Patna High Court
Order Holding Regularisation Of Service Illegal 5 Yrs After Retirement Was Unjustified: Patna HC Provides Relief To Padmabhushan Singer Sharda Sinha
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...
Patna High Court Imposes Fine Of Rs. 5,000 On GST Officer For 'Forcible And Illegal Recovery' Amid Non-Functional GST Tribunal
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...
Patna HC Quashes FIR Against Professor Falsely Accused Of Failing To Join Exam Evaluation Centre, Imposes 25K Cost On State Board For 'Harassment'
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.Justice...
Patna High Court Records 112.12% Case Clearance Rate In 2023; District Judiciary Records 84.56%
The Patna High Court has exhibited commendable efficiency in case disposal, and managed to clear a substantial number of cases filed in the year 2023.According to official statistics, the High Court successfully disposed of 138,845 cases out of the 123,830 cases instituted during the year, resulting in an impressive Case Clearance Rate (CCR) of 112.12%.Comparing this to the previous year, the...
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...