Jharkhand High Court
Courts Can't Grant Refund Of Earnest Money If Not Specifically Prayed For In Specific Performance Suit: Jharkhand High Court
The Jharkhand High Court has observed that, in a specific performance suit, the Courts cannot grant relief of refund of earnest money if it is not specifically prayed for. “Since the plaintiffs in the plaint in itself has not sought the alternate relief for refund of the earnest money or the further amount so paid, the Court cannot give direction for refund of the said amount to...
Relief To Flat-Owners: Jharkhand High Court Rejects Appeal By Builder, Landowners Attempting To "Grab" Area Earmarked For Common Facilities
Holding that flat-owners are "entitled" to enjoy common facilities, the Jharkhand High Court has dismissed an appeal preferred by builder VKS Realty against quashing of new building plan which permitted construction over 46 kathas common area of Ratan Heights, a residential complex in Morabadi.The division bench of Acting Chief Justice S Chandrashekhar and Justice Arun Kumar Rai said the...
Existence Of Arbitration Clause Doesn't Automatically Bar Criminal Proceedings: Jharkhand High Court
The Jharkhand High Court bench of Justice Sanjay Kumar Dwivedi held that held that the existence of an arbitration clause does not automatically bar criminal proceedings. It held that quashing of cognizance or proceedings, as well as the initiation of arbitral proceedings related to commercial transactions, are not determinative factors. The bench held that merely because there...
Jharkhand HC Imposes ₹1K Fine On Rahul Gandhi For Delayed Response In Plea Challenging Non-Bailable Warrant Issued Against Him For Allegedly Defaming Amit Shah
The Jharkhand High Court has imposed a fine of Rs 1,000 on Congress leader Rahul Gandhi for failing to file his response within the stipulated time in a case challenging a non-bailable warrant issued against him for allegedly defaming Amit Shah. The warrant stems from alleged objectionable remarks Gandhi made against Union Home Minister Amit Shah.Justice Anil Kumar Choudhary, presiding over...
[MMDR Act] Deputy Commissioner-Cum-District Magistrate Not Competent Authority To Order Confiscation Of Commercial Vehicle: Jharkhand High Court
The Jharkhand High Court has ruled that the Deputy Commissioner-cum-District Magistrate is not a competent authority to order the confiscation of a commercial vehicle. Justice Rajesh Kumar presiding over the case observed, “Considering the fact that the Deputy Commissioner -cum- District Magistrate is not a competent authority to pass the order of confiscation. Accordingly, the order...
Jharkhand High Court Advocates' Association Ends Strike As Division Bench Stays Order Debarring Lawyer
Jharkhand High Court Advocates' Association (JHCAA) today concluded its strike following a Division Bench order staying the debarment of a lawyer. Exercising its authority under Article 215 and 226 of the Constitution coupled with Section 14 of the Contempt of Court Act, bench of Justice Rajesh Kumar on May 15 suspended the license of a lawyer and barred him from entering the High...
Presumption Of Guilt U/S 113B Evidence Act Inapplicable When All Ingredients Of Dowry Death U/S 304B IPC Not Proved By Prosecution: Jharkhand HC
The Jharkhand High Court has emphasized that for the statutory presumption under Section 113B of the Indian Evidence Act to apply, the prosecution must establish through evidence that the deceased faced cruelty or harassment related to dowry shortly before her unnatural death in her marital home. This presumption, the Court stated, is only triggered when all the elements of the offense...
Jharkhand High Court Conducts Orientation-Cum-Workshop On Gender Sensitization
The Jharkhand High Court successfully concluded an Orientation-cum-Workshop on Gender Sensitization with a focus on the Procedure of Redressal of Sexual Harassment of Women at Workplace on May 10.The workshop was conducted by the High Court of Jharkhand Gender Sensitization and Internal Complaints Committee under the aegis of the High Court of Jharkhand. Distinguished guests and...
S. 106 Evidence Act | Unless Prosecution Proves Case Beyond Reasonable Doubt, Burden Of Proof Can't Be Shifted To Accused: Jharkhand High Court
In a recent ruling, the Jharkhand High Court overturned the judgement of a trial court in a murder case, emphasizing the necessity for the prosecution to establish its case beyond reasonable doubt. The Court observed that unless the prosecution proves its case beyond reasonable doubt, the burden of proof cannot be shifted onto the accused, as stipulated under section 106 of the Evidence Act....
S.26 Specific Relief Act | Without Any Rectification In Registered Instruments, Revenue Records Can't Be Corrected: Jharkhand High Court
The Jharkhand High Court while expounding on Section 26 of the Specific Relief Act, 1963, has emphasized that rectification of an instrument is imperative if the true intention of the parties is not reflected due to mutual mistake.Justice Ananda Sen, observed, “Since their records were based on the registered sale deed and the settlement deed, those instrument first needs to be corrected,...
Jharkhand High Court Dismisses Contempt Proceedings Against State's Advocate General And AAG
The Jharkhand High Court has granted substantial relief to the state's Advocate General Rajeev Ranjan and Additional Advocate General Sachin Kumar, in a petition seeking initiation of criminal contempt proceedings against them. The petition stemmed from alleged remarks and conduct while seeking the recusal of Justice Sanjay Kumar Dwivedi from a matter.For context, a single bench of the High...
'Day Not Far When Lawyers Won't Need To Carry Files': Jharkhand High Court Launches Android App, QR Directory For Enhanced Judicial Accessibility
In a bid to embrace technological advancements and foster efficiency within the judicial system, the Jharkhand High Court organized a momentous program on May 8, marking the launch of an Android Mobile Application and the release of a QR Directory of e-Services.The event, graced by the presence of esteemed dignitaries including all Judges of the High Court of Jharkhand, the Advocate...