State Says No Infiltration Of Bangladeshis But Silent On Reason For Reduction Of Tribal Population In Some Areas: Jharkhand High Court

The Jharkhand High Court on Thursday expressed dismay at the State authorities' silence in their affidavits over the declining tribal population in the Santhal Pargana region. The remarks were made in the court's order passed while hearing a Public Interest Litigation (PIL) plea highlighting alleged illegal immigration from Bangladesh in the region.A division bench of Acting Chief Justice...

Jharkhand High Court Quashes Criminal Proceedings For Delayed Tax Payment In Absence Of Any Penalty Proceedings

The Jharkhand High Court has quashed the criminal proceedings against a man accused of tax evasion under the Income Tax Act, 1961. The case involved allegations that the petitioner, a tractor dealer, failed to pay the tax liability associated with his income tax returns for the assessment year 2011-12, despite declaring the amount in his filing.The court's decision to quash the proceedings...

"No Direct Allegations Of Stone Pelting, Breaking Barricades": Jharkhand HC Quashes Proceedings Against BJP Leaders For 2023 Protests Against State Govt

The Jharkhand High Court has recently issued a ruling that quashes the criminal cases filed against 28 BJP leaders, including MP Nishikant Dubey, in connection with a protest organized against the Jharkhand government in April 2023. Justice Sanjay Kumar Dwidevi, who presided over the case, observed, “When there is a protest against police action or inaction, the possibility of violation...

Jharkhand High Court Quashes MP Nishikant Dubey's FIR Accusing Former Deoghar Deputy Commissioner Of "Sedition", Violating Offical Secrets Act

The Jharkhand High Court last week quashed an FIR against Manjunath Bhajantri, the former Deoghar deputy commissioner, which was filed by Godda MP Nishikant Dubey. The FIR, originally registered as a zero FIR in Delhi on August 31, 2022, accused Bhajantri of sedition and breaches of the Official Secrets Act, and was later transferred to the Kunda police station in Deoghar. The charges...

Jharkhand High Court Orders State To Ensure Immediate Water Supply For Pakur District Residents, Criticizes Failure To Provide Safe Drinking Water

The Jharkhand High Court during a recent hearing, criticised the state government for not being able to provide safe drinking water to the residents of Pakur district of the State.The court directed the State to make arrangements for an alternative method for water supply in the affected regions.The above development occurred during the hearing of a Public Interest Litigation (PIL) filed by...

Children With Disabilities Should Not Be Treated With Embarrassment Or Stigma: Jharkhand High Court Acting CJ Sujit Narayan Prasad

Jharkhand High Court's Acting Chief Justice Sujit Narayan Prasad on Saturday called for a shift in societal perceptions, urging that children with disabilities should not be treated with any sense of embarrassment or as being differently-abled. He stressed upon the importance of providing them with opportunities and protecting their rights, ensuring their full participation in society without...

Promotion Not Employee's Inherent Right, But Right To Be Considered For Promotion Accrues When Juniors Are Considered: Jharkhand High Court

The Jharkhand High Court has ruled that while promotion is not an employee's inherent right, the right to be considered for promotion arises when juniors are considered.The writ petition was filed by the Petitioner seeking a direction for the Respondent-State to review his case for promotion to the position of Assistant Engineer. The Petitioner argued that despite being eligible for...

[Article 226] Writ Courts Cannot Assess Quantum Of Damages Or Compensation, Requires Adjudication By Appropriate Forum: Jharkhand HC

The Jharkhand High Court has held that a writ court operating under Article 226 of the Constitution of India cannot assess the quantum of damage or compensation, as such an assessment requires adjudication through evidence, which is the jurisdiction of another appropriate forum.The division bench comprising Acting Chief Justice Sujit Narayan Prasad and Justice Arun Kumar Rai observed,...

Jharkhand High Court Directs State Govt To Identify "Illegal Immigrants" In Six Districts Allegedly Coming From Bangladesh

While hearing a PIL highlighting alleged illegal immigration from Bangladesh in the Santhal Pargana region, the Jharkhand High Court directed the state government to utilize its "Special Branch" for identifying "infiltrators/illegal immigrants" in the area in question. The direction was passed in a public interest litigation (PIL) petition moved by one Danyaal Danish claiming that in...

Illegally Terminated Employee Entitled To Benefits As If Termination Never Occurred: Jharkhand High Court

A single judge bench of the Jharkhand High Court, comprising Justice S.N. Pathak, while deciding a petition, held that an employee who has been illegally terminated should not be denied the benefits they would have received had the termination not occurred. Background Facts The Petitioner was appointed as a Clerk in J.K.R.R High School, Chirkunda, Dhanbad, (Employer) in...

Registering Authority Cannot Examine Subject Matter Of Sale Deed If It Does Not Have Any Defects: Jharkhand High Court

The Jharkhand High Court has recently reiterated that in cases of registration of sale deeds, the registering authority cannot examine the nature of right, title, character of the deed's subject matter, if it is properly executed and does not have any legal or formal defects. Relying on a 2012 ruling of a coordinate bench in Dinesh Singh vs. The State of Jharkhand & Others, a single...

Appeals Filed Without Delay Condonation Applications Cannot Be Rectified Later: Jharkhand High Court

The Jharkhand High Court has ruled that if an appeal memo does not contain an application for the condonation of delay at the time of its filing, subsequent filing of such an application cannot cure the defect.The appeal, filed in 2020, sought to quash the order passed by the Judicial Member and Accountant Member of the Income Tax Appellate Tribunal (ITAT), Ranchi Bench, for different...