Patna High Court Welcomes Two New Judges: Justices Nani Tagia And Gunnu Anupama Chakravarthy Sworn In

Justices Nani Tagia and Gunnu Anupama Chakravarthy were sworn in as judges of the Patna High Court in a ceremony held at Raj Bhavan on Wednesday. The oath of office was administered to both judges by Bihar Governor Rajendra Arlekar.The swearing-in event was attended by several dignitaries, including Chief Justice of the Patna High Court, Chief Justice K Vinod Chandran, and assembly Speaker...

Employee's Failure To Respond To Charges Doesn't Exonerate Department From Providing Evidence In Inquiry: Patna High Court

In a pivotal decision, the Patna High Court has overturned the dismissal of a Senior Jail Superintendent, emphasizing that mere failure of the delinquent employee to respond to charges related to financial irregularities does not absolve the department of its duty to provide evidence during the inquiry.The division bench of Chief Justice K. Vinod Chandran and Justice Rajiv Roy observed,...

Court Can Draw Adverse Inference Against Prosecution For Non-Examination Of Material Witness: Patna High Court Acquits Life Convicts

In a significant legal development, the Patna High Court, acquitted the accused persons in a murder case, setting aside their conviction. The ruling, which came in a batch of three criminal appeals, emphasized the non-examination of material witnesses and the resulting prejudice to the appellants.A Division Bench of Justice Sudhir Singh and Justice Chandra Prakash Singh observed, “in the...

Trial Court Can't Grant Bail U/S 389 CrPC To Convicts After District Appellate Court Confirms Conviction, Sentence: Patna High Court

The Patna High Court has ruled that after the District Appellate Court affirms the judgment of conviction and issues the sentence order, the trial court does not have the authority to grant bail to convicted individuals under Section 389 of CrPC.Justice Anil Kumar Sinha added that while the trial court is empowered to suspend the sentence and grant bail if it is satisfied that the...

No Fresh Suit Against Compromise Decree, Remedy Not Available Directly Cannot Be Availed Indirectly By Clever Drafting: Patna High Court

The Patna High Court has emphasized that legal remedies, if not directly available, cannot be sought indirectly through clever drafting.Justice Sunil Dutta Mishra held, “It is not in dispute that as such the plaintiff has already moved an application before the Court concerned under Order XXIII Rule 3 A CPC which passed the said decree for setting aside compromise decree and thus, plaintiff...

Supreme Court Collegium Recommends Appointment Of Two Judicial Officers As Judges Of Patna High Court

The Supreme Court Collegium comprising Chief Justice of India Dhananjaya Y Chandrachud, Justice Sanjay Kishan Kaul and Justice Sanjiv Khanna, has recommended the names of two Judicial Officers for appointment as Judges of the Patna High Court.In its resolution dated October 17, 2023, the Collegium stated that the Chief Justice of the Patna High Court in consultation with his two...

Case Arrears, Infrastructure Problems, Gender Disparity : Crisis Looms Over Bihar Judiciary

While laying down the foundation stone of the Patna High Court building on 1st December 1913, the then Viceroy and Governor General of India Lord Hardinge of Penshurst said, “I now proceed to lay this stone in full confidence upon the people of this province. I feel assured that within its walls in future days justice will be administered with courage and impartiality to the terror...

Patna High Court Weekly Round-Up: October 02 To October 08, 2023

Nominal Index [Citations: 2023 LiveLaw (Pat) 119-123]Smt. Abha Kumari vs. The State Of Bihar and Others 2023 LiveLaw (Pat) 119Deepak Mandal vs The State Of Bihar 2023 LiveLaw (Pat) 120Shri Giridhar Gopal Vs Smt. Ramavati Devi 2023 LiveLaw (Pat) 121Khusboo Kumari vs. The State of Bihar 2023 LiveLaw (Pat) 122Chandradev Yadav Vs The State of Bihar 2023 LiveLaw (Pat) 123Judgements/Orders...

Patna HC Takes Suo Moto Cognizance Of Bihar Cops Dumping Accident Victim’s Dead Body Into A Canal In Muzaffarpur

The Patna High Court on Monday took suo moto cognizance of a news report about a shocking video of 3 Bihar policemen throwing the dead body of an accident victim into a canal in the State’s Muzaffarpur district. Quoting British statesman William Ewart Gladstone, a division bench of Chief Justice K. Vinod Chandran and Justice Rajiv Roy expressed its disappointment with the way...

[S.27 Arms Act] Mere Recovery Of Weapon Based On Accused's Confession Insufficient, Ballistic Expert Opinion Vital: Patna High Court

The Patna High Court while overturning the convictions of eight individuals in a murder case, has opined that the mere discovery of weapons, specifically pistols and cartridges, based on the confessions of the accused, without the input of a ballistic expert, was insufficient to establish the charge under Section 27 of the Arms Act.The division bench of Justices Sudhir Singh and Chandra...

Revenue Authority Must Provide Opportunity Of Hearing Before Passing Adverse Order Against Any Party: Patna High Court

In a crucial ruling, the Patna High Court emphasized the fundamental principle of natural justice, stating that any authority under the law must issue notice to the affected party before passing any prejudicial order, and the authority should only make a decision after the affected party has had an opportunity to be heard.Justice Sandeep Kumar observed, “Any authority under law before...

[Dominus Litis] Court Can Add Parties Necessary For Proper Adjudication Of Suit Despite Resistance By Plaintiff: Patna High Court

The Patna High Court has underscored that a court can add parties in a lawsuit if deemed necessary for effective adjudication, regardless of the plaintiff's preferences. The judgment further emphasizes that the mere addition of an intervener as a party does not inherently create an interest in the disputed property. Justice Sunil Dutt Mishra observed, "Mere addition of the intervenor as a...