Section 45(5A) Of Income Tax Act Inserted By Way Of An Amendment In Finance Act, 2017 Cannot Be Treated As Retrospective: Patna HC

In a recent judgment, the Patna High Court has ruled that sub-section (5A) of Section 45 of the Income Tax Act, 1961, inserted by the Finance Act, 2017, has no retrospective effect. The division bench of Chief Justice K. Vinod Chandran and Justice Madhuresh Prasad passed the above ruling while hearing a batch of writ petitions challenging the notices issued under Section 148 of the Income...

'Modi Thieves' Remark Defamation Case| Patna HC Adjourns Hearing In Rahul Gandhi's Quashing Plea Till July 4, Interim Relief To Continue

The Patna High Court today adjourned the hearing, till July 4, in Rahul Gandhi's plea to quash a criminal defamation case filed against him by the Rajya Sabha MP Sushil Kumar Modi in Patna Court, over his 'Modi-Theives' remark. The interim relief of stay on proceedings granted by the HC on April 24, would continue to operate till the next date of hearing.It may be noted that that the Patna...

Land A Natural Resource And Public Property, State Not Allowed To Hand It Over As Largesse To Handpicked Persons: Patna High Court

The Patna High Court in a recent judgement has observed that land being a natural resource belongs to the people and the State is not allowed to hand over this resource as largesse to its handpicked persons in violation of Article 14 and Article 39 (b) of the Constitution of India.The court made the observation in its decision on an appeal against the order of a single judge directing the...

Refusal For DNA Test After Allegation Of Adultery Can’t Lead To Inference Of Adulterous Relationship As Conclusive Proof Absent: Patna High Court

The Patna High Court recently said that the refusal for a DNA test after an allegation of adultery cannot be used to draw an inference to such an extent that the person against whom the accusation has been made "is in adulterous relation with someone because conclusive prove of D.N.A. test is not present."Justice Dr. Anshuman said that adverse inference ought to be drawn but "but this...

Patna High Court Directs DGP To Review Letter Stating SHO Will Be ‘Deemed Guilty’ If Illicit Liquor Is Recovered From Police Station Area

The Patna High Court has directed the Bihar Director General of Police (DGP) to review a letter dated 24-11-2020, addressed to all Senior Superintendent of Police (SSP), which contains a clause stating that in case of recovery of illicit liquor in an area, the concerned Station House Officer (SHO) and Chowkidar will be ‘deemed guilty’ for not collecting the information and taking...

[Caste-Survey Stay] 'Survey Not Set Aside, Only Further Work & Dissemination Of Info To Political Parties Stayed': Patna HC Clarifies

The Patna High Court has clarified that in its May 4 order, it has not set aside the entire ‘Caste-based Survey’, 80% work of which has been completed and that it has only stayed the further work of the survey and has also stayed dissemination of the information collected to the political parties.The bench of Chief Justice K. Vinod Chandran and Justice Madhuresh Prasad observed thus on May...

Stay On Caste-Based Survey In Bihar| Patna High Court Rejects State Govt's Plea To Prepone Hearing In The Matter

The Patna High Court today REJECTED Bihar Government's application praying to prepone hearing in the writ pleas challenging the caste-based survey in State. It may be noted that hearing the said pleas on May 4, the HC, while putting an interim stay on the caste-based survey, posted the matter for hearing on July 3. Now, seeking an early hearing in the matter, the Bihar Government last week...

Stay On Caste-Based Survey In Bihar| 'No Need To Keep Matters Pending': State Govt Seeks Early Hearing Before Patna High Court

The Bihar Government has moved the Patna High Court seeking an early hearing in the writ pleas challenging the caste-based survey in State. The State Government has said that no purpose would be served in keeping the matter pending.It may be noted that hearing the said pleas on Thursday, the HC, while putting an interim stay on the caste-based survey, posted the matter for hearing on...

Arbitration Agreement Executed By Joint Venture Can’t Be Invoked By Its Constituents: Patna High Court

The Patna High Court has ruled that an arbitration agreement executed by a Joint Venture cannot be invoked by the constituents of the said Joint Venture, since they cannot be considered as a party to the arbitration agreement. While dealing with a petition under Section 11 of the Arbitration and Conciliation Act, 1996 (A&C Act) seeking appointment of arbitrator, the bench of...

Centre Notifies Transfer Of Justice Annireddy Abhishek Reddy From Telangana High Court To Patna High Court

The Central Government on Thursday notified the transfer of Justice Annireddy Abhishek Reddy From Telangana High Court To Patna High Court. A notification issued in this regard reads thus:"In exercise of the power conferred by clause (1) of Article 222 of the Constitution of India, the President, after consultation with the Chief Justice of India, is pleased to transfer Shri Justice...

State Has No Power To Conduct A Caste-Based Survey, Sharing Its Data With Political Parties A Matter Of 'Great Concern': Patna HC

"The State has no power to carry out a caste-based survey, in the manner in which it is fashioned now, which would amount to a census, thus impinging upon the legislative power of the Union Parliament," the Patna High Court today observed as it put an interim stay on a caste-based census in the State.The bench of Chief Justice K. Vinod Chandran and Justice Madhuresh Prasad also called it a...

BREAKING | Patna High Court Puts An Interim Stay On State Govt's Decision To Conduct Caste-Based Census In Bihar

Hearing a plea challenging the Bihar Government’s decision to conduct a caste-based census in the State, the Patna Court today, in an interim order, stayed the census.The Court prima facie said that caste-based survey amounts to a census which the State Government has no power to carry out."Prima facie, we are of the opinion that the State has no power to carry out a caste-based survey, in...