Minor's Mob-Lynching Case | "Mob Violence Worst Form Of Crime; Police Hiding Something": Jharkhand High Court Orders CBI Probe

"Mob lynching or mob violence is one of the worst forms of crime committed by a group of people in a locality without any botheration of its consequence," the Jharkhand High Court observed as it transferred the probe into the 2022 mob lynching case of a minor boy named Rupesh Pandey to the Central Bureau of Investigation (CBI).The bench of Justice Sanjay Kumar Dwivedi prima facie observed...

Show Cause Notice Containing "NA" In Column Of Date, Time, Venue Of Personal Hearing: Jharkhand High Court Quashes Adjudication Order

The Jharkhand High Court has quashed the adjudication order and held that the notice issued under notice under Section 73 of the CGST Act, in the column of date, time and venue of personal hearing, was indicated by the respondents as "NA", which means not applicable.The division bench of Justice Aparesh Kumar Singh and Justice Deepak Roshan has observed that the adjudication order was not...

Dumka School Girl Killing Has 'Stirred Conscience Of Entire Country': Jharkhand HC Takes Suo Moto Cognizance, To Monitor Case

The Jharkhand High Court has taken suo moto cognizance of the Dumka girl death case wherein a school girl was reportedly killed after a man allegedly poured petrol on her from outside the window of her room while she was sleeping and set her ablaze.The Division Bench of Chief Justice Dr. Ravi Ranjan and Justice Sujit Narayan observed that the occurrence has stirred the conscience of not only...

Essential Commodities Act | Storage Limit Prescribed In Non-Compliance Of Statutory Mandate Cannot Lead To Criminal Action: Jharkhand High Court

The Jharkhand High Court has made it clear that non-compliance with statutory requirements with respect to prescribing limit for storage of goods, cannot attract criminal liability.The observation was made while quashing multiple FIRs registered under Section 7 of the Essential Commodities Act against the Petitioners, over storing pulses in excess of the limit prescribed under Clause 18 of...

If Assessee Disputes Interest Liability Then Dept. Has To Follow Procedure Laid Down u/s 73 or 74 of the CGST Act: Jharkhand High Court

The Jharkhand High Court has held that if any assessee disputes the liability of interest under Section 50 of the CGST Act, then the department has to follow the specific procedure as stipulated under Section 73 or 74 of the CGST Act.The division bench of Justice Aparesh Kumar Singh and Justice Deepak Roshan has observed that the department failed to follow the procedure as enshrined...

Goods Or Conveyance Can't be Detained Without Service of detention Order: Jharkhand High Court

The Jharkhand High Court has held that no goods or conveyance shall be detained or seized without serving an order of detention or seizure on the person transporting the goods. The division bench of Justice Aparesh Kumar Singh and Justice Deepak Roshan has observed that the adjudication order and the appellate order both suffered from procedural infirmities and lacked...

Exclusive Jurisdiction Is Good For Civil Suits, Can't Supersede The Seat Of Arbitration: Jharkhand High Court

The Jharkhand High Court has held that merely because exclusive jurisdiction has been conferred on a different court, the same cannot amount to contrary indicia and the venue of arbitration would still be the seat of arbitration. The Bench of Justice Sujit Narayan Prasad held that exclusive jurisdiction clause cannot supersede the designation of venue/seat of...

Leaseholder Using Land For Charitable Purpose Can't Be Charged Rent Applicable To Commercial Category Of Lease: Jharkhand High Court To State

The Jharkhand High Court recently observed that a society using a leasehold land for charitable purposes, in this case for charitable educational purpose, cannot be charged premium, rent or service charge at commercial lease rates.Justice Kailash Prasad Deo observed that the State, as instrumentality, cannot act with arbitrariness and it must be just, fair and reasonable in all their...

Unexplained & Inordinate Delay In Invoking Statutory Remedies Is Relevant Consideration While Exercising Powers Under Article 226: Jharkhand HC

The Jharkhand High Court recently observed that once the statutory remedy of revision has been held to be barred by limitation, interference with such finding in writ proceedings without any explanation for inordinate delay would amount to stretching the exercise of power under Article 226 of the Constitution of India. The observation came from Justice Anubha Rawat Choudhary: "This...