Patna High Court Weekly Round-Up: February 17 - February 23, 2025

Nominal Index:Narendra Kumar Ram vs The State Of Bihar and Ors 2025 LiveLaw (Pat) 9Ram Autar Rai vs The State Of Bihar and Ors 2025 LiveLaw (Pat) 10Company Ram @ Tiran Ram and ors vs The State of Bihar and Anr 2025 LiveLaw (Pat) 11Biswajit Kumar Pandey @ Lalu Kumar vs The State of Bihar 2025 LiveLaw (Pat) 12Rakesh Rai vs The State of Bihar 2025 LiveLaw (Pat) 13Surendra Kumar and Anr vs State...

Orissa High Court Denies Claim For Regularization Of Previous Service Due To Extended Delay In Filing

The Orissa High Court bench comprising of Justice Sashikanta Mishra held that claim for regularization of service can be denied due to an extended delay in filing, coupled with the petitioner's subsequent employment in another institution. Background Facts The Petitioner was appointed against an Additional Trained Graduate post on 04.7.1991 in Akhua Odanga High School. She had...

Man Aquitted In 26/11 Mumbai Terror Attacks Case Moves Bombay High Court Seeking 'Right To Livelihood', Judge Recuses From Hearing Plea

One of the accused in the 26/11 Mumbai Terror Attack case - Fahim Arshad Mohammad Yusuf Ansari, who was acquitted from the case on May 6, 2010, has moved the Bombay High Court seeking a 'Police Clearance Certificate' so that he can engage in some employment to earn his livelihood. Ansari was shown to be arrested in the 26/11 attack case in December 2008 while he was already in custody in...

Denying Public Employment To Meritorious Disabled Candidates Due To Partial Disability In Some Other Body Part Bad In Law: Rajasthan HC

The Rajasthan High Court dismissed a batch of appeals moved by the State against an order ruling in favour nursing candidates who were meritorious in the reserved category of “40% or more disability in one leg” but were rejected on account of suffering from some other deformity in other leg/body part.In doing so the court observed act of the State of denying appointment on this ground was...

HoD's Post Can't Be Claimed As An Absolute Right: Madras HC Upholds State University's Amended Statute For Appointments On Rotational Basis

The Madras High Court recently refused to interfere with an amendment made to Statute 25, Chapter IX, Volume 1, University Calendar 2016 of the Madras University through which the University decided to appoint Head of Departments on a rotational basis based on performance and merit of the professors of concerned departments. The bench of Justice SM Subramaniam and Justice K...

Dependents Of Missing Employee, Entitled To Ex-Gratia Compensation After Seven Years Of Employee's Disappearance: Punjab & Haryana HC

The Punjab & Haryana High Court bench comprising of Justice Jagmohan Bansal held that dependents of a missing employee are entitled to ex-gratia compensation after seven years of the employee's disappearance. Background Facts The petitioner's father was working with Municipal Committee, Ambala as an Octroi Peon. He was about to retire on 31.10.1990. But he went missing...

MACT Not Mentioning Nature Of Injuries & Relation To Functional Disability, Jumping To Conclusions: Karnataka HC Directs Training

The Karnataka High Court has said that Motor Accident Claim Tribunals are expected to mention the nature of the injuries suffered by the accident victim and the manner in which it will translate into functional disability, considering the facts and circumstances, especially with reference to the avocation of the victim.Justice C M Joshi said “In umpteen numbers of judgments of the...

Attachment Under Banning Of Unregulated Deposit (BUDS) Act Doesn't Have Precedence Over SARFAESI/ IBC Proceedings: Kerala HC

The Kerala High Court held that attachment under the Banning of Unregulated Deposit Schemes Act (BUDS Act) does not have precedence over proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI Act) or the Insolvency and Bankruptcy Code (IBC)Section 13 of the BUDS Act says that an order of provisional attachment passed by...

Not Proper If Anything Left Unregulated: Madras HC On Gaming Companies' Plea Against KYC, Time Restrictions In Real-Money Games

A group of online gaming companies have approached the Madras High Court challenging the regulations brought in by the Tamil Nadu Online Gaming Authority making KYC verification mandatory for playing real money games and also instructing gaming companies to impose a 'blank hour' from 12 am to 5 am restricting the players from playing real money game during this time. The bench of...

Can't Seek Defence Of Illiteracy To Perform Illegal Act: Bombay HC Rejects Man's Plea Seeking ₹5 Crore For Removal Of Illegal Structure

While observing that a person cannot be permitted to perform an illegal act in the garb of being "illiterate", the Bombay High Court on Tuesday (February 25) dismissed a man's plea who sought Rs 5 crore compensation from the Navi Mumbai Municipal Corporation (NMMC) for demolishing his "unauthorised" structure.A division bench of Justices Ajay Gadkari and Kamal Khata noted that the petitioner...

Medical Education Needs High Standards, It Affects Public Healthcare: Rajasthan HC Nixes Students' Pleas Barred From Exam For Less Attendance

Rejecting a batch of pleas by medical students barred from sitting for examinations as they didn't attend the prescribed number of classes due to illness or other reasons, the Rajasthan High Court said that attendance in MBBS courses was mandatory and keeping in mind a healthcare provider's role educational standards can't be degraded. In doing so the court underscored that without...

Retrospective Pay Reduction Without Prior Notice And Recovery Of Excess Payments After 19 Years Is Not Permissible : Delhi High Court

A division bench of the Delhi High Court comprising of Justice Rekha Palli and Justice Manoj Jain held that reducing employee's pay retrospectively without prior notice and recovering excess payments after the period of 19 years is not permissible. Background Facts The petitioner initially joined the Border Security Force (BSF) as a Constable on 10.11.1978. He joined the...