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...

Removed From Job In 2019 Over Reservation Dispute, Patna High Court Says Deoria Resident Could Be Considered For Class IV Vacancy In General Category

More than three years after his appointment was cancelled by a single judge as he was found ineligible for the Class IV post revered under Backward Class category, the Patna High Court said Sessions Division at Saran could consider a Deoria resident's case against the vacancy in General category as a one time measure. Ajay Kumar Madhesiya, a Class IV employee, had been wrongly appointed under...

Protection Order Under DV Act: Section 468 CrPC Applicable Only At Cognizance Stage U/S 32 Of DV Act, Not Prior To It: Patna High Court

The Patna High Court recently said that Section 468 of CrPC (bar to taking cognizance after lapse of the period of limitation) has applicability in the matter of domestic violence only at the stage of Section 32 of Domestic Violence Act (cognizance and proof for breach of protection order) where question of taking cognizance is involved.Justice Dr. Anshuman said Section 468 of CrPC does...

Patna High Court Asks State Govt To Furnish Data On School Children With Disabilities, Availability Of Special Educators In Schools

The Patna High Court has directed the state government to furnish details of all children, having impairments as defined under the Persons with Disabilities Act, who are studying in various schools of Bihar.The division bench of Chief Justice K Vinod Chandran and Justice Madhuresh Prasad directed the Additional Chief Secretary (Education Department) to file an affidavit containing data on...

Public Land With Water Body And Temple Cannot Be Settled In Anyone's Favour: Patna High Court

The Patna High Court has said that a piece of land with a water body and a temple on it cannot be settled in anyone's favour even though it may be gairmazarua public land. The division bench of Justices Ashutosh Kumar and Harish Kumar observed:“When a water-body, which is used by the public in general, and a temple, which is accessible to all the devotees, stand on the land, even though it...

Patna High Court Upholds Forfeiture Of Senior SBI Official’s Gratuity, Says Irregularities Weren't Mere Lapses But Deliberate Acts For Personal Gain

Dismissing an appeal challenging the forfeiture of entire gratuity of a senior State Bank of India (SBI) officer, the Patna High Court said no other punishment could have been awarded to him for the proved charges against him. The bank official was accused of serious irregularities. The division bench comprising Justice Ashutosh Kumar and Justice Harish Kumar observed,"A senior officer of...

‘Not A Case Of People Suffering Due To Any Area Being Inaccessible’: Patna High Court Closes PIL Seeking Construction Of Road In Kaimur

Observing that it is not a case where people are suffering due to any area being inaccessible, the Patna High Court recently closed a Public Interest Litigation (PIL) seeking directions for construction of a public road in Kaimur district."Though further development of a road or road connectivity is an important facet of convenience for general public at large, we cannot lose sight of the...

Bihar Municipal Polls 2022| What Yardsticks Were Adopted By Dedicated Commission For Fulfilling 'Triple Test'?: High Court Asks State Govt

Hearing a writ plea challenging the Bihar Municipal Polls 2022 and the report of the dedicated Commission constituted by the state government to study the representation of Other Backward Classes (OBCs) in urban local bodies, the Patna High Court last week sought Bihar Government's affidavit on several issues.The Bench of Justice Satyavrat Verma asked the state to specify on what basis...

When Girl Child Doesn’t Appear To Be Comfortable With Mother, Necessary For Court To Consider & Grant Custody To Father: Patna High Court

The Patna High Court has said that if a girl child expresses discomfort with staying with her mother, even if it is a temporary circumstance, it is a very necessary ground to be factored in for the Family Court to opine and direct that the girl shall stay with her father. The Division Bench of Justices Harish Kumar and Ashutosh Kumar observed: “The Court exercising...

Pension And Other Retirement Benefits Valuable Right, Delay In Disbursement Must Be Compensated By State: Patna High Court

In a recent ruling, the Patna High Court has allowed a writ petition seeking payment of pension arrears of the petitioner’s late husband along with statutory and penal interest for the period between March, 2009 to June, 2017 from the Water Resources Department.BackgroundThe petitioner's late husband was appointed as a Correspondence Clerk in the Water Resources Department in 1968 and...