Promotion Takes Effect Only From Actual Promotion Date Or DPC Approval, Not Retrospectively From Date Of Current Duty Charge: Patna HC

A Division bench of the Patna High Court comprising Justice Sudhir Singh and Justice Rajesh Kumar Verma held that promotion takes effect only from actual promotion date or DPC approval and not retrospectively from date of current duty charge. Background Facts The respondent was appointed as an Assistant Engineer in the Civil Construction Wing of All India Radio on 19.12.1990. He...

'Transfer To Bihar Was Most Memorable Chapter In My Journey': Chief Justice PB Bajanthri Bids Farewell To Patna High Court

On the occasion of his retirement Patna High Court Chief Justice PB Bajanthri in his farewell speech last week said that his transfer to the high court in 2021 marked a memorable chapter of his judicial journey set upon the "enlightened soil of Bihar" which is the land of Lord Buddha who is a timeless source of wisdom. Beginning his farewell address Justice Bajanthri said,"Mahatma Gautam Budhh, Mahavir evam Magadh Samarajya ke mahaan paavan bhoomi ko main pranaam karta hoon…Aur aap sabhi ka...

Meta Assures Deletion Of AI-Video Of PM Modi's Mother Within 48 Hours As Patna High Court Warns Of Contempt Action

The Patna High Court on Tuesday (October 15) warned Meta Platforms Inc. that suo motu contempt proceedings would be initiated against it, if it failed to comply with the Court's previous direction to remove the AI-generated video featuring Prime Minister Narendra Modi and his late mother Heeraben Modi. In response, Senior Advocate Mukul Rohatgi, appearing through video conference...

'Duty To Ensure Wife Doesn't Live In Penury': Patna High Court Dissolves Marriage, Orders Husband To Pay ₹90 Lakhs Permanent Alimony

Observing that while wife's living need not be luxurious but she should not be left in 'discomfort', the Patna High Court on Tuesday dissolved a 15-year-old marriage between a Merchant Navy officer and his wife while directing the husband to pay ₹90 lakh as permanent alimony. A Bench of Chief Justice PB Bajanthri and Justice SB PD Singh added that it is the duty of the Court to...

Order Summoning Accused Can't Be Challenged By Complainant In Revision Petition U/S 438 BNSS: Patna High Court

The Patna High Court has held that a complainant challenging an order summoning accused is an interlocutory order and a revision petition challenging such an order is barred under Section 438(2) BNSS.For context Section 438(2) states that the powers of revision conferred by Section 438(1) shall not be exercised in relation to any interlocutory order passed in any appeal, inquiry, trial or...

Permanent Expulsion Is 'Academic & Professional Death': Patna High Court Modifies Punishment For MBBS Students Linked To Impersonation In Exams

Granting relief to five MBBS students facing permanent expulsion punishment for impersonation during examinations, the Patna High Court termed the action of the Patna's Aryabhatta Knowledge University against them as "unduly harsh" and "shockingly disproportionate". Observing that such extreme action amounts to inflicting "academic and professional death" upon young students, the...

Patna High Court Acquits Father-Son Duo In 1999 Kidnapping Case; Cites Unexplained Delay In FIR, Non-Examination Of IO

In a significant ruling, the Patna High Court has set aside the conviction and 10-year sentence imposed on Ram Prasad Yadav and his son Ajay Kumar Yadav under Section 364 of the Indian Penal Code (IPC) for the alleged kidnapping of the informant's son in 1999. The appeals (Criminal Appeal (SJ) No. 229 of 2004 and No. 240 of 2004) were allowed, discharging the appellants from their bail...

Unauthorized Possession Of Codeine-Based Cough Syrup Falls Under NDPS Act: Patna High Court

The Patna High Court has reiterated that bail under the NDPS Act remains a stringent exception, particularly in cases involving commercial quantities of codeine-based cough syrup.“Negation of bail is a rule and grant of it is an exception," held Justice Jitendra Kumar, reiterating that unauthorised possession of codeine-based cough syrup, even with less than 2.5% concentration, falls within...

Anticipatory Bail Plea Is Maintainable Even If Absconding Proclamation Is Issued Against Accused: Patna High Court

The Patna High Court has held that proceedings under Sections 82 (Proclamation for person absconding) and 83 (Attachment of property of person absconding) CrPC (Sections 84 and 85 of the BNSS) do not create an absolute bar on filing an anticipatory bail petition.For context Section 82 CrPC states if any Court has reason to believe (whether after taking evidence or not) that any person...

Patna High Court Directs Removal Of Bihar Congress's AI-Video Featuring PM Narendra Modi's Mother

The Patna High Court on Wednesday (September 17) directed the removal of the AI-generated video posted by the Bihar Congress which features Prime Minister Narendra Modi and his late mother Heeraben Modi from all social media platforms.The Court directed the intermediaries to stall the circulation of the video, if it is still being circulated, in the light of the various Supreme Court...

S.125 CrPC | Muslim Woman Can Claim Maintenance After Divorce Unless Husband Makes Fair Provision For Her Future: Patna High Court

The Patna High Court has ruled that a Muslim woman can claim maintenance under Section 125 of the Criminal Procedure Code (CrPC) even after divorce, if her husband has not made a “reasonable and fair provision” for her future during the iddat period. Justice Jitendra Kumar upheld a Family Court order directing a Muslim man to pay his wife ₹7,000 per month, dismissing his plea that...

Bihar Prohibition Law 'Draconian': Patna High Court Flags 'Disturbing' Trend Of Arbitrary Seizure Of Houses Linked To Liquor Recovery

The Patna High Court recently criticised the provisions of the Bihar Prohibition and Excise Act, 2016, and the Bihar Prohibition and Excise Rules, 2021, calling them 'draconian', noting that they give the authorities 'unguided' and 'arbitrary' powers. A division bench of Acting Chief Justice PB Bajanthri and Justice SB PD Singh also pointed to a 'disturbing trend' in which houses could...