Renewal Commission Of LIC Agent Is Hereditary: Jharkhand High Court Affirms Compensation Of ₹1.14 Crores To Widow

The Jharkhand High Court has recently ruled that the renewal commission earned by a deceased LIC agent is hereditary and payable to the widow irrespective of whether the death is natural, homicidal, or accidental.The court held that this commission cannot be deducted from the loss of dependency amount in compensation claims.Justice Subhash Chand, presiding over the case, observed, “The...

Prior Notice U/S 80 CPC Mandatory For Amendment Seeking Fresh Cause Of Action And Relief: Jharkhand High Court

The Jharkhand High Court in a recent judgement has held that an amendment to a plaint introducing a new cause of action and seeking new relief against the State is not maintainable without prior notice under Section 80 of the Code of Civil Procedure (CPC).Justice Subhash Chand, presiding over the case, observed, “This proposed amendment is in regard to the new cause of action and the new...

Jharkhand HC Issues Contempt Notices To Two Senior Officials Of State Education Department For Violating Court Orders, Withholds Salaries

The Jharkhand High Court has directed the withholding of salaries of the Secretary of the School Education and Literacy Department and the Director of Secondary Education for failing to comply with prior court directives and attempting to circumvent its orders.Highlighting the repeated misconduct, Justice Sanjay Prasad, presiding over the case, remarked, “This Court fails to understand...

Disputes Regarding Title, Possession Not Subject Matter Of Writ Jurisdiction: Jharkhand HC Dismisses Plea Against Housing Board's Interference

The Jharkhand High Court recently dismissed a writ petition seeking relief against alleged interference with the petitioner's possession and ownership of property, while ruling that disputes involving questions of "right, title, interest and possession" require evidence and cannot be adjudicated under writ jurisdiction.Justice Anubha Rawat Choudhary, presiding over the case, stated, “This...

Sensitive Counselling Of Children Needed To Address Impact Of Offences: Justice SN Pathak Of Jharkhand High Court

Jharkhand High Court's Juvenile Justice-cum-POCSO Committee in collaboration with an NGO SAMARPAN had organized a two-day program titled “हर बच्चा अनमोल रत्न” (Har Bachcha Anamol Ratn) at the Observation Home, Dumardaga, Ranchi, on November 29 and 30. The event aimed to celebrate talents and achievements of children while fostering their inclusive...

Admissions Made In Pleadings Are Binding U/S 21 Evidence Act, Cannot Be Retracted At Appellate Stage: Jharkhand High Court

The Jharkhand High Court has held that admissions made in pleadings are binding under Section 21 of the Indian Evidence Act, 1872, and cannot be retracted at the appellate stage.Justice Subhash Chand, presiding over the case, observed, “So far as the second plea raised by the Appellant assailing the impugned Award on the ground that the claimant injured had sustained no injury by causing...

Jharkhand Building Control Act | Family Member Residing With And Dependent On Deceased Tenant Qualifies As Legal Heir: High Court

The Jharkhand High Court has held that a family member who resided with and was dependent on a deceased tenant qualifies as a legal heir under the proviso to Section 5 of the Jharkhand Building (Lease, Rent, and Eviction Control) Act, 2011. The court thus set aside orders by the trial and appellate courts that had rejected the substitution application of a nephew of the deceased...

Jharkhand High Court Asks State Govt By When Rs 9 Crore Grant Will Be Released For Insurance Benefits Of Lawyers

The Jharkhand High Court has recently directed the state government to file an affidavit indicating as to when the approved grant of Rs 9 crore would be released to the Jharkhand Advocate Welfare Fund Trustee Committee. The court passed the order while hearing a plea for providing protection to lawyers in the State, including health benefits such as a insurance, and other benefits which...

Civil Judge (Senior Division) Has Unlimited Pecuniary Jurisdiction, Can Decide Suits Valued Below ₹5 Lakh: Jharkhand High Court

The Jharkhand High Court has clarified that the Civil Judge (Senior Division) has unlimited pecuniary jurisdiction and can adjudicate suits valued below or upto Rs. 5 lakh, even if such valuation would fall under the pecuniary jurisdiction of the court of Munsif. The Court ruled that the exercise of jurisdiction in such cases does not constitute an illegality.Justice Subhash Chand observed...

No Amendment Of Plaint After Conclusion Of Evidence If It Alters Nature Of Suit Or Prejudices Accrued Rights Of Defendants: Jharkhand HC

The Jharkhand High Court has reiterated that amendments in pleadings that alter the fundamental nature of a suit or prejudice accrued rights of the opposing party cannot be permitted.The Court observed that a proposed amendment sought after the conclusion of evidence, which changes the very nature of the plaint and the source of title claimed by the plaintiff, is impermissible and prejudicial...

Power Under Article 227 Of Constitution To Be Used Sparingly, Cannot Be Used For 'Correcting Mere Errors': Jharkhand High Court Reiterates

While hearing a plea seeking exercising of power under Article 227 of Constitution and for passing interim orders till fresh orders are passed by the concerned court, the Jharkhand High Court reiterated that power under the provision is to be used sparingly and cannot be used to correct "mere errors". In doing so the court further observed that if the power is used in this manner, then it...

'Apprehension' Of Criminal Force Caused By Accused's Gestures Sufficient To Constitute Assault: Jharkhand HC Upholds Conviction U/S 353 IPC

The Jharkhand High Court has ruled that the actual use of criminal force is not a condition precedent to attract the offence of assault defined under Section 351 of the IPC, which is punishable under Section 353 applicable. The Court held that the mere apprehension in the victim's mind about the potential use of criminal force, created by the accused's gestures, is sufficient to constitute...