Jharkhand High Court
Jharkhand HC Commutes Death Sentence Of Constable Who Opened Fire On Milk Supplier For Demanding Dues, Says S.27 Arms Act Not Attracted
The Jharkhand High Court has commuted the death sentence imposed on a Railway police constable who opened fire on the family of his neighbour-milk supplier, for demanding dues.While doing so, the Court held that since the Constable had used his service pistol, conviction under Section 27 of the Arms Act 1959 cannot stand.The Court clarified that Section 27 of the Act does not apply in all...
Confession Made By An Accused Before Panchayat Qualifies As Extra-Judicial Confession: Jharkhand High Court
The Jharkhand High Court has held that a confession made by an accused person before the Panchayat qualifies as an extra-judicial confession. The Court emphasised that an extra-judicial confession can serve as the basis for conviction if the person before whom the confession is made is impartial and not hostile toward the accused.A division bench comprising Justices Ananda Sen and Gautam...
'Contradictory Versions And Sketchy Evidence': Jharkhand HC Overturns Death Sentence Of Man Convicted For Murder Of Pregnant Wife, Infant
The Jharkhand High Court recently set aside the death sentence awarded to a man by the trial court which had convicted him for the murder of his pregnant wife and 15-month-old infant child, citing "sketchy evidence" and the fact that the prosecution was unable to prove the circumstances of the case. In doing so, the high court expressed its concern with the manner in which the alleged crime...
Objections Regarding Employee's Appointment Can't Be Raised Post-Retirement, If Not Raised During Service: Jharkhand High Court
A single judge bench of the Jharkhand High Court comprising of Justice Deepak Roshan, while deciding a writ petition, held that objections regarding an employee's appointment cannot be raised post-retirement if no such objections were made during the employee's service period.Background Facts The employee was appointed as a typist by the Governing Body of S.P. College, Dumka, on August 1,...
Considering Female Candidate For Employment Only In Absence Of Male Nominee Is Gender Discrimination: Jharkhand High Court
The Jharkhand High Court has reiterated that denial of employment to a female candidate only on the basis of gender is against the provisions of Articles 14 and 15 of the Constitution of India. The court noted that in exceptional cases, where there is no male nominee, the proposal for female employment was being considered by the Eastern Coalfields Limited and, as such, on the basis of...
Writ Petition Not Maintainable Against Labour Court Order Under Workmen's Compensation Act: Jharkhand High Court
The Jharkhand High Court has ruled that a writ petition filed against an order passed by the Labour Court under the Workmen's Compensation Act is not maintainable.The above ruling came in a writ petition which was filed challenging a 2017 judgement passed by the Presiding Officer, Labour Court, Deoghar in a Workmen Compensation case. The Labour Court had directed the petitioner, Sanjay Karpri,...
Justice M.S. Ramachandra Rao Sworn In As Chief Justice Of Jharkhand High Court
Justice M.S. Ramachandra Rao was sworn in as the Chief Justice of the Jharkhand High Court on Wednesday, September 25, 2024. The oath of office was administered by Governor Santosh Kumar Gangwar at the Raj Bhavan.The swearing-in ceremony was attended by Chief Minister Hemant Soren, his cabinet colleagues, several judges, and senior government officials.The President of India had previously...
Family Members Are Natural Witnesses, Cannot Be Deemed To Be 'Interested' Parties Due To Relation With Victim: Jharkhand High Court
The Jharkhand High Court has held that family members of a victim are natural witnesses to an incident and cannot be deemed biassed solely because of their close relationship to the victim. The division bench, comprising Justices Ananda Sen and Gautam Kumar Choudhary, rejected the argument made by the appellants that independent witnesses did not support the prosecution's case, while...
Jharkhand High Court Restrains Govt From Suspending Internet On Ground Of Conducting Exams, Says Shutdown Violates Fundamental Rights
In a special hearing held on Sunday (Sep. 22), the Jharkhand High Court temporarily restrained the government from suspending internet services in the State on the grounds of conducting any examination. The court said that no internet services would be disrupted without the court's permission.“It is made clear that till pendency of this writ petition, without the leave of this Court,...
Victimology Not Just About Compensation, But Proportionate Punishment: Jharkhand High Court Confirms Death Sentence In Brutal Rape & Murder Case
The Jharkhand High Court has confirmed the capital punishment for a man convicted of the rape and murder of a 19-year-old woman in Ranchi, emphasizing that victimology extends beyond mere compensation.The division judge bench comprising Justices Ananda Sen and Gautam Kumar Choudhary noted, “Victimology is not all about victim compensation, which cannot be a recompense for valuable life lost...
Disclosure Of Rape Victim Identity Via WhatsApp Group Also Barred: Jharkhand High Court Upholds Charges Against Jamtara MLA
The Jharkhand High Court has declined to quash charges against Jamtara MLA and Minister for State's Rural Development, Dr. Irfan Ansari, who has been accused of circulating the identity of a minor rape victim to the media via WhatsApp. A single bench of Justice Arun Kumar Rai referred to Section 228A IPC which prohibits printing or publishing the name or rape victim identity in any matter....
Rape Victim Testimony Not Vitiated By Mere Lack Of Medical Evidence But Courts Must Be On Guard Against False Implication Of Accused: Jharkhand HC
The Jharkhand High Court has reiterated that sexual assaults, typically not occurring in public, do not necessitate corroboration in every instance. The court highlighted that unless a victim's testimony contains something significantly unusual, it should not be dismissed solely for lack of medical evidence. However, the Court also stressed the necessity for vigilance to prevent...