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...

S.129(3) CGST Act- 7 Days Limitation Period For Passing Penalty Order After Notice To Goods Owner/ Transporter Mandatory: Patna HC

The Patna High Court has made it clear that the seven days limitation period prescribed under Section 129(3) of the Central Goods and Services Tax Act for passing an order of penalty, after notice has been issued to the goods owner/ transporter for violation of the CGST Act- is mandatory in nature. Stipulation in Section 129(3) CGST Act is that the proper officer detaining or...

Centre Notifies Appointment Of Two Judges Of Patna High Court

The Central government on Tuesday notified the appointment of two judicial officers as Patna High Court judges.They are Justices Shashi Bhushan Prasad Singh and Ashok Kumar Pandey.The Supreme Court Collegium had recommended their elevation on September 24.Shashi Bhushan Prasad Singh joined the Judicial Service in May 1996 and has served in various capacities in the State judiciary. He...

Need To Sensitize Family Court About Settling Divorce Cases Through Mediation : Patna High Court

The Patna High Court has expressed displeasure over the conduct of Principal Judge, Begusarai Family Court for dismissing a divorce case without making an effort for conciliation of the dispute of the parties, which is the spirit of Section 9 of the Family Courts Act, 1984 (“Act”). In this regard, the bench comprising Justices PB Bajanthri and Alok Kumar Pandey expressed the need...

Industrial Benefit Scheme Extended By State Government Can't Be Withdrawn By Electricity Department On Basis Of Audit Objection: Patna High Court

Referring to the decision of Shanta Mani Hand Made Paper Industries Vs. The State of Bihar & Ors [CWJC No. 2941 of 2010], the Patna High Court reiterated that supplementary bills which are punitive in nature, cannot be raised upon taxpayer and benefit granted by State government cannot be withdrawn based on mere audit objection.The High Court reiterated so after finding that the...

[Bihar Prohibition & Excise Act 2016] Improper To Auction Vehicle Just Because Meagre Quantity Of Liquor Was Recovered From It: High Court

The Patna High Court on Thursday (Sep. 26) called the action of the confiscating authority to auction the vehicle, just because a meager quantity of 1 litre country-made liquor was recovered from the vehicle, as harsh and unjustifiable. “it is crystal clear that there is recovery of a meager quantity of 1 liter of country made liquor and the vehicle has been auctioned at Rs. 3,25,000/- which...

S.110 Customs Act- Failure To Disclose Reasons For Confiscating Goods 'Draconian', Violates Article 14, Renders Provisional Attachment Illegal: Patna HC

The Patna High Court has held that failure on part of the customs officer to record reasons for confiscating goods under Section 110 of Customs Act, renders the provisional attachment “illegal”.The provision empowers a customs officer to seize goods if he has 'reason to believe' that such goods are liable to confiscation under the Act, and prescribes subsequent procedure.Bench of Justices...

Patna HC Denies Retiral Benefits To Second Wife Whose Husband Performed Second Marriage During Subsistence Of First Marriage, Without Permission From Govt

The Patna High Court observed that the second wife of the deceased government employee would not be entitled to receive the pension benefits if the employee solemnized a second marriage during the substance of the first marriage and without due authorization from the government. The Court said that only the first wife is entitled to receive the pension benefits.Instead of the petitioner,...

Patna High Court Warns BDOs 'Complicit' With Local Leaders; Orders Sensitisation About Panchayat Raj Act, Directions Of Election Commission

The Patna High Court today directed the Bihar Government to convene a state-level meeting of all the Block Development Officers (BDOs) cum Executive Officers of Panchayat Samitis to sensitize and aware them about the working of the Bihar Panchayat Raj Act, 2006, the directions issued by the State Election Commission and the judgments passed by the High Court regarding the Act. The...