No Recovery Can Be Made When Pay Is Wrongly Fixed Without Any Misrepresentation By Employee: Patna High Court

A single judge bench of the Patna High Court comprising of Justice Rajesh Kumar Verma while deciding a Writ Petition in the case of Bikrama Singh & Anr Vs. State of Bihar & Ors has held when there is no misrepresentation or fraud leading to wrong pay fixation or pay, no recovery can be made from employees. Background Facts Bikrama Singh (Petitioner No. 1) & Rajendra...

Patna High Court Orders ₹2 Lakh Compensation To Man Who Was Subjected To 'Severe' Torture, Assault In Police Custody

The Patna High Court has ordered the State Government to pay a compensation of ₹2 lakh to a man who was subjected to severe torture and assault while in police custody.Applying the principle under Section 106 of the Evidence Act (Burden of proving a fact, especially within knowledge) to the facts of the case, a bench of Justice Bibek Chaudhuri observed that the policemen involved in the...

Reference Under NHAI Act Dismissed For Default, Party Should Challenge Award Under Section 34 , Not By Writ : Patna High Court

The Bench of Justice Rajiv Roy of Patna High Court has held that a writ petition is not maintainable to challenge an order of Arbitrator dismissing reference under NHAI Act for default. It held that the aggrieved party should challenge the award under Section 34 of the Act. Facts The respondent (NHAI) had acquired the land of the petitioner after classifying it as 'Developing...

Patna HC Orders 2 Judicial Officers To Pay ₹200 As 'Token' Compensation To Man For Subjecting Him To Unjustifiable Trial U/S 498A IPC

In a one-of-a-kind order, the Patna High Court has directed two judicial officers of the state to pay compensation of ₹100 each to a man subjected to an unjustifiable trial under Section 498A of the Indian Penal Code (IPC). The case in question revolved around allegations of harassment and cruelty against the man (revisionist) even though he was not a relative of the husband of...

Husband Demanding Money From Wife's Parents For Maintenance Of His Newly Born Baby Not 'Dowry': Patna High Court

The Patna High Court has observed that if the husband demands money from the paternal home of the wife for rearing and maintenance of his newly born child, such demand does not come within the fold of the definition of 'dowry' as per Section 2 (i) of the Dowry Prohibition Act, 1961.A bench of Justice Bibek Chaudhuri observed thus while allowing a revision plea filed by a husband challenging...

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...