Jharkhand High Court Stays State Government's Decision To Cancel Appointments Made Through 11th-13th JPSC Exams

The Jharkhand High Court in an interim on Thursday (August 20) stayed State Government orders cancelling recruitments made through 11th to 13th Jharkhand Public Service Commission Exams, PTI has reported.Notably, the State Government had recently cancelled the JPSC exams after several weeks of student protest over alleged irregularities in the conduct of such examinations. The high court...

Taunting Wife Over Complexion, Low IQ And Communication Skills Alone Doesn't Constitute Cruelty U/S 498A IPC: Jharkhand High Court

The Jharkhand High Court recently quashed a cruelty case against a man, holding that allegations of taunting his wife about her complexion, low IQ and poor communication skills, by themselves, were insufficient to make out an offence of cruelty under Section 498A IPC.For context, Section 498A of the IPC defines cruelty as a). any wilful conduct that is likely to drive the woman to commit...

Relationship With UAPA Accused Not Enough To Treat Woman's Property As 'Proceeds Of Terrorism': Jharkhand High Court

The Jharkhand High Court has set aside the attachment of a scooty belonging to the wife of a man accused under the Unlawful Activities Prevention Act (UAPA) for collecting levy for the banned outfit Tritiya Prastuti Committee (TPC). The Court said her relationship with the accused was not enough to conclude that the vehicle had been bought from proceeds of terrorism.A Division Bench of...

Advertisement Boards On Road Dividers Must Be At Least 12 Feet Above Road Surface: Jharkhand High Court

The Jharkhand High Court has directed the Ranchi Municipal Corporation (RMC) to ensure that advertisement boards fixed on streetlight or electricity poles on road dividers are placed at least 12 feet above the road surface.A Single Judge Bench comprising of Justice Ananda Sen held that advertisement boards placed at a low height pose a danger to commuters and can also create blind spots....

Bachelor Of Computer Application Falls Under Science Stream, UGC's 2014 Notification Has Retrospective Effect: Jharkhand High Court

The Jharkhand High Court has held that a Bachelor of Computer Application (BCA) degree falls under the Science stream. It further held that the UGC's 2014 notification classifying BCA under Science was clarificatory and would operate retrospectively.A Division Bench of Justice Sujit Narayan Prasad and Justice Sanjay Prasad upheld orders directing the appointment of candidates whose...

Loans Taken By Husband Cannot Reduce His Maintenance Obligation Towards Wife: Jharkhand High Court

The Jharkhand High Court has held that a husband cannot ordinarily rely on loans taken for “future wealth construction” to reduce his income for determining maintenance or permanent alimony. The Court held that voluntary loan repayments, particularly for creating assets, cannot override the obligation to maintain the wife.A Division Bench of Justice Sujit Narayan Prasad and Justice...

Jharkhand High Court Upholds Mother's Life Sentence For Killing 4 & 2-Year-Old Sons, Says 'Instead Of Protecting, She Devoured Them'

The Jharkhand High Court has upheld the conviction and life sentence of a woman for the murder of her two minor sons, aged four and two years.A Division Bench of Justice Rongon Mukhopadhyay and Justice Arun Kumar Rai found that the circumstances on record pointed towards the woman's involvement in the killings. The Court dismissed her appeal against a 2021 trial court judgment convicting her...

Chotanagpur Tenancy Act | Restoration Proceedings Must Be Initiated Within Reasonable Time; Final Orders Cannot Be Reopened: Jharkhand High Court

The Jharkhand High Court has held that although Section 71A of the Chotanagpur Tenancy Act does not prescribe a limitation period, restoration proceedings must nevertheless be initiated within a reasonable time. The Court also held that once an order passed in a restoration proceeding has attained finality, it cannot be reopened in subsequent proceedings.A Single Judge Bench of Justice...

Once Court-Annexed Mediation Ends In Signed Settlement, Party Cannot Withdraw Consent On Mere Change Of Mind: Jharkhand High Court

The Jharkhand High Court has held that a settlement reached through court-annexed mediation, reduced into writing and signed by the parties, cannot be unilaterally withdrawn merely because one party later changes their mind. The Court held that the right to withdraw exists only during the mediation process and not after a binding settlement has been executed.A Division Bench of Justice...

Loan Amount Not 'Entrusted Property'; Mere Failure To Repay Doesn't Constitute Criminal Breach Of Trust: Jharkhand High Court

The Jharkhand High Court has held that money advanced as a loan cannot be treated as property “entrusted” to the borrower for the purpose of constituting criminal breach of trust under Section 406 of the Indian Penal Code. The Court observed that a borrower is free to use the loan amount, unlike a person who receives property through entrustment and must deal with it subject to the...

Jharkhand High Court Dismisses State's Appeal Against Compensation For Illegal Shop Demolition, Calls Actions 'High-Handed'

The Jharkhand High Court has dismissed the State's appeal against an order directing it to compensate a shop owner whose premises were demolished without authority of law, holding that the appeal was “an abuse of the judicial process” and appeared to have been filed only because officials feared recovery proceedings against them.A Division Bench of Chief Justice M.S. Sonak and Justice...

Family Court Cannot Skip Mother's Main Plea For Interim Custody & Only Grant Restrictive Visitation Rights: Jharkhand High Court

The Jharkhand High Court has held that where a parent's application contains a substantive prayer for temporary custody and an alternative prayer for visitation rights, the Family Court must first consider and reject the substantive prayer by assigning cogent reasons before proceeding to the alternative relief.A Division Bench of Justice Sujit Narayan Prasad and Justice Sanjay Prasad set aside...