Senior Citizens Act | Maintenance Tribunal Has No Jurisdiction Over Complaints Not Seeking Maintenance Or Property Transfer: Patna High Court

The Patna High Court has ruled that the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 does not empower the Maintenance Tribunal to entertain complaints that do not seek maintenance or challenge a property transfer. Justice Jitendra Kumar, presiding over the case, observed, “As per the statutory provisions of Maintenance and Welfare of Parents and Senior Citizens Act, 2007,...

Seriousness Of Offence Not Ground To Deny Bail To Juvenile, 'Ends Of Justice' Mean Development, Rehabilitation, Protection Of Child: Patna HC

The Patna High Court has reiterated that the involvement of a juvenile in an offense of serious nature is not, by itself, a ground for denying bail under the Juvenile Justice (Care and Protection) Act, 2015. It thus overturned the order of the Children Court, which had rejected the bail petition of the appellant on the grounds that he was involved in a murder case, had bad company, and that...

Purchaser Can Get Title Conveyed Only If Seller Has Title To Property: Patna High Court

The Patna High Court has reiterated that a purchaser can acquire a valid title to a property only if the seller possesses a legal title to transfer.Justice Jitendra Kumar while delivering the judgment in a criminal case launched over alleged false transfer of Petitioner's property y accused said, “the complainant has not parted with any property to the Accused persons, nor has he executed...

Breath Analyzer Test Is Not Conclusive Proof Of Alcohol Consumption: Patna High Court Quashes FIR

The Patna High Court has reiterated that a breathalyzer test alone is not conclusive proof of alcohol consumption and the same cannot be the sole basis of criminal prosecution under the Bihar Prohibition and Excise Act, 2016.Justice Bibek Chaudhuri presiding over the case said, “This Court has no other alternative but to hold that the authorities failed to consider the observation of...

Procedural Impediments In Govt Machinery Not 'Sufficient Cause' For Condoning Delay In Filing Appeal U/S 37 Of Arbitration Act: Patna High Court

The Patna High Court Bench of Justice Ramesh Chand Malviya has held that procedural impediments in the government machinery are not a 'sufficient cause' for condoning the delay in filing the appeal. Additionally, the court held that the conduct, behaviour and attitude of a party relating to its inaction or negligence are relevant factors in condoning...

Unilateral Appointment Clause Of Arbitrator Hinders Equal Participation Of Parties In Appointment Process: Patna High Court

The Patna High Court Bench of Chief Justice K. Vinod Chandran held that a clause that allows one party to unilaterally appoint a sole arbitrator gives rise to justifiable doubts as to the independence and impartiality of the arbitrator. Further, such a unilateral clause is exclusive and hinders equal participation of the parties in the appointment process...

Centre Appoints Justice Ashutosh Kumar As Acting Chief Justice Of Patna High Court

Today, the Central Government notified the appointment of Justice Ashutosh Kumar as the acting chief justice of the Patna High Court. This development comes soon after the Union Government notified the appointment of Chief Justice K Vinod Chandran as a judge of the Supreme Court of India."In exercise of the power conferred by Article 223 of the Constitution of India, the President is pleased...

Individuals Not Charge-Sheeted Can Be Summoned To Face Trial If Evidence Establishes Their Involvement In Offence: Patna High Court

The Patna High Court has held that those not charge-sheeted by the police can also be summoned to face trial under Section 319 of the Code of Criminal Procedure India, 1973 (Cr.PC) if strong and cogent evidence against them surfaces during the trial.Justice Jitendra Kumar, while dismissing the criminal revision petition filed by Draupadi Kunwar and others, observed, “The Court is empowered...

'Re-evaluation Is Not Permissible In Cases Where Authorities Have Ensured Clarity', Patna High Court

A Division Bench of the Patna High Court comprising Chief Justice K. Vinod Chandran and Justice Nani Tagia while setting aside a judgment of a Single Judge directing re-evaluation held that in cases related to re-evaluation, the court may permit such re-evaluation or scrutiny only if it is demonstrated very clearly, without any "inferential process of reasoning or by a process...

Patna High Court Annual Digest 2024

Nominal Index [Citations: 2024 LiveLaw (Pat) 1-133]Ajay Kumar Mahto vs The State of Bihar and Ors 2024 LiveLaw (Pat) 1M/s Flipkart Internet Pvt vs The State of Bihar and Ors 2024 LiveLaw (Pat) 2Ravi Shankar and Anr vs The State of Bihar and Ors 2024 LiveLaw (Pat) 3M/s Nav Nirman Construction vs The Union of India & Ors 2024 LiveLaw (Pat) 4Urmila Devi Jain & Ors vs. Ashok Kumar &...

'Recovery Of Excess Amount From Retired Employee For Period More Than Five Years Before Order Of Recovery Is Impermissible', Patna High Court

A Division Bench of the Patna High Court comprising Justice Arvind Singh Chandel allowed a Petition challenging an Order of Recovery from a Retired Clerk who was paid an excess amount due to alleged wrong pay fixation. The Court reiterated that the recovery of excess amount paid by mistake is not permissible in cases where the recovery is made in case of employees belonging to...

Cognizance Of Offence U/S 188 IPC Requires Complaint By Public Servant, Not FIR: Patna High Court Quashes Magistrate's Order

The Patna High Court in a judgment delivered recently, quashed the cognizance taken by the Judicial Magistrate of offence under Section 188 of the Indian Penal Code (IPC). The court held that cognizance for the offence under Section 188 IPC cannot be taken on the basis of a police report and must adhere strictly to the requirements of Section 195(1)(a) of the Code of Criminal...