Patna High Court
Patna High Court Weekly Roundup: May 05 - 11, 2025
Citations: 2025 LiveLaw (Pat) 46 To 2025 LiveLaw (Pat) 51NOMINAL INDEXAvanish Kumar Singh v. The State of Bihar & Ors. 2025 LiveLaw (Pat) 46 CTS Industries Limited vs. Directorate General of GST Intelligence 2025 LiveLaw (Pat) 47 Dr. Mamta Sinha vs. The State of Bihar & Anr. 2025 LiveLaw (Pat) 48 Siddartha Travels v. Principal Commissioner of CGST and Central Excise & Ors....
For Mere Unauthorised Absence, Punishment Of Compulsory Retirement Too Harsh: Patna HC
Patna High Court: A single judge bench consisting of Justice Purnendu Singh quashed an order that imposed compulsory retirement on a CISF constable for allegedly misbehaving at work. The court held that the punishment was disproportionate, and further directed the Disciplinary Authority to impose a lesser punishment. The court explained that a disproportionate penalty attracts Article 21...
Outsourcing In Govt Depts Must Comply With Labour Laws: Patna HC Upholds 2019 Memo Allowing Contractual Assistants To Remain In Service
The Patna High Court has directed District Magistrate of Purnea to post 22 contractual executive assistants, appointed under the Bihar Prashashanik Sudhar Mission (BPSM) whose services were stopped due to paucity of funds, in vacant posts in other departments of the state government. In doing so the court upheld a 2019 notification as per which Executive Assistants were entitled to remain...
Patna High Court Upholds ₹25 Lakh Service Tax Demand Against Travel Agency Which Failed To Disclose Transactions & Claimed Records Were Lost In Fire
The Patna High Court has recently upheld a service tax demand of ₹25.25 lakh against a travel agency, dismissing its defence that crucial business records had been lost in a fire. The Division Bench comprising Justice Rajeev Ranjan Prasad and Justice Ashok Kumar Pandey observed, “this petitioner having surrendered his service tax registration had not disclosed the transactions in ST-3....
All Conviction, Bail-Related Judgments Must Carry Coversheet Informing About Free Legal Aid Facilities: Patna High Court
The Patna High Court has issued a Circular directing all courts under its jurisdiction to attach a coversheet to judgments involving conviction, dismissal or reversal of acquittal, or bail application dismissal, informing the affected party of their right to free legal aid for pursuing higher remedies.The above direction issued via a Circular Order dated 21 April 2025 follows the Supreme...
Patna High Court Quashes 22 Yrs Old Criminal Case Against Gynaecologist Accused Of Involvement In Kidney Removal During Surgery
The Patna High Court has quashed all criminal proceedings against a female gynaecologist, in a long-pending medical negligence case dating back to 2003 whereby a railway employee alleged that his right kidney had been unlawfully removed during a surgery conducted at a private nursing home. The petitioner, Dr. Mamta Sinha, was accused solely on the basis of her presence in the operation...
Once Input Tax Credit Is Wrongfully Availed Due To Fraud Or Suppression, State Officer Can Issue Notice Even Without Central Action: Patna HC
The Patna High Court has upheld a tax assessment order passed by the State GST Authority, clarifying that once a Proper Officer determines that input tax credit has been wrongfully availed or utilized due to fraud or suppression of facts, they are empowered to issue a notice under Section 74(1) of the CGST/BGST Act, 2017. A Division Bench comprising Justice Rajeev Ranjan Prasad and...
Should Have Vacated Govt Quarter When He Ceased To Be MLA: Patna HC Rejects Politician's Plea Against Demand Of ₹20.98 Lakh Penal Rent
The Patna High Court dismissed an appeal moved by politician and former Bihar MLA Avanish Kumar Singh who claimed occupancy over a government bungalow despite resignation, observing that the moment he ceased to be an MLA he ought to have vacated the government quarter. A division bench of Justice P. B. Bajanthri and Justice Alok Kumar Sinha held that the petitioner's continued occupation...
Patna High Court Weekly Roundup: April 28 - May 04, 2025
Citations: 2025 LiveLaw (Pat) 41 To 2025 LiveLaw (Pat) 45NOMINAL INDEXSarojani Educational Trust vs Central Board of Secondary Education 2025 LiveLaw (Pat) 41Pushpa Devi vs The State of Bihar Patna and ors 2025 LiveLaw (Pat) 42Bishal Roadways Versus UOI 2025 LiveLaw (Pat) 43Vijay Kumar Singh vs State of Bihar and Ors 2025 LiveLaw (Pat) 44M/s Sri Sai Food Grain and Iron Stors vs The State of...
GST Inspection Not Legally Sustainable Without Compliance With S.67 Of CGST Act & S.100 CrPC: Patna HC Quashes ₹88.64 Lakh Tax Demand
The Patna High Court, while allowing a petition challenging a tax demand of ₹88,64,550.50, has observed that an inspection conducted under the BGST/CGST regime is legally unsustainable if not carried out in compliance with Section 67 of the BGST/CGST Act, 2017 read with Section 100 of the Code of Criminal Procedure, 1973. According to Section 67 of BGST/CGST Act, 2017, an inspection to...
'Bar On Further Appeal Can't Be Ignored': Patna HC Rejects LPA Against Appellate Court's Order Under Bihar Hindu Religious Trusts Act
Dismissing a letters patent appeal filed against an appellate court's order under the Bihar Hindu Religious Trusts Act pertaining to removal of the manager of a temple's deity and its property, the Patna High Court said that when the act itself creates a bar on filing further appeal then the same cannot be "ignored" and must be strictly enforced. The court said this after noting that...