Merely Stating Caste Name Or Using Abusive Language Won't Attract SC/ST Act If Not In Public View: Patna High Court

The Patna High Court has quashed criminal proceedings under the SC/ST (Prevention of Atrocities) Act and IPC provisions, holding that the prosecution appeared to be a “counterblast” to an earlier dowry harassment complaint filed by one of the accused against her husband and in-laws. A Single Judge Bench of Justice Anil Kumar Sinha was hearing an application seeking quashing of the order...

Being On Bail Does Not Disqualify Convict From Seeking Premature Release: Patna High Court

The Patna High Court has held that a convict's application for premature release can be considered even if the convict is on bail, as eligibility depends on the total sentence served and not only on the period of physical incarceration. A Division Bench of Chief Justice Sangam Kumar Sahoo and Justice Harish Kumar was hearing a criminal appeal where the Court was examining the refusal to...

Mutating Private Names Over Govt Land Amounts To Creating 'Parallel Revenue Documents': Patna HC Upholds Dismissal Of Clerk

The Patna High Court has upheld the dismissal of a Revenue Clerk accused of mutating names of private persons over government land, observing that the misconduct amounted to creation of “parallel revenue documents” inconsistent with official revenue records. A Division Bench of Justice Sudhir Singh and Justice Shailendra Singh was hearing an intra-court appeal challenging a Single Judge order dismissing the appellant's writ petition against disciplinary proceedings initiated against him.The...

Patna HC Flags 'Human Rights Violation' In Keeping Recovered Mental Health Patients In Hospitals Due To Lack Of Half-Way Homes

The Patna High Court has observed that compelling recovered mental health patients to continue staying in mental hospitals because of lack of space in half-way homes amounts to a recognised violation of human rights under the Mental Healthcare Act, 2017. A Division Bench of Chief Justice Sangam Kumar Sahoo and Justice Harish Kumar was hearing a suo motu matter concerning mental...

Article 226 Cannot Be Invoked On Mere Apprehension Of Tender Disqualification Without Actual Legal Injury: Patna High Court

The Patna High Court has held that a writ petition under Article 226 of the Constitution cannot be maintained merely on the basis of an apprehension that a bidder may be disqualified from a tender process, particularly when the bidder has neither participated in the tender nor suffered any actual adverse action.A Division Bench of Justice Sudhir Singh and Justice Shailendra Singh observed...

'Labour Law Is Charter Of Human Rights At Workplace, Govt Cannot Play “Hide & Seek” With Employees': Patna HC Restores Back Wages

The Patna High Court has held that where a Labour Court award directing reinstatement with full back wages remains unchallenged, the executing order passed under Section 33C(2) of the Industrial Disputes Act for computation of such dues cannot be interfered with in a manner that nullifies the original award. A Division Bench of Chief Justice Sangam Kumar Sahoo and Justice Harish Kumar was...

Bidder Has No Enforceable Right To Challenge Tender Disqualification After Expiry Of Bid Validity Period: Patna High Court

The Patna High Court has held that once the validity period of a tender bid expires, no enforceable or workable relief can be granted to a bidder in a challenge to technical disqualification, even if allegations of wrongful rejection are raised. The Court observed that after expiry of the bid validity period, adjudication on the merits of the disqualification becomes “largely academic.”...

State Cannot Debar Contractor For Delay After Extending Time During COVID Period: Patna High Court Quashes Debarment

The Patna High Court has held that once the State grants extension of time for completion of contractual work during the COVID-19 period and the contractor completes the work within the extended timeline, the contractor cannot subsequently be debarred on the ground of delay. The Court further held that blacklisting without issuance of a show cause notice violates both statutory rules...

Patna High Court Refuses Divorce On “Vague” Adultery Allegations; Says Evidence Beyond Pleadings Cannot Be Considered

The Patna High Court has upheld the dismissal of a husband's divorce plea founded on allegations of adultery, holding that vague and unsubstantiated accusations without particulars of time, place, or identity cannot sustain a decree of divorce. The Court further reiterated that evidence beyond pleadings cannot be relied upon to grant relief.A Division Bench of Justice Nani Tagia and Justice...

'Seriously Disputed Questions Of Fact, Particularly Possession Claims, Cannot Be Adjudicated In Writ Jurisdiction': Patna HC

The Patna High Court has reiterated that writ jurisdiction under Article 226 is not meant for adjudication of seriously disputed questions of fact, particularly where rival claims regarding possession of land require detailed examination of evidence and factual determination.A Division Bench of Justice Sudhir Singh and Justice Shailendra Singh was hearing an intra-court appeal challenging...

'143 Premature Release Applications Pending Before Remission Board; Delay Defeats Reformative Objective': Patna High Court

The Patna High Court has expressed concern over the pendency of 143 applications for premature release before the Bihar State Sentence Remission Board, observing that delay in processing such cases defeats the very philosophy of reformation and rehabilitation.A Division Bench comprising Chief Justice Sangam Kumar Sahoo and Justice Harish Kumar was hearing a criminal appeal where issues...

'Ensure Smooth Conduct Of National Lok Adalat For Traffic Challan Settlement; Access To Justice Must Not Be Hindered': Patna HC

The Patna High Court has issued a series of directions to ensure smooth and orderly conduct of the upcoming National Lok Adalat for disposal of traffic challan matters, emphasising that access to courts must remain unhindered and that arrangements must be made to handle the expected large footfall.A Division Bench comprising Chief Justice Sangam Kumar Sahoo and Justice Harish Kumar was hearing...