Pay Verification Cell Cannot Unilaterally Override University's Pay Fixation Of Employees: Patna HC

Patna High Court: A Single Judge Bench of Justice Harish Kumar ruled that the Pay Verification Cell under the Education Department cannot unilaterally override pay fixation decisions made by a university's statutory committee. The court held that objections from the Pay Verification Cell should be treated as audit objections; they require the university to notify affected employees and seek their responses before any action is taken. The court ruled that the final decision on pay fixation...

'Publicity Interest', Patna High Court Refuses To Pass Order In PIL Against Honey Singh's Song, Seeks Union's Response

The Patna High Court today (March 7) heard a Public Interest Litigation (PIL) filed by actress Nitu Chandra against the alleged vulgarity in renowned singer Yo Yo Honey Singh's latest chartbuster song 'Maniac'. The actress had approached the High Court seeking legal action against Honey Singh's new song, including the deletion of the song.Today, the matter was fixed for the passing of an...

Cannot Be Compelled To Remove Blockage & Let Neighbour's Dirty Water Flow Onto Courtyard, S.133 CrPC Not For Settling Private Disputes: Patna HC

The Patna High Court has ruled that an individual cannot be compelled to allow drainage from a neighbor's house onto their private property under the guise of preventing a public nuisance. It had been contended that the neighbour of the petitioner had drained his dirty water onto the petitioner's courtyard, which had been blocked by the petitioner. However, the neighbour then approached...

Patna High Court Weekly Round-Up: February 17 - February 23, 2025

Nominal Index:Narendra Kumar Ram vs The State Of Bihar and Ors 2025 LiveLaw (Pat) 9Ram Autar Rai vs The State Of Bihar and Ors 2025 LiveLaw (Pat) 10Company Ram @ Tiran Ram and ors vs The State of Bihar and Anr 2025 LiveLaw (Pat) 11Biswajit Kumar Pandey @ Lalu Kumar vs The State of Bihar 2025 LiveLaw (Pat) 12Rakesh Rai vs The State of Bihar 2025 LiveLaw (Pat) 13Surendra Kumar and Anr vs State...

Juvenile Institutionalization Should Be The Last Resort; Family Is The Best Institution For Rehabilitation: Patna High Court

The Patna High Court has held that institutionalization should be a measure of last resort and that the family is the primary institution for the rehabilitation and reintegration of a child in conflict with the law. It thus set aside the rejection of bail for a juvenile accused in a murder case, ruling that the juvenile justice system is reformatory, not punitive.Justice Jitendra Kumar,...

Magistrate's Satisfaction On Apprehension Of Breach Of Public Peace Condition Precedent For Initiating Section 145 CrPC Proceeding: Patna HC

The Patna High Court has said that an Executive Magistrate is expected to invoke proceedings under Section 145 CrPC only when there is an apprehension of breach of public peace, adding that the condition precedent for initiating such proceedings is his satisfaction regarding such apprehension.Section 145 lays down the procedure to be followed where there is a dispute concerning land or...

Supreme Court Collegium Recommends Appointment Of 5 Advocates As Patna High Court Judges

The Supreme Court Collegium in its meeting held on 20th February, 2025 has approved the proposal for appointment of the following Advocates, as Judges of the High Court of Judicature at Patna:(i) Shri Alok Kumar Sinha,(ii) Shri Ritesh Kumar,(iii) Smt. Soni Shrivastava,(iv) Shri Sourendra Pandey, and(v) Shri Ansul @ Anshul...

'Country's Image Tarnished' : Patna High Court Raps State Police Over 'Lethargic' Approach In US Minor's Sexual Abuse Case

The Patna High Court on Monday came down heavily on the Bihar Police for its “lethargic and lackadaisical” approach in handling the sexual abuse case of a 13-year-old foreign national, stating that the role of the police authority in the matter had “tarnished the image of the country where protection of justice, social, political and economic was granted in the preamble of...

HAMA | Father-In-Law's Liability To Maintain Widowed Daughter-In-Law Dependent On Income From Co-Parcenary Property: Patna High Court

The Patna High Court has held that under the Hindu Adoptions and Maintenance Act (HAMA) a father-in-law is not automatically liable to pay maintenance to his widowed daughter-in-law unless he has sufficient income from the co-parcenary property.Justice Jitendra Kumar, presiding over the case, emphasized, “Section 19 clearly shows that liability of father-in-law to maintain his...

Senior Citizens Act | Maintenance Tribunal Has No Jurisdiction Over Complaints Not Seeking Maintenance Or Property Transfer: Patna High Court

The Patna High Court has ruled that the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 does not empower the Maintenance Tribunal to entertain complaints that do not seek maintenance or challenge a property transfer. Justice Jitendra Kumar, presiding over the case, observed, “As per the statutory provisions of Maintenance and Welfare of Parents and Senior Citizens Act, 2007,...

Seriousness Of Offence Not Ground To Deny Bail To Juvenile, 'Ends Of Justice' Mean Development, Rehabilitation, Protection Of Child: Patna HC

The Patna High Court has reiterated that the involvement of a juvenile in an offense of serious nature is not, by itself, a ground for denying bail under the Juvenile Justice (Care and Protection) Act, 2015. It thus overturned the order of the Children Court, which had rejected the bail petition of the appellant on the grounds that he was involved in a murder case, had bad company, and that...

Purchaser Can Get Title Conveyed Only If Seller Has Title To Property: Patna High Court

The Patna High Court has reiterated that a purchaser can acquire a valid title to a property only if the seller possesses a legal title to transfer.Justice Jitendra Kumar while delivering the judgment in a criminal case launched over alleged false transfer of Petitioner's property y accused said, “the complainant has not parted with any property to the Accused persons, nor has he executed...

Breath Analyzer Test Is Not Conclusive Proof Of Alcohol Consumption: Patna High Court Quashes FIR

The Patna High Court has reiterated that a breathalyzer test alone is not conclusive proof of alcohol consumption and the same cannot be the sole basis of criminal prosecution under the Bihar Prohibition and Excise Act, 2016.Justice Bibek Chaudhuri presiding over the case said, “This Court has no other alternative but to hold that the authorities failed to consider the observation of...

Procedural Impediments In Govt Machinery Not 'Sufficient Cause' For Condoning Delay In Filing Appeal U/S 37 Of Arbitration Act: Patna High Court

The Patna High Court Bench of Justice Ramesh Chand Malviya has held that procedural impediments in the government machinery are not a 'sufficient cause' for condoning the delay in filing the appeal. Additionally, the court held that the conduct, behaviour and attitude of a party relating to its inaction or negligence are relevant factors in condoning...

Unilateral Appointment Clause Of Arbitrator Hinders Equal Participation Of Parties In Appointment Process: Patna High Court

The Patna High Court Bench of Chief Justice K. Vinod Chandran held that a clause that allows one party to unilaterally appoint a sole arbitrator gives rise to justifiable doubts as to the independence and impartiality of the arbitrator. Further, such a unilateral clause is exclusive and hinders equal participation of the parties in the appointment process...

Centre Appoints Justice Ashutosh Kumar As Acting Chief Justice Of Patna High Court

Today, the Central Government notified the appointment of Justice Ashutosh Kumar as the acting chief justice of the Patna High Court. This development comes soon after the Union Government notified the appointment of Chief Justice K Vinod Chandran as a judge of the Supreme Court of India."In exercise of the power conferred by Article 223 of the Constitution of India, the President is pleased...

Individuals Not Charge-Sheeted Can Be Summoned To Face Trial If Evidence Establishes Their Involvement In Offence: Patna High Court

The Patna High Court has held that those not charge-sheeted by the police can also be summoned to face trial under Section 319 of the Code of Criminal Procedure India, 1973 (Cr.PC) if strong and cogent evidence against them surfaces during the trial.Justice Jitendra Kumar, while dismissing the criminal revision petition filed by Draupadi Kunwar and others, observed, “The Court is empowered...

'Re-evaluation Is Not Permissible In Cases Where Authorities Have Ensured Clarity', Patna High Court

A Division Bench of the Patna High Court comprising Chief Justice K. Vinod Chandran and Justice Nani Tagia while setting aside a judgment of a Single Judge directing re-evaluation held that in cases related to re-evaluation, the court may permit such re-evaluation or scrutiny only if it is demonstrated very clearly, without any "inferential process of reasoning or by a process...

Patna High Court Annual Digest 2024

Nominal Index [Citations: 2024 LiveLaw (Pat) 1-133]Ajay Kumar Mahto vs The State of Bihar and Ors 2024 LiveLaw (Pat) 1M/s Flipkart Internet Pvt vs The State of Bihar and Ors 2024 LiveLaw (Pat) 2Ravi Shankar and Anr vs The State of Bihar and Ors 2024 LiveLaw (Pat) 3M/s Nav Nirman Construction vs The Union of India & Ors 2024 LiveLaw (Pat) 4Urmila Devi Jain & Ors vs. Ashok Kumar &...

'Recovery Of Excess Amount From Retired Employee For Period More Than Five Years Before Order Of Recovery Is Impermissible', Patna High Court

A Division Bench of the Patna High Court comprising Justice Arvind Singh Chandel allowed a Petition challenging an Order of Recovery from a Retired Clerk who was paid an excess amount due to alleged wrong pay fixation. The Court reiterated that the recovery of excess amount paid by mistake is not permissible in cases where the recovery is made in case of employees belonging to...