'Procedural Law Can't Obstruct Justice', Jharkhand HC Directs UIDAI To Provide Aadhaar Details For Investigation In Minors Trafficking Case

The Jharkhand High Court recently directed the Unique Identification Authority of India (UIDAI) to provide the Aadhaar card details of trafficked minors to the investigating agency under a sealed cover. The division bench of Justice Sujit Narayan Prasad and Justice Pradeep Kumar Srivastava directed the UIDAI to provide the Aadhaar Card details of the trafficked minors overruling its...

Department Retaining Balance Amount After Tax Demand Is Reduced Violates Article 14 & Article 265 Of Constitution: Jharkhand High Court

The Jharkhand High Court stated that retaining balance amount by department after the tax demand is reduced is violative of Article 14 & Article 265 of the constitution. The Division Bench of Chief Justice M.S. Ramachandra Rao and Justice Deepak Roshan observed that the department cannot retain the amounts deposited by the assessee pursuant to condition imposed by...

Jharkhand Advocates' Association Urges High Court To Standardize Passover And Adjournment Practices

The General Body of the Advocates' Association, Jharkhand convened a meeting on February 21, 2025 and unanimously passed two resolutions addressing concerns related to the judicial practice of passover of cases and adjournments in the Jharkhand High Court. The resolutions, adopted after detailed deliberations, highlight difficulties faced by advocates and litigants due to inconsistent...

Jharkhand High Court Quashes Summons Issued To Swiss Resident, Says Police Must First Obtain MHA Concurrence

The Jharkhand High Court quashed summons issued to a Swiss resident in a criminal case, observing that in terms of the Mutual Legal Assistance Treaty, the Investigating Agency is required to forward its draft request to Internal Security Division of Ministry of Home Affairs (MHA) for its concurrence on seeking attendance of a person from contracting State.Justice Anil Kumar Choudhary...

Excluding Psychiatric Treatment From Medical Reimbursement Schemes Violates Mental Healthcare Act: Jharkhand High Court

The Jharkhand High Court has held one cannot be denied reimbursement for expenses incurred to get treatment for mental health, ruling that excluding psychiatric treatment from medical reimbursement schemes violates the Mental Healthcare Act, 2017. It was emphasized by the Court that the treatment of mental health is required to be treated on a par with physical healthcare and that...

Court Can Allow Substitution Petition Even Without Explicit Plea For Setting Aside Abatement If Application Justifies Relief: Jharkhand HC

Recently, the Jharkhand High Court has held that abatement by necessary implication can allow a substitution petition even without a specific plea to set aside, provided the entire application makes out a case for such relief.Justice Sanjay Kumar Dwivedi, presiding over the case, observed, “In a case where the relief of setting aside of abatement has not been specifically claimed, the court...

Court Having Jurisdiction Over Seat Of Arbitration Would Be Entitled To Entertain Petition U/S 34 Of Arbitration Act: Jharkhand High Court

The Jharkhand High Court bench of Justice Sanjay Kumar Dwivedi has held that the court having jurisdiction over the seat of Arbitration would be entitled to entertain a petition under section 34 of the Arbitration Act. Brief Facts: A dispute arose between the petitioner and the opposite party. An Arbitration clause was invoked. The award was also passed which was subsequently...

Legal Heirs Of Deceased Driver Entitled To Compensation Under Personal Accident Cover Even If Driver Was At Fault: Jharkhand High Court

The Jharkhand High Court has held that the legal heirs of a deceased driver are entitled to compensation under the personal accident (PA) cover of an insurance policy, even when the driver himself was at fault for the accident. The court ruled that a driver in such circumstances enters “into the shoes of the owner” and is eligible for compensation as per the PA coverage of the...

Eviction Cannot Be Ordered Without Due Process, Executive Authorities Cannot Adjudicate Land Title: Jharkhand High Court

In a recent judgment, the Jharkhand High Court has held that the question of land ownership cannot be unilaterally determined by the executive authorities and a person in possession cannot be summarily evicted without due process.A division bench comprising Chief Justice M.S. Ramachandra Rao and Justice Deepak Roshan stated that under Article 300A of the Constitution, nobody can be deprived...

[Land Acquisition Act] Interest Added To Compensation Becomes Part Of Awarded Sum, Cannot Be Segregated For Further Calculation: Jharkhand HC

The Jharkhand High Court, in a recent judgment, has observed that in land acquisition cases, there is no distinction between the sum and sum without interest, and once the interest is included in the sum for which the Award is made, that cannot be segregated.Justice Sanjay Kumar Dwivedi presiding over the case, observed, “There is no distinction between the sum and sum without interest and...

Insurer Cannot Deny Liability Without Proving Contributory Negligence, Delay In Filing FIR No GroundsTo Reject Claim: Jharkhand HC

The Jharkhand High Court in a recent judgement had dismissed an appeal filed by an insurance company while reaffirming that in a motor accident compensation claim case, the onus lies upon the insurance company to prove contributory negligenceJustice Sanjay Kumar Dwivedi, presiding over the case, emphasized, “So far as the contributory negligence is concerned, no evidence was led and further...

Court-Appointed Commissioner Can't Be Used To Collect Evidence For Parties: Jharkhand HC Rejects Plea Seeking Survey Of Disputed Property

The Jharkhand High Court has reiterated that a commissioner as a pleader appointed by the court under Order XXVI Rule 10-A of the CPC cannot collect evidence on behalf of parties to a suit.Justice Sanjay Kumar Dwivedi held that the appointment of a commissioner is meant to elucidate matters in dispute and not to aid a party in establishing its claims.The bench held, “for the purpose of...