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

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). “Considering the aforesaid facts and circumstances particularly the origin of temple, the right exercised by the devotee with regard...

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

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. The Court added that there is no inherent right vested in the husband to claim custody of such a girl by filing a writ of habeas...

High Court Directs Bihar DGP To Conduct Inquiry On Allegations Of Assault On Advocate Inside Police Station

The Patna High Court has directed the Director General of Police (DGP), Bihar to conduct an inquiry into the alleged assault of an advocate by a policeman at Mokama Police Station.Justice Rajeev Ranjan Prasad directed, “Let this matter be brought to the notice of the Director General of Police, State of Bihar who is expected to review the entire matter and order appropriate inquiry by...

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

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...

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

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.The bench of Justice Partha Sarthy held that the remedy of arbitration is the creature of a contract and the same cannot be utilised in absence of a written agreement between the parties as...

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

Nominal Index [Citations: 2024 LiveLaw (Pat) 3-7]Ravi Shankar and Anr vs The State of Bihar and Ors 2024 LiveLaw (Pat) 03M/s Nav Nirman Construction vs The Union of India & Ors 2024 LiveLaw (Pat) 4Urmila Devi Jain & Ors vs. Ashok Kumar & Ors 2024 LiveLaw (Pat) 5Manoj Kumar Mishra vs. The State of Bihar and Ors 2024 LiveLaw (Pat) 6M/s Raj Kumar Sao Kishori Lal Sao vs The State...

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

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...

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

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...

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

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...

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

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...

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

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...

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

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...