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The Jharkhand High Court held that where facts are disputed and official records contain discrepancies in an alleged custodial death, a judicial inquiry is mandatory to independently determine the truth and ensure accountability.
The Court held that eviction proceedings under the Jharkhand Building (Lease, Rent and Eviction) Control Act, 2011 lie exclusively within the jurisdiction of the Rent Controller/Sub-Divisional Officer and that the Commercial Courts Act, 2015 does not apply even where the property is used for trade or commerce.
The Court held that the offences involved in the case are not heinous offences nor does it constitute any offence of mental depravity rather the same relates to a petty private dispute between the parties. Due to the complete settlement between the petitioner and the respondent, the possibility of conviction of the petitioner was remote and bleak.
The Court placed reliance on well-established and acknowledged sources of the law as it prevails in the community which, at the cost of repetition, postulates that in the absence of a ghardamad or any other male heir directly related to the landowner, i.e. the male members of the family, the nearest male agnate will have the right in the property.
The Jharkhand High Court reinforces the principle that government departments are not entitled to special indulgence in limitation matters. Courts must protect private litigants from perpetual litigation caused by bureaucratic delays. The ruling sends a strong message that administrative lethargy cannot override statutory limitation periods.
“The criminal proceeding would put the petitioners to great oppression and prejudice and extreme injustice by not quashing the criminal proceeding despite full and complete settlement and compromise with the victim.”
Jharkhand High Court, in a petition concerning welfare measures for practising advocates, observed that State resolutions and budgetary allocations for health insurance were already in place, and held that the reliefs prayed for stood substantially worked out.
In exercise of the powers conferred by Article 124(2) of the Constitution, the President appointed Justice Shree Chandrashekhar, Chief Justice of the Bombay High Court, to be Judge of Supreme Court of India.
“A wife’s income or employment does not automatically disqualify her from receiving alimony, it is not an absolute rule. Courts determine maintenance based on the wife’s actual need compared to the lifestyle she enjoyed in her matrimonial home.”
The Court clarified that if the Court wants to reject the anticipatory bail, it may do so but the Court has no jurisdiction to say that the petitioner should now surrender.
“Such public roads are built and maintained through taxpayers’ funds. Therefore, there must be an equitable use of such roads, particularly by industries established for commercial gains.”
“There is no question of vesting any unfettered, untrammelled, or unchanneled discretion in the governmental authority, as the discretion must be exercised judiciously, after due application of mind and for the public good.”
“An order which is bad in the beginning, cannot be validated by any additional ground brought out later. The appellants cannot be allowed to raise a completely new ground to justify their action.”
“Considering the sensitivity of the issue, particularly the commission of rape of a female child aged about 12 years and thereafter her brutal murder, along with the lethargic attitude of the police, it was proper to take cognizance of the occurrence.”
“It is a settled principle of law that when a statute or law prescribes a specific procedure for an action, that procedure must be followed strictly, rendering other methods invalid.”
“Handling of biomedical substances demands meticulous oversight and strict adherence to scientific procedures and any administrative or institutional laxity in this sphere brings grave and irreversible consequences.”
“An advocate with over 40 years of legal practice is expected to show greater restraint, if not circumspection, as he is as much an officer of the Court as the Judge presiding over it.”
“The federal structure of our Constitution of India cannot be allowed to be destroyed and it is a duty of the High Court that once such type of matter is brought to the knowledge of the Court, the High Court is required to rise to the occasion.”
“What will happen in other cases where the parents of missing or trafficked children are themselves facing the rigors of trafficking of their own child and are not in a position to approach the Court.”
“She is entitled in law to lead a life in the similar manner as she would have lived in the house of her husband, as that is where the status and strata come into place, and that is where the obligations of the husband, in case of a wife, become prominent.”