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A quick legal roundup to cover important stories from all High Courts this week.
Jharkhand High Court
Private complaint regarding doctor’s rashness or negligence cannot be entertained, unless accompanied by credible opinion of another doctor: Jharkhand HC
The Court stated that allowing the proceedings to continue will amount to an abuse of the process of law.
Jharkhand HC refers contempt case against Advocate General and Additional Advocate General to larger bench for clarification in procedure to be adopted in contempt proceedings
The Court stated that when a decision of a coordinate bench of the same High Court is brought in notice, it is to be respected and is binding to the Bench of such co-equal strength. For taking a different view, it is required to refer the question to the larger bench, as it is the only course of action open to a Bench of a co-equal strength.
Jharkhand HC sets aside orders reducing pay scale of an employee for requirement of Diploma in Engineering
The Court stated that recovery of excess amount from the employee was not permissible, if there was no misrepresentation or suppression by the petitioner.
HIGH COURT JULY 2024 WEEKLY ROUNDUP | Stories on Lakshmi Puri’s defamation; Agniveer recruitment; Cancer patient’s termination of pregnancy; and more
A quick legal roundup to cover important stories from all High Courts this week.
Jharkhand HC sets aside orders passed without application of mind and complying with mandatory requirements of law
The Court directed the Registrar General of this Court to send a copy of this Order to the Principal District Judge, Jamshedpur with a direction to impress upon the Judicial Magistrate concerned, not to pass orders in such reckless manner, without application of mind and unnecessarily enhance the burden upon this Court.
Dr. Justice Bidyut Ranjan Sarangi appointed as 15th Chief Justice of Jharkhand High Court
Supreme Court Collegium on 27-12-2023 recommended the appointment of Dr. Justice B R Sarangi, as next Chief Justice of Jharkhand High Court after the post fell vacant with the retirement of former Chief Justice, Justice Sanjaya Kumar Mishra on 28-12-2023.
‘Totally illegal, arbitrary and whimsical’; Jharkhand HC directs State to pay Rs 5 lakh compensation for illegal demolition of shops
The Court stated that even though the right to property is no longer a fundamental right and was never a natural right, it must be accepted that without the right to property, other rights become illusory.
Jharkhand High Court grants bail to former CM Hemant Soren in money laundering case involving illegal acquisition of land
The Court stated that overall conspectus of the case based on broad probabilities does not specifically or indirectly assign the petitioner to be involved in the acquisition and possession as well as concealment of 8.86 acres of land at Shanti Nagar connected to the “proceeds of crime”.
‘Typical example of frivolous litigants abusing the Court process’; Jharkhand HC quashes criminal proceedings against Century Cement
The Court stated that when the case under Section 138 of the Negotiable Instruments Act, 1881 was already filed by the petitioners, Respondent 2 had all the opportunity to defend in that pending complaint case, and without doing so, present complaint case was filed implicating the petitioners.
Court is required to look only into existence of the arbitration clause at the stage of appointing arbitrator u/s 11 of Arbitration Act: Jharkhand HC
The respondent raised an objection to the maintainability of the present application on the ground that the petitioner being an agent governed under Section 48 of the Bihar Cooperative Societies Act, 1935, was required to approach the Registrar of the Cooperative Societies for initiating a dispute resolution proceeding.
GST officers shall not force a person to give statement after office hours; Must follow instructions of GST-Investigation and CBIC while summoning: Jharkhand HC
The Court stated that to speak or not to speak has always been a dilemma for a person called for giving his statement before the Customs Officer, Central Sales Tax Officer, Police Officer etc, as the implications are serious.
Retirement benefits a Constitutional and fundamental right of an employee with no legal impediment: Jharkhand High Court
The Court stated that the respondent took filmsy stand which was not acceptable and this was another glaring example of delay and laches on the respondents’ part for not extending the retirement benefits.
HIGH COURT MAY 2024 WEEKLY ROUNDUP| Stories on Baba Tarsem Singh Murder; Maternity Benefits for Third Child; Aaj Tak Sting Operation; PM Modi; and more
A quick legal roundup to cover important stories from all High Courts this week.
Jharkhand HC directs Central Coalfields Limited to constitute Medical Board to determine age of man seeking compassionate appointment on his father’s death
The exclusion of one class of legitimate children from seeking compassionate appointment merely on the ground that the mother of the applicant was a plural wife of the deceased employee would fail to meet the test of a reasonable nexus with the objective sought to be achieved.
‘Unjust retention of money or another’s property is against fundamental principles of justice, equity and good conscience’; Jharkhand HC imposes Rs. 5 lakhs cost on JBVNL
“The imposition of cost on the party which started litigation without any just cause or took false and frivolous defences is necessary to discourage the dishonest litigant.”
Jharkhand High Court dismisses criminal contempt proceedings against State’s Advocate General and Additional Advocate General
“An advocate has to fearlessly uphold the interest of his client by all fair and honourable means without regard to any unpleasant consequences to himself or any other, but he must exercise restraint in using intemperate language during arguments in the Court.”
Supreme Court disposes of Hemant Soren’s plea complaining against delay by HC in deciding his arrest by ED in land scam case
Hemant Soren had resigned from the post of Chief Minister of Jharkhand on January 31, 2024.
New era of accessibility, efficiency & transparency; Jharkhand HC launches Android App & QR Directory
The App has been developed in house by the technical team and will provide ease to the stakeholders of Justice dispensation system to avail services like case status, cause list, orders and judgements, display board, e-filing, certified copies and other services.
‘Victim did not raise an alarm despite having opportunity to do so’; Jharkhand High Court set aside conviction and sentence of a man convicted u/s 366A, 376 of IPC
The Court opined that radiological age of the victim has been assessed to be eighteen years and from the tenor of her cross-examination, it is apparent that she has wilfully left the house of her father and accompanied appellant to various places.