After His Acquittal In FIR Alleging Forgery Of Marksheet, Patna High Court Asks Authorities To Consider Ex-Health Manager’s Claim For Reinstatement

The Patna High Court has directed the authorities to consider the case of an employee who was terminated from his service due to alleged forgery of a marksheet but was later acquitted by the trial court in the related criminal case.The division bench of Justices Harish Kumar and Ashutosh Kumar observed that,“The engagement of the appellant was dispensed with only on account of discovery...

'Modi Thieves' Remark| High Court Stays Defamation Proceedings Against Rahul Gandhi Pending In Patna Court Till May 15

The Patna High Court today stayed proceedings pending before the Patna court in a criminal defamation case against Congress leader Rahul Gandhi filed by the Rajya Sabha MP Sushil Kumar Modi in Patna Court over his 'Modi-Theives' remark, till May 15.The bench of Justice Sandeep Singh passed this order in a quashing petition moved by Gandhi in the year 2019. The matter was mentioned before...

'Modi Thieves' Remark| 'Defamation Case Pending In Patna Court Hit By Double Jeopardy Doctrine', Rahul Gandhi Submits In High Court

An affidavit has been filed on behalf of Rahul Gandhi before the Patna High Court contending that the Defamation case filed against him by Rajya Sabha MP Sushil Kumar Modi in Patna Court over his 'Modi-Theives' remark, is hit by the doctrine of “double jeopardy”.It may be noted that the supplementary affidavit has been filed in the quashing plea filed by Rahul Gandhi in the year...

Bihar Industrial Investment Promotion Policy Does Encourage Manufacturing Industries But No Bar On Establishment Of Other Industries: Patna High Court

The Patna High Court recently allowed a writ petition of M/S Kaveri Liquors (P) Ltd. for change of nature of its industry to a 'hotel industry' on the land allotted by Bihar Industrial Area Development Authority (BIADA). The bench of Justice Sanjeev Prakash Sharma observed:“The nature of an industry has not been limited to a particular field under the Act. Of course, the Policy, 2016...

Patna High Court Dismisses Appeal Seeking Benefit Of Pension Scheme For Employees Of Bihar Industrial Area Development Authority

Dismissing a plea of the employees of Bihar Industrial Area Development Authority (BIADA) for grant of pension, the Patna High Court said that notwithstanding the fact that under the BIADA Act, it is stipulated that every employee of the BIADA would be deemed to be a Public Servant within the meaning of Section 21 of the Indian Penal Code, by no stretch of imagination it would make a...

Sub-Divisional Officer Expected To Pass Judicial Order Under Section 145 CrPC With Full Reasoning And Discussion: Patna High Court

While setting aside an order passed by Sub-Divisional Officer, Nakatiaganj, the Patna High Court held that an order passed by the authority under Section 145 CrPC is in the nature of a judicial order and not an administrative order.The bench of Justice Dr. Anshuman observed,"It transpires to this Court that passing such type of order is basically an administrative order. The officer...

Patna High Court Dismisses Husband's Plea Against Maintenance To Wife, Says Refusal To Live With Him Not Without Cause

The Patna High Court has dismissed a criminal revision petition filed by a husband against an order passed by the Additional Principal Judge, Family Court, Katihar, directing him to pay maintenance of Rs.4000/- per month to his wife and minor son. The petitioner had argued that grant of maintenance to the wife is barred under section 125(4) of the Criminal Procedure Code (CrPC) as she refused...

Prosecution Did Not Establish Victim Was Minor, Her Statement Also Quite Contradictory: Patna High Court Sets Aside Conviction In POCSO Case

The Patna High Court recently overturned the conviction of an accused in a Protection of Children from Sexual Offences (POCSO) Act case, observing that no exercise was carried out by the prosecution to establish that the victim was minor on the date of occurrence. The court also said the victim's statement is "quite contradictory" in nature on vital points. Justice Alok Kumar Pandey passed...

Removed From Job In 2019 Over Reservation Dispute, Patna High Court Says Deoria Resident Could Be Considered For Class IV Vacancy In General Category

More than three years after his appointment was cancelled by a single judge as he was found ineligible for the Class IV post revered under Backward Class category, the Patna High Court said Sessions Division at Saran could consider a Deoria resident's case against the vacancy in General category as a one time measure. Ajay Kumar Madhesiya, a Class IV employee, had been wrongly appointed under...

Protection Order Under DV Act: Section 468 CrPC Applicable Only At Cognizance Stage U/S 32 Of DV Act, Not Prior To It: Patna High Court

The Patna High Court recently said that Section 468 of CrPC (bar to taking cognizance after lapse of the period of limitation) has applicability in the matter of domestic violence only at the stage of Section 32 of Domestic Violence Act (cognizance and proof for breach of protection order) where question of taking cognizance is involved.Justice Dr. Anshuman said Section 468 of CrPC does...

Patna High Court Asks State Govt To Furnish Data On School Children With Disabilities, Availability Of Special Educators In Schools

The Patna High Court has directed the state government to furnish details of all children, having impairments as defined under the Persons with Disabilities Act, who are studying in various schools of Bihar.The division bench of Chief Justice K Vinod Chandran and Justice Madhuresh Prasad directed the Additional Chief Secretary (Education Department) to file an affidavit containing data on...

Public Land With Water Body And Temple Cannot Be Settled In Anyone's Favour: Patna High Court

The Patna High Court has said that a piece of land with a water body and a temple on it cannot be settled in anyone's favour even though it may be gairmazarua public land. The division bench of Justices Ashutosh Kumar and Harish Kumar observed:“When a water-body, which is used by the public in general, and a temple, which is accessible to all the devotees, stand on the land, even though it...