Candidates With B.Ed. Not Eligible For Primary School Teaching Jobs: Patna High Court

The Patna High Court, while allowing a set of writ petitions challenging a 2018 notification by the National Council of Teacher Education (NCTE), has ruled that candidates holding Bachelor of Education (B. Ed.) qualifications cannot be deemed eligible for appointment as primary school teachers.The division bench comprising Chief Justice K. Vinod Chandran and Justice Rajiv Roy observed,...

Transfer Of Property Act | Unregistered Sale Deed Admissible As Evidence For Considering Relief Of Specific Performance: Patna HC

The Patna High Court recently ruled that an unregistered sale agreement remains admissible as evidence in a lawsuit seeking specific performance of the agreement.Justice Sunil Dutta Mishra observed, “It is clear from the above that even where the sale agreement is not registered, the document can be received as evidence for considering the relief of specific performance and the...

Bihar Municipal Elections Reservation Challenge | High Court Lists Matter For Final Hearing On January 2

The Patna High Court has set January 2, 2024, as the date for the final hearing on a case challenging the recently conducted Bihar Municipal elections. The petitioners allege non-compliance with the mandatory "triple test" preceding reservation decisions for Municipal Elections in the state.[Notably, the Triple-Test Formula was laid down by the Supreme Court in 2010 in the case of Dr K...

Patna High Court Monthly Digest - November 2023

Nominal Index [Citations: 2023 LiveLaw (Pat) 128-139]M/s Cohesive Infrastructure Developers Pvt. Ltd vs The Central Board of Indirect Taxes and Customs and Ors 2023 Livelaw (Pat) 128M/s S K Construction and Company vs vs The State of Bihar and Ors 2023 Livelaw (Pat) 129 Mostt. Jaymanti Dev vs The State of Bihar and Ors 2023 LiveLaw (Pat) 130Siwan Zila Mukhiya Sangh through its Chairman...

Patna HC Seeks State Govt's Response On PIL Challenging Law Increasing Reservation To 65%, Refuses Interim Stay

Admitting a Public Interest Litigation (PIL) plea challenging the recent amendment passed by the Bihar Legislature to increase the reservation for Backward Classes, Extremely Backward Classes, Scheduled Castes, and Scheduled Tribes from the existing 50% to 65%, the Patna HC has sought the reply of the state government in the matter within 4 weeks.A bench of Chief Justice K Vinod Chandran...

Patna High Court Weekly Round-Up: November 20 To November 26, 2023

Nominal Index [Citations: 2023 LiveLaw (Pat) 132-139]Dasrath Ram Vs. The State Of Bihar 2023 LiveLaw (Pat) 132 Rakesh Kumar Alias Rakesh Kumar Singh Alias Raku vs. The State of Bihar and Others 2023 LiveLaw (Pat) 133M/s. Vishwanath Iron Store vs. The Union of India LL Citation: 2023 LiveLaw (Pat) 134M/s Punit Kumar Choubey vs. The Commissioner, Commercial Tax, and Others 2023 LiveLaw...

PIL In Patna High Court Challenges Bihar Law Increasing Reservation To 65%; Says SEBC Quota Need Not Be Proportionate To Population

A Public Interest Litigation (PIL) has been filed in the Patna High Court challenging the recent amendment passed by the Bihar Legislature to increase the reservation for Backward Classes, Extremely Backward Classes, Scheduled Castes, and Scheduled Tribes from the existing 50% to 65%.The petition challenges constitutional validity of the Bihar Reservation (for Scheduled Castes, Scheduled...

Section 34(2) POCSO Act | Trial Court Bound To Determine Victim's Age: Patna High Court

The Patna High Court has emphasized that Trial Courts must determine the age of the victim in accordance with Section 34(2) of the Protection of Children from Sexual Offences (POCSO) Act, 2012. The Court gave the above ruling while allowing an appeal filed by rape accused against the judgment of conviction passed by the Additional Sessions Judge.A Division Bench comprising Justices...

Patna High Court Annuls Hindu Marriage Noting Man Was Forced To Apply Sindur At Gunpoint, Emphasizes Saptapadi Significance

In a significant judgement, the Patna High Court has ruled that the mere application of sindoor (vermilion) on a woman's forehead under coercion does not constitute a valid marriage under Hindu law. The Court emphasized that a Hindu marriage must be consensual and involve the customary 'saptapadi,' where the bride and groom complete seven rounds around a sacred fire for the union to be...

Patna High Court Acquits Man In 18-Yr-Old Murder Case, Says Questions Put To Accused U/S 313 CrPC Can't Be Mere Formality

In a notable development, the Patna High Court has acquitted a man, who had been convicted and sentenced in connection with a murder case dating back 18 years citing procedural lapses and failure on the part of the prosecution.The Court, while expressing concern over the lack of diligence in the trial court's proceedings, observed that the examination of the accused under Section 313 of the...

Investigative Perfunctoriness Not Grounds For Case Dismissal, Specially In View Of Clear And Cogent Evidence Of Victim Herself: Patna High Court Upholds Verdict in Conviction of Father for Rape of Minor Daughter

In a recent ruling, the Patna High Court while dismissing the appeal filed by a man convicted of raping his minor daughter, observed that prosecution case cannot be completely discarded merely because the investigation was perfunctory when there is clear and cogent evidence of the victim herself.The Division Bench comprising of Justice Ashutosh Kumar and Justice Alok Kumar Pandey observed,...

Parties Cannot Deem SGST And CGST As IGST Without Compliance With Taxation Enactment Provisions: Patna High Court

The Patna High Court has dismissed the writ petition filed by Vishwanath Iron Store, a partnership firm registered under the Bihar State Goods and Services Tax Act, seeking correction of a GST invoice for the purpose of availing input tax credit, while stating Understanding between parties cannot supersede the provisions of taxation laws.Chief Justice K. Vinod Chandran and Justice Rajiv...