Jharkhand High Court
Pensionary Benefits And Gratuity Can't Be Withheld During Pendency Of Criminal Proceedings Against Employees: Jharkhand High Court
A single judge bench of the Jharkhand High Court comprising of Justice S.N. Pathak, while deciding Writ Petition in the case of Shanti Devi vs. State of Jharkhand and Others, held that pension and gratuity benefits for employees cannot be withheld while criminal proceedings are ongoing. Background Facts Shanti Devi (Petitioner) was appointed as a Lecturer in BNJ College, Sisai,...
GST Officers Should Not Coerce Individuals Summoned To Give Statements After Office Hours: Jharkhand High Court
The Jharkhand High Court has held that GST officers should not require or coerce individuals summoned under GST to give statements after office hours.The division bench comprising Acting Chief Justice Shree Chandrashekhar and Justice Navneet Kumar emphasized, “In our opinion, the proper officer under the GST should not be requiring or forcing or coercing a person so summoned to give...
Courts Responsible To Prevent Criminal Action Against Innocents, Must Proceed With Circumspection When Malicious Prosecution Alleged: Jharkhand HC
The Jharkhand High Court has quashed criminal proceedings in a case deemed maliciously filed, emphasising that when a case is filed with malicious intent and subsequently challenged in the High Court, it bears a greater responsibility to scrutinise the matter meticulously to prevent the wrongful prosecution of an innocent person.Justice Sanjay Kumar Dwivedi remarked, “There is no doubt that...
Anticipatory Bail Plea Rendered Non-Maintainable If No Interim Protection Granted And Proclamation U/S 82 CrPC Is Issued: Jharkhand High Court
The Jharkhand High Court has reiterated that warrants, proclamations, and attachments can be issued against an accused unless there is an interim order of no-coercive measure issued by the court where the anticipatory bail application is filed. If such an interim order is absent and a process under Section 82 ofCrPC is issued, it renders the anticipatory bail application not maintainable.In...
Death By A Hammer Blow On Head: Jharkhand High Court Says Culpable Homicide On Sudden Provocation Not Murder, Intention To Kill Not Shown
The Jharkhand High Court recently set aside the murder conviction of a man who caused the death of his uncle by giving a blow of hammer on his head, stating that 'culpable homicide' committed without premeditation in the heat of passion upon a sudden quarrel, where the offender does not take 'undue advantage nor acts cruelly', does not constitute murder.The Division Bench of Justice Ananda...
Jharkhand High Court Weekly Roundup: June 3 - June 9, 2024
Nominal Index [Citations: 2023 LiveLaw (Jha) 87-93]Simant Saurav @ Simant Saunabh V. The State of Jharkhand 2024 LiveLaw (Jha) 87 Shrawan Kumar Das V. The State of Jharkhand 2024 LiveLaw (Jha) 88 Sanjay Kujur V. The State of Jharkhand 2024 LiveLaw (Jha) 89 Anita Devi V. The State of Jharkhand 2024 LiveLaw (Jha) 90 Jharkhand Urja Vikas Nigam Limited v. M/s Rites Ltd. and Ors. 2024 LiveLaw...
Extra-Judicial Confession Obtained Through Coercion Inadmissible As Evidence: Jharkhand HC Acquits Man In 15 Yrs Old Murder & Unnatural Offence Case
The Jharkhand High Court has acquitted a man booked in 2009 for committing unnatural sex and murder of a 10 years old boy, while ruling that his extra-judicial confession obtained through coercion is inadmissible as evidence.The Division Bench of Justices Subhash Chand and Ananda Sen noted, “The extra judicial confession being not voluntary and was the result of coercion cannot be admissible...
[S.302 IPC] Non-Submission Of Murder Weapon For Forensic Examination Not Fatal To Prosecution Case When Direct Evidence Available: Jharkhand High Court
The Jharakhand High Court has upheld a life imprisonment sentence handed to a man by the Additional Sessions Judge-III, Dumka, in a murder case under Section 302 of the Indian Penal Code while observing that in cases with direct evidence, the absence of the weapon used in the crime or its forensic examination does not undermine the prosecution's case.The Division Bench of Justices Subhash...
On Inconsistency Between Multiple Dying Declarations, Statement Recorded By Magistrate Or Higher Official Can Be Relied Upon: Jharkhand HC
The Jharkhand High Court has reiterated the importance of dying declarations in criminal cases, emphasising that if there are inconsistencies between multiple dying declarations, the statement recorded before a Magistrate or higher official holds weightage.The Division Bench of Justice Ananda Sen and Justice Subhash Chand made this observation while hearing an appeal challenging a verdict...
Jharkhand High Court Dismisses JUVNL's Appeal, Upholds Sole Arbitrator Appointment In Dispute With M/s Rites
The Jharkhand High Court has dismissed the appeal filed by Jharkhand Urja Vikas Nigam Limited (JUVNL) challenging the writ court's order to appoint a sole arbitrator in its dispute with M/s Rites.The Court emphasized that it is the High Court's duty to reject petitions or defenses based on purely technical grounds aimed at gaining an unfair advantage.The Division Bench, comprising Acting...
Vehicles Seized By Police Not To Be Kept Under Open Sky At Police Stations Unless Essential For Investigation: Jharkhand High Court Reiterates
The Jharkhand High Court has reiterated that vehicles seized in connection with police cases need not be kept under open sky at police stations unless their presence is required for investigation purposes. Justice Anil Kumar Choudhary, presiding over the case, emphasised this principle while addressing a petition concerning a seized motorcycle.“Having heard the submissions made at the Bar...
Conviction Cannot Be Based Solely On Recovery Of Murder Weapon; Corroborative Evidence Needed To Establish Guilt: Jharkhand High Court
The Jharkhand High Court has acquitted a man convicted of murder, ruling that a conviction cannot be based solely on the recovery of the murder weapon. The Court emphasised the necessity of corroborative evidence to establish guilt beyond reasonable doubt.The division bench comprising Justices Ananda Sen and Subhash Chand observed, “In our opinion a conviction cannot be based solely on...