Article 226 Cannot Be Invoked On Mere Apprehension Of Tender Disqualification Without Actual Legal Injury: Patna High Court

The Patna High Court has held that a writ petition under Article 226 of the Constitution cannot be maintained merely on the basis of an apprehension that a bidder may be disqualified from a tender process, particularly when the bidder has neither participated in the tender nor suffered any actual adverse action.A Division Bench of Justice Sudhir Singh and Justice Shailendra Singh observed...

'Labour Law Is Charter Of Human Rights At Workplace, Govt Cannot Play “Hide & Seek” With Employees': Patna HC Restores Back Wages

The Patna High Court has held that where a Labour Court award directing reinstatement with full back wages remains unchallenged, the executing order passed under Section 33C(2) of the Industrial Disputes Act for computation of such dues cannot be interfered with in a manner that nullifies the original award. A Division Bench of Chief Justice Sangam Kumar Sahoo and Justice Harish Kumar was...

Bidder Has No Enforceable Right To Challenge Tender Disqualification After Expiry Of Bid Validity Period: Patna High Court

The Patna High Court has held that once the validity period of a tender bid expires, no enforceable or workable relief can be granted to a bidder in a challenge to technical disqualification, even if allegations of wrongful rejection are raised. The Court observed that after expiry of the bid validity period, adjudication on the merits of the disqualification becomes “largely academic.”...

State Cannot Debar Contractor For Delay After Extending Time During COVID Period: Patna High Court Quashes Debarment

The Patna High Court has held that once the State grants extension of time for completion of contractual work during the COVID-19 period and the contractor completes the work within the extended timeline, the contractor cannot subsequently be debarred on the ground of delay. The Court further held that blacklisting without issuance of a show cause notice violates both statutory rules...

Patna High Court Refuses Divorce On “Vague” Adultery Allegations; Says Evidence Beyond Pleadings Cannot Be Considered

The Patna High Court has upheld the dismissal of a husband's divorce plea founded on allegations of adultery, holding that vague and unsubstantiated accusations without particulars of time, place, or identity cannot sustain a decree of divorce. The Court further reiterated that evidence beyond pleadings cannot be relied upon to grant relief.A Division Bench of Justice Nani Tagia and Justice...

'Seriously Disputed Questions Of Fact, Particularly Possession Claims, Cannot Be Adjudicated In Writ Jurisdiction': Patna HC

The Patna High Court has reiterated that writ jurisdiction under Article 226 is not meant for adjudication of seriously disputed questions of fact, particularly where rival claims regarding possession of land require detailed examination of evidence and factual determination.A Division Bench of Justice Sudhir Singh and Justice Shailendra Singh was hearing an intra-court appeal challenging...

'143 Premature Release Applications Pending Before Remission Board; Delay Defeats Reformative Objective': Patna High Court

The Patna High Court has expressed concern over the pendency of 143 applications for premature release before the Bihar State Sentence Remission Board, observing that delay in processing such cases defeats the very philosophy of reformation and rehabilitation.A Division Bench comprising Chief Justice Sangam Kumar Sahoo and Justice Harish Kumar was hearing a criminal appeal where issues...

'Ensure Smooth Conduct Of National Lok Adalat For Traffic Challan Settlement; Access To Justice Must Not Be Hindered': Patna HC

The Patna High Court has issued a series of directions to ensure smooth and orderly conduct of the upcoming National Lok Adalat for disposal of traffic challan matters, emphasising that access to courts must remain unhindered and that arrangements must be made to handle the expected large footfall.A Division Bench comprising Chief Justice Sangam Kumar Sahoo and Justice Harish Kumar was hearing...

Where Witness Version Forms Basis Of FIR, Prosecution Case Can Be Tested Against It As Relevant Fact U/S 11 Evidence Act: Patna High Court

The Patna High Court has held that where the version of a witness forms the basis of the FIR, the entire prosecution case can be tested with reference to the FIR, which then assumes relevance under Section 11 of the Evidence Act.A Division Bench of Justice Bibek Chaudhuri and Justice Ansul was hearing two connected criminal appeals [Criminal Appeal (DB) No. 1311 of 2019 and Criminal Appeal...

'Child Last Seen With Accused, Found Dead Within 10 Hours': Patna High Court Upholds Rape-Murder Conviction

The Patna High Court has upheld the conviction of two accused in a rape and murder case of an eight-year-old girl, holding that where the prosecution establishes the “last seen” circumstance with a narrow time gap (in this case about 10 hours) the burden shifts on the accused under Section 106 of the Evidence Act to explain the death.A Division Bench of Justice Bibek Chaudhuri and...

State Estopped From Challenging Order After Unconditional Compliance: Patna High Court Dismisses Appeal

The Patna High Court has held that where the State unconditionally complies with a judicial order (without making such compliance subject to the outcome of a pending appeal) it is estopped from subsequently challenging the same order.A Division Bench of Justice Sudhir Singh and Justice Shailendra Singh was hearing a Letters Patent Appeal filed by the State of Bihar challenging the order...

“Bihar Police's Circular On Girls' Safety In Hostels Lacks Penal Consequences For Non-Compliance; Must Be Enforced”: Patna High Court

The Patna High Court has observed that the circular issued by the Bihar Police regarding safety measures for girls residing in private hostels and lodges does not provide for any penal consequences in case of non-compliance, and emphasised that the same must be strictly implemented with follow-up action.A Division Bench comprising Chief Justice Sangam Kumar Sahoo and Justice Harish Kumar...