'Administrative Action Must Be Judged On Material Available At Relevant Time; Subsequent Developments Cannot Invalidate It': Patna HC

The Patna High Court has reiterated that the validity of administrative action must be assessed on the basis of materials available at the time of decision, holding that subsequent developments cannot be used to invalidate an otherwise lawful action.A Division Bench of Justice Sudhir Singh and Justice Shailendra Singh was hearing a writ petition challenging the decision of the Departmental...

Patna High Court Directs State To Comply With SOP Barring Arbitrary Raising Of Road Level, Contractor To Face Penalty For Violation

The Patna High Court has directed all state authorities and construction contractors to adhere to Standard Operating Procedure issued by Road Construction Department which prohibits arbitrary raising of road level without prior approval of the department. In doing so the court said that the concerned contractor deviating from SOP shall face rescission of contract and face penal...

Failure To Frame Issues In Divorce Case Leads To 'Ballpark Assessment': Patna High Court Sets Aside Family Court Decree

The Patna High Court has held that failure of a trial court to frame specific issues in a matrimonial dispute under Section 13 of the Hindu Marriage Act, 1955 vitiates the adjudication, observing that conclusions drawn without such issues amount to a “ballpark assessment” rather than a reasoned determination.A Division Bench of Justice Nani Tagia and Justice Alok Kumar Pandey was hearing...

Hindu Marriage Act | Living Separately U/S 13B Defined By Cessation Of Marital Obligations, Regardless Of Physical Residence: Patna HC

The Patna High Court has clarified that the expression “living separately” under Section 13B of the Hindu Marriage Act, 1955 refers to cessation of marital obligations and not merely physical separation, upholding the rejection of a mutual divorce petition where parties had resumed conjugal relations within the statutory period.A Division Bench of Justice Nani Tagia and Justice Alok...

Mere Communication Of Order By Subordinate Officer Not Delegation Of Statutory Power: Patna High Court Upholds Prisoner Transfer Extension

The Patna High Court has held that mere communication of an order by a subordinate officer does not amount to delegation of statutory power, upholding the extension of a prisoner's transfer ordered by prison authorities.A Single Judge Bench of Justice Alok Kumar Pandey was hearing a criminal writ petition challenging the order dated 30.10.2025 issued by the Assistant Inspector General...

'Person Cannot Oscillate Between Two Caste Identities To Derive Benefits, Undermines Sanctity Of System': Patna High Court

The Patna High Court has held that a person cannot be permitted to take inconsistent stands regarding caste identity to derive electoral benefits, upholding proceedings initiated for disqualification of a Mukhiya elected from an Extremely Backward Class (EBC) reserved seat.A Division Bench of Justice Sudhir Singh and Justice Shailendra Singh was hearing an intra-court appeal against the...

Vague Expressions Such As “Bad Work” Cannot Be Presumed As Penetrative Sexual Assault Without Evidence': Patna HC Sets Aside POCSO Conviction

The Patna High Court has held that vague expressions such as “bad work” cannot, in the absence of clear ocular or medical evidence, be presumed to amount to penetrative sexual assault under the POCSO Act, setting aside the conviction of an accused under Section 4 of the Act.A Division Bench of Justice Bibek Chaudhuri and Justice Chandra Shekhar Jha was hearing a criminal appeal filed by...

'Delay In Joining With Due Permission Cannot Deprive Employee Of Old Pension Scheme': Patna High Court

The Patna High Court has held that where delay in joining service is duly permitted by the authorities, such delay cannot be used to deny the benefit of the Old Pension Scheme (OPS), especially when the recruitment process was completed prior to the cut-off date.A Division Bench comprising Chief Justice Sangam Kumar Sahoo and Justice Harish Kumar was hearing a Letters Patent Appeal filed by...

'Non-Supply Of Relied-Upon Documents Deprives Employee Of Meaningful Defence; Enquiry Reduced To Mere Formality': Patna High Court

The Patna High Court has held that failure to supply documents relied upon in a departmental enquiry vitiates the entire proceeding, as it deprives the delinquent employee of a meaningful opportunity to defend himself, in violation of principles of natural justice.A Division Bench of Justice Sudhir Singh and Justice Sunil Dutta Mishra was hearing an intra-court appeal challenging the...

'Debt Recovery Appellate Tribunal Is Not Mere Adjudicatory Body; Can Set Aside Default Orders To Do Complete Justice': Patna HC

The Patna High Court has held that dismissal of an appeal for non-compliance with the pre-deposit requirement under Section 21 of the Recovery of Debts and Bankruptcy Act, 1993 is procedural in nature and does not extinguish the statutory right of appeal, affirming the power of the Debts Recovery Appellate Tribunal (DRAT) to recall such orders.A Division Bench of Justice Sudhir Singh and...

State Must Bridge “Rehabilitation Gap” In Mental Healthcare, Ensure Recovery Leads To Doorway, Not Dead-End: Patna HC

The Patna High Court has emphasised that the State must ensure proper rehabilitation of cured mental health patients, observing that failure to provide adequate post-treatment support risks converting mental health institutions into spaces of detention, in violation of Article 21.A Division Bench comprising Chief Justice Sangam Kumar Sahoo and Justice Harish Kumar was hearing a suo motu...

'Power To Decide Includes Power To Initiate Proceedings; No Writ Petition Lies Against Blacklisting Show Cause Notice': Patna High Court

The Patna High Court has held that a show cause notice initiating blacklisting proceedings cannot ordinarily be challenged under Article 226, reiterating that the authority empowered to take a final decision is equally competent to initiate the process.A Division Bench of Justice Sudhir Singh and Justice Shailendra Singh was hearing a writ petition challenging a show cause notice dated...