Writ Maintainable Against Minority Aided School Where Breach Of Statutory Service Safeguards Is Alleged: Patna High Court

The Patna High Court has held that a writ petition is maintainable against a minority aided school where an employee alleges violation of statutory provisions governing service conditions. The Court observed that where breach of a statutory provision by a body discharging a public function or public duty is complained of, the dispute does not fall within the realm of a purely private...

S. 323 IPC | Merely Because Parties Were Enemies, Injured Witness's Testimony Can't Be Discarded: Patna High Court

The Patna High Court has held that prior enmity between parties, by itself, cannot be a ground to discard the prosecution case, particularly where the same also furnishes a plausible motive for the occurrence. Observing that the prosecution had proved the offence of voluntarily causing hurt despite failing to establish charges of attempt to murder and robbery, the Court upheld the conviction...

'Classic Example Of Improper, Lackadaisical Investigation': Patna High Court Acquits Murder Convict, Orders Probe Against Investigating Officer

The Patna High Court has acquitted a man convicted of murder, describing the case as a “classic example of improper, lackadaisical, and indifferent investigation” and directing an inquiry against the Investigating Officer for serious lapses in the investigation. The Court observed that the investigation suffered from glaring deficiencies, including failure to establish ownership of...

Bihar Agricultural University Statutes Operate Prospectively, Can't Convert 2011 Direct Recruitment Into Tenure Appointment: Patna High Court

The Patna High Court has held that the Bihar Agricultural University Statutes, 2010, notified in 2017, cannot be applied retrospectively to convert a substantive appointment made through direct recruitment in 2011 into a tenure appointment. The Court observed that unless a statute expressly or by necessary implication provides for retrospective operation, it is presumed to operate...

'Vague Allegations': Patna High Court Dismisses PIL Challenging Award Of ₹28,000-Crore Pirpainti Thermal Power Project To Adani Group

The Patna High Court has dismissed a Public Interest Litigation challenging the award of the Pirpainti Thermal Power Project to the Adani Group, holding that the allegations raised in the petition were “vague” and “nebulous” and did not warrant interference in a policy decision of the State. The Court further observed that the petition did not qualify as a genuine public...

Disciplinary Authority Must Exercise Independent Judgment, Not Act Under Dictates Of Other Authorities: Patna High Court

The Patna High Court has upheld a Single Judge's decision setting aside the removal of a Punjab National Bank employee from service, holding that a disciplinary authority vested with statutory discretion must exercise its powers independently and not under the dictates of another authority. The Court observed that where the disciplinary authority fails to independently apply its mind...

Patna High Court Refuses To Quash FIR Against Jan Suraaj Leader Naj Ahmed Khan, Says Allegation Of Mala Fides 'Doesn't Cut Much Ice'

The Patna High Court has held that mere allegations of political rivalry or mala fides cannot be a ground to quash an FIR when its contents disclose commission of cognizable offences. The Court observed that where the allegations in the FIR prima facie disclose the commission of offences, the case would not fall within the principles laid down by the Supreme Court in State of Haryana v....

State Cannot Summarily Cancel Longstanding Jamabandi, Civil Suit Only Remedy: Patna High Court Flags State's 'Autocratic' Action

The Patna High Court has held that the State cannot seek to cancel a longstanding jamabandi through summary proceedings and that its only remedy is to approach a competent civil court. Warning the authorities against disregarding settled judicial precedent, the Court observed that any attempt to proceed otherwise would be treated as contemptuous.A Single Judge Bench of Justice Sourendra...

Bihar Tender Scam | Media Cannot Portray Accused As 'Scamster', 'Mastermind' Before Trial: Patna High Court

The Patna High Court has restrained print, electronic, digital and social media platforms from portraying Bihar contractor Rishu Shree as guilty in connection with the alleged tender scam being investigated by the Special Vigilance Unit (SVU). The Court observed that while media is free to report factual developments relating to the case, imputing criminal liability upon an accused...

Caste Certificate Retains Legal Sanctity Until Cancelled By Competent Authority: Patna High Court

The Patna High Court has upheld a Single Judge's decision quashing the dismissal of a bank officer accused of securing appointment by falsely claiming Scheduled Caste status, observing that a caste certificate continues to carry legal sanctity unless it is cancelled or declared invalid by a competent authority.A Division Bench of Justice Sudhir Singh and Justice Ranjan Kumar Jha was hearing...

Juvenile Justice Act Prioritises Reform Over Punishment; Seriousness Of Alleged Offence Not Ground To Refuse Bail: Patna High Court

The Patna High Court has observed that the seriousness of the alleged offence and the age of a juvenile are not relevant considerations for denial of bail under the Juvenile Justice (Care and Protection of Children) Act, 2015. The Court reiterated that the Juvenile Justice Act is a reformative statute aimed at rehabilitation of children in conflict with law and not their punishment.A Single...

Possession Of Cough Syrup With Less Than 2.5% Codeine Attracts NDPS Act If Held Without Authorisation: Patna High Court

The Patna High Court has held that cough syrup containing codeine in a concentration of less than 2.5% of the total preparation does not fall outside the ambit of the NDPS Act merely on that ground. The Court further observed that such preparations are classified as essential narcotic drugs and their possession, sale, purchase, transport, import and export remain regulated under the NDPS Act...