Jharkhand High Court
‘Presence Of Stent Due To Heart Ailment Very Common In World, Cannot Be Ground Of Exemption Under Section 205 Of CrPC’: Jharkhand High Court
The Jharkhand High Court, while upholding the order of a trial court, said that presence of a stent due to a heart ailment cannot be a ground for exemption under section 205 of the Code of Criminal Procedure (CrPC) as the medical condition is common across the world.Justice Sanjay Kumar Dwivedi held, “The petition under section 205 of Cr.P.C. meant for a bonafide person to abide by the law...
Jamshedpur Communal Clash 2023| 'Can't Ascertain Which Community Was The Aggressor': High Court Grants Bail To 42 Accused
The Jharkhand High Court last week granted bail to 42 accused booked in connection with the April 2023 clashes which broke out between members of two communities in the State's Jamshedpur district over the alleged desecration of a religious flag.The bench of Justice Sujit Narayan Prasad and Justice Subhash Chand found that none of the appellants were apprehended at the spot and the role...
Section 498-A IPC Was Enacted To Punish Cruelty At Hands Of Husband Or His Relatives, It Is Now Being Misused: Jharkhand High Court
The Jharkhand High Court said that the Supreme Court and several high courts have observed the misuse of Section 498A of the Indian Penal Code (IPC), which pertains to cruelty against woman by her husband or his relatives.Justice Sanjay Kumar Dwivedi said the Supreme Court on numerous occasions has previously expressed concern over the misuse of Section 498-A and the increasing tendency...
Objections U/S 36 Of The A&C Act Permissible Only On Issues Relating To Patent Or Inherent Lack Of Jurisdiction Of The Tribunal: Jharkhand High Court
The Jharkhand High Court has held that the objections under Section 36 of the A&C Act permissible only on issues relating to patent or inherent lack of jurisdiction of the tribunal. The Bench of Justice Anubha Rawat Choudhary held that challenge to an arbitral award can only be on the grounds enshrined under Section 34 of the Act, nevertheless, it is permissible to raise...
Jharkhand High Court Rejects ESL Steel’s ITC Claim Prior To The Approval Of The Resolution Plan By NCLT
The Jharkhand High Court rejected ESL Steel’s Input Tax Credit (ITC) claim prior to the approval of the resolution plan by the National Company Law Tribunal (NCLT).The bench of Justice Rongon Mukhopadhyay and Justice Deepak Roshan has observed that the liability of the earlier management may not be shifted to the current management, but at the same time, the credit available to the...
Section 205 CrPC Also Applicable In Cases Before Special Judges Conducting Trials Under Specific Statutes: Jharkhand High Court
Rejecting Central Bureau Of Investigation (CBI)'s contention that a plea under Section 205 of CrPC is not maintainable before a Special Judge, the Jharkhand High Court granted relief to an accused in a case under Prevention of Corruption Act and exempted him from personal appearance before the trial court.Additional Solicitor General Anil Kumar had earlier argued that Section 205 of CrPC...
Jharkhand High Court Directs State To Grant 5 Lakh Compensation To Widow Of Custodial Death Victim
The Jharkhand High Court has directed the State Government to pay a compensation of Rs. 5 lakh to the widow of Umesh Singh, who died in police custody in 2015. The court also ordered the State to take departmental action against the police officers involved in the matter.Justice Sanjay Kumar Dwivedi said it is a "proved case" of police brutality, and questioned why the police department has...
Modi Surname Defamation Case: Jharkhand High Court Protects Rahul Gandhi From Coercive Action
The Jharkhand High Court on Tuesday granted relief to senior Congress leader Rahul Gandhi in a defamation case related to the Modi surname remark he made before the Lok Sabha elections in 2019. Gandhi had earlier been directed by the Ranchi MP-MLA court to appear in person in the defamation case.Justice S.K. Dwivedi said, "No coercive steps shall be taken against the petitioner, in...
Former SC Judge's Land Attempted To Be Grabbed : Jharkhand High Court Takes Suo Motu Cognisance Of Rising Land Grabbing Cases
The Jharkhand High Court has taken cognisance of rising cases of land grabbing by organised gangs of land grabbers in the state by instituting a suo-motu writ petition and arraying the Chief Secretary, Principal Secretary (Home), SSP (Ranchi) and Officer-in-Charge of Lower Bazar Police Station as Respondents in the case. The court took cognisance on the basis of a news report published in...
Jharkhand High Court Directs State To Pay Rs 5 Lakh Compensation To Man Who Spent 4 Months In Jail On False Murder And Rape Charges
The Jharkhand High Court has directed the State government to pay a compensation of Rs 5 lakh to a man who spent four months in jail in 2014 in a false case of murder and rape. The victim was later found to be alive.The petitioner, Ajit Kumar was detained for four months from February to July in 2021 in a false case of murder and rape under Sections 376(D), 302, 201 and 34 of the Indian...
Rajya Sabha Polls 2016: Jharkhand High Court Dismisses Plea Seeking CBI Probe In Case Against IPS Officer Anurag Gupta
The Jharkhand High Court has dismissed a petition seeking CBI probe in a 2016 case alleging that IPS officer Anurag Gupta and others interfered with the 2016 Rajya Sabha elections in the state. The case under section 171(b), (c), (e) and (f) of the IPC was registered on the complaint of Election Commission of India.Justice Sanjay Kumar Dwivedi said transfer of a case to CBI can happen only...
Remark On Amit Shah| 'He Is Not Ready For Hearing': Jharkhand High Court Vacates Its Order Granting Relief To Rahul Gandhi
The Jharkhand High Court last week vacated its order of May 2022 wherein it granted relief to Rahul Gandhi in connection with a criminal defamation complaint pending before the Chaibasa Court over his alleged remark made in March 2018 against the then BJP President Amit Shah.The bench of Justice Anil Kumar Choudhary passed this order as it observed that Gandhi is not ready for hearing in...