[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...

POCSO Act | No Presumption Of Guilt Against Accused If Prosecution Fails To Prove 'Foundation Facts' Beyond Reasonable Doubt: Patna High Court

While deciding a POCSO case, the Patna High Court on Tuesday (July 23) reiterated that the prosecution would not be absolved from proving the guilt of the accused beyond reasonable doubt despite the presumption of committing an offence operating against the accused under Section 29 of POCSO Act. The Court said that irrespective of the fact that there exists a presumption against the accused,...

Degree Holder Can't Claim Post Reserved For Diploma, If Higher Qualification Is Not Equalised: Patna High Court

A division bench of the Patna High Court comprising the Chief Justice and Justice Harish Kumar, while deciding Letters Patent Appeal, held that an applicant with a higher qualification is not eligible for job requiring lower qualifications if there are no specific provisions where higher qualifications are explicitly recognized or equated with lower qualifications. Background...

Improper To Look At Specific Questions: Patna HC Declines Candidates' Plea To Appear In District Judge Recruitment Mains Exams Due To Wrong Prelims Questions

The Patna High Court on Friday (July 12) denied relief to the candidates who appeared in the Bihar District Judges (Entry Level) Recruitment Exam wherein the Court's indulgence was sought by the candidates in directing the Selection authority to consider their candidature for the mains examination due to erroneous questions.The candidates approached the High Court against the erroneous...

NEET Paper Leak: Patna High Court Orders CBI Custody Of 13 Accused

The Patna High Court on Friday (July 12) permitted the CBI to take custody of 13 persons who were arrested by Patna Police in alleged NEET-UG question paper leak scam. According to the CBI, the key accused Rakesh Ranjan had arranged for solvers to solve NEET-UG Question Papers, therefore permission was sought to take custody of arrested persons to confront them with Rakesh Ranjan alias...

Patna HC Declines To Recognise Handball Association Of Bihar As Official Body, Directs Probe Into Allegations Of Misuse Of Funds By State Sports Authority

The Patna High Court has disapproved the recognition granted to the Handball Association of Bihar by the Bihar Government. The court instead approved the recognition of the Bihar Handball Association as the only recognized body in connection with handball sport in the State of Bihar registered under the Bihar Sports Act, 2013 ("2013 Act"). The Court directed the Bihar Government to enquire...

Patna High Court Dismisses Plea Challenging Election Of JDU MLA Dilip Ray

The Patna High Court has rejected the petition of Syed Abu Dojana challenging the election of JDU's Dilip Ray as a Member of Bihar Legislative Assembly.The assembly elections from Sursand constituency were held on November 07, 2020.Syed Abu Dojana (election petitioner) had contested the said election from Rashtriya Janda Dal (RJD) party and was the runner-up in the election. He challenged...

[S. 53A CrPC] Failure To Medically Examine Rape Accused Immediately After Arrest Raises Doubts On Manner Of Investigation: Patna High Court

The Patna High Court has held that the failure of the investigating officer to have a rape accused medically examined by a doctor as per Section 53A CrPC, immediately after the arrest, casts a serious doubt on the investigation and the prosecution's case.The division bench of Justice Ashutosh Kumar and Justice Jitendra Kumar was considering an appeal against the appellant's conviction...

Patna HC Upholds Ram Bali Singh's Disqualification From Bihar Legislative Council For Statements Against State's Policies While Being In Govt

The Patna High Court upheld the disqualification of the petitioner, Ram Bali Singh, as a member of the Bihar Legislative Council.The petitioner was disqualified by an order passed by the Chairman of the Bihar Legislative Council. The complaint against the petitioner was for making public statements against the State Government's policies that were approved by the Legislature, while...