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...

Can't Perpetuate "Pernicious Practice" Of Indefinite Irregular Appointment: Jharkhand HC Orders Regularization Of Clerk After 10 Yrs

The Jharkhand High Court in a recent judgement, has directed the State to regularise the services of an appellant who had been engaged as a Computer Operator on a daily-wage basis since 2008 and later on a contractual basis.A Division Bench comprising Chief Justice M.S. Ramachandra Rao and Justice Deepak Roshan observed, “We are of the opinion that utilizing the services of the appellant...

Cognizance Of Cheque Dishonour U/S 138 NI Act Can Be Taken Only Upon A Written Complaint: Jharkhand High Court Reiterates

While hearing a cheque bouncing case, the Jharkhand High Court has reaffirmed that cognizance of offences under Section 142 of the Negotiable Instruments (NI) Act does not require a report to the police nor empowers the court to direct the police to investigate the complaint. The court further clarified that under Section 142(1)(a) of the NI Act the cognizance of an offence punishable...

Jharkhand High Court Awards Compensation Under 'Future Prospects' Head For Death Of 33-Year-Old Homemaker In Motor Accident

While enhancing the compensation awarded to the family of a 33-year-old woman who died on the spot in a road accident, the Jharkhand High Court observed that future prospects must be factored into the assessment of her contribution to the household.Modifying the compensation awarded by the Motor Vehicles Accident Claims Tribunal from Rs. 3,84,000 to Rs. 5,69,600, the court observed that it...

MACT Erred In Categorizing Skilled Mason As Semi-Skilled Worker Under Jharkhand Minimum Wage Notification: High Court Enhances Award

The Jharkhand High Court has rectified an error in the computation of compensation awarded by the Motor Accident Claims Tribunal (MACT), Bokaro by assessing the income of the deceased, a mason, as that of a semi-skilled worker, contrary to the classification in the Jharkhand Minimum Wage Notification.Justice Subhash Chand, presiding over the case, observed, “the learned Tribunal has held...

[Motor Accident] Adverse Inference Can Be Drawn Against Insurer On Failure To Rebut Evidence: Jharkhand HC Upholds ₹11.45 Lakh Compensation

The Jharkhand High Court has upheld the award of ₹11,45,932 granted by the Motor Accident Claims Tribunal (MACT), Dhanbad, to the widow of a carpenter who succumbed to injuries sustained in a fatal motorcycle accident.The court emphasised that failure of the insurance company to summon key witnesses or rebut the evidence presented by the claimants resulted in an adverse inference being...

[S.138 NI Act] Not Making Company Separate Accused In Cheque Bouncing Complaint Isn't Fatal To Prosecution Case: Jharkhand HC

The Jharkhand High Court dismissed a petition filed by the Director of a company seeking to quash criminal proceedings for cheque bouncing under Section 138 of the Negotiable Instruments Act and said that not making the company a separate accused in the complaint would not be fatal for the prosecution. The Court noted that while the company that issued the cheque was not named as an accused,...