'No Sufficient Cause Was Shown Before Passing Detention Order': Patna High Court Orders Release Of Detenue Arrested Under PITNDPS Act

The Patna High Court on Wednesday (August 14) ordered the release of a detenue who was detained pursuant to the order passed by the Joint Secretary, Government of India, under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (“PITNDPS”). The release was ordered because the opinion of the advisory board recommending the detention of...

AO Not Empowered To Summarily Reject Section 197 Application: Patna High Court

The Patna High Court has held that a demand pending against the assessee would not clothe the Assessing Officer with the power to summarily reject an application under Section 197 of the Income Tax Act. The bench of Chief Justice K. Vinod Chandran and Justice Partha Sarthy has observed that Section 197 only clothes the Assessing Officer with the power to satisfy himself that the total income...

Patna High Court Directs Reinstatement Of CRPF Personnel Dismissed From Service For Absence Due To Taking Care Of Mother Diagnosed With Cancer

The Patna High Court on Tuesday directed the reinstatement of a CRPF personnel who was dismissed from the service on account of being absent from duty for 196 days to take care of his mother, who was suffering from cancer. “In the present case, the appellant is found to be absent from duty and he gave explanation that his mother was diagnosed with Cancer and he had applied leave for...

Bihar Industrial Incentive Policy | Except VAT Amount Assessee Couldn't Claim Other Incentives By Way Of Reimbursement Of Entry Tax Amount: Patna HC

While interpreting the Bihar Industrial Incentive Policy, 2006 (“Policy”), the Patna High Court on Tuesday (Aug. 6) observed that an assessee who paid Entry Tax (“ET”) while importing the goods in the state can claim 80% reimbursement only the Value Added Tax (“VAT”) ought to be paid by the assessee.Setting aside the order of the Single Bench, the bench comprising Chief Justice...

Courts Or Tribunals Referring Disputes To Lok Adalat Barred From Entertaining Appeals Against Awards Passed In Such Cases: Patna High Court

The Patna High Court on Tuesday (Aug. 6) held that it would be impermissible for the courts/tribunals referring a matter for settlement to Lok Adalats to examine the correctness of the award passed by the Lok Adalat. The court said that the referral courts/tribunals would also be barred from entertaining the challenge to the award passed in the Lok Adalat on the grounds of fraud...

Probation Of Offenders Act | Before Granting Release, Courts Must Decide On Compensation To Be Paid To Victim By Accused: Patna High Court

The Patna High Court on Monday (August 5) refused to interfere with the decision of the trial court acquitting an accused and releasing them under the Probations of Offenders Act, 1958 (“1959 Act”) after finding that the decision of the trial court didn't suffer from illegality and was based on proper appreciation of law and evidence on record. The Court said that before granting the...

Decision Of Single Bench Deciding Challenge To Industrial Tribunal's Order Is Appealable Before Division Bench: Patna High Court

Recently, the Patna High Court held that the Letters Patent Appeal (LPA) against the Single Judge's decision deciding the challenge to award rendered under Section 17-B of the Industrial Disputes Act (“ID Act”) would be maintainable. The Court said that as per Clause 10 of the Letter Patent of Patna, there is no bar to the maintainability of the LPA against the decision of the Single...

Patna High Court Directs ₹4 Lakh Compensation For Kins Of Deceased Who Died After Falling From Running Train

The Patna High Court has directed the Railways to award compensation amounting to Rs. 4,00,000/- to the kins of the deceased who died after falling from a running train. Upon placing reliance on the Supreme Court's case of Union of India v. Rina Devi (2019), the bench comprising Justice Sunil Datta Mishra said that once the dependents of the deceased discharged the initial burden of...

[S.74 Evidence Act] Certified Copy Of Registered Sale Deed Is A Public Document, Can Be Produced As Secondary Evidence: Patna High Court

The Patna High Court observed that the certified copy of the registered sale deed kept as a public record in the Registrar's office would be considered a public document and could be produced as secondary evidence under Section 74 of the Evidence Act, 1872.“A certified copy of a registered document is a certified copy of public document. The basis for saying so lies in the fact that when a...

Vitiated Enquiry ; Patna High Court Allows Writ Petition By Employee, Orders To Grant All Benefits Due.

A single judge bench of the Patna High Court comprising of Justice Anil Kumar Sinha, while deciding a writ application held that departmental proceedings for an order of dismissal from service can only be initiated with the approval of the state government.Background Facts An employee filed a writ application for reinstatement, which was allowed by an order dated 23.09.2010 without...

O.41 R.27 CPC | Appellate Court Cannot Dispose Of Application For Production Of Additional Evidence Before Final Hearing: Patna High Court

The Patna High Court on Thursday (July 25) observed that it is impermissible for the First Appellate Court to dispose of the application under Order 41 Rule 27 of CPC for the production of additional evidence at the appellate stage during the pre-hearing stage. The Court said that the plea for the production of additional evidence at an appellate stage should be disposed of at the final...

"Discriminatory": Patna HC Sets Aside State's Move Fixing One Increment Per Year For Judicial Officers While Allowing Two Increments For Other Govt Employees

The Patna High Court on Wednesday (July 24) set aside a notification by the Bihar Government which allegedly discriminated amongst State Government employees and Judicial Officers concerning the date of grant of increment after promotion/appointment/financial degradation. By way of the notification, the government had stated that judicial officers in Bihar would be entitled to receive...