Jharkhand High Court Weekly Round-Up: December 23 - December 29, 2024

Nominal Index [Citations: 2024 LiveLaw (Jha) 195 – 201]Irshad and Anr v. State of Jharkhand & Ors. 2024 LiveLaw (Jha) 195Mithilesh Chauhan V. The State of Jharkhand and Sunil Chaubey v/s The State of Jharkhand 2024 LiveLaw (Jha) 196M/s City Alloys Private Limited & Ors vs M/s Hari Om & Co. 2024 LiveLaw (Jha) 197Parvez Akhtar and Ors vs Tabish Ansari and Ors 2024 LiveLaw (Jha) 198 Ganesh Singh @ Nishant Singh vs State of jharkhand and others 2024 LiveLaw (Jha) 199Krishna Mistry @ Krishna Vishwakarma vs Baidyanath Prasad Yadav & Ors 2024 LiveLaw (Jha) 200National Insurance Co. Ltd vs Shaibun Nisha and Ors 2024 LiveLaw (Jha) 201Judgments/ Orders This WeekJharkhand HC Sentences Cops For Unlawful Arrest Of Flipkart Employees Over Alleged OTP Misuse, Says Arnesh Kumar Guidelines Were IgnoredCase Name: Irshad and Anr v. State of Jharkhand & Ors.LL Citation: 2024 LiveLaw (Jha) 195Recently, the Jharkhand High Court has charged two police officers with criminal contempt for unlawfully arresting two Instakart employees, in agency which acts as a logistics arm within the Flipkart Group of Companies, in violation of Supreme Court guidelines set out in Arnesh Kumar v. State of Bihar.A Division Bench comprising Chief Justice M.S. Ramachandra Rao and Justice Deepak Roshan observed, “There is a brazen disregard/violation of the principles laid down in Arnesh Kumar by Opposite Party No. 2 and Opposite Party No. 3.”Sole Witness's Testimony Can Form Basis Of Conviction And Sentence If It Is Wholly Reliable: Jharkhand High Court ReaffirmsCase Title: Mithilesh Chauhan V. The State of Jharkhand and Sunil Chaubey v/s The State of Jharkhand LL Citation: 2024 LiveLaw (Jha) 196In a recent judgement, the Jharkhand High Court has reiterated that a conviction and sentence can be based on the testimony of a solitary witness if it inspires confidence and is wholly reliable.Finding weight in the argument advanced on behalf of the appellants, the division bench of Justice Ananda Sen and Justice Gautam Kumar Choudhary observed, “I find weight in the argument advanced on behalf of the appellants that this is a case where the judgment of conviction and sentence cannot be returned on the basis of uncorroborated testimony of the informant (P.W. 2). Law is settled that in a case where the testimony of the solitary witness inspires confidence and it is wholly reliable, it can be the basis for passing a judgment of conviction and sentence". Amendment To Affidavit For Incorporating Statement Of Truth Impermissible: Jharkhand High CourtCase Name: M/s City Alloys Private Limited & Ors vs M/s Hari Om & Co. LL Citation: 2024 LiveLaw (Jha) 197The Jharkhand High Court has reiterated that an amendment to the affidavit in a commercial suit pleading, seeking to incorporate a statement of truth, is impermissible under the provisions of the Commercial Courts Act, 2015.The Court emphasised that the statement of truth must be filed in the prescribed format under Rule 15A of the Act, and cannot be amended by altering the affidavit annexed to the plaint.Justice Subhash Chand, presiding over the case, observed, “It is the settled law that the amendment can be made in pleadings which includes plaint and written statement and in view of settled propositions of law the applications in any proceeding as well. It was incumbent upon the learned court below that to provide opportunity to file the statement of truth i.e. affidavit in a prescribed form of the Rule-15A schedule in addition or in place of the general affidavit which was annexed with the plaint; but no amendment could have been allowed for the same in the affidavit.”Principle Of Res Judicata Bars Second Amendment Application Seeking Identical Reliefs: Jharkhand High CourtCase Title: Parvez Akhtar and Ors vs Tabish Ansari and OrsLL Citation: 2024 LiveLaw (Jha) 198 The Jharkhand High Court in a recent judgement has reiterated that an order passed at one stage of a proceeding bars the reconsideration of the same issue at a later stage.The Court placed reliance on the Apex Court's ruling in the case of Satyadhyan Ghosal v. Smt. Deorjin Debi (AIR 1960 SC 941), emphasising that a decision rendered earlier in a case precludes the reconsideration of the same matter in subsequent applications.Can't Curtail Or Play With A Citizen's Liberty By Detaining Him On Pretext Of Holding Fair Polls: Jharkhand High CourtCase Title - Ganesh Singh @ Nishant Singh vs State of jharkhand and others LL Citation : 2024 LiveLaw (Jha) 199Last week, the Jharkhand High Court observed that a person can't be detained on the grounds that the same is necessary for the proper conduction of Assembly Elections.“If this becomes a ground, then the same will amount to giving unbridled, uncanalised sweeping power to the administration to detain any person under the Act during the time of election, it will be nothing, but playing with the liberty of citizens,” a bench of Justice Anand Sen and Justice Pradeep Kumar Srivastava observed.The division...

Jharkhand High Court Weekly Round-Up: December 23 - December 29, 2024

Bhavya Singh

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