Jharkhand High Court Issues Notice On PIL Seeking Insurance Coverage For Advocates

The Jharkhand High Court has issued notice in a PIL seeking directions for life and medical insurance coverage to advocates practicing in Jharkhand. The petition by Bidesh Kumar Dan, an advocate practicing in Civil Court, Dhanbad also, seeks a direction for expansion of the coverage of Ayushman Bharat Health Insurance Scheme to include Advocates and their dependent family members. “Let...

S.427 CrPC | Sentences Imposed On Habitual Offender In Separate Trials Can't Run Concurrently Without Considering Gravity: Jharkhand High Court

While disposing of a revision petition, a division bench of the Jharkhand High Court has recently held that sentences in separate trials involving different offences and victims cannot run concurrently without considering the gravity of those offences and their impact on the society.The division bench comprising Justices Ajay Kumar Gupta and Joymalya Bagchi observed,“Sentences awarded in...

No Vicarious Liability Of Company Managers When Their Role Not Disclosed In Complaint Petition: Jharkhand High Court

The Jharkhand High Court has recently held that vicarious liability cannot be imposed against an accused-Manager of the company when his role has not been mentioned in the complaint petition, and it has not been disclosed during the solemn affirmation or by the enquiry witnesses.A bench comprising Justice Sanjay Kumar Dwivedi made the observation while allowing a criminal writ petition...

Deliberate Departure From Terms Of Contract May Tantamount To A Malafide Action By Arbitrator: Jharkhand High Court

The Jharkhand High Court has reiterated that the arbitrator derives authority from the contract and thus, the award passed by him in manifest disregard to the terms of the contract would be arbitrary in nature. The bench of Justice Anubha Rawat Choudhary remarked that deliberate departure from the contract amounts not only to manifest disregard of its authority or misconduct on the part...

Resolution Professional Under IBC Will Come Within Meaning Of 'Public Servant' Under Prevention Of Corruption Act: Jharkhand High Court

A recent ruling of the Jharkhand High Court has made it clear that a Resolution Professional will be considered a public servant under both sections 2(c)(v) and (viii) of the Prevention of Corruption Act, 1988 (PC Act), because his office entails the performance of functions that are in the nature of public duty. A bench comprising Justice Gautam Kumar Choudhary passed the above...

Show Cause Notice Specifying Grounds For Proposed Action Is Mandatory Before Passing Blacklisting Order: Jharkhand High Court

The Jharkhand High Court has quashed the state prison department's decision to blacklist a trader from supplying any food material to the Divisional Jail, Lohardaga, for five years for being violative of natural justice. Sai Traders had allegedly failed to comply with an official order to supply food in the jail during the lockdown period in 2020.Justice Rajesh Shankar said the...

Can't Allow Protest Petition When Finding Of Expert Committee In Medical Negligence Case Is In Favour Of Doctor: Jharkhand High Court

The Jharkhand High Court has held that proceeding further on a protest petition when the finding of the expert committee constituted in a medical negligence case is in favour of the doctor, amounts to abuse of process of law.The court passed the above order in a criminal miscellaneous petition that was filed to quash the entire criminal proceeding, including the order taking cognizance passed...

Using Criminal Prosecution To Extract Dues For Which A Civil Remedy Is Available Is Unacceptable: Jharkhand High Court

A bench comprising Justice Gautam Kumar Choudhary of the Jharkhand High Court, while allowing a criminal miscellaneous petition, has recently ruled that criminal prosecution, in any case, cannot be permitted as an arm twisting measure to settle and extract dues for which efficacious civil remedy is available.In this case, the Criminal miscellaneous petition was preferred for quashing of...

Jharkhand High Court Organises Programme On Gender Sensitization, Workplace Sexual Harassment

A Programme on Gender Sensitization with focus on Prevention, Prohibition and Redressal of Sexual Harassment of Women at the Workplace was organized at the Jharkhand High Court on Friday.The programme was organised by the High Court of Jharkhand Gender Sensitization and Internal Complaints Committee.The programme was presided by the Chief Justice of Jharkhand High Court Justice Sanjaya...

'FIR Lodged Malafidely': Jharkhand High Court Quashes Case Against MPs Nishikant Dubey, Manoj Tiwari In Deoghar Airport Case

The Jharkhand High Court on Monday quashed the FIR lodged last year against MPs Nishikant Dubey, and Manoj Tiwari on the allegations of forcibly entering the Air Traffic Control (ATC) office in Deoghar and pressurizing the personnel to grant clearance to their chartered flight to take off from the airport. Terming the FIR to be ‘Malafide’ and observing that allowing the case...

Jharkhand High Court Stays Show-Cause Notices Issued By Two Different Authorities In Respect Of The Same Subject Matter

The Jharkhand High Court has stayed the show-cause notices issued by two different authorities in respect of the same subject matter as being outside its jurisdiction.The division bench of Acting Chief Justice Aparesh Kumar Singh and Justice Deepak Roshan has listed the matter on 29.03.2023 for the next date of hearing.The petitioner has challenged the show-cause notice issued by the...

[S.123 Railways Act] Death After Assault By Railway Police For Protesting Wife's Molestation In Train Is 'Untoward Incident': Jharkhand High Court

The Jharkhand High Court on Thursday ordered Rs. 4 lakh compensation under Railways Act in favour of a widow, who lost her husband in an assault by the Railway Police personnel during train journey after he protested her molestation by the said personnel.While setting aside the judgment of the Railway Claims Tribunal which dismissed the claim of the petitioner, the single judge bench of...