Long-Running Jamabandi Can't 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...

Holding 10-Year-Old Girl's Hand To Propose Marriage Does Not Outrage Modesty, No 'Bad Intention': Jharkhand High Court

The Jharkhand High Court has held that merely holding the hand of a 10-year-old girl while proposing marriage, without any sexual or improper intention, does not amount to outraging modesty under Section 354 of the Indian Penal Code.A Single Judge Bench of Justice Rajesh Kumar allowed a criminal appeal and acquitted a man convicted under Section 354 IPC, holding that the essential ingredients...

'Affront To Judiciary': Jharkhand High Court Upholds Conviction In Dhanbad Judge Uttam Anand Murder Case

The Jharkhand High Court has upheld the conviction of two men for the murder of Dhanbad Additional District and Sessions Judge Uttam Anand, observing that the enormity of the act and the audacious manner of its execution constituted an “affront to the judiciary” and raised serious concerns over the safety of judicial officers. A Division Bench of Justice Rongon Mukhopadhyay and...

Jharkhand High Court Directs State To Complete Jonha Waterfall Approach Road Within 6 Months, Cites Letter By Villagers Flagging Issues

The Jharkhand High Court has directed the State Government to complete the strengthening, widening and metal paving of the approach road to Jonha Waterfall within six months, while hearing a suo motu public interest litigation initiated on the basis of a letter sent by a villager highlighting the miserable condition of the road.A Division Bench comprising Chief Justice M.S. Sonak and...

Mere Marriage To Extremist, Presence At Encounter Site With Child Can't Sustain Conviction: Jharkhand High Court Acquits Woman

The Jharkhand High Court has acquitted a woman convicted under various provisions of the IPC, Arms Act and Criminal Law Amendment Act in connection with an encounter involving alleged extremists, holding that mere marriage to an extremist and presence at the place of occurrence with her 1½-year-old child were insufficient to sustain her conviction in the absence of evidence showing any overt...

Jharkhand High Court Refuses To Interfere With Administrative Order Passed To Maintain Law & Order Amid Land Dispute

The Jharkhand High Court has refused to interfere with an administrative order passed by the Sub-Divisional Officer to maintain law and order amid a land dispute, holding that disputed questions relating to encroachment and identification of land cannot be adjudicated in proceedings under Article 226 of the Constitution. The Court observed that such disputes require evidence and are...

'Highly Contemptuous': Jharkhand High Court Slams Officer For Terming Benefits Given Under Court Order As 'Wrongly Granted'

The Jharkhand High Court has held that it was “highly contemptuous” for a Regional Deputy Director of Education to state in a counter affidavit that certain ACP benefits had been “wrongly granted” to an employee despite those very benefits having been directed by a coordinate Bench of the High Court and subsequently implemented by the department. The Court also held that denying...

Jharkhand High Court Refuses Bail In Tetariakhad Colliery Terror Attack Case

The Jharkhand High Court has refused to grant bail to an accused in the 2020 Tetariakhad Colliery terror attack case, holding that the prosecution materials, including the statements of protected witnesses identifying him through photographs, prima facie established his involvement. The Court also held that the appellant's case was distinguishable from those of co-accused who had been...

Control Test Not Sole Determinant Of Employer-Employee Relationship Under Employees' Compensation Act: Jharkhand High Court

The Jharkhand High Court has held that the “control test” is only one of the factors for determining the existence of an employer-employee relationship under the Employees' Compensation Act, and cannot be treated as the sole determinant.A Single Judge Bench of Justice Sanjay Kumar Dwivedi was deciding connected appeals arising out of compensation claims filed by the families of...

Addressing Panchayat Secy As 'Tum-Tam' Or 'Mere-Tere' Is Not Instigation To Commit Suicide: Jharkhand High Court Quashes FIR Against BDO

The Jharkhand High Court has quashed criminal proceedings against a Block Development Officer accused of abetting the suicide of a Panchayat Secretary, holding that merely addressing the deceased as “tum-tam” or “mere-tere” does not constitute instigation to commit suicide. The Court observed that even if the allegations in the FIR were accepted in their entirety, they failed to...

Adultery No Longer A Crime: Jharkhand High Court Quashes Constable's Dismissal Over Alleged Adulterous Relationship

The Jharkhand High Court has quashed the dismissal of a Jharkhand Armed Police constable over an alleged adulterous relationship, observing that adultery is no longer a criminal offence in view of the Supreme Court's decision in Joseph Shine v. Union of India. The Court further held that the disciplinary authority had dismissed the constable on a ground that was never part of the...

Jharkhand High Court Quashes Criminal Proceedings Against Hemant Soren Over 2014 Poll Speech

The Jharkhand High Court has quashed criminal proceedings against Chief Minister Hemant Soren arising out of his 2014 election campaign speech, holding that his remarks regarding the proposed amendment of the Chotanagpur Tenancy (CNT) Act, Santhal Parganas Tenancy (SPT) Act and labour laws did not constitute an offence under Section 125 of the Representation of the People Act, 1951. A...