Patna High Court Weekly Round-Up: July 24 - July 30

Citations 2023 LiveLaw (Pat) 84 to 2023 LiveLaw (Pat) 86NOMINAL INDEXNeeta Tripathi @ Dr. Nita Tripathi Vs. State Of Bihar 2023 LiveLaw (Pat) 84SK vs. RD 2023 LiveLaw (Pat) 85Income Tax Officer vs. Indian Oil Corporation Ltd. 2023 LiveLaw (Pat) 86Patna High Court Quashes Criminal Proceedings Against Doctor In 2012 Case, Says 'Mens Rea' Is A Must For ‘Negligence’ To Amount To...

Revenue Needs To Be Consistent, Can’t Accept Proposition In One Case And Challenge In Another : Patna High Court

The Patna High Court has upheld the principle of consistency in taxation matters, asserting that the Revenue cannot challenge a declaration of law accepted in one case while challenging its correctness in another case without just cause. Quoting several judgments of the Apex Court, the Court held, "The established principle is that, if the Revenue has not challenged...

Inability To Bear A Child Is Part Of Marital Life, Not A Ground For Dissolving Marriage: Patna High Court

While dismissing a man's revision plea against the Family Court's rejection of his matrimonial case for divorce under Section 13 of the Hindu Marriage Act, the Patna High Court said the inability to bear a child is not a valid ground for dissolving a marriage. The court noted that it appears since the wife is having a cyst in her uterus and is unable to bear child, the husband wants to...

Justice Vipul M Pancholi Sworn In As Judge Of Patna High Court

Justice Vipul M Pancholi took oath as a judge of the Patna High Court today. The oath-taking ceremony took place at Raj Bhavan in Patna, where Governor Rajendra Arlekar administered the oath of office to Justice Pancholi.Justice Pancholi started practice as an advocate in the Gujarat High Court in September 1991. He was appointed as an Assistant Government Pleader and Additional Public...

Patna High Court Weekly Round-Up: July 17 To July 23

NOMINAL INDEXSakindar Yada Vs. The State Of Bihar Criminal Appeal (Db) No.945 Of 2017 and Dr. Nagendra Kumar Vs. The State Of Bihar Criminal Appeal (Db) No. 875 Of 2017Educomp Solutions Ltd vs. The Bihar State Electronics Development Corporation Limited Request Case No.85 of 2022Manoj Kumar and Another vs. The State of Bihar and Others Civil Writ Jurisdiction Case No.7185 of 2019Navalkishor...

Patna High Court Quashes Criminal Proceedings Against Doctor In 2012 Case, Says 'Mens Rea' Is A Must For ‘Negligence’ To Amount To Offence

The Patna High Court has quashed the proceedings in a criminal case against a doctor, who was accused of negligence during a hysterectomy in 2012.Justice Prabhat Kumar Singh, observed, “There is difference between ‘Negligence’ and ‘Criminal Negligence’ and it is only criminal negligence which can be tried by a criminal court. For ‘Negligence’ to amount to offence,...

Patna High Court Censures Darbhanga Sanskrit University VC For Denial Of Retiral Benefits To Former Night Guard

The Patna High Court has directed the Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar to clear the retiral dues of a former employee within a period of six weeks.Justice Purnendu Singh ordered the the Vice-Chancellor and Registrar of the University to make payment of all the retiral dues including pension along with statutory interest admissible to the former Night Guard...

Patna High Court Orders Bihar School Examination Board To Pay Rs 2 Lakh Compensation To Student Wrongly Declared 'Fail' In Sanskrit Paper

The Patna High Court has directed the Bihar School Examination Board to pay a monetary compensation of Rs 2 Lakh to a girl who was wrongly declared 'fail' in a paper of the Secondary School Examination, 2017 (Annual) conducted by the Bihar School Examination Board.“In the totality of the facts and circumstances of the case, considering the fact that the petitioner no. 2 being a girl student...

Patna High Court Appoints Justice Mridula Mishra As Arbitrator In Educomp Solutions Vs BSEDC Dispute

The Patna High Court has appointed Justice Mridula Mishra, its former judge, as an independent arbitrator to resolve the ongoing dispute between Educomp Solutions Ltd and Bihar State Electronics Development Corporation Limited.. The dispute dates back to an agreement signed in 2010, involving a three-year contract under the Build, Own, Operate and Transfer framework for the ICT School...

Non-Determination Of Age As Per Section 34(2) Of POCSO Act Causes Prejudice To Fair Trial, Benefit Should Certainly Go To Accused: Patna High Court

Citing the failure to establish the age of the minor victim, the Patna High Court has acquitted two accused, who were convicted under the Protection of Children from Sexual Offences (POCSO) Act in 2017.“Establishing the minority of the victim child is a condition precedent to proceeding with a case under the POCSO Act. However, in the present case, there is no such finding by the learned...

No Penalty Under Section 129(3) Of CGST Act Could Be Imposed Without Providing A Hearing Opportunity U/S 129(4) Of The Act

While observing that a petitioner’s response to the show cause is required to be considered after due opportunity of hearing, in accordance with the statutory provisions, the Patna High Court has overturned the penalty imposed on a petitioner for moving goods without a valid e-way bill.The Court ruled that no penalty under Section 129(3) of the Central Goods and Services Tax (CGST) Act could...

Renewal Of Stage Carriage Permit Cannot Be Rejected Solely Due To Family Members' Dues: Patna High Court

The Patna High Court has said that a person cannot be held responsible for any dues owed by their family members while seeking the renewal of a permanent stage carriage permit.Justice A Abhishek Reddy said, "it is made clear that the renewal of the permit of the petitioner cannot be rejected on the sole ground that any of the family members are due some amount."The ruling was passed in the...