S.12 JJ Act | Purpose Of Law To Reform Children In Conflict, Punishing Them Would Be Self Destructive For Society: Patna High Court

While granting bail to a child alleged to be in conflict with law (CICL), the Patna High Court referred to Section 12 of Juvenile Justice Act 2015 to underscore that bail to a juvenile is a rule and refusal of bail is an exception. In doing so it said that bail to a juvenile in conflict with law can only be denied in certain circumstances including if on bail the juvenile person may come...

ED Loses Power To Arrest U/S 19 Of PMLA After Cognizance Is Taken If Arrest Was Not Made During Investigation: Patna High Court

The Patna High Court has held that the Enforcement Directorate (ED) cannot invoke its powers under Section 19 of the Prevention of Money Laundering Act, 2002 (PMLA) to arrest an accused after cognizance has been taken by the Special Court, if the accused was not arrested during the course of investigation. Justice Satyavrat Verma, presiding over the case, stated, “The learned counsel...

Transitional Credit Under GST Not Allowable For Capital Goods Received After 1 July 2017: Patna HC Upholds Recovery Of Ineligible CENVAT Credit

The Patna High Court, while upholding the recovery of ₹8,62,566 as ineligible CENVAT credit, held that transitional credit under the GST regime cannot be availed for capital goods received after 1st July 2017. The Division Bench of the High Court comprising Justices Rajeev Ranjan Prasad and Ramesh Chand Malviya held, “The distinction in the matter of giving benefit of CENVAT credit on...

Patna High Court Weekly Roundup: April 07 - April 13, 2025

Citations: 2025 LiveLaw (Pat) 25 To 2025 LiveLaw (Pat) 31NOMINAL INDEXX versus Y 2025 LiveLaw (Pat) 25Sanjay Kumar Shaw vs Smt. Anjali Kumari Shaw 2025 LiveLaw (Pat) 26Anisha Raj vs The State of Bihar and ors 2025 LiveLaw (Pat) 27The State of Bihar and ors vs Dhirendra Kumar and ors 2025 LiveLaw (Pat) 28Sanjeev Kumar Mishra vs The State of Bihar 2025 LiveLaw (Pat) 29Brij Nandan @ Siya Ram...

Litigants Come To Court After Losing Every Battle, Must Be Given Speedy Justice: Patna High Court Judge Justice Anjani Kumar Sharan Retires

“The court is the temple of justice and must be accessible to every person seeking redress of their grievances,” said Justice Anjani Kumar Sharan, who retired as a judge of the Patna High Court on April 9, after a six-year tenure on the bench and 28 years at the Bar.In his farewell speech delivered in a mix of Hindi and English at the Centenary Hall of the Patna High Court, Justice...

'No Legal Right Affected': Patna High Court Dismisses Plea Against Change In Site For Construction Of Panchayat Sarkar Bhawan

The Patna High Court has dismissed a writ petition challenging the decision to change the site for the construction of a Panchayat Sarkar Bhawan in Darbhanga district, holding that the petitioners had failed to show any personal legal injury or violation of a legal right.The petition was filed to quash the resolution passed by the Aam Sabha on 02.08.2016 and the subsequent order dated...

BPSC TRE-1: Patna HC Sets Aside Direction To Declare Supplementary Result For Unfilled Posts, Notes Remaining Aspirants Not Eligible

Patna High Court has set aside a July 2024 direction of a Single Judge, asking Bihar Public Service Commission to declare supplementary result for unfilled vacancies of Primary School Teachers for the 2023 recruitment drive.The Division Bench comprising Acting Chief Justice Ashutosh Kumar and Justice Partha Sarthy found that the remaining candidates though secured the cut-off marks, did not...

UG/PG Higher Degrees But Appointment Criteria Can't Be Tinkered: Patna HC Upholds Bihar Pharmacists Cadre Rules Mandating Diploma In Pharmacy

The Patna High Court has upheld the constitutional and statutory validity of Rule 6(1) of Bihar Pharmacists Cadre Rules, 2014 (amended), making Diploma in Pharmacy (D. Pharma) from Institutions recognized by the Government along with a certificate, a compulsory requirement to be eligible for appointment as Pharmacist in State Health Department.Dismissing a series of writ petitions, the...

'Lethargic Approach Tarnished Country's Image': High Court Slams Bihar Police For Lapses In Probing Foreign National Minor's Sexual Abuse Case

The Patna High Court has strongly criticised the Bihar police for their lethargic and negligent handling of a case involving allegations of sexual abuse against a minor foreign national, observing that their conduct—from the stage of FIR registration to investigation and charge-sheet submission—tarnished the image of India as a nation committed to justice under the Constitution.The Court...

Spouse Having Schizophrenia Not Ground For Divorce Unless Disorder Of Such Degree That Partner Can't Be Expected To Live Together: Patna HC

The Patna High Court has held that mere allegations of a mental disorder such as schizophrenia cannot justify a plea for divorce unless it is proved that the disorder is of such a kind and degree that the partner cannot reasonably be expected to live together. The Court emphasised that vague or unsubstantiated claims regarding mental illness or cruelty are insufficient to attract the grounds...

Patna High Court Directs Transfer Of Final-Year BDS Student To Govt College After Derecognition Of Private Institute

The Patna High Court has directed the State Government to transfer a fourth-year BDS student from the derecognised Dr. B.R. Ambedkar Institute of Dental Sciences and Hospital, Patna, to Patna Dental College, Patna, within four weeks. The direction was issued considering that the student was nearing completion of her course and that equity lay in her favour.Justice Anjani Kumar Sharan,...

Child Custody Can Be Granted Based On Present Day Circumstances, Courts Can't Cast Child's Horoscope: Patna High Court

The Patna High Court rejected a father's plea for custody over his minor daughter, after noting that the girl who has been living with her maternal grandfathers since she was an infant, would feel more warmth, affection and sense of security in their company today as compared to living in her father's company. The court however made it clear that it has not observed that the father is unfit...