Jharkhand High Court
'Constitutional And Fundamental Right Of An Employee To Receive Retiral Benefits, If There Are No Legal Impediments': Jharkhand High Court
The Jharkhand High Court has ruled that pensionary benefits are a constitutional and fundamental right of employees, not a discretionary bounty of authorities. The Court expressed bewilderment at the withholding of retiral benefits from an employee whose dismissal order had been quashed by the appellate authority without any appeal or revision from the Department.Justice SN Pathak presiding...
Conviction Can Be Maintained On Basis Of Evidence Tendered By Police Personnel Who Are Also Victim Of Crime: Jharkhand High Court
The Jharkhand High Court has ruled that convictions can be maintained based on the evidence provided by police personnel, even if they are victims of the crime. Justice Pradeep Kumar Srivastava presiding over the case observed, “...the plea of petitioners about non examination of any independent witness cannot be sustained and there is no requirement of law that conviction cannot be...
Jharkhand High Court Reports 138.41% Average Clearance Rate In First Quadrimester Of 2024, Reduces Case Pendency By 6.11%
The Jharkhand High Court has reported a significant increase in its case disposal rates during the first quadrimester of 2024. The data reveals that the court achieved an average clearance rate of 138.41%, which has resulted in a notable reduction in case pendency.As of January 1, 2024, the total number of pending cases stood at 85,593, comprising 38,445 civil cases and 47,148 criminal cases....
[S. 100 CPC] Court May Formulate Substantial Question Of Law Even Though Same Hasn't Been Formulated In Memorandum Of Second Appeal: Jharkhand High Court
The Jharkhand High Court has observed that under Section 100 of the Code of Civil Procedure, the Court is empowered to formulate any substantial question of law that arises between the parties, even if it was not included in the memorandum of the Second Appeal. “Under section 100 of the Code of Civil Procedure, the Court may formulate any substantial question of law which arises between...
Bail Once Granted To Accused Can't Be Cancelled Unless He Violates Bail Conditions Or Impedes Fair Trial: Jharkhand High Court
In a recent ruling, the Jharkhand High Court emphasized that bail once granted to an accused cannot be cancelled solely based on non-compliance with the terms of a compromise agreement. Justice Anil Kumar Choudhary, presiding over the case, reiterated that bail can only be revoked if the accused violates the conditions of bail or impedes a fair trial.Justice Anil Kumar Choudhary,...
No Bar In Law In Examining An Inimical, Interested Or Related Witness By A Party To Support His Case: Jharkhand High Court
The Jharkhand High Court has observed that there is no bar in law in examining an inimical, interested, or related witness by a party to support his case. A witness may be closely related to the victim or inimical to the accused but on that ground, his testimony cannot be treated as tainted, the Court said.The division bench comprising Acting Chief Justice Shree Chandrashekhar and Justice...
Jharkhand HC Seeks ED's Reply By June 10 On Ex-CM Hemant Soren's Bail Plea In Money Laundering Case
The Jharkhand High Court today sought the response of the Enforcement Directorate (ED) in a petition filed by former state Chief Minister Hemant Soren seeking regular bail in connection to a money laundering case related to a land scam.Soren, in his petition, urged for an immediate hearing on the matter, which was scheduled before the bench of Justice Rongon Mukhopadhyay today. He pleaded...
Ex-CM Hemant Soren Moves Jharkhand High Court Seeking Regular Bail In Money Laundering Case, Hearing Tomorrow
Hemant Soren, the former Chief Minister of Jharkhand, has filed a fresh application in the Jharkhand High Court seeking regular bail in connection to a money laundering case related to a land scam. He has urged for an immediate hearing on the matter, which is scheduled before the bench of Justice Rongon Mukhopadhyay on Tuesday.Soren has been in judicial custody since his arrest by the...
Summons In Criminal Cases Can't Be Issued Against Person's Position, 'A Post Is Not A Juridical Person': Jharkhand High Court Reiterates
The Jharkhand High Court has reiterated that summons in a criminal case to face trial cannot be issued against positions or posts, as a post is not a juridical person. Therefore, the Court stated that taking cognizance without naming any individual responsible for the alleged criminal act is not sustainable in law.Justice Anil Kumar Choudhary, presiding over the case observed, "summons in...
Courts Can't Grant Refund Of Earnest Money If Not Specifically Prayed For In Specific Performance Suit: Jharkhand High Court
The Jharkhand High Court has observed that, in a specific performance suit, the Courts cannot grant relief of refund of earnest money if it is not specifically prayed for. “Since the plaintiffs in the plaint in itself has not sought the alternate relief for refund of the earnest money or the further amount so paid, the Court cannot give direction for refund of the said amount to...
Relief To Flat-Owners: Jharkhand High Court Rejects Appeal By Builder, Landowners Attempting To "Grab" Area Earmarked For Common Facilities
Holding that flat-owners are "entitled" to enjoy common facilities, the Jharkhand High Court has dismissed an appeal preferred by builder VKS Realty against quashing of new building plan which permitted construction over 46 kathas common area of Ratan Heights, a residential complex in Morabadi.The division bench of Acting Chief Justice S Chandrashekhar and Justice Arun Kumar Rai said the...
Existence Of Arbitration Clause Doesn't Automatically Bar Criminal Proceedings: Jharkhand High Court
The Jharkhand High Court bench of Justice Sanjay Kumar Dwivedi held that held that the existence of an arbitration clause does not automatically bar criminal proceedings. It held that quashing of cognizance or proceedings, as well as the initiation of arbitral proceedings related to commercial transactions, are not determinative factors. The bench held that merely because there...