Jharkhand HC Fines Man Rs. 1 Lakh For Filing 'Misconceived' Application In Pending Plea Of BJP MP Nishikant Dubey In Alleged Fraud Case

Dismissing an application moved by a man alleging that the counsel appearing for BJP MP Nishikant Dubey in an ongoing criminal writ petition, had appeared for the former and their professional relationship had continued, the Jharkhand High Court imposed a cost of Rs 1 Lakh finding the plea to be "misconceived" and filed with an "ill motive" to obstruct judicial proceedings.A single judge bench...

Quality Of Evidence And Not Number Of Witnesses Determine Credibility: Jharkhand High Court Upholds Conviction In Witchcraft-Related Murder

The Jharkhand High Court has ruled that the credibility of a witness's testimony depends not on the number of witnesses but on the quality of evidence presented.The division bench comprising Justices Ananda Sen and Gautam Kumar Choudhary highlighted, “To rely or not to rely on the evidence of a witness, is the question which every Court is confronted with while appreciating evidence....

Court Has More Responsibility To Read Between Lines To Prevent Harassment Of Innocent: Jharkhand HC While Quashing Rape & SC/ST Charges

The Jharkhand High Court has dismissed the criminal proceedings, including a rape charge, against Sunil Tiwari, political adviser to Jharkhand BJP chief Babulal Marandi, citing "abuse of process of law."Justice Sanjay Kumar Dwivedi, presiding over the case, noted that while the High Court is generally cautious in deciding whether a case has merit, it also has a duty to prevent...

Compassionate Appointment On Father's Death In Motor Accident Doesn't Affect Right To Compensation Under MV Act: Jharkhand High Court

The Jharkhand High Court, in a recent appeal filed by the New India Assurance Company, upheld the entitlement of the deceased's legal heirs to compensation under the Motor Vehicles Act, notwithstanding the compassionate appointment of the deceased's son following his death in a motor accident.A single bench of Justice Subhash Chand observed, “The provision of the compassionate appointment...

Consumer Commission Must Decide Issue Of Pecuniary Jurisdiction Before Proceeding On Merits: Jharkhand High Court

In a plea concerning a matter entertained by the district consumer disputes redressal commission without first deciding issue of pecuniary jurisdiction, the Jharkhand High Court reiterated that this issue must be decided first by a court or a tribunal before proceeding further. The court also emphasized the supervisory role of High Courts under Article 227 of the Constitution to intervene...

S.47 CPC | Co-owner Cannot Object To Execution Merely Because He Wasn't Made Party To Eviction Suit By Landlord: Jharkhand HC

The Jharkhand High Court has ruled that a co-owner of a property cannot object to the execution of a decree simply because they were not included as a party in the eviction suit initiated by one of the co-owners. This decision underscores the limitations of a co-owner's rights in such proceedings.The Court clarified that such an objection under Section 47 of the Civil Procedure Code (CPC) is...

Defendant Can Seek Rejection Of Plaint Under Order 7 Rule 11-D CPC Without Filing Written Statement: Jharkhand High Court

While hearing a title dispute over a property, the Jharkhand High Court said that once a suit is instituted and notice is issued, the defendant has the right to file an application under Order 7 Rule 11-D of the CPC seeking rejection of the plaint, even if a written statement has not been filed.In doing so, the high court found that the trial court's order rejecting the petitioner's plea...

UAPA | Mere Allegations Of Terrorist Gang Association Without 'Specific Evidence' Insufficient To Deny Bail: Jharkhand High Court

The Jharkhand High Court has held that merely alleging membership in a terrorist gang and association with its leadership, without providing specific instances of involvement in criminal activities, would not be enough to substantiate such claims. Thus granting bail to the appellant charged under the Unlawful Activities (Prevention) Act, 1967 (UAPA), the court ruled that vague and...

Motor Accident: Jharkhand High Court Upholds ₹50.90 Lakh Compensation To Kin Of Deceased Lawyer

The Jharkhand High Court recently dismissed an appeal filed by Bajaj Allianz General Insurance, challenging an award of ₹50,90,176 in compensation to the family of a deceased lawyer who was killed in a road accident, while reaffirming that non-compliance with permit regulations does not constitute a fundamental breach of an insurance policy.Justice Subhash Chand presiding over the...

Who Qualifies As 'Proper Officer' To Issue Show Cause Notices U/S 74 Of CGST Act? Jharkhand High Court Clarifies

The Jharkhand High Court has provided a significant clarification regarding who qualifies as the “proper officer” empowered to issue a show cause notice under Section 74 of the Central Goods and Services Tax (CGST) Act, 2017. The Division Bench of Justices Sujit Narayan Prasad and Arun Kumar Rai observed that “If the definition of the Poper Officer will be taken into...

Jharkhand High Court Weekly Round-Up: 30 September – 6 October, 2024

Nominal Index [Citations: 2023 LiveLaw (Jha) 152-157]Anand Kumar Dangi v. State of Jharkhand 2024 LiveLaw (Jha) 152Kavita Devi @ Kabbo Devi and Ors vs Union of India 2024 LiveLaw (Jha) 153The State of Jharkhand vs Pawan Kumar Singh 2024 LiveLaw (Jha) 154Budhu Nag Chatar V. The State of Jharkhand 2024 LiveLaw (Jha) 155M/s Pama Pharmaceuticals V. The Ranchi Municipal Corporation 2024 LiveLaw...

Jharkhand High Court Directs CBI To Investigate Allegations Of Police-Crime Nexus In Dhanbad Coal Mafia Case

The Jharkhand High Court has recently directed the Central Bureau of Investigation (CBI) to investigate allegations relating to a nexus between the coal mafia and police officials in the city of Dhanbad.The court, finding sufficient grounds, transferred the case to the CBI because of the local police's reluctance to register a First Information Report (FIR) despite the opportunities to do...