Jharkhand High Court Weekly Roundup: April 29 - May 5, 2024

Nominal Index [Citations: 2023 LiveLaw (Jha) 64-71]Anvil Cables Pvt. Ltd. v. State of Jharkhand and Ors. 2024 LiveLaw (Jha) 64Bapi Namta @ Baapi Namta v. The State of Jharkhand 2024 LiveLaw (Jha) 65Munna Sao v. State of Jharkhand 2024 LiveLaw (Jha) 66Hemant Soren v. Directorate of Enforcement 2024 LiveLaw (Jha) 67Hemant Soren v. Directorate of Enforcement & Anr. 2024 LiveLaw (Jha) 68K. Kannan and Anr vs The State of Jharkhand and Anr. 2024 LiveLaw (Jha) 69Deepak Dokania vs The State of Jharkhand 2024 LiveLaw (Jha) 70Birsa Agricultural University vs State of Jharkhand 2024 LiveLaw (Jha) 71Judgements/Orders This WeekUnjust Retention Of Money Or Property Of Another Is Against Fundamental Principles And Patently Illegal: Jharkhand HC Imposes Rs 5 Lakh Penalty On JBVNL, Directs Board To Refund TDSCase Title: Anvil Cables Pvt. Ltd. v. State of Jharkhand and Ors.LL Citation: 2024 LiveLaw (Jha) 64The Jharkhand High Court has held that any unjust withholding of money or property from another party goes against the fundamental principles of justice, fairness, and good conscience. In this context, the unauthorized deductions made from the ongoing bills are unquestionably unlawful.Furthermore, the Court has imposed a substantial penalty of Rs 5 Lacs on the Managing Director of Jharkhand Bijli Vitran Nigam Limited (JBVNL) for engaging in unnecessary litigation and presenting frivolous defenses.[Kidnapping] No Conviction Possible U/S 364A IPC Sans Evidence Suggesting Application Of Force Or Adoption Of Deceitful Means By Accused: Jharkhand HCCase Title: Bapi Namta @ Baapi Namta v. The State of JharkhandLL Citation: 2024 LiveLaw (Jha) 65The Jharkhand High Court has overturned the conviction of an accused, ruling that the prosecution failed to demonstrate any deceitful means or inducement by the accused that compelled the deceased to relocate.The Court emphasized that in the absence of foundational elements, an accused cannot be found guilty under Section 364 of the Indian Penal Code.Taking Or Enticing Minor Out Of Guardian's Keeping Without Their Consent Amounts To Kidnapping; Minor's Consent Immaterial: Jharkhand HCCase Title: Munna Sao v. State of JharkhandLL Citation: 2024 LiveLaw (Jha) 66The Jharkhand High Court has ruled that escorting a minor girl to different places constitutes enticing, thus resulting in a conviction for kidnapping under Section 363 of the Indian Penal Code. It held that regardless of the minor's consent, taking or enticing the minor without their guardians consent would tantamount to kidnapping.Justice Gautam Kumar Choudhary, presiding over the bench, set aside the conviction under Section 366A for procuration, but instead convicted the appellants under Section 363 for kidnapping.Jharkhand HC Allows Ex-CM Hemant Soren To Attend Uncle's Last Rites In Police Custody, Rejects Interim Bail PleaCase Title: Hemant Soren v. Directorate of EnforcementLL Citation: 2024 LiveLaw (Jha) 67Today, the Jharkhand High Court rejected the interim bail plea of former Chief Minister Hemant Soren, who is currently in jail. However, the High Court has granted him permission to participate in the last rites ceremonies of his late uncle, Raja Ram Soren.In his application, Soren prayed for grant of provisional bail in connection with an ECIR Case registered under Section 3 of the Prevention of Money Laundering Act, 2002 on account of the demise of his uncle whose last rites will take place at village Nemra, Gola, District Ramgarh. 'Can't Wriggle Out Of Mess By Citing Political Vendetta': Jharkhand HC Dismisses Hemant Soren's Plea Against ED ArrestCase Title: Hemant Soren v. Directorate of Enforcement & Anr.LL Citation: 2024 LiveLaw (Jha) 68The Jharkhand High Court, in its dismissal of the writ petition filed by former Jharkhand Chief Minister Hemant Soren challenging his arrest by the Enforcement Directorate (ED) in the Land 'Scam' case, asserted that he “cannot wriggle out of the mess he created for himself” by raising “bogey of political vendetta.”The division bench comprising Acting Chief Justice Chandrashekhar and Justice Navneet Kumar, while rejecting Soren's plea, observed, "The recovery of huge cash from his Delhi residence is not denied by the petitioner and the excuse of the illness of his parents for keeping more than 36 lacs in cash prima facie looks untenable. In this state of affairs, by raising a technical plea the petitioner cannot wriggle out of the mess he created for himself. Like the last resort to a losing litigant, an anxious petitioner has raised the bogey of political vendetta."Limitation To File Complaints Under Factories Act Is Strictly 3 Months, There Is No Provision For Condonation: Jharkhand High CourtCase Title: K. Kannan and Anr vs The State of Jharkhand and Anr.LL Citation: 2024 LiveLaw (Jha) 69The Jharkhand High Court single bench of Justice Sanjay Kumar Dwivedi held that the period of limitation under the Factories Act is strictly 3 months from either the date of the offence or the date on ...

Jharkhand High Court Weekly Roundup: April 29 - May 5, 2024

Bhavya Singh

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