Patna High Court Directs DGP To Review Letter Stating SHO Will Be ‘Deemed Guilty’ If Illicit Liquor Is Recovered From Police Station Area

The Patna High Court has directed the Bihar Director General of Police (DGP) to review a letter dated 24-11-2020, addressed to all Senior Superintendent of Police (SSP), which contains a clause stating that in case of recovery of illicit liquor in an area, the concerned Station House Officer (SHO) and Chowkidar will be ‘deemed guilty’ for not collecting the information and taking...

[Caste-Survey Stay] 'Survey Not Set Aside, Only Further Work & Dissemination Of Info To Political Parties Stayed': Patna HC Clarifies

The Patna High Court has clarified that in its May 4 order, it has not set aside the entire ‘Caste-based Survey’, 80% work of which has been completed and that it has only stayed the further work of the survey and has also stayed dissemination of the information collected to the political parties.The bench of Chief Justice K. Vinod Chandran and Justice Madhuresh Prasad observed thus on May...

Stay On Caste-Based Survey In Bihar| Patna High Court Rejects State Govt's Plea To Prepone Hearing In The Matter

The Patna High Court today REJECTED Bihar Government's application praying to prepone hearing in the writ pleas challenging the caste-based survey in State. It may be noted that hearing the said pleas on May 4, the HC, while putting an interim stay on the caste-based survey, posted the matter for hearing on July 3. Now, seeking an early hearing in the matter, the Bihar Government last week...

Stay On Caste-Based Survey In Bihar| 'No Need To Keep Matters Pending': State Govt Seeks Early Hearing Before Patna High Court

The Bihar Government has moved the Patna High Court seeking an early hearing in the writ pleas challenging the caste-based survey in State. The State Government has said that no purpose would be served in keeping the matter pending.It may be noted that hearing the said pleas on Thursday, the HC, while putting an interim stay on the caste-based survey, posted the matter for hearing on...

Arbitration Agreement Executed By Joint Venture Can’t Be Invoked By Its Constituents: Patna High Court

The Patna High Court has ruled that an arbitration agreement executed by a Joint Venture cannot be invoked by the constituents of the said Joint Venture, since they cannot be considered as a party to the arbitration agreement. While dealing with a petition under Section 11 of the Arbitration and Conciliation Act, 1996 (A&C Act) seeking appointment of arbitrator, the bench of...

Centre Notifies Transfer Of Justice Annireddy Abhishek Reddy From Telangana High Court To Patna High Court

The Central Government on Thursday notified the transfer of Justice Annireddy Abhishek Reddy From Telangana High Court To Patna High Court. A notification issued in this regard reads thus:"In exercise of the power conferred by clause (1) of Article 222 of the Constitution of India, the President, after consultation with the Chief Justice of India, is pleased to transfer Shri Justice...

State Has No Power To Conduct A Caste-Based Survey, Sharing Its Data With Political Parties A Matter Of 'Great Concern': Patna HC

"The State has no power to carry out a caste-based survey, in the manner in which it is fashioned now, which would amount to a census, thus impinging upon the legislative power of the Union Parliament," the Patna High Court today observed as it put an interim stay on a caste-based census in the State.The bench of Chief Justice K. Vinod Chandran and Justice Madhuresh Prasad also called it a...

BREAKING | Patna High Court Puts An Interim Stay On State Govt's Decision To Conduct Caste-Based Census In Bihar

Hearing a plea challenging the Bihar Government’s decision to conduct a caste-based census in the State, the Patna Court today, in an interim order, stayed the census.The Court prima facie said that caste-based survey amounts to a census which the State Government has no power to carry out."Prima facie, we are of the opinion that the State has no power to carry out a caste-based survey, in...

Judge May Be Subjected To Disciplinary Action For Wrong Judgment Only If There Is "Definite Evidence" Of Extraneous Considerations: Patna High Court

“Putting a Judicial Officer to a departmental proceeding for a wrong order does not serve as a panacea for any ill which is being faced by the judiciary or for that matter any department of the Government. In fact, reckless proceeding only lowers the morale of the judiciary,” said the Patna High Court while granting relief to a woman judicial officer facing charges...

PIL In Patna HC Challenges State Govt’s Move To Amend Rule Under Prison Manual Concerning Early Release Of Life Convicts

A Public Interest Litigation (PIL) plea has been moved before the Patna High Court seeking to quash a circular issued by the Home Department (Prison), Bihar Government, on April 10, amending Rule 481 (i)(a) of Bihar Prison Manual, 2012 which deals with the early release of convicts serving life imprisonment. For context, the said rule forbade, among other things, the early release of...

Health Centre's Location Essentially Issue Of Executive Policy: Patna High Court Dismisses PIL For Additional PHC On Land Identified By Gram Sabha

While dismissing a PIL seeking a direction for construction of the Additional Primary Health Centre at village Nerthua under Nerthua Panchayat on the land selected by the Gram Sabha, the Patna High Court said that a decision as to where a healthcare centre should be located is essentially an issue of executive policy and the court cannot interfere with it.The petitioners had argued that a...

Can't Ascertain Veracity Of Marriage Certificate In Extraordinary Writ Jurisdiction, Approach Competent Court For Declaration: Patna High Court

The Patna High Court has held that a marriage certificate obtained under the Special Marriage Act, without proof of the fact that it was finally entered into the marriage certificate book as provided under Chapter III of the Special Marriage Act, is a mere "evidence of marriage" and not "proof of marriage in accordance with the Act".The bench of Justice Purnendu Singh held, “Section 18 of...