Jharkhand High Court
Jharkhand High Court Issues Directions To Police Authorities To Furnish Reports On Action Taken Against Unauthorized Meat Shops
The Jharkhand High Court has issued directives to all district superintendents of police to furnish reports on their actions against unauthorized meat shops operating within their jurisdictions.This development stems from a public interest litigation initiated by Shyamanand Pandey, who brought attention to the sale of meat in open areas. The petitioner argued that such practices of...
Jharkhand High Court Orders CBI Probe Into Allegedly False Rape Accusation By Female Police Constable Against Male Colleague
The Jharkhand High Court has issued an order for a CBI investigation into a case where a female constable allegedly filed a false rape accusation against her male colleague. The directive was issued on Wednesday following a petition filed by the accused, Anil Kumar, who sought a high-level inquiry and compensation for the 13 months he spent in jail.Kumar, a serviceman, was acquitted of the...
Conviction Solely Based On Uncorroborated 'Last Seen Evidence' Not Sustainable: Jharkhand High Court Sets Aside Murder Conviction After 7 Yrs
The Jharkhand High Court recently set aside the conviction and sentence of a murder convict while observing that the conviction cannot be said to be just and proper solely on the basis of last-seen evidence which is not corroborated with any evidence.The division bench comprising Justice Subhash Chand and Ananda Sen observed, “The prosecution case, which is based on circumstantial evidence,...
Jharkhand High Court Weekly Roundup: March 18 - March 24, 2024
Nominal Index [Citations: 2023 LiveLaw (Jha) 44-53]Binod Kumar Mishra vs The State of Jharkhand 2024 LiveLaw (Jha) 44 Sachindra Singh @ Sacha @ Sachchi Singh Versus The State of Jharkhand 2024 LiveLaw (Jha) 45 Julekha Khatoon v. The State Of Jharkhand 2024 LiveLaw (Jha) 46Sudhir Narayan vs. the State of Jharkhand 2024 LiveLaw (Jha) 47 Md. Ramjani Vs The State of Jharkhand 2024 LiveLaw (Jha)...
Jharkhand High Court Directs State To Release 19 Yrs Of Pending Salary To Employee Who Was Reinstated After Illegal Termination
The Jharkhand High Court has directed the State government to release 19 years of pending salary to an illegally terminated employee of its Department of Industries (Handloom, Resham and Sericulture).The court reiterated that in cases where an employee is found to be entirely blameless, yet subjected to illegal termination motivated by malice, it would be unjust to deny them the benefits...
Examination Of Investigating Officer Crucial In Circumstantial Evidence Cases: Jharkhand High Court Sets Aside Murder Conviction
In a recent ruling, the Jharkhand High Court has underscored the pivotal role of Investigating Officer in cases reliant on circumstantial evidence. The Court highlighted that failure to establish the evidence collected by the former Investigating Officer by the second Investigating Officer could prove fatal to the prosecution's case.Justice Subhash Chand observed, “In this case, the...
Jharkhand High Court Stays Arrest Warrant Against Congress Leader Rahul Gandhi Over Remark On Amit Shah
In relief to Congress leader Rahul Gandhi, Jharkhand High Court has stayed the non-bailable warrant issued against him by Chaibasa civil court on February 27 this year in a 2018 defamation case concerning his remarks on Union Home Minister Amit Shah.Justice Rajesh Kumar presiding over the case, postponed the warrant for one month with a condition, directing Gandhi to take necessary legal...
President Murmu's Concerns On Delayed Enforcement Of Decrees Relevant: Jharkhand HC Slams State For Decades-Long Failure To Mutate Revenue Records
In a recent hearing at the Jharkhand High Court, a case spanning over four decades has taken center stage, highlighting the plight of a petitioner who has been denied the fruits of a favourable court decree in relation to a land dispute.In this backdrop, Justice Ananada Sen presiding over the case recollected the recent concerns raised by President of India Droupadi Murmu on the issue...
21 Yrs Later, Jharkhand HC Stays Further Effect Of 2003 Resolution On SC/ST Reservations In Service Promotions Citing Variance With SC Order
After a lengthy legal battle spanning 21 years, the Jharkhand High Court has stayed further effect of a 2003 Resolution passed by the State government for providing reservations to Scheduled Castes and Scheduled Tribes in service promotions.The division bench of Acting Chief Justice Shree Chandrashekhar and Justice Navneet Kumar allowed 12 writ petitions on finding the Resolution to be...
[Dowry Death] Court Shall Presume Accused's Guilt If Prosecution Able To Prove Essential Elements Of S.304B IPC: Jharkhand High Court
The Jharkhand High Court has ruled that when the prosecution establishes the fundamental elements of Section 304-B of the Indian Penal Code, the court can assume the guilt of the accused, and consequently, under the provision of Section 106 of the Indian Evidence Act, the burden shifts to the accused to challenge this presumption of guilt and demonstrate their innocence.Justices Ratnaker...
Gravity Of Offence No Ground To Deny Bail To Juvenile Unless Exceptional Circumstances U/S12 JJ Act Established: Jharkhand High Court Reiterates
In a recent ruling, the Jharkhand High Court emphasized that gravity of offence cannot be the ground to deny the bail application of a juvenile, unless there are exceptional circumstances as provided in the proviso to Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015.Section 12 prescribes that a child alleged to be in conflict with law shall be released on bail...
Conditions Imposed While Granting Bail Must Not Be 'Onerous, Unreasonable Or Excessive': Jharkhand High Court
The Jharkhand High Court has held that the conditions to be imposed while granting bail must not be onerous or unreasonable or excessive. The Court stressed that conditions should aim to ensure the accused's appearance before authorities, unhindered trial proceedings, and community safety.Justice Sanjay Kumar Dwivedi observed, “The conditions to be imposed must not be onerous or unreasonable...