Dependant Of Missing Employee Can Seek Compassionate Appointment After Lapse Of Seven Years: Patna High Court

The Patna High Court observed that for claims of compassionate appointment involving a missing person, the presumption of death shall arise after 7 years from the date of disappearance in accordance Section 108 of the Indian Evidence Act, 1872. Only after the lapse of 7 years, the authorities must start counting the time period for the application of compassionate appointment. Justice...

[Bihar Prohibition And Excise Act] Breath Analyzer Report Not Conclusive For Proving Alcohol Consumption: Patna High Court

The Patna High Court has held that a breath analyzer report is not conclusive proof to determine whether a person has consumed alcohol or not.The original petitioner (deceased) was working as a Sub-Divisional Officer (SDO) at Nirmali Police Station. A departmental proceeding was initiated against him for consumption of alcohol in violation of the Bihar Prohibition and Excise Act, 2016....

No Exceptional Circumstance In Bihar To Breach 50% Reservation Limit; Quota Merely Based On Population Proportion Impermissible : Patna High Court

The Patna High Court has struck down the Bihar Reservation of Vacancies in Posts and Services (for Scheduled Caste, Scheduled Tribes and Other Backward Classes) Amendment Act, 2023 and the Bihar Reservation (in Admission to Educational Institutions) Amendment Act, 2023 passed by the Bihar Legislature on 09.11.2023 for being unconstitutional and in violation of Articles 14, 15 and 16 of...

BREAKING | Patna High Court Sets Aside Bihar Law Increasing Reservation For SC, ST & OBC Communities To 65%

The Patna High Court on 20.06.2024 set aside the Bihar Reservation (for Scheduled Castes, Scheduled Tribes, and Other Back Classes) (Amendment) Act, 2023, and the Bihar (in admission in educational institutions) Reservation (Amendment) Act, 2023.The Division Bench of Chief Justice K. Vinod Chandran and Justice Harish Kumar were considering a Public Interest Litigation (PIL) which challenged...

[Order VI Rule 17 CPC] Amendment Of Pleadings Permissible After Commencement Of Trial If Necessary For Arriving At A Just Conclusion: Patna High Court

The Patna High Court has held that amendment of pleadings under Order VI Rule 17 of Code of Civil Procedure, 1908 (CPC) could be allowed even after the commencement of the trial, if the amendments sought are necessary for effective adjudication of controversy between the parties.Justice Arun Kumar Jha was considering the case of the petitioner/plaintiff whose amendment petition was rejected...

[Indian Succession Act] Question Of Title Over Property Can't Be Decided During Probate Proceedings, Requires Filing Of Separate Suit: Patna High Court

The Patna High Court has held that the probate proceedings are not the appropriate stage to adjudicate on the title and interest of a testator under the Indian Succession Act, 1925 and that the determination over the question of title could be done only by filing a separate suit.Justice Arun Kumar Jha was considering the case of the petitioner who challenged the order of the District...

Compassionate Appointment Can't Be Quashed Merely Because It Was Made By An Incompetent Authority: Patna High Court

A single-judge bench of the Patna High Court comprising Justice Purnendu Singh has held that a compassionate appointment could not be quashed merely because the appointment was irregular.The Court was hearing a civil writ petition filed by the petitioner against the decision of the Secretary/Respondent that rejected his claim for continuity of service from the period of initial...

For No-Confidence Motion To Be Successful Against Adhyaksh/Upadhyaksh Of Zila Parishad, Only Majority Of Members Present & Voting Is Required: Patna HC Full Bench

A full bench of the Patna High Court comprising Chief Justice K. Vinod Chandran, Justice Ashutosh Kumar and Justice Harish Kumar held that for a motion of “no confidence” to be successful against an Adhyaksh or Upadhyaksh of Zila Parishad, the requirement is of the majority of the members present and voting and not majority of the total elected members.The High Court was examining...

BPSC Recruitment: Patna High Court Orders Parity In Grace Marks For Contract And Guest Teachers

The Patna High Court, in a recent directive to the state government, rooted for parity in the treatment of 'contract teachers' and 'guest teachers' within the Bihar Public Service Commission's (BPSC) recruitment processes. This directive has resulted in the temporary suspension of BPSC's Teachers Recruitment Exam (TRE)-3.In his ruling, Justice Anjani Kumar Sharan emphasised the similarity in...

PFI-Phulwari Sharif 'Conspiracy' | 'Prima Facie Case Made Out' : Patna HC Denies Anticipatory Bail To 6 Accused

The Patna High Court has denied anticipatory bail to six accused persons linked to the 'PFI-Phulwari Sharif Terror Module' case. The case concerns the alleged conspiracy to disturb Prime Minister Narendra Modi's July 2022 visit to Bihar.Considering the materials/evidence collected by the investigating agency in the present case, a bench of Justice Vipul M Pancholi and Justice Ramesh Chand...

Contracting Second Marriage May Be Lawful For A Muslim Man But It Causes 'Enormous' Cruelty To First Wife: Patna HC

The Patna High Court has observed that while it may be lawful for a Muslim male to contract a second marriage, however, it causes enormous cruelty to the first wife. A bench of Justice Purnendu Singh further added that it is a matter of common knowledge that women, regardless of their religion and socio-economic conditions, detest their husbands contracting a...

Seniority Considered From Date Of Absorption If Temporary Employee Absorbed Under Policy Containing Cutoff Date: Patna High Court

A single judge bench of the Patna High Court comprising of Justice Anil Kumar Sinha while deciding a Writ Petition in the case of Kuraisa Begum Vs. B. R. A. Bihar University & Ors has held when a temporary employee is absorbed under some policy containing a cut-off date, seniority is considered from the date of such absorption. Background Facts Kuraisa Begum (Petitioner) is...