"Harassed To Bits": Patna High Court Sets Aside State's Unreasoned Punishment Order Against Child Development Officer

Setting aside an "unreasoned" punishment order passed by the Special Secretary of the Social Welfare Department against a Child Development Project Officer, the Patna High Court has emphasized the critical need for clear and coherent reasoning in decision-making processes.Justice Mohit Kumar Shah observed, “It is evident from the records, as narrated by the learned counsel for the...

Unprofessionalism Of Investigating Officer Doesn't Warrant Dismissal Of Prosecution Case If Evidence Of Victim, Witnesses Reliable: Patna High Court

The Patna High Court, upholding the convictions of five individuals for kidnapping under Sections 364 and 365 of the Indian Penal Code (IPC), has held that despite certain lapses in the investigation, the case of prosecution cannot be dismissed if evidence of the victim is reliable.A division bench of Justices Alok Kumar Pandey and Ashutosh Kumar observed, The contention of the learned APP...

Patna High Court Weekly Round-Up: September 25 To October 01, 2023

Nominal Index [Citations: 2023 LiveLaw (Pat) 114-118]Prushotam Yadav @ Chotu Vs. The State Of Bihar And Anr 2023 LiveLaw (Pat) 114Kumod Mandal Vs. The State Of Bihar LL Citation: 2023 Livelaw (Pat) 115Rambilash Mahto and Others vs. The State of Bihar 2023 Livelaw (Pat) 116Manoj Kumar Gupta vs. The Union of India 2023 LiveLaw (Pat) 117Rohitash Kumar Vs The State of Bihar 2023 LiveLaw...

Insufficient Evidence To Prove False Promise, Marriage Talks Held Between Families: Patna HC While Granting Bail To BSF Jawan Accused Of Rape

In a recent ruling, the Patna High Court granted anticipatory bail to a Border Security Force (BSF) Jawan accused of cheating and raping a woman under the false pretext of marriage. The accused, known to the informant for six years, was alleged to have engaged in a consensual physical relationship. The Court found no evidence suggesting the promise of marriage was false from the...

Courts Can't Interfere With Administrative Orders Unless 'Shocking': Patna High Court Refuses To Reverse CISF Personnel's Transfer

Upholding the right of a disciplined security force to transfer its personnel in the interest of better administration, the Patna High Court emphasized that transfers are inherent to the job and can only be challenged if they are punitive, malafide, or if the ordering authority does not possess the power to transfer, or if the post is non-transferable.The court expressed its reluctance...

Order Of Sessions Judge To Transfer Case Not Appealable U/S 407 CrPC: Patna High Court

The Patna High Court while providing clarification regarding the appealability of an order issued by Sessions Judges under Section 408 CrPC for the transfer of a case, has affirmed that such orders are not appealable under Section 407 CrPC.Section 408 empowers Sessions Judge to transfer cases and appeals from one Criminal Court to another Criminal Court in his sessions division. Section...

S.34(2) POCSO Act Mandatory, Trial Court Bound To Determine Victim's Age When Issue Raised By Accused: Patna High Court

The Patna High Court has overturned conviction in a case involving sexual offenses against a minor due to the failure of the trial court to determine the victim's age, after an issue in that regard was raised by the accused. The Court emphasized that it is the trial court's duty to ascertain the age of the victim, especially when it is challenged during the proceedings under Section 34(2) of...

42 Yrs After Alleged Incident, Patna High Court Sets Aside Rioting, Murder Convictions Citing "Perfunctory" Examination Of Accused U/S 313 CrPC

The Patna High Court has set aside a 27 year old rioting and murder convictions qua six persons, while underscoring the significance of conducting a thorough and impartial inquiry of the accused as per Section 313 of the Cr.P.C. The Court further observed that the omission to examine the Investigating Officer potentially harmed the defense's interests in this case.A Division Bench of...

Patna HC Directs Bihar Courts To Ensure Compliance With Supreme Court's 'Arnesh Kumar Guidelines' On Arrest

The Patna High Court recently issued a circular for all the courts under its territorial jurisdiction of this Court directing them to follow the guidelines issued by the Supreme Court in the 2014 Arnesh Kumar Judgment on arrests. The circular was issued on Tuesday in pursuance of directions of the Supreme Court of India, in the case of Md. Asfak Alam vs. The State of Jharkhand &...

PIL In Patna High Court Opposes Grant Of Tender For Street Dogs Sterilization To Organisation Allegedly Blacklisted For Animal Cruelty

The Patna High Court has sought response from the Municipal Commissioner in a PIL alleging that the tender for sterilization and vaccination of street dogs in the capital city has been allotted to an organisation which is allegedly blacklisted by other States for meting out cruelty to street dogs.The division bench comprising Chief Justice K. Vinod Chandran and Justice Partha Sarathi was...

Executing Court Can't Go Behind Decree, Aggrieved Party Must Seek Amendment Of Decree In Case Of Discrepancy With Judgment: Patna High Court

While providing clarity on the matter of executing court orders in cases where there is a discrepancy between the judgment and the decree, the Patna High Court has emphasized that when such a discrepancy exists, the executing court cannot go behind the decree, and the aggrieved party must seek an amendment of the decree.Justice Sunil Dutta Mishra observed, "In case of discrepancy between...

Civil Liability Imposed for Failing to Settle Tax Dues Due to Incorrect Input Tax Credit Claim, Attracts Penalty: Patna High Court

In a recent verdict, the Patna High Court upheld the imposition of interest and penalty on M/s Munna Traders, an assessee under the Bihar Goods and Services Tax Act (BGST Act). The penalties were enforced due to an excessive claim of input tax credit, with the Court deeming the penalty as a civil liability arising from the failure to pay the due tax, stemming from an erroneous input tax...