Jharkhand High Court Allows Migration Of The TDS Amount Under GST

The Jharkhand High Court has held that the unadjusted TDS amount has to be treated as an input tax credit amount and is required to be carried forward in the next succeeding months.The division bench of Acting Chief Justice Aparesh Kumar Singh and Justice Deepak Roshan has observed that the unadjusted TDS amount would have been otherwise refundable to the petitioners if it were not allowed to...

Can't Condone Delay If Applicant Fails To Show ‘Sufficient Cause’ For The Delay: Jharkhand High Court Reiterates

The Jharkhand High Court has reiterated that the court should not allow an application for condonation of delay until and unless the applicant satisfies the court that he was prevented by any ‘sufficient cause’ from prosecuting the case. While dismissing the second appeal, Justice Sanjay Kumar Dwivedi observed: “The applicant must satisfy the Court that he was prevented by...

'Prosecution Story Reminds One Of A Crime Thriller': Jharkhand High Court Denies Bail To CM's Alleged Aide In Illegal Mining Case

Denying bail to an alleged aide of Jharkhand's sitting Chief Minister Hemant Soren in connection with an illegal mining case, the High Court recently said that the story of the prosecution (ED) "reminds one of a crime thriller, where the state withers and the crime cartels with political connection, clash for natural resources of the state".The bench of Justice Gautam Kumar Choudhary...

Benefit Under SVLDRS Scheme Cant Be Denied Based On Dept. Decision To File Appeal: Jharkhand High Court

The Jharkhand High Court has held that the benefit under the Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 (SVLDRS scheme), cannot be denied by the designated committee for the reason that the department has decided to file an appeal against the order.The division bench of Acting Chief Justice Aparesh Kumar Singh and Justice Deepak Roshan has observed that the Designated...

Mining Lease Of 999 Years Violates ‘Rule Against Perpetuity’ And Shall Be Void Being Against Public Policy: Jharkhand High Court

The Jharkhand High Court has observed that a mining lease of 999 years amounts to a leave for perpetuity, which is opposed to public policy and is void.A division bench of Justice Shree Chandrashekhar and Justice Ratnaker Bhengra observed,“A period of Nine Hundred and Ninety-Nine years may be construed a period in perpetuity. It may also be considered an indefinite period and a mining lease...

Jharkhand High Court: Important Judgments Of 2022

Citations: 2022 LiveLaw (Jha) 1 to 97NOMINAL INDEXRinki Kumari @ Anita Kumari v. Kundan Kumar @ Kundan Kumar Singh, 2022 LiveLaw (Jha) 1Arun Kumar Prajapati v. State of Jharkhand, 2022 LiveLaw (Jha) 2Kayum Ansari v. Central Coal Feild Limited, 2022 LiveLaw (Jha) 3Ashok Kumar Singh & Ors v. the State of Jharkhand and Other Connected Matters, 2022 LiveLaw (Jha) 4National Insurance...

DNA Tests Can Encroach On Privacy & Physical Autonomy, Can't Be Directed As A Matter Of Course: Jharkhand High Court

The Jharkhand High Court has observed that the order to conduct DNA Tests cannot be passed as a matter of course as such a direction may encroach privacy and physical autonomy of a person. With this, the bench of Justice Sanjay Kumar Dwivedi upheld an order of the Special Judge, POCSO, Ranchi rejecting the plea of the man, facing rape charges under the POCSO Act, seeking a direction to...

Centre Notifies Appointment Of Justice Aparesh Kumar Singh As Acting Chief Justice Of Jharkhand High Court

The Central government has notified the appointment of Justice Aparesh Kumar Singh as the Acting Chief Justice of Jharkhand High Court. The appointment will take effect from December 20, subsequent to retirement of Dr. Justice Ravi Ranjan.The notification reads thus:"In exercise of the power conferred by Article 223 of the Constitution of India, the President is pleased to appoint, Shri...

Married Woman Can't Be Lured To Give Consent For Sex On False Promise Of Marriage: Jharkhand High Court

The Jharkhand High Court has held that a married woman, who enters into a consensual sexual relationship with a man other than her husband, cannot later on prosecute him for rape on the false pretext of marriage. In other words, the Court was of the view that a married woman cannot be lured to give consent for sex on the false promise of marriage, as such promise is illegal. While...

Jharkhand High Court Grants Interim Protection To Chhattisgarh BJP Candidate Brahmanand Netam In POCSO Case

The Jharkhand High Court on Monday directed the State to desist from taking any 'coercive steps' against Brahmanand Netam, BJP candidate in the Bhanupratappur assembly by-election in Chhattisgarh, booked in a case involving serious sexual offences under Sections 376B, 376(2)(a)(i), 376D, 366A & 370 of the IPC along with Sections 4 and 6 of the POCSO Act.The case reportedly involves...

Fresh Notice Under Section 21 Not Required To Be Issued For Appointment Of Substitute Arbitrator: Jharkhand High Court

The Jharkhand High Court has ruled that a party is not required to make a fresh request for appointment of substitute arbitrator by issuing a notice under Section 21 of the Arbitration and Conciliation Act, 1996 (A&C Act), if notice under Section 21 was issued for appointment of the arbitrator sought to be substituted. The bench of Justice Sujit Narayan Prasad held that once...

Muslim Woman Can Marry Person Of Her Choice After Attaining 15 Yrs Of Age: Jharkhand High Court Reiterates

The Jharkhand High Court has held that there is a presumption under Muslim law that people attain puberty at the age of '15 years' and upon attaining the same, they are at liberty to marry persons of their choice without any interference of their guardians. While quashing a pending criminal proceeding against a man for marrying 15 years-old-girl, a Single Bench of Justice Sanjay...