Jharkhand High Court Quashes ₹30 Lakh Bond Against Doctor Admitted To Unrecognised PG Course, Awards ₹7 Lakh Compensation

The Jharkhand High Court has held that a medical college cannot enforce a bond against a student who was admitted to a postgraduate course that was not recognised by the Medical Council of India (MCI), observing that where the admission itself is founded on deception, the consequential bond has no legal consequence.A Single Judge Bench of Justice Ananda Sen made the observation while...

'Trees Are The Lungs': Jharkhand High Court Stays Bypass Road Construction Requiring Felling Of 13,681 Full-Grown Trees

The Jharkhand High Court has stayed construction of a bypass road connecting Chatra town with NH-99 (New NH-22) and NH-100 (New NH-522) after noting that 13,681 full-grown trees identified for the project would have to be felled. The Court observed that “these huge chunk of trees are not merely a canopy, but are the lungs, which cannot be allowed to be destroyed by cutting them...

Entering Woman's House At Night, Lifting Her Clothes Not Sufficient To Constitute Attempt To Rape: Jharkhand High Court

The Jharkhand High Court has held that the act of entering the prosecutrix's house at night, lifting her clothes and catching hold of her, without any specific overt act sufficiently proximate to the commission of rape, would not constitute an attempt to commit rape under Section 376/511 of the Indian Penal Code. A Single Judge Bench of Justice Pradeep Kumar Srivastava was hearing a...

Jharkhand High Court Upholds Appointment Of Receiver To Monitor Joint Hotel Business; Says Direction Ensured Preservation Of Records

The Jharkhand High Court has upheld the appointment of a receiver for a jointly claimed hotel business, observing that the trial court had not restrained the appellant from running the business or maintaining the premises. The Court held that the order only sought a report regarding the business, including its physical condition, mode of operation, account books, GST records, licences,...

'Dignified Renunciation Of Office Expected, Not Chase For Lost Briefs': Jharkhand High Court Dismisses Govt Pleader's Plea Against Termination

The Jharkhand High Court has observed that when the government ends the engagement of a government pleader, the appropriate response is a “dignified renunciation of office” rather than pursuing “lost briefs” through writ proceedings.A Single Judge Bench of Justice Deepak Roshan made the observation while dismissing a petition filed by a public prosecutor challenging the termination of...

Oral Partition Can Be Proved Through Oral Evidence, Long Separate Possession: Jharkhand High Court

The Jharkhand High Court has held that oral partition can be accepted on the basis of oral evidence where parties have been separately possessing and enjoying their respective shares for several decades. The Court observed that although there was no written partition, the witnesses had proved that the properties had already been partitioned and the parties were separately enjoying...

7-Year Consensual Relationship Cannot Be Treated As Rape Over Subsequent Refusal To Marry: Jharkhand High Court

The Jharkhand High Court has held that where a physical relationship between two adults continued for over seven years, and there was no specific allegation that the man had no intention to marry the woman when he made the promise, the allegations at best disclosed a consensual physical relationship and did not constitute rape on a false promise of marriage.A Single Judge Bench of Justice...

Registered Sale Deed Cannot Validate Transfer Of Adivasi Land In Violation Of Chhotanagpur Tenancy Act: Jharkhand High Court

The Jharkhand High Court has held that a registered deed executed in violation of Section 46(1) of the Chhotanagpur Tenancy Act, 1908 cannot be recognised as a valid transaction, observing that even a registered deed cannot validate a transaction prohibited by the statute.A Single Judge Bench of Justice Sanjay Kumar Dwivedi was hearing a writ petition challenging the order dated May 10,...

Fees Paid To Medical College Cannot Be Treated As 'Entrustment' Under Section 406 IPC: Jharkhand High Court

The Jharkhand High Court has held that payment of fees by a student or his parents to a medical college is a standard financial or contractual transaction and cannot be treated as “entrustment” of property for attracting the offence of criminal breach of trust under Section 406 of the Indian Penal Code.A Single Judge Bench of Justice Anil Kumar Choudhary made the observation while...

Jharkhand High Court Quashes Cheating Case Against Flipkart, E-Kart Employees Over Missing Shipments

The Jharkhand High Court has quashed criminal proceedings against an E-Kart Logistics official and a member of the Flipkart security team, observing that allegations of non-return of shipments could not constitute offences of criminal breach of trust or cheating against the individual employees when the alleged entrustment of property was to Flipkart, a company.A Single Judge Bench of...

Jharkhand High Court Transfers Probe Into Disappearance Of Minor Girl Missing Since 2020 To CBI; Cites Cross-State Digital Trails

The Jharkhand High Court has transferred to the Central Bureau of Investigation (CBI) the investigation into the disappearance of a minor girl who has remained untraced since October 2020, observing that the case involves grave complexity, cross-jurisdictional dimensions and digital trails extending across multiple States.A Division Bench of Justice Sujit Narayan Prasad and Justice Sanjay...

Jharkhand High Court Reduces Sentence In ₹300 Bribe Case From 1993, Says Accused Has Suffered 'Agony Of Trial' For Three Decades

The Jharkhand High Court has reduced the sentence imposed on a man in a 1993 corruption case involving a demand of ₹300 for processing the provident fund dues of the complainant, taking note of the fact that he had faced the “agony of the trial” for three decades.A Single Judge Bench of Pradeep Kumar Srivastava, while considering the quantum of sentence under Section 7 of the...