Jharkhand High Court
Jharkhand High Court Commutes Death Sentence Due To Split Verdict Between Division Bench
Recently, the Jharkhand High Court commuted a death sentence to life imprisonment on the ground that a split opinion of the Division Bench on the question of conviction made it impermissible to affirm the capital punishment, even in the absence of any mitigating circumstances.Justice Gautam Kumar Choudhary was hearing a death reference after a Division Bench of the Jharkhand High Court...
Jharkhand High Court Sets Aside Shared Parenting Order; Says Welfare Of Child Overrides Father's Status As Natural Guardian
The Jharkhand High Court recently held that Section 6 of the Hindu Minority and Guardianship Act must be read in conjunction with Section 13, and that the welfare of the child remains the primary consideration even though the father is designated as the natural guardian. The Court set aside the Family Court's order directing a “shared parenting arrangement” and granting custody to the...
'Minor Offence': Jharkhand High Court Exempts CM Hemant Soren From Personal Appearance In Case U/S 174 IPC
The Jharkhand High Court recently allowed Hemant Soren's application seeking exemption from personal appearance in a Section 174 IPC case, holding that his role as Chief Minister and the minor nature of the offence did not warrant requiring his personal attendance.A Single Judge Bench comprising Justice Anil Kumar Choudhary was hearing a petition under Section 528 of the Bharatiya...
Jharkhand High Court Directs Principal Secy To File Personal Affidavit Highlighting Number Of Custodial Deaths From 2018 Onwards
In an order dated 27.11.2025, the Jharkhand High Court directed the Principal Secretary, Department of Home, Prison and Disaster Management, Government of Jharkhand, to file a personal affidavit indicating all cases of deaths occurring in police custody as well as during police transit.A Division Bench comprising Chief Justice Tarlok Singh Chauhan and Justice Rajesh Shankar passed this order...
Jharkhand High Court Directs Inspection Of Jails To Assess Quality Of Food Given To Inmates
The Jharkhand High Court has directed various District Legal Services Authorities to conduct inspections of different jails to assess the quality of food provided to inmates and to check if it is as per the jail manual. The court further directed that DLSA or Jharkhand State Legal Services Authority shall frequently conduct such inspections on food quality supplied in prisons.The court...
Criminal Revision Before HC Is Maintainable, But Sessions Court Should Ordinarily Be Approached First: Jharkhand High Court
The Jharkhand High Court recently held that the revisional jurisdiction of the Sessions Judge and the inherent powers of the High Court operate concurrently, and invoking one does not bar recourse to the other. However, as a matter of judicial discipline, the High Court will ordinarily refrain from exercising its inherent powers when an equally efficacious remedy before the Sessions Judge...
Preventive Detention Can Be Extended Without Advisory Board's Review After Initial Confirmation: Jharkhand High Court
The Jharkhand High Court recently clarified that once the Advisory Board has approved a preventive-detention order and the State Government has issued a confirmatory order, no further approval of the Board is required for subsequent extensions.A Division Bench of Justice Sujit Narayan Prasad and Justice Arun Kumar Rai made these observations while dismissing a writ petition challenging an...
“Crime Against Country's Economic Health, Has Cascading Effect on Taxpayers”: Jharkhand HC Denies Bail In Rs 522 Cr PMLA Case
The Jharkhand High Court has refused to grant bail to Amit Gupta (applicant), who was accused of coordinating 135 shell companies allegedly to generate fake invoices, irregular Input Tax Credit (ITC), and fraudulent e-way bills, causing a purported loss of over Rs.522.91 crores to Government exchequer.As the applicant had miserably failed to satisfy the Court that reasonable grounds existed...
Husband Cannot Rely On Muslim Personal Law For Restoring Conjugal Rights After Marrying Under Special Marriage Act: Jharkhand HC
The Jharkhand High Court has held that once parties marry under the Special Marriage Act, 1954, the provisions governing restitution of conjugal rights under Section 22 apply in full, irrespective of the personal laws they otherwise follow. The Court rejected the husband's contention that, being a Muslim, he was entitled to marry up to four women and that his wife's departure from the...
Service Tax | Once Pre-Deposit Condition Is Fulfilled, Appeal Must Be Heard On Merits: Jharkhand High Court
The Jharkhand High Court held that once an appeal was dismissed for non-compliance with the mandatory pre-deposit of the Service Tax amount, the Appellate Authority does not become functus officio and was competent to decide the appeal on merits if the mandatory condition of pre-deposit of 7.5% of the Service Tax amount was subsequently complied with by the assessee. A Division...
Panchayati Raj Act Overrides Regional Development Authority Act In Rural Areas: Jharkhand High Court Sets Aside Demolition Orders
The Jharkhand High Court, in a significant judgment, held that since there is an irreconcilable conflict between the Jharkhand Panchayati Raj Act and the Jharkhand Regional Development Authority Act, the Panchayati Raj Act must prevail. The Court observed that the inconsistent provisions of the Regional Development Authority Act stand impliedly repealed to the extent they conflict with...
S.45 PMLA Turns Principle Of Bail Is Rule & Jail Is Exception 'On Its Head': Jharkhand HC Denies Bail In ₹750-Crore Fake GST Invoice Case
The Jharkhand High Court recently observed that Section 45 of the Prevention of Money Laundering Act (PMLA), with its twin conditions, “turns the principle of bail is the rule and jail is the exception on its head.”Justice Sujit Narayan Prasad made this observation while denying bail to an accused allegedly involved in the creation of fake companies for passing on ineligible input tax...