Jharkhand High Court Weekly Round-Up: January 08 To January 14, 2024

Nominal Index [Citations: 2024 LiveLaw (Jha) 1-8]Rahul Yadav @ Hari Kumar Yadav, vs. The State of Jharkhand & Anr 2024 LiveLaw (Jha) 1Gautam Kumar Banarjee vs. Dr. C.P. Vidyarthi & Anr 2024 LiveLaw (Jha) 2Steel Authority of India Ltd vs. The State of Jharkhand and others 2024 LiveLaw (Jha) 3CTET Utteern Abhiyarthi Sangh vs. State of Jharkhand 2024 LiveLaw (Jha) 4Branch Manager, Bajaj Allianz General Insurance vs. Binita Toppo and others 2024 LiveLaw (Jha) 5Satyendra Singh Kushwah vs The State of Jharkhand and Anr 2024 LiveLaw (Jha) 6Manoj Kumar @ Manoj Sao vs The State of Jharkhand and Anr 2024 LiveLaw (Jha) 7Rina Kumari vs The State of Jharkhand and Ors 2024 LiveLaw (Jha) 8Judgements/Orders This WeekPOCSO Act | Repeatedly Following, Watching Or Contacting Child With Sexual Intent Amounts To Sexual Harassment : Jharkhand High CourtCase Title: Rahul Yadav @ Hari Kumar Yadav, vs. The State of Jharkhand & Anr LL Citation: 2024 LiveLaw (Jha) 1The Jharkhand High Court has ruled that engaging in persistent acts of following, watching, or contacting a child with sexual intent constitutes sexual harassment under Section 11(4) of the Protection of Children from Sexual Offences Act, 2012.Justice Subhash Chand observed, “In the FIR itself, it has been stated that the minor victim girl of the informant was sexually harassed by the teacher of the school he used to tease her. He was also having evil eye so the complaint was made against him to the Principal of the school and he was removed from the post of teacher from that school. Thereafter, he had threatened to see them.”MACT Can't Disbelieve Claimant's Testimony Regarding Monthly Income In Absence Of Rebuttal Evidence By Opposing Party: Jharkhand High CourtCase Title: Gautam Kumar Banarjee vs. Dr. C.P. Vidyarthi & Anr LL Citation: 2024 LiveLaw (Jha) 2The Jharkhand High Court has observed that a Motor Accident Claim Tribunal is not entitled to discredit the sworn testimony of a claimant regarding their income unless there is counteracting evidence presented by the opposing party.Justice Pradeep Kumar Srivastava observed, “It appears that learned tribunal while deciding the income of the claimant failed to take into notice the evidence on oath of the claimant and there was no rebuttal evidence from opposite parties to cast any doubt in respect of monthly income of the claimant.”Heavy Earth Moving Vehicles Under MVA Can Only Be Driven By Licensed Individuals: Jharkhand High Court Case Title: Steel Authority of India Ltd vs. The State of Jharkhand and others LL Citation: 2024 LiveLaw (Jha) 3The Jharkhand High Court has ruled that registration of mining equipment, including drill masters and dumpers is mandatory under the Motor Vehicles Act. However, the Court has further said that the issue of whether a vehicle is taxable or not will depend upon the test as to whether the vehicle is proposed to be used for transporting goods from one place to another.Residents Who Cleared CTET & TET Exams From Neighboring States Allowed To Apply For Teacher Appointment Process In Jharkhand: High CourtCase Title: Jharkhandi CTET Utteern Abhiyarthi Sangh vs. State of Jharkhand LL Citation: 2024 LiveLaw (Jha) 4In a significant ruling, the Jharkhand High Court has granted permission to residents of Jharkhand who had successfully cleared the Central Teacher Eligibility Test (CTET) and Teacher Eligibility Test (TET) from neighboring states to participate in the recruitment examination for Assistant Teacher positions in Jharkhand.The Court passed such a direction upon noting that Jharkhand had not held CTET or TET exams in many years, and further directed the State to conduct such exams every year.[MV Act] Insurer Charging Additional Premium For Employee Can't Deny Liability To Compensate For Hired Driver's Death Citing Negligence: Jharkhand HCCase Title: Branch Manager, Bajaj Allianz General Insurance vs. Binita Toppo and othersLL Citation: 2024 LiveLaw (Jha) 5In an important order, the Jharkhand High Court has held that an insurance agency is liable to pay compensation for a motor vehicle accident claim for a hired driver in the event of his death, even if the accident is caused due to the driver's negligence. This liability arises once the insurer has accepted additional premium to cover indemnity of vehicle owner.Justice Pradeep Kumar Srivastava observed, “In view of the above discussion and reasons, I am of the definite opinion that the insurance company is liable to pay the compensation for a Motor Vehicle Accident claim for a hired driver in the event of his death, even if the accident is caused due to negligence of the driver. This liability arises once the insurer has accepted additional premium to cover the liability of paid employee and to indemnify the vehicle's owner.”CGST Act | Jharkhand High Court Quashes Criminal Proceedings For Noncompliance With GST Summons Under Section 70Case Title: Satyendra Singh Kushwah vs The State of Jharkhand and Anr LL Citation: 2024 LiveLaw (Jha)...

Jharkhand High Court Weekly Round-Up: January 08 To January 14, 2024

Bhavya Singh

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