Patna High Court Grants Stay To Trimurti Private Limited On GST Demand Amid Tribunal Constitution Delay

In a recent ruling, the Patna High Court, while adjudicating a writ petition filed under Article 226 of the Constitution of India, has granted relief to Trimurti Private Limited by issuing a conditional stay on the GST demand. The petitioner sought various reliefs, primarily aiming to avail the statutory remedy of appeal against an impugned order under Section 112 of the Bihar Goods and...

'Claim Made After 30+ Yrs Is Grossly Delayed': Patna HC Rejects 96 Y/O Widow's Plea For Family Pension, Cites Lack Of Substantiating Material

In a recent ruling, the Patna High Court dismissed a petition filed by a 96-year-old widow, seeking a family pension for her late husband, a retired Judicial Officer, citing a gross delay of more than 30 years in the claim, coupled with a lack of substantiating material to establish her marital status and her husband's service history.The division bench of Chief Justice K. Vinod Chandran...

Social Torture By Spouse, Levelling False Allegations Of Extramarital Affairs Constitute Mental Cruelty In Marriage: Patna High Court

In a noteworthy judgment, the Patna High Court has declared that making baseless accusations of adultery, fornication, and coerced prostitution by a woman against her husband not only constitutes harassment and character assassination but also tarnishes the individual's public reputation in society.The division bench of Justice P B Bajathri and Justice Ramesh Chand Malviya observed,...

Gang Rape & Murder Case: Patna HC Acquits Man Sentenced To Death Noting Prosecution's Sole Reliance On Sniffer Dog Evidence

This week, the Patna High Court overturned the death penalty handed down to a man convicted of the murder and rape of a 12-year-old girl. The court reached this decision upon discovering that the prosecution's entire case relied solely on the presence of a sniffer dog entering the accused man's house. The division bench of Justices Ashutosh Kumar and Alok Kumar Pandey observed, “We fail...

One-Day Training-Cum-Sensitization Program Organised By Bihar State Legal Services Authority (BSLSA) To Enhance Efficiency Of District LSAs

In a focused effort to enhance the efficiency of the District Legal Services Authorities (DiLSA), Bihar State Legal Services Authority, Patna, organized a one-day Training-cum Sensitization program on December 22, 2023. The event aimed to provide valuable insights and discussions on the day-to-day functioning of DiLSAs.Justice Chakradhari Sharan Singh, JAD-1 cum Executive Chairman of...

40-Hour Mediation Training Programme Inaugurated At Bihar Judicial Academy

In a bid to promote the amicable resolution of pending disputes in the High Court, the Bihar State Legal Services Authority (BSLSA) has launched a "40 hours Mediation Training Programme" on "Concept and Techniques of Mediation" for advocates. Under the agesis of the Mediation and Conciliation Project Committee (MCPC) of the Supreme Court of India and NALSA, the training program was...

2019 LS Polls| Patna HC Quashes Case Against Navjot Sidhu For Allegedly Cautioning Muslims Against Splitting Their Votes

The Patna High Court last week quashed the criminal proceedings initiated against Congress leader Navjot Singh Sidhu for allegedly violating the restraining orders while appealing and cautioning Muslims against splitting their votes in his address before a public gathering during the 2019 Lok Sabha elections campaign.Justice Sandeep Kumar opined, “In my considered opinion, the part of...

Patna High Court Allows Appeal Beyond Stipulated Time based on CBIC Notification

In a recent ruling, the Patna High Court has provided relief to individuals facing delayed appeals under Sections 73 and 74 of the BGST Act.The judgment, arising from a petition challenging the rejection of an appeal due to a five-day delay, underscores the significance of a recent notification by the Central Board of Indirect Taxes and Customs. According to Notification No. 53 of...

POCSO Act | Imperative For IO To Inquire Into Victim's Age; Medical Opinion/Self-Assessment No Sure Grounds: Patna High Court

The Patna High Court has observed that the Investigating Officer must ascertain the age of the victim in cases falling under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). The court added that relying solely on medical opinion and self-assessment is not a reliable method for determining a person's age. The division bench comprising Justice Ashutosh Kumar and Justice...

All Orders By Court/ Tribunal Including Ex Parte Are Amenable To Writ Jurisdiction U/Art 226 & 227 Of Constitution: Patna HC

The Patna High Court has observed that any order or judgment issued by a Court or Tribunal, even if done ex parte, can be subjected to the writ jurisdiction under Articles 226 and 227 of the Constitution.Referring to the Supreme Court's 2020 decision in the case of N. Mohan Vs. R. Madhu, Justice Harish Kumar observed, “The analogy, which is deducible from the judgments referred...

PIL In Patna High Court Alleges Gross Mismanagement Of Health & Education Cess Funds Since 2008

A plea has been filed in the Patna High Court, urging the court's intervention to address the critical issue of non-utilization and mismanagement of funds collected under the Health and Education cess, formerly known as the Secondary and Higher Education Cess, since 2008.Advocate Shama Sinha, the petitioner, argued that the failure to appropriately utilize these funds has adversely...

Patna High Court Grants Relief to Cooperative Society, Rules Solid Waste Management Activity Exempt from BGST

In a recent legal development, the Patna High Court has ruled in favor of a Cooperative Society registered under the Bihar Goods and Services Tax Act, 2017 (BGST Act), stating that the Solid Waste Management Activity undertaken by the petitioner is exempt from BGST. The court quashed assessment orders and demand notices against the Cooperative Society, emphasizing that there is no supply of...