“Crime Against Country's Economic Health, Has Cascading Effect on Taxpayers”: Jharkhand HC Denies Bail In Rs 522 Cr PMLA Case

The Jharkhand High Court has refused to grant bail to Amit Gupta (applicant), who was accused of coordinating 135 shell companies allegedly to generate fake invoices, irregular Input Tax Credit (ITC), and fraudulent e-way bills, causing a purported loss of over Rs.522.91 crores to Government exchequer.As the applicant had miserably failed to satisfy the Court that reasonable grounds existed...

Husband Cannot Rely On Muslim Personal Law For Restoring Conjugal Rights After Marrying Under Special Marriage Act: Jharkhand HC

The Jharkhand High Court has held that once parties marry under the Special Marriage Act, 1954, the provisions governing restitution of conjugal rights under Section 22 apply in full, irrespective of the personal laws they otherwise follow. The Court rejected the husband's contention that, being a Muslim, he was entitled to marry up to four women and that his wife's departure from the...

Service Tax | Once Pre-Deposit Condition Is Fulfilled, Appeal Must Be Heard On Merits: Jharkhand High Court

The Jharkhand High Court held that once an appeal was dismissed for non-compliance with the mandatory pre-deposit of the Service Tax amount, the Appellate Authority does not become functus officio and was competent to decide the appeal on merits if the mandatory condition of pre-deposit of 7.5% of the Service Tax amount was subsequently complied with by the assessee. A Division...

Panchayati Raj Act Overrides Regional Development Authority Act In Rural Areas: Jharkhand High Court Sets Aside Demolition Orders

The Jharkhand High Court, in a significant judgment, held that since there is an irreconcilable conflict between the Jharkhand Panchayati Raj Act and the Jharkhand Regional Development Authority Act, the Panchayati Raj Act must prevail. The Court observed that the inconsistent provisions of the Regional Development Authority Act stand impliedly repealed to the extent they conflict with...

S.45 PMLA Turns Principle Of Bail Is Rule & Jail Is Exception 'On Its Head': Jharkhand HC Denies Bail In ₹750-Crore Fake GST Invoice Case

The Jharkhand High Court recently observed that Section 45 of the Prevention of Money Laundering Act (PMLA), with its twin conditions, “turns the principle of bail is the rule and jail is the exception on its head.”Justice Sujit Narayan Prasad made this observation while denying bail to an accused allegedly involved in the creation of fake companies for passing on ineligible input tax...

Non-Disclosure Of Pending Criminal Case While Filing PIL Shows Lack Of Good Faith, Later Acquittal Irrelevant: Jharkhand HC Imposes ₹2 Lakh Cost

The Jharkhand High Court has recently observed that not disclosing a pending criminal case while filing a PIL, even if the petitioner was later acquitted, shows lack of good faith. A Division Bench of the High Court comprising Chief Justice T.S. Chauhan and Justice Rajesh Shankar dismissed a Public Interest Litigation alleging irregularities and illegalities in the...

Appearance Of Workman Through Advocate Amounts To Deemed Consent For Employer's Legal Representation: Jharkhand High Court

In Alembic Pharmaceuticals Limited v. Jay Prakash Singh, a single-judge bench of the Jharkhand High Court comprising Justice Deepak Roshan held that 'consent' under Section 36(4) of the Industrial Disputes Act (IDA) need not be explicit and that implicit consent of the other parties is sufficient.In this case, the Labour Court had ruled in favour of the respondent-workman and debarred...

DACP Benefits Can't Be Restricted Only To Litigating Officers; Must Extend To All Similarly Placed: Jharkhand High Court

The Jharkhand High Court has held that the benefit of the Dynamic Assured Career Progression (DACP) Scheme cannot be limited only to those medical officers who had approached the court earlier, but must also be extended to all similarly situated persons within the same cadre.Justice Ananda Sen, presiding over the case, observed, “Once a particular date has been fixed, all the persons who...

Jharkhand High Court Upholds State's Refusal To Grant Environmental Clearance For Stone Mining In Saranda Forest

The Jharkhand High Court has upheld the decision of the State Environment Impact Assessment Authority (SEIAA) refusing environmental clearance (EC) to a proprietorship firm for stone mining in the Saranda forest's no-mining zone. The Court held that the “Management Plan for Sustainable Mining in Saranda and Chaibasa of Singhbhum District, Jharkhand,” framed in 2018, applied to the...

Monetary Compensation Must Be Granted From Date Of Application When Compassionate Appointment Is Denied: Jharkhand HC

A Division bench of the Jharkhand High Court comprising Chief Justice Tarlok Singh Chauhan and Justice Rajesh Shankar held that if compassionate appointment is denied then employer must grant the monetary compensation from date of application for the compassionate appointment. Background Facts The employee was a Piece Rated worker at Central Coalfields Limited (CCL) Dhori...

Removal From Service For Procedural Lapses, Disinterest & Harassment of Subordinates, Disproportionate To Misconduct: Jharkhand HC

A Division bench of the Jharkhand High Court comprising Justice Sujit Narayan Prasad and Justice Arun Kumar Rai held that the capital punishment of removal from service is disproportionate to charges relating to procedural lapses, casualness in duty, lack of interest in work and harassment of subordinates. Background Facts The respondent joined the Bihar Education Service...

'Keep The Light Within Burning': Jharkhand High Court's Justice Sujit Narayan Prasad Celebrates Diwali With Children At Observation Home

Jharkhand High Court judge Justice Sujit Narayan Prasad celebrated Diwali with the children of Ranchi Observation Home in Dumardagga asking them to have faith in themselves, advance in their lives through hard work, discipline and education while keeping the light within them burning. Addressing the children, Justice Prasad said, "Diwali symbolizes the triumph of light over darkness....