Patna High Court Weekly Round-Up: July 24 - July 30

Citations 2023 LiveLaw (Pat) 84 to 2023 LiveLaw (Pat) 86

NOMINAL INDEX

Neeta Tripathi @ Dr. Nita Tripathi Vs. State Of Bihar 2023 LiveLaw (Pat) 84

SK vs. RD 2023 LiveLaw (Pat) 85

Income Tax Officer vs. Indian Oil Corporation Ltd. 2023 LiveLaw (Pat) 86

Patna High Court Quashes Criminal Proceedings Against Doctor In 2012 Case, Says 'Mens Rea' Is A Must For ‘Negligence’ To Amount To Offence

Case Title: Neeta Tripathi @ Dr. Nita Tripathi Vs. State Of Bihar 2023 LiveLaw (Pat) 84

The Patna High Court has quashed the proceedings in a criminal case against a doctor, who was accused of negligence during a hysterectomy in 2012.

Justice Prabhat Kumar Singh, observed, “There is difference between ‘Negligence’ and ‘Criminal Negligence’ and it is only criminal negligence which can be tried by a criminal court. For ‘Negligence’ to amount to offence, element of mens rea must exist. So long doctor follows practice acceptable to medical profession of that day, he cannot be held liable for negligence.”

Inability To Bear A Child Is Part Of Marital Life, Not A Ground For Dissolving Marriage: Patna High Court

Case Title: SK vs. RD 2023 LiveLaw (Pat) 85

While dismissing a man's revision plea against the Family Court's rejection of his matrimonial case for divorce under Section 13 of the Hindu Marriage Act, the Patna High Court said the inability to bear a child is not a valid ground for dissolving a marriage.

The court noted that it appears since the wife is having a cyst in her uterus and is unable to bear child, the husband wants to divorce her to get remarried with another woman so that he can have a child. The division bench of Justice Jitendra Kumar and Justice P. B. Bajanthri said that developing any disease during the continuation of marriage is not within the control of any spouse.

Revenue Needs To Be Consistent, Can’t Accept Proposition In One Case And Challenge In Another : Patna High Court

Case Title: Income Tax Officer vs. Indian Oil Corporation Ltd. 2023 LiveLaw (Pat) 86

The Patna High Court has upheld the principle of consistency in taxation matters, asserting that the Revenue cannot challenge a declaration of law accepted in one case while challenging its correctness in another case without just cause.

Quoting several judgments of the Apex Court, the Court held, "The established principle is that, if the Revenue has not challenged a declaration of law laid down by a High Court and accepted it in the case of one assessee, then it is not open to the Revenue to challenge its correctness in the case of other assessees, without just cause."

Other Developments

Justice Vipul M Pancholi Sworn In As Judge Of Patna High Court

Justice Vipul M Pancholi took oath as a judge of the Patna High Court on 24.07.2023. The oath-taking ceremony took place at Raj Bhavan in Patna, where Governor Rajendra Arlekar administered the oath of office to Justice Pancholi.