Arms License Can't Be Canceled On Mere Registration Of FIR : Patna High Court Reiterates

The Patna High Court has reiterated that mere registration of a First Information Report (“FIR”) against a person cannot be a ground to cancel his/her Arms License. The bench comprising Justice Mohit Kumar Shah heard a case where the petitioner's arms license was canceled by the District Magistrate, Supaul after finding that an FIR was registered against the petitioner. According to the...

S.52 Transfer Of Property Act | Court Can Permit Party In Pending Partition Suit To Sell Its Share Of Land To Meet Medical Expenses: Patna HC

The Patna High Court recently ruled that if a party seeks to sell the land it is likely to receive after partition- to cover medical expenses for his daughter and himself, his request should be considered and not dismissed solely on the grounds that such a sale would be affected by Section 52 of the Transfer of Property Act.Justice Arun Kumar Jha, who presided over the case, emphasized, “If...

S.126(2) CrPC | Family Court Must Satisfy Itself Of Party's 'Wilful' Absence Before Proceeding Ex-Parte In Maintenance Proceeding: Patna HC

The Patna High Court has, while setting aside a Family Court's ex-parte maintenance order under Section 126(2) CrPC in favour of the wife, held that before proceeding ex parte, the Magistrate must be satisfied that the person against whom the maintenance order is proposed is wilfully avoiding service or wilfully neglecting to attend court.Justice Arvind Singh Chandel presiding over the...

Daily Wage Employment Through “Backdoor Entry” Creates No Right To Regularization Even After Decade Of Service: Patna High Court Dismisses LIC Workers' Plea While Clarifying Regularization Principles

Patna High Court: Justice Dr. Anshuman dismissed a writ petition seeking regularization of daily wage workers employed by the Life Insurance Corporation of India (LIC) on the ground of non-joinder of LIC as a party. The petition was filed by several daily wage workers claiming over ten years of service with the LIC. The court held that the petition was defective as LIC, a necessary...

Even A Time-Barred Claim Can Be Introduced By Amendment If Trial Hasn't Commenced: Patna High Court

The Patna High Court, while disposing of a petition filed under Article 227 of the Constitution, challenging an order passed by the Munsif, upheld the order allowing an amendment petition under Order VI Rule 17 of the Code of Civil Procedure, 1908, for amending the plaint, while acknowledging that although the amendment appeared to introduce a time-barred claim, considering the early stage of...

'Deposing Capacity' Of Child Witness Not Tested Before Taking Evidence: Patna HC Nixes Man's Conviction For Sexually Assaulting Minor Girl

While allowing an appeal against an order convicting a man for sexually assaulting a 5-year-old girl in 2019, the Patna High Court said that the evidence of the child who witnessed the alleged incident and supported the prosecution's case was not reliable as Trial Court had not tested the child's "capacity to depose" prior to his deposition. The high court further said that the prosecution...

Patna High Court Nixes Trial Court's Order Dismissing Plea For Amendment Of Plaint In Title Suit, Says Issue Of Limitation Is Disputed

The Patna High Court, while allowing a petition under Article 227 of the Constitution of India to set aside an order passed by the Munsif court in a Title Suit, said that the issue of limitation, being disputed, could be addressed after permitting the amendment of the plaint which was sought within the limitation period. The high court said that the suit was presently at the stage of...

Defendants Cannot Benefit From Own Wrong, After Alienating Partition Suit Property And Oppose Impleadment Of Purchasers: Patna HC

While quashing a trial court order which had rejected the addition of subsequent purchasers as defendants in a partition suit, the Patna High Court observed that the defendant parties cannot benefit from their own wrongful actions particularly after creating third-party interests during the pendency of the suit.A single judge bench of Justice Arun Kumar Jha in its order said, “The...

Patna High Court Orders Appointment Of Regular Principal For Gaya College Being Run By Professor-In-Charge Since 2017

The Patna High Court recently directed the authorities including Magadh University and its the vice-chancellor, to appoint within two months a regular principal for Mirza Ghalib College, Gaya, which has been functioning with a Professor-in-charge acting as a principal since seven years. A single judge bench of Justice Nani Tagia, emphasised that a college cannot continue to function through...

Patna High Court Quashes Sub Registrar's Dismissal, Reiterates Article 311 Protections Against Arbitrary Removal

The Patna High Court bench of Justice Bibek Chaudhuri reversed the dismissal of Ram Pravesh Chauhan, a Sub Registrar from Nalanda's Hilsa Sub Registry Office. It cited an absence of adequate evidence in the disciplinary proceedings, while reiterating the protections under Article 311 of the Constitution, which prevents arbitrary dismissal by ensuring that only the appointing authority, or...

In Absence Of An Express Agreement Waiving Applicability Of S.12(5) Of Arbitration & Conciliation Act, Arbitration Clause Becomes Otiose: Patna HC

The Patna High Court bench of Chief Justice K. Vinod Chandran has held that the arbitration clause became otiose by reason of the substitution of Section 12 of the Arbitration and Conciliation Act, 1996 by Act 3 of 2016, which made the Engineer-in-Chief or the administrative head of the Public Works Division ineligible to be appointed as an arbitrator and disentitled from appointing...

CID Itself Dependent On Govt & Other Agencies, Has Little Resources: Patna High Court While Transferring Missing Girl Probe To CBI

Taking a firm stance against the Muzaffarpur police for its failure to recover a college student who was allegedly abducted nearly two years ago, the Patna High Court has now transferred the case to the Central Bureau of Investigation (CBI).The case which was initially registered under Sections 363 (Punishment for kidnapping) and 365 (Kidnapping or abducting with intent secretly and wrongfully...