'Compounding Of Companies Act Offence Extinguishes Foundation Of Criminal Prosecution': Patna High Court

The Patna HC has held that once an offence under the Companies Act has been compounded by the competent statutory authority, criminal prosecution founded on the same contravention cannot continue merely because the compounding order was not communicated to the criminal court. The Court quashed criminal proceedings against a statutory auditor, observing that the subsequent compounding had extinguished the very foundation of the prosecution.A Single Judge Bench of Justice Ansul was hearing a...

PIL In Patna High Court Challenges Deepak Prakash's Nomination To Bihar MLC

A Public Interest Litigation (PIL) has been filed before the Patna HC challenging the nomination of Deepak Prakash as a Member of the Bihar Legislative Council (MLC), alleging that his nomination violates Articles 171(3)(e) and 171(5) of the Constitution of India.The petition, filed by Prince Kumar Ojha under Article 226 of the Constitution, seeks issuance of a writ of quo warranto, calling upon Deepak Prakash to show under what authority he occupies the public office of a nominated MLC. It also...

'Depanelment Of Advocate Is Not Defamation, Merely Discontinues Professional Engagement': Patna High Court

The Patna HC has held that depanelment of an advocate does not, by itself, constitute defamation, as discontinuing a professional engagement does not amount to making or publishing a defamatory imputation. The Court rejected a ₹25 lakh defamation suit filed by a former panel advocate of the State Bank of India (SBI) against its officials, observing that the right to practise law does not...

'Domicile Acquired Through Marriage Does Not Automatically Confer Reservation Benefits': Patna High Court

The Patna HC has held that domicile acquired through marriage does not automatically confer reservation benefits under Article 16(4) of the Constitution. The Court rejected the plea of a woman seeking Scheduled Caste (SC) reservation in Bihar's recruitment process, who claimed to have been residing in the State for over 28 years following her marriage.A Division Bench comprising Justice...

'Presumption Of Innocence Not Effaced Merely Because Trial Court Has Recorded Conviction': Patna High Court Acquits Man In Rape Case

The Patna HC has held that the presumption of innocence does not cease merely because a Trial Court has recorded a conviction, and continues until the prosecution establishes guilt beyond reasonable doubt before the appellate court. The Court acquitted a man convicted of rape and procuration of a minor girl, noting material inconsistencies in the prosecution evidence.A Single Judge Bench...

'Absence Of Injuries Does Not Ipso Facto Negate Rape': Patna High Court Refuses To Quash Cognizance In Minor's Alleged Gang-Rape Case

The Patna HC has held that the absence of injuries on the body of an alleged rape victim does not ipso facto establish that rape was not committed, as rape is a legal finding and not a medical one. The Court refused to quash a cognizance order against four accused persons in a case involving the alleged gang rape of a 12-year-old girl with hearing and speech disabilities.A Single Judge Bench...

Patna High Court Quashes Defamation Case Over Ramdev Book, Says Disciples Cannot Claim To Be Aggrieved

The Patna HC has held that a person cannot initiate criminal defamation proceedings merely because he is a follower or disciple of the individual allegedly defamed. The Court observed that under Section 199(1) of the Code of Criminal Procedure (CrPC), a complaint for criminal defamation must be instituted by a person aggrieved by the alleged offence, and that personal sentiments or...

Non-Communication Of Written Grounds Of Arrest Does Not Vitiate Remand Without Demonstrable Prejudice: Patna High Court

The Patna HC has held that while examining a challenge to detention based on the alleged non-communication of written grounds of arrest, a prejudice-oriented test must be applied. The Court rejected a habeas corpus petition challenging an accused's remand, noting that he was already aware of the allegations against him, had sought anticipatory bail and was represented by a lawyer who opposed...

'Caste Status By Birth Cannot Be Denied': Patna High Court Grants Relief To Woman Denied SC Reservation Over Husband's Name On Certificate

The Patna HC has held that a candidate belonging to the Scheduled Caste (SC) category cannot be denied reservation benefits merely because her caste certificate mentions her husband's name instead of her father's name, when no such requirement has been prescribed in the recruitment advertisement. The Court observed that a caste certificate merely affirms a person's caste status, which...

Patna High Court Upholds ₹5 Lakh Compensation To L-1 Bidder Disqualified Over Condition Absent From Notice Inviting Tender

The Patna HC has upheld an award of Rs.5 lakh as compensation to an L-1 bidder who was arbitrarily excluded from a tender process for failing to comply with a condition that was not prescribed in the Notice Inviting Tender (NIT). The Court clarified that the compensation did not constitute contractual damages, as the relief was granted for arbitrary exclusion from the tender process.A...

'Compromise Cannot Be Sole Ground For Quashing Rape Case, Overall Circumstances Must Be Examined': Patna High Court

The Patna HC has held that criminal proceedings involving serious offences such as rape cannot be quashed solely because the parties have reached a compromise. However, the Court observed that the overall facts and circumstances, including the material collected during investigation and any subsequent settlement, must be considered while deciding whether such proceedings should continue.A...

'Advocate Cannot Be Criminally Prosecuted Merely Because Legal Opinion Turns Out Incorrect': Patna High Court

The Patna HC has held that an advocate cannot be subjected to criminal prosecution merely because a legal opinion furnished in the course of professional duties subsequently turns out to be incorrect. The Court clarified that criminal liability may arise where an advocate deliberately provides a false or misleading opinion in collusion with others to facilitate fraud.A Single Judge Bench...