Judicial Order Not Justifiable In Law Does Not Automatically Imply It Was Passed For Extraneous Considerations: Patna HC Grants Relief To Retd Officer

In a significant order, a division bench of the Patna High Court has quashed and set-aside a decision of the Standing Committee of the High Court wherein the committee had imposed a punishment of permanent withdrawal of the entire pension of a retired Additional District and Sessions Judge after finding that he had passed judicial orders for extraneous considerations.A bench comprising...

Statement Recorded U/S 164 Or 161 CrPC Can't Be Treated As Substantive Evidence Without Opportunity Of Cross-Examination To Defence: Patna High Court

The Patna High Court, while acquitting an accused under the POCSO Act, has reiterated that if the defence is denied an opportunity to cross examine a witness whose statement is recorded under Section 164 or Section 161 CrPC, then such statements cannot be treated as evidence of substantive character.The bench of Justice Alok Kumar Pandey relied upon Supreme Court's decision in R. Shaji vs....

Patna High Court Constitutes Committee To Ensure Speedy Construction Of Buildings For Police Stations In Bihar

The Patna High Court has constituted a committee headed by the development commissioner of the state to ensure speedy construction of adequate police stations in the State of Bihar. A division bench of Justice CS Singh and Justice Madhuresh Prasad said, "We express our concern over the fact that in such matters which would have been normally taken care of by the Executive, this Court has...

IPS Officer Who Allegedly Got Conman To Pose As Chief Justice To Influence Corruption Probe Against Him Denied Anticipatory Bail By Patna High Court

The Patna High Court has refused anticipatory bail to IPS officer and former Superintendent of Police Aditya Kumar who had allegedly involved a conman to pose as the Chief Justice of the State in order to influence a corruption probe against him.A bench comprising Justice Anjani Kumar Sharan said there is ample evidence against Kumar in the form of electronic evidence, which establish...

Amendments In Connection With Time-Barred Claims Permissible If Special Circumstances Exist: Patna High Court

While dismissing a civil miscellaneous application, a bench of Justice Sunil Dutta Mishra of the Patna High Court held that the Court has the power to allow amendments in connection with claims that have become time-barred if special circumstances exist and it is in the interest of justice. However, no amendment will be permitted that introduces a new set of ideas to the detriment of any...

Order 6 Rule 17 CPC | Party Can’t Be Refused Relief Merely Over Inadvertence Or Infraction Of Procedural Rules: Patna High Court

A bench comprising Justice Sunil Dutta Mishra of the Patna High Court, while allowing a civil miscellaneous petition held that a party cannot be refused just relief merely because of some mistake, negligence, inadvertence or even infraction of the rules of procedure.In this case, the Civil Miscellaneous application was preferred for setting aside the order passed by Sub-Judge, Gaya in a...

Supreme Court Directs Withheld Salaries Of 7 Patna High Court Judges To Be Paid

The Supreme Court on Friday, as an interim measure, directed the release of the salaries of seven judges of the Patna High Court which had been withheld following the closing of their GPF accounts. The plea claiming that the General Provident Fund accounts of the seven judges had been closed was heard by a bench comprising Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice...

Patna High Court Says Most Law Colleges In State Lack Requisite Infra, Qualified Teachers; Seeks Reply From Chancellors

A division bench of the Patna High Court comprising Acting Chief Justice CS Singh and Justice Madhuresh Prasad has directed the Chancellor of all State Universities in Bihar to file an affidavit outlining what steps have been taken so far to streamline legal education in the State. The court passed the above order after having gone through several materials brought on record...

[Departmental Action] Court Testing Vires Of Punishment Order Is Not Appellate Authority, Can Only Test Decision Making Process: Patna High Court

A bench comprising Justice Anil Kumar Sinha of the Patna High Court has recently ruled that while examining the legality of a punishment order in a departmental enquiry, the Court should focus on identifying flaws in the decision-making process, rather than sitting upon the decision itself as an Appellate Authority. In this case, the writ application was preferred against an order...

After Trial Has Commenced, Amendments To Pleadings Cannot Be Allowed Merely To Remove Ambiguity: Patna High Court

In a recent judgement, a bench comprising Justice Sunil Dutta Mishra of the Patna High Court has held that the onus lies on the parties seeking an amendment to a suit to satisfy the Court that in spite of due diligence, they could not have raised the matter before the commencement of the trial.The court further held that amendments are not to be allowed merely because they are clarificatory...

Patna High Court Quashes Order Setting Aside PDS Shop Allotment, Rules In Favour Of Petitioner With Higher Qualification In Computer Knowledge

In a recent order passed by the Patna High Court, the Secretary's decision to set aside the allotment of a PDS shop to the Petitioner and award it to another candidate has been quashed and set aside. The Petitioner had challenged the placement of the other candidate in the provisional merit list and claimed that he was entitled to be placed at No. 1.The counsel for the Petitioner submitted...

Identify And Take Immediate Steps For Removal Of Encroachments From Lands Meant For Airport: Patna High Court To DMs

In a significant order the Patna High Court has directed all the District Magistrates (DMs) in the State to identify encroachments existing over the lands meant for total 31 airstrips and airports of Bihar and take immediate steps for their removal.A division bench of acting Chief Justice Chakradhari Sharan Singh and Justice Madhuresh Prasad while hearing a batch of 30 PILs filed by Nikhil...