Jharkhand High Court
Clothes Torn During Free Fight Not Necessarily Offence Of 'Outraging Modesty' U/S 354 IPC: Jharkhand High Court
The Jharkhand High Court, in acquitting an accused under Section 354 IPC, has noted that the mere tearing of clothing during a spontaneous altercation does not necessarily constitute an offence of outraging a woman's modesty.Justice Gautam Kumar Choudhary observed, “For offence under Section 354 IPC, intention to outrage modesty of a woman, is the fundamental ingredient. Touch caused...
Father Can't Escape Liability To Maintain Children Citing His Wife's Employment: Jharkhand High Court
The Jharkhand High Court has made it clear that a father is liable to support and maintain his children, irrespective of their mother's employment.Justice Subhash Chand observed,“So far as the income of the petitioner—wife in the maintenance application is concerned, admittedly she is getting Rs.12 to 14 thousand per month and she is maintaining herself and both the minor children. Even...
S.125 CrPC | 'Once Marital Relationship Is Disproved, There Cannot Be Any Order Of Maintenance': Jharkhand High Court
The Jharkhand High Court has held that once the marital relationship is disproved, there cannot be any order of maintenance under section 125 of the CrPC.Justice Gautam Kumar Choudhary observed that the respondent-woman had filed a criminal case against the revision petitioner in 2008 alleging that he made a false promise of marriage to her. This, the Court held, "demolishes the case of...
State Can't Empower Registrar To Cancel Registered Sale Deed Sans Declaration By Court That It Is Vitiated By Fraud: Jharkhand High Court
The Jharkhand High Court has held that unless there is a declaration by a civil Court that a deed is vitiated by fraud, a registered deed cannot be cancelled by the Registrar. Justice Gautam Kumar Choudhary set aside a Circular conferring such power on the Registrar and observed that, "The executive power of the State Government under Article 162 is coextensive with the legislative power of...
Strict Proof Of Marriage Not Required U/S 125 CrPC, Parties Living Together As Husband-Wife Sufficient To Order Maintenance: Jharkhand High Court
While rejecting a revision application filed for quashing grant of maintenance to a woman, the Jharkhand High Court held that documentary evidence of marriage in a proceeding under Section 125 of the Cr.P.C, is not required, especially when the evidence is on record that the Applicant was living with the opposite party as husband and wife.Justice Gautam Kumar Choudhary observed,...
Additional Commissioner Of Commercial Taxes Acted In Undue Haste In Disposing Of Revision Applications: Jharkhand High Court
The Jharkhand High Court has held that the Additional Commissioner of Commercial Taxes has acted in undue haste in disposing of the revision applications. It is trite law that if an authority acts in undue haste, malice in law is to be presumed, and his action is deemed to be mala fide.The bench of Justice Rongon Mukhopadhyay and Justice Deepak Roshan has observed that the...
CGST Preventive Wing And DGGI Wing To Forward All Investigation And Inter-Related Transaction To State Authorities: Jharkhand High Court
The Jharkhand High Court has opined that the Preventive Wing of the CGST and DGGI Wing of the CGST shall forward all their investigation carried out as against the petitioner and inter-related transactions to the State Authorities, who shall continue with the proceedings from the same stage.The bench of Justice Rongon Mukhopadhyay and Justice Deepak Roshan has stated that “we failed...
Arbitration and Conciliation Act | Mere Violation Of Substantive Law By Itself Not A Valid Reason To Set Aside Arbitral Award: Jharkhand High Court
The Jharkhand High Court while dismissing an appeal directed challenging the Commercial Court's dismissal of a Section 34 Petition against an arbitrator's award, has held that a mere contravention of substantive law by itself does not constitute a valid ground for setting aside an arbitral award subsequent to the 2015 amendment in the Arbitration and Conciliation Act, 1996 (Act). The...
Supreme Court Collegium Recommends To Make Justice Pradeep Kumar Srivastava As Permanent Judge Of Jharkhand HC
The Supreme Court Collegium has recommended the name of Justice Pradeep Kumar Srivastava, Additional Judge, for appointment as a permanent Judge of the High Court of Jharkhand.Justice Srivastava was sworn in as the Additional Judge of the Jharkhand High Court in June 2022.On 10 November 2023, the Collegium of the High Court of Jharkhand unanimously recommended the name of Justice Srivastava...
Supreme Court Collegium Recommends Elevation Of One Judicial Officer As Jharkhand High Court Judge
On Thursday, the Supreme Court collegium recommended the appointment of Arun Kumar Rai, a judicial officer, as a judge of the Jharkhand High Court. The recommendation, originally made by the Jharkhand High Court collegium in September of the previous year, underwent scrutiny by the only consulting judge in the Supreme Court familiar with Jharkhand High Court matters. The candidate's...
Railway Claims Tribunal Unjustified In Withholding Interest On Compensation From Date Of Accident Till Delay Condonation: Jharkhand High Court
The Jharkhand High Court recently observed that the Railway Claims Tribunal erred in withholding interest on compensation payable to a bereaved family, for the period between the date of accident and the date on which the application for delay in making a claim before the Tribunal was allowed.Justice Pradeep Kumar Srivastava observed, “The Tribunal has awarded maximum amount of compensation...
Jharkhand High Court Weekly Round-Up: January 08 To January 14, 2024
Nominal Index [Citations: 2024 LiveLaw (Jha) 1-8]Rahul Yadav @ Hari Kumar Yadav, vs. The State of Jharkhand & Anr 2024 LiveLaw (Jha) 1Gautam Kumar Banarjee vs. Dr. C.P. Vidyarthi & Anr 2024 LiveLaw (Jha) 2Steel Authority of India Ltd vs. The State of Jharkhand and others 2024 LiveLaw (Jha) 3CTET Utteern Abhiyarthi Sangh vs. State of Jharkhand 2024 LiveLaw (Jha) 4Branch Manager,...