Court Cannot Set Aside Entire Arbitral Award Due To Fraud In One Claim When Other Claims Rest On Different Grounds: Jharkhand High Court

The Jharkhand High Court bench of Chief Justice M. S. Ramachandra Rao and Justice Rajesh Shankar has held that when two claims decided in an arbitral award are mutually unrelated, the court, under Section 34 of the Arbitration and Conciliation Act, 1996 (Arbitration Act), cannot set aside the entire arbitral award solely because a fraud was committed concerning one of the claims, while...

Jharkhand High Court Weekly Roundup: April 28 - May 04, 2025

Citations: 2025 LiveLaw (Jha) 40 To 2025 LiveLaw (Jha) 44NOMINAL INDEXC.I.S.C.-S.R.S.C. (Joint Venture) Versus Central Coalfields Limited 2025 LiveLaw (Jha) 40 Rabindra Prasad v. State of Jharkhand & Ors. 2025 LiveLaw (Jha) 41 The Commissioner of Income Tax, Jamshedpu vs M/s New Punjab Motor Transport 2025 LiveLaw (Jha) 42 State of Jharkhand vs Pruan Prasad Guria 2025 LiveLaw (Jha)...

Desertion Requires Intent, Not Just Separation: Jharkhand High Court Rejects Husband's Divorce Appeal

The Jharkhand High Court has held that desertion as a ground for divorce cannot be established merely through physical separation unless it is proven that the separating spouse intended to permanently sever the marital relationship. The Court, while upholding the Family Court's decision denying divorce, emphasised that desertion requires both the fact of separation and the intention to...

Results For Govt School Teacher Recruitment To Be Out Between July-September: Staff Selection Panel Submits Revised Timeline To Jharkhand HC

The Jharkhand High Court took on record a fresh affidavit filed by the Jharkhand Staff Selection Commission (JSSC) setting out revised timelines for completing recruitment of 26,000 teachers in government schools for Classes 1-8 in two categories which is proposed to be completed between July to September this year. The Division Bench comprising Chief Justice M. S. Ramachandra Rao and...

Not Denied That Parasnath Hill Is Sacred To Jain Community: Jharkhand HC Orders State To Implement Bar On Tourism, Liquor & Non-Veg Food

Noting State's acceptance of Parasnath Hill being "sacred religious place" to the Jain Community, the Jharkhand High Court directed enforcement of a 2023 memorandum which prohibits sale or consumption of liquor, serving of non-vegetarian food and stays plan for tourism and eco-tourism activities. A Chief Justice M.S. Ramachandra Rao and Justice Deepak Roshan in its order passed a slew...

Jharkhand HC Asks State To Consider Changing Law To Make Govt Or Insurer Liable For 'Fixed Sum' For Injuries/ Death In Road Accident

Upholding Motor Accidents Claims Tribunal's order awarding compensation in a fatal accident caused by a police vehicle, the Jharkhand High Court asked the state government in its capacity as 'welfare state' to consider amending the law to make the government/insurer liable for a "fixed sum" in road accidents resulting in injuries or death. The Court also ruled that government was liable for...

Jharkhand HC Quashes ITAT Relief To Assessee For Relying On Overruled Precedent In TDS Default Case, Remands Matter For Fresh Adjudication

The Jharkhand High Court has quashed an order of the Income Tax Appellate Tribunal (ITAT), Circuit Bench, Ranchi, after finding that it was solely based on a precedent that had been overruled by the Supreme Court. The Tribunal had earlier deleted the entire addition made by the Assessing Officer under Section 40(a)(ia) of the Income Tax Act, 1961, on the ground that the payments in question...

High Court Directs State To Submit Timeline For Filling Long-Vacant Posts In Jharkhand RERA

The Jharkhand High Court has directed the State to submit a timeline for appointments to the post of Chairman, Adjudicating Officer and other vacant positions of the Jharkhand Real Estate Regulatory Authority (JHARERA).The Division Bench comprising Chief Justice M. S. Ramachandra Rao and Justice Rajesh Shankar in its direction said, “Timeline for completing the appointment process to the...

Entitlement To ACP/MACP Benefits Is Based On Completion Of Qualifying Service, Not On Additional Qualifications: Jharkhand HC

The Jharkhand High Court bench comprising Justice Ananda Sen held that under the ACP/MACP Schemes, financial upgradation must be granted on completion of regular service without insisting on additional qualifications. Further the subsequent government resolutions cannot retrospectively affect accrued service benefits. Background Facts The petitioner was appointed on 15.04.1980 in...

Interest Of 18% Can't Be Claimed In Arbitrations Commencing Before 2015 Amendment, When Award Specifies Particular Rate: Jharkhand HC

The Jharkhand High Court bench of Chief Justice M. S. Ramachandra Rao and Justice Deepak Roshan has held that interest at the default rate of 18% under unamended Section 31(7)(b) of the Arbitration and Conciliation Act, 1996 (Arbitration Act) cannot be claimed when the arbitral proceedings commenced before the 2015 amendment and the parties have not agreed to apply the amended provision....

Civil Judges Exam | Jharkhand HC Finds 3 Incorrect Answers In Revised Key; Orders Re-Computation Of Marks, Publishing Of Final Merit List

The Jharkhand High Court has found that three answers in the revised answer key released by the Jharkhand Public Service Commission (JPSC) for the preliminary examination to the post of Civil Judges (Junior Division) were demonstrably incorrect and contrary to established law and precedent.Referring to Supreme Court's judgement Kanpur University & Ors v. Samir Gupta & Ors, a...

After Jharkhand HC Nudge, State Govt Announces Advocates' Health Insurance Scheme, CM Hemant Soren Set To Inaugurate On May 3

The Jharkhand government has announced the launch of the Advocates Health Insurance Scheme under the Rajyakarmi Swasthya Bima Yojana on May 3 which will be inaugurated by Chief Minister Hemant Soren. As per an April 17 letter issued by the Jharkhand Advocates' Welfare Fund Trustee Committee the event will take place at Harivansh Tana Bhagat Indoor Stadium, Hotwar in Ranchi. The Chief...