Jharkhand High Court
No Prescribed Format Of Recording Dying Declaration But Courts Must Satisfy Whether It Was Made In 'Fit State Of Mind': Jharkhand High Court
The Jharkhand High Court has made it clear that there is no prescribed format for recording a dying declaration and it may be either oral or in writing, however, any Court relying on it must ensure that it was made by the declarant in a 'fit state of mind'.A division bench comprising Justices Subhash Chand and Ananda Sen observed, “It is the settled law that the dying declaration may be oral...
Section 11 Petition Requires Only Existence of Arbitration Clause, 'No More, No Less': Jharkhand High Court
The Jharkhand High Court bench of Acting Chief Justice Shree Chandrashekhar has held that the court in Section 11 of the Arbitration and Conciliation Act, 1996 is not required to look beyond except existence of the arbitration clause at this stage; 'no more no less'. Section 11 of the Arbitration Act pertains to the appointment of arbitrators. It outlines the procedure for...
Judges And Staff Of Jharkhand High Court Participate In Yogabhyas Camp To Celebrate International Yoga Day
On the occasion of International Day of Yoga, a Yogabhyas Camp was organized on the premises of Jharkhand High Court. The event saw the participation of several high-ranking officials including Judges of the Jharkhand High Court, Registry members, officers, and staff.Notable attendees included Justice Sujit Narayan Prasad, Justice Rongon Mukhopadhyay, Justice Ananda Sen, Justice Dr....
Pensionary Benefits And Gratuity Can't Be Withheld During Pendency Of Criminal Proceedings Against Employees: Jharkhand High Court
A single judge bench of the Jharkhand High Court comprising of Justice S.N. Pathak, while deciding Writ Petition in the case of Shanti Devi vs. State of Jharkhand and Others, held that pension and gratuity benefits for employees cannot be withheld while criminal proceedings are ongoing. Background Facts Shanti Devi (Petitioner) was appointed as a Lecturer in BNJ College, Sisai,...
GST Officers Should Not Coerce Individuals Summoned To Give Statements After Office Hours: Jharkhand High Court
The Jharkhand High Court has held that GST officers should not require or coerce individuals summoned under GST to give statements after office hours.The division bench comprising Acting Chief Justice Shree Chandrashekhar and Justice Navneet Kumar emphasized, “In our opinion, the proper officer under the GST should not be requiring or forcing or coercing a person so summoned to give...
Courts Responsible To Prevent Criminal Action Against Innocents, Must Proceed With Circumspection When Malicious Prosecution Alleged: Jharkhand HC
The Jharkhand High Court has quashed criminal proceedings in a case deemed maliciously filed, emphasising that when a case is filed with malicious intent and subsequently challenged in the High Court, it bears a greater responsibility to scrutinise the matter meticulously to prevent the wrongful prosecution of an innocent person.Justice Sanjay Kumar Dwivedi remarked, “There is no doubt that...
Anticipatory Bail Plea Rendered Non-Maintainable If No Interim Protection Granted And Proclamation U/S 82 CrPC Is Issued: Jharkhand High Court
The Jharkhand High Court has reiterated that warrants, proclamations, and attachments can be issued against an accused unless there is an interim order of no-coercive measure issued by the court where the anticipatory bail application is filed. If such an interim order is absent and a process under Section 82 ofCrPC is issued, it renders the anticipatory bail application not maintainable.In...
Death By A Hammer Blow On Head: Jharkhand High Court Says Culpable Homicide On Sudden Provocation Not Murder, Intention To Kill Not Shown
The Jharkhand High Court recently set aside the murder conviction of a man who caused the death of his uncle by giving a blow of hammer on his head, stating that 'culpable homicide' committed without premeditation in the heat of passion upon a sudden quarrel, where the offender does not take 'undue advantage nor acts cruelly', does not constitute murder.The Division Bench of Justice Ananda...
Jharkhand High Court Weekly Roundup: June 3 - June 9, 2024
Nominal Index [Citations: 2023 LiveLaw (Jha) 87-93]Simant Saurav @ Simant Saunabh V. The State of Jharkhand 2024 LiveLaw (Jha) 87 Shrawan Kumar Das V. The State of Jharkhand 2024 LiveLaw (Jha) 88 Sanjay Kujur V. The State of Jharkhand 2024 LiveLaw (Jha) 89 Anita Devi V. The State of Jharkhand 2024 LiveLaw (Jha) 90 Jharkhand Urja Vikas Nigam Limited v. M/s Rites Ltd. and Ors. 2024 LiveLaw...
Extra-Judicial Confession Obtained Through Coercion Inadmissible As Evidence: Jharkhand HC Acquits Man In 15 Yrs Old Murder & Unnatural Offence Case
The Jharkhand High Court has acquitted a man booked in 2009 for committing unnatural sex and murder of a 10 years old boy, while ruling that his extra-judicial confession obtained through coercion is inadmissible as evidence.The Division Bench of Justices Subhash Chand and Ananda Sen noted, “The extra judicial confession being not voluntary and was the result of coercion cannot be admissible...
[S.302 IPC] Non-Submission Of Murder Weapon For Forensic Examination Not Fatal To Prosecution Case When Direct Evidence Available: Jharkhand High Court
The Jharakhand High Court has upheld a life imprisonment sentence handed to a man by the Additional Sessions Judge-III, Dumka, in a murder case under Section 302 of the Indian Penal Code while observing that in cases with direct evidence, the absence of the weapon used in the crime or its forensic examination does not undermine the prosecution's case.The Division Bench of Justices Subhash...
On Inconsistency Between Multiple Dying Declarations, Statement Recorded By Magistrate Or Higher Official Can Be Relied Upon: Jharkhand HC
The Jharkhand High Court has reiterated the importance of dying declarations in criminal cases, emphasising that if there are inconsistencies between multiple dying declarations, the statement recorded before a Magistrate or higher official holds weightage.The Division Bench of Justice Ananda Sen and Justice Subhash Chand made this observation while hearing an appeal challenging a verdict...