Patna High Court
Judge May Be Subjected To Disciplinary Action For Wrong Judgment Only If There Is "Definite Evidence" Of Extraneous Considerations: Patna High Court
“Putting a Judicial Officer to a departmental proceeding for a wrong order does not serve as a panacea for any ill which is being faced by the judiciary or for that matter any department of the Government. In fact, reckless proceeding only lowers the morale of the judiciary,” said the Patna High Court while granting relief to a woman judicial officer facing charges...
PIL In Patna HC Challenges State Govt’s Move To Amend Rule Under Prison Manual Concerning Early Release Of Life Convicts
A Public Interest Litigation (PIL) plea has been moved before the Patna High Court seeking to quash a circular issued by the Home Department (Prison), Bihar Government, on April 10, amending Rule 481 (i)(a) of Bihar Prison Manual, 2012 which deals with the early release of convicts serving life imprisonment. For context, the said rule forbade, among other things, the early release of...
Health Centre's Location Essentially Issue Of Executive Policy: Patna High Court Dismisses PIL For Additional PHC On Land Identified By Gram Sabha
While dismissing a PIL seeking a direction for construction of the Additional Primary Health Centre at village Nerthua under Nerthua Panchayat on the land selected by the Gram Sabha, the Patna High Court said that a decision as to where a healthcare centre should be located is essentially an issue of executive policy and the court cannot interfere with it.The petitioners had argued that a...
Can't Ascertain Veracity Of Marriage Certificate In Extraordinary Writ Jurisdiction, Approach Competent Court For Declaration: Patna High Court
The Patna High Court has held that a marriage certificate obtained under the Special Marriage Act, without proof of the fact that it was finally entered into the marriage certificate book as provided under Chapter III of the Special Marriage Act, is a mere "evidence of marriage" and not "proof of marriage in accordance with the Act".The bench of Justice Purnendu Singh held, “Section 18 of...
After His Acquittal In FIR Alleging Forgery Of Marksheet, Patna High Court Asks Authorities To Consider Ex-Health Manager’s Claim For Reinstatement
The Patna High Court has directed the authorities to consider the case of an employee who was terminated from his service due to alleged forgery of a marksheet but was later acquitted by the trial court in the related criminal case.The division bench of Justices Harish Kumar and Ashutosh Kumar observed that,“The engagement of the appellant was dispensed with only on account of discovery...
'Modi Thieves' Remark| High Court Stays Defamation Proceedings Against Rahul Gandhi Pending In Patna Court Till May 15
The Patna High Court today stayed proceedings pending before the Patna court in a criminal defamation case against Congress leader Rahul Gandhi filed by the Rajya Sabha MP Sushil Kumar Modi in Patna Court over his 'Modi-Theives' remark, till May 15.The bench of Justice Sandeep Singh passed this order in a quashing petition moved by Gandhi in the year 2019. The matter was mentioned before...
'Modi Thieves' Remark| 'Defamation Case Pending In Patna Court Hit By Double Jeopardy Doctrine', Rahul Gandhi Submits In High Court
An affidavit has been filed on behalf of Rahul Gandhi before the Patna High Court contending that the Defamation case filed against him by Rajya Sabha MP Sushil Kumar Modi in Patna Court over his 'Modi-Theives' remark, is hit by the doctrine of “double jeopardy”.It may be noted that the supplementary affidavit has been filed in the quashing plea filed by Rahul Gandhi in the year...
Bihar Industrial Investment Promotion Policy Does Encourage Manufacturing Industries But No Bar On Establishment Of Other Industries: Patna High Court
The Patna High Court recently allowed a writ petition of M/S Kaveri Liquors (P) Ltd. for change of nature of its industry to a 'hotel industry' on the land allotted by Bihar Industrial Area Development Authority (BIADA). The bench of Justice Sanjeev Prakash Sharma observed:“The nature of an industry has not been limited to a particular field under the Act. Of course, the Policy, 2016...
Patna High Court Dismisses Appeal Seeking Benefit Of Pension Scheme For Employees Of Bihar Industrial Area Development Authority
Dismissing a plea of the employees of Bihar Industrial Area Development Authority (BIADA) for grant of pension, the Patna High Court said that notwithstanding the fact that under the BIADA Act, it is stipulated that every employee of the BIADA would be deemed to be a Public Servant within the meaning of Section 21 of the Indian Penal Code, by no stretch of imagination it would make a...
Sub-Divisional Officer Expected To Pass Judicial Order Under Section 145 CrPC With Full Reasoning And Discussion: Patna High Court
While setting aside an order passed by Sub-Divisional Officer, Nakatiaganj, the Patna High Court held that an order passed by the authority under Section 145 CrPC is in the nature of a judicial order and not an administrative order.The bench of Justice Dr. Anshuman observed,"It transpires to this Court that passing such type of order is basically an administrative order. The officer...
Patna High Court Dismisses Husband's Plea Against Maintenance To Wife, Says Refusal To Live With Him Not Without Cause
The Patna High Court has dismissed a criminal revision petition filed by a husband against an order passed by the Additional Principal Judge, Family Court, Katihar, directing him to pay maintenance of Rs.4000/- per month to his wife and minor son. The petitioner had argued that grant of maintenance to the wife is barred under section 125(4) of the Criminal Procedure Code (CrPC) as she refused...
Prosecution Did Not Establish Victim Was Minor, Her Statement Also Quite Contradictory: Patna High Court Sets Aside Conviction In POCSO Case
The Patna High Court recently overturned the conviction of an accused in a Protection of Children from Sexual Offences (POCSO) Act case, observing that no exercise was carried out by the prosecution to establish that the victim was minor on the date of occurrence. The court also said the victim's statement is "quite contradictory" in nature on vital points. Justice Alok Kumar Pandey passed...