Entitlement To ACP/MACP Benefits Is Based On Completion Of Qualifying Service, Not On Additional Qualifications: Jharkhand HC

The Jharkhand High Court bench comprising Justice Ananda Sen held that under the ACP/MACP Schemes, financial upgradation must be granted on completion of regular service without insisting on additional qualifications. Further the subsequent government resolutions cannot retrospectively affect accrued service benefits. Background Facts The petitioner was appointed on 15.04.1980 in...

Interest Of 18% Can't Be Claimed In Arbitrations Commencing Before 2015 Amendment, When Award Specifies Particular Rate: Jharkhand HC

The Jharkhand High Court bench of Chief Justice M. S. Ramachandra Rao and Justice Deepak Roshan has held that interest at the default rate of 18% under unamended Section 31(7)(b) of the Arbitration and Conciliation Act, 1996 (Arbitration Act) cannot be claimed when the arbitral proceedings commenced before the 2015 amendment and the parties have not agreed to apply the amended provision....

Civil Judges Exam | Jharkhand HC Finds 3 Incorrect Answers In Revised Key; Orders Re-Computation Of Marks, Publishing Of Final Merit List

The Jharkhand High Court has found that three answers in the revised answer key released by the Jharkhand Public Service Commission (JPSC) for the preliminary examination to the post of Civil Judges (Junior Division) were demonstrably incorrect and contrary to established law and precedent.Referring to Supreme Court's judgement Kanpur University & Ors v. Samir Gupta & Ors, a...

After Jharkhand HC Nudge, State Govt Announces Advocates' Health Insurance Scheme, CM Hemant Soren Set To Inaugurate On May 3

The Jharkhand government has announced the launch of the Advocates Health Insurance Scheme under the Rajyakarmi Swasthya Bima Yojana on May 3 which will be inaugurated by Chief Minister Hemant Soren. As per an April 17 letter issued by the Jharkhand Advocates' Welfare Fund Trustee Committee the event will take place at Harivansh Tana Bhagat Indoor Stadium, Hotwar in Ranchi. The Chief...

Appellate Authority Must Set Aside Impugned Order While Remanding Back Matter And Fix Clear Timelines: Jharkhand High Court

The Jharkhand High Court has held that an appellate authority, while remanding a matter for fresh adjudication, should definitely set aside the impugned order and lay down clear timelines to prevent further delay in adjudication. Justice Gautam Kumar Choudhary, presiding over the case, observed, “When a case is remanded for the matter to be decided afresh, it was incumbent on the part of...

'Adivasi Not A Caste': Jharkhand High Court Quashes SC/ST Act FIR Against Govt Officer Accused Of Calling Woman 'Insane Adivasi'

The Jharkhand High Court quashed an FIR against a public servant for assaulting and using caste-based abuse against a woman, stating that a person cannot be treated as an SC/ST member unless their caste/tribe is specifically included in the Constitution (Scheduled Tribes) Order or the relevant Presidential notifications. Justice Anil Kumar Choudhary in his order held that in the absence of...

Legal Heir Not Liable For GST Dues Without Proof Of Business Continuity: Jharkhand High Court

The Jharkhand High Court has recently held that tax liability under the Central Goods and Services Tax (CGST) Act, 2017, cannot be extended upon a legal heir in the absence of evidence showing that the heir continued the business of the deceased proprietor. A Division Bench comprising Chief Justice M.S. Ramachandra Rao and Justice Rajesh Shankar while delivering the ruling clarified, “In...

Jharkhand HC Expresses Dissatisfaction With State On Timeline To Fill 15K Graduate School Teacher Posts Lying Vacant For Three Years

Expressing dissatisfaction with the State on the recruitment timeline for Graduate trained school teachers to teach Classes 6 to 8 in government schools, the Jharkhand High Court has directed reduction in timeline to bare minimum ensuring that in the present academic year teachers get appointed to the posts lying vacant for three years. A division bench comprising Chief Justice M. S....

Jharkhand High Court Weekly Roundup: April 14 - 20, 2025

Citations: 2025 LiveLaw (Jha) 31 To 2025 LiveLaw (Jha) 35NOMINAL INDEXM/s. Bokna Raiyat Rojgar Committee vs The Union of India 2025 LiveLaw (Jha) 31Reliance General Insurance Company Limited vs Lilmuni Madaiyan @ Lilmuni Madyan 2025 LiveLaw (Jha) 32M/s. BLA Infrastructure Private Limited Versus State of Jharkhand 2025 LiveLaw (Jha) 33The State of Jharkhand vs The State of Jharkhand 2025...

Mere Lack Of Property Description Or Proximity Of Testator's Death To Date Of Execution Of Will Not Sufficient To Invalidate Will: Jharkhand HC

The Jharkhand High Court has clarified in a recent judgement that suspicion surrounding the execution of a will cannot rest on vague claims. The Court also said that the validity of a will cannot be questioned merely because the testator passed away shortly after its execution or because the Will lacks specific property descriptions.Justice Gautam Kumar Choudhary, presiding over the case,...

Writ Petition By One State Department Against Another Not Maintainable: Jharkhand HC Rejects Plea Against Recognition Of 'Tamaria' As ST

The Jharkhand High Court has recently dismissed a plea against the Caste Scrutiny Committee report through which the “Tamaria” caste has been accepted as a sub-caste of the Munda caste and therefore brought under the Scheduled Tribe category. In doing so, the Court held that a writ petition filed by one department of the State against another department of the same State is...

GST Authorities Can't Deny Refund Of Pre-Deposit On Grounds Of Limitation, Violates Article 265: Jharkhand High Court

The Jharkhand High Court has held in a recent judgement that rejecting a refund claim for a statutory pre-deposit which has been made under Section 107(6)(b) of the GST Act, on the ground that the claim was filed after the 2-year limitation under Section 54(1), is legally unsustainable. The Division Bench comprising Chief Justice M.S. Ramachandra Rao and Justice Deepak Roshan stated, “There...