'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...

Where Witness Version Forms Basis Of FIR, Prosecution Case Can Be Tested Against It As Relevant Fact U/S 11 Evidence Act: Patna High Court

The Patna High Court has held that where the version of a witness forms the basis of the FIR, the entire prosecution case can be tested with reference to the FIR, which then assumes relevance under Section 11 of the Evidence Act.A Division Bench of Justice Bibek Chaudhuri and Justice Ansul was hearing two connected criminal appeals [Criminal Appeal (DB) No. 1311 of 2019 and Criminal Appeal...

'Child Last Seen With Accused, Found Dead Within 10 Hours': Patna High Court Upholds Rape-Murder Conviction

The Patna High Court has upheld the conviction of two accused in a rape and murder case of an eight-year-old girl, holding that where the prosecution establishes the “last seen” circumstance with a narrow time gap (in this case about 10 hours) the burden shifts on the accused under Section 106 of the Evidence Act to explain the death.A Division Bench of Justice Bibek Chaudhuri and...

State Estopped From Challenging Order After Unconditional Compliance: Patna High Court Dismisses Appeal

The Patna High Court has held that where the State unconditionally complies with a judicial order (without making such compliance subject to the outcome of a pending appeal) it is estopped from subsequently challenging the same order.A Division Bench of Justice Sudhir Singh and Justice Shailendra Singh was hearing a Letters Patent Appeal filed by the State of Bihar challenging the order...

“Bihar Police's Circular On Girls' Safety In Hostels Lacks Penal Consequences For Non-Compliance; Must Be Enforced”: Patna High Court

The Patna High Court has observed that the circular issued by the Bihar Police regarding safety measures for girls residing in private hostels and lodges does not provide for any penal consequences in case of non-compliance, and emphasised that the same must be strictly implemented with follow-up action.A Division Bench comprising Chief Justice Sangam Kumar Sahoo and Justice Harish Kumar...

Patna HC Declines Interference In BIADA Plot Cancellation, Says Disputed Facts Not Amenable To Writ Jurisdiction

The Patna High Court has held that cancellation of industrial plot allotment and forfeiture of deposited amount under the Bihar Industrial Area Development Authority (BIADA) Act cannot be interfered with in writ jurisdiction when statutory procedure is followed and disputed questions of fact arise.A Division Bench of Chief Justice Sangam Kumar Sahoo and Justice Harish Kumar was hearing a...

“Interim Stay Of Notification Not Ground To Deny Compensation”: Patna High Court Upholds ₹5 Lakh Relief To Accident Victim's Family

The Patna High Court has refused to interfere with a Single Judge's direction to pay interim compensation to a victim's family, including a conditional direction restraining the District Magistrate from drawing salary upon non-compliance, holding that benefits under a valid notification cannot be denied merely due to its interim stay during pendency of litigation.A Division Bench comprising...

'Beneficial Schemes Must Be Interpreted Liberally But Can't Override Express Terms': Patna High Court Denies Retrospective Family Pension

The Patna High Court has held that a beneficial executive policy cannot be applied retrospectively in the absence of express provision, reiterating that courts cannot expand the scope of a scheme beyond its stated terms.The court said so while denying extension of extraordinary family pension to the widow of a police officer killed in a Naxalite attack, who had sought benefit under a 2005...

'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...