Pay Protection Granted To Govt Employee In One Cadre Can't Be Used To Justify Claim For Seniority In Another Cadre: Jharkhand High Court

The Jharkhand High Court has ruled that pay protection or the counting of past service for pensionary benefits does not entitle a government employee to claim seniority in a different service/cadre to which they shift to voluntarily. A Division Bench of Justice Sujit Narayan Prasad and Justice Rajesh Kumar referred to Supreme Court's decision in Director of School Education v. A.N....

HAMA | Widowed Daughter-In-Law Can Seek Maintenance From From Father-In-Law & Brother-In-Law: Jharkhand High Court

The Jharkhand High Court has ruled that a widowed daughter-in-law and her minor children are entitled to claim maintenance from her father-in-law and brother-in-law under Sections 19 and 22 of the Hindu Adoptions and Maintenance Act, 1956 (HAMA), provided they are unable to maintain themselves and the in-laws are in possession of coparcenary property.The Division Bench comprising Justice...

Claims Of Wife's Mental Illness Must Be Proved Through 'Cogent Evidence': Jharkhand High Court Denies Husband's Plea For Divorce

The Jharkhand High Court has held that a claim of spouse's mental illness as a ground for divorce under Section 13(1)(iii) of the Hindu Marriage Act, 1955 must be backed by "cogent, tangible and reliable evidence." A division bench of Justice Sujit Narayan Prasad and Justice Rajesh Kumar observed that in the absence of documentary proof such as a psychiatrist's opinion or records of...

Jharkhand High Court Enhances Monthly Alimony Of Wife & Autistic Child To ₹90K After RTI Reveals Husband's ₹20 Lakh Annual Income

The Jharkhand High Court enhanced the permanent alimony awarded by the family court a woman to Rs. 90,000 p.m.–including Rs. 40,000 for maintenance of her minor son who suffers from autism, rejecting the husband's argument that she was self sufficient observing that she can't do a permanent job in view of her son's condition. In doing so the court also took note of the husband's job...

If SCN Is Issued Without GST Authority's Signature, Demand Order Can't Be Saved Even If It Is Signed: Jharkhand High Court

The Jharkhand High Court has made it clear that an order raising GST demand cannot be saved even if it is properly authenticated by the issuing authority, if the show cause notice preceding it was not signed.A division bench of Chief Justice M.S. Ramachandra Rao and Justice Rajesh Shankar was dealing with a Petitioner's grievance that Form GST DRC-01A issued to him under section 73(1) of...

'Unfortunate And Unwarranted': Jharkhand High Court Criticizes Magistrate For Ignoring SC Guidelines On Personal Liberty, Orders Training

The Jharkhand High Court has voiced serious concerns in a case arising out of a complaint, where the Magistrate failed to follow the guidelines laid down by the Supreme Court regarding personal liberty and bail procedures. The bench observed with disappointment that despite conducting sensitivity programs by the Jharkhand Judicial Academy, some magistrates continue to remain unaware of the...

Jharkhand High Court Stays Probe In FIR Against Bokaro Steel Plant's Senior Officials Accused Of Protestor's Murder

The Jharkhand High Court in an interim order stayed investigation against senior officials of Bokaro Steel Plant in relation to an FIR registered in connection with a protest which allegedly turned violent, leading to the death of one of the protestors. The FIR was filed against the Director In-Charge and the Executive Director (P&A) of the Bokaro Steel Plant. The FIR was registered...

Rahul Gandhi Moves Jharkhand High Court Against Non-Bailable Warrant Issued In 2018 Defamation Case Involving Amit Shah

Congress leader Rahul Gandhi has reportedly moved the Jharkhand High Court against a non-bailable warrant issued by a court in Chaibasa to appear in person, in connection with a defamation case pertaining to his alleged remarks on Union Home Minister Amit Shah. As per a news report of The Hindu, the Congress leader has prayed for the high court to quash the warrant issued in May. Notably,...

SC Collegium Recommends Appointment Of New Chief Justices In Five High Courts

The Supreme Court Collegium has recommended the appointment of Justice Sanjeev Sachdeva, Judge of the MP High Court ( parent HC : Delhi High Court), as the Chief Justice of the Madhya Pradesh High Court.Justice Vibhu Bakhru, Delhi High Court Judge, has been recommended as the Chief Justice of the Karnataka High Court.Also, Justice Ashutosh Kumar of Patna High Court has been recommended as...

Delay In Reinstatement After Tribunal Award, Employer Can't Deny Pension For The Delayed Period : Jharkhand Hc

The Jharkhand High Court bench comprising of Justice Rajesh Shankar, while deciding an appeal held that an employer cannot deny pension benefits on the ground of insufficient service period or contribution if the delay in reinstatement following a tribunal award was due to the employer's own fault. Background Facts The respondent was appointed in Barora Area of M/s BCCL...

Policy Changes Before Appointment Can't Be Challenged As No Vested Right Exists Prior To Issuance Of Appointment Letter : Jharkhand HC

A Division bench of the Jharkhand High Court comprising of Justice Sujit Narayan Prasad and Justice Pradeep Kumar Srivastava held that a candidate cannot challenge a policy change made prior to the appointment as no vested or accrued right arises from an advertised pay scale unless an appointment letter is issued. Background Facts The Jharkhand Staff Selection Commission...

Jharkhand High Court Strikes Down State Amendment To Registration Act Allowing Govt To Quash Any Registration On Ground Of Public Policy

Referring to a 20-year old Supreme Court decision which struck down an amendment made by Rajasthan government to the Registration Act empowering the state to set aside any registration on the ground of public policy, the Jharkhand High Court struck down a similar provision introduced by erstwhile Bihar government. The high court was considering a plea challenging vires of the Section 22-A of...