High Court Grants Interim Bail To Accused In Transit Remand Arrested In Uttar Pradesh By Jharkhand Police

The Jharkhand High Court has granted interim bail to an accused who was in transit remand following an arrest by the Jharkhand Police in Bareilly, Uttar Pradesh. Justice Sanjay Kumar Dwivedi, who presided over the case, noted the circumstances of the arrest and determined that releasing the petitioner on interim bail was justifiable for the sake of justice. “The way, by which, the...

'Unshaken Testimony': Jharkhand High Court Confirms Murder Conviction Despite Trial Court Not Questioning 11-Yr-Old Witness' Competency

The Jharkhand High Court has upheld the conviction of a man for the murder of his wife, despite the trial court's failure to verify the competency of an eleven-year-old child witness. The High Court presided over by the division bench of Justices Ananda Sen and Subhash Chand, noted that Jasmira Khatoon's testimony remained rational and consistent even though the trial court did not evaluate...

O.VIII R.1 CPC | Filing Written Statement Within Maximum Period Of 90 Days Is Directory Not Mandatory: Jharkhand High Court

The Jharkhand High Court has ruled on the procedural aspect of filing written statements under Order VIII Rule 1 of the Civil Procedure Code (CPC), emphasising that the time limits prescribed are meant to expedite proceedings rather than obstruct them. The Court clarified that while the standard time frame for filing a written statement is 30 days from the service of notice, the trial court...

Execution Of Sale Deed Must Be Proved By Witnesses Or Parties Before Being Marked As Exhibit In Trial: Jharkhand High Court

The Jharkhand High Court has held that while a sale deed is initially a private document, it becomes a public document upon registration with the Registrar. However, for the sale deed to be marked as exhibited in a trial, its execution must be proven by witnesses or parties involved in the sale deed.Justice Subhash Chand presiding over the case observed, “The sale deed is the private...

S. 152 CPC | Clerical, Arithmetical Mistakes Can Be Rectified In Judgment And Decree: Jharkhand High Court

The Jharkhand High Court has held that in accordance with Section 152 of the Code of Civil Procedure, clerical and arithmetical mistakes can be rectified in judgements and decrees. Justice Subhash Chand presiding over the case, observed, “In view of Section 152 of the Code of Civil Procedure, the clerical and arithmetical mistake can be rectified the judgment and decree as well. The...

Jharkhand High Court Weekly Roundup: July 22 - July 28, 2024

Nominal Index [Citations: 2023 LiveLaw (Jha) 117-124]TATA Capital Housing Finance Limited V. The State of Jharkhand 2024 LiveLaw (Jha) 117Arun Kumar Thakur V. The State of Jharkhand & Anr. 2024 LiveLaw (Jha) 118Rengha Oraon @ Regha Oraon V. State of Jharkhand 2024 LiveLaw (Jha) 119Chhotu Kalindi V. The State of Jharkhand 2024 LiveLaw (Jha) 120Ajit Barla V. State of Jharkhand 2024...

Jharkhand High Court Dismisses Dept's Appeals For Not Filing Delay Condonation Application Along With Appeal Memo

The Jharkhand High Court, while dismissing the appeal filed by the department, held that a delayed condonation application not filed with an appeal memo and subsequent filing cannot cure defects.The bench of Chief Justice B.R. Sarangi and Justice Sujit Narayan Prasad has observed that time and again if the appeal memo does not contain an application of delay condonation and was not filed at...

Mere Pendency Of Title Suit No Grounds For Discharge From Offense Of Theft Without Establishing Possession, Malicious Intent Of Complainant: Jharkhand HC

The Jharkhand High Court has ruled that the mere pendency of a title suit does not justify discharging an individual from a theft offense unless a competent court has ruled that the accused was in possession and that the case was lodged maliciously by the informant.Justice Gautam Kumar Chaoudhary observed, “Having considered the submissions, this Court is of the view that mere pendency of...

Approaching HC Under Article 226 To Report Cognizable Offence Is Not Appropriate Remedy, Petitioner Must First Register FIR Or File Complaint: Jharkhand HC

The Jharkhand High Court has held that if a cognizable offence has been committed and the petitioner feels that a First Information Report (FIR) needs to be registered, he can be the informant and get an FIR registered at the police station or file a complaint before a competent court. The Court emphasized that there are ample provisions in the Code of Criminal Procedure to address...

To Attract Applicability Of Section 324 IPC, Voluntary Hurt Must Be Caused By 'Dangerous' Instrument Which Can Cause Death: Jharkhand High Court

The Jharkhand High Court has ruled that to attract Section 324 of the Indian Penal Code (IPC), voluntary hurt must be caused by instruments of shooting, stabbing, or cutting. The court noted that the use of such instruments can definitely cause death.Justices Ananda Sen and Subhash Chand observed, “Section 324 of the Indian Penal Code provides for punishment for voluntarily causing hurt...

When Eyewitness Testimony Is Credible, Proving Motive Behind Offense Is Not Necessary: Jharkhand High Court

The Jharkhand High Court has held that when there is an eyewitness who has seen the commission of murder and their evidence is credible, it is not necessary for the prosecution to prove the motive behind the offence.“When there is eye witness, who had seen the commission of murder and their evidence is credible, it is not necessary that the prosecution has to prove the motive behind...

Jharkhand High Court Weekly Roundup: July 15 - July 21, 2024

Nominal Index [Citations: 2023 LiveLaw (Jha) 112-116]Smt. Meena Kumari Sinha v. M/s Maruti Suzuki India Ltd. & Ors. 2024 LiveLaw (Jha) 112XXX vs The State Of Jharkhand 2024 LiveLaw (Jha) 113Budhuwa Oraon V. .Ghura Oraon 2024 LiveLaw (Jha) 114 Ravi Shankar Mishra vs Union of India through Ministry of Home Affairs And ors 2024 LiveLaw (Jha) 115Shankar Singh V. The State of Jharkhand...