Jharkhand High Court Refuses To Interfere With Administrative Order Passed To Maintain Law & Order Amid Land Dispute

The Jharkhand High Court has refused to interfere with an administrative order passed by the Sub-Divisional Officer to maintain law and order amid a land dispute, holding that disputed questions relating to encroachment and identification of land cannot be adjudicated in proceedings under Article 226 of the Constitution. The Court observed that such disputes require evidence and are...

'Highly Contemptuous': Jharkhand High Court Slams Officer For Terming Benefits Given Under Court Order As 'Wrongly Granted'

The Jharkhand High Court has held that it was “highly contemptuous” for a Regional Deputy Director of Education to state in a counter affidavit that certain ACP benefits had been “wrongly granted” to an employee despite those very benefits having been directed by a coordinate Bench of the High Court and subsequently implemented by the department. The Court also held that denying...

Jharkhand High Court Refuses Bail In Tetariakhad Colliery Terror Attack Case

The Jharkhand High Court has refused to grant bail to an accused in the 2020 Tetariakhad Colliery terror attack case, holding that the prosecution materials, including the statements of protected witnesses identifying him through photographs, prima facie established his involvement. The Court also held that the appellant's case was distinguishable from those of co-accused who had been...

Control Test Not Sole Determinant Of Employer-Employee Relationship Under Employees' Compensation Act: Jharkhand High Court

The Jharkhand High Court has held that the “control test” is only one of the factors for determining the existence of an employer-employee relationship under the Employees' Compensation Act, and cannot be treated as the sole determinant.A Single Judge Bench of Justice Sanjay Kumar Dwivedi was deciding connected appeals arising out of compensation claims filed by the families of...

Addressing Panchayat Secy As 'Tum-Tam' Or 'Mere-Tere' Is Not Instigation To Commit Suicide: Jharkhand High Court Quashes FIR Against BDO

The Jharkhand High Court has quashed criminal proceedings against a Block Development Officer accused of abetting the suicide of a Panchayat Secretary, holding that merely addressing the deceased as “tum-tam” or “mere-tere” does not constitute instigation to commit suicide. The Court observed that even if the allegations in the FIR were accepted in their entirety, they failed to...

Adultery No Longer A Crime: Jharkhand High Court Quashes Constable's Dismissal Over Alleged Adulterous Relationship

The Jharkhand High Court has quashed the dismissal of a Jharkhand Armed Police constable over an alleged adulterous relationship, observing that adultery is no longer a criminal offence in view of the Supreme Court's decision in Joseph Shine v. Union of India. The Court further held that the disciplinary authority had dismissed the constable on a ground that was never part of the...

Jharkhand High Court Quashes Criminal Proceedings Against Hemant Soren Over 2014 Poll Speech

The Jharkhand High Court has quashed criminal proceedings against Chief Minister Hemant Soren arising out of his 2014 election campaign speech, holding that his remarks regarding the proposed amendment of the Chotanagpur Tenancy (CNT) Act, Santhal Parganas Tenancy (SPT) Act and labour laws did not constitute an offence under Section 125 of the Representation of the People Act, 1951. A...

S.498A IPC | Scolding Daughter-In-Law For Placing Food Pot On Ground Is Not Cruelty: Jharkhand High Court

The Jharkhand High Court has set aside the conviction of a mother-in-law under Section 498A of the Indian Penal Code, holding that the prosecution failed to establish the statutory ingredients of cruelty where the allegation against her was limited to abusing her daughter-in-law after she placed a pot of treacle on the ground. Allowing the appeal, the Court held that the trial court had erred...

Bhang Doesn't Fall Within Definition Of 'Cannabis (Hemp)' Under NDPS Act: Jharkhand High Court

The Jharkhand High Court has held that possession of bhang does not constitute an offence under the Narcotic Drugs and Psychotropic Substances Act, 1985, as it is excluded from the statutory definition of “cannabis (hemp)” under Section 2(iii) of the Act. Setting aside the conviction of the appellant under the NDPS Act, the Court held that once the Forensic Science Laboratory (FSL)...

12-Year Possession Before Santhal Pargana Tenancy Act 1949 Act Must Be Proved To Resist Eviction: Jharkhand High Court

The Jharkhand High Court has held that a person claiming rights over land on the basis of a Kurfanama must establish twelve years' possession prior to the coming into force of the Santhal Pargana Tenancy (Supplementary Provision) Act, 1949 to resist eviction under the Act.The Court further held that a Kurfanama which does not satisfy the requirements under the Tasdik Niyamawali cannot be...

PIL In Jharkhand High Court Challenges NHRC Circular Withdrawing Mandatory Judicial Inquiry Into Custodial Deaths, Rapes

A Public Interest Litigation (PIL) has been filed before the Jharkhand High Court challenging a National Human Rights Commission (NHRC) circular which withdrew its earlier direction mandating judicial inquiries in every case of custodial death, disappearance and rape.The PIL seeks quashing of the NHRC's Circular dated May 14, 2024, which declared that the Commission's earlier circular...

No Fetter On Trial Court's Power To Alter Charges Merely Because Prosecution Moved Application U/S 216 CrPC: Jharkhand High Court

The Jharkhand High Court has held that although neither the prosecution nor the accused has a vested right to seek alteration or addition of charges under Section 216 of the Code of Criminal Procedure, the trial court's power to do so is not curtailed merely because the issue is brought to its notice through an application filed by either party. The Court observed that the power under Section...