Father Taking Away His Own Minor Child From Mother's Custody Doesn't Constitute Kidnapping: Jharkhand High Court

The Jharkhand High Court has held that a father, being the natural guardian of his minor child, cannot be prosecuted for kidnapping under Section 363 of the Indian Penal Code merely for taking away his own son from the custody of his wife. The Court observed that the essential ingredients of the offence are not satisfied where the accused himself is the child's natural guardian.A Single...

Unfounded Allegations On Wife's Chastity, Denial Of Child's Paternity Amount To Matrimonial Cruelty: Jharkhand High Court

The Jharkhand High Court has held that unfounded allegations questioning a wife's chastity and denying paternity of her child amount to a grave assault on her character, honour and reputation and constitute matrimonial cruelty.A Division Bench of Justice Sujit Narayan Prasad and Justice Sanjay Prasad dismissed a husband's appeal against the Family Court's refusal to dissolve the marriage on...

Interest Under Employee's Compensation Act Payable From Date Of Accident; Widow Entitled To Penalty For Delay: Jharkhand High Court

The Jharkhand High Court has held that interest on compensation under the Employees' Compensation Act is payable from the date of the accident and that where the employer fails to pay compensation within the statutory period without justification, penalty under Section 4A of the Act must also be awarded. Modifying an award passed by the Labour Court, the Court directed payment of interest...

Santal Mission Of Northern Churches Dispute | Jharkhand High Court Holds Declaration Against 1968 Transfer Barred By Limitation, Non-Joinder

The Jharkhand High Court has dismissed two Letters Patent Appeals arising from disputes over the properties of the Santal Mission of Northern Churches, holding that although a suit instituted under Section 92 of the Code of Civil Procedure was maintainable, no case was made out to declare a 1968 Instrument of Transfer illegal, inoperative or non-binding.A Division Bench of Chief Justice...

Unused Acquired Land Need Not Be Returned To Original Owners; Can Be Used For Another Public Purpose: Jharkhand High Court

The Jharkhand High Court has refused to interfere with the acquisition of over 200 acres of land for a coal washery in the 1960s, holding that once land has been validly acquired for a public purpose and compensation has been paid, the mere fact that a portion of the land remains unused does not entitle the original landowners to reclaim it. The Court reiterated that where the original...

Passing Departmental Examinations & Service Confirmation Are Not Prerequisites For Grant Of ACP/MACP Benefits : Jharkhand HC

A Division Bench of the Jharkhand High Court comprising Chief Justice M.S. Sonak and Justice Rajesh Shankar held that passing departmental examinations and service confirmation are not prerequisites for grant of ACP/MACP benefits, which are designed to provide monetary relief against stagnation. Background Facts The employee was appointed on the post of Junior Accounts Clerk by...

Release Of Bank Guarantee Is Admission Of Unblemished Completion Of Work: Jharkhand High Court Directs Payment Of Contractor's Dues

The Jharkhand High Court has held that release of a performance bank guarantee by the employer amounts to an admission by conduct that the contractor has completed the work and all post-execution obligations to the employer's satisfaction. Holding that the respondents could no longer dispute the quality or completion of the work after releasing the bank guarantee, the Court directed the...

Long-Running Jamabandi Can't Be Cancelled By Revenue Authorities; Remedy Lies Before Civil Court: Jharkhand High Court

The Jharkhand High Court has held that a long-running jamabandi cannot be cancelled by revenue authorities in the absence of statutory power and can only be set aside by a competent civil court. The Court observed that once a jamabandi is running in favour of a raiyat, revenue authorities are duty-bound to accept rent and issue rent receipts unless it is cancelled by a court of...

Holding 10-Year-Old Girl's Hand To Propose Marriage Does Not Outrage Modesty, No 'Bad Intention': Jharkhand High Court

The Jharkhand High Court has held that merely holding the hand of a 10-year-old girl while proposing marriage, without any sexual or improper intention, does not amount to outraging modesty under Section 354 of the Indian Penal Code.A Single Judge Bench of Justice Rajesh Kumar allowed a criminal appeal and acquitted a man convicted under Section 354 IPC, holding that the essential ingredients...

'Affront To Judiciary': Jharkhand High Court Upholds Conviction In Dhanbad Judge Uttam Anand Murder Case

The Jharkhand High Court has upheld the conviction of two men for the murder of Dhanbad Additional District and Sessions Judge Uttam Anand, observing that the enormity of the act and the audacious manner of its execution constituted an “affront to the judiciary” and raised serious concerns over the safety of judicial officers. A Division Bench of Justice Rongon Mukhopadhyay and...

Jharkhand High Court Directs State To Complete Jonha Waterfall Approach Road Within 6 Months, Cites Letter By Villagers Flagging Issues

The Jharkhand High Court has directed the State Government to complete the strengthening, widening and metal paving of the approach road to Jonha Waterfall within six months, while hearing a suo motu public interest litigation initiated on the basis of a letter sent by a villager highlighting the miserable condition of the road.A Division Bench comprising Chief Justice M.S. Sonak and...

Mere Marriage To Extremist, Presence At Encounter Site With Child Can't Sustain Conviction: Jharkhand High Court Acquits Woman

The Jharkhand High Court has acquitted a woman convicted under various provisions of the IPC, Arms Act and Criminal Law Amendment Act in connection with an encounter involving alleged extremists, holding that mere marriage to an extremist and presence at the place of occurrence with her 1½-year-old child were insufficient to sustain her conviction in the absence of evidence showing any overt...