Jharkhand High Court
Section 376 IPC | Minor's Consent Not Ground To Absolve Accused: Jharkhand High Court Reiterates
The Jharkhand High Court while affirming a judgment of conviction passed by the trial Court and sentence under Section 376 of the Indian Penal Code, has observed that despite the victim being a consenting party and engaging in a sexual relationship leading to her pregnancy over several months, the accused cannot be absolved of guilt solely based on her consent as she was a minor.Justice Gautam Kumar Choudhary observed, “Matter for consideration is whether consent of the victim negated the crime....
Fair Trial Can Be Ensured By Allowing Additional Documentary Evidence Even After Conclusion Of Evidence U/S 311 R/W S.91 CrPC: Jharkhand HC
In a recent ruling, the Jharkhand High Court while granting permission for the submission of additional documentary evidence in a case pertaining to the dishonour of a cheque ruled that while Section 311 of the Code of Criminal Procedure, 1973 (Cr.P.C.) does not explicitly address the addition of documentary evidence when read in conjunction with Section 91, additional documentary evidence can...
Jharkhand High Court Weekly Round-Up: March 11 - March 17, 2024
Nominal Index [Citations: 2023 LiveLaw (Jha) 38-43] National Insurance Company Ltd. Vs Ratan Devi 2024 LiveLaw (Jha) 38Mohidul Sk vs The State of Jharkhand 2024 LiveLaw (Jha) 39Jageshwar Ravidas and Anr vs The State of Jharkhand 2024 LiveLaw (Jha) 40Hosco Pvt. Ltd. vs Jharkhand Medical & Health Infrastructure Development & Procurement Corporation Ltd and Ors 2024 LiveLaw (Jha)...
[Spanish Tourist's Rape] Steps Taken Towards Establishing Safety For Tourists & Foreign Travelers, SOP Imminent: Advocate General Tells Jharkhand High Court
In the ongoing case concerning the sexual assault of a 45-year-old Spanish tourist near Dumka, Jharkhand, the state's Advocate General has informed the Court that steps are underway to establish a Standard Operating Procedure (SOP) aimed at ensuring the safety of tourists, particularly foreign travellers.The court had previously directed the state government to clarify whether SOPs had...
Jharkhand High Court Directs State to Submit Comprehensive Affidavit on Ayushman Scheme Implementation in State Hospitals
The Jharkhand High Court has issued a directive to the state government, demanding a detailed affidavit regarding the implementation of the Ayushman Scheme across hospitals in the state.The order follows a writ petition filed by one Ashok Kumar Mishra seeking the release of pending amounts under the Ayushman Scheme for all empanelled hospitals in Jharkhand, along with an inquiry into delays...
Question Of Liquidated Damages Would Arise Only When The Contract Is Terminated On Account Of Breach Of The Terms And Conditions Of The Contract: Jharkhand High Court
The Jharkhand High Court has ruled that the matter of liquidated damages comes into play specifically when a contract is terminated due to a breach of its terms and conditions, and moreover, if the termination of the contract itself is deemed unlawful, various consequences may ensue, such as the potential imposition of liquidated damages or the initiation of a certificate proceeding to...
Unregistered Instrument Of Settlement And Evidence Of Possession Can Be Considered As Sufficient Proof Of Settlement In The Matters Of The Agricultural Lease: Jharkhand High Court
The Jharkhand High Court has ruled that settlements, akin to leases, must adhere to the registration requirements outlined in Section 17 of the Registration Act. Nevertheless, in cases concerning agricultural lease or settlement, an unregistered settlement document, coupled with evidence of possession, has been deemed adequate to establish the existence of a settlement agreement.According to...
'Life-Saving Medical Device': Jharkhand HC Emphasizes Quality Over Price In Tender For Defibrillators, Says Pricing Can't Be Sole Criterion For Successful Bid
In a recent ruling, the Jharkhand High Court dismissed a writ petition filed by Hosco Pvt. Ltd. while firmly emphasizing that price alone cannot be the determining factor in awarding a contract. Furthermore, it was ruled that a tenderer lacking technical qualifications does not have standing to challenge the tender process.The Court also held that judgments made by expert committees must not...
[S.304 IPC] Nature Of Injury Shows Intention/ Knowledge Of Assailant To Cause Death, Difficult To Ascertain It Sans Postmortem Report: Jharkhand HC
The Jharkhand High Court, in partly allowing a criminal appeal related to a 27-year-old murder case, noted that the intention of an assailant can be discerned from the nature of the injury inflicted, and without sufficient evidence of such intention, it becomes challenging to establish that the assailant had the requisite intent to cause death.Justice Gautam Kumar Choudhary observed,...
Consent Not Coerced: Jharkhand High Court Overturns Rape Conviction After 12 Years
After a 12-year period, the Jharkhand High Court overturned a trial court's conviction order in a rape case, allowing an appeal filed by the accused.Court observed that in the instant case there had been an ongoing physical relationship between the appellant and the victim for approximately six months, and it was only after the victim became pregnant that the matter was brought to...
In Case Of Composite Negligence Injured Person Has Choice To Claim Whole Damage Against All Or Any Of The Wrongdoers: Jharkhand High Court
The Jharkhand High Court has ruled that in instances of composite negligence resulting in harm or death to an individual by two or more wrongdoers, whether they act jointly or independently, they bear joint and several liability. In such cases, the injured party retains the option to seek full compensation from any or all of the negligent parties involved, given the nature of...
Issuance Of Pre-SCN Consultation Is Mandatory Requirement For Issuing SCN Under Customs Act, 1962: Jharkhand High Court
The Jharkhand High Court has held that the issuance of pre-SCN consultation is mandated under proviso to Section 28(1)(a) of the Customs Act, 1962, before issuing the show cause notice.The bench of Justice Rongon Mukhopadhyay and Justice Deepak Roshan has observed that the mandatory pre-SCN consultation, as mandated under proviso to Section 28(1)(a) of the Customs Act, 1962, read with...