'Investigating Officer Made No Sincere Efforts To Trace Child': Patna High Court Orders CID To Reinvestigate 11 Yrs Old Kidnapping Case

The Patna High Court has ordered the State Crime Investigation Department (CID) to re-investigate an 11-year-old kidnapping case involving a boy, then aged 5 years, from Bihar’s Siwan district. The decision comes after court noted that the Investigating Officers and the supervising authorities made no sincere efforts to find out the kidnapped boy or the accused persons.Justice Anil Kumar...

Patna High Court Weekly Round-Up: August 28 To September 3, 2023

Nominal Index [Citations: 2023 LiveLaw (Pat) 99-103]Shankar Kumar vs. The State of Bihar and Anr 2023 LiveLaw (Pat) 99 Satyam Abhishek vs State of Bihar and Others 2023 LiveLaw (Pat) 100Noor Alam Khan vs. The State of Bihar and Others 2023 LiveLaw (Pat) 101Arun Kumar Singh Alias Arun Singh vs. Nirmala Devi 2023 LiveLaw (Pat) 102Assistant Commissioner of Income Tax Versus Satish Kumar Keshri...

Entering Into Second Marriage Even With Wife's Consent May Constitute Cruelty: Patna High Court

The Patna High Court has held that entering into a second marriage, even with the consent of the first wife, may constitute cruelty to the first wife, thereby giving her reason to live separately and giving cause of action to file complaint cases under Section 498A of the IPC.The division bench of Justices Jitendra Kumar and PB Bajanthri observed, “As such, even lodging of criminal cases...

Violates Minority Institution's Rights U/Article 30: Patna HC Reads Down Amendment Requiring Selection Committee "Approval" For Appointing Teachers

In a significant verdict, the Patna High Court has ruled that affiliated and minority educational institutions in the state of Bihar will now only need to consult their respective university administration rather than seeking "approval" in matters related to the appointment, promotion, dismissal, discharge, removal from service and termination of service or demotion of teachers .The...

Sahara Refund: Patna High Court Grants Pre-Arrest Bail To Agent Booked For Non-Repayment Of Maturity Amount To Depositor

The Patna High Court has granted pre-arrest bail to Shankar Kumar, an agent of Sahara Credit Co-operative Society Limited who is accused of not re-paying the matured amount of the depositors including complainants. Kumar is booked for offences punishable under Sections 323, 341, 406, 420, 504, and 506 of the Indian Penal Code, along with Section 34.Justice Purnendu Singh granted anticipatory...

'State Better Placed To Decide On Such Stipulations': High Court Dismisses PIL Challenging Selection Process Of Bihar Police Constables

The Patna High Court has dismissed a Public Interest Litigation (PIL) challenging the notification for the selection of candidates to the positions of constables in the Bihar Police and Bihar Special Armed Police. A division bench of Chief Justice K. Vinod Chandran and Justice Partha Sarthy observed, “We do not find any arbitrariness in fixing a cut-off date for acquisition of qualification...

No Assessment U/S 153A In Absence Of Incriminating Material Unearthed During The Course Of Search: Patna High Court

The Patna High Court has held that completed assessments can be interfered with by the Assessing Officer while making the assessment under Section 153A only on the basis of some incriminating material unearthed during the course of the search.The bench of Chief Justice K. Vinod Chandran and Justice Partha Sarthy has upheld the Tribunal’s Order and observed that the Tribunal was perfectly...

Patna High Court Weekly Round-Up: August 21 To August 27, 2023

Nominal IndexReshma Prasad vs. State of Bihar and Others 2023 LiveLaw (Pat) 94Veterans Forum for Transparency in Public vs The State of Bihar and Others 2023 LiveLaw (Pat) 95M/s Aastha Enterprises vs The State of Bihar and Another 2023 LiveLaw (Pat) 96Nisha Gupta vs. Uday Chand Gupta 2023 LiveLaw (Pat) 97Judgements/Orders This Week'Transgender Not A Caste Identity, Every Individual Should...

'No Concern For Wife': Patna High Court Revokes Divorce Granted To Man Who Left House And Started Living At RSS Office

On Friday, the Patna High Court set aside a judgment of the family court granting a divorce decree in favour of the Husband as it noted that he had failed to prove the ground of cruelty purportedly committed by his wife against him. The Court added that in fact, cruelty had been committed against the wife as the husband had left his house and started residing in the office of RSS.In its...

‘Purchasing Dealer Cannot, Without Credit In His Account, Claim Input Tax Credit If Selling Dealer Fails To Comply With The Statutory Requirement': Patna High Court

The Patna High Court recently ruled that Input Tax Credit (ITC) should be regarded as a benefit or concession rather than an inherent right granted to taxpayers within the framework of the law. The court's decision emphasized that the availability of ITC to a purchasing dealer is contingent not only upon the seller's tax collection but also on the seller's proper remittance of the collected...

Politician Not Disabled From Being Appointed As State Food Commission Chairman: Patna High Court

While observing that there can be no disability found in a politician for appointment to the post of a Chairperson of Food Commission, the Patna High Court has dismissed a Public Interest Litigation (PIL) contesting the appointment of Vidyanand Vikal as the Chairman of the Bihar State Food Commission.The PIL was filed by the Veterans Forum for Transparency in Public Life, which sought...

Supreme Court Collegium Recommends Transfer Of Justice Nani Tagia To Patna High Court, Declines Request For Alternate Posting

On Thursday, the Supreme Court Collegium recommended the transfer of Justice Nani Tagia from the Gauhati High Court to the Patna High Court.The Collegium consisted of Chief Justice of India Dhananjaya Y Chandrachud, Justice Sanjay Kishan Kaul, Justice Sanjiv Khanna, Justice B R Gavai and Justice Surya Kant.On 23 August 2023, the Collegium had proposed the transfer of Justice Tagia to the...