Patna High Court
'Govt Recognition' Means Recognition By Indian Authorities; Certificate From Nepal Institute Not Valid For PDS Licence: Patna High Court
The Patna High Court has held that where eligibility for a Public Distribution System (PDS) licence requires an educational certificate recognised by the “Government”, the expression refers to the Government of India or authorities within India or under its control.A Single Judge Bench of Justice Girijish Kumar upheld the rejection of a candidate whose computer certificate had been obtained from an institute in Nepal.The petitioner had applied for a licence for a vacant PDS shop and submitted a...
Bihar Teacher Transfer Rules Give Preference To Spouses In Govt Service For Posting At Same Place: Patna High Court
The Patna High Court has observed that the Bihar State Teachers Transfer Rules, 2026 specifically provide for preference in transfer where both spouses are in government service, and directed consideration of two teachers' requests for posting in the Patna Sadar Urban Region where their husbands work.A Single Judge Bench of Justice Harish Kumar directed the District Establishment Committee to consider the petitioners' transfer requests under the 2026 Rules and take a decision preferably within...
Patna High Court Quashes FIR Against Retired DSP For Attending 'Fish Party' During Covid Lockdown
The Patna High Court has quashed a 2020 FIR against a former DSP for allegedly attending a “fish party” during the Covid-19 lockdown in violation of social distancing guidelines.A Single Judge Bench of Justice Soni Shrivastava said that the petitioner may have committed an administrative lapse, but found that continuing the criminal case against him would not serve the interests...
Patna High Court Dismisses PIL Seeking Suspension Of Police Officers Over Alleged Lathi Charge During Students' Protest
The Patna High Court has dismissed a PIL seeking suspension of senior Patna police officers and action against police personnel over an alleged lathi-charge on students.A Division Bench of Acting Chief Justice Sudhir Singh and Justice Rajesh Kumar Verma said that a third party cannot ordinarily invoke PIL jurisdiction to seek disciplinary action against individual employees.The PIL sought...
Failure To Pay Balance Sale Consideration Cannot By Itself Amount To Cheating: Patna High Court
The Patna High Court has held that failure to pay the balance sale consideration under an agreement cannot by itself constitute cheating unless dishonest or fraudulent intention existed when the promise was made.A Single Judge Bench of Justice Alok Kumar Pandey observed that such intention cannot be presumed merely because a party subsequently failed to keep its promise.The case arose from a...
Lowest Or Sole Bidder Has No Vested Right To Contract Until Letter Of Acceptance Is Issued: Patna High Court
The Patna High Court has held that merely emerging as the lowest or sole successful bidder does not give a bidder a vested right to the contract. Such a right does not arise until the competent authority accepts the bid and communicates its acceptance.A Division Bench of Acting Chief Justice Sudhir Singh and Justice Rajesh Kumar Verma said that until then, a bidder only has a right to fair...
Voter List Entry Showing Spouse's Name Not Proof Of Valid Hindu Marriage: Patna High Court
The Patna High Court has held that a person's name appearing as a spouse in the voter list does not, by itself, prove a valid Hindu marriage. Where the marriage itself is disputed, the party asserting it must prove that the marriage was solemnised through the rites and ceremonies required under Section 7 of the Hindu Marriage Act, 1955. A Division Bench of Justice Bibek Chaudhuri and Justice...
Patna High Court Upholds 3-Year Blacklisting Of DDU-GKY Agency Over Fabricated Placement Records
The Patna High Court has upheld the three-year blacklisting of an agency engaged to implement a placement-linked skill development programme under the Deen Dayal Upadhyaya Grameen Kaushalya Yojana (DDU-GKY), after verification found fabricated bank statements, discrepancies in employment records and beneficiaries denying that they had been placed.A Division Bench of Acting Chief Justice...
Patna High Court Directs CBI Probe Into Missing Man After Alleged Detention, Custodial Violence By Excise Officials, Slams Police Inaction
The Patna High Court has transferred to the CBI the investigation into the disappearance of a man who allegedly went missing after being detained and brutally assaulted by Excise Police officials in Bhojpur district.A Division Bench of Justice Rajeev Ranjan Prasad and Justice Alok Kumar Sinha said that the case presented “rare and exceptional” circumstances warranting transfer of the...
Non-Supply Of Enquiry Report Not Mere Procedural Irregularity When Authority Relies On It To Terminate Contract: Patna High Court
The Patna High Court has held that once the Food Corporation of India (FCI) relies on an enquiry report to terminate a contract and impose civil consequences, it must first furnish a copy of that report to the affected contractor. The Court held that denial of the report deprives the contractor of an effective opportunity to respond and violates the principles of natural justice. A Division...
WhatsApp Messages Inadmissible Without Section 65B Certificate, Oral Evidence Cannot Cure Defect: Patna High Court
The Patna High Court has held that WhatsApp messages relied upon as electronic evidence cannot be read in evidence without the mandatory certificate under Section 65B(4) of the Indian Evidence Act. It added that oral evidence cannot cure the absence of the statutory certificate.A Division Bench of Justice Bibek Chaudhuri and Justice Rana Vikram Singh made the observation while setting aside...