Jharkhand High Court Half Yearly Digest: January - June 2024

Nominal Index [Citations: 2024 LiveLaw (Jha) 1- 103]Rahul Yadav @ Hari Kumar Yadav, vs. The State of Jharkhand & Anr 2024 LiveLaw (Jha) 1Gautam Kumar Banarjee vs. Dr. C.P. Vidyarthi & Anr 2024 LiveLaw (Jha) 2Steel Authority of India Ltd vs. The State of Jharkhand and others 2024 LiveLaw (Jha) 3CTET Utteern Abhiyarthi Sangh vs. State of Jharkhand 2024 LiveLaw (Jha) 4Branch Manager,...

Discharge Of Debt By Drawer To Be Determined At Trial, Can't Be Ground For Quashing Cheque Bounce Case U/S 138 NI Act: Jharkhand HC

The Jharkhand High Court has dismissed a petition to quash a cheque bounce case, emphasizing that determining whether the petitioner had settled the debt for which the cheques were issued is a factual matter requiring a full trial. Justice Anil Kumar Choudhary, presiding over the case, observed, “Now whether or not the petitioner has discharged the debt for which the cheques were issued is...

Private Medical Negligence Complaint Not Maintainable Without Expert Opinion Of Another Doctor Supporting Allegations: Jharkhand High Court

The Jharkhand High Court has ruled that a private complaint against a doctor cannot be considered unless there is prima facie evidence supported by a credible opinion from another doctor indicating medical negligence by the accused.Single Bench of Justice Sanjay Kumar Dwivedi said, "it is crystal clear that a private complaint may not be entertained unless the complainant has produced prima...

Jharkhand High Court Weekly Roundup: June 30 - July 7, 2024

Nominal Index [Citations: 2023 LiveLaw (Jha) 104-108]Brajkishore Sao V. The State of Jharkhand 2024 LiveLaw (Jha) 104Anil Kumar Singh vs State of Jharkhand and Ors 2024 LiveLaw (Jha) 105Tata Steel Utilities and Infrastructure Services Limited vs Jharkhand Urban Infrastructure Development Company Limited 2024 LiveLaw (Jha) 106 Abhishek Kumar v. The State of Jharkhand 2024 LiveLaw (Jha)...

Justice BR Sarangi Takes Oath As Jharkhand High Court Chief Justice, To Have 15 Days Tenure As CJ

Justice Bidyut Ranjan Sarangi was sworn in as the 15th Chief Justice of the Jharkhand High Court on Friday, in a ceremony at the state Raj Bhavan, with Governor C P Radhakrishnan administering the oath of office and secrecy. Justice Sarangi's tenure will be notably brief, as he is scheduled to retire on July 19, just days after assuming his new role.Before his elevation to the judiciary,...

Deceased Employee's Wife Entitled For Compensation From Date Of Death, Irrespective Application: Jharkhand High Court

A single judge bench of the Jharkhand High Court, comprising Justice Deepak Roshan, while deciding a Writ Petition held that the wife of a deceased employee is entitled for compensation from the date of employee's death, regardless of whether an application for compensation was submitted or not. Background Facts The deceased employee was employed by BCCL as a Tyndal in the...

'Order Sheet Written By Someone Else, Judicial Magistrate Just Put Signature' : Jharkhand High Court Quashes Warrant Issued Recklessly

Rebuking the judicial officer for recklessness, the High Court suggested that the officer undergo training.

Jharkhand High Court Bids Farewell to Acting Chief Justice Shree Chandrashekhar

The Jharkhand High Court on Thursday bid adieu to Acting Chief Justice Shree Chandrashekhar, who is being transferred to the Rajasthan High Court after an 11-year tenure as a Judge. The ceremonial bench held in his honour was filled with appreciation for his warm personality and calm demeanour.Justice Chandrashekhar was appointed as an Additional Judge of the Jharkhand High Court on January...

Section 11 Of Arbitration Act Mandates Examination Of Written, Signed Arbitration Clauses As Per Section 7 Requirements: Jharkhand High Court

The Jharkhand High Court bench of Acting Chief Justice Shree Chandrashekhar has held that in Section 11(6) of the Arbitration and Conciliation Act, 1996, the Court is required to see whether there is an arbitration clause which as per section 7 should be a document in writing signed by the parties. The bench held where the existence of the arbitration agreement is undisputed by...

Jharkhand HC Orders ₹5 Lakh Compensation For Man Who Was Wrongly Taken Into Police Custody & Tortured, Directs Recovery From Accused Officer

The Jharkhand High Court has ordered a compensation of Rs. 5 lakhs to be paid to a victim of police brutality, directing the amount to be recovered from the accused officer. Justice Ananda Sen, presiding over the case, held that the petitioner was wrongfully taken into custody and tortured, mandating the recovery from the responsible police officials within two months of payment.“Since it is...

Person Seeking Transfer Of License On Compassionate Grounds Must Be "Dependent" Of Deceased: Jharkhand High Court

The Jharkhand High Court has ruled that a person seeking the transfer of a license on compassionate grounds must be a dependent of the deceased and must claim the license on compassionate grounds.While clarifying the application of Clause-11 Cha and Clause-11 Ja of the Jharkhand Targeted Public Distribution System Control Order, 2022, Justice Ananda Sen held, “Clause-11 Cha of the Order,...

Jharkhand HC Takes Suo Moto Cognizance Of 'Error' In 'Bharatiya Nyaya Sanhita' Published By 'Universal LexisNexis', Directs Urgent Correction

The Jharkhand High Court has taken Suo Motu cognizance of a significant error in the Bharatiya Nyaya Sanhita (BNS) 2023 published by Universal LexisNexis. The Court identified a major discrepancy in Section 103(2), where the phrase "any other ground" was printed instead of "any other similar ground." According to the Court, this omission has serious implications for the interpretation...