Jharkhand High Court
Justice Shree Chandrashekhar Appointed As Acting Chief Justice of Jharkhand High Court
The Union Government has formally announced the appointment of Justice Shree Chandrashekhar as the Acting Chief Justice of the Jharkhand High Court. The notification was issued by the Ministry of Law and Justice on Wednesday."In exercise of the powers conferred by Article 223 of the Constitution of India the President is pleased to appoint Shri Justice Shree Chandrashekhar, Judge of the...
'State Information Commissioner Benefits Not Automatically Pensionable, SIC's Post Distingusiahable From Chief Secy's Role': Jharkhand HC
The Jharkhand High Court has ruled that the entitlement of the State Information Commissioner to certain benefits, based on the terms and conditions granted by the Chief Secretary, does not automatically confer pensionable service status. The court emphasized that the mere pensionable nature of the Chief Secretary's post does not imply similar entitlement for the incumbent of the...
'A Person Who Has Migrated To Another State Shall Get Benefit Of Reservation Only In State Of Origin': Jharkhand High Court
The Jharkhand High Court has recently opined that a person, who has migrated to another State, shall get the benefit of reservation only in the State of originJustice Rajesh Shankar held, “This Court is of the view that on mere ground that caste certificate of the petitioner for S.T category has been issued by the Sub-Divisional Officer, Godda, she cannot claim benefit of reservation in...
Jharkhand High Court Weekly Round-Up: December 04 To December 10, 2023
Nominal Index [Citations: 2023 LiveLaw (Jha) 142-146]Navin Kumar Sinha & Anr vs. State of Jharkhand & Anr 2023 LiveLaw (Jha) 142Mahesh Minz & Ors vs The State of Jharkhand & Anr 2023 LiveLaw (Jha) 143Sita Kumari vs. Bharat Coking Coal Ltd. and Ors 2023 LiveLaw (Jha) 144Somen Chatterjee vs State of Jharkhand and Anr 2023 LiveLaw (Jha) 145Munga Devi and ors. vs Kamla Devi...
No Illegality In Initiation Of Reassessment Proceedings After 10 Years Post-Search Under New Regime: Jharkhand High Court
The Jharkhand High Court had held that A.O. was justified in reopening the assessment for A.Y. 13–14 for 10 years as they had rightly taken previous sanction from the competent authority.The bench of Justice Rongon Mukhopadhyay and Justice Deepak Roshan has observed that w.e.f. April 1, 2022, the legislature expanded the scope for revenue in search proceedings via amendment in Section...
'Putting Criminal Law In Motion Against Accused By Examining Only One Or Two Enquiry Witnesses Is Deprecated': Jharkhand HC
In a recent ruling, the Jharkhand High Court quashed criminal proceedings against a petitioner after police exoneration, emphasizing the importance of thorough investigation before initiating legal action against an accused.The petitioner had sought the quashing of criminal proceedings, including the order taking cognizance, related to a case pending in the Court of the learned S.D.J.M.,...
Order Passed On Application U/O XXII Rule 3 CPC Not Appealable U/O XLIII Rule 1 CPC Rather It Is A Revisable Order: Jharkhand HC
The Jharkhand High Court has ruled that an order passed on an application under Order XXII Rule 3 CPC is not appealable under Order XLIII Rule 1 CPC; instead, it is considered a revisable order.For context, Order XXII Rule 3 CPC deals with the Procedure in case of the death of one of several plaintiffs or of the sole plaintiff. Order XLIII Rule 1 CPC deals with the right to appeal against...
Need To Assess Financial Condition Of Family Of Deceased, His Dependents Before Offering Compassionate Appointment: Jharkhand HC
In a recent judgment, the High Court of Jharkhand ruled in favor of the married daughter of a deceased employee, allowing her to file an application for compassionate appointment. The court emphasized the primary objective of compassionate appointments, which is to provide support to bereaved families, preventing them from facing destitution.Justice Gautam Kumar Choudhary observed,...
Locker Renting Agreement Can't Be Equated With 'Bailment' Between Hirer and Bank: Jharkhand High Court
The Jharkhand High Court has ruled that renting a locker at a bank does not establish a bailment relationship between the locker hirer and the bank.The Bench of Justice Sanjay Kumar Dwivedi observed, “In view of the above, it appears that the locker is the nature of agreement, in view of that the hiring agreement cannot be equated with the bailment. Furthermore the said operation of the...
Continuing Proceedings Against Accused Sans Established Criminality Is Abuse Of Process Of Law: Jharkhand High Court
The Jharkhand High Court in a recent ruling has ruled that if criminality is not established, allowing the continuation of criminal proceedings amounts to an abuse of the process of law.Justice Sanjay Kumar Dwivedi observed, “Looking into the pendency of two partition suits filed by one of the co-sharer of the property, in which, the petitioners and the complainant are also parties in...
'Can't Lay Conditions Of Eligibility': Jharkhand High Court Rejects Plea Seeking Inclusion Of Sports Quota For Civil Judge Recruitment
The Jharkhand High Court, while rejecting a petition seeking the inclusion of sports quota benefits for the Civil Judge recruitment, emphasized that determining essential qualifications for a job is within the purview of the employer. The court reiterated that employers have the authority to specify additional or desirable qualifications, and they may choose to grant preference...
Jharkhand High Court Inaugurates Virtual Platform For Remote Hearings
Jharkhand High Court Chief Justice Sanjaya Kumar Mishra on Wednesday virtually inaugurated a platform for remote court hearings in the presence of Judges of the High Court, the Advocate General, and other dignitaries. This initiative aims to provide access to the High Court from distant locations.The Computer and Digitization Committee of the Jharkhand High Court has taken a significant step...