Service Of Notice Presumed Effective Upon Expected Delivery Time Unless Proven Otherwise: Patna High Court

The Patna High Court has affirmed that service of notice is presumed to be effective upon the letter's expected delivery time in the ordinary course of business, unless the addressee can prove otherwise.Justice Sunil Dutta Mishra, while presiding, reiterated, “Section 114 of the Evidence Act, 1872 enables the Court to presume that in the common course of natural events, the communication...

State's Alcohol Ban Led To Illegal Liquor Trade; Police, Excise, Tax, Transport Dept Officials Love The Ban As It Means Big Money: Patna HC

While quashing the penalty of demotion imposed on an Inspector on the ground that he had been negligent in implementing the Excise Prohibition law, the Patna High Court observed that while the law was passed with the objective of improving public health however "for several reasons, it finds itself on the wrong side of the history".In doing so the court observed that prohibition law in the...

Recovery Of Excess Payment From Lower-Rung Employees Violates Article 14: Patna HC Imposes Rs 5 Lakh Penalty On Child Development Project Officer

The Patna High Court has reiterated that recovering excess payments from employees in the lower service tiers, such as Class-III and Class-IV staff, is iniquitous and would place an undue burden on them, exceeding any reciprocal benefit to the employer.Justice Purnendu Singh, presiding over the matter, emphasised, “employees in lower rung of service would spend their entire earnings in...

[Dowry Death] When Offence Committed Inside House, Initial Burden Of Proof Rests On Prosecution But Degree Becomes Lighter: Patna High Court

The Patna High Court has clarified that, under Section 106 of the Indian Evidence Act, requiring an appellant to explain the cause of a deceased's death without the prosecution first proving basic facts would amount to an improper interpretation of the law.The Court stated that the prosecution must establish foundational facts showing involvement of the appellant and others in the alleged...

Withholding Rape Victim's Medico Legal Report Raises Adverse Presumption Against Prosecution Case: Patna HC Acquits Life Convict After 12 Yrs

The Patna High Court has acquitted a man 12 years after conviction for rape, while observing that withholding a rape victim's medico-legal examination report raises adverse presumption against the prosecution's case.Justice Jitendra Kumar, while delivering the judgment, noted that the medico-legal examination report of the informant was not placed on record. The bench observed, “there is...

Intervenor Can't Insist On Being Added As Party In Partition Suit When Claim Is Based On Unregistered Gift Deed: Patna High Court

While allowing a plea against an order which permitted the impleadment of an intervenor in a partition suit, the Patna High Court observed that the intervenor cannot insist on being added as a party to the suit as her claim was based on an unregistered gift deed. In doing so the high court observed that intervenor may make her claim in her independent capacity on the basis of her right and...

Decree Doesn't Become Nullity Only Due To Death Of Some Defendants During Suit If Right To Sue Survives Against Remaining Defendants: Patna HC

The Patna High Court dismissed a petition under Article 227 of the Constitution challenging the Sub Judge's order that denied an application to dismiss an execution case. The court held that a decree does not become null for all defendants if the right to sue persists against the remaining defendants.Justice Arun Kumar Jha, presiding over the case observed, “In the present case, even...

Employee's Request For Reinstatement After Acquittal Can't Be Rejected Without Re-Examining Material Forming Basis Of Termination: Patna HC

While quashing the health department's order terminating the services of a man, the Patna High Court reiterated that natural justice principles require that an individual must be given the opportunity to respond to any adverse evidence before such punitive actions are taken against them. In doing so the high court observed that the respondent-Department should have re-examined the...

Land Acquisition | Sale Statement Cannot Be Relied Upon For Compensation Without Examining Vendors Or Vendees: Patna High Court Reiterates

The Patna High Court has made it clear that while determining compensation for land acquisition, mere statement of exemplar sale is not sufficient without examining the vendors or vendees involved.Justice Nawneet Kumar, presiding over the case, observed, “It is an admitted fact that the compensation of the acquired land was assessed on the basis of the sale statement (Ext.C) of another...

Seniority Is Reckoned With Ph.D. Acquisition Date, Not Initial Appointment Date For Principal-In-Charge Position: Patna High Court Clarifies UGC Regulations

Patna High Court: A Division Bench comprising Chief Justice K. Vinod Chandran and Justice Partha Sarthy dismissed a writ petition challenging the appointment of Dr. Krishna Murari Sah as Principal-in-Charge of Sitaram Sahu College, Nawada. The Court held that despite his later appointment, Dr. Sah acquired his Ph.D. earlier, making him senior to the petitioner under UGC Regulations....

If Appeal Is Preferred Beyond Limitation, Notice Must Be Issued To Respondent; Court Can't Directly Proceed On Merits: Patna High Court

The Patna High Court has made it clear that if an appeal is filed beyond the period of limitation, a notice of hearing is to be mandatorily issued to the respondent party.Single bench of Justice Arun Kumar Jha added that appellate court cannot proceed with the appeal on merits keeping the issue of limitation pending till final judgment. It reasoned,"...issuance of notice to the respondent is...

Termination Of Service After Employee's Retirement Unknown To Law In Absence Of Pending Departmental Proceedings: Patna High Court

The Patna High Court recently allowed a petition challenging an office order from the Water Resources Department that halted petitioner's pension after four years and eight months of his superannuation from the post of Mapak.The court ruled that a delinquent employee would be considered to be in service, even after reaching retirement age, only if a valid departmental proceeding had...