Jharkhand High Court directs JPSC to pay Rs 1 lakh to a Schedule Tribe candidate who was denied employment over a fee glitch
The candidate had scored 1st rank under the Scheduled Tribe category in the Assistant Professor exam for Nagpuri language.
Jharkhand High Court
‘Notice under Section 61 JGST Act cannot be issued for mere sale of goods at concessional rates’; Jharkhand High Court quashes GST-ASMT 10 notices
“We have no hesitation in declaring that notices issued under Section 61 to the respective writ petitioners are wholly without jurisdiction and are, accordingly, liable to be quashed/set aside by this Court.”
‘No tourism; No alcohol; No non-veg’; Inside Jharkhand HC’s decision on preserving the sanctity of Parasnath Hill
The Court ordered strict enforcement of the 2023 Office Memorandum issued by the Union of India under Section 5 of the Environment (Protection) Act, 1986 which recognized the sanctity of Parasnath Hill and its significance for the Jain community directing a ban on tourism and other activities.
Jharkhand HC declares S. 22-A of Registration Act introduced by 1991 Bihar Amendment Act, as unconstitutional
The Court relied upon the decision of the Supreme Court in a case where a similar amendment of by State of Rajasthan was held ultra vires Article 14 and Article 246 of the Constitution due to the doctrine of public policy being vague and uncertain.
‘Merely providing wrong policy number doesn’t rule out insurance company’s liability’; Jharkhand HC refuses relief to Reliance Insurance for carpenter’s death
“The claimants are not supposed to know the exact policy number, and they have gathered it from somewhere and produced it before the Motor Vehicle Accident Claim Tribunal.”
“‘Degree’ includes bachelor’s, master’s, and doctorate”; Supreme Court sets aside Jharkhand HC order disqualifying master’s degree holders for FSO Post
Supreme Court found no logic or rationale behind excluding candidates holding Master’s or Doctorate degrees in these subjects from claiming the post of FSO, as such an interpretation would have been unjust, arbitrary, and unconstitutional.
‘Retention of balance after assessing officer reduced the demand amounts to unjust enrichment’; Jharkhand HC orders refund of pre-deposit amount submitted during appeal proceedings
The Court stated that it failed to understand how the respondents could have retained the amounts deposited by the petitioner at the time of preferring the appeal and seeking stay of demand, after the appeal is decided, and matter is remitted back, and fresh assessment order is passed.
Merely because arbitrator was appointed by Orissa HC is no ground for Ranchi Court to not have jurisdiction: Jharkhand HC sets aside order dismissing S.34 arbitration application
The intention of both the parties where to go for arbitration, is at Ranchi and the proceeding after permission of the High Court was also conducted at Ranchi and in the agreement, the seat is also said to be at Ranchi. Thus, Ranchi court is having jurisdiction.
No discrimination between mental and physical illness: Jharkhand High Court directs reimbursement for psychiatric treatment
Section 21(4) of Mental Healthcare Act provides that every insurer shall make provision for medical insurance for treatment of mental illness on the same basis as is provided for physical illness.
‘A citizen’s liberty cannot be curtailed on whims and wishes of State officials’; Jharkhand HC sets aside preventive detention order under Jharkhand Control of Crimes Act, 2002
‘Liberty of a citizen of the country must be kept at the highest pedestal and there must be impeccable evidence to curtail the same.’
Jharkhand HC directs to conduct monthly medical camps for elderly prisoners/inmates to provide necessary medical aid
The issues of the under-trial prisoners or inmates in judicial custody, are required to be medically examined, particularly, the old age inmates where the likelihood of the issue of Cataract, Diabetes, Blood Pressure and other old age ailments are likely to grief such inmates.
Apprehension in victim’s mind about use of criminal force by gesture sufficient; actual use of criminal force not required to attract Section 353 of IPC: Jharkhand HC upholds conviction
In the present case, there are concurrent findings that the accused persons abused the informant while he was discharging his duty in his office-cum-chamber and insulted him before public and subordinates. Further, the informant was pressurized to issue death certificate, which he was otherwise not agreeable to issue, after explaining the reasons.
Jharkhand HC directs State to regularize services of a man appointed on daily wage and later contractual basis for utilizing his services from 2008
In violation of the constitutional mandate to make appointment on regular basis, the State of Jharkhand appointed the appellant on daily wage basis and subsequently, on contractual basis and were utilizing the services of the appellant. There was no valid explanation for the same.
No disciplinary action can be taken post-retirement or after extended service period of delinquent employee: Supreme Court
“Where the disciplinary proceeding itself is without jurisdiction, upholding the same on the specious plea that it was not challenged on the ground of lack of jurisdiction would be tantamount to giving imprimatur to a patently illegal proceeding”
‘Cases of this nature where provisions are grossly misused, genuine complaints goes into oblivion’; Jharkhand HC quashes criminal proceedings against man accused under SC/ST Act
In the present case, the petitioner has helped one lady against the allegation of incumbent sitting Chief Minister, which clearly suggests that maliciously the case was registered against the petitioner and the investigation was also made with pre-occupied mind.
Mere allegations of close association with terrorist gang without specific evidence is insufficient; Jharkhand HC grants bail to UAPA accused
Mere presence of the antecedents will not lead to a presumption about the active involvement of the accused in any activity, without any material proof in support.
‘No evidence to show that deceased was not bona fide passenger’; Jharkhand HC grants Rs. 8 lakh compensation to wife whose husband died after accidentally falling from running train
Even if the ticket was not recovered from his person while preparing the inquest report of the deceased, mere filing of the affidavit on behalf of the appellant was sufficient to raise the presumption that the deceased was bona fide passenger.
Know Thy Judge | Justice M.S. Ramachandra Rao, the 16th Chief Justice of High Court of Jharkhand
Sworn in as 16th Chief Justice of the High Court of Jharkhand on 25-09-2024, Justice M. S. Ramachandra Rao, a 3rd generation Judge, also served as Chief Justice of High Court of Himachal Pradesh.
‘Contradictory versions and sketchy evidence’; Jharkhand HC sets aside conviction and death sentence of a man convicted for murder of his pregnant wife and 15-months-old child
The prosecution case has crumbled like a house of cards. Neither the circumstances have been proved which can lead to a conclusion that the accused was complicit in offence, nor any consistent prosecution version has come which can be relied upon.
WhatsApp news group will come within domain of ‘any form of media’; Jharkhand HC dismisses petition to quash charges against Local MLA accused of disclosing identity of rape victim
It is alleged that the local MLA-the petitioner and his supporters visited Hospital to show their sympathy to the victim and her family member and after taking name, address and photograph of victim, it was sent to media and other organization from the petitioner’s mobile number.