Patna High Court
POCSO Act | Imperative For IO To Inquire Into Victim's Age; Medical Opinion/Self-Assessment No Sure Grounds: Patna High Court
The Patna High Court has observed that the Investigating Officer must ascertain the age of the victim in cases falling under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). The court added that relying solely on medical opinion and self-assessment is not a reliable method for determining a person's age. The division bench comprising Justice Ashutosh Kumar and Justice...
All Orders By Court/ Tribunal Including Ex Parte Are Amenable To Writ Jurisdiction U/Art 226 & 227 Of Constitution: Patna HC
The Patna High Court has observed that any order or judgment issued by a Court or Tribunal, even if done ex parte, can be subjected to the writ jurisdiction under Articles 226 and 227 of the Constitution.Referring to the Supreme Court's 2020 decision in the case of N. Mohan Vs. R. Madhu, Justice Harish Kumar observed, “The analogy, which is deducible from the judgments referred...
PIL In Patna High Court Alleges Gross Mismanagement Of Health & Education Cess Funds Since 2008
A plea has been filed in the Patna High Court, urging the court's intervention to address the critical issue of non-utilization and mismanagement of funds collected under the Health and Education cess, formerly known as the Secondary and Higher Education Cess, since 2008.Advocate Shama Sinha, the petitioner, argued that the failure to appropriately utilize these funds has adversely...
Patna High Court Grants Relief to Cooperative Society, Rules Solid Waste Management Activity Exempt from BGST
In a recent legal development, the Patna High Court has ruled in favor of a Cooperative Society registered under the Bihar Goods and Services Tax Act, 2017 (BGST Act), stating that the Solid Waste Management Activity undertaken by the petitioner is exempt from BGST. The court quashed assessment orders and demand notices against the Cooperative Society, emphasizing that there is no supply of...
BHRC & BSLSA Organise Legal Awareness Program On Human Rights For Bihar Jail Inmates To Celebrate Human Rights Day
On December 10, 2023, the Human Rights Commission and Bihar State Legal Services Authority (BSLSA) took a pioneering step towards promoting legal awareness on the human rights of prisoners across all 59 Jails in Bihar.The initiative received commendation and approval from Chief Justice K. Vinod Chandran, Patron in Chief of BSLSA and Chief Justice of Patna High Court, Justice Chakradhari...
National Lok Adalat Concludes Successfully In Bihar: Over 86,000 Cases Resolved
Under the guidance of Justice K. Vinod Chandran, Chief Justice, Patna High Court, cum Patron in Chief, Bihar State Legal Services Authority, Patna (BSLSA), and Justice Chakradhari Sharan Singh, Executive Chairman, BSLSA, Patna, the fourth and final National Lok Adalat of the year 2023 concluded on 09.12.2023.Both justices visited Civil Courts at Banka and Bhagalpur and Sub-division at...
Mere Membership Of A Banned Organization Doesn't Justify Bail Rejection When Trial Is Anticipated To Prolong: Patna HC
In a recent ruling, the Patna High Court has said that mere membership in a banned organization shouldn't be reason enough to deny bail, particularly when the trial is anticipated to be prolonged.The division bench of Justices Ashutosh Kumar and Alok Kumar Pandey said, “Merely being a member of a banned organization, would not justify rejection of bail when the Trial is likely to continue for...
'Providing Legal Help To PFI Cadre Not A Terriorist Act': Patna HC Grants Bail To Advocate Accused Of Endangering Security Of India
The Patna High Court has held that offering legal assistance to banned organizations (such as Popular Front of India cadre) or interviewing candidates for selecting them for giving scholarships would never fall in any one of the proscribed categories of the Terrorist Acts under the Unlawful Activities (Prevention) Act, 1967. Furthermore, the court emphasized that mere membership in a...
Candidates With B.Ed. Not Eligible For Primary School Teaching Jobs: Patna High Court
The Patna High Court, while allowing a set of writ petitions challenging a 2018 notification by the National Council of Teacher Education (NCTE), has ruled that candidates holding Bachelor of Education (B. Ed.) qualifications cannot be deemed eligible for appointment as primary school teachers.The division bench comprising Chief Justice K. Vinod Chandran and Justice Rajiv Roy observed,...
Transfer Of Property Act | Unregistered Sale Deed Admissible As Evidence For Considering Relief Of Specific Performance: Patna HC
The Patna High Court recently ruled that an unregistered sale agreement remains admissible as evidence in a lawsuit seeking specific performance of the agreement.Justice Sunil Dutta Mishra observed, “It is clear from the above that even where the sale agreement is not registered, the document can be received as evidence for considering the relief of specific performance and the...
Bihar Municipal Elections Reservation Challenge | High Court Lists Matter For Final Hearing On January 2
The Patna High Court has set January 2, 2024, as the date for the final hearing on a case challenging the recently conducted Bihar Municipal elections. The petitioners allege non-compliance with the mandatory "triple test" preceding reservation decisions for Municipal Elections in the state.[Notably, the Triple-Test Formula was laid down by the Supreme Court in 2010 in the case of Dr K...
Patna High Court Monthly Digest - November 2023
Nominal Index [Citations: 2023 LiveLaw (Pat) 128-139]M/s Cohesive Infrastructure Developers Pvt. Ltd vs The Central Board of Indirect Taxes and Customs and Ors 2023 Livelaw (Pat) 128M/s S K Construction and Company vs vs The State of Bihar and Ors 2023 Livelaw (Pat) 129 Mostt. Jaymanti Dev vs The State of Bihar and Ors 2023 LiveLaw (Pat) 130Siwan Zila Mukhiya Sangh through its Chairman...