Patna High Court Monthly Digest: December 2023

Nominal Index [Citations: 2023 LiveLaw (Pat) 140-155]Musmat Shanti Devi & Anr vs. Lallu and Ors 2023 LiveLaw (Pat) 140Lalan Kumar Yadav & Ors vs The State of Bihar & Ors 2023 LiveLaw (Pat) 141Jalaluddin Khan @ Md. Jalaluddin vs The Union of India 2023 LiveLaw (Pat) 142Mahavir Sharmik and Nirman Swalambi Sahkari Samiti Limited vs State of Bihar & Ors 2023 LiveLaw (Pat) 143Md. Tazuddin vs. The State of Bihar & Ors.2023 LiveLaw (Pat) 144Avinash Kumar Ranjan vs The State of Bihar 2023 LiveLaw (Pat) 145Navjot Singh Sidhu vs The State of Bihar and Anr 2023 LiveLaw (Pat) 146The State of Bihar vs. Amar Kumar 2023 LiveLaw (Pat) 147M/s Trimurti Private Limited vs The State of Bihar & Ors 2023 LiveLaw (Pat) 148M/s Friends Mobile vs The State of Bihar & Ors 2023 LiveLaw (Pat) 149M/s Ceat Ltd. vs The State of Bihar & Ors 2023 LiveLaw (Pat) 150M/s ACC Limited vs. The State of Bihar & Ors 2023 LiveLaw (Pat) 151M/s Micro Zone vs The Union of India and Ors 2023 LiveLaw (Pat) 152Smt. Rudra Maya Sinh vs. The Registrar General and Ors 2023 LiveLaw (Pat) 153Alok Bharti, vs. Jyoti Raj 2023 LiveLaw (Pat) 154M/s Prince Sanitation Gandhi Path vs. The State of Bihar and Ors 2023 LiveLaw (Pat) 155Judgments/Orders This MonthTransfer Of Property Act | Unregistered Sale Deed Admissible As Evidence For Considering Relief Of Specific Performance: Patna HCCase Title: Musmat Shanti Devi & Anr vs. Lallu and OrsLL Citation: 2023 LiveLaw (Pat) 140The Patna High Court recently ruled that an unregistered sale agreement remains admissible as evidence in a lawsuit seeking specific performance of the agreement.Justice Sunil Dutta Mishra observed, “It is clear from the above that even where the sale agreement is not registered, the document can be received as evidence for considering the relief of specific performance and the inadmissibility will confine itself only to the protection sought for under Section 53-A of the Transfer of Property Act.”Candidates With B.Ed. Not Eligible For Primary School Teaching Jobs: Patna High CourtCase Title: Lalan Kumar Yadav & Ors vs The State of Bihar & OrsLL Citation: 2023 LiveLaw (Pat) 141The Patna High Court, while allowing a set of writ petitions challenging a 2018 notification by the National Council of Teacher Education (NCTE), has ruled that candidates holding Bachelor of Education (B. Ed.) qualifications cannot be deemed eligible for appointment as primary school teachers.The division bench comprising Chief Justice K. Vinod Chandran and Justice Rajiv Roy observed, “The writ petitions are allowed with the finding that the notification dated 28.06.2018, issued by 'the NCTE' is no longer applicable and the B.Ed candidates cannot be considered eligible for appointment as primary school teachers.” 'Providing Legal Help To PFI Cadre Not A Terriorist Act': Patna HC Grants Bail To Advocate Accused Of Endangering Security Of IndiaCase Title: Jalaluddin Khan @ Md. Jalaluddin vs The Union of IndiasLL Citation: 2023 LiveLaw (Pat) 142The Patna High Court has held that offering legal assistance to banned organizations (such as Popular Front of India cadre) or interviewing candidates for selecting them for giving scholarships would never fall in any one of the proscribed categories of the Terrorist Acts under the Unlawful Activities (Prevention) Act, 1967.Furthermore, the court emphasized that mere membership in a banned organization should not be sufficient grounds for denying bail, especially when the trial is anticipated to extend over an extended period.Mere Membership Of A Banned Organization Doesn't Justify Bail Rejection When Trial Is Anticipated To Prolong: Patna HCCase Title: Jalaluddin Khan @ Md. Jalaluddin vs The Union of IndiasLL Citation: 2023 LiveLaw (Pat) 142In a recent ruling, the Patna High Court has said that mere membership in a banned organization shouldn't be reason enough to deny bail, particularly when the trial is anticipated to be prolonged.The division bench of Justices Ashutosh Kumar and Alok Kumar Pandey said, “Merely being a member of a banned organization, would not justify rejection of bail when the Trial is likely to continue for a longer time.” Patna High Court Grants Relief to Cooperative Society, Rules Solid Waste Management Activity Exempt from BGSTCase Title: Mahavir Sharmik and Nirman Swalambi Sahkari Samiti Limited vs State of Bihar & Ors. LL Citation: 2023 LiveLaw (Pat) 143In a recent legal development, the Patna High Court has ruled in favor of a Cooperative Society registered under the Bihar Goods and Services Tax Act, 2017 (BGST Act), stating that the Solid Waste Management Activity undertaken by the petitioner is exempt from BGST. The court quashed assessment orders and demand notices against the Cooperative Society, emphasizing that there is no supply of goods involved in the solid waste management disposal work awarded to the petitioner.A division bench of Chief Justice K. Vinod Chandran and Justice Partha Sarthy opined, “There is no supply of goods in the solid waste...

Patna High Court Monthly Digest: December 2023

Bhavya Singh

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