Jharkhand High Court
Jharkhand High Court Weekly Round-Up: September 18 - September 24, 2023
Nominal Index [Citations: 2023 LiveLaw (Pat) 43-48]Abhishek Kumar Paul vs. The State of Jharkhand and Another 2023 Livelaw (Jha) 43RM vs. The State of Jharkhand 2023 LiveLaw (Jha) 44Pooja Giri vs. The State of Jharkhand and Others LiveLaw (Jha) 45 Software Freedom Law Center, India vs The State of Jharkhand 2023 LiveLaw (Jha) 46 Adhunik Power and Natural Resources Limited and Other vs The...
Does Not Behove A Judicial Magistrate To Pass Reckless Orders: Jharkhand High Court Cancels JMFC's Proclamation Order, Calls For Training
In a stern rebuke, the Jharkhand High Court has cancelled an order issued by a Judicial Magistrate First Class (JMFC) of Ranchi Civil Court. The High Court expressed strong reservations, stating that the JMFC's order appeared to have circumvented the law, and further emphasized that JMFC lacked a fundamental understanding of legal principles, necessitating training.Justice Anil Kumar...
Ensure 18-Month Data Storage For CCTV Cameras In Police Stations: Jharkhand High Court Directs State
The Jharkhand High Court has issued a directive to the State government and the Director General of Police (DGP) to ensure that CCTV cameras installed in police stations retain data for a minimum of 18 months.Justice Sanjay Kumar Dwivedi directed, “the State of Jharkhand and the Director General of Police, Jharkhand are directed to ensure that CCTV cameras are installed in each and every...
Sitting Judge Of Jharkhand High Court Justice Kailash Prasad Deo Passes Away
The Jharkhand High Court, along with its offices and subordinate courts throughout the state, will remain closed on September 22nd, 2023, to pay homage and mark respect for the departed soul of Late Justice Kailash Prasad Deo, a distinguished Judge of the Jharkhand High Court.Late Justice Kailash Prasad Deo passed away peacefully at 5:20 am this morning at Medical Hospital in Ranchi after...
SC/ST Act Designed To Safeguard Marginalized Communities, Not Score-Settling Persecution: Jharkhand High Court
The Jharkhand High Court has underscored the essence and purpose of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act), emphasizing its role in safeguarding the interests of marginalized sections of society and warning against its misuse as a tool for settling personal scores.Justice Gautam Kumar Choudhary, presiding over the case, pointed out...
Criminality Cannot Be Fastened In Every Case For Mere Breach Of Contract: Jharkhand High Court
While observing that not every dispute should culminate in criminal charges, especially when the underlying issue is fundamentally civil in nature, such as a breach of contract, the Jharkhand High Court quashed criminal proceedings against a petitioner in a case that involved allegations under Sections 406, 420, 379, and 120B of the Indian Penal Code (IPC)Justice Sanjay Kumar Dwivedi...
Publish All Internet Suspension Orders Within 48 Hours : Jharkhand High Court Directs State Govt
The Jharkhand High Court while issuing a verdict in response to a Public Interest Litigation (PIL) by the Software Freedom Law Center, India, has directed the State Government to upload all previous orders pertaining to the suspension of internet services within 48 hours on the official website of the State Government.Chief Justice Sanjaya Kumar Mishra and Justice Ananda Sen held, “In that...
Jharkhand High Court Orders FIR Against Police Personnel For Assault On Protesting Relatives Of Murdered Bajrang Dal Leader
Jharkhand High Court has directed the state police to file a First Information Report (FIR) against its personnel accused of assaulting the relatives of Kamaldev Giri, a prominent Bajrang Dal leader who was tragically murdered in Chakradharpur last year.Justice Sanjay Kumar Dwivedi held that, “This is not a single case. There are many cases of such nature, which have been examined by this...
Married Woman Can't Claim Consent To Establish Physical Relations Outside Marriage Obtained On False Promise To Marry: Jharkhand HC Quashes Rape FIR
The Jharkhand High Court has dismissed a rape case filed by a woman who was a married adult, noting that she was fully aware of the potential consequences of engaging in a physical relationship with another person. The court ruled that the accused could not be deemed to have obtained her consent under false pretense, thus quashing the charges based on an alleged promise of...
Consensual Relationship Continuing For 6 Years, Not Rape: Jharkhand High Court Quashes Case For False Promise To Marry Widowed Sister-In-Law
The Jharkhand High Court has granted relief to a man accused of raping his widowed sister-in-law under pretext of false to marry her, asserting that prosecutrix was a married woman of legal age, was well aware of the consequences of her relationship with her brother-in-law.Justice Subhash Chand observed that the evidence presented did not establish the victim's consent was obtained...
Employees Compensation Act | Insurer Of Vehicle Involved In Accident Cannot Escape Liability: Jharkhand High Court
In a case involving an appeal under Section 30 of the Employee's Compensation Act, 1923, which contested a Labor Court's award that did not include interest as mandated by Section 4(A) of the Act, the Jharkhand High Court observed that compensation should be calculated from the date of the accident, and interest calculations should commence from that very date. Additionally, the court...
Not Providing Proper Medical Aid To Wife To Enforce Dowry Demand Amounts To Cruelty U/S 498A IPC: Jharkhand High Court
The Jharkhand High recently held that not providing proper medical aid to one's wife to enforce the demand of dowry would come within the definition of cruelty as enunciated under Section 498A of the Indian Penal Code. Holding thus, a bench of Justice Ambuj Nath upheld the conviction of accused Sanjay Kumar Rai finding him guilty of committing cruelty as defined under Section 498A...