Jharkhand High Court Weekly Round-Up: 30 September – 6 October, 2024

Nominal Index [Citations: 2023 LiveLaw (Jha) 152-157]Anand Kumar Dangi v. State of Jharkhand 2024 LiveLaw (Jha) 152Kavita Devi @ Kabbo Devi and Ors vs Union of India 2024 LiveLaw (Jha) 153The State of Jharkhand vs Pawan Kumar Singh 2024 LiveLaw (Jha) 154Budhu Nag Chatar V. The State of Jharkhand 2024 LiveLaw (Jha) 155M/s Pama Pharmaceuticals V. The Ranchi Municipal Corporation 2024 LiveLaw...

Jharkhand High Court Directs CBI To Investigate Allegations Of Police-Crime Nexus In Dhanbad Coal Mafia Case

The Jharkhand High Court has recently directed the Central Bureau of Investigation (CBI) to investigate allegations relating to a nexus between the coal mafia and police officials in the city of Dhanbad.The court, finding sufficient grounds, transferred the case to the CBI because of the local police's reluctance to register a First Information Report (FIR) despite the opportunities to do...

7 Yrs After Husband's Accidental Death By Falling From Running Train, Jharkhand High Court Grants ₹8 Lakh Compensation To Widow

The Jharkhand High Court has granted Rs 8 Lakh along with interest as compensation to the widow of a man who died in 2017 after accidentally falling from a running train, setting aside a decision by the Railway Claims Tribunal which had rejected her claim. In doing so the high court ruled that the deceased was a bona fide passenger, despite the absence of a ticket during the inquest...

Principles Of Natural Justice Not Mere Formality: Jharkhand High Court Quashes Blacklisting Order For Non-Compliance With Procedure

The Jharkhand High Court has ruled that the principles of natural justice cannot be treated as mere formalities. The Court emphasised that when an adverse decision is being made, the concerned authority must inform the affected party about the proposed action to be taken against them. Failure to follow this procedure would amount to non-compliance with the principles of natural...

O. 23 R.1A CPC | Defendants Cannot Be Transposed As Plaintiffs Without Substantial Question Of Law Or Abandonment Of Suit: Jharkhand High Court

The Jharkhand High Court has clarified the application of Order XXIII Rule 1A of the Code of Civil Procedure (CPC), reaffirming that defendants can only be transposed as plaintiffs in two specific situations: first, when the plaintiff has either withdrawn or abandoned the suit and second, when the defendant has a substantial question of law to be decided against another defendant.Justice...

Jharkhand HC Commutes Death Sentence Of Constable Who Opened Fire On Milk Supplier For Demanding Dues, Says S.27 Arms Act Not Attracted

The Jharkhand High Court has commuted the death sentence imposed on a Railway police constable who opened fire on the family of his neighbour-milk supplier, for demanding dues.While doing so, the Court held that since the Constable had used his service pistol, conviction under Section 27 of the Arms Act 1959 cannot stand.The Court clarified that Section 27 of the Act does not apply in all...

Confession Made By An Accused Before Panchayat Qualifies As Extra-Judicial Confession: Jharkhand High Court

The Jharkhand High Court has held that a confession made by an accused person before the Panchayat qualifies as an extra-judicial confession. The Court emphasised that an extra-judicial confession can serve as the basis for conviction if the person before whom the confession is made is impartial and not hostile toward the accused.A division bench comprising Justices Ananda Sen and Gautam...

'Contradictory Versions And Sketchy Evidence': Jharkhand HC Overturns Death Sentence Of Man Convicted For Murder Of Pregnant Wife, Infant

The Jharkhand High Court recently set aside the death sentence awarded to a man by the trial court which had convicted him for the murder of his pregnant wife and 15-month-old infant child, citing "sketchy evidence" and the fact that the prosecution was unable to prove the circumstances of the case. In doing so, the high court expressed its concern with the manner in which the alleged crime...

Objections Regarding Employee's Appointment Can't Be Raised Post-Retirement, If Not Raised During Service: Jharkhand High Court

A single judge bench of the Jharkhand High Court comprising of Justice Deepak Roshan, while deciding a writ petition, held that objections regarding an employee's appointment cannot be raised post-retirement if no such objections were made during the employee's service period.Background Facts The employee was appointed as a typist by the Governing Body of S.P. College, Dumka, on August 1,...

Considering Female Candidate For Employment Only In Absence Of Male Nominee Is Gender Discrimination: Jharkhand High Court

The Jharkhand High Court has reiterated that denial of employment to a female candidate only on the basis of gender is against the provisions of Articles 14 and 15 of the Constitution of India. The court noted that in exceptional cases, where there is no male nominee, the proposal for female employment was being considered by the Eastern Coalfields Limited and, as such, on the basis of...

Writ Petition Not Maintainable Against Labour Court Order Under Workmen's Compensation Act: Jharkhand High Court

The Jharkhand High Court has ruled that a writ petition filed against an order passed by the Labour Court under the Workmen's Compensation Act is not maintainable.The above ruling came in a writ petition which was filed challenging a 2017 judgement passed by the Presiding Officer, Labour Court, Deoghar in a Workmen Compensation case. The Labour Court had directed the petitioner, Sanjay Karpri,...

Justice M.S. Ramachandra Rao Sworn In As Chief Justice Of Jharkhand High Court

Justice M.S. Ramachandra Rao was sworn in as the Chief Justice of the Jharkhand High Court on Wednesday, September 25, 2024. The oath of office was administered by Governor Santosh Kumar Gangwar at the Raj Bhavan.The swearing-in ceremony was attended by Chief Minister Hemant Soren, his cabinet colleagues, several judges, and senior government officials.The President of India had previously...