No Amendment Of Plaint After Conclusion Of Evidence If It Alters Nature Of Suit Or Prejudices Accrued Rights Of Defendants: Jharkhand HC

The Jharkhand High Court has reiterated that amendments in pleadings that alter the fundamental nature of a suit or prejudice accrued rights of the opposing party cannot be permitted.The Court observed that a proposed amendment sought after the conclusion of evidence, which changes the very nature of the plaint and the source of title claimed by the plaintiff, is impermissible and prejudicial...

Power Under Article 227 Of Constitution To Be Used Sparingly, Cannot Be Used For 'Correcting Mere Errors': Jharkhand High Court Reiterates

While hearing a plea seeking exercising of power under Article 227 of Constitution and for passing interim orders till fresh orders are passed by the concerned court, the Jharkhand High Court reiterated that power under the provision is to be used sparingly and cannot be used to correct "mere errors". In doing so the court further observed that if the power is used in this manner, then it...

'Apprehension' Of Criminal Force Caused By Accused's Gestures Sufficient To Constitute Assault: Jharkhand HC Upholds Conviction U/S 353 IPC

The Jharkhand High Court has ruled that the actual use of criminal force is not a condition precedent to attract the offence of assault defined under Section 351 of the IPC, which is punishable under Section 353 applicable. The Court held that the mere apprehension in the victim's mind about the potential use of criminal force, created by the accused's gestures, is sufficient to constitute...

Can't Perpetuate "Pernicious Practice" Of Indefinite Irregular Appointment: Jharkhand HC Orders Regularization Of Clerk After 10 Yrs

The Jharkhand High Court in a recent judgement, has directed the State to regularise the services of an appellant who had been engaged as a Computer Operator on a daily-wage basis since 2008 and later on a contractual basis.A Division Bench comprising Chief Justice M.S. Ramachandra Rao and Justice Deepak Roshan observed, “We are of the opinion that utilizing the services of the appellant...

Cognizance Of Cheque Dishonour U/S 138 NI Act Can Be Taken Only Upon A Written Complaint: Jharkhand High Court Reiterates

While hearing a cheque bouncing case, the Jharkhand High Court has reaffirmed that cognizance of offences under Section 142 of the Negotiable Instruments (NI) Act does not require a report to the police nor empowers the court to direct the police to investigate the complaint. The court further clarified that under Section 142(1)(a) of the NI Act the cognizance of an offence punishable...

Jharkhand High Court Awards Compensation Under 'Future Prospects' Head For Death Of 33-Year-Old Homemaker In Motor Accident

While enhancing the compensation awarded to the family of a 33-year-old woman who died on the spot in a road accident, the Jharkhand High Court observed that future prospects must be factored into the assessment of her contribution to the household.Modifying the compensation awarded by the Motor Vehicles Accident Claims Tribunal from Rs. 3,84,000 to Rs. 5,69,600, the court observed that it...

MACT Erred In Categorizing Skilled Mason As Semi-Skilled Worker Under Jharkhand Minimum Wage Notification: High Court Enhances Award

The Jharkhand High Court has rectified an error in the computation of compensation awarded by the Motor Accident Claims Tribunal (MACT), Bokaro by assessing the income of the deceased, a mason, as that of a semi-skilled worker, contrary to the classification in the Jharkhand Minimum Wage Notification.Justice Subhash Chand, presiding over the case, observed, “the learned Tribunal has held...

[Motor Accident] Adverse Inference Can Be Drawn Against Insurer On Failure To Rebut Evidence: Jharkhand HC Upholds ₹11.45 Lakh Compensation

The Jharkhand High Court has upheld the award of ₹11,45,932 granted by the Motor Accident Claims Tribunal (MACT), Dhanbad, to the widow of a carpenter who succumbed to injuries sustained in a fatal motorcycle accident.The court emphasised that failure of the insurance company to summon key witnesses or rebut the evidence presented by the claimants resulted in an adverse inference being...

[S.138 NI Act] Not Making Company Separate Accused In Cheque Bouncing Complaint Isn't Fatal To Prosecution Case: Jharkhand HC

The Jharkhand High Court dismissed a petition filed by the Director of a company seeking to quash criminal proceedings for cheque bouncing under Section 138 of the Negotiable Instruments Act and said that not making the company a separate accused in the complaint would not be fatal for the prosecution. The Court noted that while the company that issued the cheque was not named as an accused,...

S.60 Indian Evidence Act | Person Who Has Seen Or Heard A Fact Can Be Said To Provide Direct Evidence: Jharkhand High Court

The Jharkhand High Court has upheld the murder conviction of a constable, emphasising the reliability of direct evidence under Section 60 of the Evidence Act. The Court clarified that testimony from an eyewitness who directly observed or heard a fact constitutes direct evidence.The division bench of Justice Ananda Sen and Justice Gautam Kumar Choudhary noted, “Informant is a direct eye...

Departmental Proceedings Must Adhere To Governing Rules, Some Evidence Must Be Proved Against The Delinquent: Jharkhand High Court

While hearing a service law matter, the Jharkhand High Court has reiterated that departmental proceedings must adhere to established rules and some sort of evidence is required to be proved against the delinquent.In doing so, the court further noted that the departmental enquiry report concerning the petitioner–who was accused of mismanagement of funds and dismissed from service, did not...

Jharkhand HC Fines Man Rs. 1 Lakh For Filing 'Misconceived' Application In Pending Plea Of BJP MP Nishikant Dubey In Alleged Fraud Case

Dismissing an application moved by a man alleging that the counsel appearing for BJP MP Nishikant Dubey in an ongoing criminal writ petition, had appeared for the former and their professional relationship had continued, the Jharkhand High Court imposed a cost of Rs 1 Lakh finding the plea to be "misconceived" and filed with an "ill motive" to obstruct judicial proceedings.A single judge bench...