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 Patna High Court

Subsequent Conferment Of Transfer Power On Vice-Chancellor Cant Validate Earlier Transfer Order: Patna High Court

A Division Bench of the Patna High Court comprising Acting Chief Justice Sudhir Singh and Justice Rajesh Kumar Verma held that a transfer order passed by the Vice-Chancellor before he had such power to transfer employees, cannot be validated by a subsequent amendment. Background Facts The respondent was initially appointed as Junior Scientist-cum Assistant Professor, Microbiology...

Patna High Court Recommends Reforms In Prison Manual, Calls For Hearing Before Remission Seizure, Safeguards For Illiterate Prisoners

The Patna High Court has recommended a series of reforms to the remission framework under the Bihar Prison Manual, 2012, including safeguards against arbitrary seizure of remission, fixed timelines for processing premature-release cases and measures to ensure that illiterate prisoners are not disadvantaged by educational or vocational criteria. A Division Bench comprising Justice...

Patna High Court Expunges DMs Remark Against Scholar Stating He Had Mentality To Harass SC/ST Persons, Warns Against Personal Comments

The Patna High Court has cautioned quasi-judicial authorities against making personal, irrelevant or biased remarks against litigants, after a District Magistrate described a Sanskrit scholar as appearing to have a “mentality to harass” persons belonging to the SC/ST community. A Single Judge Bench of Justice Alok Kumar was hearing a petition filed by Dr. Dev Narayan Jha...

Surprising: Patna High Court Grants Bail To Juveniles Who Drove From Assam To Patna While Carrying 65-Kg Ganja, Orders Inquiry

The Patna High Court has granted bail to two juveniles apprehended with over 65 kg of ganja, while directing an inquiry into how they allegedly travelled from Guwahati, Assam to Patna carrying commercial quantity of contraband without identification or vehicle documents. A Single Judge Bench of Justice Arun Kumar Jha was hearing two criminal revision petitions arising from a DRI case...

Uncorroborated Newspaper Report Not Substantive Evidence Of Misconduct In Departmental Inquiry: Patna High Court

The Patna High Court has held that an uncorroborated newspaper report cannot constitute substantive proof of misconduct in a departmental proceeding, particularly where the report is contradicted by contemporaneous official records.A Single Judge Bench of Justice Kumar Manish was hearing a petition filed by Pankaj Kumar challenging the departmental proceedings and punishment imposed upon...

Cognizance Orders Cannot Be Passed Mechanically By Filling Blanks On Printed Proforma: Patna High Court Flags Lack Of Application Of Mind

The Patna High Court has held that judicial orders cannot be passed mechanically by filling in blanks on a printed proforma, observing that even an order taking cognizance must reflect application of judicial mind.A Single Judge Bench of Justice Chandra Shekhar Jha was hearing a petition challenging the order dated 12.06.2018 passed by the Additional Chief Judicial Magistrate, Benipatti,...

Patna High Court Upholds 10-Year Blacklisting Of Contractor For False Work Experience Certificate

The Patna High Court has held that a personal hearing is not necessary where the contractor has been given an opportunity to respond through a show cause notice and his written explanation has been considered before passing the blacklisting order.A Division Bench of Acting Chief Justice Sudhir Singh and Justice Rajesh Kumar Verma was hearing a petition filed by a contractor challenging...

Requirement Of Furnishing Tender Document Includes Its Due Execution And Authentication By Bidder: Patna High Court

The Patna High Court has held that the requirement of furnishing a tender document necessarily includes the requirement that the document be duly executed and authenticated by the bidder. The Court observed, “the requirement of furnishing a document necessarily carries with it the requirement that the document should be duly executed and authenticated by the bidder.”A Division Bench of...

Patna High Court Seeks Details On Two Persons Allegedly Detained By Karnataka Police In Bihar Without Local Police Intimation Or Transit Remand

The Patna High Court has sought affidavits from the States of Bihar and Karnataka giving the “entire narration of the manner in which and the reasons for which” two persons were taken into custody in Bihar by Karnataka Police. The Court has also directed that their whereabouts and the judicial process, if any, followed in their arrest be disclosed.A Division Bench of Justice Rajeev...

Family Is Of Dabang Nature: Patna High Court Refuses Bail To Juvenile, Notes Criminal Antecedents Of Family Members

The Patna High Court has refused bail to a juvenile accused of murder, holding that his release would defeat the ends of justice in the circumstances of the case. The Court noted that the appellant's father had six criminal antecedents, including the present murder case, while his uncles and cousins also had criminal antecedents, and that the Social Investigation Report found a...

Patna High Court Grants Anticipatory Bail In Liquor Case, Directs Accused To Pay ₹15,000 For Flower Pots In Civil Court Campus

The Patna High Court has granted anticipatory bail to an accused in a Bihar Prohibition and Excise Act case, subject to the condition that he contributes Rs. 15,000 to the District Legal Services Authority, Khagaria for putting up flower pots in the Civil Court Campus of Khagaria Judgeship. The Court extended the relief after noting that the alleged recovery of 81.450 litres of foreign liquor...