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

Citations: 2025 LiveLaw (Pat) 41 To 2025 LiveLaw (Pat) 45NOMINAL INDEXSarojani Educational Trust vs Central Board of Secondary Education 2025 LiveLaw (Pat) 41Pushpa Devi vs The State of Bihar Patna and ors 2025 LiveLaw (Pat) 42Bishal Roadways Versus UOI 2025 LiveLaw (Pat) 43Vijay Kumar Singh vs State of Bihar and Ors 2025 LiveLaw (Pat) 44M/s Sri Sai Food Grain and Iron Stors vs The State of...

Income Tax Act | Bona Fide Belief With Genuineness Of Transaction Constitutes Reasonable Cause U/S 273B; No Penalty Imposable U/S 271E: Chhattisgarh HC

The Chhattisgarh High Court held that bona fide belief coupled with genuineness of transactions constitutes a reasonable cause under section 273B of the Income Tax Act for not invoking Section 271E of the Act. The Division Bench of Justices Sanjay K. Agrawal and Deepak Kumar Tiwari referring to Section 273B of the Income Tax Act stated that the word 'reasonable cause' has not...

J&K High Court Restrains Police From Filing Final Report Against Three Animal Rights Activists Without Prior Permission

J&K High court has directed the Station House Officer (SHO) of concerned Police Station not to submit the final report in an FIR against three animal rights activists under Sections 333, 115(2), and 191(2) of the BNS without prior permission of the Court.The petitioner had sought quashment of the FIR on the ground that it was a retaliatory measure followed by the FIR registered at...

Fiction Of Subsisting Contract Between Advocate & Deceased Client Only For Limited Purpose Of Informing Court About Client's Death: J&K High Court

Reinforcing a critical procedural safeguard, the High Court of Jammu and Kashmir and Ladakh at Srinagar has held that Order XXII Rule 10A CPC introduces a legal fiction deeming the contract between an advocate and a deceased party as subsisting but only for the limited and essential purpose of requiring the advocate to inform the Court about the death of the party they represent.This...

Rights Of Lawful Residents Have Precedence Over Persons Who Encroach Upon Public Land: Delhi High Court Permits Demolition Drive

The Delhi High Court has held that individuals who erect unauthorized structures and encroach upon public land cannot be permitted to assert their purported rights in priority of other citizens.While hearing an application against demolition drive to clear encroachments blocking the city's Taimoor Nagar Drain, a division bench of Justices Prathiba M. Singh and Manmeet Pritam Singh...

'We're Doing This To Enemy Country, Let's Not Do It Within States': High Court On Punjab Allegedly Blocking Nangal Dam Water To Haryana

"We are doing this to our enemy country. Let us not do this within our States,"orally remarked Punjab & Haryana High Court on Tuesday (May 6) while hearing a plea moved by Bhakra Beas Management Board (BBMB) seeking to remove Punjab police forces allegedly deployed at Nangal Dam and Lohand Control Room Water Regulation Offices to block the water to Haryana.After hearing the matter for...

'Political Motive': PIL In Allahabad HC Against Denial Of Permission For Annual Syed Salar Dargah Mela In Bahraich

A Public Interest Litigation (PIL) plea has been filed in the Allahabad High Court challenging the recent decision of the District Administration to deny permission for the annual 'Jeth Mela' at Syed Salar Masood Ghazi Dargah in Bahraich, citing law and order concerns. The PIL, moved by UP residents and 'ardent devotees' of 'Hazrat Syed Salaar Masood Ghazi (Rahmatullah Alaih)',...

Ad-Hoc Arbitrator Can Grant Interest U/S 16 Of MSMED Act, Even If Reference Was Not Made To MSME Council: Delhi High Court

The Delhi High Court bench of Justice Jasmeet Singh held that an ad-hoc arbitrator (appointed under the Arbitration and Conciliation Act, 1996) is empowered to grant interest rate contemplated under Section 16 of the Micro, Small and Medium Enterprises Development Act, 2006, even if the reference was not made to the MSME Facilitation Council for resolving...

Pahalgam Terror Attack: Karnataka High Court Issues Notice On Pakistani Minors' Plea Seeking No Coercive Action Till May 15

The Karnataka High Court on Tuesday (May 6) issued notice to the Union of India, State Government on a petition filed by three minor children who are Pakistani Nationals, seeking to restrain the authorities from taking any coercive action against them until May 15, the date by which they are expected to leave India.A vacation bench Justice M G Uma issued notice and has posted the matter...

'Serious Issue': Uttarakhand HC Asks State If ST Certificates Being Issued Solely Based On Residence In Tribal Area

The Uttarakhand High Court last week sought a response from the State Government on whether Scheduled Tribe certificates are being issued merely on the basis of a person's residence in a tribal area, or if such certificates are granted only to those who belong to the notified tribal communities. A bench of Justice Rakesh Thapliyal has also sought to know as to how many persons...

Penalty U/S 122(1A) Of CGST Act Can Be Imposed On Both Taxable And Non-Taxable Person: Delhi High Court

The Delhi High Court has held that the penalty for GST evasion contemplated under Section 122(1A) of the Central Goods and Services Tax Act 2017, can be imposed on 'any person'— whether taxable or non-taxable.A division bench of Justices Prathiba M. Singh and Rajneesh Kumar Gupta thus differed from the Bombay High Court's decision in Amit Manilal Haria V. The Joint Commissioner of CGST &...

Take Concrete Decision So That No Student Is Excluded From CLAT Due To Language Barrier: Delhi High Court To Consortium Of NLUs

The Delhi High Court has recently directed the Consortium of National Law Universities (NLUs) to take a concrete decision so that no student giving Common Law Admission Test (CLAT) entrance examination is excluded due to language barrier. A division bench comprising Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela was hearing a public interest litigation seeking a direction that CLAT...