S.125 CrPC | Muslim Woman Entitled To Maintenance If Unable To Maintain Herself After Divorce Despite Being Paid For Iddat Period: Patna HC

The Patna High Court in a recent ruling has reaffirmed that a Muslim woman, even after being divorced, is entitled to claim maintenance under Section 125 of the Criminal Procedure Code (Cr.PC) if her former husband has not made sufficient provision for her livelihood during the iddat period or thereafter. The Court observed that the existence of the Muslim Women (Protection of Rights on...

'No Systematic Irregularities Proven': Patna HC Dismisses Pleas Challenging BPSC 70th Prelims, Allows Conduct Of Mains Examination

The Patna High Court on Friday dismissed multiple petitions seeking the cancellation and re-examination of the integrated 70th Bihar Public Service Commission (BPSC) Combined (Preliminary) Competitive Examination (CCE). The court ruled that there was “no definite evidence of malpractice at all centres” in the preliminary tests conducted on December 13, 2024.A division bench comprising...

In Absence Of Separate 'Seat' Clause In Arbitral Agreement, Court Mentioned In 'Venue' Clause Has Exclusive Jurisdiction: Patna HC

The Patna High Court bench of Acting Chief Justice Ashutosh Kumar has held that in the absence of any clause in the agreement apart from Clause 36.3, which speaks of the “venue” being Delhi, there cannot be any other inference or intention of the parties for the “venue” and the “seat” being different. Additionally, the court noted that the agreement in question does...

Parallel Proceedings U/S 145 Of CrPC Are Unsustainable When Civil Suit Concerning Same Property Is Already Pending: Patna HC

The Patna High Court has held that parallel proceedings under Section 145 of the Cr.PC are unsustainable when a civil suit concerning the same property is already pending, and that an attachment order under Section 146(1) Cr.PC requires an “emergent situation” which is more than a mere apprehension of breach of peace.Justice Jitendra Kumar observed, “It is also pertinent to point out...

Fresh Disciplinary Enquiry After Submission Of Enquiry Report Impermissible: Patna HC

Patna High Court: A single judge bench of Justice Arvind Singh Chandel set aside an order for fresh disciplinary enquiry against a government servant, finding it impermissible under the Bihar Government Servants (Classification, Control and Appeal) Rules, 2005. The court held that after submission of an enquiry report, the disciplinary authority has limited options and cannot start a...

Pay Verification Cell Cannot Unilaterally Override University's Pay Fixation Of Employees: Patna HC

Patna High Court: A Single Judge Bench of Justice Harish Kumar ruled that the Pay Verification Cell under the Education Department cannot unilaterally override pay fixation decisions made by a university's statutory committee. The court held that objections from the Pay Verification Cell should be treated as audit objections; they require the university to notify affected employees...

'Publicity Interest', Patna High Court Refuses To Pass Order In PIL Against Honey Singh's Song, Seeks Union's Response

The Patna High Court today (March 7) heard a Public Interest Litigation (PIL) filed by actress Nitu Chandra against the alleged vulgarity in renowned singer Yo Yo Honey Singh's latest chartbuster song 'Maniac'. The actress had approached the High Court seeking legal action against Honey Singh's new song, including the deletion of the song.Today, the matter was fixed for the passing of an...

Cannot Be Compelled To Remove Blockage & Let Neighbour's Dirty Water Flow Onto Courtyard, S.133 CrPC Not For Settling Private Disputes: Patna HC

The Patna High Court has ruled that an individual cannot be compelled to allow drainage from a neighbor's house onto their private property under the guise of preventing a public nuisance. It had been contended that the neighbour of the petitioner had drained his dirty water onto the petitioner's courtyard, which had been blocked by the petitioner. However, the neighbour then approached...

Patna High Court Weekly Round-Up: February 17 - February 23, 2025

Nominal Index:Narendra Kumar Ram vs The State Of Bihar and Ors 2025 LiveLaw (Pat) 9Ram Autar Rai vs The State Of Bihar and Ors 2025 LiveLaw (Pat) 10Company Ram @ Tiran Ram and ors vs The State of Bihar and Anr 2025 LiveLaw (Pat) 11Biswajit Kumar Pandey @ Lalu Kumar vs The State of Bihar 2025 LiveLaw (Pat) 12Rakesh Rai vs The State of Bihar 2025 LiveLaw (Pat) 13Surendra Kumar and Anr vs State...

Juvenile Institutionalization Should Be The Last Resort; Family Is The Best Institution For Rehabilitation: Patna High Court

The Patna High Court has held that institutionalization should be a measure of last resort and that the family is the primary institution for the rehabilitation and reintegration of a child in conflict with the law. It thus set aside the rejection of bail for a juvenile accused in a murder case, ruling that the juvenile justice system is reformatory, not punitive.Justice Jitendra Kumar,...

Magistrate's Satisfaction On Apprehension Of Breach Of Public Peace Condition Precedent For Initiating Section 145 CrPC Proceeding: Patna HC

The Patna High Court has said that an Executive Magistrate is expected to invoke proceedings under Section 145 CrPC only when there is an apprehension of breach of public peace, adding that the condition precedent for initiating such proceedings is his satisfaction regarding such apprehension.Section 145 lays down the procedure to be followed where there is a dispute concerning land or...

Supreme Court Collegium Recommends Appointment Of 5 Advocates As Patna High Court Judges

The Supreme Court Collegium in its meeting held on 20th February, 2025 has approved the proposal for appointment of the following Advocates, as Judges of the High Court of Judicature at Patna:(i) Shri Alok Kumar Sinha,(ii) Shri Ritesh Kumar,(iii) Smt. Soni Shrivastava,(iv) Shri Sourendra Pandey, and(v) Shri Ansul @ Anshul...