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

Citations: 2025 LiveLaw (Jha) 40 To 2025 LiveLaw (Jha) 44

NOMINAL INDEX

C.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) 43

Arun Kumar vs Raj Soni Devi 2025 LiveLaw (Jha) 44

Orders/Judgements

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

Case Title: C.I.S.C.-S.R.S.C. (Joint Venture) Versus Central Coalfields Limited

LL Citation: 2025 LiveLaw (Jha) 40

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. In such cases, the unamended provision applies, and only the interest specified in the award is payable. The default rate of 18% applies only if the award is silent on interest component.

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

Case Title : Rabindra Prasad v. State of Jharkhand & Ors.

LL Citation: 2025 LiveLaw (Jha) 41

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.

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

Case Title: The Commissioner of Income Tax, Jamshedpu vs M/s New Punjab Motor Transport

LL Citation: 2025 LiveLaw (Jha) 42

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 had already been made.

The Division Bench comprising Justice Sujit Narayan Prasad and Justice Rajesh Kumar ruled that the Tribunal's reliance on the Allahabad High Court's decision in CIT v. Vector Shipping Services (P) Ltd. was no longer legally tenable in view of the Supreme Court's subsequent judgment in Palam Gas Service v. CIT.

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

Case Title: State of Jharkhand vs Pruan Prasad Guria

LL Citation: 2025 LiveLaw (Jha) 43

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 the driver's negligent driving which had resulted in the death of two young men and upheld the compensation of Rs. 3,48,880 each to the kin of the two deceased men along with interest @ 7.5% per annum till its realization.

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

Case Title: Arun Kumar vs Raj Soni Devi

LL Citation: 2025 LiveLaw (Jha) 44

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 end cohabitation for good, and found that the husband in the case failed to discharge this legal burden.

Other Developments

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 Justice Rajesh Shankar recorded in its order, “A supplementary affidavit has been filed today by the Joint Secretary, Jharkhand Staff Selection Commission, Ranchi is taken on record. In that affidavit, revised timelines have been indicated for completion of selection to the post of Graduate Trained Teacher and Intermediate Trained Teacher in various subjects. All efforts shall be made by the Jharkhand Staff Selection Commission to ensure that these timelines are adhered to.”

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 post of Chairman, Adjudicating Officer and other vacant positions of the Jharkhand Real Estate Regulatory Authority be indicated by the respondents on the next date of hearing through supplementary affidavit.”

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.