Patna HC Declines To Recognise Handball Association Of Bihar As Official Body, Directs Probe Into Allegations Of Misuse Of Funds By State Sports Authority

The Patna High Court has disapproved the recognition granted to the Handball Association of Bihar by the Bihar Government. The court instead approved the recognition of the Bihar Handball Association as the only recognized body in connection with handball sport in the State of Bihar registered under the Bihar Sports Act, 2013 ("2013 Act"). The Court directed the Bihar Government to enquire...

Patna High Court Dismisses Plea Challenging Election Of JDU MLA Dilip Ray

The Patna High Court has rejected the petition of Syed Abu Dojana challenging the election of JDU's Dilip Ray as a Member of Bihar Legislative Assembly.The assembly elections from Sursand constituency were held on November 07, 2020.Syed Abu Dojana (election petitioner) had contested the said election from Rashtriya Janda Dal (RJD) party and was the runner-up in the election. He challenged...

[S. 53A CrPC] Failure To Medically Examine Rape Accused Immediately After Arrest Raises Doubts On Manner Of Investigation: Patna High Court

The Patna High Court has held that the failure of the investigating officer to have a rape accused medically examined by a doctor as per Section 53A CrPC, immediately after the arrest, casts a serious doubt on the investigation and the prosecution's case.The division bench of Justice Ashutosh Kumar and Justice Jitendra Kumar was considering an appeal against the appellant's conviction...

Patna HC Upholds Ram Bali Singh's Disqualification From Bihar Legislative Council For Statements Against State's Policies While Being In Govt

The Patna High Court upheld the disqualification of the petitioner, Ram Bali Singh, as a member of the Bihar Legislative Council.The petitioner was disqualified by an order passed by the Chairman of the Bihar Legislative Council. The complaint against the petitioner was for making public statements against the State Government's policies that were approved by the Legislature, while...

Termination From Service Based Solely On Implication In Criminal Case Without Affording Opportunity Of Hearing Unmerited: Patna High Court

The Patna High Court has observed that termination of services of a worker by concerned authority merely on the ground of implication in a criminal case, without affording the worker an opportunity of hearing, is unjustified.The division bench of Justice P. B. Bajanthri and Justice Alok Kumar Pandey were considering an appeal against the order of the single bench that dismissed the...

Disciplinary Authority's Order Relying On Report Of Inquiry Officer Not Supported By Evidence Is Unsustainable: Patna High Court

The Patna High Court has held that the report of an Inquiry Officer per se cannot be treated as evidence by the Disciplinary Authority in a disciplinary proceeding when the officer did not properly examine any evidence.Justice Bibek Chaudhuri further stated the order of the Disciplinary Authority based on such evidence violates the principles of natural justice. Brief factsThe petitioner...

No Parent In Our Society Can Damage Reputation Of Their Daughter Regarding Her Chastity: Patna High Court Upholds Rape Conviction

The Patna High Court while deciding on a criminal appeal against the conviction of appellant under Section 3 POCSO Act for penetrative sexual assault and under Section 376 IPC for rape, observed,“No parent of any girl in our society can damage reputation of his/her daughter regarding her chastity. It has been seen in our society that even in case of commission of sexual assault, victims...

[POCSO Act] Secondary Evidence For Age Determination Of Victim Stands Legally Proven If Not Challenged By Defence During Trial: Patna HC

The Patna High Court has observed that the accused/defence forfeits the right to contest the admissibility of secondary evidence produced by the prosecution for age determination of the victim under the POCSO Act if the defence did not object to the production of such evidence during the trial. Further, the Court emphasised that the consent of the victim is immaterial under the Act and does...

Confession Made In Police Custody Cannot Be Relied On To Hold Accused Guilty: Punjab & Haryana High Court

The Punjab & Haryana High Court while directing to release an accused convicted for dishonestly receiving property stolen in the commission of a dacoity on the basis of extra-judicial confession, observed that confession made in police custody cannot be relied to hold the accused guilty.Justice Pankaj Jain relying on the landmark decision of Aghnoo Nagesia v. State of Bihar [(1966) 1 SCR...

[S.92 Evidence Act] Oral Evidence Admissible To Prove Contents Of Document Amid Claims Of Misdescription Of Plot Number In Sale Deed: Patna HC

The Patna High Court held that oral evidence could be admissible to prove the contents of a document under Section 92 of the Indian Evidence Act if there is a claim about the misdescription of plot number in a sale deed.Justice Arun Kumar Jha was considering the petitioner's case against the order of Munsif Court, which did not permit the petitioner/plaintiff to cross-examine...

Doubtful That A Victim Who Suffered 100% Burn Injuries Could Make A Dying Declaration: Patna High Court

The Patna High Court observed that a victim/deceased who caught fire and suffered 100 percent burn injuries would not have been in a position to give any statements implicating the accused, thereby casting doubts on the correctness of claim in the dying declaration.The division bench of Justice Ashutosh Kumar and Justice Jitendra Kumar was considering a criminal appeal against conviction...

[Bihar Pension Rules] Employer Cannot Withhold Retirement Benefits If There Is No Pending Departmental Proceedings: Patna High Court

The Patna High Court observed withholding of pension and other benefits of a retired employee was unlawful in absence of any pending departmental proceedings against the retired employee under the Bihar Pension Rules, 1950.Justice Nani Tagia was considering the case of the Petitioner who retired in 2020 from the post of Programme Officer, Education Department. The petitioner received 90%...