Unilateral Reduction Of Pension Benefits Without Notice Violates Natural Justice; Patna HC Protects Retirees' Rights

Patna High Court: A Single Judge Bench of Justice Harish Kumar upheld the rights of retired non-teaching staff of L.N. Mithila University to receive full Assured Career Progression (ACP) benefits and proper pension adjustments. The Court ruled that the university's unilateral reduction of retirement benefits without notice violated principles of natural justice and established pay...

Court Cannot Issue Process U/S 82 Or 83 CrPC Without Recording Satisfaction That Persons Were Deliberately Avoiding Service: Patna HC Reiterates

The Patna High Court has reiterated that issue of process of proclamation and attachment under Sections 82 and 83 of the CrPC respectively is procedurally deficient in absence of service report for summons and warrants.Justice Partha Sarthy held that trial courts must record satisfaction regarding deliberate avoidance of service, before resorting to proclamation. The single...

Concurrent Finding Of Fact Can't Be Overturned In Second Appeal U/S 100 CPC Merely Because 'Alternative View' Is Possible: Patna HC Reiterates

The Patna High Court, while dismissing an appeal under Section 100 of the Code of Civil Procedure challenging the judgement of the Additional District Judge which had upheld the decision of the Munsif in a title suit, held that a concurrent finding of fact based on evidence cannot be overturned in a second appeal merely because an alternative view could be drawn from the same...

Recognition Of Service Must Be Based On Objective Criteria, Not Extraneous Factors Like Gender: Patna HC

Patna High Court: Justice Anil Kumar Sinha ruled against the gender-based prioritization of a female Peon's service over a male employee who held a sanctioned post at a girls' school. The court found that without statutory backing, employment recognition must be based on objective criteria rather than extraneous factors like gender. Setting aside orders recognizing respondent's service, who...

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...