S. 397 CrPC | Litigants Must First Approach Sessions Court For Revision, HC Can Only Be Moved Directly In 'Rare' Cases: Jharkhand High Court

The Jharkhand High Court has clarified that while Section 397 of CrPC allows both the Sessions Court and the High Court to exercise revisional jurisdiction, litigants should ideally approach the Sessions Court, which is the first forum at the first instance.The court said that only in rare and special circumstances should the High Court be approached first in revision jurisdiction. For...

Purpose Of A&C Act Stands Defeated If There Are Delays In Executing Arbitral Award: Jharkhand High Court

The Jharkhand High Court division bench comprising Chief Justice Tarlok Singh Chauhan and Justice Rajesh Shankar observed that the purpose and the object of the Arbitration and Conciliation Act, 1996, and the Commercial Courts Act, 2015, would stand defeated if there are delays in the execution of the Arbitral Award. The present petition was filed by M/s/ R.K. Construction...

Pendency Of Criminal Proceedings Without Conviction Can't Be Ground To Withhold Statutory Rights Like Pension & Gratuity : Jharkhand HC

A Division bench of the Jharkhand High Court comprising Chief Justice Tarlok Singh Chauhan and Justice Rajesh Shankar held that mere pendency of criminal proceedings without conviction cannot be a ground to withhold pension, gratuity, or leave encashment as they are statutory rights of the employee. Background Facts The respondent was appointed as a Lecturer in Hindi at...

Correction Of Date Of Birth In Service Records Can't Be Claimed As Matter Of Right At Fag End Of Service : Jharkhand HC

A Division bench of the Jharkhand High Court comprising Chief Justice Tarlok Singh Chauhan and Justice Rajesh Shankar held that correction of date of birth in service records cannot be claimed as a matter of right, even if supported by genuine documents like a Matriculation Certificate, particularly when such request is made after an inordinate delay (over two decades) and near the...

Jharkhand High Court Directs State's Home Secretary To File 'Personal Affidavit' On Number Of Custodial Deaths From 2018 Onwards

the Jharkhand High Court has directed the Secretary, Department of Home, Prison and Disaster Management, to file his personal affidavit regarding the number of cases of custodial deaths and whether the factum of death was brought to the notice of the concerned Magistrates for initiation of enquiry.Hearing a PIL seeking inquiry into the cases of custodial deaths from 2018, a division bench of...

'Grant Of Probate Along With Copy Of Will Is Conclusive Proof Of Valid Execution': Jharkhand High Court

The Jharkhand High Court has held that once probate is granted along with a copy of the Will annexed, it conclusively proves the appointment of the executor and the valid execution of the Will. The Court reiterated that in probate proceedings, the only issue for determination is the genuineness and due execution of the Will, and not questions relating to the title or existence of...

Prematurely Retiring An Employee During Pending Enquiry Without Due Process Amounts To Misconduct : Jharkhand HC

The Jharkhand High Court bench comprising Justice Deepak Roshan held that prematurely retiring an employee during pendency of departmental enquiry on disputed records, without following due process, amounts to misconduct by the officers as it prejudices the employer's interest. Background Facts In the year 1980, employee was appointed as Senior Overman in Central Coalfields...

In Jharkhand, Civil Judge (Sr. Division) Has Jurisdiction To Try Trademark Infringement Suits Valued Between ₹3 Lakh & ₹1 Crore: High Court

The Jharkhand High Court has held that in the State of Jharkhand, where the pecuniary value of a commercial dispute is between ₹3 lakh and ₹1 crore, a Civil Judge (Senior Division) designated as a Commercial Court has the jurisdiction to try a trademark infringement suit. A Bench of Chief Justice Tarlok Singh Chauhan and Justice Sujit Narayan Prasad held so while allowing...

Jharkhand High Court Raps BIT Mesra Over Dalit Student's Death, Grants ₹20 Lakh To Kin, Issues Guidelines To Prevent Ragging In Colleges

The Jharkhand High Court has awarded Rs.20 Lakh as compensation to be paid by BIT Mesra, Polytechnic College, to the parents of a 3rd semester student, who was allegedly subjected to casteist slurs in the name of Harijan/Dalit and multiple violent assaults leading to his death.Terming the incident as a "brutal assault", Justice Sanjay Prasad came down heavily on the College over their...

Temporary Employees Rendering Over 15 Years Of Continuous Service On Sanctioned Posts; Entitled To Pension Under Bihar Pension Rules : Jharkhand HC

The Jharkhand High Court bench comprising Justice Deepak Roshan held that temporary employees who have rendered over 15 years of continuous service on sanctioned posts with regular pay are entitled to pension under Rule 59 of the Bihar Pension Rules, 1950 (as adopted by State of Jharkhand). Background Facts The petitioners were appointed on various sanctioned posts under the...

Order 6 Rule 17 CPC | Effect Of An Admission In Pleading Can't Be Diluted By Proposed Amendment At Appellate Stage: Jharkhand High Court

The Jharkhand High Court has held that an amendment to pleadings at the appellate stage cannot be allowed when the party seeking it fails to offer strong reasons for the delay and does not carry out the earlier permitted amendment during trial.Justice Sanjay Kumar Dwivedi, presiding over the case, observed that Order VI Rule 17 of the CPC confers a discretionary jurisdiction on the...

Party Delays In Filing Written Statement, But Trial Court Unnecessarily Blamed For Delay In Disposal Of Case: Jharkhand High Court

The Jharkhand High Court has recently dismissed a petition filed under Article 227 of the Constitution, holding that a challenge to earlier orders passed in a civil title suit could not be revived through repeated petitions once those orders had attained finality.The Court said in its Order that the petitioners had themselves invited the situation by failing to appear and file their...