Patna High Court
Advocate Moves Patna High Court Alleging Illegal Detention & Assault By Police Amid Student Protests
The petitioner has sought independent investigation and compensation.
Failure To Pay Balance Sale Consideration Cannot By Itself Amount To Cheating: Patna High Court
The Patna High Court has held that failure to pay the balance sale consideration under an agreement cannot by itself constitute cheating unless dishonest or fraudulent intention existed when the promise was made.A Single Judge Bench of Justice Alok Kumar Pandey observed that such intention cannot be presumed merely because a party subsequently failed to keep its promise.The case arose from a...
Lowest Or Sole Bidder Has No Vested Right To Contract Until Letter Of Acceptance Is Issued: Patna High Court
The Patna High Court has held that merely emerging as the lowest or sole successful bidder does not give a bidder a vested right to the contract. Such a right does not arise until the competent authority accepts the bid and communicates its acceptance.A Division Bench of Acting Chief Justice Sudhir Singh and Justice Rajesh Kumar Verma said that until then, a bidder only has a right to fair...
Voter List Entry Showing Spouse's Name Not Proof Of Valid Hindu Marriage: Patna High Court
The Patna High Court has held that a person's name appearing as a spouse in the voter list does not, by itself, prove a valid Hindu marriage. Where the marriage itself is disputed, the party asserting it must prove that the marriage was solemnised through the rites and ceremonies required under Section 7 of the Hindu Marriage Act, 1955. A Division Bench of Justice Bibek Chaudhuri and Justice...
Patna High Court Upholds 3-Year Blacklisting Of DDU-GKY Agency Over Fabricated Placement Records
The Patna High Court has upheld the three-year blacklisting of an agency engaged to implement a placement-linked skill development programme under the Deen Dayal Upadhyaya Grameen Kaushalya Yojana (DDU-GKY), after verification found fabricated bank statements, discrepancies in employment records and beneficiaries denying that they had been placed.A Division Bench of Acting Chief Justice...
Patna High Court Directs CBI Probe Into Missing Man After Alleged Detention, Custodial Violence By Excise Officials, Slams Police Inaction
The Patna High Court has transferred to the CBI the investigation into the disappearance of a man who allegedly went missing after being detained and brutally assaulted by Excise Police officials in Bhojpur district.A Division Bench of Justice Rajeev Ranjan Prasad and Justice Alok Kumar Sinha said that the case presented “rare and exceptional” circumstances warranting transfer of the...
Non-Supply Of Enquiry Report Not Mere Procedural Irregularity When Authority Relies On It To Terminate Contract: Patna High Court
The Patna High Court has held that once the Food Corporation of India (FCI) relies on an enquiry report to terminate a contract and impose civil consequences, it must first furnish a copy of that report to the affected contractor. The Court held that denial of the report deprives the contractor of an effective opportunity to respond and violates the principles of natural justice. A Division...
WhatsApp Messages Inadmissible Without Section 65B Certificate, Oral Evidence Cannot Cure Defect: Patna High Court
The Patna High Court has held that WhatsApp messages relied upon as electronic evidence cannot be read in evidence without the mandatory certificate under Section 65B(4) of the Indian Evidence Act. It added that oral evidence cannot cure the absence of the statutory certificate.A Division Bench of Justice Bibek Chaudhuri and Justice Rana Vikram Singh made the observation while setting aside...
24 Knife Wounds On One Victim Made Sole-Assailant Theory Doubtful: Patna High Court Orders Further Probe Into Double Murder
The Patna High Court has directed the Bihar Police to conduct further investigation into the 2023 murder of two retired professors, observing that the nature of the injuries suffered by the victims indicated a strong possibility that more than one person was involved in the crime.A Single Judge Bench of Justice Jitendra Kumar passed the direction while hearing a writ petition filed by...
Mere Non-Payment Of Electricity Dues Not 'Electricity Theft' Without Proof Of Meter Tampering: Patna High Court
The Patna High Court has held that mere non-payment of electricity dues does not amount to electricity theft under Section 135 of the Electricity Act, 2003, where there is no material to show that the connection had actually been disconnected or that the consumer had tampered with the meter.A Single Judge Bench of Justice Jitendra Kumar observed that while the consumer could be liable to pay...
Work Order Can't Be Cancelled Without Hearing Successful Bidder After Contract Is Awarded: Patna High Court
The Patna High Court has held that once a tender culminates in a concluded contract through issuance of a Letter of Acceptance, execution of a work order and signing of an agreement, the successful bidder cannot be deprived of those contractual rights without being given an opportunity of hearing.A Division Bench of Acting Chief Justice Sudhir Singh and Justice Rajesh Kumar Verma observed that...
Loan Default After SARFAESI Notice Cannot Be Turned Into Criminal Case: Patna High Court Quashes Cheating, Breach Of Trust Proceedings
The Patna High Court has quashed criminal proceedings arising out of a housing loan dispute, holding that the complainant's remedy lay before the Debt Recovery Tribunal and not through criminal prosecution. The Court observed that the complaint was filed only after a SARFAESI demand notice was issued and described it as a “classical case of conversion of civil dispute into...