S.5 Of Limitation Act Applies To Revision Pleas Under Bihar Public Works Contracts Disputes Arbitration Act: Patna High Court

The Patna High Court Bench of Justice Ramesh Chand Malviya has observed that Section 5, Limitation Act applies to revisions under Section 13, Bihar Public Works Contracts Disputes Arbitration Act, 2008 (“BPWCDA Act”), meaning thereby that delay in filing a challenge to awards passed under BPWCDA Act can be condoned by applying Section 5, Limitation Act. Since there were...

Bihar Police Recruitment: 17 Yrs On, High Court Grants Relief To 252 Candidates Denied Post Despite Higher Merit

The Patna High Court directed the State to appoint 252 candidates as Sub-Inspectors in Bihar Police under a 2004 advertisment, holding that denying them appointment despite having higher marks than 133 already appointed candidates violates their fundamental rights under Articles 14 and 16 of the Constitution. Justice Arvind Singh Chandel delivered the judgment while allowing three writ...

Arbitrary & Generalized Apprehension: Patna High Court Quashes Order Denying Increase Of Arms Trader's Quota Due To 'Celebratory Firing'

The Patna High Court quashed two orders of the Bihar Government refusing to increase the stock quota of a licensed arms dealer, holding that the rejection was arbitrary, based on irrelevant grounds such as "celebratory firing".Justice Alok Kumar Sinha allowed the writ petition filed by M/s Premlata & Sons, run by proprietor Smt. Prem Lata Pandey, who holds a valid arms trade license...

Mere Breathalyser Test Insufficient To Convict Under Bihar Liquor Ban Act: Patna High Court

The Patna High Court has set aside a conviction under the Bihar Liquor Ban Act, stating that the breathalyser test is insufficient on its own without blood or urine evidence and pointing out flaws in the fair investigation. The court allowed an appeal, overturning a man's conviction of simple imprisonment for a period of one year, for allegedly consuming alcohol in violation of Bihar's...

Limitation To Claim GST Refund Begins From Date Of Correct Tax Payment: Patna High Court

The Patna High Court held that limitation for GST refund in wrong head ceases computed from correct payment date. Justices Rajeev Ranjan Prasad and Shailendra Singh after reading Section 77 of the CGST Act, 2017 read with Section 19 of the IGST Act opined that the relevant date for counting the period of limitation would start from the date when the assessee had deposited the tax...

₹7K Maintenance 'Absolutely Meagre' Amount In Today's Time: Patna HC Finds Able-Bodied Fruit Seller Husband Capable To Pay

The Patna High Court recently upheld a Family Court order directing a fruit seller husband to pay his wife ₹7,000 per month as maintenance under Section 125 CrPC, as it noted that the said amount is 'absolutely a meagre' sum in today's time. A bench of Justice Bibek Chaudhuri thus dismissed the husband's criminal revision petition while observing that it is not the actual income but...

Sessions Court Can't Relegate Accused Seeking Anticipatory Bail To Approach Police For Relief U/S 41A CrPC Or S.35 BNSS: Patna High Court

The Patna High Court has held that Sessions Courts cannot ask accused seeking anticipatory bail to approach the police for relief under Section 41A of the CrPC/Section 35 BNSS. In doing so the court emphasized that the competent courts cannot shut their doors and refer the petitioners to go to other fora for protection of their liberty.Section 41A of CrPC pertains to Notice of appearance...

Juvenile Over 16-Yrs Age Accused Of 'Heinous Offence' Also Entitled To Bail U/S 12 JJ Act: Patna High Court Reiterates

The Patna High Court granted bail to a juvenile accused of sexually assaulting a minor girl, observing that Section 12 of Juvenile Justice (Care and Protection of Children) Act, 2015 does not provide any classification on grant of bail and the provision applies to all children-in-conflict with law without any discrimination. It further observed that the even juveniles who are above...

Temples In Bihar Should Match Cleanliness Of South Indian Temples : Patna High Court

Observing that temples in South India maintain high standards of cleanliness and provide a pleasant experience to devotees, the Patna High Court recently questioned why temples in Bihar cannot be kept equally 'neat', 'clean', and 'green'. A bench of Justice Rajiv Roy made the remark in a matter relating to the constitution of a permanent committee for Shri Baba Kusheshwar Nath...

Before Serving Harshest Punishment Disciplinary Authority Must Consider Delinquent Officer's Explanation: Patna High Court

The Patna High Court has quashed the dismissal of a Bihar government officer accused of accepting a bribe, holding that the disciplinary proceedings leading to his termination were vitiated by serious procedural irregularities and a complete disregard for the principles of natural justice.The Court observed that while a corruption charge found by the disciplinary authority based upon the...

Patna High Court Criticizes Lawyers Booked In 1994 Murder Case For Undermining Trial Court's Authority, Denies Relief

The Patna High Court rejected pleas by two Dharbhanga lawyers booked in a 1994 murder case who had challenged trial court's dismissal of their application seeking exemption from personal appearance in the case. This, after the high court noted that one of them had continued to appear before the trial court in a separate case in a professional capacity. The high court thus remarked that...

Patna High Court Allows Convict To Raise Plea Of Juvenility 32 Yrs After Alleged Offence, Says It Can Be Raised At Any Stage

The Patna High Court has reiterated that the plea of juvenility can be raised by an accused in a criminal case at any stage of proceedings, even after final disposal of the case. Justice Jitendra Kumar thus directed the Juvenile Justice Board (JJB) Siwan, to conduct an inquiry into the juvenility claim of one of the eight appellants convicted in a 1993 attempt to murder case. The direction...