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

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

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

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

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

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...

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

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. Brief Facts An agreement was executed between the petitioner and the respondent in pursuance of a tender floated by the respondent....

Findings Of Calcutta HC Cannot Be Challenged Before Courts At Patna After Objections Over Jurisdiction Were Dismissed: Patna High Court

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...

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

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...

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

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...

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

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...

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

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...

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

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...

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

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...

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

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...