Summons cannot be issued against ‘a post’ in criminal cases, as it is not a juridical person: Jharkhand High Court
In the case at hand, criminal proceeding was initiated against the post of ‘Plant Head’ of a company.
Jharkhand High Court
“Apology is accepted; he deserves a chance”: Jharkhand High Court expunges contempt remarks against advocate over hooliganism in open Court
“Apology made by the petitioner in person has got no doubt in mind that contemner in the present case has given or tendered a sincere apology and has satisfied the Court of his undertaking to never repeat such an act again.”
Jharkhand High Court upholds ‘District-wise’ appointment of Chowkidar; rejects claims for ‘Beat-wise’ appointment
“Jharkhand Chowkidar Cadre Rules, 2015 (‘Rules 2015’) itself speaks that the appointment is to be made ‘District-wise’ and as such the petitioners are wrong in contending that the appointment should have been made ‘Beat-wise’. Otherwise also, the cadre of Chowkidar is district level.”
‘This is attack on entire judiciary’: Jharkhand High Court condemns hooliganism made in open Court by advocate upon rejection of anticipatory bail
“If he will be allowed to go scot free, message will go in the society that anything can be stopped to be delivered by a Judge for if such type of hooliganism is made in the open Court.”
‘Alimony not intended to penalize husband or wife but to ensure child’s well-being’: Jharkhand HC orders father to pay Rs 40 Lakh alimony for daughters
‘This Court treats it very seriously and condemns the conduct of the husband as on one hand, he has shown his bona fide intent to take care of his two daughters, who are aged about seventeen and twelve years respectively but on the other hand he did not disclose his income in figure.’
‘Failed to discharge his administrative functions properly’: Jharkhand HC sets aside demand notice issued by former District Mining Officer
If the administrative authority is calling upon the party concerned to explain the accusation of commission of any irregularity, then if the explanation is furnished, it is a bounded duty of the administrative authority to take decision on consideration of such explanation.
‘State’s action arbitrary to deny payment on flimsy grounds after getting work completed for PM’s Visit’: Jharkhand HC orders payment of dues within 10 weeks to contractor
‘It is not the petitioner’s concern as to how the work was allotted to him. He/she is in no manner responsible for floating or non-floating of the tender.’
‘University authorities cannot play with life of students’; Jharkhand HC orders BIT MESRA to pay Rs 20 Lakhs in dalit student death case
The College Administration has taken a very casual approach and has not paid any heed to the physical conditions and injuries sustained by the deceased-student. Had they treated him at the earliest by admitting him to a good, reputable hospital either in RIMS, Ranchi or at any private Hospital in Ranchi, his life could have been saved.
“Offence of cheating will not be made out unless deception is played since beginning”: Jharkhand HC quashes criminal proceedings u/s 406 and 420 IPC
Even if the entire allegations made against the petitioner are considered to be true in their entirety, the continuation of this criminal proceeding against the petitioner will amount to abuse of process of law.
Intra-court appeal not available to take new ground by making a totally new case: Jharkhand HC
“It is settled position of law that if there is no pleading having been taken before the writ court, then it is not available for the party concerned to come out totally with the new case for the purpose of scrutinising the order passed by the Single Judge on the basis of the document which was never been placed before the Single Judge for its consideration.”
Jharkhand High Court closes PIL on Hata-Tiring NH-220 road reconstruction upon completion of work
“The citizens have a fundamental right to use the roads, parks, and other public conveniences provided by the State. If the streets or footways are in bad condition, the citizens are deprived of the effective use of the same, thereby infringing their constitutional rights.”
Know why Jharkhand HC directed State Judicial Academy to impart extensive training to a Magistrate in bail matters
“These are the cases where personal liberty of the citizen is at stake. The Magistrate should very well be sensitized in these types of issues, especially about the judgments which relate and deal with personal liberty.”
Know why Jharkhand High Court ordered interim stay on investigation against Bokaro Steel Plant officials in a protester’s death
The Court passed an interim order directing the respondents not to proceed with the investigation of the FIR.
Jharkhand High Court directs JPSC to pay Rs 1 lakh to a Schedule Tribe candidate who was denied employment over a fee glitch
The candidate had scored 1st rank under the Scheduled Tribe category in the Assistant Professor exam for Nagpuri language.
‘Notice under Section 61 JGST Act cannot be issued for mere sale of goods at concessional rates’; Jharkhand High Court quashes GST-ASMT 10 notices
“We have no hesitation in declaring that notices issued under Section 61 to the respective writ petitioners are wholly without jurisdiction and are, accordingly, liable to be quashed/set aside by this Court.”
‘No tourism; No alcohol; No non-veg’; Inside Jharkhand HC’s decision on preserving the sanctity of Parasnath Hill
The Court ordered strict enforcement of the 2023 Office Memorandum issued by the Union of India under Section 5 of the Environment (Protection) Act, 1986 which recognized the sanctity of Parasnath Hill and its significance for the Jain community directing a ban on tourism and other activities.
Jharkhand HC declares S. 22-A of Registration Act introduced by 1991 Bihar Amendment Act, as unconstitutional
The Court relied upon the decision of the Supreme Court in a case where a similar amendment of by State of Rajasthan was held ultra vires Article 14 and Article 246 of the Constitution due to the doctrine of public policy being vague and uncertain.
‘Merely providing wrong policy number doesn’t rule out insurance company’s liability’; Jharkhand HC refuses relief to Reliance Insurance for carpenter’s death
“The claimants are not supposed to know the exact policy number, and they have gathered it from somewhere and produced it before the Motor Vehicle Accident Claim Tribunal.”
“‘Degree’ includes bachelor’s, master’s, and doctorate”; Supreme Court sets aside Jharkhand HC order disqualifying master’s degree holders for FSO Post
Supreme Court found no logic or rationale behind excluding candidates holding Master’s or Doctorate degrees in these subjects from claiming the post of FSO, as such an interpretation would have been unjust, arbitrary, and unconstitutional.
‘Retention of balance after assessing officer reduced the demand amounts to unjust enrichment’; Jharkhand HC orders refund of pre-deposit amount submitted during appeal proceedings
The Court stated that it failed to understand how the respondents could have retained the amounts deposited by the petitioner at the time of preferring the appeal and seeking stay of demand, after the appeal is decided, and matter is remitted back, and fresh assessment order is passed.