Patna High Court Quashes Cruelty Case Against Husband After Woman Declared Dead By Family Was Found Alive

The Patna High Court has quashed criminal proceedings against a man accused of cruelty under Section 498A IPC after noting that the complainant's family had mistakenly identified an unidentified woman's body as hers, while she was in fact alive in Mumbai.Justice Praveen Kumar passed the order in a petition challenging the Magistrate's decision taking cognisance of the offence.According to...

Debarment And Blacklisting Are Distinct; Cannot Blacklist Bidder Where NIT Only Provided For Debarment: Patna High Court

The Patna High Court has held that a tendering authority cannot blacklist a bidder where the Notice Inviting Tender (NIT) only provides for debarment. It held that blacklisting carries wider civil consequences and cannot be substituted for a contractual debarment merely because a bidder failed to execute the agreement.The Division Bench of Acting Chief Justice Sudhir Singh and Justice...

Writing 'Allowed' On Margin Of Delay Condonation Plea Without Reasons Is Not A Valid Judicial Order: Patna High Court

The Patna High Court has held that merely writing “Allowed” on the margin of an application seeking condonation of delay, without recording any reasons or drawing an order-sheet, cannot be treated as a valid judicial order. The Court consequently quashed the cognisance order and all consequential proceedings in a cheque dishonour complaint filed after a delay of 118 days.A Single Judge...

No Law Banning Polygamy Among Muslims; Multiple Widows Of Deceased Employee Entitled To Family Pension Under Bihar Policy: Patna High Court

The Patna High Court has held that, in the absence of any legislation prohibiting polygamy among Muslims, a Muslim widow is entitled to family pension if her marriage with the deceased government employee was valid under Mohammedan Personal Law. The Court also held that the Finance Department's 2011 clarification extending family pension to surviving widows of deceased Muslim government...

Patna High Court Quashes 'Blank' NHAI Notice Over Highway Land Acquisition, Imposes ₹5,000 Costs For 'Irresponsible' Action

The Patna High Court has quashed a blank notice issued by the National Highways Authority of India (NHAI) to a landowner in connection with land required for construction of National Highway-527C, terming the manner in which it was issued “irresponsible”. The Court also imposed costs of ₹5,000 on the NHAI for the mental agony caused to the petitioner, while permitting the authority...

Patna High Court Quashes Cognizance Order Passed On Printed Proforma, Says Judicial Orders Can't Be Mechanical

The Patna High Court has quashed a Magistrate's cognizance order in a criminal case after finding that it had been passed by merely filling in the blanks on a printed proforma, and did not reflect application of judicial mind. Justice Chandra Shekhar Jha observed that a Magistrate is not required to pass a detailed reasoned order at the stage of taking cognizance, but the order must reflect...

Pressuring Spouse To Sign Divorce & Child Custody Papers Doesn't Constitute 'Cruelty': Patna High Court

The Patna High Court has held that merely pressuring a spouse to sign divorce and child custody papers during matrimonial negotiations does not constitute the offence of cruelty under Section 85 of the Bharatiya Nyaya Sanhita, 2023. The Court observed that such conduct neither amounts to harassment for an unlawful demand of property nor to wilful conduct likely to drive a woman to suicide...

BSUSC Must Verify Teaching Experience Certificates Before Awarding Zero Marks To Candidates: Patna High Court

The Patna High Court has held that the Bihar State University Service Commission (BSUSC) cannot deny marks for teaching experience solely because an experience certificate does not mention a letter or memo number and date, where the advertisement itself does not prescribe such a requirement. The Court held that in such cases, the Commission is under an obligation to verify the certificate...

Bihar and Orissa Public Demands Recovery Act Doesn't Permit Belated Recovery From Legal Heirs After Years Of Inaction: Patna High Court

The Patna High Court has held that Section 52 of the Bihar and Orissa Public Demands Recovery Act, 1914, does not confer an unrestricted or perpetual power upon the State to initiate recovery proceedings against the legal heirs of a deceased certificate debtor after years of unexplained inaction. The Court held that such proceedings must be pursued strictly in accordance with law and within...

Patna High Court Quashes FIR Against GATE AIR 45 Holder, Says Student Protest Was In 'Youthful Exuberance'

The Patna High Court has quashed an FIR lodged against an engineering student accused of vandalism and assault during a protest over internal assessment marks, observing that the incident was merely “an act of protest undertaken by a number of students in youthful exuberance” and that continuation of the proceedings would unfairly jeopardise the petitioner's future.A Single Judge Bench...

Similarly Situated Employees Already Regularised Cannot Be Denied Same Benefit Without Intelligible Differentia: Patna High Court

The Patna High Court has held that an employee whose appointment was made under the same staffing pattern and in identical circumstances as other employees who have already been regularised cannot be denied the same benefit in the absence of any intelligible differentia. The Court observed that doing so would amount to unequal treatment amongst equals.A Division Bench of Justice Sudhir Singh...

Medical Negligence Case Requires Prima Facie Proof Of Gross Negligence Supported By Medical Opinion: Patna High Court

The Patna High Court has held that criminal prosecution against a doctor for alleged medical negligence cannot continue in the absence of prima facie material disclosing gross negligence supported by competent medical opinion. The Court observed that permitting such prosecution would cause manifest injustice and undermine the distinction between civil liability and criminal culpability.A...