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Category: High Court of Jharkhand Judgment or Order or Notification

Khushbu Devi @ Kumari Khushbu Vs Shekhar Kumar Swarnkar on 02 Nov 2022

Posted on January 17 by ShadesOfKnife

A single judge of Jharkhand High Court held as follows,

From Para 4,

Ms. Ayushri, the learned counsel for the appellant has contended that the ex-parte judgment by the Family Court is liable to be set aside on the ground that there was no material before the Family Court to hold that summons was duly served upon the appellant on 21st May 2018.

From Para 8, 9 and 10,

8. The aforesaid mode of services of summons under Rule 9 shall have different requirements upon fulfillment of which the Court may infer or hold that summons was validly served upon the defendant. A valid service of summons upon the defendant is the most important step during 1st stage of any trial and the reason is obvious. It is a fundamental requirement in law that no one should be condemned unheard and therefore no trial of either nature, civil or criminal, can proceed without notice to the other side. For more than one reason, a tracking record cannot be the conclusive proof of valid service of summons upon the defendant. In the first place, a tracking record is required to be placed by the Registry before the Court and it must form a part of the records of the case. Secondly, a tracking record must be supported by an affidavit of Nazir or any other officer of the Court authorised in this behalf. In certain cases, the plaintiff may also lead evidence regarding service of summons with the help of the tracking record. There are other requirements under Rule 9 which have also to be considered by the Court concerned before service of summons upon the defendant is
held valid.
9. Sub-rule (5) provides that there should be an acknowledgment or any other receipt signed by the defendant or his agent, or, where the postal article containing the summons has been received back by the Court the same shall contain an endorsement by a postal employee or by any person authorised by the courier service to the effect that the defendant or his agent had refused to take delivery of the postal article or had refused to accept the summons by any other means specified in sub-rule (3) when tendered or transmitted to him. In case where summons has been returned unserved or has been refused by the defendant, under Rule 19 the serving officer shall be examined by the Court.
10. The proviso to sub-rule (5) provides that the Court may declare that summons has been validly served upon the defendant notwithstanding the acknowledgment having been lost or mislaid or for any other reason if the same has not been received by the Court within thirty days from the date of issue of summons, provided the summons was properly addressed, prepaid and duly sent by registered post acknowledgment due. The acknowledgment or postal receipt is required to be brought on record for another reason also. Under Rule 15 service of summons upon any adult member of the defendant’s family is considered valid service upon the defendant. However, explanation to Rule 15 provides that a servant is not a member of the family within the meaning of this Rule and therefore the Court before holding valid service of summons upon the defendant is required to see to whom the summons was served.

Khushbu Devi @ Kumari Khushbu Vs Shekhar Kumar Swarnkar on 02 Nov 2022
Posted in High Court of Jharkhand Judgment or Order or Notification | Tagged 1-Judge Bench Decision Khushbu Devi @ Kumari Khushbu Vs Shekhar Kumar Swarnkar | Leave a comment

Ram Gopal Sah Vs State Of Jharkhand on 03 December 2008

Posted on June 15, 2020 by ShadesOfKnife

Justice NN Tiwari had held as follows (without any legal basis):

From Para 6,

6. Learned Counsel for the complainant, on the other hand, submitted that the ground for assailing the impugned order by the petitioner is wholly misconceived and baseless. From the allegations made in the complaint, it is evident that the accused persons were demanding dowry and torturing the complainant for not bringing the dowry as desired by them. The petitioner is wrongly interpreting the presents given by the parents of the complainant, as dowry, which does not come within the ambit of Section 3(1) of the Act. It has been submitted that nothing new has come in course of the inquiry or trial or there is nothing in the evidence on record to suggest that any such offence has been committed by the father of the complainant and learned Court below considering the provisions of law including the provisions of Section 7(3) of the Act has rightly rejected the petitioner’s petition.

From Para 10,

10. The petitioner has sought prosecution on the basis of the statement of giving dowry by the father of the complainant. From perusal of the statement made in the complaint, I find no such incriminating statement of voluntarily giving dowry for marriage. The statement regarding giving presents ‘UPHAR’ does not come within the ambit of definition of dowry. Moreover, the father of the complainant is an aggrieved person from whom dowry was being demanded. Such aggrieved person is protected under Section 7(3) from prosecution under the Act.

 

Ram Gopal Sah Vs State Of Jharkhand on 03 December 2008 (LQ Ver)

Citations: [2008 SCC ONLINE JHAR 385], [2009 AIR JHAR R 1 856], [2009 CRI LJ NOC 614 159], [2009 JLJR 1 432]

Other Source links:

https://www.casemine.com/judgement/in/56ea832d607dba377ff107fd

https://www.lawyerservices.in/Ram-Gopal-Sah-Versus-State-Of-Jharkhand-2008-12-03

Posted in High Court of Jharkhand Judgment or Order or Notification | Tagged Baseless or Convoluted Judgment DP Act 3(1) - Giving Taking or Abet to Give or Take is Crime DP Act 7(3) - Protection for Aggrieved Person from Prosecution PIL - Dowry Givers should be Prosecuted PIL - Effective Solution to Reduce False Dowry Cases Ram Gopal Sah Vs State Of Jharkhand | Leave a comment

Md. Rustum Alam @ Rustam Vs State of Jharkhand on 27 April 2020

Posted on April 28, 2020 by ShadesOfKnife

Jharkhand High Court (Single Bench) has quashed and set aside 3 Orders of Magistrate Court issued under Sections 73, 82 and 83 of the Code of Criminal Procedure 1973, they being with out any application of mind, issued in mechanical manner and with out any reasons recorded as necessary by Code/Law.

From Para 3,

3. The main contention of the petitioners is that the Court below, in a most mechanical manner issued non-bailable warrant of arrest. In the similar
manner the process under section 82 of the Code and thereafter attachment order in terms of Section 83 of the Code have been issued. It is their  contention that, even without receipt of the service report of bailable warrant of arrest, non-bailable warrant of arrest have been issued against the petitioners.
Similarly, without there being any service report of non-bailable warrant of arrest, process under Section 82 of the Code has been issued. Further, without any service of the process under Section 82 of the Code, attachment order in terms of Section 83 of the Code has been issued. It is also the  case of the petitioners that the processes are being issued in utter violation of the respective provisions laid down in the Code, i.e. Sections 73, 82 & 83 thereof, thus, these orders need to be set aside.

 

Md. Rustum Alam @ Rustam Vs State of Jharkhand on 27 April 2020

Disclaimer:

Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from main.sci.gov.in/judgments, judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in or Government websites.

I have no control to remove copies of this document(s) that may be available on websites of High Courts or Supreme Court of India or any of the many other sites, law journal or reporters which carry the same judgment in it’s entirety, not I can remove references/links to this document(s) from the results of Search Engines such as Google.com.

Posted in High Court of Jharkhand Judgment or Order or Notification | Tagged Catena of Landmark Judgments Referred/Cited to CrPC 482 - Quash CrPC 73 - Warrant may be directed to any person CrPC 82 - Proclamation For Person Absconding CrPC 83 - Attachment of property of person absconding Issue of Non-Bailable Warrant Issue Of Warrant Legal Procedure Explained - Interpretation of Statutes Md. Rustum Alam @ Rustam Vs State of Jharkhand Non-Bailable Warrant Quashed Order Quashed | Leave a comment

Binod Singh Vs The State Of Jharkhand on 20 April, 2016

Posted on September 26, 2018 by ShadesOfKnife

High Court of Jharkhand had set aside the CrPC 239 dismissal and remitted back the case to lower court to to pass a fresh order in accordance with law on the application filed by the petitioner.

Highlights

It has further been alleged that the previous husband of the informant had died in Kashmir and she had been paid an amount of Rs. 10,00,000/- which amount the petitioner wanted. It has also beenalleged that the informant had given Hero Honda motorcycle, Rs. 2.5 lacks in cash and money for construction of the boundary wall.

In addition to the weird instant complaint filed in 2006 as Kotwali (S.N.) P. S. Case No. 336 of 2006, which attracted IPC 498A, the knife had earlier on the same set of facts, another case was instituted by the informant in 2004 as Kotwali (S.N.) P. S. Case No. 209 of 2004.

It is the exact same PS two complaints were filed, on same set of facts and the first time it was registered as IPC 498A case, and the second time it attracted IPC 498A as well as IPC 494!! When the order taking cognizance dated 27.06.2007 was challenged by the petitioner, the Court is its infinite wisdom, has quashed only IPC 498A in the second case, as it justified the IPC 498A was already there in the first case!!!

Wah bhai wah!!!

Binod Singh Vs The State Of Jharkhand on 20 April, 2016
Posted in High Court of Jharkhand Judgment or Order or Notification | Tagged Binod Singh Vs The State Of Jharkhand CrPC 239 - Discharge Rejection is Set Aside IPC 494 - Not Made Out Two Criminal Cases Cannot Be Permitted on Same Set of Facts | Leave a comment

V.P. Dhanesh Vs State Of Jharkhand on 23 September, 2003

Posted on September 13, 2018 by ShadesOfKnife

In this judgment, Hon’ble High Court of Jharkhand held that Dowry demand allegation after a considerable amount of time after marriage is not maintainable for the simple reason that they do not remain as bride and bridegroom as mentioned in the Dowry Prohibition Act.

Here is the case details from ecourts site.

V.P. Dhanesh Vs State Of Jharkhand on 23 September, 2003
Posted in High Court of Jharkhand Judgment or Order or Notification | Tagged Dowry Prohibition Act 1961 DP Act 4 - Not Made Out Not Authentic copy hence to be replaced V.P. Dhanesh Vs State Of Jharkhand | Leave a comment

Ramdhani Sah Vs The State of Jharkhand on 22 June, 2016

Posted on May 10, 2018 by ShadesOfKnife

This judgment from Jharkhand High Court explains the notorious arrests under CrPC 125(3)

 

Ramdhani Sah vs The State Of Jharkhand on 22 June, 2016
Posted in High Court of Jharkhand Judgment or Order or Notification | Tagged CrPC 125(3) - No Automatic Arrest on Failure To Pay Maintenance Failure To Pay Maintenance Follow CrPC 421 For Maintenance Recovery No Automatic Arrest Ramdhani Sah Vs The State of Jharkhand | Leave a comment

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