Jharkhand High Court Weekly Round-Up: December 04 To December 10, 2023

Navin Kumar Sinha & Anr vs. State of Jharkhand & Anr 2023 LiveLaw (Jha) 142

Mahesh Minz & Ors vs The State of Jharkhand & Anr 2023 LiveLaw (Jha) 143

Sita Kumari vs. Bharat Coking Coal Ltd. and Ors 2023 LiveLaw (Jha) 144

Somen Chatterjee vs State of Jharkhand and Anr 2023 LiveLaw (Jha) 145

Munga Devi and ors. vs Kamla Devi 2023 LiveLaw (Jha) 146

Judgements/Orders This Week

Continuing Proceedings Against Accused Sans Established Criminality Is Abuse Of Process Of Law: Jharkhand High Court

Case Title: Navin Kumar Sinha & Anr vs. State of Jharkhand & Anr

LL Citation: 2023 LiveLaw (Jha) 142

The Jharkhand High Court in a recent ruling has ruled that if criminality is not established, allowing the continuation of criminal proceedings amounts to an abuse of the process of law.

Justice Sanjay Kumar Dwivedi observed, “Looking into the pendency of two partition suits filed by one of the co-sharer of the property, in which, the petitioners and the complainant are also parties in those partition suits, it appears that for civil wrong, criminal proceeding has been initiated against the petitioners.”

Locker Renting Agreement Can't Be Equated With 'Bailment' Between Hirer and Bank: Jharkhand High Court

Case Title: Mahesh Minz & Ors vs The State of Jharkhand & Anr

LL Citation: 2023 LiveLaw (Jha) 143

The Jharkhand High Court has ruled that renting a locker at a bank does not establish a bailment relationship between the locker hirer and the bank.

The Bench of Justice Sanjay Kumar Dwivedi observed, “In view of the above, it appears that the locker is the nature of agreement, in view of that the hiring agreement cannot be equated with the bailment. Furthermore the said operation of the locker was the agreement and the same can be terminated by a person in his favour the said locker is provided.”

Need To Assess Financial Condition Of Family Of Deceased, His Dependents Before Offering Compassionate Appointment: Jharkhand HC

Case Title: Sita Kumari vs. Bharat Coking Coal Ltd. and Ors

LL Citation: 2023 LiveLaw (Jha) 144

In a recent judgment, the High Court of Jharkhand ruled in favor of the married daughter of a deceased employee, allowing her to file an application for compassionate appointment. The court emphasized the primary objective of compassionate appointments, which is to provide support to bereaved families, preventing them from facing destitution.

Justice Gautam Kumar Choudhary observed, “Principles and object of compassionate appointment is to provide means of sustenance to the bereaved family on the loss of the sole bread earner, to prevent the family from vagrancy and destitution.”

'Putting Criminal Law In Motion Against Accused By Examining Only One Or Two Enquiry Witnesses Is Deprecated': Jharkhand HC

Case Title: Somen Chatterjee vs State of Jharkhand and Anr

LL Citation: 2023 LiveLaw (Jha) 145

In a recent ruling, the Jharkhand High Court quashed criminal proceedings against a petitioner after police exoneration, emphasizing the importance of thorough investigation before initiating legal action against an accused.

The petitioner had sought the quashing of criminal proceedings, including the order taking cognizance, related to a case pending in the Court of the learned S.D.J.M., Dhanbad. The charges involved offenses under Section 341/342/406/506/119/120B of the Indian Penal Code and under Section 3/4/5 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Order Passed On Application U/O XXII Rule 3 CPC Not Appealable U/O XLIII Rule 1 CPC Rather It Is A Revisable Order: Jharkhand HC

Case Title: Munga Devi and ors. vs Kamla Devi

LL Citation: 2023 LiveLaw (Jha) 146

The Jharkhand High Court has ruled that an order passed on an application under Order XXII Rule 3 CPC is not appealable under Order XLIII Rule 1 CPC; instead, it is considered a revisable order. For context, Order XXII Rule 3 CPC deals with the Procedure in case of the death of one of several plaintiffs or of the sole plaintiff. Order XLIII Rule 1 CPC deals with the right to appeal against certain orders.