Jharkhand High Court
Jharkhand High Court Dismisses Dept's Appeals For Not Filing Delay Condonation Application Along With Appeal Memo
The Jharkhand High Court, while dismissing the appeal filed by the department, held that a delayed condonation application not filed with an appeal memo and subsequent filing cannot cure defects.The bench of Chief Justice B.R. Sarangi and Justice Sujit Narayan Prasad has observed that time and again if the appeal memo does not contain an application of delay condonation and was not filed at...
Mere Pendency Of Title Suit No Grounds For Discharge From Offense Of Theft Without Establishing Possession, Malicious Intent Of Complainant: Jharkhand HC
The Jharkhand High Court has ruled that the mere pendency of a title suit does not justify discharging an individual from a theft offense unless a competent court has ruled that the accused was in possession and that the case was lodged maliciously by the informant.Justice Gautam Kumar Chaoudhary observed, “Having considered the submissions, this Court is of the view that mere pendency of...
Approaching HC Under Article 226 To Report Cognizable Offence Is Not Appropriate Remedy, Petitioner Must First Register FIR Or File Complaint: Jharkhand HC
The Jharkhand High Court has held that if a cognizable offence has been committed and the petitioner feels that a First Information Report (FIR) needs to be registered, he can be the informant and get an FIR registered at the police station or file a complaint before a competent court. The Court emphasized that there are ample provisions in the Code of Criminal Procedure to address...
To Attract Applicability Of Section 324 IPC, Voluntary Hurt Must Be Caused By 'Dangerous' Instrument Which Can Cause Death: Jharkhand High Court
The Jharkhand High Court has ruled that to attract Section 324 of the Indian Penal Code (IPC), voluntary hurt must be caused by instruments of shooting, stabbing, or cutting. The court noted that the use of such instruments can definitely cause death.Justices Ananda Sen and Subhash Chand observed, “Section 324 of the Indian Penal Code provides for punishment for voluntarily causing hurt...
When Eyewitness Testimony Is Credible, Proving Motive Behind Offense Is Not Necessary: Jharkhand High Court
The Jharkhand High Court has held that when there is an eyewitness who has seen the commission of murder and their evidence is credible, it is not necessary for the prosecution to prove the motive behind the offence.“When there is eye witness, who had seen the commission of murder and their evidence is credible, it is not necessary that the prosecution has to prove the motive behind...
Jharkhand High Court Weekly Roundup: July 15 - July 21, 2024
Nominal Index [Citations: 2023 LiveLaw (Jha) 112-116]Smt. Meena Kumari Sinha v. M/s Maruti Suzuki India Ltd. & Ors. 2024 LiveLaw (Jha) 112XXX vs The State Of Jharkhand 2024 LiveLaw (Jha) 113Budhuwa Oraon V. .Ghura Oraon 2024 LiveLaw (Jha) 114 Ravi Shankar Mishra vs Union of India through Ministry of Home Affairs And ors 2024 LiveLaw (Jha) 115Shankar Singh V. The State of Jharkhand...
Jharkhand Judicial Academy Hosts State-Level Conference On 'Judicial Ethics: Conduct Inside And Outside Of Court'
The Judicial Academy, Jharkhand successfully conducted a State Level Conference on “Judicial Ethics: Conduct Inside and Outside of Court” on 20th July, 2024 at Dr. A.P.J. Abdul Kalam Auditorium.Justice Abhay S. Oka, Judge, Supreme Court of India, attended as the chief guest, while Justice Sujit Narayan Prasad, Acting Chief Justice, High Court of Jharkhand-cum-Executive Chairman,...
Discretionary Power To Summon Witnesses U/S 311 Cr.P.C. Must Be Exercised Judiciously, With Strong Reasons And Caution: Jharkhand High Court
The Jharkhand High Court has affirmed the discretionary power of courts under Section 311 Cr.P.C., emphasising its role in uncovering the truth while underscoring the need for its judicious exercise.Justice Sanjay Kumar Dwivedi noted, “Section 311 Cr.P.C. is one of many such provisions which strengthens the arms of the Court in its efforts to unearth the truth by procedural sanction by law....
SARFAESI ACT | District Magistrate Not Adjudicating Authority, Must Assist Secured Creditors In Asset Possession: Jharkhand High Court
The Jharkhand High Court has ruled that it is the duty of the District Magistrate to assist secured creditors in taking possession of secured assets under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The court clarified that the District Magistrate is not the adjudicating authority under this Act.Justice Ananda Sen observed, “It...
'Subsistence Of Valid Marriage Is Prerequisite For Passing Maintenance Orders U/S 125 Cr.P.C': Jharkhand High Court
The Jharkhand High Court has ruled that a valid marriage is a prerequisite for issuing orders under Section 125 of the Code of Criminal Procedure (Cr.P.C.). The court set aside a maintenance order issued under Section 125, emphasising that the petitioner's second marriage lacked legal sanctity unless he was validly divorced from his first wife.Justice Gautam Kumar Choudhary, who presided over...
Justice Sujit Narayan Prasad To Serve As Acting Chief Justice Of Jharkhand High Court Following Retirement Of Justice BR Sarangi
Justice Sujit Narayan Prasad has been appointed as the acting Chief Justice of the Jharkhand High Court. This appointment comes as incumbent Chief Justice Bidyut Ranjan Sarangi demits office after a brief tenure lasting nearly a fortnight.Justice Sarangi was appointed as the Chief Justice on July 3 and will demit the office today. Justice Prasad will take charge as the acting CJ from...
Mere Delay In Execution Of Work Not Criminal Breach Of Trust, Particularly In Absence Of Agreement Stipulating Time Frame: Jharkhand High Court
The Jharkhand High Court has overturned the conviction of two individuals charged with criminal breach of trust, ruling that mere delay in the execution of work does not constitute criminal breach of trust, especially in the absence of an agreement specifying a time frame.Petitioner was entrusted with a sum for construction of school. As per complainant, the construction was...