Jharkhand High Court Weekly Roundup: July 29 - August 4, 2024

Nominal Index [Citations: 2023 LiveLaw (Jha) 125-134]Khageshwar Rana V. Smt. Sundri Devi 2024 LiveLaw (Jha) 125Mahendra Prasad Singh V. Ratan Ram 2024 LiveLaw (Jha) 126Noor Islam vs The State of Jharkhand 2024 LiveLaw (Jha) 127 Mosomat Dukho Orain V. Sheikh Khalil 2024 LiveLaw (Jha) 128M/s Aditya Enterprises and Ors vs The State of Jharkhand and Ors 2024 LiveLaw (Jha) 129Mithun Nonia @ Mithun Mahto V. The State of Jharkhand 2024 LiveLaw (Jha) 130Rohit Chaudhary V. The State of Jharkhand 2024 LiveLaw (Jha) 131Bholu Singh @ Bhu Kumar Singh @ Bholu Kumar Singh V. The State of Jharkhand 2024 LiveLaw (Jha) 132Sudesh Rakesh Tirkey V. The State of Jharkhand 2024 LiveLaw (Jha) 133Sanjeeda Begam V. Md Eqbal 2024 LiveLaw (Jha) 134Judgements/Orders This WeekS. 152 CPC | Clerical, Arithmetical Mistakes Can Be Rectified In Judgment And Decree: Jharkhand High CourtCase Title: Khageshwar Rana V. Smt. Sundri DeviLL Citation: 2024 LiveLaw (Jha) 125The Jharkhand High Court has held that in accordance with Section 152 of the Code of Civil Procedure, clerical and arithmetical mistakes can be rectified in judgements and decrees. Justice Subhash Chand presiding over the case, observed, “In view of Section 152 of the Code of Civil Procedure, the clerical and arithmetical mistake can be rectified the judgment and decree as well. The learned Trial Court has committed illegality by refusing the application for amendment of the petitioner-plaintiff up to the extent of correction of the plot number and are as well, which sought to be corrected in view of the details of the property as shown in the plaint.”Execution Of Sale Deed Must Be Proved By Witnesses Or Parties Before Being Marked As Exhibit In Trial: Jharkhand High CourtCase Title: Mahendra Prasad Singh V. Ratan RamLL Citation: 2024 LiveLaw (Jha) 126The Jharkhand High Court has held that while a sale deed is initially a private document, it becomes a public document upon registration with the Registrar. However, for the sale deed to be marked as exhibited in a trial, its execution must be proven by witnesses or parties involved in the sale deed.Justice Subhash Chand presiding over the case observed, “The sale deed is the private documents though after registration in the office of Registrar it become public document. But unless and until the execution of the sale deed is proved by the witnesses of the sale deed or the parties to the sale deed the exhibit on the same cannot be marked.”'Unshaken Testimony': Jharkhand High Court Confirms Murder Conviction Despite Trial Court Not Questioning 11-Yr-Old Witness' CompetencyCase Title: Noor Islam vs The State of JharkhandLL Citation: 2024 LiveLaw (Jha) 127The Jharkhand High Court has upheld the conviction of a man for the murder of his wife, despite the trial court's failure to verify the competency of an eleven-year-old child witness. The High Court presided over by the division bench of Justices Ananda Sen and Subhash Chand, noted that Jasmira Khatoon's testimony remained rational and consistent even though the trial court did not evaluate her suitability as a witness.O.VIII R.1 CPC | Filing Written Statement Within Maximum Period Of 90 Days Is Directory Not Mandatory: Jharkhand High CourtCase Title: Mosomat Dukho Orain V. Sheikh KhalilLL Citation: 2024 LiveLaw (Jha) 128The Jharkhand High Court has ruled on the procedural aspect of filing written statements under Order VIII Rule 1 of the Civil Procedure Code (CPC), emphasising that the time limits prescribed are meant to expedite proceedings rather than obstruct them. The Court clarified that while the standard time frame for filing a written statement is 30 days from the service of notice, the trial court can extend this period by an additional 60 days if justified.Deputy Commissioner Lacks Power To Initiate Confiscation Proceeding: Jharkhand High Court Declares Rule 11(V) Ultra Vires To Mines & Minerals ActCase Title: M/s Aditya Enterprises and Ors vs The State of Jharkhand and OrsLL Citation: 2024 LiveLaw (Jha) 129The Jharkhand High Court has ruled that Deputy Commissioners in each district lack the authority to initiate and decide confiscation proceedings under the Jharkhand Mineral (Prevention of Illegal Mining, Transport and Storage) Rules, 2017.This decision, made by a division bench comprising Justice Anand Sen and Justice Subhash Chand, deems Rule 11(V) of the Jharkhand Mineral Rules, 2017, as ultra vires to the Mines and Minerals (Development and Regulation) Act, 1957 (parent Act).Difficult To Enforce Unrealistically High Maintenance Amount To Be Paid By Spouse Employed In Unorganized Sector: Jharkhand High CourtCase Title: Mithun Nonia @ Mithun Mahto V. The State of JharkhandLL Citation: 2024 LiveLaw (Jha) 130The Jharkhand High Court has held that awarding unrealistically high maintenance in cases involving individuals employed in the unorganised sector can lead to difficulties in realising the maintenance amount.In the case at hand, an order of maintenance was passed,...

Jharkhand High Court Weekly Roundup: July 29 - August 4, 2024

Bhavya Singh

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