Procedural Impediments In Govt Machinery Not 'Sufficient Cause' For Condoning Delay In Filing Appeal U/S 37 Of Arbitration Act: Patna High Court

The Patna High Court Bench of Justice Ramesh Chand Malviya has held that procedural impediments in the government machinery are not a 'sufficient cause' for condoning the delay in filing the appeal. Additionally, the court held that the conduct, behaviour and attitude of a party relating to its inaction or negligence are relevant factors in condoning...

Unilateral Appointment Clause Of Arbitrator Hinders Equal Participation Of Parties In Appointment Process: Patna High Court

The Patna High Court Bench of Chief Justice K. Vinod Chandran held that a clause that allows one party to unilaterally appoint a sole arbitrator gives rise to justifiable doubts as to the independence and impartiality of the arbitrator. Further, such a unilateral clause is exclusive and hinders equal participation of the parties in the appointment process...

Centre Appoints Justice Ashutosh Kumar As Acting Chief Justice Of Patna High Court

Today, the Central Government notified the appointment of Justice Ashutosh Kumar as the acting chief justice of the Patna High Court. This development comes soon after the Union Government notified the appointment of Chief Justice K Vinod Chandran as a judge of the Supreme Court of India."In exercise of the power conferred by Article 223 of the Constitution of India, the President is pleased...

Individuals Not Charge-Sheeted Can Be Summoned To Face Trial If Evidence Establishes Their Involvement In Offence: Patna High Court

The Patna High Court has held that those not charge-sheeted by the police can also be summoned to face trial under Section 319 of the Code of Criminal Procedure India, 1973 (Cr.PC) if strong and cogent evidence against them surfaces during the trial.Justice Jitendra Kumar, while dismissing the criminal revision petition filed by Draupadi Kunwar and others, observed, “The Court is empowered...

'Re-evaluation Is Not Permissible In Cases Where Authorities Have Ensured Clarity', Patna High Court

A Division Bench of the Patna High Court comprising Chief Justice K. Vinod Chandran and Justice Nani Tagia while setting aside a judgment of a Single Judge directing re-evaluation held that in cases related to re-evaluation, the court may permit such re-evaluation or scrutiny only if it is demonstrated very clearly, without any "inferential process of reasoning or by a process...

Patna High Court Annual Digest 2024

Nominal Index [Citations: 2024 LiveLaw (Pat) 1-133]Ajay Kumar Mahto vs The State of Bihar and Ors 2024 LiveLaw (Pat) 1M/s Flipkart Internet Pvt vs The State of Bihar and Ors 2024 LiveLaw (Pat) 2Ravi Shankar and Anr vs The State of Bihar and Ors 2024 LiveLaw (Pat) 3M/s Nav Nirman Construction vs The Union of India & Ors 2024 LiveLaw (Pat) 4Urmila Devi Jain & Ors vs. Ashok Kumar &...

'Recovery Of Excess Amount From Retired Employee For Period More Than Five Years Before Order Of Recovery Is Impermissible', Patna High Court

A Division Bench of the Patna High Court comprising Justice Arvind Singh Chandel allowed a Petition challenging an Order of Recovery from a Retired Clerk who was paid an excess amount due to alleged wrong pay fixation. The Court reiterated that the recovery of excess amount paid by mistake is not permissible in cases where the recovery is made in case of employees belonging to...

Cognizance Of Offence U/S 188 IPC Requires Complaint By Public Servant, Not FIR: Patna High Court Quashes Magistrate's Order

The Patna High Court in a judgment delivered recently, quashed the cognizance taken by the Judicial Magistrate of offence under Section 188 of the Indian Penal Code (IPC). The court held that cognizance for the offence under Section 188 IPC cannot be taken on the basis of a police report and must adhere strictly to the requirements of Section 195(1)(a) of the Code of Criminal...

Recovery Of Excess Pension Payments From Retired Class-III Employee Impermissible: Patna HC

Patna High Court: A Single Judge Bench consisting Justice Purnendu Singh allowed a writ petition that challenged the recovery of excess pension payments made to a retired Central Industrial Security Force Sub-Inspector. Following State of Punjab v. Rafiq Masih, the court ruled that recovery of excess payments from Class-III employees is impermissible when the error is administrative and...

Termination Of Services Of Anganwadi Supervisor Without Following Procedure, Patna HC Revokes.

A single judge bench of the Patna High Court comprising of Justice Bibek Chaudhuri held that termination of Anganwadi Supervisor from the service without following the termination procedure under Clause XIV of the Pervekshika Niyojan Margdarshika is invalid. Background Facts The State Government created the Anganwadi Center No. 206 in Ward No. 8, Pilapur, Bhojpur District....

S.12(5) Of A&C Act Provides For Agreement In Writing, Novation Can't Be Allowed Only Because Of Appointment Of Arbitrator At First Instance: Patna HC

The Patna High Court Bench of Chief Justice K. Vinod Chandran has held that the proviso to Section 12(5) specifically provided for a waiver by an express agreement in writing. When the statute provides for an express agreement in writing there can be no novation of the agreement found, by reason only of the appointment of an Arbitrator at the first...

Oral Testimony Of General Witness About Nature Of Injury Sans Medical Evidence/ Expert Opinion Insufficient To Prove Homicidal Death: Patna HC

The Patna High Court has recently upheld the acquittal of three women accused of murder, while ruling that oral testimony of general witnesses regarding nature of injury suffered by the deceased (without corroboration from medical experts) is insufficient to establish homicidal death.The division bench, comprising Justice Rajeev Ranjan Prasad and Justice Jitendra Kumar, observed, “Oral...