Jharkhand High Court
Appointment Of Second Commissioner Without Assigning Reasons Violates Order 26 Rule 10(3) CPC: Jharkhand High Court
The Jharkhand High Court in a recent ruling has emphasized that appointing a second Pleader Commissioner without assigning reasons for ignoring the report of the first Commissioner violates the provisions of Order 26, Rule 10(3) of the Civil Procedure Code (CPC) and is to be condemned.Justice Sanjay Kumar Dwivedi, presiding over the case, criticized the lower court's decision, stating,...
Jharkhand High Court Quashes Prevention Detention Based On Station Diary Entries, Questions State For Not Lodging FIR If Crime Was Made Out
The Jharkhand High Court quashed a preventive detention order issued under Jharkhand Control of Crimes Act against a man by the District Magistrate-cum-Deputy Commissioner, East Singhbhum based on certain station diary entries, while questioning the State as to what prevented it to first lodge an FIR. The court pointed out that Station Diary Entries or Sanhas cannot be a ground for keeping...
Average Income Of Previous Years No Basis For Compensation: Jharkhand HC Upholds Reliance On Deceased's Last Earned Salary In Accident Case
The Jharkhand High Court, in its judgment delivered in a Miscellaneous Appeal, held that the average income of previous financial years cannot be the basis for computing compensation in motor accident claims. Justice Subhash Chand observed, “The deceased was a Professor in Baldeo Sahu Degree College, Lohardaga, and was Head of Department of Philosophy. He was getting the salary along with...
Jharkhand High Court Annual Digest 2024- Part I
Nominal Index [Citations: 2024 LiveLaw (Jha) 1- 100]Rahul Yadav @ Hari Kumar Yadav, vs. The State of Jharkhand & Anr 2024 LiveLaw (Jha) 1Gautam Kumar Banarjee vs. Dr. C.P. Vidyarthi & Anr 2024 LiveLaw (Jha) 2Steel Authority of India Ltd vs. The State of Jharkhand and others 2024 LiveLaw (Jha) 3CTET Utteern Abhiyarthi Sangh vs. State of Jharkhand 2024 LiveLaw (Jha) 4Branch Manager,...
Jharkhand High Court Weekly Round-Up: December 23 - December 29, 2024
Nominal Index [Citations: 2024 LiveLaw (Jha) 195 – 201]Irshad and Anr v. State of Jharkhand & Ors. 2024 LiveLaw (Jha) 195Mithilesh Chauhan V. The State of Jharkhand and Sunil Chaubey v/s The State of Jharkhand 2024 LiveLaw (Jha) 196M/s City Alloys Private Limited & Ors vs M/s Hari Om & Co. 2024 LiveLaw (Jha) 197Parvez Akhtar and Ors vs Tabish Ansari and Ors 2024 LiveLaw (Jha)...
Burden Of Proof On Vehicle Owner To Establish Driver's Valid License: Jharkhand High Court Sets Aside ₹6.63 Lakh Compensation Award
The Jharkhand High Court has clarified the burden of proof regarding liability in motor vehicle accident claims, observing that the owner of the offending vehicle must prove that the vehicle was being driven with a valid and effective driving license.Justice Subhash Chand, presided over the case and noted, “The very burden of proof lies upon the owner of the offending vehicle even if the...
Survey Commissioner Cannot Be Appointed To Collect Evidence: Jharkhand High Court
The Jharkhand High Court, in a recent judgment while setting aside a trial court order appointing a survey commissioner, ruled that the order failed to establish the necessity for local investigation under Order XXVI Rule 9 of the Code of Civil Procedure (CPC) and lacked sufficient reasoning.The High Court cited the Apex Court's precedent in Saraswathy vs. Viswanathan [2002 (2) CTC 199],...
Private Party Can't Seek Punishment For Contempt Of Court Without Prior Written Consent Of Advocate General: Jharkhand High Court Reaffirms
The Jharkhand High Court dismissed a contempt petition filed by an advocate, observing that it was not maintainable under the Contempt of Courts Act as the petitioner lacked locus and failed to fulfil mandatory requirements for initiating such proceedings.Justice Sanjay Kumar Dwivedi, in its decision, observed, “It is well settled if a private party seeks punishment for contempt of Court,...
Principle Of Res Judicata Bars Second Amendment Application Seeking Identical Reliefs: Jharkhand High Court
The Jharkhand High Court in a recent judgement has reiterated that an order passed at one stage of a proceeding bars the reconsideration of the same issue at a later stage.The Court placed reliance on the Apex Court's ruling in the case of Satyadhyan Ghosal v. Smt. Deorjin Debi (AIR 1960 SC 941), emphasising that a decision rendered earlier in a case precludes the reconsideration of the...
Can't Curtail Or Play With A Citizen's Liberty By Detaining Him On Pretext Of Holding Fair Polls: Jharkhand High Court
Last week, the Jharkhand High Court observed that a person can't be detained on the grounds that the same is necessary for the proper conduction of Assembly Elections. “If this becomes a ground, then the same will amount to giving unbridled, uncanalised sweeping power to the administration to detain any person under the Act during the time of election, it will be nothing, but playing...
Amendment To Affidavit For Incorporating Statement Of Truth Impermissible: Jharkhand High Court
The Jharkhand High Court has reiterated that an amendment to the affidavit in a commercial suit pleading, seeking to incorporate a statement of truth, is impermissible under the provisions of the Commercial Courts Act, 2015.The Court emphasised that the statement of truth must be filed in the prescribed format under Rule 15A of the Act, and cannot be amended by altering the affidavit annexed...
Jharkhand High Court Rejects Intervenor's Plea To Join Property Dispute, Reiterates Agreement To Sell Confers Only Preferential Right, Not Ownership Title
In a recent ruling, the Jharkhand High Court has reiterated that an agreement to sell does not confer any titles or ownership rights in a property, rather, it only confers preferential rights to the person in the favor of whom the agreement is executed.Justice Subhash Chand, presiding over the case, emphasized, “it is the settled law that agreement to sell does not confer any title, it...