Jharkhand High Court Weekly Round-Up: March 11 - March 17, 2024

Nominal Index [Citations: 2023 LiveLaw (Jha) 38-43] National Insurance Company Ltd. Vs Ratan Devi 2024 LiveLaw (Jha) 38Mohidul Sk vs The State of Jharkhand 2024 LiveLaw (Jha) 39Jageshwar Ravidas and Anr vs The State of Jharkhand 2024 LiveLaw (Jha) 40Hosco Pvt. Ltd. vs Jharkhand Medical & Health Infrastructure Development & Procurement Corporation Ltd and Ors 2024 LiveLaw (Jha) 41M/s Aditya and Rashmi Construction Pvt. Ltd. vs The State of Jharkhand and Ors 2024 LiveLaw (Jha) 42Sahodar Mahto Vs The State of Jharkhand 2024 LiveLaw (Jha) 43Judgements/Orders This WeekIn Case Of Composite Negligence Injured Person Has Choice To Claim Whole Damage Against All Case Title: National Insurance Company Ltd. Vs Ratan Devi LL Citation: 2024 LiveLaw (Jha) 38Or Any Of The Wrongdoers: Jharkhand High Court Case Title: National Insurance Company Ltd. Vs Ratan Devi LL Citation: 2024 LiveLaw (Jha) 38The Jharkhand High Court has ruled that in instances of composite negligence resulting in harm or death to an individual by two or more wrongdoers, whether they act jointly or independently, they bear joint and several liability. In such cases, the injured party retains the option to seek full compensation from any or all of the negligent parties involved, given the nature of composite negligence, the Court further observed.Justice Subhash Chand observed, “From the averment made in the claim petition and also the evidence on record, oral and documentary, it was a case of composite negligence and in case of a composite negligence where the damage or death is caused to any person by two or more wrongdoers, they may be either joint or independent tort-feasors, they are jointly and severely liable. Injured person has the choice to claim whole damage against all or any of them since it is a case of composite negligence.”Consent Not Coerced: Jharkhand High Court Overturns Rape Conviction After 12 YearsCase Title: Mohidul Sk vs The State of Jharkhand LL Citation: 2024 LiveLaw (Jha) 39After a 12-year period, the Jharkhand High Court overturned a trial court's conviction order in a rape case, allowing an appeal filed by the accused.Court observed that in the instant case there had been an ongoing physical relationship between the appellant and the victim for approximately six months, and it was only after the victim became pregnant that the matter was brought to light.Moreover, upon reviewing the evidence, the Court concluded that the relationship between the appellant and the victim was consensual, leading to pregnancy before the case was officially reported.[S.304 IPC] Nature Of Injury Shows Intention/ Knowledge Of Assailant To Cause Death, Difficult To Ascertain It Sans Postmortem Report: Jharkhand HCCase Title: Jageshwar Ravidas and Anr vs The State of JharkhandLL Citation: 2024 LiveLaw (Jha) 40The Jharkhand High Court, in partly allowing a criminal appeal related to a 27-year-old murder case, noted that the intention of an assailant can be discerned from the nature of the injury inflicted, and without sufficient evidence of such intention, it becomes challenging to establish that the assailant had the requisite intent to cause death.Justice Gautam Kumar Choudhary observed, “After having considered the submissions advanced on behalf of both sides and the materials on record, I find force in the argument advanced on behalf of the appellants that in absence of proof of postmortem examination report, when the nature of ante-mortem injury has not been proved, it is difficult to ascertain the intention or knowledge of the assailant to cause death.”'Life-Saving Medical Device': Jharkhand HC Emphasizes Quality Over Price In Tender For Defibrillators, Says Pricing Can't Be Sole Criterion For Successful BidCase Title: Hosco Pvt. Ltd. vs Jharkhand Medical & Health Infrastructure Development & Procurement Corporation Ltd and Ors LL Citation: 2024 LiveLaw (Jha) 41In a recent ruling, the Jharkhand High Court dismissed a writ petition filed by Hosco Pvt. Ltd. while firmly emphasizing that price alone cannot be the determining factor in awarding a contract. Furthermore, it was ruled that a tenderer lacking technical qualifications does not have standing to challenge the tender process.The Court also held that judgments made by expert committees must not be subject to scrutiny by courts and in cases involving tenders, the focus should solely be on the decision-making process rather than the perceived validity of the decision itself.Question Of Liquidated Damages Would Arise Only When The Contract Is Terminated On Account Of Breach Of The Terms And Conditions Of The Contract: Jharkhand High CourtCase Title: M/s Aditya and Rashmi Construction Pvt. Ltd. vs The State of Jharkhand and Ors LL Citation: 2024 LiveLaw (Jha) 42The Jharkhand High Court has ruled that the matter of liquidated damages comes into play specifically when a contract is terminated due to a breach of its terms and conditions, and moreover, if the termination of the contract itself is...

Jharkhand High Court Weekly Round-Up: March 11 - March 17, 2024

Bhavya Singh

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