Patna High Court
National Lok Adalat Concludes Successfully In Bihar: Over 86,000 Cases Resolved
Under the guidance of Justice K. Vinod Chandran, Chief Justice, Patna High Court, cum Patron in Chief, Bihar State Legal Services Authority, Patna (BSLSA), and Justice Chakradhari Sharan Singh, Executive Chairman, BSLSA, Patna, the fourth and final National Lok Adalat of the year 2023 concluded on 09.12.2023.Both justices visited Civil Courts at Banka and Bhagalpur and Sub-division at...
Mere Membership Of A Banned Organization Doesn't Justify Bail Rejection When Trial Is Anticipated To Prolong: Patna HC
In a recent ruling, the Patna High Court has said that mere membership in a banned organization shouldn't be reason enough to deny bail, particularly when the trial is anticipated to be prolonged.The division bench of Justices Ashutosh Kumar and Alok Kumar Pandey said, “Merely being a member of a banned organization, would not justify rejection of bail when the Trial is likely to continue for...
'Providing Legal Help To PFI Cadre Not A Terriorist Act': Patna HC Grants Bail To Advocate Accused Of Endangering Security Of India
The Patna High Court has held that offering legal assistance to banned organizations (such as Popular Front of India cadre) or interviewing candidates for selecting them for giving scholarships would never fall in any one of the proscribed categories of the Terrorist Acts under the Unlawful Activities (Prevention) Act, 1967. Furthermore, the court emphasized that mere membership in a...
Candidates With B.Ed. Not Eligible For Primary School Teaching Jobs: Patna High Court
The Patna High Court, while allowing a set of writ petitions challenging a 2018 notification by the National Council of Teacher Education (NCTE), has ruled that candidates holding Bachelor of Education (B. Ed.) qualifications cannot be deemed eligible for appointment as primary school teachers.The division bench comprising Chief Justice K. Vinod Chandran and Justice Rajiv Roy observed,...
Transfer Of Property Act | Unregistered Sale Deed Admissible As Evidence For Considering Relief Of Specific Performance: Patna HC
The Patna High Court recently ruled that an unregistered sale agreement remains admissible as evidence in a lawsuit seeking specific performance of the agreement.Justice Sunil Dutta Mishra observed, “It is clear from the above that even where the sale agreement is not registered, the document can be received as evidence for considering the relief of specific performance and the...
Bihar Municipal Elections Reservation Challenge | High Court Lists Matter For Final Hearing On January 2
The Patna High Court has set January 2, 2024, as the date for the final hearing on a case challenging the recently conducted Bihar Municipal elections. The petitioners allege non-compliance with the mandatory "triple test" preceding reservation decisions for Municipal Elections in the state.[Notably, the Triple-Test Formula was laid down by the Supreme Court in 2010 in the case of Dr K...
Patna High Court Monthly Digest - November 2023
Nominal Index [Citations: 2023 LiveLaw (Pat) 128-139]M/s Cohesive Infrastructure Developers Pvt. Ltd vs The Central Board of Indirect Taxes and Customs and Ors 2023 Livelaw (Pat) 128M/s S K Construction and Company vs vs The State of Bihar and Ors 2023 Livelaw (Pat) 129 Mostt. Jaymanti Dev vs The State of Bihar and Ors 2023 LiveLaw (Pat) 130Siwan Zila Mukhiya Sangh through its Chairman...
Patna HC Seeks State Govt's Response On PIL Challenging Law Increasing Reservation To 65%, Refuses Interim Stay
Admitting a Public Interest Litigation (PIL) plea 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 Patna HC has sought the reply of the state government in the matter within 4 weeks.A bench of Chief Justice K Vinod Chandran...
Patna High Court Weekly Round-Up: November 20 To November 26, 2023
Nominal Index [Citations: 2023 LiveLaw (Pat) 132-139]Dasrath Ram Vs. The State Of Bihar 2023 LiveLaw (Pat) 132 Rakesh Kumar Alias Rakesh Kumar Singh Alias Raku vs. The State of Bihar and Others 2023 LiveLaw (Pat) 133M/s. Vishwanath Iron Store vs. The Union of India LL Citation: 2023 LiveLaw (Pat) 134M/s Punit Kumar Choubey vs. The Commissioner, Commercial Tax, and Others 2023 LiveLaw...
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...