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 Patna High Court

Patna High Court Quashes Cognizance Order Passed On Printed Proforma, Says Judicial Orders Cant 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 Doesnt 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 Doesnt 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...

Debarment Cant Continue After Contractor Completes Work Accepted By Department: Patna High Court

The Patna High Court has held that a contractor's debarment cannot continue after the work for which the debarment was imposed has been completed and accepted by the department. The Court observed that in the absence of a fresh order extending the debarment or assigning reasons for its continuance, such debarment assumes the character of an impermissible indefinite debarment.A Division Bench...

Tender Cant Be Cancelled Citing Expiry Of Bid Validity After Invoking Extension Clause: Patna High Court

The Patna High Court has held that once a tendering authority invokes the contractual mechanism for extension of bid validity and obtains the bidders' consent, it cannot subsequently justify cancellation of the tender solely on the ground that the original bid validity period expired. The Court held that such a course is inconsistent with the scheme of the Standard Bidding Document...