'Grave Charges': Jharkhand HC Upholds Punishment Handed To Ex-CISF Officer For Making Caste-Based Remarks Against Subordinate

The Jharkhand High Court has held that an officer's good antecedents cannot be one of the grounds to interfere with the quantum of punishment imposed by a disciplinary authority, especially when the charges relate to misconduct.A division bench comprising Chief Justice M. S. Ramachandra Rao and Justice Gautam Kumar Choudhary confirmed the disciplinary punishment awarded to a former...

Arbitral Tribunal Not Bound By Strict Rigors Of CPC, Amendment Permissible At Any Stage Of Proceedings: Jharkhand High Court

The Jharkhand High Court Bench of Justice Gautam Kumar Choudhary has held that the power under Articles 226 and 227 of the Constitution can be invoked for interfering with an interim order only in exceptionally rare cases. Additionally, the court held that Arbitral Tribunals are not bound by the strict rigours of CPC and an amendment is permissible at any stage of the proceedings...

Advocate Not Liable To Verify Fake Documents Provided By Client For Firm Registration To Evade Tax: Jharkhand High Court

The Jharkhand High Court stated that an advocate is not liable to verify fake documents provided by a client for registration of a firm to evade tax.The bench of Justice Anil Kumar Choudhary was dealing with a case where an advocate had moved a petition for anticipatory bail in a case registered under sections 406/420/468/471/120B of the Indian Penal Code and under Section 132 (1) (b)/131...

Jharkhand High Court Annual Digest 2024 [Part II]

Nominal Index [Citations: 2024 LiveLaw (Jha) 101-202]Sandeep Kumar Tripathy @ Sandeep Tripathy vs The State of Jharkhand 2024 LiveLaw (Jha) 101Rajendra Prasad Sahu V. State of Jharkhand and Others 2024 LiveLaw (Jha) 102 Sri Hemant Soren Vs The Directorate Of Enforcement Represented Thr Its Assistant Director Ranchi Zonal Office 2024 LiveLaw (Jha) 103Dr. Suman Kumar Pathak @ Dr. S.K. Pathak v....

Jharkhand High Court Closes Contempt Case Against Excise Department Following Compliance Of Orders On Statutory Interest Payment To Brewery

The Jharkhand High Court has closed contempt proceedings initiated against the state government's Secretary, Department of Excise and Prohibition after noting that its orders pertaining to statutory interest payable to the petitioner Spencer Distilleries and Breweries (Pvt. Ltd.) were complied with.During the hearing on January 10 the counsel appearing for the petitioner company Shekhar...

Defendants Cannot Introduce Death Certificate As Additional Evidence Without Relevant Pleadings: Jharkhand HC Rules In Property Dispute

Setting aside an order of a district court allowing introduction of a death certificate as evidence in a property dispute, the Jharkhand High Court said that a death certificate issued years after the death, based solely on an affidavit, cannot be admitted as additional evidence if it lacks evidentiary basis and is inconsistent with the pleadings. Presiding over the case Justice Subhash...

Appointment Of Second Commissioner Without Assigning Reasons Violates Order 26 Rule 10(3) CPC: Jharkhand High Court

The Jharkhand High Court in a recent ruling has emphasized that appointing a second Pleader Commissioner without assigning reasons for ignoring the report of the first Commissioner violates the provisions of Order 26, Rule 10(3) of the Civil Procedure Code (CPC) and is to be condemned.Justice Sanjay Kumar Dwivedi, presiding over the case, criticized the lower court's decision, stating,...

Jharkhand High Court Quashes Prevention Detention Based On Station Diary Entries, Questions State For Not Lodging FIR If Crime Was Made Out

The Jharkhand High Court quashed a preventive detention order issued under Jharkhand Control of Crimes Act against a man by the District Magistrate-cum-Deputy Commissioner, East Singhbhum based on certain station diary entries, while questioning the State as to what prevented it to first lodge an FIR. The court pointed out that Station Diary Entries or Sanhas cannot be a ground for keeping...

Average Income Of Previous Years No Basis For Compensation: Jharkhand HC Upholds Reliance On Deceased's Last Earned Salary In Accident Case

The Jharkhand High Court, in its judgment delivered in a Miscellaneous Appeal, held that the average income of previous financial years cannot be the basis for computing compensation in motor accident claims. Justice Subhash Chand observed, “The deceased was a Professor in Baldeo Sahu Degree College, Lohardaga, and was Head of Department of Philosophy. He was getting the salary along with...

Jharkhand High Court Annual Digest 2024- Part I

Nominal Index [Citations: 2024 LiveLaw (Jha) 1- 100]Rahul Yadav @ Hari Kumar Yadav, vs. The State of Jharkhand & Anr 2024 LiveLaw (Jha) 1Gautam Kumar Banarjee vs. Dr. C.P. Vidyarthi & Anr 2024 LiveLaw (Jha) 2Steel Authority of India Ltd vs. The State of Jharkhand and others 2024 LiveLaw (Jha) 3CTET Utteern Abhiyarthi Sangh vs. State of Jharkhand 2024 LiveLaw (Jha) 4Branch Manager,...

Jharkhand High Court Weekly Round-Up: December 23 - December 29, 2024

Nominal Index [Citations: 2024 LiveLaw (Jha) 195 – 201]Irshad and Anr v. State of Jharkhand & Ors. 2024 LiveLaw (Jha) 195Mithilesh Chauhan V. The State of Jharkhand and Sunil Chaubey v/s The State of Jharkhand 2024 LiveLaw (Jha) 196M/s City Alloys Private Limited & Ors vs M/s Hari Om & Co. 2024 LiveLaw (Jha) 197Parvez Akhtar and Ors vs Tabish Ansari and Ors 2024 LiveLaw (Jha)...

Burden Of Proof On Vehicle Owner To Establish Driver's Valid License: Jharkhand High Court Sets Aside ₹6.63 Lakh Compensation Award

The Jharkhand High Court has clarified the burden of proof regarding liability in motor vehicle accident claims, observing that the owner of the offending vehicle must prove that the vehicle was being driven with a valid and effective driving license.Justice Subhash Chand, presided over the case and noted, “The very burden of proof lies upon the owner of the offending vehicle even if the...