Jharkhand High Court Archives

Apprehension in victim’s mind about use of criminal force by gesture sufficient; actual use of criminal force not required to attract Section 353 of IPC: Jharkhand HC upholds conviction

In the present case, there are concurrent findings that the accused persons abused the informant while he was discharging his duty in his office-cum-chamber and insulted him before public and subordinates. Further, the informant was pressurized to issue death certificate, which he was otherwise not agreeable to issue, after explaining the reasons.

Case Briefs High Courts

Jharkhand HC directs State to regularize services of a man appointed on daily wage and later contractual basis for utilizing his services from 2008

In violation of the constitutional mandate to make appointment on regular basis, the State of Jharkhand appointed the appellant on daily wage basis and subsequently, on contractual basis and were utilizing the services of the appellant. There was no valid explanation for the same.

Case Briefs Supreme Court

No disciplinary action can be taken post-retirement or after extended service period of delinquent employee: Supreme Court

“Where the disciplinary proceeding itself is without jurisdiction, upholding the same on the specious plea that it was not challenged on the ground of lack of jurisdiction would be tantamount to giving imprimatur to a patently illegal proceeding”

Case Briefs High Courts

‘Cases of this nature where provisions are grossly misused, genuine complaints goes into oblivion’; Jharkhand HC quashes criminal proceedings against man accused under SC/ST Act

In the present case, the petitioner has helped one lady against the allegation of incumbent sitting Chief Minister, which clearly suggests that maliciously the case was registered against the petitioner and the investigation was also made with pre-occupied mind.

Case Briefs High Courts

Mere allegations of close association with terrorist gang without specific evidence is insufficient; Jharkhand HC grants bail to UAPA accused

Mere presence of the antecedents will not lead to a presumption about the active involvement of the accused in any activity, without any material proof in support.

Case Briefs High Courts

‘No evidence to show that deceased was not bona fide passenger’; Jharkhand HC grants Rs. 8 lakh compensation to wife whose husband died after accidentally falling from running train

Even if the ticket was not recovered from his person while preparing the inquest report of the deceased, mere filing of the affidavit on behalf of the appellant was sufficient to raise the presumption that the deceased was bona fide passenger.

Know thy Judge

Know Thy Judge | Justice M.S. Ramachandra Rao, the 16th Chief Justice of High Court of Jharkhand

Sworn in as 16th Chief Justice of the High Court of Jharkhand on 25-09-2024, Justice M. S. Ramachandra Rao, a 3rd generation Judge, also served as Chief Justice of High Court of Himachal Pradesh.

Case Briefs High Courts

‘Contradictory versions and sketchy evidence’; Jharkhand HC sets aside conviction and death sentence of a man convicted for murder of his pregnant wife and 15-months-old child

The prosecution case has crumbled like a house of cards. Neither the circumstances have been proved which can lead to a conclusion that the accused was complicit in offence, nor any consistent prosecution version has come which can be relied upon.

Case Briefs High Courts

WhatsApp news group will come within domain of ‘any form of media’; Jharkhand HC dismisses petition to quash charges against Local MLA accused of disclosing identity of rape victim

It is alleged that the local MLA-the petitioner and his supporters visited Hospital to show their sympathy to the victim and her family member and after taking name, address and photograph of victim, it was sent to media and other organization from the petitioner’s mobile number.

Criminal Law Monthly Roundup August 2024

Legal RoundUp Topic-wise Roundup

Criminal Law Roundup August 2024 | Top Cases on Bail; Contempt of Court; Forceful religious conversions; LGBTQ Rights; and more

Criminal law discussions that unfolded at the Supreme Court and various High Courts in the month of August

Case Briefs High Courts

Appeal against Sessions Court order rejecting anticipatory bail in scheduled offences under NIA Act is maintainable before Division Bench of High Court: Jharkhand HC

The intention of the legislature is derived by considering the meaning of the words used in the statute, with a view to understand the purpose or object of the enactment, the mischief, and its corresponding remedy that the enactment is designed to actualise.

Case Briefs High Courts

Registering Authority debarred from examining nature of right, title and character in sale-deed presented for registration; cannot refuse to register sale deed: Jharkhand HC

If the sale-deed is duly executed and sufficiently stamped and there is no legal or formal defect, the Registering Authority cannot refuse to register the deed.

Case Briefs High Courts

Identification in Test Identification Parade is not substantive evidence; any irregularity in it will by itself does not erode evidentiary value of identification in Court: Jharkhand HC

Any irregularity committed during investigation could not be the sole ground to discard the prosecution case in its entirety, if it was otherwise proved by other cogent and reliable evidence.

Legal RoundUp Topic-wise Roundup

Criminal Law Roundup July 2024 | Updates on cases related to quashing of proceedings, wrongful detention, bail, and more

Read July’s share of criminal law discussions at the Supreme Court and various High Courts

Case Briefs High Courts

Not necessary to prove motive behind offence, when eyewitness testimony is credible: Jharkhand HC upholds conviction

The Court stated that admittedly, the death is homicidal, and the doctor also found that the cause of death is injury, which was inflicted upon the deceased persons. Therefore, the ocular evidence corroborates with the medical evidence.

Case Briefs High Courts

District Magistrate not adjudicating authority under SARFAESI Act; only duty to assist secured creditor in taking possession of property: Jharkhand HC

The Court stated that by delaying the disposal of the application filed by the petitioner, the District Magistrate is frustrating the intent of law, which should not be.

High Court Round Up Legal RoundUp

HIGH COURT JULY 2024 WEEKLY ROUNDUP | Stories on Reliance; Rights of Disabled Persons; NEET UG 2024; Organ trafficking; Bhopal Gas Tragedy and more

A quick legal roundup to cover important stories from all High Courts this week.

High Court Round Up Legal RoundUp

HIGH COURT JULY 2024 WEEKLY ROUNDUP | Stories on Briar App; Internet Gaming Disorder; Dalai Lama; Centipede in Amul Ice-cream and more

A quick legal roundup to cover important stories from all High Courts this week.

Case Briefs High Courts

Private complaint regarding doctor’s rashness or negligence cannot be entertained, unless accompanied by credible opinion of another doctor: Jharkhand HC

The Court stated that allowing the proceedings to continue will amount to an abuse of the process of law.

Case Briefs High Courts

Jharkhand HC refers contempt case against Advocate General and Additional Advocate General to larger bench for clarification in procedure to be adopted in contempt proceedings

The Court stated that when a decision of a coordinate bench of the same High Court is brought in notice, it is to be respected and is binding to the Bench of such co-equal strength. For taking a different view, it is required to refer the question to the larger bench, as it is the only course of action open to a Bench of a co-equal strength.