Patna High Court
Appellate Authority Or Article 226 Of The Constitution Cannot Extend Delay Condonation Period With A Specified Timeframe: Patna High Court
The Patna High Court has issued a significant ruling clarifying the limitations of Article 226 of the Indian Constitution in cases involving the Bihar Goods and Services Tax Act, 2017 (BGST). The court has held that when a statute prescribes a specific time frame for condoning delays, the Appellate Authority under Article 226 does not have the authority to extend this stipulated period.The...
Patna High Court Rejects Bail Plea Of Accused In Money Laundering Case Due to Lack Of Satisfactory Explanation Of Assets And Cash Holdings
The Patna High Court has rejected the bail application of the petitioner in connection with a Special (Trial) PMLA (Prevention of Money Laundering Act) Case arising from ECIR (Enforcement Case Information Report) proceedings. The petitioner faced charges under Sections 3, 4, 44, and 45 of the Prevention of Money Laundering Act, 2002.The prosecution case stemmed from a complaint filed...
Courts Cannot Order Implementation Of Optional Central Govt Schemes In State, Policy Domain Of State Govt: Patna High Court
While clarifying that the Court cannot, through a judicial order, direct the implementation of a Scheme formulated by the Central Government, which can be implemented only at the option of the State Government, the Patna High Court has dismissed a Public Interest Litigation (PIL) that sought a directive for the state government to implement the guidelines related to the Post Matric...
‘This Retirement May Take Me Out Of Bihar But It Cannot Take Bihar Out Of Me’ : Justice AM Badar Bids Farewell To Patna High Court
A month ago from today, the Patna High Court witnessed a heartwarming full court reference as Justice Ananta Manohar Badar marked his superannuation, drawing the curtains on an illustrious legal career. Justice Badar's tenure was celebrated not only for his judicial acumen but also for his remarkable assimilation into the cultural fabric of Bihar.Justice Badar, who willingly ventured into...
Don't Insist On Typed Copies If Documents Legible: Patna High Court To Registry
In an effort to enhance the efficiency of document management within the Registry, the Patna High Court has decided to discontinue the practice of requiring typed copies of documents to be included in case records, a practice that had been causing congestion in case bundles and impeding the seamless perusal of documents, particularly when these typed copies are placed alongside each page of...
Tax Authorities Should Not Act As Extortionist, Act Like Business Facilitator; Patna High Court Imposes Cost On Officer
The Patna High Court has imposed a cost of Rs. 5,000 on officers for surreptitiously making tax recoveries contrary to GST enactment.The bench of Chief Justice K. Vinod Chandran and Justice Partha Sarthy has laid down the guidelines and observed that the tax authority should also act as a facilitator of business and the economy and not merely as an extortionist, always looking to have the...
'Investigating Officer Made No Sincere Efforts To Trace Child': Patna High Court Orders CID To Reinvestigate 11 Yrs Old Kidnapping Case
The Patna High Court has ordered the State Crime Investigation Department (CID) to re-investigate an 11-year-old kidnapping case involving a boy, then aged 5 years, from Bihar’s Siwan district. The decision comes after court noted that the Investigating Officers and the supervising authorities made no sincere efforts to find out the kidnapped boy or the accused persons.Justice Anil Kumar...
Patna High Court Weekly Round-Up: August 28 To September 3, 2023
Nominal Index [Citations: 2023 LiveLaw (Pat) 99-103]Shankar Kumar vs. The State of Bihar and Anr 2023 LiveLaw (Pat) 99 Satyam Abhishek vs State of Bihar and Others 2023 LiveLaw (Pat) 100Noor Alam Khan vs. The State of Bihar and Others 2023 LiveLaw (Pat) 101Arun Kumar Singh Alias Arun Singh vs. Nirmala Devi 2023 LiveLaw (Pat) 102Assistant Commissioner of Income Tax Versus Satish Kumar Keshri...
Entering Into Second Marriage Even With Wife's Consent May Constitute Cruelty: Patna High Court
The Patna High Court has held that entering into a second marriage, even with the consent of the first wife, may constitute cruelty to the first wife, thereby giving her reason to live separately and giving cause of action to file complaint cases under Section 498A of the IPC.The division bench of Justices Jitendra Kumar and PB Bajanthri observed, “As such, even lodging of criminal cases...
Violates Minority Institution's Rights U/Article 30: Patna HC Reads Down Amendment Requiring Selection Committee "Approval" For Appointing Teachers
In a significant verdict, the Patna High Court has ruled that affiliated and minority educational institutions in the state of Bihar will now only need to consult their respective university administration rather than seeking "approval" in matters related to the appointment, promotion, dismissal, discharge, removal from service and termination of service or demotion of teachers .The...
Sahara Refund: Patna High Court Grants Pre-Arrest Bail To Agent Booked For Non-Repayment Of Maturity Amount To Depositor
The Patna High Court has granted pre-arrest bail to Shankar Kumar, an agent of Sahara Credit Co-operative Society Limited who is accused of not re-paying the matured amount of the depositors including complainants. Kumar is booked for offences punishable under Sections 323, 341, 406, 420, 504, and 506 of the Indian Penal Code, along with Section 34.Justice Purnendu Singh granted anticipatory...
'State Better Placed To Decide On Such Stipulations': High Court Dismisses PIL Challenging Selection Process Of Bihar Police Constables
The Patna High Court has dismissed a Public Interest Litigation (PIL) challenging the notification for the selection of candidates to the positions of constables in the Bihar Police and Bihar Special Armed Police. A division bench of Chief Justice K. Vinod Chandran and Justice Partha Sarthy observed, “We do not find any arbitrariness in fixing a cut-off date for acquisition of qualification...