Jharkhand High Court Directs State Govt To Identify "Illegal Immigrants" In Six Districts Allegedly Coming From Bangladesh

While hearing a PIL highlighting alleged illegal immigration from Bangladesh in the Santhal Pargana region, the Jharkhand High Court directed the state government to utilize its "Special Branch" for identifying "infiltrators/illegal immigrants" in the area in question. The direction was passed in a public interest litigation (PIL) petition moved by one Danyaal Danish claiming that in...

Illegally Terminated Employee Entitled To Benefits As If Termination Never Occurred: Jharkhand High Court

A single judge bench of the Jharkhand High Court, comprising Justice S.N. Pathak, while deciding a petition, held that an employee who has been illegally terminated should not be denied the benefits they would have received had the termination not occurred. Background Facts The Petitioner was appointed as a Clerk in J.K.R.R High School, Chirkunda, Dhanbad, (Employer) in...

Registering Authority Cannot Examine Subject Matter Of Sale Deed If It Does Not Have Any Defects: Jharkhand High Court

The Jharkhand High Court has recently reiterated that in cases of registration of sale deeds, the registering authority cannot examine the nature of right, title, character of the deed's subject matter, if it is properly executed and does not have any legal or formal defects. Relying on a 2012 ruling of a coordinate bench in Dinesh Singh vs. The State of Jharkhand & Others, a single...

Appeals Filed Without Delay Condonation Applications Cannot Be Rectified Later: Jharkhand High Court

The Jharkhand High Court has ruled that if an appeal memo does not contain an application for the condonation of delay at the time of its filing, subsequent filing of such an application cannot cure the defect.The appeal, filed in 2020, sought to quash the order passed by the Judicial Member and Accountant Member of the Income Tax Appellate Tribunal (ITAT), Ranchi Bench, for different...

Jharkhand High Court Denies Bail in Rs 781.39 Crore GST Fraud Case Involving Fake Firms and Bogus Invoices

The Jharkhand High Court has rejected the bail application of a man involved in a massive GST fraud case of Rs. 781.39 crores and accused of orchestrating a large-scale fake GST invoice scam.The accused, Sumit Gupta, alleged to be the mastermind behind the creation and operation of 135 bogus firms, was charged with causing a massive financial loss of Rs. 781.39 crores to the government...

Jharkhand High Court Weekly Roundup: July 29 - August 4, 2024

Nominal Index [Citations: 2023 LiveLaw (Jha) 125-134]Khageshwar Rana V. Smt. Sundri Devi 2024 LiveLaw (Jha) 125Mahendra Prasad Singh V. Ratan Ram 2024 LiveLaw (Jha) 126Noor Islam vs The State of Jharkhand 2024 LiveLaw (Jha) 127 Mosomat Dukho Orain V. Sheikh Khalil 2024 LiveLaw (Jha) 128M/s Aditya Enterprises and Ors vs The State of Jharkhand and Ors 2024 LiveLaw (Jha) 129Mithun Nonia @...

[S.90 Evidence Act] Mere Age Of Document Not Conclusive Proof Of Its Execution, Prima Facie Evidence Required: Jharkhand High Court

The Jharkhand High Court has clarified that the mere age of a document does not serve as conclusive proof of its due execution. The Court emphasised that prima facie proof is necessary to establish that a document is thirty years old to raise a presumption under Section 90 of The Indian Evidence Act, 1872, though this presumption remains rebuttable. Justice Gautam Kumar Choudhary...

Defence Of Accused Cannot Be Looked Into While Considering His Discharge Petition: Jharkhand High Court Reiterates

The Jharkhand High Court has reiterated that the defense of the accused cannot be considered when considering a discharge petition.Justice Pradeep Kumar Srivastava, who presided over the case, remarked, "It appears that the points raised as a basis of discharge of the petitioners pertains to their defence in the case. The truth or falsify of the case could be decided only at the trial...

Difficult To Enforce Unrealistically High Maintenance Amount To Be Paid By Spouse Employed In Unorganized Sector: Jharkhand High Court

The Jharkhand High Court has held that awarding unrealistically high maintenance in cases involving individuals employed in the unorganised sector can lead to difficulties in realising the maintenance amount.In the case at hand, an order of maintenance was passed, awarding Rs. 3000/- to the wife of the petitioner and Rs. 1000/- each to his three children. A criminal revision petition was...

Mere Breach Of Contract Does Not Constitute Criminal Breach Of Trust U/S 405 IPC Without 'Entrustment': Jharkhand High Court

The Jharkhand High Court has held that a mere breach of contract does not constitute an offence under Section 405 of the Indian Penal Code without the presence of 'entrustment'. The provision penalises criminal breach of trust.Justice Sanjay Dwivedi observed, “Offence of criminal breach of trust has been defined under section 405 I.P.C. and same is punishable under section 406 I.P.C. In...

Irregularity In Test Identification Parade Does Not Erode Evidentiary Value Of Identification In Court: Jharkhand High Court

The Jharkhand High Court has clarified that Test Identification Parade (TIP) conducted during the investigation is part of the investigative process and does not constitute substantive evidence. Thus, it emphasised that irregularities in conducting TIP is not a sufficient ground to discard the prosecution's case, if supported by other credible evidence.Justice Gautam Kumar Choudhary,...

Deputy Commissioner Lacks Power To Initiate Confiscation Proceeding: Jharkhand High Court Declares Rule 11(V) Ultra Vires To Mines & Minerals Act

The Jharkhand High Court has ruled that Deputy Commissioners in each district lack the authority to initiate and decide confiscation proceedings under the Jharkhand Mineral (Prevention of Illegal Mining, Transport and Storage) Rules, 2017.This decision, made by a division bench comprising Justice Anand Sen and Justice Subhash Chand, deems Rule 11(V) of the Jharkhand Mineral Rules, 2017, as...