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 Jharkhand High Court

Victim Habituated To Sexual Intercourse: Jharkhand High Court Acquits Man In Rape Case After Noting 5-Year Relationship

The Jharkhand High Court has acquitted a man convicted of rape on the false promise of marriage, holding that the evidence showed the prosecutrix, a 30-year-old woman, had been in a consensual relationship with the appellant for nearly five years and was habituated to sexual intercourse. The Court held that the case did not fall within the category of rape on a false promise of marriage.A...

Mere Existence Of Mental Disorder Is Insufficient To Dissolve Marriage: Jharkhand High Court

The Jharkhand High Court has held that the mere existence of a mental disorder, irrespective of its degree, is insufficient to justify dissolution of marriage under Section 13(1)(iii) of the Hindu Marriage Act, 1955. The Court observed that the disorder must be of such a nature and extent that the petitioner cannot reasonably be expected to live with the spouse.A Division Bench of Justice...

Permanent Alimony Must Secure Wifes Future; No Arithmetic Formula Can Determine Quantum: Jharkhand High Court

The Jharkhand High Court has held that no arithmetic formula can be applied while determining permanent alimony under Section 25 of the Hindu Marriage Act, 1955. The Court observed that while fixing permanent alimony, courts must consider the parties' status, the husband's financial capacity, the wife's future needs, inflation and the standard of living she enjoyed during the marriage.A...

Father Taking Away His Own Minor Child From Mothers Custody Doesnt Constitute Kidnapping: Jharkhand High Court

The Jharkhand High Court has held that a father, being the natural guardian of his minor child, cannot be prosecuted for kidnapping under Section 363 of the Indian Penal Code merely for taking away his own son from the custody of his wife. The Court observed that the essential ingredients of the offence are not satisfied where the accused himself is the child's natural guardian.A Single...

Unfounded Allegations On Wifes Chastity, Denial Of Childs Paternity Amount To Matrimonial Cruelty: Jharkhand High Court

The Jharkhand High Court has held that unfounded allegations questioning a wife's chastity and denying paternity of her child amount to a grave assault on her character, honour and reputation and constitute matrimonial cruelty.A Division Bench of Justice Sujit Narayan Prasad and Justice Sanjay Prasad dismissed a husband's appeal against the Family Court's refusal to dissolve the marriage on...

Interest Under Employees Compensation Act Payable From Date Of Accident; Widow Entitled To Penalty For Delay: Jharkhand High Court

The Jharkhand High Court has held that interest on compensation under the Employees' Compensation Act is payable from the date of the accident and that where the employer fails to pay compensation within the statutory period without justification, penalty under Section 4A of the Act must also be awarded. Modifying an award passed by the Labour Court, the Court directed payment of interest...

Santal Mission Of Northern Churches Dispute | Jharkhand High Court Holds Declaration Against 1968 Transfer Barred By Limitation, Non-Joinder

The Jharkhand High Court has dismissed two Letters Patent Appeals arising from disputes over the properties of the Santal Mission of Northern Churches, holding that although a suit instituted under Section 92 of the Code of Civil Procedure was maintainable, no case was made out to declare a 1968 Instrument of Transfer illegal, inoperative or non-binding.A Division Bench of Chief Justice...

Unused Acquired Land Need Not Be Returned To Original Owners; Can Be Used For Another Public Purpose: Jharkhand High Court

The Jharkhand High Court has refused to interfere with the acquisition of over 200 acres of land for a coal washery in the 1960s, holding that once land has been validly acquired for a public purpose and compensation has been paid, the mere fact that a portion of the land remains unused does not entitle the original landowners to reclaim it. The Court reiterated that where the original...

Passing Departmental Examinations & Service Confirmation Are Not Prerequisites For Grant Of ACP/MACP Benefits : Jharkhand HC

A Division Bench of the Jharkhand High Court comprising Chief Justice M.S. Sonak and Justice Rajesh Shankar held that passing departmental examinations and service confirmation are not prerequisites for grant of ACP/MACP benefits, which are designed to provide monetary relief against stagnation. Background Facts The employee was appointed on the post of Junior Accounts Clerk by...

Release Of Bank Guarantee Is Admission Of Unblemished Completion Of Work: Jharkhand High Court Directs Payment Of Contractors Dues

The Jharkhand High Court has held that release of a performance bank guarantee by the employer amounts to an admission by conduct that the contractor has completed the work and all post-execution obligations to the employer's satisfaction. Holding that the respondents could no longer dispute the quality or completion of the work after releasing the bank guarantee, the Court directed the...

Long-Running Jamabandi Cant Be Cancelled By Revenue Authorities; Remedy Lies Before Civil Court: Jharkhand High Court

The Jharkhand High Court has held that a long-running jamabandi cannot be cancelled by revenue authorities in the absence of statutory power and can only be set aside by a competent civil court. The Court observed that once a jamabandi is running in favour of a raiyat, revenue authorities are duty-bound to accept rent and issue rent receipts unless it is cancelled by a court of...