Patna High Court Upholds Forfeiture Of Senior SBI Official’s Gratuity, Says Irregularities Weren't Mere Lapses But Deliberate Acts For Personal Gain

Dismissing an appeal challenging the forfeiture of entire gratuity of a senior State Bank of India (SBI) officer, the Patna High Court said no other punishment could have been awarded to him for the proved charges against him. The bank official was accused of serious irregularities. The division bench comprising Justice Ashutosh Kumar and Justice Harish Kumar observed,"A senior officer of...

‘Not A Case Of People Suffering Due To Any Area Being Inaccessible’: Patna High Court Closes PIL Seeking Construction Of Road In Kaimur

Observing that it is not a case where people are suffering due to any area being inaccessible, the Patna High Court recently closed a Public Interest Litigation (PIL) seeking directions for construction of a public road in Kaimur district."Though further development of a road or road connectivity is an important facet of convenience for general public at large, we cannot lose sight of the...

Bihar Municipal Polls 2022| What Yardsticks Were Adopted By Dedicated Commission For Fulfilling 'Triple Test'?: High Court Asks State Govt

Hearing a writ plea challenging the Bihar Municipal Polls 2022 and the report of the dedicated Commission constituted by the state government to study the representation of Other Backward Classes (OBCs) in urban local bodies, the Patna High Court last week sought Bihar Government's affidavit on several issues.The Bench of Justice Satyavrat Verma asked the state to specify on what basis...

When Girl Child Doesn’t Appear To Be Comfortable With Mother, Necessary For Court To Consider & Grant Custody To Father: Patna High Court

The Patna High Court has said that if a girl child expresses discomfort with staying with her mother, even if it is a temporary circumstance, it is a very necessary ground to be factored in for the Family Court to opine and direct that the girl shall stay with her father. The Division Bench of Justices Harish Kumar and Ashutosh Kumar observed: “The Court exercising...

Pension And Other Retirement Benefits Valuable Right, Delay In Disbursement Must Be Compensated By State: Patna High Court

In a recent ruling, the Patna High Court has allowed a writ petition seeking payment of pension arrears of the petitioner’s late husband along with statutory and penal interest for the period between March, 2009 to June, 2017 from the Water Resources Department.BackgroundThe petitioner's late husband was appointed as a Correspondence Clerk in the Water Resources Department in 1968 and...

Patna High Court Seeks Airport Authority Of India's Report On Illegal Encroachment Of Lands Meant For Airports In Bihar

The Patna High Court, while hearing a matter concerning the establishment, development, expansion and security of airports in the state, directed the Airport Authority of India to file an affidavit regarding encroachments over the lands meant for three airports — Forbesganj-Jogbani, Raxaul, and Muzaffarpur.During the last hearing, the court had directed all the District Magistrates in Bihar...

Patna High Court Criticizes POCSO Court For Hasty Trial And Sentencing Accused In A Single Day [VIDEO-HINDI]

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Patna High Court Criticizes "Ugly Haste" Of POCSO Court Which Conducted Entire Trial And Sentenced Accused In A Single Day, Orders Fresh Trial

The Patna High Court has recently quashed and set aside a trial court’s order imposing life sentence on an accused convicted for offences under the Protection of Children from Sexual Offences Act, 2012 (POCSO).A bench comprising Justices AM Badar and Sandeep Kumar criticized the "ugly haste" shown by the trial court in disposing of the case in one day itself. It observed,"On the day of...

[Land Allotment] Entrepreneurs Setting Up Industry Should Be Given Opportunity To Start Production: Patna High Court

The Patna High Court recently granted partial relief to an entrepreneur whose land allotment was cancelled by Bihar Industrial Area Development Authority citing failure to start production after setting up of industry in Muzaffarpur.The Court took on record petitioner's undertaking to start production in 60-90 days.A bench comprising Justice Sanjeev Prakash Sharma observed,“any...

Reasons In Show-Cause Notice Must Clearly Outline Grounds On Which Action Under Rules Is Proposed: Patna High Court Restores PDS License

The Patna High Court recently has quashed and set-aside the impugned orders cancelling the petitioner's PDS licence, citing violation of principles of natural justiceA bench comprising Justice Sanjeev Prakash Sharma observed, “The reasons must be set forth in the show-cause notice clearly outlining the various grounds on which the action under the Rules is proposed. In the absence of...

File Appeal Once Tribunal Is Constituted: Patna High Court Allows Assessee To Prefer Appeal Outside Limitation Period

The Patna High Court has allowed the petitioner assessee to file an appeal under Section 112 of the Bihar Goods and Services Tax Act 2017 (BGST Act) outside the period of limitation as envisaged under the Act since the impugned order preventing the assessee from availing the benefit of stay on the recovery of balance GST amount was passed when the Appellate Tribunal was not constituted in...

Banks Have Exclusive Domain On Their Treasury, Discretion To Release Loan Subject To Their Satisfaction, Can't Issue Writ: Patna High Court

In a recent ruling, the Patna High Court dismissed a writ petition seeking a writ of mandamus to direct the Bank authorities to sanction a loan amount of Rs. 25 lakhs.A single judge bench comprising Justice Sanjeev Prakash Sharma held that a writ petition seeking mandamus to release a loan amount from a Bank was not maintainable as Banks have an exclusive domain on their treasury and also...