Patna High Court Weekly Round-Up: January 08 To January 14, 2024

Ravi Shankar and Anr vs The State of Bihar and Ors 2024 LiveLaw (Pat) 03

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

Judgements/Orders This Week

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) 03

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.