[Land Allotment] Entrepreneurs Setting Up Industry Should Be Given Opportunity To Start Production: Patna High Court

The Patna High Court recently granted partial relief to an entrepreneur whose land allotment was cancelled by Bihar Industrial Area Development Authority citing failure to start production after setting up of industry in Muzaffarpur.The Court took on record petitioner's undertaking to start production in 60-90 days.A bench comprising Justice Sanjeev Prakash Sharma observed,“any...

Reasons In Show-Cause Notice Must Clearly Outline Grounds On Which Action Under Rules Is Proposed: Patna High Court Restores PDS License

The Patna High Court recently has quashed and set-aside the impugned orders cancelling the petitioner's PDS licence, citing violation of principles of natural justiceA bench comprising Justice Sanjeev Prakash Sharma observed, “The reasons must be set forth in the show-cause notice clearly outlining the various grounds on which the action under the Rules is proposed. In the absence of...

File Appeal Once Tribunal Is Constituted: Patna High Court Allows Assessee To Prefer Appeal Outside Limitation Period

The Patna High Court has allowed the petitioner assessee to file an appeal under Section 112 of the Bihar Goods and Services Tax Act 2017 (BGST Act) outside the period of limitation as envisaged under the Act since the impugned order preventing the assessee from availing the benefit of stay on the recovery of balance GST amount was passed when the Appellate Tribunal was not constituted in...

Banks Have Exclusive Domain On Their Treasury, Discretion To Release Loan Subject To Their Satisfaction, Can't Issue Writ: Patna High Court

In a recent ruling, the Patna High Court dismissed a writ petition seeking a writ of mandamus to direct the Bank authorities to sanction a loan amount of Rs. 25 lakhs.A single judge bench comprising Justice Sanjeev Prakash Sharma held that a writ petition seeking mandamus to release a loan amount from a Bank was not maintainable as Banks have an exclusive domain on their treasury and also...

Judicial Order Not Justifiable In Law Does Not Automatically Imply It Was Passed For Extraneous Considerations: Patna HC Grants Relief To Retd Officer

In a significant order, a division bench of the Patna High Court has quashed and set-aside a decision of the Standing Committee of the High Court wherein the committee had imposed a punishment of permanent withdrawal of the entire pension of a retired Additional District and Sessions Judge after finding that he had passed judicial orders for extraneous considerations.A bench comprising...

Statement Recorded U/S 164 Or 161 CrPC Can't Be Treated As Substantive Evidence Without Opportunity Of Cross-Examination To Defence: Patna High Court

The Patna High Court, while acquitting an accused under the POCSO Act, has reiterated that if the defence is denied an opportunity to cross examine a witness whose statement is recorded under Section 164 or Section 161 CrPC, then such statements cannot be treated as evidence of substantive character.The bench of Justice Alok Kumar Pandey relied upon Supreme Court's decision in R. Shaji vs....

Patna High Court Constitutes Committee To Ensure Speedy Construction Of Buildings For Police Stations In Bihar

The Patna High Court has constituted a committee headed by the development commissioner of the state to ensure speedy construction of adequate police stations in the State of Bihar. A division bench of Justice CS Singh and Justice Madhuresh Prasad said, "We express our concern over the fact that in such matters which would have been normally taken care of by the Executive, this Court has...

IPS Officer Who Allegedly Got Conman To Pose As Chief Justice To Influence Corruption Probe Against Him Denied Anticipatory Bail By Patna High Court

The Patna High Court has refused anticipatory bail to IPS officer and former Superintendent of Police Aditya Kumar who had allegedly involved a conman to pose as the Chief Justice of the State in order to influence a corruption probe against him.A bench comprising Justice Anjani Kumar Sharan said there is ample evidence against Kumar in the form of electronic evidence, which establish...

Amendments In Connection With Time-Barred Claims Permissible If Special Circumstances Exist: Patna High Court

While dismissing a civil miscellaneous application, a bench of Justice Sunil Dutta Mishra of the Patna High Court held that the Court has the power to allow amendments in connection with claims that have become time-barred if special circumstances exist and it is in the interest of justice. However, no amendment will be permitted that introduces a new set of ideas to the detriment of any...

Order 6 Rule 17 CPC | Party Can’t Be Refused Relief Merely Over Inadvertence Or Infraction Of Procedural Rules: Patna High Court

A bench comprising Justice Sunil Dutta Mishra of the Patna High Court, while allowing a civil miscellaneous petition held that a party cannot be refused just relief merely because of some mistake, negligence, inadvertence or even infraction of the rules of procedure.In this case, the Civil Miscellaneous application was preferred for setting aside the order passed by Sub-Judge, Gaya in a...

Supreme Court Directs Withheld Salaries Of 7 Patna High Court Judges To Be Paid

The Supreme Court on Friday, as an interim measure, directed the release of the salaries of seven judges of the Patna High Court which had been withheld following the closing of their GPF accounts. The plea claiming that the General Provident Fund accounts of the seven judges had been closed was heard by a bench comprising Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice...

Patna High Court Says Most Law Colleges In State Lack Requisite Infra, Qualified Teachers; Seeks Reply From Chancellors

A division bench of the Patna High Court comprising Acting Chief Justice CS Singh and Justice Madhuresh Prasad has directed the Chancellor of all State Universities in Bihar to file an affidavit outlining what steps have been taken so far to streamline legal education in the State. The court passed the above order after having gone through several materials brought on record...