Patna High Court
Even A Time-Barred Claim Can Be Introduced By Amendment If Trial Hasn't Commenced: Patna High Court
The Patna High Court, while disposing of a petition filed under Article 227 of the Constitution, challenging an order passed by the Munsif, upheld the order allowing an amendment petition under Order VI Rule 17 of the Code of Civil Procedure, 1908, for amending the plaint, while acknowledging that although the amendment appeared to introduce a time-barred claim, considering the early stage of the trial, the effect could be as though the amended plaint were the original, as the trial had not yet...
'Deposing Capacity' Of Child Witness Not Tested Before Taking Evidence: Patna HC Nixes Man's Conviction For Sexually Assaulting Minor Girl
While allowing an appeal against an order convicting a man for sexually assaulting a 5-year-old girl in 2019, the Patna High Court said that the evidence of the child who witnessed the alleged incident and supported the prosecution's case was not reliable as Trial Court had not tested the child's "capacity to depose" prior to his deposition. The high court further said that the prosecution...
Patna High Court Nixes Trial Court's Order Dismissing Plea For Amendment Of Plaint In Title Suit, Says Issue Of Limitation Is Disputed
The Patna High Court, while allowing a petition under Article 227 of the Constitution of India to set aside an order passed by the Munsif court in a Title Suit, said that the issue of limitation, being disputed, could be addressed after permitting the amendment of the plaint which was sought within the limitation period. The high court said that the suit was presently at the stage of...
Defendants Cannot Benefit From Own Wrong, After Alienating Partition Suit Property And Oppose Impleadment Of Purchasers: Patna HC
While quashing a trial court order which had rejected the addition of subsequent purchasers as defendants in a partition suit, the Patna High Court observed that the defendant parties cannot benefit from their own wrongful actions particularly after creating third-party interests during the pendency of the suit.A single judge bench of Justice Arun Kumar Jha in its order said, “The...
Patna High Court Orders Appointment Of Regular Principal For Gaya College Being Run By Professor-In-Charge Since 2017
The Patna High Court recently directed the authorities including Magadh University and its the vice-chancellor, to appoint within two months a regular principal for Mirza Ghalib College, Gaya, which has been functioning with a Professor-in-charge acting as a principal since seven years. A single judge bench of Justice Nani Tagia, emphasised that a college cannot continue to function through...
Patna High Court Quashes Sub Registrar's Dismissal, Reiterates Article 311 Protections Against Arbitrary Removal
The Patna High Court bench of Justice Bibek Chaudhuri reversed the dismissal of Ram Pravesh Chauhan, a Sub Registrar from Nalanda's Hilsa Sub Registry Office. It cited an absence of adequate evidence in the disciplinary proceedings, while reiterating the protections under Article 311 of the Constitution, which prevents arbitrary dismissal by ensuring that only the appointing authority, or...
In Absence Of An Express Agreement Waiving Applicability Of S.12(5) Of Arbitration & Conciliation Act, Arbitration Clause Becomes Otiose: Patna HC
The Patna High Court bench of Chief Justice K. Vinod Chandran has held that the arbitration clause became otiose by reason of the substitution of Section 12 of the Arbitration and Conciliation Act, 1996 by Act 3 of 2016, which made the Engineer-in-Chief or the administrative head of the Public Works Division ineligible to be appointed as an arbitrator and disentitled from appointing...
CID Itself Dependent On Govt & Other Agencies, Has Little Resources: Patna High Court While Transferring Missing Girl Probe To CBI
Taking a firm stance against the Muzaffarpur police for its failure to recover a college student who was allegedly abducted nearly two years ago, the Patna High Court has now transferred the case to the Central Bureau of Investigation (CBI).The case which was initially registered under Sections 363 (Punishment for kidnapping) and 365 (Kidnapping or abducting with intent secretly and wrongfully...
S.129(3) CGST Act- 7 Days Limitation Period For Passing Penalty Order After Notice To Goods Owner/ Transporter Mandatory: Patna HC
The Patna High Court has made it clear that the seven days limitation period prescribed under Section 129(3) of the Central Goods and Services Tax Act for passing an order of penalty, after notice has been issued to the goods owner/ transporter for violation of the CGST Act- is mandatory in nature. Stipulation in Section 129(3) CGST Act is that the proper officer detaining or...
Centre Notifies Appointment Of Two Judges Of Patna High Court
The Central government on Tuesday notified the appointment of two judicial officers as Patna High Court judges.They are Justices Shashi Bhushan Prasad Singh and Ashok Kumar Pandey.The Supreme Court Collegium had recommended their elevation on September 24.Shashi Bhushan Prasad Singh joined the Judicial Service in May 1996 and has served in various capacities in the State judiciary. He...
Need To Sensitize Family Court About Settling Divorce Cases Through Mediation : Patna High Court
The Patna High Court has expressed displeasure over the conduct of Principal Judge, Begusarai Family Court for dismissing a divorce case without making an effort for conciliation of the dispute of the parties, which is the spirit of Section 9 of the Family Courts Act, 1984 (“Act”). In this regard, the bench comprising Justices PB Bajanthri and Alok Kumar Pandey expressed the need...
Industrial Benefit Scheme Extended By State Government Can't Be Withdrawn By Electricity Department On Basis Of Audit Objection: Patna High Court
Referring to the decision of Shanta Mani Hand Made Paper Industries Vs. The State of Bihar & Ors [CWJC No. 2941 of 2010], the Patna High Court reiterated that supplementary bills which are punitive in nature, cannot be raised upon taxpayer and benefit granted by State government cannot be withdrawn based on mere audit objection.The High Court reiterated so after finding that the...