Compensation For Demolished Houses Must Be Recovered From Erring Officials, Not State: Jharkhand High Court

The Jharkhand High Court has recently directed the registration of FIRs and investigation by the Anti-Corruption Bureau against erring officials for permitting illegal construction and encroachments on land acquired for the Rajendra Institute of Medical Sciences (RIMS). The Court held that large-scale encroachments could not have taken place without serious administrative lapses. The Bench further held that residents whose houses were demolished are entitled to compensation, which must be...

Ensure 100% Voluntary Blood Collection, Set Up Blood Component Separation Units In All Districts Within 3 Months: Jharkhand High Court To State

The Jharkhand High Court passed comprehensive directions to the State to ensure that 100% of blood collection is secured through voluntary blood donation drives and to establish Blood Component Separation Units (BCSUs) in every district of the State of Jharkhand within a period of three months.A Division Bench of the Jharkhand High Court comprising Chief Justice Tarlok Singh Chauhan and Justice Rajesh Shankar was hearing a Public Interest Litigation, wherein it passed the following...

GST Refund Claim Cannot Be Rejected Unless Mandatory Procedure Under Rule 92(3) CGST Rules Is Followed: Jharkhand High Court

The High Court of Jharkhand has set aside GST refund rejection orders passed against Carbon Resources Private Limited, holding that the tax department violated mandatory procedure and principles of natural justice while rejecting the refund claim. A Division Bench comprising Chief Justice Tarlok Singh Chauhan and Justice Rajesh Shankar was hearing two writ petitions challenging a...

'No Dilly-Dallying': Jharkhand High Court Warns State Over Illegal Slaughter, Meat Sale Violations

The Jharkhand High Court has directed the State to strictly comply with the provisions of the Food Safety and Standards Act and to ensure that no illegal cutting or slaughter of animals takes place without adherence to the Prevention of Cruelty to Animals Act.A Division Bench comprising Chief Justice Tarlok Singh Chauhan and Justice Rajesh Shankar was hearing a Public Interest Litigation...

Employee Deemed To Have Switched From CPF To More Beneficial GPF-Cum-Pension If No Option Is Exercised By Cut-Off Date: Jharkhand HC

A Division Bench of the Jharkhand High Court comprising Chief Justice Tarlok Singh Chauhan and Justice Rajesh Shankar held that beneficial pension scheme conversion is permissible even without an express option. An employee appointed prior to 01.01.1986 is deemed to have switched from the CPF scheme to the more beneficial GPF-cum-Pension Scheme if no positive option to continue...

'Govt Not Ordinary Litigant Seeking To Win By Hook Or Crook': Jharkhand HC Slams State's 'Belligerent Litigation', Imposes ₹1 Lakh Cost

The Jharkhand High Court recently observed that the State is not an ordinary litigant seeking to win a case against one of its own citizens by hook or by crook. The Court directed that henceforth all litigation on the appellate or revisional side at the behest of the State must be initiated only after complying with the Jharkhand State Litigation Policy.A Division Bench comprising Chief...

Ex-Servicemen In Special Auxiliary Police Force Cannot Claim Superannuation As Regular Govt Servant: Jharkhand High Court

The Jharkhand High Court recently held that ex-servicemen engaged on a contractual basis under the State's Special Auxiliary Police Force (SAP) battalions cannot claim continuation of service beyond the tenure prescribed under the governing scheme.A Single Judge Bench of Justice Ananda Sen was hearing a case wherein the petitioners were ex-servicemen appointed in terms of a scheme. The scheme...

'Liberty Of Squadron Leader Serving Country At Stake': Jharkhand High Court Grants Anticipatory Bail To IAF Officer Booked In Cruelty FIR

The Jharkhand High Court on Tuesday (December 16) granted anticipatory bail to a Squadron Leader serving in the Indian Air Force accused of receiving dowry and inflicting cruelty upon his wife, noting that the circumstances were exceptional and peculiar where liberty of an officer serving the country was at stake. In doing so the court also noted that the petitioner was not absconding and...

Villagers' Attempts To 'Resolve' Rape Case Through Mediation Explains Delay In Lodging FIR: Jharkhand High Court Upholds Conviction

The Jharkhand High Court recently observed that delay in lodging an FIR in rape cases may be justified where it is shown that local residents first attempted to resolve the matter amicably within the village.A Single Judge Bench of Justice Arun Kumar Rai was hearing an appeal against the order of the Trial Court whereby the appellant had been convicted under Section 376 IPC and sentenced to...

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...