If SCN Is Issued Without GST Authority's Signature, Demand Order Can't Be Saved Even If It Is Signed: Jharkhand High Court

The Jharkhand High Court has made it clear that an order raising GST demand cannot be saved even if it is properly authenticated by the issuing authority, if the show cause notice preceding it was not signed.A division bench of Chief Justice M.S. Ramachandra Rao and Justice Rajesh Shankar was dealing with a Petitioner's grievance that Form GST DRC-01A issued to him under section 73(1) of...

'Unfortunate And Unwarranted': Jharkhand High Court Criticizes Magistrate For Ignoring SC Guidelines On Personal Liberty, Orders Training

The Jharkhand High Court has voiced serious concerns in a case arising out of a complaint, where the Magistrate failed to follow the guidelines laid down by the Supreme Court regarding personal liberty and bail procedures. The bench observed with disappointment that despite conducting sensitivity programs by the Jharkhand Judicial Academy, some magistrates continue to remain unaware of the...

Jharkhand High Court Stays Probe In FIR Against Bokaro Steel Plant's Senior Officials Accused Of Protestor's Murder

The Jharkhand High Court in an interim order stayed investigation against senior officials of Bokaro Steel Plant in relation to an FIR registered in connection with a protest which allegedly turned violent, leading to the death of one of the protestors. The FIR was filed against the Director In-Charge and the Executive Director (P&A) of the Bokaro Steel Plant. The FIR was registered...

Rahul Gandhi Moves Jharkhand High Court Against Non-Bailable Warrant Issued In 2018 Defamation Case Involving Amit Shah

Congress leader Rahul Gandhi has reportedly moved the Jharkhand High Court against a non-bailable warrant issued by a court in Chaibasa to appear in person, in connection with a defamation case pertaining to his alleged remarks on Union Home Minister Amit Shah. As per a news report of The Hindu, the Congress leader has prayed for the high court to quash the warrant issued in May. Notably,...

SC Collegium Recommends Appointment Of New Chief Justices In Five High Courts

The Supreme Court Collegium has recommended the appointment of Justice Sanjeev Sachdeva, Judge of the MP High Court ( parent HC : Delhi High Court), as the Chief Justice of the Madhya Pradesh High Court.Justice Vibhu Bakhru, Delhi High Court Judge, has been recommended as the Chief Justice of the Karnataka High Court.Also, Justice Ashutosh Kumar of Patna High Court has been recommended as...

Delay In Reinstatement After Tribunal Award, Employer Can't Deny Pension For The Delayed Period : Jharkhand Hc

The Jharkhand High Court bench comprising of Justice Rajesh Shankar, while deciding an appeal held that an employer cannot deny pension benefits on the ground of insufficient service period or contribution if the delay in reinstatement following a tribunal award was due to the employer's own fault. Background Facts The respondent was appointed in Barora Area of M/s BCCL...

Policy Changes Before Appointment Can't Be Challenged As No Vested Right Exists Prior To Issuance Of Appointment Letter : Jharkhand HC

A Division bench of the Jharkhand High Court comprising of Justice Sujit Narayan Prasad and Justice Pradeep Kumar Srivastava held that a candidate cannot challenge a policy change made prior to the appointment as no vested or accrued right arises from an advertised pay scale unless an appointment letter is issued. Background Facts The Jharkhand Staff Selection Commission...

Jharkhand High Court Strikes Down State Amendment To Registration Act Allowing Govt To Quash Any Registration On Ground Of Public Policy

Referring to a 20-year old Supreme Court decision which struck down an amendment made by Rajasthan government to the Registration Act empowering the state to set aside any registration on the ground of public policy, the Jharkhand High Court struck down a similar provision introduced by erstwhile Bihar government. The high court was considering a plea challenging vires of the Section 22-A of...

Jharkhand High Court Distributes Tablet Devices To 496 Judicial Officers To Boost Digital Efficiency

In a significant move aimed strengthening the digital infrastructure of the judiciary, the Jharkhand High Court has distributed Samsung Galaxy Tablet devices to 496 judicial officers serving in various civil courts across the state of JharkhandThis initiative was undertaken on the recommendation of the Computer and Digitization Committee of the High Court of Jharkhand and approved by the...

Sale Of Goods At Concessional Rates Alone Does Not Constitute A Sham Transaction: Jharkhand High Court Quashes SCN

The Jharkhand High Court stated that sale of goods at concessional rates alone does not constitute a sham transaction. The Division Bench of Chief Justice M.S. Ramachandra Rao and Justice Deepak Roshan observed that “notices under Section 61 have been issued to assessees and instead of pointing out discrepancies in the returns filed by assessees, the competent officer has embarked...

Jharkhand HC Quashes Provisions Of RTE Amendment Rules Levying Inspection Fee, Security Deposit On Private Schools

The Jharkhand High Court has partly allowed a batch of writ petitions challenging the Jharkhand Right of Children to Free and Compulsory Education (First Amendment) Rules, 2019. The Court struck down as unconstitutional the provisions requiring private schools to pay application and inspection fees and to maintain a security deposit for recognition, holding that the State lacked legal...

'Gravest Charge Not Proven': Jharkhand HC Modifies Late CISF Personnel's Dismissal To Compulsory Retirement In Widow's Plea

Partly allowing a plea by the widow of a deceased CISF personnel–dismissed from service for misconduct, the Jharkhand High Court observed that it would be improper to relegate the widow to the disciplinary proceeding and that the punishment of dismissal from service was disproportionate when the gravest charge was not proved. Justice Ananda Sen was hearing a plea of one Jayanti Devi...