Jharkhand High Court
Section 11 Of Arbitration Act Mandates Examination Of Written, Signed Arbitration Clauses As Per Section 7 Requirements: Jharkhand High Court
The Jharkhand High Court bench of Acting Chief Justice Shree Chandrashekhar has held that in Section 11(6) of the Arbitration and Conciliation Act, 1996, the Court is required to see whether there is an arbitration clause which as per section 7 should be a document in writing signed by the parties. The bench held where the existence of the arbitration agreement is undisputed by...
Jharkhand HC Orders ₹5 Lakh Compensation For Man Who Was Wrongly Taken Into Police Custody & Tortured, Directs Recovery From Accused Officer
The Jharkhand High Court has ordered a compensation of Rs. 5 lakhs to be paid to a victim of police brutality, directing the amount to be recovered from the accused officer. Justice Ananda Sen, presiding over the case, held that the petitioner was wrongfully taken into custody and tortured, mandating the recovery from the responsible police officials within two months of payment.“Since it is...
Person Seeking Transfer Of License On Compassionate Grounds Must Be "Dependent" Of Deceased: Jharkhand High Court
The Jharkhand High Court has ruled that a person seeking the transfer of a license on compassionate grounds must be a dependent of the deceased and must claim the license on compassionate grounds.While clarifying the application of Clause-11 Cha and Clause-11 Ja of the Jharkhand Targeted Public Distribution System Control Order, 2022, Justice Ananda Sen held, “Clause-11 Cha of the Order,...
Jharkhand HC Takes Suo Moto Cognizance Of 'Error' In 'Bharatiya Nyaya Sanhita' Published By 'Universal LexisNexis', Directs Urgent Correction
The Jharkhand High Court has taken Suo Motu cognizance of a significant error in the Bharatiya Nyaya Sanhita (BNS) 2023 published by Universal LexisNexis. The Court identified a major discrepancy in Section 103(2), where the phrase "any other ground" was printed instead of "any other similar ground." According to the Court, this omission has serious implications for the interpretation...
No Reason To Believe Hemant Soren Was Guilty Of Money Laundering: Jharkhand High Court In Former CM's Bail Order
The Jharkhand High Court granted bail to former Chief Minister Hemant Soren on Friday in connection with an alleged land scam case. The verdict follows the court's decision to reserve the order on June 13 regarding Soren's bail application.The ruling was made by a single bench led by Justice Rongon Mukhopadhyay. Representing Soren, Senior Advocate Meenakshi Arora claimed that the charges...
Jharkhand High Court Orders State To Pay ₹5 Lakhs Compensation For Illegal Demolition Of Shops, Additional ₹25K For Mental Agony Of Shop Owner
The Jharkhand High Court has ordered the State government to pay ₹5 lakhs in compensation for illegally demolishing a privately owned building that housed five shops. Additionally, the Court has directed the State to pay ₹25,000 for the mental pain and agony suffered by the shop owner due to the State's high-handed actions.Justice Sanjay Kumar Dwivedi, who presided over the case,...
Jharkhand High Court Grants Bail To Former CM Hemant Soren In Alleged Money Laundering Case Involving Illegal Land Possession
The Jharkhand High Court has granted bail to former Chief Minister Hemant Soren on Friday in an alleged money laundering case involving the illegal possession of 8.36 acres of land.The Court observed that there was no evidence directly linking Soren to the possession of the land in question and that the ED's statements that their intervention prevented illegal possession of the land...
No Prescribed Format Of Recording Dying Declaration But Courts Must Satisfy Whether It Was Made In 'Fit State Of Mind': Jharkhand High Court
The Jharkhand High Court has made it clear that there is no prescribed format for recording a dying declaration and it may be either oral or in writing, however, any Court relying on it must ensure that it was made by the declarant in a 'fit state of mind'.A division bench comprising Justices Subhash Chand and Ananda Sen observed, “It is the settled law that the dying declaration may be oral...
Section 11 Petition Requires Only Existence of Arbitration Clause, 'No More, No Less': Jharkhand High Court
The Jharkhand High Court bench of Acting Chief Justice Shree Chandrashekhar has held that the court in Section 11 of the Arbitration and Conciliation Act, 1996 is not required to look beyond except existence of the arbitration clause at this stage; 'no more no less'. Section 11 of the Arbitration Act pertains to the appointment of arbitrators. It outlines the procedure for...
Judges And Staff Of Jharkhand High Court Participate In Yogabhyas Camp To Celebrate International Yoga Day
On the occasion of International Day of Yoga, a Yogabhyas Camp was organized on the premises of Jharkhand High Court. The event saw the participation of several high-ranking officials including Judges of the Jharkhand High Court, Registry members, officers, and staff.Notable attendees included Justice Sujit Narayan Prasad, Justice Rongon Mukhopadhyay, Justice Ananda Sen, Justice Dr....
Pensionary Benefits And Gratuity Can't Be Withheld During Pendency Of Criminal Proceedings Against Employees: Jharkhand High Court
A single judge bench of the Jharkhand High Court comprising of Justice S.N. Pathak, while deciding Writ Petition in the case of Shanti Devi vs. State of Jharkhand and Others, held that pension and gratuity benefits for employees cannot be withheld while criminal proceedings are ongoing. Background Facts Shanti Devi (Petitioner) was appointed as a Lecturer in BNJ College, Sisai,...
GST Officers Should Not Coerce Individuals Summoned To Give Statements After Office Hours: Jharkhand High Court
The Jharkhand High Court has held that GST officers should not require or coerce individuals summoned under GST to give statements after office hours.The division bench comprising Acting Chief Justice Shree Chandrashekhar and Justice Navneet Kumar emphasized, “In our opinion, the proper officer under the GST should not be requiring or forcing or coercing a person so summoned to give...