S.498A IPC | Scolding Daughter-In-Law For Placing Food Pot On Ground Is Not Cruelty: Jharkhand High Court

The Jharkhand High Court has set aside the conviction of a mother-in-law under Section 498A of the Indian Penal Code, holding that the prosecution failed to establish the statutory ingredients of cruelty where the allegation against her was limited to abusing her daughter-in-law after she placed a pot of treacle on the ground. Allowing the appeal, the Court held that the trial court had erred...

Bhang Doesn't Fall Within Definition Of 'Cannabis (Hemp)' Under NDPS Act: Jharkhand High Court

The Jharkhand High Court has held that possession of bhang does not constitute an offence under the Narcotic Drugs and Psychotropic Substances Act, 1985, as it is excluded from the statutory definition of “cannabis (hemp)” under Section 2(iii) of the Act. Setting aside the conviction of the appellant under the NDPS Act, the Court held that once the Forensic Science Laboratory (FSL)...

12-Year Possession Before Santhal Pargana Tenancy Act 1949 Act Must Be Proved To Resist Eviction: Jharkhand High Court

The Jharkhand High Court has held that a person claiming rights over land on the basis of a Kurfanama must establish twelve years' possession prior to the coming into force of the Santhal Pargana Tenancy (Supplementary Provision) Act, 1949 to resist eviction under the Act.The Court further held that a Kurfanama which does not satisfy the requirements under the Tasdik Niyamawali cannot be...

PIL In Jharkhand High Court Challenges NHRC Circular Withdrawing Mandatory Judicial Inquiry Into Custodial Deaths, Rapes

A Public Interest Litigation (PIL) has been filed before the Jharkhand High Court challenging a National Human Rights Commission (NHRC) circular which withdrew its earlier direction mandating judicial inquiries in every case of custodial death, disappearance and rape.The PIL seeks quashing of the NHRC's Circular dated May 14, 2024, which declared that the Commission's earlier circular...

No Fetter On Trial Court's Power To Alter Charges Merely Because Prosecution Moved Application U/S 216 CrPC: Jharkhand High Court

The Jharkhand High Court has held that although neither the prosecution nor the accused has a vested right to seek alteration or addition of charges under Section 216 of the Code of Criminal Procedure, the trial court's power to do so is not curtailed merely because the issue is brought to its notice through an application filed by either party. The Court observed that the power under Section...

State Disability Commissioner Has No Jurisdiction To Adjudicate Land Disputes Between Private Parties: Jharkhand High Court

The Jharkhand High Court has held that the State Disability Commissioner has no jurisdiction to adjudicate disputes relating to title over immovable property between private parties. The Court observed that while the Rights of Persons with Disabilities Act, 2016 confers certain powers of a civil court upon the Commissioner for the purpose of conducting inquiries under the Act, it does not...

Mother Can't Consent To Son's DNA Test Once He Attains Majority During Pendency Of Matrimonial Case: Jharkhand High Court

The Jharkhand High Court has held that where a child attains majority during the pendency of matrimonial proceedings, the mother ceases to have the authority to consent to a DNA test on the child's behalf. The Court observed that an adult child, who is not a party to the proceedings, cannot be compelled to undergo a DNA test and no adverse inference can be drawn against the mother if the...

“Taking Tea And Biscuits Home Didn't Warrant Dismissal After 17 Years' Service”: Jharkhand High Court Orders Reinstatement Of Peon

The Jharkhand High Court has ordered the reinstatement of a contractual peon who was dismissed after allegedly taking tea and biscuits from his office, holding that the punishment was grossly disproportionate to the alleged misconduct. The Court observed that the disciplinary proceedings also stood vitiated as the employee was served with a vague show-cause notice and his reply was...

School Management Dispute Between Two Lawyers: Jharkhand High Court Grants Anticipatory Bail To Advocate

The Jharkhand High Court has granted anticipatory bail to an advocate accused of financial irregularities and forgery in the management of a school, in a case instituted by a fellow lawyer practising before the High Court.A Single Judge Bench of Justice Sanjay Kumar Dwivedi was hearing an anticipatory bail application filed in connection with Jagarnathpur P.S. Case No. 314 of 2017,...

Jharkhand High Court Suggests Amending Compensation Scheme For Male Acid Attack Victims, Enhances Survivor's Compensation To ₹15 Lakh

The Jharkhand High Court has observed that the State must consider revisiting the compensation payable to male acid attack victims under the Jharkhand Victim Compensation Scheme, 2016, noting the significant disparity between the compensation available to male victims and that available to female victims under the 2019 amendment scheme.A Division Bench of Justice Rongon Mukhopadhyay and...

Jharkhand High Court Directs Judicial Probe Into Alleged Custodial Death In Palamu, Seeks Inquiry U/S 196(2) BNSS

The Jharkhand High Court has ordered a judicial inquiry into allegations of custodial torture leading to the death of a man in Palamu district. The Court was hearing a contempt petition alleging violation of the safeguards laid down by the Supreme Court in D.K. Basu v. State of West Bengal.A Division Bench of Justice Sujit Narayan Prasad and Justice Anubha Rawat Choudhary observed that...

Disability Rights PIL Maintainable Despite Bar On Service Matters; Such Issues Require 'Enhanced Sensitivity': Jharkhand High Court

The Jharkhand High Court has held that a Public Interest Litigation concerning disability rights and recruitment processes is maintainable despite the general bar against entertaining PILs in service matters, observing that issues concerning persons with disabilities require “enhanced sensitivity.”A Division Bench comprising Chief Justice M.S. Sonak and Justice Rajesh Shankar was...