Jharkhand High Court
Jharkhand High Court Weekly Round-Up: October 8 To October 15, 2023
Nominal Index [Citations: 2023 LiveLaw (Jha) 55-59]Pratul Shahdeo @ Pratul Nath Shahdev vs. The State of Jharkhand and Another 2023 LiveLaw (Jha) 55Rajeev Kumar vs. The Principal Commissioner of Central Goods and Service Tax 2023 LiveLaw (Jha) 56Chhavi Ranjan vs Union of India 2023 Livelaw (Jha) 57Anil Saw vs The State of Jharkhand LL Citation: 2023 Livelaw (Jha) 58Adhunik Power &...
Can't Deny Medical Reimbursement By Discriminating Between Indoor Patient And Outdoor Patient: Jharkhand High Court
The Jharkhand High Court has held that the determination of whether a patient should be categorized as "indoor" or "outdoor" depends on the expert judgment of the attending doctors at the respective hospital. The Court has further emphasized that if the medical professionals decide to provide treatment without hospitalizing the patient as an "indoor patient," then denying reimbursement...
No Reference Of Sexual Assault In Victim's Statement U/S 164 CrPC: Jharkhand High Court Grants Bail To POCSO Accused
The Jharkhand High Court recently granted bail to an accused in a POCSO case stating that no evidence of sexual assault was found in the victim's statement recorded under Section 164 CrPC.The division bench comprising Justices Sujit Narayan Prasad and Navneet Kumar observed, "It appears from the record that the statement of the girl, immediately after recovery, was recorded before the...
Wrong Collection Of TCS On Purchase Of Coal For Generation Of Power: Jharkhand High Court Directs Refund
The Jharkhand High Court has directed the Tax Collected as Source (TCS) refund wrongfully collected despite verifying purchase of coal was used for the generation of power.The bench of Justice Rongon Mukhopadhyay and Justice Deepak Roshan has observed that the root cause lies in the illegality committed by the Revenue in compelling Central Coalfields Limited (CCL) in effecting TCS qua...
Assesse Failed To Appear Before Adjudicating Authority, No Violation Of Natural Justice: Jharkhand High Court
In a recent ruling, the Jharkhand High Court dismissed a writ petition filed by a proprietorship firm engaged in civil contract work, challenging an Order-in-Original (OIO) passed by the Additional Commissioner of Central GST & CX, Ranchi.The noted that the Assessee had been given ample opportunities to appear before the adjudicating authority. The court also highlighted that letters...
Wrong Collection Of TCS On Purchase Of Coal For Generation Of Power: Jharkhand High Court Directs Refund
The Jharkhand High Court has directed the Tax Collected as Source (TCS) refund wrongfully collected despite verifying purchase of coal was used for generation of power.The bench of Justice Rongon Mukhopadhyay and Justice Deepak Roshan has observed that the root cause lies in the illegality committed by the Revenue in compelling Central Coalfields Limited (CCL) in effecting TCS qua...
Former Ranchi Deputy Commissioner's Bail Plea Rejected By Jharkhand High Court In Army Land Sale Case
The Jharkhand High Court last week rejected a bail petition of former Ranchi Deputy Commissioner, Chhavi Ranjan in the army land sale case. The former Deputy Commissioner had moved the high court seeking his release on the grounds of non-submission of the charge sheet within the stipulated time.However, the court held that there was no irregularity on the part of the investigating agency...
‘Ingredients Of SC/ST Act Absent’: Jharkhand High Court Quashes FIR And Criminal Proceedings Against BJP Leader Pratul Shahdeo
The Jharkhand High Court has quashed the FIR and subsequent criminal proceedings against Bharatiya Janata Party (BJP) leader Pratul Shahdev for allegedly abusing his former driver.Shahdev was booked under Sections 341, 342, 323, 325, 307 of the Indian Penal code and 3/4 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. It was alleged that he forcibly took...
Chairman Not Vicariously Liable U/S 22-C Minimum Wages Act Without Implicating Company: Jharkhand High Court
The Jharkhand High Court has held that as per Section 22-C of the Minimum Wages Act, 1948, when vicarious liability arises based on the averments in a complaint, the Chairman of the Company cannot be proceeded against without impleading and taking cognizance against the Company itself.Justice Gautam Kumar Choudhary observed, “In the present case, there is no direct allegation against...
MSEF Council’s Dismissal Order Under Section 18 Is Not An Award For Section 34 Of The A&C Act: Jharkhand High Court
The Jharkhand High Court has held that an order passed by the MSEF Council dismissing a reference made under Section 18 of the MSMED Act as not maintainable, without conducting the conciliation or the consequent arbitral proceedings, is not an award which can be challenged under Section 34 of the A&C Act r/w Section 19 of the MSMED Act. The bench of Justices Shree Chandrashekhar...
Family's Prestige At Stake In Rape Cases, Delay In Filing FIR Not Fatal To Prosecution If Proper Explanation Given: Jharkhand High Court
The Jharkhand High Court has reiterated that delay in lodging FIR in cases of rape, where the dignity and reputation of the family are on the line, should not be considered fatal to the prosecution's case.Justice Subhash Chand observed,“Indeed, in case of a rape wherein the dignity and prestige of the family is at stake, the time is also taken in deciding whether to lodge the F.I.R. or not....
Non-Consensual Sexual Intercourse Constitutes Rape Irrespective Of Assurances Of Marriage : Jharkhand High Court
The Jharkhand High Court has refused to discharge a man who allegedly obtained consent of the victim on the pretext of marriage but forcibly committed initial sexual intercourse with her.Justice Subhash Chand observed, “As such from the very beginning he got the consent of the victim on the pretext of marriage. After assuring the victim to marry he came in courtship of the victim and for...