Jharkhand High Court Directs State To Frame Guidelines For HIV Testing And Treatment Of Prisons Inmates

The Jharkhand High Court has directed the State Government to formulate and implement appropriate guidelines and rules for HIV testing and treatment in prisons, in line with the statutory framework of the HIV and AIDS (Prevention and Control) Act, 2017, and to place its proposal on record within six weeks. The Division Bench comprising Justices Sujit Narayan Prasad and Sanjay Prasad passed...

Jharkhand High Court Blames Corruption, Poor Infrastructure For Non-Implementation Of Plastic Ban; Suggests Reforms

The Jharkhand High Court has held that corruption, lack of infrastructure, and weak enforcement have rendered the State's ban on plastic carry bags and single-use plastics ineffective.A Division Bench of Chief Justice Tarlok Singh Chauhan and Justice Rajesh Shankar were hearing a PIL filed by one Dr. Santanu Kumar Banerjee over lack of serious enforcement of the plastic ban by...

Jharkhand High Court Warns Of Contempt Action Over 'Hooliganism' After Advocate 'Threatens' To Move SC Once Order Is Passed

The Jharkhand High Court has come down heavily on an advocate who, while arguing an anticipatory bail in a land grabbing case, had argued in “loud speech” in the presence of other lawyers present in Court and had “threatened the Court to pass the order and he will go to the Hon'ble Supreme Court.”Noting that the conduct of the advocate, Rakesh Kumar, was discernible and...

Jharkhand High Court Strikes Down Levy Of “Composition User Fee” On Vehicles Carrying Minerals Weighing Over 9 Tonnes

The Jharkhand High Court has struck down the levy of “Composition User Fee” (CUF) by the State Government on mechanical vehicles transporting minerals weighing more than 9 tons under the Jharkhand Highways Fee (Determination of Rates and Collection) Amendment Rules, 2021 (2021 Rules) and its subsequent amendments, as unconstitutional and ultra vires the Indian Tolls Act, 1851...

Jharkhand High Court Chief Justice Launches Legal Services Clinics To Aid Defence Personnel, Ex-Servicemen & Their Families

The Jharkhand State Legal Services Authority (JHALSA) last week inaugurated Legal Services Clinics dedicated to Defence Personnel, Ex-Servicemen and their dependent family members, across all districts in the state under the aegis of the NALSA Veer Parivar Sahayta Yojna 2025.Jharkhand High Court Chief Justice Tarlok Singh Chauhan, who is also the Patron-in-Chief JHALSA, virtually launched...

S. 397 CrPC | Litigants Must First Approach Sessions Court For Revision, HC Can Only Be Moved Directly In 'Rare' Cases: Jharkhand High Court

The Jharkhand High Court has clarified that while Section 397 of CrPC allows both the Sessions Court and the High Court to exercise revisional jurisdiction, litigants should ideally approach the Sessions Court, which is the first forum at the first instance.The court said that only in rare and special circumstances should the High Court be approached first in revision jurisdiction. For...

Purpose Of A&C Act Stands Defeated If There Are Delays In Executing Arbitral Award: Jharkhand High Court

The Jharkhand High Court division bench comprising Chief Justice Tarlok Singh Chauhan and Justice Rajesh Shankar observed that the purpose and the object of the Arbitration and Conciliation Act, 1996, and the Commercial Courts Act, 2015, would stand defeated if there are delays in the execution of the Arbitral Award. The present petition was filed by M/s/ R.K. Construction...

Pendency Of Criminal Proceedings Without Conviction Can't Be Ground To Withhold Statutory Rights Like Pension & Gratuity : Jharkhand HC

A Division bench of the Jharkhand High Court comprising Chief Justice Tarlok Singh Chauhan and Justice Rajesh Shankar held that mere pendency of criminal proceedings without conviction cannot be a ground to withhold pension, gratuity, or leave encashment as they are statutory rights of the employee. Background Facts The respondent was appointed as a Lecturer in Hindi at...

Correction Of Date Of Birth In Service Records Can't Be Claimed As Matter Of Right At Fag End Of Service : Jharkhand HC

A Division bench of the Jharkhand High Court comprising Chief Justice Tarlok Singh Chauhan and Justice Rajesh Shankar held that correction of date of birth in service records cannot be claimed as a matter of right, even if supported by genuine documents like a Matriculation Certificate, particularly when such request is made after an inordinate delay (over two decades) and near the...

Jharkhand High Court Directs State's Home Secretary To File 'Personal Affidavit' On Number Of Custodial Deaths From 2018 Onwards

the Jharkhand High Court has directed the Secretary, Department of Home, Prison and Disaster Management, to file his personal affidavit regarding the number of cases of custodial deaths and whether the factum of death was brought to the notice of the concerned Magistrates for initiation of enquiry.Hearing a PIL seeking inquiry into the cases of custodial deaths from 2018, a division bench of...

'Grant Of Probate Along With Copy Of Will Is Conclusive Proof Of Valid Execution': Jharkhand High Court

The Jharkhand High Court has held that once probate is granted along with a copy of the Will annexed, it conclusively proves the appointment of the executor and the valid execution of the Will. The Court reiterated that in probate proceedings, the only issue for determination is the genuineness and due execution of the Will, and not questions relating to the title or existence of...

Prematurely Retiring An Employee During Pending Enquiry Without Due Process Amounts To Misconduct : Jharkhand HC

The Jharkhand High Court bench comprising Justice Deepak Roshan held that prematurely retiring an employee during pendency of departmental enquiry on disputed records, without following due process, amounts to misconduct by the officers as it prejudices the employer's interest. Background Facts In the year 1980, employee was appointed as Senior Overman in Central Coalfields...