Patna High Court Dismisses PIL Against Bihar Govt’s Decision To Empanel Shooters For Shooting Vermin

The Patna High Court has dismissed a Public Interest Litigation challenging the State government’s decision to constitute a committee for the empanelment of shooters for the purpose of shooting vermin in Bihar.The petition had further challenged the letters detailing necessary requirements for such empanelment and the method of evaluation of the shooters to be empanelled. It alleged that even those persons who have been issued with licenses, which do not permit shooting of wild animals, are...

Forceful Seizure Of Vehicles By Recovery Agents Unconstitutional & Illegal, Compliance Of SARFAESI Act, RBI Guidelines Must: Patna High Court

In a significant ruling, the Patna High Court has said that banks and finance companies cannot use recovery agents to forcefully seize vehicles of customers who have defaulted on car loans, without following the proper procedure under law. The judgment was delivered by Justice Rajeev Ranjan Prasad while disposing of a batch of pleas filed by aggrieved petitioners against the action of the contesting respondents, namely, Tata Motor Finance Limited, IndusInd Bank Limited, Shri Ram Finance...

Patna High Court Dismisses PIL Alleging Encroachment At Congress Maidan, Says Bihar Pradesh Congress Committee Can Approach Appropriate Forum

Observing that it is for the Bihar Pradesh Congress Committee to fight against any encroachment of Congress Maidan, the Patna High Court has dismissed a public interest litigation filed by the Congress Maidan Bachao Samiti in this regard. The division bench of Chief Justice K. Vinod Chandran and Justice Madhuresh Prasad noted that admittedly, the Congress Maidan belongs to the Bihar Pradesh Congress Committee, in whose name the Jamabandi has also been created in the revenue records."We...

Patna High Court Directs District Magistrate To Conclude Enquiry Into Alleged Illegality In Bihar Cricket Association Election Within 45 Days

The Patna High Court has directed the District Magistrate, Patna to conclude enquiry into the allegations of illegalities in the elections to the Bihar Cricket Association within a period of 45 days. The court was hearing a petition seeking a direction upon the District Magistrate, Patna to conclude the enquiry as directed by the Inspector General, Prohibition, Excise and Registration, Government of Bihar relating to illegalities committed in the elections to the governing body of the Bihar...

Police Must Mention Details Of Complainant, Gist Of Complaint In Station Diary Before Proceeding For Verification: Patna High Court

The Patna High Court has said the police, before carrying out a verification exercise, must first mention the name of the complainant, his details and gist of the complaint in the station diary and then proceed for verification. “If the police get any complaint, it should at least mention the name of the complainant, his details and a gist of the complaint in the station diary before proceeding to verify the allegations,” a bench of Justice Sandeep Kumar observed. The court was...

Patna High Court Dismisses PIL Seeking Inquiry Into Alleged Malpractices In Issuance Of Ration Cards in Bihar

The Patna High Court has dismissed a Public Interest Litigation seeking an inquiry into the alleged malpractice and irregularities in issuance of Ration Cards in fictitious names in Bihar. The petitioner had placed on record certain alleged irregularities with reference to a particular dealer under the Public Distribution System and had also mentioned names of family members of certain Ration Card holders. The State informed the court that it had taken some action including deletion of names of...

Hope Both Centre & State Govt Expedite Process For Establishment Of Second AIIMS In Bihar: Patna High Court

Closing proceedings in a petition seeking a second All India Institute of Medical Sciences (AIIMS) in Bihar, the Patna High Court said it hopes that both the Central Government and the State Government would expedite the process of the establishment of the hospital as the same "would definitely inure to the benefit of the residents of the Bihar and would be a major step in providing...

Patna High Court Questions State's Policy On Promotion Of Welfare Department Employees

Observing that transferring the employee from the post of In-Charge, District Welfare Officer to the position of Block level Welfare Officer was malafide, the Patna High Court directed the State to immediately reinstate the person to the previous position and also ordered it to initiate the process of promotion as per the Cadre Rules, 2010."In case, the petitioner is found entitled for...

Child Custody Orders Not Rigid And Final, Capable Of Being Altered Keeping In Mind Needs Of Child: Patna High Court

The Patna High Court has said that the orders passed in cases of child custody cannot be made rigid and final and are capable of being altered, keeping in mind the needs of the child. The court said custody orders are always considered interlocutory orders.“Under Section 26 of the Hindu Marriage Act, 1956, the Court has been empowered to pass any order or make any arrangement in respect...

Patna High Court Dismisses PIL Alleging Non-Compliance Of RTE Act By Schools In Bihar

The Patna High Court has dismissed a Public Interest Litigation (PIL) alleging non-compliance of the provisions of the Rights of Children to Free and Compulsory Education Act, 2009 by schools in Bihar. The division bench comprising Chief Justice K. Vinod Chandran and Justice Madhuresh Prasad observed that the petitioner approached the court by making vague and sweeping allegations...

Patna High Court Dismisses Plea Seeking Reservation For Freedom Fighters' Grandchildren In Recruitment Of Assistants In HC

The Patna High Court recently dismissed a petition seeking reservation for grandchildren of freedom fighters in the recruitment for the position of Assistants in the High Court. The petition was filed by Vikash Kumar after the High Court invited online applications on 03-02-2023 from eligible candidates for appointment to 550 vacant posts of Assistants (Group B) in the Patna High Court....

Section 45(5A) Of Income Tax Act Inserted By Way Of An Amendment In Finance Act, 2017 Cannot Be Treated As Retrospective: Patna HC

In a recent judgment, the Patna High Court has ruled that sub-section (5A) of Section 45 of the Income Tax Act, 1961, inserted by the Finance Act, 2017, has no retrospective effect. The division bench of Chief Justice K. Vinod Chandran and Justice Madhuresh Prasad passed the above ruling while hearing a batch of writ petitions challenging the notices issued under Section 148 of the Income...