Patna High Court Annual Digest 2024

Ajay Kumar Mahto vs The State of Bihar and Ors 2024 LiveLaw (Pat) 1

M/s Flipkart Internet Pvt vs The State of Bihar and Ors 2024 LiveLaw (Pat) 2

Ravi Shankar and Anr vs The State of Bihar and Ors 2024 LiveLaw (Pat) 3

M/s Nav Nirman Construction vs The Union of India & Ors 2024 LiveLaw (Pat) 4

Urmila Devi Jain & Ors vs. Ashok Kumar & Ors 2024 LiveLaw (Pat) 5

Manoj Kumar Mishra vs. The State of Bihar and Ors 2024 LiveLaw (Pat) 6

M/s Raj Kumar Sao Kishori Lal Sao vs The State Of Bihar & Ors 2024 LiveLaw (Pat) 7

State of Bihar v. Bihar Rajya Vikas Bank Samiti 2024 LiveLaw (Pat) 8

Shahjahan v High Court of Judicature at Patna 2024 LiveLaw (Pat) 9

Nitish Kumar vs. State of Bihar and others 2024 LiveLaw (Pat) 10

Sri Vishnupad Bhagwan through his next friend Sri Kanhaiya Lal Gurda and others vs. The Bihar State Board of Religious Trust and others 2024 LiveLaw (Pat) 11

Amit Kumar vs The State of Bihar and Ors 2024 LiveLaw (Pat) 12

Dr. Uday Chandra Mishra vs. The State of Bihar 2024 LiveLaw (Pat) 13

National Insurance Co. Lt vs The State of Bihar and Ors 2024 LiveLaw (Pat) 14

Amit Lodha vs The State Of Bihar 2024 LiveLaw (Pat) 15

Munna Ansari Vs The State Of Bihar Bihar 2024 LiveLaw (Pat) 16

Manoj Kumar vs. The Chancellor of University of Bihar And Ors 2024 LiveLaw (Pat) 17

Sushil Kumar Choudhary vs. The State of Bihar And Ors 2024 LiveLaw (Pat) 18

Ramesh Radav vs The Union of India and Ors 2024 LiveLaw (Pat) 19

Association of Independent Schools Bihar & Anr vs. The State of Bihar & Ors 2024 LiveLaw (Pat) 20

Binit Kumar vs The State of Bihar & Ors 2024 LiveLaw (Pat) 21

Sanjay Kumar @ Sanjay Prasad v. The State of Bihar & Anr. 2024 LiveLaw (Pat) 22

Purnendu Shekhar Sinha Versus The Union Of India 2024 LiveLaw (Pat) 23

Abhishek Kumar Srivastava vs The State of Bihar 2024 LiveLaw (Pat) 24

Rajesh Kumar vs State of Bihar and another 2024 LiveLaw (Pat) 25

Rita Devi v The State of Bihar & Anr. 2024 LiveLaw (Pat) 26

Ashok Kumar Sharma v State of Bihar & Anr. 2024 LiveLaw (Pat) 27

The Sikh Collective vs The State of Bihar & Ors. 2024 LiveLaw (Pat) 28

Shibjee Pd. Singh V Manju Devi & Ors. 2024 LiveLaw (Pat) 29

SG and another vs State of Bihar and another 2024 LiveLaw (Pat) 30

Ganesh Mahto vs The State of Bihar 2024 LiveLaw (Pat) 31

Naresh Pandit vs. The State Of Bihar and another 2024 LiveLaw (Pat) 32

Sunil Pandit vs. State of Bihar 2024 LiveLaw (Pat) 33

Bikrama Singh & Anr Vs. State of Bihar & Ors 2024 LiveLaw (Pat) 36

Kuraisa Begum Vs. B. R. A. Bihar University & Ors LL Citation: 2024 LiveLaw (Pat) 37

Md. Irshad Kuraishi vs. State of Bihar 2024 LiveLaw (Pat) 38

MANZER PARWEZ vs Union of India 2024 LiveLaw (Pat) 39

Sandeep Kumar Jha and Others v. State of Bihar through the Chief Secretary and Others 2024 LiveLaw (Pat) 40

Sangeeta Devi & Ors. Vs. The State of Bihar 2024 LiveLaw (Pat) 41

Amrendra Kumar vs. The State of Bihar 2024 LiveLaw (Pat) 42

Makhan Prasad Singh Son of Late Shiv Chandra Singh vs. Mishrilal Singh & Ors 2024 LiveLaw (Pat) 43

Kamal Kishore Prasad vs. Sri Lal Kumar Rai & Ors 2024 LiveLaw (Pat) 44

Gaurav Kumar & Ors., vs. The State of Bihar, 2024 LiveLaw (Pat) 45

Manju Devi W/o Late Prabhakar Kumar Singh vs. State of Bihar & Ors., 2024 LiveLaw (Pat) 46

Prabhat Kumar Son of Late Ram Pukar Choudhary 2024 LiveLaw (Pat) 47

Jai Jai Ram Roy vs. The State of Bihar & Ors 2024 LiveLaw (Pat) 48

Mahesh Pandit & Anr. vs. The State of Bihar 2024 LiveLaw (Pat) 49

Radhe Yadav vs. Prabhas Yadav 2024 LiveLaw (Pat) 50

Satyabrat Ashok @ Satya Vrat Ashok vs. The State of Bihar 2024 LiveLaw (Pat) 51

Deo Narayan Yadav @ Bhulla Yadav vs. The State of Bihar 2024 LiveLaw (Pat) 52

Umesh Kumar Sinha vs. The State of Bihar & Ors. 2024 LiveLaw (Pat) 53

Shubhadra Kumari @ Subhadra Devi vs. The State of Bihar & Ors. 2024 LiveLaw (Pat) 54

Prof. (Dr.) Ram Bali Singh vs. The Bihar Legislative Council 2024 LiveLaw (Pat) 55

Ajeet Kumar vs. The State of Bihar & Anr. 2024 LiveLaw (Pat) 56

Syed Abu Dojana vs. Dilip Ray & Ors. 2024 LiveLaw (Pat) 57

Sanjeev Kumar & Ors. Versus The State of Bihar & Ors., 2024 LiveLaw (Pat) 58

Krishna Kumar Singh and Ors. versus The High Court of Judicature at Patna 2024 LiveLaw (Pat) 59

Manjit Ram @ Manjit Kumar Versus The State of Bihar & Anr. 2024 LiveLaw (Pat) 60

Ajit Kumar Singh Versus The State of Bihar & Ors., 2024 LiveLaw (Pat) 61

Mossamat Chintamani Devi & Ors Versus Lalan Chaubey & Anr., 2024 LiveLaw (Pat) 62

Smt. Pratima Kumari vs The State Of Bihar and Ors 2024 LiveLaw (Pat) 63

Ram Briksha Singh & Ors. Versus Ramashray Singh & Ors 2024 LiveLaw (Pat) 64

Sharwan Kumar Yadav & Ors. Versus Union Of India 2024 LiveLaw (Pat) 65

Sri Uma Shankar Ram Versus The Bank of India & Ors. 2024 LiveLaw (Pat) 66

Om Prakash Giri Versus The State of Bihar & Ors., 2024 LiveLaw (Pat) 67

Sri Praveen Anand Versus The Asst. General Manager State Bank of India & Anr 2024 LiveLaw (SC) 68

The Secretary-cum- Commissioner of Commercial Taxes Government of Bihar & Anr. Versus M/S Gangotri Iron and Steel Co. Ltd. & Anr. 2024 LiveLaw (Pat) 69

Sumit Kumar @ Sumit Kumar Tiwary Versus The Union of India & Ors., 2024 LiveLaw (Pat) 70

Infrastructure Development Authority Versus The Assistant Commissioner of Income Tax 2024 LiveLaw (Pat) 71

Deepak Dhanuk Versus The Union of India 2024 LiveLaw (Pat) 72

Anant Kumar Singh @ Anant Singh Versus The State of Bihar 2024 LiveLaw (Pat) 73

Vindeshwar Paswan & Ors. Versus State of Bihar & Ors., 2024 LiveLaw (Pat) 74

M/s Isolux Corsan India Engineering and Construction Private Limited Versus State of Bihar 2024 LiveLaw (Pat) 75

The State of Bihar & Ors. Versus Vikash Kumar @ Vikas Kumar 2024 LiveLaw (Pat) 76

Smt. Shakuntala Devi & Ors. Versus The State Of Bihar & Ors. 2024 LiveLaw (Pat) 77

Soni Kumari & Anr. Versus The State of Bihar 2024 LiveLaw (Pat) 78

The State of Bihar & Ors. Versus Hirdayanand Tiwari, Letters Patent Appeal No.257 of 2022 2024 LiveLaw (Pat) 79

Lalita Mishra vs The Union of India and Ors 2024 LiveLaw (Pat) 80

Yasmin Aash & Anr. versus The State of Bihar & Ors 2024 LiveLaw (Pat) 81

Baby Devi Vs. The State of Bihar and Ors 2024 LiveLaw (Pat) 82

Anita Devi Versus The State of Bihar & Ors., 2024 LiveLaw (Pat) 83

M/s Balmukund Concast Limited versus Bihar State Power holding Company Limited & ors 2024 LiveLaw (Pat) 84

Rajeev Kumar @ Rajiv Kumar versus Arti Kumari 2024 LiveLaw (Pat) 85

M/s Kedia Enterprises v. State of Bihar 2024 LiveLaw (Pat) 86

The State of Bihar vs. Kashish Developers Limited 2024 LiveLaw (Pat) 87

Ram Pravesh Chauhan Versus State of Bihar 2024 LiveLaw (Pat) 88

Dr. Shujaat Ali Khan vs The State of Bihar 2024 LiveLaw (Pat) 89

Md. Atif Ansar vs Rehan Mohammad Tarique and Ors 2024 LiveLaw (Pat) 90

Gul Hasan Miyan v Aas Mohammad & Anr. 2024 LiveLaw (Pat) 91

Pramod Mandal vs The State Of Bihar 2024 LiveLaw (Pat) 92

Tunna Kumar @ Tunnu Kumar & Ors vs General Manager & Ors 2024 LiveLaw (Pat) 93

Mohan Sahani & Ors. v Jagan Sahani & Ors. 2024 LiveLaw (Pat) 94

Avinash Kumar v The State of Bihar & Anr. 2024 LiveLaw (Pat) 95

Bijay Kumar Sarawagi v Sudhir Kumar Sarawagi & Anr. 2024 LiveLaw (Pat) 96

Sunil Kumar Sinha vs. The State of Bihar & Ors 2024 LiveLaw (Pat) 97

Jiwachh Yadav v. The State of Bihar 2024 LiveLaw (Pat) 98

Most. Panchola vs Sri Krishna Kumar 2024 LiveLaw (Pat) 99

Daya Shankar Prasad Thakur vs The State Of Bihar 2024 LiveLaw (Pat) 100

Kanchan Kumar Mishra v The State of Bihar & Ors. 2024 LiveLaw (Pat) 101

Mantu Yadav vs The State of Bihar 2024 LiveLaw (Pat) 102

Sita Kumari v The State of Bihar & Ors. 2024 LiveLaw (Pat) 103

Umesh Sharma vs The State Of Bihar 2024 LiveLaw (Pat) 104

The IFFCO vs Shamima Khatoon & Ors. 2024 LiveLaw (Pat) 105

Munmun Kumari v The State of Bihar & Ors. 2024 LiveLaw (Pat) 107

Mannu Vs. State of Bihar 2024 LiveLaw (Pat) 109

Sita Kumari v The State of Bihar & Ors. 2024 LiveLaw (Pat) 110

Umesh Sharma vs The State Of Bihar 2024 LiveLaw (Pat) 111

Mukesh Kumar Paswan v/s The State of Bihar and Others 2024 LiveLaw (Pat) 112

The IFFCO vs Shamima Khatoon & Ors. 2024 LiveLaw (Pat) 113

Suray Deo Paswan vs The State of Bihar 2024 LiveLaw (Pat) 114

Munmun Kumari v The State of Bihar & Ors. 2024 LiveLaw (Pat) 115

Mannu Vs. State of Bihar 2024 LiveLaw (Pat) 116

Hare Ram Yadav vs The State Of Bihar 2024 LiveLaw (Pat) 117

Md. Mahmood Alam vs The State of Bihar 2024 LiveLaw (Pat) 118

Chanda Kumari vs The Union of India 2024 LiveLaw (Pat) 119

Rajive Nandan Mourya vs. State of Bihar & ors 2024 LiveLaw (Pat) 120

Sunny Kumar versus e State of Bihar & ors 2024 LiveLaw (Pat) 121

Amit Shrivastava versus State of Bihar & ors 2024 LiveLaw (Pat) 122

Sanjay Tribedi @ Munna Tribedi vs. Kanti Devi & Ors. 2024 LiveLaw (Pat) 123

M/s Barhonia Engicon Private Limited v. The State of Bihar 2024 LiveLaw (Pat) 124

Ranjan Kumar Mandal Vs. The State of Bihar and Others 2024 LiveLaw (Pat) 125

The Principal Secretary Vs. Mehfooz Alam 2024 LiveLaw (Pat) 126

M/S Silverline v. The State of Bihar 2024 LiveLaw (Pat) 127

Rajive Nandan Mourya v. The State of Bihar & Ors. 2024 LiveLaw (Pat) 129

The State of Bihar versus M/s Tantia Construction Ltd. 2024 LiveLaw (Pat) 130

M/s R.S Construction Versus Infrastructure Development Authority and Ors. 2024 LiveLaw (Pat) 130

Aamir Karim vs State Of Bihar and another 2024 LiveLaw (Pat) 131

Brij Bihari Ray vs The State of Bihar and ors 2024 LiveLaw (Pat) 132

Hindustan Construction Company Ltd. v. Bihar Rajya Pul Nirman Nigam Limited 2024 LiveLaw (Pat) 133

Judgements/Orders This Week

Bihar Hindu Religious Trusts Act | State Religious Trust Board Must Follow Principles Of Natural Justice & Hear Affected Person: High Court

Case Title: Ajay Kumar Mahto vs The State of Bihar and Ors

LL Citation: 2024 LiveLaw (Pat) 1

The Patna High Court has ruled that before passing any order or making a decision under Section 28(2)(u) of the Bihar Hindu Religious Trusts Act, 1950 (the Act), the Bihar State Board of Religious Trusts must adhere to the principles of natural justice by affording a hearing opportunity to the affected or interested party.

Under Section 28(1), the Board holds general oversight over all religious trusts in the State. It is mandated to take reasonable and necessary actions to ensure proper supervision and administration of these trusts. Additionally, the Board is responsible for ensuring that the trust's income is appropriately utilized for its designated purposes, in alignment with the trust's founding or existing objectives to the extent they can be determined.

Pre-deposit For CGST/SGST Appeal Allowed Exclusively From Electronic Cash Ledger, Not Electronic Credit Ledger: Patna High Court

Case Title: M/s Flipkart Internet Pvt vs The State of Bihar and Ors

LL Citation: 2024 LiveLaw (Pat) 2

The Patna High Court has recently ruled that pre-deposit for maintaining an appeal under Section 107(6)(b) of the CGST/SGST Act is permissible solely by utilizing amounts from the Electronic Cash Ledger and not the Electronic Credit Ledger.

The division bench comprising Justices Madhuresh Prasad and Chakradhari Sharan Singh observed, "This court is also of the unambiguous conclusion that the pre-deposit (10 percent) for maintaining appeal under Section 107 (6)(b) of the CGST/BGST Act can be done by utilizing amounts in the ECL only. The conclusions are based on the provisions contained in Section 49(3) of the CGST/BGST Act read with Rule 85 (4) of the CGST/BGST Rules."

Senior Citizens Act | Son Can't Claim Right To Residence In Building Owned By Father, By Virtue Of Their Relationship Alone: Patna High Court

Case Title: Ravi Shankar and Anr vs The State of Bihar and Ors

LL Citation: 2024 LiveLaw (Pat) 3

While dealing with a case under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, the Patna High Court has ruled that simply by virtue of their relationship, a son does not have the right to claim residence in a property solely owned by his father.

Considering the son's involvement in a productive occupation, his earning capacity, and his ability to afford rental expenses in the case at hand, a division bench of Chief Justice K Vinod Chandran and Justice Partha Sarthy said a son who has forcibly occupied the house of his elderly parents would be liable to pay monthly rent.

Appellate Authority Cannot Dismiss Appeal For Non-Prosecution Due To Non-Appearance Of Assessee Or Authorized Representative: Patna High Court

Case Title: M/s Nav Nirman Construction vs The Union of India & Ors

LL Citation: 2024 LiveLaw (Pat) 4

The Patna High Court has observed that the appellate authority is not empowered to dismiss the appeal for non prosecution due to non-appearance of Assessee or authorized representative as appellate authority has a duty and obligation to take into consideration the merits of the matter, examine the grounds raised by the appellant even if the appellant or authorized representative presence is not recorded; and decide the issue on merits.

Indian Contract Act | Unless Contingency Is Fulfilled, Contingent Agreement To Sale Cannot Be Enforced: Patna High Court

Case Title: Urmila Devi Jain & Ors vs. Ashok Kumar & Ors

LL Citation: 2024 LiveLaw (Pat) 5

While rejecting an appeal that sought specific performance of a sale agreement, the Patna High Court has observed that a sale agreement with a contingency clause cannot be enforced unless that contingency is fulfilled.

Justice Khatim Reza observed, “Unless that contingency was fulfilled, the contract was not capable of enforcement as stated in Section 31 of the Indian Contract Act. The parties entering into an agreement to sale is clearly dependant on appropriate decisions being taken by the civil court in probate case (Title Suit No. 7 of 1990).”

'Happened 2 Yrs Ago, Departmental Inquiry Initiated': Patna HC Dismisses Plea For SIT Probe Into Unauthorised Appointment By SHO, Imposes 10K Costs

Case Title: Manoj Kumar Mishra vs. The State of Bihar and Ors

LL Citation: 2024 LiveLaw (Pat) 6

The Patna High Court imposed a Cost of Rs.10,000/- on a man while dismissing a Public Interest Litigation (PIL) filed by him challenging the appointment of the Private Respondent who was allowed to work in a police station by the SHO of the said police station without any appointment order.

A division bench of Chief Justice K. Vinod Chandran and Justice Rajiv Roy observed, “We find the Public Interest Litigation to be a clear abuse of process of Court. The petitioner is aware of the case registered against the 8th respondent: and since the 8th respondent is also arrested on the next day, the petitioner knows that the 8th respondent is no longer employed in the police station. There are allegations made against the S.P. and Sergeant Major without impleading them in their personal capacity. This is all the more relevant since the alleged incident occurred two years back.”

'No Reason To Interfere With The Levy Of Tax On The Sale Of 'Korai'': Patna High Court

Case Title: M/s Raj Kumar Sao Kishori Lal Sao vs The State Of Bihar & Ors

LL Citation: 2024 LiveLaw (Pat) 7

In a recent ruling, the Patna High Court has upheld the imposition of tax on the sale of 'Korai,' a processed by-product used as cattle feed.

The decision came in response to two appeals by M/s Raj Kumar Sao Kishori Lal Sao, a partnership engaged in the purchase, processing, and sale of food-grains, pulses, and related by-products.

The court's observation emphasized that there was no evidence to demonstrate that 'Korai' was sold as cattle feed. The processed nature of 'Korai' rendered it taxable as an unspecified residuary item at the rate of 8%, as it was not equivalent to Wheat Bran. The Appellate Authority had initially taxed it at 4%, a decision not challenged by the State.

Dispute Can't Be Referred To Arbitration In Absence Of An Arbitration Agreement Under Article 226 Of Constitution: Patna High Court

Case Title: State of Bihar v. Bihar Rajya Vikas Bank Samiti 

LL Citation: 2024 LiveLaw (Pat) 8

The High Court of Patna has held that no dispute can be referred to arbitration by a Court exercising powers under Article 226 of the Indian Constitution when there is no agreement between the parties.

Delay In Issuing Advertisement Doesn't Create Right To Seek Age Limit Relaxation In District Judge Recruitment: Patna HC Dismisses Lawyer's Plea

Case Title: Shahjahan v High Court of Judicature at Patna

LL Citation: 2024 LiveLaw (Pat) 9

While dismissing a writ petition filed by a lawyer seeking upper age limit relaxation in the 2023 examination for the appointment of District Judge, the Patna High Court reiterated that the mere delay in the issuance of the recruitment advertisement does not automatically confer any right or legitimate expectation for an individual to seek relaxation in the prescribed upper age limit for the preliminary examination.

The lawyer, Shahjahan had sought for issuance of a direction for quashing paragraph no. 3 of the Advertisement No. BSJS/1/2023 dated 11.12.2023 published for appointment to the post of District Judge (Entry Level) to the extent to which the cutoff date for determination of maximum age limit was fixed at 01.01.2023.

Minor Girl Fearing Life In Parents' Custody Can Be Sent To Shelter Home Till Adulthood; 'Husband' Lacks Right To Claim Her Custody: Patna HC

Case Title: Nitish Kumar vs. State of Bihar and others

LL Citation: 2024 LiveLaw (Pat) 10

The Patna High Court has observed that when a girl is not a major and expresses fear of life in the custody of her parents, the Court may exercise the jurisdiction to send her to an appropriate home meant to give shelter to women till she becomes a major.

Gaya's Vishnupad Temple Is A Public Trust, Not Private Property Of Gayawal Brahmins: Patna High Court

Case title - Sri Vishnupad Bhagwan through his next friend Sri Kanhaiya Lal Gurda and others vs. The Bihar State Board of Religious Trust and others

LL Citation: 2024 LiveLaw (Pat) 11

The Patna High Court has held that the Vishnupad temple, the centre for Hindus' Shraddha rites in the state's Gaya district, is a religious public trust and not a private property of the Gayawals Brahmins (the traditional priests of the temple).

Patna HC Quashes FIR Against Professor Falsely Accused Of Failing To Join Exam Evaluation Centre, Imposes 25K Cost On State Board For 'Harassment'

Case Title: Amit Kumar vs The State of Bihar and Ors

LL Citation: 2024 LiveLaw (Pat) 12

The Patna High Court has quashed an FIR against a teacher who was falsely accused by the Bihar School Examination Board (BSEB) for allegedly not joining the allotted evaluation center for the evaluation of answer booklets for the Intermediate 2019 Annual (Philosophical) Examination

Furthermore, the court has imposed costs on the BSEB for its involvement in the unfounded allegations.

Order Holding Regularisation Of Service Illegal 5 Yrs After Retirement Was Unjustified: Patna HC Provides Relief To Padmabhushan Singer Sharda Sinha

Case Title: Dr. Uday Chandra Mishra vs. The State of Bihar

LL Citation: 2024 LiveLaw (Pat) 13

Patna High Court last week granted relief to the 71-year-old, Indian folk and classical singer, Padmabhushan Sharda Sinha while setting aside the government order on the basis of which the payment for pension and other retrial benefits of the singer was stopped by her employer, Lalit Narayan Mithila University (LNMU), Darbhanga.

Justice Harish Kumar while allowing two writ petitions filed by Sinha and another LNMU professor, Dr. Uday Kant Mishra, observed, “If an employee has been accorded all the benefits of a regular employee, viz, regular salary in the prescribed pay- scale, increment, promotion leading to regularization and unconditional superannuation with all the retiral benefits, he is obviously a regular holder of the post.”

Patna High Court Imposes Fine Of Rs. 5,000 On GST Officer For 'Forcible And Illegal Recovery' Amid Non-Functional GST Tribunal

Case Title: National Insurance Co. Lt vs The State of Bihar and Ors

LL Citation: 2024 LiveLaw (Pat) 14

In a recent ruling, the Patna High Court slapped a fine of Rs 5,000 on a Goods and Services Tax ( GST ) officer for forcible and illegal recovery of the full tax amount from a man waiting to avail the statutory remedy of appeal before GST tribunal which has not been made functional in Bihar.

The court has directed the department to reimburse the entire collected tax within 2 weeks. The ruling was issued by a division bench led by Chief Justice K Vinod Chandran and Justice Rajiv Roy, granting relief to the National Insurance Company's Patna regional office.

Patna High Court Refuses To Quash FIR Against IPS Amit Lodha In Disproportionate Asset Case, Directs State To Conclude Investigation In 6 Months

Case Title: Amit Lodha vs The State Of Bihar

LL Citation: 2024 LiveLaw (Pat) 15

While rejecting Bihar Cadre Indian Police Service (IPS) officer Amit Lodha's plea to quash the first information report (FIR) related to a Disproportionate Asset (DA) case lodged against him by the Special Vigilance Unit (SVU), the Patna High Court has directed the SVU to take the investigation of this case to its logical end within six months

Lodha, a 1998 batch IPS officer, currently posted as the Inspector General, State Crime Records Bureau, Bihar, Patna, had in December, 2022 filed a criminal writ petition before the court to quash the FIR lodged against him on December 7, 2022.

Chain Of Circumstances Must Unerringly Point Towards Guilt Of Accused: Patna High Court Sets Aside Rape And Murder Conviction

Case Title: Munna Ansari Vs The State Of Bihar Bihar

LL Citation: 2024 LiveLaw (Pat) 16

The Patna High Court has overturned a judgment of conviction and order of sentence under the Protection of Children from Sexual Offences Act (POCSO), while stressing the importance of establishing a clear and unerring chain of circumstances pointing unequivocally to the guilt of the accused.

The division bench of Justices Alok Kumar Pandey and Ashutosh Kumar underscored, "We can test the material of present case on the circumstantial evidence as there is no eye witness account of the present case but each circumstance (which may be relevant facts or fact in issue) should be proved beyond reasonable doubt and the proved circumstance must form complete chain. The chain of circumstances must unerringly point towards the guilty of the accused i.e. it should be only reasonable probability of causation of offence."

Patna High Court Dismisses PIL Filed By Science Teacher Seeking Exemption From LLB Classes Due To Employment

Case Title: Manoj Kumar vs. The Chancellor of University of Bihar And Ors

LL Citation: 2024 LiveLaw (Pat) 17

The Patna High Court has dismissed a Public Interest Litigation (PIL) filed by a Science Teacher at Jawahar Navodaya Vidyalaya (District Garhwa, State of Jharkhand) who sought exemption from attending LLB classes on the grounds that the petitioner was employed by the educational institution.

The division bench headed by Chief Justice K. Vinod Chandran deemed the representation as "misguided" and stated that there was no public interest in the exemption sought or the prayers made under the Right to Information (RTI) Act.

Exercising Discretionary Power To Grant "Benefit Of Doubt" Not Required When Evidence Silent In Respect Of Role Of Accused: Patna High Court

Case Title: Sushil Kumar Choudhary vs. The State of Bihar And Ors

LL Citation: 2024 LiveLaw (Pat) 18

The Patna High Court has ruled that the discretionary power to grant the benefit of doubt is not applicable when there is a complete absence of evidence regarding the involvement of the accused individuals.

Justice Bibek Chaudhuri observed, “The question of giving benefit of doubt by the Trial Court arises when from the evidence on record, it appears that two views – one in support of the prosecution and other in support of the defence are found, the Court should accept the view that is in favour of the accused.”

Patna High Court Dismisses Writ Petition Challenging GST Registration Cancellation Due to Procedural Lapses

Case Title: Ramesh Radav vs The Union of India and Ors

LL Citation: 2024 LiveLaw (Pat) 19

In a recent judgment, the Patna High Court dismissed a writ petition challenging the cancellation of GST registration by the Union of India.

The petitioner, Ramesh Radav, was aggrieved with the cancellation of registration by an order passed on 20.01.2021.

It was contended by the petitioner's counsel that the show-cause notice for cancellation of registration dated 06.01.2021 directed appearance on 04.01.2021 and the order of cancellation of registration was passed on 20.01.2021.

The Court noted that there was an appellate remedy which the petitioner availed with gross delay.

'Aimed To Ensure Education Is Not Commercialized': Patna High Court Upholds Law Regulating Private School Fees

Case Title: Association of Independent Schools Bihar & Anr vs. The State of Bihar & Ors

LL Citation: 2024 LiveLaw (Pat) 20

In a landmark verdict, the Patna High Court has affirmed the constitutionality of Bihar's Private Schools (Fee Regulation) Act, 2019, dismissing the writ application filed by the Association of Independent Schools Bihar.

While rejecting the writ application, the High Court stated that the government can regulate fees to prevent profiteering, and directed the state government to adopt the provisions of Rajasthan's Fees Regulation Act.

Notably, Fee Regulation Act, 2019, prohibits all private and unaided schools from increasing their fees above 7% of that collected in the previous academic year.

https://www-livelaw-in.demo.remotlog.com/high-court/patna-high-court/bihar-prohibition-and-excise-act-motorcycle-cannot-be-held-to-have-been-used-to-carry-the-illicit-liquor-if-merely-recovered-from-person-riding-it-patna-high-court-248479

Case Title: Binit Kumar vs The State of Bihar & Ors

LL Citation: 2024 LiveLaw (Pat) 21

The Patna High Court recently held that under the Bihar Prohibition and Excise Act, 2016, a motorcycle cannot be considered as having been 'used' to transport illicit liquor if it was found in the possession of the individuals riding it.

The division bench of Justices PB Bajantari and Jintendra Kumar observed, “Coming to the case at hand, no intoxicant or liquor was recovered from the motorcycle of the petitioner. Only 180 ML liquor was recovered from pant of the petitioner. In such situation, the motorcycle cannot be held to have been used to carry the illicit liquor which was recovered from the person of the petitioner. The word 'use' cannot be given liberal or expansive meaning. It has to be interpreted strictly as it has penal consequences.”

Court Cannot Direct Parties To Restore Conjugal Life While Granting Anticipatory Bail In Section 498A IPC Cases: Patna High Court

Case Title: Sanjay Kumar @ Sanjay Prasad v. The State of Bihar & Anr.

LL Citation: 2024 LiveLaw (Pat) 22

The Patna High Court has stated that anticipatory bail cannot be granted as a means to settle cases related to Section 498A of the Indian Penal Code, 1860 (IPC) by instructing the involved parties to reconcile and resume their marital relationship.

Justice Bibek Chaudhuri, presiding over the case observed, “Though, I am not unmindful to note that by way of judicial proceeding an offence under Section 498A of the I.P.C. can be compounded, but in the statute the offence has been made non-compoundable. The stage of compounding comes at the time of trial of the case or even at an earlier stage when both the parties approached the court that their dispute has been amicably settled.”

Differentiation Between Government Employees And Other Employees For Leave Encashment Exemption Not Violative Of Article 14: Patna High Court

Case Title: Purnendu Shekhar Sinha Versus The Union Of India

LL Citation: 2024 LiveLaw (Pat) 23

The Patna High Court has held that differentiation between government employees and other employees for leave encashment exemption is neither discriminatory nor violative of Article 14 of the Constitution of India.

Patna Not A Safe Place For Anybody To Reside: High Court Slams Police For Favouring Accused Landlord, Orders SIT Probe Into Assault On Junior Advocates

Case Title: Abhishek Kumar Srivastava vs The State of Bihar

LL Citation: 2024 LiveLaw (Pat) 24

The Patna High Court on Tuesday, in a scathing rebuke, condemned the Patna Police for allegedly favoring an accused landlord in a case involving the assault of junior Advocates while observing that Patna is not a safe city for anyone to reside in.

Presiding over the case, Justice Bibek Chaudhuri observed, “If, in the city of Patna, the Advocates are assaulted by some goons at about 10:00 P.M., this Court cannot accept the incident as an isolated incident, but prima facie holds that the city is not a safe place for any people to reside.”

Lady Staying In House Of Father's Friend Of Different Religion After Being Left By Husband Doesn't Amount To Adultery: Patna HC

Case Title - Rajesh Kumar vs State of Bihar and another

LL Citation: 2024 LiveLaw (Pat) 25

The Patna High Court has observed that the act of a woman seeking refuge in the home of her father's friend, who follows a different religion, after being left by her husband does not constitute adultery.

Deciding Appeal Based On Report By Authority Whose Decision Itself Is Under Challenge Amounts To Violation Of Natural Justice: Patna High Court

Case Title: Rita Devi v The State of Bihar & Anr.

LL Citation: 2024 LiveLaw (Pat) 26

The Patna High Court has directed a fresh inquiry in a case concerning the removal of an Anganwadi Sevika, observing that deciding an appeal based on a report from the authority whose decision itself is under challenge violates the principles of natural justice.

Justice Dr. Anshuman, presiding over the case observed, “Upon hearing the parties and going through the pleadings, it transpires to this Court that the original order has been passed by the District Programme Officer, Buxar which has been challenged before the District Magistrate, Buxar. The District Magistrate, Buxar prior to passing the final order has called for a report from the District Programme Officer, Buxar himself whose order is under challenge before the District Magistrate. The development of such type of situation in view of the Court has examined the decision as per the doctrine of bias as well as the doctrine of violation of natural justice.”

Pendency Of Criminal Case Not Bar To Initiate Departmental Proceedings Even If Contents Of Charge Memo And FIR Are Identical: Patna High Court

Case Title: Ashok Kumar Sharma v State of Bihar & Anr.

LL Citation: 2024 LiveLaw (Pat) 27

The Patna High Court, while disposing of a petition filed for staying the departmental proceeding initiated against the petitioner till completion of the criminal case, observed that the existence of a criminal case does not prevent the initiation of departmental proceedings, even if the allegations in the charge memo and FIR are identical.

Justice Dr. Anshuman observed, “But, today on the date of final hearing, this Court is of the firm view that action under criminal justice system and under service jurisprudence may run together as the description of allegation of the service jurisprudence has been described in the second column of the charge memo on the point of entry made in the third allegation in the charge memo is only related to criminal case. The official shall be at liberty to continue the departmental and criminal proceeding simultaneously, but shall only take care that findings of a criminal case and findings of service matters should be different and their standard of provings are also different.”

High Court Refuses To Entertain PIL Challenging Management Committee Nominations To Patna Sahib Citing Alternate Remedy

Case Title: The Sikh Collective vs The State of Bihar & Ors.

LL Citation: 2024 LiveLaw (Pat) 28

The Patna High Court, in its dismissal of a petition challenging the nomination made by the District Judge of Patna to the Prabandhak Committee overseeing Sri Takhat Harimandir Ji, Patna Saheb, emphasized that the petitioners, primarily concerned with the management of the religious site, did not represent a marginalized or downtrodden community warranting intervention through Article 226.

The division bench of Chief Justice K. Vinod Chandran and Justice Rajiv Roy observed, “The writ petition is filed as a public interest petition and we do not find any reason to entertain the same. The petitioners are concerned with the management of the religious place and it cannot be said that the community which has interest in the affairs of the institution and also the management of the same is either marginalized or downtrodden, requiring this Court to invoke the extraordinary discretionary remedy under Article 226 of the Constitution of India, bypassing the other remedies available.”

[O.6 R.1 CPC] Defendant Barred From Belatedly Amending Pleadings To Fill Up Lacunae When Confronted With Document Recorded In Evidence: Patna HC

Case Title: Shibjee Pd. Singh V Manju Devi & Ors.

LL Citation: 2024 LiveLaw (Pat) 29

The Patna High Court, in its deliberation on the proviso to Order VI Rule 1 of the Civil Procedure Code, has noted that if the defendants are confronted with a document which emerges during the presentation of their evidence, they will not be grated a right to amend their pleadings to rectify deficiencies in their case.

Justice Arun Kumar Jha presiding over the case observed, “If certain document has come during the evidence being recorded for the defendants and the defendants are confronted with the same, it does not give right to the defendants to amend their pleadings in order to fill up the lacunae in his case. Moreover, the amendment has been moved at quite belated stage and proviso to Order VI Rule 1 clearly bars such amendment after commencement of trial and when no due diligence has been shown.”

Calling Wife 'Bhoot', 'Pishach' Not Cruelty: Patna High Court Sets Aside Husband's Conviction U/S 498A IPC

Case Title - SG and another vs State of Bihar and another

Case Citation: 2024 LiveLaw (Pat) 30

The Patna High Court has observed that a husband calling his wife 'Bhoot' (ghost) or 'Pisach' (Vampire) itself does not constitute an act of cruelty.

A bench of Justice Bibek Chaudhuri added that in matrimonial relations, especially in failed matrimonial relations, there are incidents where both the husband and wife abuse each other by using filthy language, however, all such accusations do not come within the veil of “cruelty'.

Employees Appointed On Ad Hoc Basis, Not Entitled To Salary Attached To A Post, Unless Appointed In A Substantive Capacity: Patna High Court

Case Name: Ganesh Mahto vs The State of Bihar

Citation: 2024 LiveLaw (Pat) 31

A division bench of the Patna High Court comprising of Justice P. B. Bajanthri and Justice Arun Kumar Jha, while deciding Letters Patent Appeals in the case of Ganesh Mahto vs The State of Bihar, held that employees are not entitled to salary attached to the post for which they are appointed on Ad hoc basis, unless and until they were occupying the post in a substantive capacity.

Husband Demanding Money From Wife's Parents For Maintenance Of His Newly Born Baby Not 'Dowry': Patna High Court

Case title - Naresh Pandit vs. The State Of Bihar and another

Case citation: 2024 LiveLaw (Pat) 32

The Patna High Court has observed that if the husband demands money from the paternal home of the wife for rearing and maintenance of his newly born child, such demand does not come within the fold of the definition of 'dowry' as per Section 2 (i) of the Dowry Prohibition Act, 1961.

A bench of Justice Bibek Chaudhuri observed thus while allowing a revision plea filed by a husband challenging his conviction under Section 498A IPC [Husband or relative of husband of a woman subjecting her to cruelty] and Section 4 of the Dowry Prohibition Act 1961 (Penalty for demanding dowry).

Patna HC Orders 2 Judicial Officers To Pay ₹200 As 'Token' Compensation To Man For Subjecting Him To Unjustifiable Trial U/S 498A IPC

Case title – Sunil Pandit vs. State of Bihar

Citation: 2024 LiveLaw (Pat) 33

In a one-of-a-kind order, the Patna High Court has directed two judicial officers of the state to pay compensation of ₹100 each to a man subjected to an unjustifiable trial under Section 498A of the Indian Penal Code (IPC).

The case in question revolved around allegations of harassment and cruelty against the man (revisionist) even though he was not a relative of the husband of the complainant-woman, which is the primary requirement under Section 498A of the IPC.

No Recovery Can Be Made When Pay Is Wrongly Fixed Without Any Misrepresentation By Employee: Patna High Court

Case Name- Bikrama Singh & Anr Vs. State of Bihar & Ors

LL Citation: 2024 LiveLaw (Pat) 36

A single judge bench of the Patna High Court comprising of Justice Rajesh Kumar Verma while deciding a Writ Petition in the case of Bikrama Singh & Anr Vs. State of Bihar & Ors has held when there is no misrepresentation or fraud leading to wrong pay fixation or pay, no recovery can be made from employees.

Seniority Considered From Date Of Absorption If Temporary Employee Absorbed Under Policy Containing Cutoff Date: Patna High Court

Case Name- Kuraisa Begum Vs. B. R. A. Bihar University & Ors

LL Citation: 2024 LiveLaw (Pat) 37

A single judge bench of the Patna High Court comprising of Justice Anil Kumar Sinha while deciding a Writ Petition in the case of Kuraisa Begum Vs. B. R. A. Bihar University & Ors has held when a temporary employee is absorbed under some policy containing a cut-off date, seniority is considered from the date of such absorption.

Contracting Second Marriage May Be Lawful For A Muslim Man But It Causes 'Enormous' Cruelty To First Wife: Patna HC

Case title - Md. Irshad Kuraishi vs. State of Bihar

LL Citation: 2024 LiveLaw (Pat) 38

The Patna High Court has observed that while it may be lawful for a Muslim male to contract a second marriage, however, it causes enormous cruelty to the first wife.

A bench of Justice Purnendu Singh further added that it is a matter of common knowledge that women, regardless of their religion and socio-economic conditions, detest their husbands contracting a second marriage.

These observations were made by the single judge while refusing anticipatory bail to one Irshad Kuraishi in connection with a complaint case registered for the offence punishable under Sections 323, 498A and 406/34 IPC and Sections 3 and 4 of the Dowry Prohibition Act.

PFI-Phulwari Sharif 'Conspiracy' | 'Prima Facie Case Made Out' : Patna HC Denies Anticipatory Bail To 6 Accused

Case title - MANZER PARWEZ vs Union of India

LL citation: 2024 LiveLaw (Pat) 39

The Patna High Court has denied anticipatory bail to six accused persons linked to the 'PFI-Phulwari Sharif Terror Module' case. The case concerns the alleged conspiracy to disturb Prime Minister Narendra Modi's July 2022 visit to Bihar.

Considering the materials/evidence collected by the investigating agency in the present case, a bench of Justice Vipul M Pancholi and Justice Ramesh Chand Malviya observed that a prima facie case had been made against the appellants.

BPSC Recruitment: Patna High Court Orders Parity In Grace Marks For Contract And Guest Teachers

Case Title: Sandeep Kumar Jha and Others v. State of Bihar through the Chief Secretary and Others

LL Citation: 2024 LiveLaw (Pat) 40

The Patna High Court, in a recent directive to the state government, rooted for parity in the treatment of 'contract teachers' and 'guest teachers' within the Bihar Public Service Commission's (BPSC) recruitment processes. This directive has resulted in the temporary suspension of BPSC's Teachers Recruitment Exam (TRE)-3.

In his ruling, Justice Anjani Kumar Sharan emphasised the similarity in the roles and responsibilities of both contract and guest teachers, stating that there is no discernible difference in their teaching duties.

For No-Confidence Motion To Be Successful Against Adhyaksh/Upadhyaksh Of Zila Parishad, Only Majority Of Members Present & Voting Is Required: Patna HC Full Bench

Case title: Sangeeta Devi & Ors. Vs. The State of Bihar through Additional Chief Secretary, Department of Panchayati Raj, Government of Bihar & Ors., (L.P.A No.125 of 2024)

Citation: 2024 LiveLaw (Pat) 41

A full bench of the Patna High Court comprising Chief Justice K. Vinod Chandran, Justice Ashutosh Kumar and Justice Harish Kumar held that for a motion of “no confidence” to be successful against an Adhyaksh or Upadhyaksh of Zila Parishad, the requirement is of the majority of the members present and voting and not majority of the total elected members.

The High Court was examining Section 70(4) of the Bihar Panchayati Raj Act, 2006 which requires a no-confidence motion against an Adhyaksh or Upadhyaksh to be passed by a majority of the total number of directly elected members of the Zila Parishad at a meeting specially convened for such purpose.

Compassionate Appointment Can't Be Quashed Merely Because It Was Made By An Incompetent Authority: Patna High Court

Case: Amrendra Kumar vs. The State of Bihar, Water Resources Department & Ors., Civil Writ Jurisdiction Case No.16803 of 2012

LL Citation: 2024 LiveLaw (Pat) 42

A single-judge bench of the Patna High Court comprising Justice Purnendu Singh has held that a compassionate appointment could not be quashed merely because the appointment was irregular.

The Court was hearing a civil writ petition filed by the petitioner against the decision of the Secretary/Respondent that rejected his claim for continuity of service from the period of initial appointment. Initially, the petitioner's appointment was made by the Chief Engineer/Respondent who was not a competent authority to appoint the Petitioner on compassionate grounds. Later, this appointment was cancelled and Petitioner was re-appointed by the Secretary. He was not paid a salary for the period of his initial appointment.

[Indian Succession Act] Question Of Title Over Property Can't Be Decided During Probate Proceedings, Requires Filing Of Separate Suit: Patna High Court

Case title: Makhan Prasad Singh Son of Late Shiv Chandra Singh vs. Mishrilal Singh & Ors., C.Misc. No.383 of 2017

LL Citation: 2024 LiveLaw (Pat) 43

The Patna High Court has held that the probate proceedings are not the appropriate stage to adjudicate on the title and interest of a testator under the Indian Succession Act, 1925 and that the determination over the question of title could be done only by filing a separate suit.

Justice Arun Kumar Jha was considering the case of the petitioner who challenged the order of the District Court, Vaishali in impleading one Jammun Singh (late father of the Respondents) as a party to the probate proceedings before the District Court. The petitioner claims to be the executor of the will of one Ramrati Devi, who is said to have received interest in the property from late Firangi Bhagat. The respondents claim Ramrati Devi did not possess any title over the said property.

[Order VI Rule 17 CPC] Amendment Of Pleadings Permissible After Commencement Of Trial If Necessary For Arriving At A Just Conclusion: Patna High Court

Case title: Kamal Kishore Prasad vs. Sri Lal Kumar Rai & Ors., C.Misc. No.657 of 2017

Citation: 2024 LiveLaw (Pat) 44

The Patna High Court has held that amendment of pleadings under Order VI Rule 17 of Code of Civil Procedure, 1908 (CPC) could be allowed even after the commencement of the trial, if the amendments sought are necessary for effective adjudication of controversy between the parties.

Justice Arun Kumar Jha was considering the case of the petitioner/plaintiff whose amendment petition was rejected by the Trial Court. The petitioner/plaintiff was claiming title over the suit land in possession of the respondents/defendants. The petitioner sought to amend the total area of land sold to him and the total number of purchasers. The respondents contended that the amendment would change the nature of the suit.

https://www-livelaw-in.demo.remotlog.com/high-court/patna-high-court/no-exceptional-circumstance-in-bihar-to-breach-50-reservation-limit-quota-merely-based-on-population-proportion-impermissible-260979

Case title: Gaurav Kumar & Ors., vs. The State of Bihar, CWJC-16760/2023

LL Citation: 2024 LiveLaw (Pat) 45

The Patna High Court has struck down the Bihar Reservation of Vacancies in Posts and Services (for Scheduled Caste, Scheduled Tribes and Other Backward Classes) Amendment Act, 2023 and the Bihar Reservation (in Admission to Educational Institutions) Amendment Act, 2023 passed by the Bihar Legislature on 09.11.2023 for being unconstitutional and in violation of Articles 14, 15 and 16 of the Constitution of India.

The amendments had enhanced the reservations for the Scheduled Castes (SC), Scheduled Tribes (ST), Extremely Backward Class (EBC) and Backward Class (BC) to 65% from the existing 50%.

[Bihar Prohibition And Excise Act] Breath Analyzer Report Not Conclusive For Proving Alcohol Consumption: Patna High Court

Case title: Manju Devi W/o Late Prabhakar Kumar Singh vs. State of Bihar & Ors., CWJC No.2590 of 2022

Citation: 2024 LiveLaw (Pat) 46

The Patna High Court has held that a breath analyzer report is not conclusive proof to determine whether a person has consumed alcohol or not.

The original petitioner (deceased) was working as a Sub-Divisional Officer (SDO) at Nirmali Police Station. A departmental proceeding was initiated against him for consumption of alcohol in violation of the Bihar Prohibition and Excise Act, 2016.

Dependant Of Missing Employee Can Seek Compassionate Appointment After Lapse Of Seven Years: Patna High Court

Case title: Prabhat Kumar Son of Late Ram Pukar Choudhary, CWJC No.8488 of 2018

LL Citation: 2024 LiveLaw (Pat) 47

The Patna High Court observed that for claims of compassionate appointment involving a missing person, the presumption of death shall arise after 7 years from the date of disappearance in accordance Section 108 of the Indian Evidence Act, 1872. Only after the lapse of 7 years, the authorities must start counting the time period for the application of compassionate appointment.

Justice Dr. Anshuman was hearing an appeal of the petitioner whose claim for compassionate appointment was rejected for being time-barred.

[Bihar Pension Rules] Employer Cannot Withhold Retirement Benefits If There Is No Pending Departmental Proceedings: Patna High Court

Case title: Jai Jai Ram Roy vs. The State of Bihar & Ors., CWJC No.16108 of 2023

Citation: 2024 LiveLaw (Pat) 48

The Patna High Court observed withholding of pension and other benefits of a retired employee was unlawful in absence of any pending departmental proceedings against the retired employee under the Bihar Pension Rules, 1950.

Justice Nani Tagia was considering the case of the Petitioner who retired in 2020 from the post of Programme Officer, Education Department. The petitioner received 90% of gratuity and only received 90% of the pension. Respondents withheld the remaining retirement benefits i.e., 10% gratuity and pension.

Doubtful That A Victim Who Suffered 100% Burn Injuries Could Make A Dying Declaration: Patna High Court

Case title: Mahesh Pandit & Anr. vs. The State of Bihar, CR. APP (DB) No.1242 of 2016

Citation: 2024 LiveLaw (Pat) 49

The Patna High Court observed that a victim/deceased who caught fire and suffered 100 percent burn injuries would not have been in a position to give any statements implicating the accused, thereby casting doubts on the correctness of claim in the dying declaration.

The division bench of Justice Ashutosh Kumar and Justice Jitendra Kumar was considering a criminal appeal against conviction under Sections 498A and 302 of IPC.

[S.92 Evidence Act] Oral Evidence Admissible To Prove Contents Of Document Amid Claims Of Misdescription Of Plot Number In Sale Deed: Patna HC

Case title: Radhe Yadav vs. Prabhas Yadav, C.Misc. No.1076 of 2017

LL Citation: 2024 LiveLaw (Pat) 50

The Patna High Court held that oral evidence could be admissible to prove the contents of a document under Section 92 of the Indian Evidence Act if there is a claim about the misdescription of plot number in a sale deed.

Justice Arun Kumar Jha was considering the petitioner's case against the order of Munsif Court, which did not permit the petitioner/plaintiff to cross-examine the respondent/defendant on the point of boundary contained in the sale deed.

[POCSO Act] Secondary Evidence For Age Determination Of Victim Stands Legally Proven If Not Challenged By Defence During Trial: Patna HC

Case title: Satyabrat Ashok @ Satya Vrat Ashok vs. The State of Bihar, CR. APP (DB) No.914 of 2022

LL Citation: 2024 LiveLaw (Pat) 51

The Patna High Court has observed that the accused/defence forfeits the right to contest the admissibility of secondary evidence produced by the prosecution for age determination of the victim under the POCSO Act if the defence did not object to the production of such evidence during the trial. Further, the Court emphasised that the consent of the victim is immaterial under the Act and does not excuse the offence committed by the accused.

The division bench of Justice Ashutosh Kumar and Justice Jitendra Kumar were considering the appeal against the conviction of the appellant under Section 376 IPC and Section 4(1) POCSO Act by the Special Court for penetrative sexual assault.

No Parent In Our Society Can Damage Reputation Of Their Daughter Regarding Her Chastity: Patna High Court Upholds Rape Conviction

Case title: Deo Narayan Yadav @ Bhulla Yadav vs. The State of Bihar, CR. APP (DB) No.871 of 2017

LL Citation: 2024 LiveLaw (Pat) 52

The Patna High Court while deciding on a criminal appeal against the conviction of appellant under Section 3 POCSO Act for penetrative sexual assault and under Section 376 IPC for rape, observed, “No parent of any girl in our society can damage reputation of his/her daughter regarding her chastity. It has been seen in our society that even in case of commission of sexual assault, victims and their parents are hesitant/reluctant to go public to file a criminal case, because after such incident, life of the girl is almost spoiled.”

Disciplinary Authority's Order Relying On Report Of Inquiry Officer Not Supported By Evidence Is Unsustainable: Patna High Court

Case title: Umesh Kumar Sinha vs. The State of Bihar & Ors. (CWJC No.6902 of 2022)

LL Citation: 2024 LiveLaw (Pat) 53

The Patna High Court has held that the report of an Inquiry Officer per se cannot be treated as evidence by the Disciplinary Authority in a disciplinary proceeding when the officer did not properly examine any evidence.

Justice Bibek Chaudhuri further stated the order of the Disciplinary Authority based on such evidence violates the principles of natural justice.

Termination From Service Based Solely On Implication In Criminal Case Without Affording Opportunity Of Hearing Unmerited: Patna High Court

Case title: Shubhadra Kumari @ Subhadra Devi vs. The State of Bihar & Ors. (L.P.A No.828 of 2019)

LL Citation: 2024 LiveLaw (Pat) 54

The Patna High Court has observed that termination of services of a worker by concerned authority merely on the ground of implication in a criminal case, without affording the worker an opportunity of hearing, is unjustified.

The division bench of Justice P. B. Bajanthri and Justice Alok Kumar Pandey were considering an appeal against the order of the single bench that dismissed the appellant's petition. The District Programme Officer (DPO)/respondent, Nalanda had terminated the appellant from post of Aganbari Sevik on 26.02.2014 on the ground that she was implicated in a criminal case and was continuously absent from her service.

Patna HC Upholds Ram Bali Singh's Disqualification From Bihar Legislative Council For Statements Against State's Policies While Being In Govt

Case title: Prof. (Dr.) Ram Bali Singh vs. The Bihar Legislative Council (CWJC No. 3501 of 2024)

Citation: 2024 LiveLaw (Pat) 55

The Patna High Court upheld the disqualification of the petitioner, Ram Bali Singh, as a member of the Bihar Legislative Council.

The petitioner was disqualified by an order passed by the Chairman of the Bihar Legislative Council. The complaint against the petitioner was for making public statements against the State Government's policies that were approved by the Legislature, while the petitioner's party was part of the Government at that time.

[S. 53A CrPC] Failure To Medically Examine Rape Accused Immediately After Arrest Raises Doubts On Manner Of Investigation: Patna High Court

Case Title: Ajeet Kumar vs. The State of Bihar & Anr. (CR. APP (DB) No.945 of 2023)

Citation: 2024 LiveLaw (Pat) 56

The Patna High Court has held that the failure of the investigating officer to have a rape accused medically examined by a doctor as per Section 53A CrPC, immediately after the arrest, casts a serious doubt on the investigation and the prosecution's case.

The division bench of Justice Ashutosh Kumar and Justice Jitendra Kumar was considering an appeal against the appellant's conviction under Section 3 of POCSO Act for penetrative sexual assault and Section 376 of IPC for rape by the Special Trial Court. The First Information Report (FIR) was lodged on 13.04.2022 and the appellant was arrested on the same day.

Patna High Court Dismisses Plea Challenging Election Of JDU MLA Dilip Ray

Case title: Syed Abu Dojana vs. Dilip Ray & Ors. (E.P. No.20 of 2020)

Citation: 2024 LiveLaw (Pat) 57

The Patna High Court has rejected the petition of Syed Abu Dojana challenging the election of JDU's Dilip Ray as a Member of Bihar Legislative Assembly.

The assembly elections from Sursand constituency were held on November 07, 2020.

Syed Abu Dojana (election petitioner) had contested the said election from Rashtriya Janda Dal (RJD) party and was the runner-up in the election. He challenged Dilip Ray's (respondent no.1) election under Sections 80, 80-A, 81 and 100 of the Representation of the People's Act, 1951 (RPA).

Patna HC Declines To Recognise Handball Association Of Bihar As Official Body, Directs Probe Into Allegations Of Misuse Of Funds By State Sports Authority

Case Title: Sanjeev Kumar & Ors. Versus The State of Bihar & Ors., Civil Writ Jurisdiction Case No.2371 of 2024

Citation: 2024 LiveLaw (Pat) 58

The Patna High Court has disapproved the recognition granted to the Handball Association of Bihar by the Bihar Government. The court instead approved the recognition of the Bihar Handball Association as the only recognized body in connection with handball sport in the State of Bihar registered under the Bihar Sports Act, 2013 ("2013 Act").

The Court directed the Bihar Government to enquire into the allegations of misuse of funds by the Bihar State Sports Authority in extending large amounts of financial aid to the unregistered Handball Association of Bihar in violation of the 2013 Act.

Improper To Look At Specific Questions: Patna HC Declines Candidates' Plea To Appear In District Judge Recruitment Mains Exams Due To Wrong Prelims Questions

Case Details: Krishna Kumar Singh and Ors. versus The High Court of Judicature at Patna through its Registrar General and Ors., Civil Writ Jurisdiction Case No. 9746 of 2024

LL Citation: 2024 LiveLaw (Pat) 59

The Patna High Court on Friday (July 12) denied relief to the candidates who appeared in the Bihar District Judges (Entry Level) Recruitment Exam wherein the Court's indulgence was sought by the candidates in directing the Selection authority to consider their candidature for the mains examination due to erroneous questions.

The candidates approached the High Court against the erroneous questions that appeared in the Preliminary Exam due to which they were not able to qualify Preliminary exam to qualify for the mains examination. The petitioners disputed the answer key of several questions and wanted re-evaluation based on the correct answers.

POCSO Act | No Presumption Of Guilt Against Accused If Prosecution Fails To Prove 'Foundation Facts' Beyond Reasonable Doubt: Patna High Court

Case Title: Manjit Ram @ Manjit Kumar Versus The State of Bihar & Anr.

Citation: 2024 LiveLaw (Pat) 60

While deciding a POCSO case, the Patna High Court on Tuesday (July 23) reiterated that the prosecution would not be absolved from proving the guilt of the accused beyond reasonable doubt despite the presumption of committing an offence operating against the accused under Section 29 of POCSO Act.

The Court said that irrespective of the fact that there exists a presumption against the accused, the prosecution would still be required to prove the foundational facts regarding the allegation of sexual assault against the appellant beyond reasonable doubt.

"Discriminatory": Patna HC Sets Aside State's Move Fixing One Increment Per Year For Judicial Officers While Allowing Two Increments For Other Govt Employees

Case Title: Ajit Kumar Singh Versus The State of Bihar & Ors., Civil Writ Jurisdiction Case No.960 of 2024

LL Citation 2024 LiveLaw (Pat) 61

The Patna High Court on Wednesday (July 24) set aside a notification by the Bihar Government which allegedly discriminated amongst State Government employees and Judicial Officers concerning the date of grant of increment after promotion/appointment/financial degradation. By way of the notification, the government had stated that judicial officers in Bihar would be entitled to receive increments of salary only once in a year.

The Court, however, said that Judicial Officers of the State would be entitled to receive the increment on two dates in a year instead of one, like other government employees in the state.

O.41 R.27 CPC | Appellate Court Cannot Dispose Of Application For Production Of Additional Evidence Before Final Hearing: Patna High Court

Case Title: Mossamat Chintamani Devi & Ors Versus Lalan Chaubey & Anr., CIVIL MISCELLANEOUS JURISDICTION No.35 of 2022

LL Citation: 2024 LiveLaw (Pat) 62

The Patna High Court on Thursday (July 25) observed that it is impermissible for the First Appellate Court to dispose of the application under Order 41 Rule 27 of CPC for the production of additional evidence at the appellate stage during the pre-hearing stage.

The Court said that the plea for the production of additional evidence at an appellate stage should be disposed of at the final hearing stage, not at the pre-hearing stage.

Vitiated Enquiry ; Patna High Court Allows Writ Petition By Employee, Orders To Grant All Benefits Due.

Case Title: Smt. Pratima Kumari vs The State Of Bihar and Ors

LL Citation: 2024 LiveLaw (Pat) 63

A single judge bench of the Patna High Court comprising of Justice Anil Kumar Sinha, while deciding a writ application held that departmental proceedings for an order of dismissal from service can only be initiated with the approval of the state government.

[S.74 Evidence Act] Certified Copy Of Registered Sale Deed Is A Public Document, Can Be Produced As Secondary Evidence: Patna High Court

Case Title: Ram Briksha Singh & Ors. Versus Ramashray Singh & Ors

Citation: 2024 LiveLaw (Pat) 64

The Patna High Court observed that the certified copy of the registered sale deed kept as a public record in the Registrar's office would be considered a public document and could be produced as secondary evidence under Section 74 of the Evidence Act, 1872.

“A certified copy of a registered document is a certified copy of public document. The basis for saying so lies in the fact that when a sale deed is registered before the Registering Authority, necessary entries are maintained in the book kept at the Registration Office and, thus, it is a record 'kept in a state of private documents' and, therefore, a public document.”, the High Court said.

Patna High Court Directs ₹4 Lakh Compensation For Kins Of Deceased Who Died After Falling From Running Train

Case Details: Sharwan Kumar Yadav & Ors. Versus Union Of India, Miscellaneous Appeal No.150 of 2014

Citation: 2024 LiveLaw (Pat) 65

The Patna High Court has directed the Railways to award compensation amounting to Rs. 4,00,000/- to the kins of the deceased who died after falling from a running train.

Upon placing reliance on the Supreme Court's case of Union of India v. Rina Devi (2019), the bench comprising Justice Sunil Datta Mishra said that once the dependents of the deceased discharged the initial burden of proof through affidavits then the burden will shift on the Railways to disprove the case of the dependent.

Decision Of Single Bench Deciding Challenge To Industrial Tribunal's Order Is Appealable Before Division Bench: Patna High Court

Case Title: Sri Uma Shankar Ram Versus The Bank of India & Ors., CIVIL REVIEW No.16 of 2020

Citation: 2024 LiveLaw (Pat) 66

Recently, the Patna High Court held that the Letters Patent Appeal (LPA) against the Single Judge's decision deciding the challenge to award rendered under Section 17-B of the Industrial Disputes Act (“ID Act”) would be maintainable.

The Court said that as per Clause 10 of the Letter Patent of Patna, there is no bar to the maintainability of the LPA against the decision of the Single Bench rendered against the challenge to award passed under Section 17-B of the ID Act.

Probation Of Offenders Act | Before Granting Release, Courts Must Decide On Compensation To Be Paid To Victim By Accused: Patna High Court

Case Title: Om Prakash Giri Versus The State of Bihar & Ors., CRIMINAL APPEAL (SJ) No.2813 of 2022

Citation: 2024 LiveLaw (Pat) 67

The Patna High Court on Monday (August 5) refused to interfere with the decision of the trial court acquitting an accused and releasing them under the Probations of Offenders Act, 1958 (“1959 Act”) after finding that the decision of the trial court didn't suffer from illegality and was based on proper appreciation of law and evidence on record.

The Court said that before granting the benefit of early release of the convict under the 1958 Act it would be incumbent upon the trial court to take note of Section 5 of the 1958 Act to decide the quantum of compensation to be received by the victim from the convict.

Courts Or Tribunals Referring Disputes To Lok Adalat Barred From Entertaining Appeals Against Awards Passed In Such Cases: Patna High Court

Case Title: Sri Praveen Anand Versus The Asst. General Manager State Bank of India & Anr

Citation: 2024 LiveLaw (SC) 68

The Patna High Court on Tuesday (Aug. 6) held that it would be impermissible for the courts/tribunals referring a matter for settlement to Lok Adalats to examine the correctness of the award passed by the Lok Adalat.

The court said that the referral courts/tribunals would also be barred from entertaining the challenge to the award passed in the Lok Adalat on the grounds of fraud and misrepresentation and clarified that a proper challenge to the award passed in the Lok Adalat could only be made to the High Court in a petition under Article 226 of the Constitution.

Bihar Industrial Incentive Policy | Except VAT Amount Assessee Couldn't Claim Other Incentives By Way Of Reimbursement Of Entry Tax Amount: Patna HC

Case Details: The Secretary-cum- Commissioner of Commercial Taxes Government of Bihar & Anr. Versus M/S Gangotri Iron and Steel Co. Ltd. & Anr.

Citation: 2024 LiveLaw (Pat) 69

While interpreting the Bihar Industrial Incentive Policy, 2006 (“Policy”), the Patna High Court on Tuesday (Aug. 6) observed that an assessee who paid Entry Tax (“ET”) while importing the goods in the state can claim 80% reimbursement only the Value Added Tax (“VAT”) ought to be paid by the assessee.

Setting aside the order of the Single Bench, the bench comprising Chief Justice K. Vinod Chandran and Justice Partha Sarthy observed that the assessee could not claim an incentive by way of reimbursement of 80% of the Entry Tax (ET) and Central Sales Tax (CST) together with the Value Added Tax (VAT).

Patna High Court Directs Reinstatement Of CRPF Personnel Dismissed From Service For Absence Due To Taking Care Of Mother Diagnosed With Cancer

Case Details: Sumit Kumar @ Sumit Kumar Tiwary Versus The Union of India & Ors., Letters Patent Appeal No.617 of 2019

LL Citation: 2024 LiveLaw (Pat) 70

The Patna High Court on Tuesday directed the reinstatement of a CRPF personnel who was dismissed from the service on account of being absent from duty for 196 days to take care of his mother, who was suffering from cancer.

“In the present case, the appellant is found to be absent from duty and he gave explanation that his mother was diagnosed with Cancer and he had applied leave for treatment of his mother and it was beyond his control. Keeping in view all the facts and circumstances of the case, we are very much conscious of the fact that absence of the appellant from duty cannot be equated with the person who is said to be unauthorized absence from his duty. On the said score, dismissal of appellant from service is totally disproportionate to the conduct committed by the appellant.”, the court said.

AO Not Empowered To Summarily Reject Section 197 Application: Patna High Court

Case Title: Infrastructure Development Authority Versus The Assistant Commissioner of Income Tax

LL Citation: 2024 LiveLaw (Pat) 71

The Patna High Court has held that a demand pending against the assessee would not clothe the Assessing Officer with the power to summarily reject an application under Section 197 of the Income Tax Act.

The bench of Chief Justice K. Vinod Chandran and Justice Partha Sarthy has observed that Section 197 only clothes the Assessing Officer with the power to satisfy himself that the total income of the recipient justifies the deduction of Income Tax at any lower rates or at a NIL rate.

'No Sufficient Cause Was Shown Before Passing Detention Order': Patna High Court Orders Release Of Detenue Arrested Under PITNDPS Act

Case Details: Deepak Dhanuk Versus The Union of India, Criminal Writ Jurisdiction Case No.650 of 2024

LL Citation: 2024 LiveLaw (Pat) 72

The Patna High Court on Wednesday (August 14) ordered the release of a detenue who was detained pursuant to the order passed by the Joint Secretary, Government of India, under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (“PITNDPS”).

The release was ordered because the opinion of the advisory board recommending the detention of the detenue was unclear and unreasonable as no “sufficient cause” for detention was shown in the detention order as required under Section 9(c) of PITNDPS.

Patna High Court Acquits Ex-RJD MLA Anant Kumar Singh Booked In Arms Act Case For Alleged Possession Of Rifles, Magazines

Case Title: Anant Kumar Singh @ Anant Singh Versus The State of Bihar

LL Citation: 2024 LiveLaw (Pat) 73

The Patna High Court on Wednesday (August 14) acquitted the former RJD MLA Anant Kumar Singh in a high-profile Arms Act case after finding that the prosecution was not able to establish the guilt of Singh beyond reasonable doubt.

Initially, Singh was booked for the offences under the Arms Act, 1959 after the Patna Police recovered an AK-47 assault rifle, and other unlicensed items from his ancestral house and an INSAS rifle and a magazine from his residence on Mall Road in Patna.

Patna High Court Terms Excess Appointments Of Chowkidar Adjusted To Reserved Category As 'Illegal'

Case Title: Vindeshwar Paswan & Ors. Versus State of Bihar & Ors., Civil Writ Jurisdiction Case No. 14323 of 2022 (and other connected cases)

Citation: 2024 LiveLaw (Pat) 74

Recently, the Patna High Court termed the appointments of Chowkidars by the East Champaran District Administration in violation of the Rules of the Roster of Reservation, as illegal.

The Court said that no appointment could be made without following the reservation roster, and making appointments over the roster would be impermissible.

Liquidator Never Informed Of Reassessment Proceedings, Patna High Court Quashes Order

Case Title: M/s Isolux Corsan India Engineering and Construction Private Limited Versus State of Bihar

LL Citation: 2024 LiveLaw (Pat) 75

The Patna High Court has quashed the order as the liquidator was not informed of the reassessment proceedings.

The bench of Chief Justice K. Vinod Chandran and Justice Partha Sarthy has observed that the liquidator should be noticed and participate in the reassessment proceedings. The notices were all issued to the email of the assessee after the liquidator was appointed, which makes it clear that the liquidator was never informed of the reassessment proceedings.

'Dismissal From Service Not Based On Evidence': Patna High Court Reinstates Police Constable Dismissed For Celebrating Birthday With Lady Constable

Case Title: The State of Bihar & Ors. Versus Vikash Kumar @ Vikas Kumar, Letters Patent Appeal No.446 of 2024

LL Citation: 2024 LiveLaw (Pat) 76

The Patna High Court on Wednesday (Aug. 21) upheld the reinstatement of the Police Constable who was dismissed from the service on account of allegation of celebrating a birthday party with a Probationer Lady Constable.

The Police Constable was dismissed for the alleged misconduct from the service by the enquiry officer without leading evidence. The dismissal was solely based on the hearsay evidence provided by the officers who conducted the preliminary enquiry.

S.133 CrPC | Proceedings For Removal Of Nuisance Cannot Be Initiated Unless Public At Large Is Affected: Patna High Court

Case Title: Smt. Shakuntala Devi & Ors. Versus The State Of Bihar & Ors.

LL Citation: 2024 LiveLaw (Pat) 77

Recently, the Patna High Court set aside the conditional order issued by the Sub-Divisional Magistrate (SDM) under Section 133 of Cr. P.C. to remove the obstruction/encroachment from the land in question.

The Court said that since the public at large was not affected by the obstruction, no proceedings can be initiated under Section 133 Cr. P.C. for the removal of the encroachment causing public nuisance.

'Prosecution Case Not Supported By Medical & Forensic Evidence': Patna HC Upholds Acquittal Of Accused Charged For Raping Minor

Case Title: Soni Kumari & Anr. Versus The State of Bihar

LL Citation: 2024 LiveLaw (Pat) 78

The Patna High Court today (Sept 3) upheld the acquittal of the accused who was charged with committing an offence of rape on the 14 years old female child after the prosecution case was not able to prove the accusations beyond the reasonable doubt.

It was the case of the prosecution that the accused had entered into the courtyard of the victim and forcibly took her to the room. When she raised her voice, her mouth was closed by him by putting his hand and he started committing rape upon her. It was only when the father of the victim heard the cry of the victim that he entered the room and saved the victim. In between this, when the accused tried to escape the place he was surrounded by the neighbours who caught him and was taken to police.

Source Of Promotion No Grounds To Deny Benefits To Employee Similarly Situated With Other Employees Upon Regularization: Patna High Court

Case Title: The State of Bihar & Ors. Versus Hirdayanand Tiwari, Letters Patent Appeal No.257 of 2022

Citation: 2024 LiveLaw (Pat) 79

The Patna High Court on Tuesday (Sep.3) observed that a source of promotion cannot be a factor in discriminating amongst the employees who were promoted to a new cadre or regularized in the service.

“At the outset, it is trite that when an employee is promoted to a new cadre or regularized in the services; there cannot be any discrimination on the basis of the source from which the promotion was conducted or the regularization was made, especially when, in the promoted post or the regular post the employee continues with the very same responsibilities, obligations and duties as a person who was promoted or appointed from another source.”, the Court said.

"Excess Pension Was Paid From Public Money": Patna High Court Denies Widow's Plea, Upholds Bank's Recovery Of Overpaid Pension

Case Title: Lalita Mishra vs The Union of India and Ors

LL Citation: 2024 LiveLaw (Pat) 80

​​The Patna High Court recently ruled in favour of the State Bank of India's right to recover an excess amount of Rs. 8.63 Lakhs that was mistakenly paid to a widow pensioner over several years.

The woman's late husband had retired as an Auditor in 1998, and she had been receiving an enhanced family pension since his death in 2002. The State Bank of India (SBI) later discovered that she had received excess pension payments for several years.

Patna High Court Warns BDOs 'Complicit' With Local Leaders; Orders Sensitisation About Panchayat Raj Act, Directions Of Election Commission

Case Title: Yasmin Aash & Anr. versus The State of Bihar & Ors., Civil Writ Jurisdiction Case No.12087 of 2024 (and connected matters)

Citation: 2024 LiveLaw (Pat) 81

The Patna High Court today directed the Bihar Government to convene a state-level meeting of all the Block Development Officers (BDOs) cum Executive Officers of Panchayat Samitis to sensitize and aware them about the working of the Bihar Panchayat Raj Act, 2006, the directions issued by the State Election Commission and the judgments passed by the High Court regarding the Act.

Patna HC Denies Retiral Benefits To Second Wife Whose Husband Performed Second Marriage During Subsistence Of First Marriage, Without Permission From Govt

Case Title: Baby Devi Vs. The State of Bihar and Ors., Civil Writ Jurisdiction Case No.10918 of 2024

LL Citation: 2024 LiveLaw (Pat) 82

The Patna High Court observed that the second wife of the deceased government employee would not be entitled to receive the pension benefits if the employee solemnized a second marriage during the substance of the first marriage and without due authorization from the government. The Court said that only the first wife is entitled to receive the pension benefits.

Instead of the petitioner, the retiral benefits were ordered to be paid in favour of the first wife. The claim of the petitioner was rejected because the second marriage was solemnized without the government's permission and the first marriage was in subsistence.

[Bihar Prohibition & Excise Act 2016] Improper To Auction Vehicle Just Because Meagre Quantity Of Liquor Was Recovered From It: High Court

Case Title: Anita Devi Versus The State of Bihar & Ors., Civil Writ Jurisdiction Case No.12055 of 2024

Citation: 2024 LiveLaw (Pat) 83

The Patna High Court on Thursday (Sep. 26) called the action of the confiscating authority to auction the vehicle, just because a meager quantity of 1 litre country-made liquor was recovered from the vehicle, as harsh and unjustifiable.

“it is crystal clear that there is recovery of a meager quantity of 1 liter of country made liquor and the vehicle has been auctioned at Rs. 3,25,000/- which is totally disproportionate to the offence committed and conscious of this Court does not allow to impose harsh penalty for recovery of meager quantity of 1 liter country made liquor.”, the bench comprising Justices PB Bajanthri and Alok Kumar Pandey said.

Industrial Benefit Scheme Extended By State Government Can't Be Withdrawn By Electricity Department On Basis Of Audit Objection: Patna High Court

Case Title: M/s Balmukund Concast Limited versus Bihar State Power holding Company Limited & ors

LL Citation: 2024 LiveLaw (Pat) 84

Referring to the decision of Shanta Mani Hand Made Paper Industries Vs. The State of Bihar & Ors [CWJC No. 2941 of 2010], the Patna High Court reiterated that supplementary bills which are punitive in nature, cannot be raised upon taxpayer and benefit granted by State government cannot be withdrawn based on mere audit objection.

The High Court reiterated so after finding that the subsidy granted to the petitioner by the State government in the form of Industrial Incentive policy was withdrawn simply based on an audit objection.

Need To Sensitize Family Court About Settling Divorce Cases Through Mediation : Patna High Court

Case Title: Rajeev Kumar @ Rajiv Kumar versus Arti Kumari, Miscellaneous Appeal No.352 of 2018

LL Citation: 2024 LiveLaw (Pat) 85

The Patna High Court has expressed displeasure over the conduct of Principal Judge, Begusarai Family Court for dismissing a divorce case without making an effort for conciliation of the dispute of the parties, which is the spirit of Section 9 of the Family Courts Act, 1984 (“Act”).

In this regard, the bench comprising Justices PB Bajanthri and Alok Kumar Pandey expressed the need to sensitize the Presiding Officer and asked its Registrar General to circulate a copy of this judgment amongst all the Presiding Officers of the Family Courts across the State and send a copy to the Director, Bihar Judicial Academy for needful.

S.129(3) CGST Act- 7 Days Limitation Period For Passing Penalty Order After Notice To Goods Owner/ Transporter Mandatory: Patna HC

Case title: M/s Kedia Enterprises v. State of Bihar

LL Citation: 2024 LiveLaw (Pat) 86

The Patna High Court has made it clear that the seven days limitation period prescribed under Section 129(3) of the Central Goods and Services Tax Act for passing an order of penalty, after notice has been issued to the goods owner/ transporter for violation of the CGST Act- is mandatory in nature.

Stipulation in Section 129(3) CGST Act is that the proper officer detaining or seizing goods or conveyances shall issue a notice in 'FORM GST MOV-07' within seven days of such detention or seizure, specifying the tax and penalty payable. Thereafter, the proper officer shall pass an order in 'FORM GST MOV-06' within a period of seven days from the date of service of such notice, for payment of penalty.

In Absence Of An Express Agreement Waiving Applicability Of S.12(5) Of Arbitration & Conciliation Act, Arbitration Clause Becomes Otiose: Patna HC

Case Title: The State of Bihar vs. Kashish Developers Limited

LL Citation: 2024 LiveLaw (Pat) 87

The Patna High Court bench of Chief Justice K. Vinod Chandran has held that the arbitration clause became otiose by reason of the substitution of Section 12 of the Arbitration and Conciliation Act, 1996 by Act 3 of 2016, which made the Engineer-in-Chief or the administrative head of the Public Works Division ineligible to be appointed as an arbitrator and disentitled from appointing an arbitrator. The court observed that in the absence of any express agreement waiving the applicability of Section 12(5) of the Act, the arbitration clause became otiose.

Patna High Court Quashes Sub Registrar's Dismissal, Reiterates Article 311 Protections Against Arbitrary Removal

Case Title: Ram Pravesh Chauhan Versus State of Bihar

LL Citation: 2024 LiveLaw (Pat) 88

The Patna High Court bench of Justice Bibek Chaudhuri reversed the dismissal of Ram Pravesh Chauhan, a Sub Registrar from Nalanda's Hilsa Sub Registry Office. It cited an absence of adequate evidence in the disciplinary proceedings, while reiterating the protections under Article 311 of the Constitution, which prevents arbitrary dismissal by ensuring that only the appointing authority, or a higher one, can hold the power to dismiss. Following this, the Court ordered Chauhan's reinstatement with all associated benefits.

Patna High Court Orders Appointment Of Regular Principal For Gaya College Being Run By Professor-In-Charge Since 2017

Case Title: Dr. Shujaat Ali Khan vs The State of Bihar

LL Citation: 2024 LiveLaw (Pat) 89

The Patna High Court recently directed the authorities including Magadh University and its the vice-chancellor, to appoint within two months a regular principal for Mirza Ghalib College, Gaya, which has been functioning with a Professor-in-charge acting as a principal since seven years.

A single judge bench of Justice Nani Tagia, emphasised that a college cannot continue to function through a Professor-in-charge acting as the administrative head for an extended period, as has been the case since 2017 in the instant case.

Defendants Cannot Benefit From Own Wrong, After Alienating Partition Suit Property And Oppose Impleadment Of Purchasers: Patna HC

Case Title: Md. Atif Ansar vs Rehan Mohammad Tarique and Ors

LL Citation: 2024 LiveLaw (Pat) 90

While quashing a trial court order which had rejected the addition of subsequent purchasers as defendants in a partition suit, the Patna High Court observed that the defendant parties cannot benefit from their own wrongful actions particularly after creating third-party interests during the pendency of the suit.

A single judge bench of Justice Arun Kumar Jha in its order said, “The reasoning adopted by the learned trial court for dismissal of the petition is flawed in the sense that the learned trial court entirely went by the stage of the suit before it and on consideration that it will cause delay in disposal of the suit. The learned trial court went to the extent on recording that if the purchasers are made party, the defendants would be seriously prejudiced and there would be problem in disposal of the suit. Apparently these facts could not be made a ground for refusing the prayer of the plaintiff.”

Patna High Court Nixes Trial Court's Order Dismissing Plea For Amendment Of Plaint In Title Suit, Says Issue Of Limitation Is Disputed

Case Title: Gul Hasan Miyan v Aas Mohammad & Anr.

LL Citation: 2024 LiveLaw (Pat) 91

The Patna High Court, while allowing a petition under Article 227 of the Constitution of India to set aside an order passed by the Munsif court in a Title Suit, said that the issue of limitation, being disputed, could be addressed after permitting the amendment of the plaint which was sought within the limitation period.

The high court said that the suit was presently at the stage of plaintiff's evidence and in certain conditions amendment to the plaint can be allowed even after trial commences. It also said that the trial court's finding that allowing the amendments would change the nature of the suit is misconceived, and that the amendments sought seemed to be necessary for proper determination of the real controversy between parties.

'Deposing Capacity' Of Child Witness Not Tested Before Taking Evidence: Patna HC Nixes Man's Conviction For Sexually Assaulting Minor Girl

Case Title: Pramod Mandal vs The State Of Bihar

LL Citation: 2024 LiveLaw (Pat) 92

While allowing an appeal against an order convicting a man for sexually assaulting a 5-year-old girl in 2019, the Patna High Court said that the evidence of the child who witnessed the alleged incident and supported the prosecution's case was not reliable as Trial Court had not tested the child's "capacity to depose" prior to his deposition.

The high court further said that the prosecution had failed to prove the foundational facts of the alleged offences beyond reasonable doubt, adding that the man could not be convicted based on "feeble evidence" of child witness.

Daily Wage Employment Through “Backdoor Entry” Creates No Right To Regularization Even After Decade Of Service: Patna High Court Dismisses LIC Workers' Plea While Clarifying Regularization Principles

Case Title: Tunna Kumar @ Tunnu Kumar & Ors vs General Manager & Ors

LL Citation: 2024 LiveLaw (Pat) 93

Patna High Court: Justice Dr. Anshuman dismissed a writ petition seeking regularization of daily wage workers employed by the Life Insurance Corporation of India (LIC) on the ground of non-joinder of LIC as a party. The petition was filed by several daily wage workers claiming over ten years of service with the LIC. The court held that the petition was defective as LIC, a necessary party, had not been impleaded, rendering the petition untenable.

Even A Time-Barred Claim Can Be Introduced By Amendment If Trial Hasn't Commenced: Patna High Court

Case Title: Mohan Sahani & Ors. v Jagan Sahani & Ors.

LL Citation: 2024 LiveLaw (Pat) 94

The Patna High Court, while disposing of a petition filed under Article 227 of the Constitution, challenging an order passed by the Munsif, upheld the order allowing an amendment petition under Order VI Rule 17 of the Code of Civil Procedure, 1908, for amending the plaint, while acknowledging that although the amendment appeared to introduce a time-barred claim, considering the early stage of the trial, the effect could be as though the amended plaint were the original, as the trial had not yet commenced.

A single bench of Justice Arun Kumar Jha observed, “From the facts of the case, though it appears that a time barred claim/relief is being sought to be introduced by way of amendment, considering the initial stage of the suit, the effect could be as if the amended plaint is the original plaint since the trial has not commenced.”“In such circumstances, the defendants could always raise the issue of limitation. Moreover, the defendants are imputing knowledge to the plaintiff in the year 1983, 2013 and 2016, which is denied by the plaintiff. It is to be borne in mind that rules of procedure are intended to be handmaid to the administration of justice and a party could not be refused just relief because of some mistake, negligence or inadvertence or even infraction of the rules of procedure,” Justice Jha added.

S.126(2) CrPC | Family Court Must Satisfy Itself Of Party's 'Wilful' Absence Before Proceeding Ex-Parte In Maintenance Proceeding: Patna HC

Case Title: Avinash Kumar v The State of Bihar & Anr.

LL Citation: 2024 LiveLaw (Pat) 95

The Patna High Court has, while setting aside a Family Court's ex-parte maintenance order under Section 126(2) CrPC in favour of the wife, held that before proceeding ex parte, the Magistrate must be satisfied that the person against whom the maintenance order is proposed is wilfully avoiding service or wilfully neglecting to attend court.

Justice Arvind Singh Chandel presiding over the case observed, “A plain reading of the proviso to Clause (2) of Section 126 of Cr. P.C. clearly shows that before proceeding ex parte, the learned Magistrate is required to satisfy that the person against whom an order for payment of maintenance is proposed to be made is wilfully avoiding service or wilfully neglecting to attend the Court.”

S.52 Transfer Of Property Act | Court Can Permit Party In Pending Partition Suit To Sell Its Share Of Land To Meet Medical Expenses: Patna HC

Case Title: Bijay Kumar Sarawagi v Sudhir Kumar Sarawagi & Anr.

LL Citation: 2024 LiveLaw (Pat) 96

The Patna High Court recently ruled that if a party seeks to sell the land it is likely to receive after partition- to cover medical expenses for his daughter and himself, his request should be considered and not dismissed solely on the grounds that such a sale would be affected by Section 52 of the Transfer of Property Act.

Justice Arun Kumar Jha, who presided over the case, emphasized, “If the petitioner wants to sale the land which he is likely to get after partition to meet the expenses of treatment of his daughter as well as for himself, his prayer ought to be considered and should not have been rejected merely on the ground that such alienation would be hit by Section 52 of the Transfer of Property Act. Section 52 of the Transfer of Property Act does not bar complete transfer of land during pendency of the suit. The land could be transferred with leave of the court and permission for the same has been sought by the petitioner.”

Arms License Can't Be Canceled On Mere Registration Of FIR : Patna High Court Reiterates

Case Title: Sunil Kumar Sinha vs. The State of Bihar & Ors., Civil Writ Jurisdiction Case No. 108 of 2024

LL Citation: 2024 LiveLaw (Pat) 97

The Patna High Court has reiterated that mere registration of a First Information Report (“FIR”) against a person cannot be a ground to cancel his/her Arms License.

The bench comprising Justice Mohit Kumar Shah heard a case where the petitioner's arms license was canceled by the District Magistrate, Supaul after finding that an FIR was registered against the petitioner. According to the DM, registration of FIR amounts to the pendency of a criminal case against the petitioner making him ineligible to hold an Arms License.

Recognition Of Service Must Be Based On Objective Criteria, Not Extraneous Factors Like Gender: Patna HC

Case Title: Jiwachh Yadav v. The State of Bihar

LL Citation: 2024 LiveLaw (Pat) 98

Patna High Court: Justice Anil Kumar Sinha ruled against the gender-based prioritization of a female Peon's service over a male employee who held a sanctioned post at a girls' school. The court found that without statutory backing, employment recognition must be based on objective criteria rather than extraneous factors like gender. Setting aside orders recognizing respondent's service, who was appointed to an unsanctioned post, the court directed recognition of the petitioner's father's legitimate claim to the sanctioned post and ordered payment of all monetary benefits, including salary arrears and retirement dues.

Concurrent Finding Of Fact Can't Be Overturned In Second Appeal U/S 100 CPC Merely Because 'Alternative View' Is Possible: Patna HC Reiterates

Case Title: Most. Panchola vs Sri Krishna Kumar

LL Citation: 2024 LiveLaw (Pat) 99

The Patna High Court, while dismissing an appeal under Section 100 of the Code of Civil Procedure challenging the judgement of the Additional District Judge which had upheld the decision of the Munsif in a title suit, held that a concurrent finding of fact based on evidence cannot be overturned in a second appeal merely because an alternative view could be drawn from the same evidence.

Court Cannot Issue Process U/S 82 Or 83 CrPC Without Recording Satisfaction That Persons Were Deliberately Avoiding Service: Patna HC Reiterates

Case Title: Ajeet Kumar v The State of Bihar & Anr.

LL Citation: 2024 LiveLaw (Pat) 100

The Patna High Court has reiterated that issue of process of proclamation and attachment under Sections 82 and 83 of the CrPC respectively is procedurally deficient in absence of service report for summons and warrants.

Justice Partha Sarthy held that trial courts must record satisfaction regarding deliberate avoidance of service, before resorting to proclamation. The single bench observed,

“trial Court proceeded in the matter without there being any service report of the summons or bailable warrant of arrest. The procedure adopted by the learned trial Court was of issuing non bailable warrant, process under section 82 and thereafter under section 83 Cr.P.C. even without recording its reasons and satisfaction to the effect that the petitioners were deliberately avoiding service.”

Unilateral Reduction Of Pension Benefits Without Notice Violates Natural Justice; Patna HC Protects Retirees' Rights

LL Citation: 2024 LiveLaw (Pat) 101

Patna High Court: A Single Judge Bench of Justice Harish Kumar upheld the rights of retired non-teaching staff of L.N. Mithila University to receive full Assured Career Progression (ACP) benefits and proper pension adjustments. The Court ruled that the university's unilateral reduction of retirement benefits without notice violated principles of natural justice and established pay equity standards. The Court affirmed that university employees are entitled to benefits equivalent to State Government employees and ordered immediate restoration of original pension entitlements with interest on delayed payments.

Prior Period Service Must Count Towards ACP/MACP Benefits For Absorbed Employees: Patna High Court.

Case Title: Mahendra Jha vs The State of Bihar

LL Citation: 2024 LiveLaw (Pat) 102

A Single Judge Bench of Justice Harish Kumar directed the State of Bihar to count the petitioner's prior service period before retrenchment for granting Assured Career Progression (ACP) and Modified Assured Career Progression (MACP) benefits. It held that the principles applicable to fresh appointments do not apply to cases of absorption of retrenched employees.

Insurance Companies Liable For Paid Drivers And Cleaners Under Motor Vehicle Act When Additional Premium Is Accepted: Patna High Court

Case Title: Shri Ram General Insurance Co. Ltd. vs Radha Devi And Ors

LL Citation: 2024 LiveLaw (Pat) 103

The Patna High Court has ruled that an insurance company must cover the liability for a paid driver and cleaner under the Motor Vehicle Act, 1988, when the vehicle owner pays an additional premium for their coverage.

The court emphasized that once the insurance company accepts the additional premium, it extends its liability to cover risks associated with the paid driver and cleaner, shifting the owner's risk to the insurer.

Termination Of Service After Employee's Retirement Unknown To Law In Absence Of Pending Departmental Proceedings: Patna High Court

Case Title: Chandra Kishore Sharma v The State of Bihar & Ors.

LL Citaton: 2024 LiveLaw (Pat) 104

The Patna High Court recently allowed a petition challenging an office order from the Water Resources Department that halted petitioner's pension after four years and eight months of his superannuation from the post of Mapak.

The court ruled that a delinquent employee would be considered to be in service, even after reaching retirement age, only if a valid departmental proceeding had been initiated against him prior to the cessation of service.

If Appeal Is Preferred Beyond Limitation, Notice Must Be Issued To Respondent; Court Can't Directly Proceed On Merits: Patna High Court

Case Title: Basil Michael Quadros v The State of Bihar & Ors.

LL Citation 2024 LiveLaw (Pat) 105

The Patna High Court has made it clear that if an appeal is filed beyond the period of limitation, a notice of hearing is to be mandatorily issued to the respondent party.

Single bench of Justice Arun Kumar Jha added that appellate court cannot proceed with the appeal on merits keeping the issue of limitation pending till final judgment. It reasoned,

"...issuance of notice to the respondent is for giving an opportunity to the respondent to make submission on the point of limitation since a vested right accrues to him. It is not a mere formality and Order 41 Rule 3A of the Code only states the obvious that no person should be condemned unheard. If a right has been vested in the respondents on account of expiry of limitation period, no adverse order, in the instant case, admission of the appeal, could be made in the absence of the respondents as it would violate the principles of natural justice."

Seniority Is Reckoned With Ph.D. Acquisition Date, Not Initial Appointment Date For Principal-In-Charge Position: Patna High Court Clarifies UGC Regulations

Case Title: Dr. Krishna Murari Sah vs The State of Bihar

Citation: 2024 LiveLaw (Pat) 106

A Division Bench comprising Chief Justice K. Vinod Chandran and Justice Partha Sarthy dismissed a writ petition challenging the appointment of Dr. Krishna Murari Sah as Principal-in-Charge of Sitaram Sahu College, Nawada. The Court held that despite his later appointment, Dr. Sah acquired his Ph.D. earlier, making him senior to the petitioner under UGC Regulations. Thus, the court found his appointment as Principal-in-Charge to be valid.

Land Acquisition | Sale Statement Cannot Be Relied Upon For Compensation Without Examining Vendors Or Vendees: Patna High Court Reiterates

Case Title: Daya Shankar Prasad Thakur vs The State Of Bihar

LL Citation: 2024 LiveLaw (Pat) 107

The Patna High Court has made it clear that while determining compensation for land acquisition, mere statement of exemplar sale is not sufficient without examining the vendors or vendees involved.

Justice Nawneet Kumar, presiding over the case, observed, “It is an admitted fact that the compensation of the acquired land was assessed on the basis of the sale statement (Ext.C) of another village Dharmangtpur. The Hon'ble Supreme Court in para-6 of Collector, Raigarh (supra) has been pleased to hold specifically that the sale statement, without examining the vendors or vendees, cannot be relied upon. Neither the vendor nor the vendee of the sale deed was examined by the State.”

Employee's Request For Reinstatement After Acquittal Can't Be Rejected Without Re-Examining Material Forming Basis Of Termination: Patna HC

Case Title: Kanchan Kumar Mishra v The State of Bihar & Ors.

LL Citation: 2024 LiveLaw (Pat) 108

While quashing the health department's order terminating the services of a man, the Patna High Court reiterated that natural justice principles require that an individual must be given the opportunity to respond to any adverse evidence before such punitive actions are taken against them.

In doing so the high court observed that the respondent-Department should have re-examined the matter, particularly the documents used to justify the petitioner's termination, before rejecting his reinstatement request.

Withholding Rape Victim's Medico Legal Report Raises Adverse Presumption Against Prosecution Case: Patna HC Acquits Life Convict After 12 Yrs

Case Title: Mantu Yadav vs The State of Bihar

LL Citation: 2024 LiveLaw (Pat) 109

The Patna High Court has acquitted a man 12 years after conviction for rape, while observing that withholding a rape victim's medico-legal examination report raises adverse presumption against the prosecution's case.

Justice Jitendra Kumar, while delivering the judgment, noted that the medico-legal examination report of the informant was not placed on record. The bench observed, “there is no medico legal examination's report of the informant on record. For want of such report, it is difficult to rule out false implication of the appellant. More so, when the informant was examined by doctors at Banka and Bhagalpur hospital withholding the medico legal examination's report raises adverse presumption against the proseuction case. Investigating Officer of the case has been also not examined.”

Recovery Of Excess Payment From Lower-Rung Employees Violates Article 14: Patna HC Imposes Rs 5 Lakh Penalty On Child Development Project Officer

Case Title: Sita Kumari v The State of Bihar & Ors.

LL Citation: 2024 LiveLaw (Pat) 110

The Patna High Court has reiterated that recovering excess payments from employees in the lower service tiers, such as Class-III and Class-IV staff, is iniquitous and would place an undue burden on them, exceeding any reciprocal benefit to the employer.

Justice Purnendu Singh, presiding over the matter, emphasised, “employees in lower rung of service would spend their entire earnings in the upkeep and welfare of their family, and if such excess payment is allowed to be recovered from them, it would cause them for more hardship, than the reciprocal gains to the employer.”

[Dowry Death] When Offence Committed Inside House, Initial Burden Of Proof Rests On Prosecution But Degree Becomes Lighter: Patna High Court

Case Title: Umesh Sharma vs The State Of Bihar

LL Citation: 2024 LiveLaw (Pat) 111

The Patna High Court has clarified that, under Section 106 of the Indian Evidence Act, requiring an appellant to explain the cause of a deceased's death without the prosecution first proving basic facts would amount to an improper interpretation of the law.

The Court stated that the prosecution must establish foundational facts showing involvement of the appellant and others in the alleged killing over dowry demands for the application of Section 106 to arise.

State's Alcohol Ban Led To Illegal Liquor Trade; Police, Excise, Tax, Transport Dept Officials Love The Ban As It Means Big Money: Patna HC

Case title: Mukesh Kumar Paswan v/s The State of Bihar and Others

LL Citation: 2024 LiveLaw (Pat) 112

While quashing the penalty of demotion imposed on an Inspector on the ground that he had been negligent in implementing the Excise Prohibition law, the Patna High Court observed that while the law was passed with the objective of improving public health however "for several reasons, it finds itself on the wrong side of the history".

In doing so the court observed that prohibition law in the State has, in fact, given rise to unauthorized trade of liquor and other contraband items and that the police, excise, tax and transport department officials "love" the liquor ban as for them it "means big money".

Service Of Notice Presumed Effective Upon Expected Delivery Time Unless Proven Otherwise: Patna High Court

Case Title: The IFFCO vs Shamima Khatoon & Ors.

LL Citation: 2024 LiveLaw (Pat) 113

The Patna High Court has affirmed that service of notice is presumed to be effective upon the letter's expected delivery time in the ordinary course of business, unless the addressee can prove otherwise.

Justice Sunil Dutta Mishra, while presiding, reiterated, “Section 114 of the Evidence Act, 1872 enables the Court to presume that in the common course of natural events, the communication sent by the post would have been delivered at the address of the addressee. Further, Section 27 of the General Clauses Act, 1897 gives rise to a presumption that service of notice has been effected when it is sent to the correct address by registered post.”

Pay Verification Cell's Unilateral Reduction Of Salary Without Notice Violates Principles Of Natural Justice: Patna HC

Case Title: Suray Deo Paswan vs The State of Bihar

LL Citation: 2024 LiveLaw (Pat) 114

A single judge bench of Justice Satyavrat Verma quashed the Bihar Education Department's Pay Verification Cell's order that unilaterally reduced a university employee's salary and downgraded his designation. The Court held that such action without prior notice violated principles of natural justice and contradicted an earlier High Court ruling that mandated specific procedural steps. The Court emphasized that the Pay Verification Cell's role is limited to auditing and advising, and it cannot independently amend decisions affecting employees' pay and status.

Court Cannot Examine Correctness Of Policy Decision Which Is Supported By Sufficient Material And Complies With Article 14: Patna High Court

Case Title: Munmun Kumari v The State of Bihar & Ors.

LL Citation: 2024 LiveLaw (Pat) 115

The Patna High Court has reiterated that once it is found that there exists sufficient material supporting a particular policy decision and it falls within the scope of Article 14 of the Constitution, the power of judicial review does not extend to determine the correctness of that policy decision or finding out an alternative.

The above ruling came during the dismissal of a petition filed under Article 226 of the Constitution, seeking a mandamus to direct respondents to allot an MBBS seat to the petitioner.

Patna High Court Acquits Rape Accused, Finds Victim's Testimony Unreliable

Case Title: Mannu Vs. State of Bihar

LL Citation: 2024 LiveLaw (Pat) 116

The Patna High Court has acquitted an accused in a rape case, finding the victim's testimony to be unreliable. The Court noted that the victim's statement in court significantly differed from her initial written statement to the police, and there were serious contradictions in both her statement and her conduct, making her untrustworthy.

Upon perusing the material evidence placed on record, the bench comprising Justices Ashutosh Kumar and Jitendra Kumar observed, “We are conscious of the law that on the sole testimony of prosecutrix, accused may be convicted without corroboration of her testimony because she is not an accomplice and stands on the footing of an injured witness. But for such conviction, the prosecutrix is required to be trustworthy, inspiring confidence of the court. She must be sterling witness.”

FIR Must Be Dispatched To Judicial Magistrate Within 24 Hours, But Delay Alone Not Sufficient To Dismiss Prosecution Case: Patna High Court

Case Title: Hare Ram Yadav vs The State Of Bihar

LL Citation: 2024 LiveLaw (Pat) 117

The Patna High Court has recently observed that while an FIR must be dispatched to the nearest Judicial Magistrate within 24 hours, the prosecution's case cannot be dismissed solely on account of such a delay.

A division bench comprising Justices Ashutosh Kumar and Jitendra Kumar emphasized, “We are conscious of the position of law that a recorded FIR ought to be dispatched to the nearest Judicial Magistrate within 24 hours. There cannot be any explanation of the learned C.J.M. endorsing the FIR on 19.11.2015.”

Conviction Under Wrong Provision Of POCSO Act: Patna High Court Orders Release Of Sexagenarian After 10 Years, Enhances Victim's Compensation

Case Title: Md. Mahmood Alam vs The State of Bihar

LL Citation: 2024 LiveLaw (Pat) 118

The Patna High Court has ordered the release of a man in his sixties, previously convicted by a Sessions Court for the rape of his 12-year-old niece, citing the application of a wrong provision of the Protection of Children from Sexual Offences (POCSO) Act, 2012.

The court held that the trial court erroneously sentenced the appellant under Section 6 of the Act, which was not applicable to the offense committed in 2014.

Compassionate Appointment, Employer Must Explore Alternative Posts, If Not Eligible For Specific Post : Patna High Court

Case No. : Chanda Kumari vs The Union of India

LL Citation: 2024 LiveLaw (Pat) 119

A single judge bench of the Patna High Court comprising of Purnendu Singh, Justice, while deciding a writ petition held that in case of compassionate appointments, the employer must explore alternative posts, rather than rigidly adhering to eligibility criteria for specific positions.

'Candidate Cannot Be Dismissed From Service If Certificates In Dispute Are Not Cancelled', Patna High Court Sets Aside Order Of Dismissal

Case Title: Rajive Nandan Mourya vs. State of Bihar & ors

LL Citation: 2024 LiveLaw (Pat) 120

A Division Bench of the Patna High Court comprising Justices P. B. Bajanthri and S. B. Pd. Singh set aside an order of dismissal observing that as long as the certificates in dispute were not cancelled, the Authorities could not initiate Disciplinary Proceedings or impose penalty in the form of a dismissal order.

Limitation Of 5 Years For Seeking Compassionate Appointment Starts On The Date When Cause Of Action Arises', Patna High Court

Case Title: Sunny Kumar versus e State of Bihar & ors

LL Citation: 2024 LiveLaw (Pat) 121

A Division Bench of the Patna High Court comprising Justices P. B. Bajanthri and S. B. Pd. Singh allowed an appeal challenging the decision wherein an application for compassionate appointment to the post of Constable on the ground that the application was not filed before the authorities within the stipulated time period of 5 years was dismissed by a Single Judge Bench. The Court observed that the Appellant could not have filed the application seeking appointment right after his father's death since he was dismissed from service six months before his death. It was held that the time period of five years was to be considered from the date of order setting aside the dismissal order.

'Time Served On Duty Is Immaterial If Appointment Is Not As Per Law', Patna High Court

Case Title: Amit Shrivastava versus State of Bihar & ors

LL Citation: 2024 LiveLaw (Pat) 122

A Division Bench of the Patna High Court comprising Justices P. B. Banjanthri and B. PD. Singh held that if a candidate's appointment was not as per law, it would be immaterial as to how many years he has discharged duties in relation to the post. The Bench upheld the order of the Single Judge that had denied relief to the Appellant(Head Clerk) who was appointed to the post despite not being in the merit list on the date of appointment.

Probate Proceedings End With Death Of Will's Executor, Substitution Of Legal Heirs Not Permissible: Patna High Court

Case Title: Sanjay Tribedi @ Munna Tribedi vs. Kanti Devi & Ors.

LL Citation: 2024 LiveLaw (Pat) 123

The Patna High Court has said that upon the death of Will's executor, his/her legal heirs cannot be substituted in place of the executor, adding that probate proceedings come to an end upon the death of the Will's executor.

Placing reliance on Section 222 of the Indian Succession Act, 1925, Justice Arun Kumar Jha noted that the right to obtain probate is confined to the executor and it can by no means devolve upon the heir of the executor appointed by the Will. For context probate is the legal procedure to establish whether the will is made correctly or not.

Patna High Court Dismisses Plea Challenging Notifications Extending Timeline For Issuance Of Orders U/S 73(10) Of CGST Act

Case Title: M/s Barhonia Engicon Private Limited v. The State of Bihar

LL Citation: 2024 LiveLaw (Pat) 124

The Patna High Court has rejected a petition challenging Notifications extending timeline for issuance of Orders under Section 73(10) of the GST Act.

The Division Bench, comprising Chief Justice K. Vinod Chandran and Justice Partha Sarthy was dealing with the case where the assessees/petitioners filed writ petition against Notification Nos. 13/2022-Central Tax, 9/2023-Central Tax & 56/2023-Central Tax which extended the dates for issuing orders under Section 73(10) of the GST Act.

Arms License Can't Be Denied Solely On Ground That Applicant Doesn't Have Specific Security Threat/ Imminent Danger: Patna High Court

Case Title: Ranjan Kumar Mandal Vs. The State of Bihar and Others

LL Citation: 2024 LiveLaw (Pat) 125

The Patna High Court recently reiterated that an arms license to an individual cannot be denied solely on the ground that the applicant does not have any "specific security threat or imminent danger".

Justice Mohit Kumar Shah set aside the orders of the District Magistrate, Khagaria and Divisional Commissioner, Munger that denied the arms license to the petitioner just because there was no threat to his life.

Patna High Court Upholds Reinstatement Of Employee, Rules Compulsory Retirement Must Be Based On Subjective Satisfaction

Case Title: The Principal Secretary Vs. Mehfooz Alam

LL Citation: 2024 LiveLaw (Pat) 126

The Patna High Court recently upheld the reinstatement of a Class-III employee posted in the Governor's Secretariat, Bihar who was made to compulsorily retire from the services in the midst of the departmental proceedings pending against him.

Affirming the Single Bench's decision, the Division Bench comprising Chief Justice K Vinod Chandran and Justice Partha Sarthy observed that it would be inappropriate and unjust to order compulsory retirement of the employee on the charges labeled against the employee for which a departmental proceeding was pending against the employee.

Appellate Authority Has To Consider Grounds Raised In Appeal And Decide On Merits, Even If Appeal Is Heard Ex Parte: Patna High Court

Case Title: M/S Silverline v. The State of Bihar

LL Citation: 2024 LiveLaw (Pat) 127

The Patna High Court stated that the Appellate Authority has a duty and an obligation to examine grounds raised by assessee in memorandum of appeal and decide issue on merits even if appeal is filed ex parte.

The Bench consisting of Chief Justice K. Vinod Chandran and Justice Partha Sarthy, stated that “the Appellate Authority even while considering the appeal ex parte will have to consider the grounds raised in the memorandum of appeal, deciding the appeal on merits……”

Patna HC Quashes Engineer's Dismissal Over Alleged False Caste Certificate, Says Penalty Can't Be Imposed Until Certificate Is Cancelled

Case Title: Rajive Nandan Mourya v. The State of Bihar & Ors.

LL Citation: 2024 LiveLaw (Pat) 129

The Patna High Court recently quashed the dismissal of an Assistant Engineer from the Water Resources Department, Bihar, who was accused of using false caste and domicile certificates.

The Court dubbed the dismissal as 'premature', as the necessary procedure to cancel the caste certificate had not been followed. The Court emphasized that disciplinary proceedings cannot be initiated nor a penalty imposed until the caste certificate is formally cancelled by the competent authority.

https://www-livelaw-in.demo.remotlog.com/arbitration-cases/court-held-findings-of-calcutta-high-court-cannot-be-challenged-in-courts-at-patna-patna-high-court-277669

Case Title: The State of Bihar versus M/s Tantia Construction Ltd.

LL Citation: 2024 LiveLaw (Pat) 130

The Patna High Court Bench of Justice Sandeep Kumar has held that the findings of the Calcutta High Court cannot be challenged in the Courts at Patna. Additionally, the court noted that the respondent had first approached the Calcutta High Court by preferring an application under Section 9 of the Act. Therefore, the provisions of Section 42 of the Act would be attracted, and subsequent applications would not be maintainable before the Courts at Patna.

Also, the court held that on the question of jurisdiction the Calcutta High Court has already given categorical findings rejecting the objections raised of the petitioner. So, by operation of section 42 of the Act, the Courts at Patna could not exercise jurisdiction.

Once Person Empowered To Nominate Arbitrator Becomes Ineligible U/S 12(5), Matter Shall Not Be Referred To Arbitration: Patna High Court

Case Title: M/s R.S Construction Versus Infrastructure Development Authority and Ors.

LL Citation: 2024 LiveLaw (Pat) 130

The Patna High Court bench of Chief Justice K Vinod Chandran has held that once the person empowered to nominate an arbitrator under an arbitration clause becomes ineligible to nominate the arbitrator, the matter shall not referred to the Arbitration.

Triple Talaq By E-mail Is Mental Torture; Husband's Unilateral Power To Inflict Instant Divorce Is Unacceptable: Patna High Court

Case title - Aamir Karim vs State Of Bihar and another

LL Citation: 2024 LiveLaw (Pat) 131

The Patna High Court has recently observed that the view that a Muslim husband enjoys an arbitrary and unilateral power of inflicting instant divorce is not acceptable and that giving divorce to a Muslim wife by simply sending an e-mail to her amounts to a form of mental torture.

Rejecting a plea to quash dowry and mental torture charges against a husband, a bench of Justice Shailendra Singh also observed that the operation of the Supreme Court's 2017 decision on triple talaq would apply retrospectively and hence, it would equally apply to the triple talaq pronounced before passing of the said judgement.

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

Case Title: Brij Bihari Ray vs The State of Bihar and ors

LL Citation: 2024 LiveLaw (Pat) 132

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 evidence of general witnesses is not sufficient to prove the homicidal death on account of the alleged assault. It is only by a witness, expert in medical science, can opine regarding the nature of the injury and whether the death of the deceased was caused by such injury. But there is no such medical evidence on record and hence, the prosecution has failed to prove beyond reasonable doubts the homicidal death on account of the alleged injury.”

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

Case Title: Hindustan Construction Company Ltd. v. Bihar Rajya Pul Nirman Nigam Limited

LL Citation: 2024 LiveLaw (Pat) 133

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 instance.