Patna High Court
S.73(e) Of Bihar Excise Act Is Not Mandatory, Uses 'May' Instead Of 'Shall': Patna High Court Declines To Interfere In Liquour Seizure
The Patna High Court has held that Section 73(e) of the Bihar Prohibition and Excise Act, 2016 is not mandatory, noting that the legislature has used the word “may” and not “shall” in the provision.A Single Judge Bench of Justice Praveen Kumar made the observation while refusing to interfere with an order taking cognizance against a man for offences under Section 273 of the Indian...
Bihar Reservation Act Does Not Govern Reservation For Mukhiya Elections; Panchayat Raj Act Applies: Patna High Court
The Patna High Court has held that reservation in elections to the post of Mukhiya is governed by the Bihar Panchayat Raj Act, 2006 and not by the Bihar Reservation of Vacancies in Posts and Services (for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1991.A Single Judge Bench of Justice Partha Sarathy set aside the Caste Scrutiny Committee's decision and a...
'Right To Take Out Religious Processions Is Not Absolute': Patna High Court Refuses To Interfere With Restrictions On Mahabiri Julus
The Patna High Court has held that though the right to take out a religious procession is protected under Articles 19(1)(b) and 25 of the Constitution, the right is not absolute and is subject to reasonable restrictions, including those imposed for maintaining public order.A Single Judge Bench of Justice Alok Kumar refused to interfere with restrictions concerning a 'Mahabiri Julus' in...
'Govt Recognition' Means Recognition By Indian Authorities; Certificate From Nepal Institute Not Valid For PDS Licence: Patna High Court
The Patna High Court has held that where eligibility for a Public Distribution System (PDS) licence requires an educational certificate recognised by the “Government”, the expression refers to the Government of India or authorities within India or under its control.A Single Judge Bench of Justice Girijish Kumar upheld the rejection of a candidate whose computer certificate had been...
Bihar Teacher Transfer Rules Give Preference To Spouses In Govt Service For Posting At Same Place: Patna High Court
The Patna High Court has observed that the Bihar State Teachers Transfer Rules, 2026 specifically provide for preference in transfer where both spouses are in government service, and directed consideration of two teachers' requests for posting in the Patna Sadar Urban Region where their husbands work.A Single Judge Bench of Justice Harish Kumar directed the District Establishment Committee...
Patna High Court Quashes FIR Against Retired DSP For Attending 'Fish Party' During Covid Lockdown
The Patna High Court has quashed a 2020 FIR against a former DSP for allegedly attending a “fish party” during the Covid-19 lockdown in violation of social distancing guidelines.A Single Judge Bench of Justice Soni Shrivastava said that the petitioner may have committed an administrative lapse, but found that continuing the criminal case against him would not serve the interests...
Patna High Court Dismisses PIL Seeking Suspension Of Police Officers Over Alleged Lathi Charge During Students' Protest
The Patna High Court has dismissed a PIL seeking suspension of senior Patna police officers and action against police personnel over an alleged lathi-charge on students.A Division Bench of Acting Chief Justice Sudhir Singh and Justice Rajesh Kumar Verma said that a third party cannot ordinarily invoke PIL jurisdiction to seek disciplinary action against individual employees.The PIL sought...
Advocate Moves Patna High Court Alleging Illegal Detention & Assault By Police Amid Student Protests
The petitioner has sought independent investigation and compensation.
Failure To Pay Balance Sale Consideration Cannot By Itself Amount To Cheating: Patna High Court
The Patna High Court has held that failure to pay the balance sale consideration under an agreement cannot by itself constitute cheating unless dishonest or fraudulent intention existed when the promise was made.A Single Judge Bench of Justice Alok Kumar Pandey observed that such intention cannot be presumed merely because a party subsequently failed to keep its promise.The case arose from a...
Lowest Or Sole Bidder Has No Vested Right To Contract Until Letter Of Acceptance Is Issued: Patna High Court
The Patna High Court has held that merely emerging as the lowest or sole successful bidder does not give a bidder a vested right to the contract. Such a right does not arise until the competent authority accepts the bid and communicates its acceptance.A Division Bench of Acting Chief Justice Sudhir Singh and Justice Rajesh Kumar Verma said that until then, a bidder only has a right to fair...
Voter List Entry Showing Spouse's Name Not Proof Of Valid Hindu Marriage: Patna High Court
The Patna High Court has held that a person's name appearing as a spouse in the voter list does not, by itself, prove a valid Hindu marriage. Where the marriage itself is disputed, the party asserting it must prove that the marriage was solemnised through the rites and ceremonies required under Section 7 of the Hindu Marriage Act, 1955. A Division Bench of Justice Bibek Chaudhuri and Justice...
Patna High Court Upholds 3-Year Blacklisting Of DDU-GKY Agency Over Fabricated Placement Records
The Patna High Court has upheld the three-year blacklisting of an agency engaged to implement a placement-linked skill development programme under the Deen Dayal Upadhyaya Grameen Kaushalya Yojana (DDU-GKY), after verification found fabricated bank statements, discrepancies in employment records and beneficiaries denying that they had been placed.A Division Bench of Acting Chief Justice...