Remark On Amit Shah| 'He Is Not Ready For Hearing': Jharkhand High Court Vacates Its Order Granting Relief To Rahul Gandhi

The Jharkhand High Court last week vacated its order of May 2022 wherein it granted relief to Rahul Gandhi in connection with a criminal defamation complaint pending before the Chaibasa Court over his alleged remark made in March 2018 against the then BJP President Amit Shah.The bench of Justice Anil Kumar Choudhary passed this order as it observed that Gandhi is not ready for hearing in the petition moved by him challenging the criminal complaint moved before the Chaibasa Court by complainant...

'Murder Accused-Amit Shah' Remark| Jharkhand HC Reserves Verdict On Rahul Gandhi's Plea To Quash Defamation Case

The Jharkhand High Court today reserved its verdict on the plea moved by Disqualified MP Rahul Gandhi to quash the defamation filed against him by the magisterial court in Ranchi for allegedly maligning BJP and its then-president leader Amit Shah by calling him a Murder Accused in March 2018.The bench of Justice Ambuj Nath reserved its orders today after both sides concluded their arguments...

Defamation Case| 'Amit Shah No More An Accused, Rahul Gandhi's Statement Against Him Was False': Complainant Submits In Jharkhand HC

In a defamation case filed against Congress leader and disqualified MP Rahul Gandhi for allegedly maligning BJP and its then-president leader Amit Shah by calling him a Murder Accused, the Complainant last week filed a counter affidavit in the matter before the Jharkhand High Court.In his counter-affidavit, Complainant-Navin Jha has stated that Shah had already been discharged by the...

There Is No Exception To Section 202 CrPC; Mandatory Even When Govt Is Complainant: Jharkhand High Court

The Jharkhand High Court has held that a Magistrate is mandatorily required to postpone the issue of process before taking cognisance of a matter when the accused persons are situated in an area beyond its territorial jurisdiction, even when the government is the complainant.“It is worth considering that there is no exception to the section 202 Cr.P.C, and in that view of the matter, even...

'Murder Accused-BJP President' Remark| Jharkhand HC Grants Last Chance To Complainant To File Counter In Defamation Case Against Rahul Gandhi

In a defamation case filed against Congress leader and disqualified MP Rahul Gandhi for allegedly maligning BJP and its then-president leader Amit Shah, the Jharkhand High Court granted a last chance to the complainant to file his counter affidavit in the matter. The case against Gandhi filed by BJP Leader Navin Jha pertains to a statement made by Gandhi in 2018 wherein he allegedly...

Jharkhand High Court Issues Notice On PIL Seeking Insurance Coverage For Advocates

The Jharkhand High Court has issued notice in a PIL seeking directions for life and medical insurance coverage to advocates practicing in Jharkhand. The petition by Bidesh Kumar Dan, an advocate practicing in Civil Court, Dhanbad also, seeks a direction for expansion of the coverage of Ayushman Bharat Health Insurance Scheme to include Advocates and their dependent family...

S.427 CrPC | Sentences Imposed On Habitual Offender In Separate Trials Can't Run Concurrently Without Considering Gravity: Jharkhand High Court

While disposing of a revision petition, a division bench of the Jharkhand High Court has recently held that sentences in separate trials involving different offences and victims cannot run concurrently without considering the gravity of those offences and their impact on the society.The division bench comprising Justices Ajay Kumar Gupta and Joymalya Bagchi observed,“Sentences awarded in these trials cannot be directed to run concurrently under section 427(1) Cr.P.C. without considering the...

No Vicarious Liability Of Company Managers When Their Role Not Disclosed In Complaint Petition: Jharkhand High Court

The Jharkhand High Court has recently held that vicarious liability cannot be imposed against an accused-Manager of the company when his role has not been mentioned in the complaint petition, and it has not been disclosed during the solemn affirmation or by the enquiry witnesses.A bench comprising Justice Sanjay Kumar Dwivedi made the observation while allowing a criminal writ petition praying for quashing of the entire criminal proceeding including the order taking cognizance passed by the...

Deliberate Departure From Terms Of Contract May Tantamount To A Malafide Action By Arbitrator: Jharkhand High Court

The Jharkhand High Court has reiterated that the arbitrator derives authority from the contract and thus, the award passed by him in manifest disregard to the terms of the contract would be arbitrary in nature. The bench of Justice Anubha Rawat Choudhary remarked that deliberate departure from the contract amounts not only to manifest disregard of its authority or misconduct on the part...

Resolution Professional Under IBC Will Come Within Meaning Of 'Public Servant' Under Prevention Of Corruption Act: Jharkhand High Court

A recent ruling of the Jharkhand High Court has made it clear that a Resolution Professional will be considered a public servant under both sections 2(c)(v) and (viii) of the Prevention of Corruption Act, 1988 (PC Act), because his office entails the performance of functions that are in the nature of public duty. A bench comprising Justice Gautam Kumar Choudhary passed the above ruling while rejecting the petition praying for quashing of the entire criminal proceeding instituted against...

Show Cause Notice Specifying Grounds For Proposed Action Is Mandatory Before Passing Blacklisting Order: Jharkhand High Court

The Jharkhand High Court has quashed the state prison department's decision to blacklist a trader from supplying any food material to the Divisional Jail, Lohardaga, for five years for being violative of natural justice. Sai Traders had allegedly failed to comply with an official order to supply food in the jail during the lockdown period in 2020.Justice Rajesh Shankar said the proposed punishment of blacklisting was not communicated to the petitioner and it was only called upon to explain as to...

Can't Allow Protest Petition When Finding Of Expert Committee In Medical Negligence Case Is In Favour Of Doctor: Jharkhand High Court

The Jharkhand High Court has held that proceeding further on a protest petition when the finding of the expert committee constituted in a medical negligence case is in favour of the doctor, amounts to abuse of process of law.The court passed the above order in a criminal miscellaneous petition that was filed to quash the entire criminal proceeding, including the order taking cognizance passed...