Patna High Court
Employees Appointed On Ad Hoc Basis, Not Entitled To Salary Attached To A Post, Unless Appointed In A Substantive Capacity: Patna High Court
A division bench of the Patna High Court comprising of Justice P. B. Bajanthri and Justice Arun Kumar Jha, while deciding Letters Patent Appeals in the case of Ganesh Mahto vs The State of Bihar, held that employees are not entitled to salary attached to the post for which they are appointed on Ad hoc basis, unless and until they were occupying the post in a substantive capacity.Background...
Calling Wife 'Bhoot', 'Pishach' Not Cruelty: Patna High Court Sets Aside Husband's Conviction U/S 498A IPC
The Patna High Court has observed that a husband calling his wife 'Bhoot' (ghost) or 'Pisach' (Vampire) itself does not constitute an act of cruelty.A bench of Justice Bibek Chaudhuri added that in matrimonial relations, especially in failed matrimonial relations, there are incidents where both the husband and wife abuse each other by using filthy language, however, all such accusations do...
[O.6 R.1 CPC] Defendant Barred From Belatedly Amending Pleadings To Fill Up Lacunae When Confronted With Document Recorded In Evidence: Patna HC
The Patna High Court, in its deliberation on the proviso to Order VI Rule 1 of the Civil Procedure Code, has noted that if the defendants are confronted with a document which emerges during the presentation of their evidence, they will not be grated a right to amend their pleadings to rectify deficiencies in their case.Justice Arun Kumar Jha presiding over the case observed, “If...
High Court Refuses To Entertain PIL Challenging Management Committee Nominations To Patna Sahib Citing Alternate Remedy
The Patna High Court, in its dismissal of a petition challenging the nomination made by the District Judge of Patna to the Prabandhak Committee overseeing Sri Takhat Harimandir Ji, Patna Saheb, emphasized that the petitioners, primarily concerned with the management of the religious site, did not represent a marginalized or downtrodden community warranting intervention through Article...
Pendency Of Criminal Case Not Bar To Initiate Departmental Proceedings Even If Contents Of Charge Memo And FIR Are Identical: Patna High Court
The Patna High Court, while disposing of a petition filed for staying the departmental proceeding initiated against the petitioner till completion of the criminal case, observed that the existence of a criminal case does not prevent the initiation of departmental proceedings, even if the allegations in the charge memo and FIR are identical.Justice Dr. Anshuman observed, “But, today on the...
Deciding Appeal Based On Report By Authority Whose Decision Itself Is Under Challenge Amounts To Violation Of Natural Justice: Patna High Court
The Patna High Court has directed a fresh inquiry in a case concerning the removal of an Anganwadi Sevika, observing that deciding an appeal based on a report from the authority whose decision itself is under challenge violates the principles of natural justice.Justice Dr. Anshuman, presiding over the case observed, “Upon hearing the parties and going through the pleadings, it transpires...
Patna High Court Directs Advocates, Litigants To Mention Details Of Previous Bail Applications & Orders In All Bail Applications
In view of the recent directive issued by the Supreme Court in the case of Kusha Duruka v/s. The State of Odisha 2024 LiveLaw (SC) 47, the Patna High Court has directed all the Advocate(s)/Party-in-Person(s)/Litigant(s) to mandatorily mention the following particulars in the application(s) filed for grant of bail including the application for suspension of sentence:Details and copies of...
Patna High Court Registry Issues SOP For Govt Officials' Personal Appearance In Court Proceedings
Pursuant to judgment dated 03.01.2024 passed by the Supreme Court of India in the matter titled "The State of Uttar Pradesh & Ors. Vs. Association of Retired Supreme Court and High Court Judges at Allahabad & Ors." [Civil Appeal Nos. 23- 24 of 2024 in Special Leave to Appeal (C) Nos. 8575-8576 of 2023] the Registry of the Patna High Court has issued a Standard Operating Procedure...
Lady Staying In House Of Father's Friend Of Different Religion After Being Left By Husband Doesn't Amount To Adultery: Patna HC
The Patna High Court has observed that the act of a woman seeking refuge in the home of her father's friend, who follows a different religion, after being left by her husband does not constitute adultery.Emphasizing that the Court can't consider all relationships in terms of sexual relationships, a bench of Justice Bibek Chaudhuri observed thus:"...if residing in the house of the father's...
Patna High Court Halts Fresh Appointments Of Scheduled Caste Panel Head, Members Amid Dispute Over Official Removal
In response to a plea filed by three officials of the Scheduled Caste (SC) Commission against their removal, the Patna High Court has directed the state government to refrain from making any new appointments for the chairman and members' positions. Justice Sandeep Kumar, presiding over the case, issued this directive last week during the hearing of a writ petition filed on behalf of...
Patna Not A Safe Place For Anybody To Reside: High Court Slams Police For Favouring Accused Landlord, Orders SIT Probe Into Assault On Junior Advocates
The Patna High Court on Tuesday, in a scathing rebuke, condemned the Patna Police for allegedly favoring an accused landlord in a case involving the assault of junior Advocates while observing that Patna is not a safe city for anyone to reside in.Presiding over the case, Justice Bibek Chaudhuri observed, “If, in the city of Patna, the Advocates are assaulted by some goons at about 10:00...
Differentiation Between Government Employees And Other Employees For Leave Encashment Exemption Not Violative Of Article 14: Patna High Court
The Patna High Court has held that differentiation between government employees and other employees for leave encashment exemption is neither discriminatory nor violative of Article 14 of the Constitution of India.The bench of Chief Justice K. Vinod Chandran and Justice Rajiv Roy has observed that the legislature must have the freedom to select and classify persons, properties, and income that...