Patna High Court
PIL In Patna High Court Challenges Bihar Law Increasing Reservation To 65%; Says SEBC Quota Need Not Be Proportionate To Population
A Public Interest Litigation (PIL) has been filed in the Patna High Court challenging the recent amendment passed by the Bihar Legislature to increase the reservation for Backward Classes, Extremely Backward Classes, Scheduled Castes, and Scheduled Tribes from the existing 50% to 65%.The petition challenges constitutional validity of the Bihar Reservation (for Scheduled Castes, Scheduled...
Section 34(2) POCSO Act | Trial Court Bound To Determine Victim's Age: Patna High Court
The Patna High Court has emphasized that Trial Courts must determine the age of the victim in accordance with Section 34(2) of the Protection of Children from Sexual Offences (POCSO) Act, 2012. The Court gave the above ruling while allowing an appeal filed by rape accused against the judgment of conviction passed by the Additional Sessions Judge.A Division Bench comprising Justices...
Patna High Court Annuls Hindu Marriage Noting Man Was Forced To Apply Sindur At Gunpoint, Emphasizes Saptapadi Significance
In a significant judgement, the Patna High Court has ruled that the mere application of sindoor (vermilion) on a woman's forehead under coercion does not constitute a valid marriage under Hindu law. The Court emphasized that a Hindu marriage must be consensual and involve the customary 'saptapadi,' where the bride and groom complete seven rounds around a sacred fire for the union to be...
Patna High Court Acquits Man In 18-Yr-Old Murder Case, Says Questions Put To Accused U/S 313 CrPC Can't Be Mere Formality
In a notable development, the Patna High Court has acquitted a man, who had been convicted and sentenced in connection with a murder case dating back 18 years citing procedural lapses and failure on the part of the prosecution.The Court, while expressing concern over the lack of diligence in the trial court's proceedings, observed that the examination of the accused under Section 313 of the...
Investigative Perfunctoriness Not Grounds For Case Dismissal, Specially In View Of Clear And Cogent Evidence Of Victim Herself: Patna High Court Upholds Verdict in Conviction of Father for Rape of Minor Daughter
In a recent ruling, the Patna High Court while dismissing the appeal filed by a man convicted of raping his minor daughter, observed that prosecution case cannot be completely discarded merely because the investigation was perfunctory when there is clear and cogent evidence of the victim herself.The Division Bench comprising of Justice Ashutosh Kumar and Justice Alok Kumar Pandey observed,...
Parties Cannot Deem SGST And CGST As IGST Without Compliance With Taxation Enactment Provisions: Patna High Court
The Patna High Court has dismissed the writ petition filed by Vishwanath Iron Store, a partnership firm registered under the Bihar State Goods and Services Tax Act, seeking correction of a GST invoice for the purpose of availing input tax credit, while stating Understanding between parties cannot supersede the provisions of taxation laws.Chief Justice K. Vinod Chandran and Justice Rajiv...
Petitioner Failed To Avail Appeal Remedy, Can’t Invoke Of The Extraordinary Jurisdiction: Patna High Court
The Patna High Court recently ruled on a writ petition challenging an assessment order and the rejection of an appeal based on the limitation ground.The Court stated that the petitioner by his own failure had not availed the appellate remedy and in that circumstance, there can be no invocation of the extraordinary jurisdiction under Article 226 of the Constitution of IndiaThe...
Victim's Statement U/S 164 CrPC Can Be Used For Corroboration, Cannot Be Sole Basis For Conviction: Patna High Court Acquits Rape Accused
The Patna High Court recently acquitted a rape accused, observing that the statement of the victim recorded under Section 164 of the Criminal Procedure Code (CrPC) cannot be the sole basis for conviction.A Division Bench of Justice Chakradhari Sharan Singh and Justice Gunnu Anupama Chakravarthy observed, “Though, accused is capable of doing sexual act, that itself cannot prove the guilt for...
Bihar Prohibition and Excise Act | Owner Of Leased Premises Can’t Be Held Responsible Unless Corroborative Evidence Proving Direct Involvement Exists: Patna High Court
The Patna High Court has ruled that the seizure of an entire hotel due to the discovery of liquor on its premises is deemed unjust and illegal if the property owner is not implicated in the alleged offense.The court further said that the arbitrary assumption of the hotel owner's involvement in a liquor-related crime by excise authorities, solely based on the lease being unregistered,...
Bihar State Legal Services Authority Launches SITARA Scheme for Transgender Persons' Welfare
Under the leadership of Justice Chakradhari Sharan Singh, JAD-1, Patna High Court-cum-Executive Chairman, Bihar State Legal Services Authority (BSLSA) unveiled the "Scheme for Integration of Transgender Persons and their Rehabilitation and providing Access to Justice), 2023" (SITARA, 2023) for the first time.The scheme aims to oversee the proper implementation of the Transgender...
Patna High Court Upholds Bihar Govt's Solar Light Scheme Implementation For Rural Electrification, Says State Checked Corruption
In a recent legal ruling, Patna High Court while upholding the Bihar government's Solar Light Scheme aimed at rural electrification and ensuring well-lit village streets at night, emphasized the scheme's core objective of enhancing security and convenience for rural communities while promoting development across various sectors.Justice Harish Kumar observed, “The object of the Solar...
Patna High Court Criticises Police "Laxity" In Tracing Young Girl Allegedly Abducted 11 Months Ago, Orders Economic & Cyber Offences Unit To Assist
Expressing concern over the prolonged delay in recovering a college girl who was allegedly abducted nearly 11 months ago, the Patna High Court has taken a stern stance against the Muzaffarpur police. The court has directed the district police to form a special investigating team (SIT) immediately and collaborate with the state's Economic Offence Unit (EOU) to expedite the...