Jharkhand High Court
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...
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...