Jharkhand High Court Weekly Round-Up: August 21 To August 27, 2023

The State of Jharkhand and Others vs. M/s Flowmore Limited 2023 LiveLaw (Jha) 28

Jiramani Devi vs. State of Jharkhand 2023 LiveLaw (Jha) 29

Bijay Hansda vs. The State of Jharkhand and Others 2023 LiveLaw (Jha) 30

Krishna Kabir vs. The Union of India through Central Bureau of Investigation 2023 LiveLaw (Jha) 31

Judgements/Orders This Week

Labor Cess Inapplicable To Material Supply And Consultancy Charges: Jharkhand High Court

Case Title: The State of Jharkhand and Others vs. M/s Flowmore Limited

Case Citation: 2023 LiveLaw (Jha) 28

The Jharkhand High Court has ruled that Labor Cess should not be imposed on the supply of materials and consultancy charges for a contract that is different from civil works contracts. This decision came after the State appealed against a ruling made by a Single Judge Bench on June 13, 2022. The Single Judge Bench had stated that Labor Cess is not applicable to the supply of materials and consultancy charges for a contract that is distinct from civil works contracts.

2021 Police Firing: Jharkhand High Court Directs Fresh Probe Into Tribal's Death, Orders ₹5 Lakh Compensation To Widow

Case Title: Jiramani Devi vs. State of Jharkhand

Case Citation: 2023 LiveLaw (Jha) 29

The Jharkhand High Court has directed the state police to re-investigate the matter of Brahmadev Singh’s killing, who was allegedly killed by security forces in Latehar district on the suspicion of being a Maoist in June, 2021. Apart from this, the court also directed to pay Rs 5 lakh as compensation to Singh’s family. The above order came from the bench of Justice Sanjay Kumar Dwivedi while hearing a petition filed by Singh’s widow, Jiramani Devi, who had demanded a CBI probe into the matter.

Jharkhand High Court Orders CBI To Conduct Preliminary Inquiry Into Allegations Of Illegal Mining And Political Intimidation

Case Title: Bijay Hansda vs. The State of Jharkhand and Others

Case Citation: 2023 LiveLaw (Jha) 30

The Jharkhand High Court has directed the Central Bureau of Investigation (CBI) to probe the illegal mining, and intimidation in Sahibganj district. The case involves serious charges against influential individuals linked to the illegal stone mining trade.

Justice Sanjay Kumar Dwivedi asked the CBI to complete the preliminary inquiry and submit the report within a month while observing, “It goes without saying that such enquiry cannot be ordered as a matter of routine or merely because a party makes an allegation and if after considering the materials on records the Court concludes that such materials disclose that prima facie case calling for investigation by the C.B.I, the Court can pass necessary order and in light of that, several judgments have been discussed hereinabove and one of the celebrated decision of the Hon’ble Supreme Court is the case of State of West Bengal and Others v. Committee on Protection of Democratic Rights and Others(supra).”

Jharkhand High Court Grants Anticipatory Bail To Alchemist Group Director In Financial Fraud Case

Case Title: Krishna Kabir vs. The Union of India through Central Bureau of Investigation

Case Citation: 2023 LiveLaw (Jha) 31

The Jharkhand High Court has granted anticipatory bail to Krishna Kabir, the Director of the Alchemist Group, in connection with a case involving financial fraud and investor deception. Justice Gautam Kumar Choudhary was hearing a case that revolves around accusations of luring investors with false promises related to land bookings.

The matter has drawn significant attention due to the alleged embezzlement of funds and violation of the Prize Chits and Money Circulation Scheme (Banning) Act, 1978.

Other Developments

Jharkhand High Court Introduces E-Seva Kendra-Cum-Help Desks

In a move aimed at enhancing accessibility and simplifying legal proceedings, the Jharkhand High Court has unveiled two innovative 'e-seva kendra-cum-help desks' within its premises. The inauguration ceremony was held on Monday and was graced by Chief Justice Sanjaya Kumar Mishra, alongside the presence of all sitting judges of the high court.

These newly established help desks are strategically situated at the entrances of the advocates Block I and II buildings within the High Court premises. Staffed by dedicated high court personnel, the desks have been specifically designed to offer comprehensive assistance to litigants and visitors.

Multi-Faith Worship Ceremony Held At Jharkhand High Court's New Complex

The Advocates' Association of the Jharkhand High Court orchestrated a significant display of unity and reverence on August 17, with a multi-faith worship ceremony held at the recently inaugurated high court complex.

Distinguished judges, including Chief Justice Sanjaya Kumar Misra, and legal professionals gathered to witness the solemn rituals that commemorated the official transition to the new premises. The event underscored the inclusive spirit of the legal community, as representatives from diverse faiths actively took part.