Jharkhand Judicial Academy Hosts State-Level Conference On 'Judicial Ethics: Conduct Inside And Outside Of Court'

The Judicial Academy, Jharkhand successfully conducted a State Level Conference on “Judicial Ethics: Conduct Inside and Outside of Court” on 20th July, 2024 at Dr. A.P.J. Abdul Kalam Auditorium.Justice Abhay S. Oka, Judge, Supreme Court of India, attended as the chief guest, while Justice Sujit Narayan Prasad, Acting Chief Justice, High Court of Jharkhand-cum-Executive Chairman,...

Discretionary Power To Summon Witnesses U/S 311 Cr.P.C. Must Be Exercised Judiciously, With Strong Reasons And Caution: Jharkhand High Court

The Jharkhand High Court has affirmed the discretionary power of courts under Section 311 Cr.P.C., emphasising its role in uncovering the truth while underscoring the need for its judicious exercise.Justice Sanjay Kumar Dwivedi noted, “Section 311 Cr.P.C. is one of many such provisions which strengthens the arms of the Court in its efforts to unearth the truth by procedural sanction by law....

SARFAESI ACT | District Magistrate Not Adjudicating Authority, Must Assist Secured Creditors In Asset Possession: Jharkhand High Court

The Jharkhand High Court has ruled that it is the duty of the District Magistrate to assist secured creditors in taking possession of secured assets under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The court clarified that the District Magistrate is not the adjudicating authority under this Act.Justice Ananda Sen observed, “It...

'Subsistence Of Valid Marriage Is Prerequisite For Passing Maintenance Orders U/S 125 Cr.P.C': Jharkhand High Court

The Jharkhand High Court has ruled that a valid marriage is a prerequisite for issuing orders under Section 125 of the Code of Criminal Procedure (Cr.P.C.). The court set aside a maintenance order issued under Section 125, emphasising that the petitioner's second marriage lacked legal sanctity unless he was validly divorced from his first wife.Justice Gautam Kumar Choudhary, who presided over...

Justice Sujit Narayan Prasad To Serve As Acting Chief Justice Of Jharkhand High Court Following Retirement Of Justice BR Sarangi

Justice Sujit Narayan Prasad has been appointed as the acting Chief Justice of the Jharkhand High Court. This appointment comes as incumbent Chief Justice Bidyut Ranjan Sarangi demits office after a brief tenure lasting nearly a fortnight.Justice Sarangi was appointed as the Chief Justice on July 3 and will demit the office today. Justice Prasad will take charge as the acting CJ from...

Mere Delay In Execution Of Work Not Criminal Breach Of Trust, Particularly In Absence Of Agreement Stipulating Time Frame: Jharkhand High Court

The Jharkhand High Court has overturned the conviction of two individuals charged with criminal breach of trust, ruling that mere delay in the execution of work does not constitute criminal breach of trust, especially in the absence of an agreement specifying a time frame.Petitioner was entrusted with a sum for construction of school. As per complainant, the construction was...

CRPF Commandant Who Suffered 75% Disability In Naxal Operation Should Not Be Deprived Of Seniority Due To Authorities' Inaction: Jharkhand HC

In a recent judgement concerning the seniority of a CRPF Commandant who survived a Naxal attack and sustained 75% disability, the Jharkhand High Court while ruling in favour of the petitioner, has directed the respondents to reinstate the petitioner's seniority. The Commandant was initially denied seniority due to not meeting the required medical category for promotion, attributed to...

Parties May Adduce Necessary Documentary Evidence At Later Stage If Sufficient Ground For Delay Shown: Jharkhand High Court

The Jharkhand High Court has ruled that documentary evidence not submitted at the time of filing a written statement may be introduced at subsequent stages of a suit, provided due diligence was exercised in their production.Justice Subhash Chand observed, “The learned trial court while rejecting the application of the plaintiff has not considered this legal position that if the...

'Unbecoming' Of Police Personnel To Be In Live-In Relationship Despite Being Married: Jharkhand High Court Upholds Constable's Dismissal

The Jharkhand High Court has affirmed the dismissal of a police constable who, despite being married, was involved in a live-in relationship with another woman. The Court stated that such behaviour is inappropriate for a police officer and violates the rules governing his service conditions.Justice SN Pathak presiding over the case, ruled, "It is unbecoming of a police personnel who was...

S. 65-B Of Indian Evidence Act Only Pertains To Production Of Electronic Records, Not Physical Documents: Jharkhand High Court Clarifies

The Jharkhand High Court has clarified that Section 65-B of the Indian Evidence Act, 1872 applies to the presentation of electronic evidence, and not physical documents.Justice Sujit Narayan Prasad, presiding over the case observed, “Section 65 of the Indian Evidence Act is mainly for the purpose of treating the document as secondary evidence depending upon the availability of the...

'Lawyers Not Getting Justice': Jharkhand High Court Calls For Comprehensive Insurance Benefits For Lawyers

The Jharkhand High Court has called upon the Central and State governments to make provisions for extending insurance benefits to the lawyers community in the state. Bench of Chief Justice Dr. B.R. Sarangi and Justice Sujit Narayan Prasad said often lawyers are not able to maintain themselves properly and it is for the government to formulate guidelines with regard to grant of life and...

Jharkhand High Court Refers Contempt Case Against Advocate General To Larger Bench Amid Claims Of False Affidavits, Procedural Complexities

The Jharkhand High Court has referred a pending contempt case involving the state's Advocate General, accused of filing false affidavits, to a larger bench for further deliberation. The Court emphasised the importance of judicial propriety and the binding nature of decisions from a coordinate bench, stating that differing views should be referred to a larger bench.Justice Sanjay Kumar...