24 Knife Wounds On One Victim Made Sole-Assailant Theory Doubtful: Patna High Court Orders Further Probe Into Double Murder

The Patna High Court has directed the Bihar Police to conduct further investigation into the 2023 murder of two retired professors, observing that the nature of the injuries suffered by the victims indicated a strong possibility that more than one person was involved in the crime.A Single Judge Bench of Justice Jitendra Kumar passed the direction while hearing a writ petition filed by...

Mere Non-Payment Of Electricity Dues Not 'Electricity Theft' Without Proof Of Meter Tampering: Patna High Court

The Patna High Court has held that mere non-payment of electricity dues does not amount to electricity theft under Section 135 of the Electricity Act, 2003, where there is no material to show that the connection had actually been disconnected or that the consumer had tampered with the meter.A Single Judge Bench of Justice Jitendra Kumar observed that while the consumer could be liable to pay...

Work Order Can't Be Cancelled Without Hearing Successful Bidder After Contract Is Awarded: Patna High Court

The Patna High Court has held that once a tender culminates in a concluded contract through issuance of a Letter of Acceptance, execution of a work order and signing of an agreement, the successful bidder cannot be deprived of those contractual rights without being given an opportunity of hearing.A Division Bench of Acting Chief Justice Sudhir Singh and Justice Rajesh Kumar Verma observed that...

Loan Default After SARFAESI Notice Cannot Be Turned Into Criminal Case: Patna High Court Quashes Cheating, Breach Of Trust Proceedings

The Patna High Court has quashed criminal proceedings arising out of a housing loan dispute, holding that the complainant's remedy lay before the Debt Recovery Tribunal and not through criminal prosecution. The Court observed that the complaint was filed only after a SARFAESI demand notice was issued and described it as a “classical case of conversion of civil dispute into...

Patna High Court Quashes Cruelty Case Against Husband After Woman Declared Dead By Family Was Found Alive

The Patna High Court has quashed criminal proceedings against a man accused of cruelty under Section 498A IPC after noting that the complainant's family had mistakenly identified an unidentified woman's body as hers, while she was in fact alive in Mumbai.Justice Praveen Kumar passed the order in a petition challenging the Magistrate's decision taking cognisance of the offence.According to...

Debarment And Blacklisting Are Distinct; Cannot Blacklist Bidder Where NIT Only Provided For Debarment: Patna High Court

The Patna High Court has held that a tendering authority cannot blacklist a bidder where the Notice Inviting Tender (NIT) only provides for debarment. It held that blacklisting carries wider civil consequences and cannot be substituted for a contractual debarment merely because a bidder failed to execute the agreement.The Division Bench of Acting Chief Justice Sudhir Singh and Justice...

Writing 'Allowed' On Margin Of Delay Condonation Plea Without Reasons Is Not A Valid Judicial Order: Patna High Court

The Patna High Court has held that merely writing “Allowed” on the margin of an application seeking condonation of delay, without recording any reasons or drawing an order-sheet, cannot be treated as a valid judicial order. The Court consequently quashed the cognisance order and all consequential proceedings in a cheque dishonour complaint filed after a delay of 118 days.A Single Judge...

No Law Banning Polygamy Among Muslims; Multiple Widows Of Deceased Employee Entitled To Family Pension Under Bihar Policy: Patna High Court

The Patna High Court has held that, in the absence of any legislation prohibiting polygamy among Muslims, a Muslim widow is entitled to family pension if her marriage with the deceased government employee was valid under Mohammedan Personal Law. The Court also held that the Finance Department's 2011 clarification extending family pension to surviving widows of deceased Muslim government...

Patna High Court Quashes 'Blank' NHAI Notice Over Highway Land Acquisition, Imposes ₹5,000 Costs For 'Irresponsible' Action

The Patna High Court has quashed a blank notice issued by the National Highways Authority of India (NHAI) to a landowner in connection with land required for construction of National Highway-527C, terming the manner in which it was issued “irresponsible”. The Court also imposed costs of ₹5,000 on the NHAI for the mental agony caused to the petitioner, while permitting the authority...

Patna High Court Quashes Cognizance Order Passed On Printed Proforma, Says Judicial Orders Can't Be Mechanical

The Patna High Court has quashed a Magistrate's cognizance order in a criminal case after finding that it had been passed by merely filling in the blanks on a printed proforma, and did not reflect application of judicial mind. Justice Chandra Shekhar Jha observed that a Magistrate is not required to pass a detailed reasoned order at the stage of taking cognizance, but the order must reflect...

Pressuring Spouse To Sign Divorce & Child Custody Papers Doesn't Constitute 'Cruelty': Patna High Court

The Patna High Court has held that merely pressuring a spouse to sign divorce and child custody papers during matrimonial negotiations does not constitute the offence of cruelty under Section 85 of the Bharatiya Nyaya Sanhita, 2023. The Court observed that such conduct neither amounts to harassment for an unlawful demand of property nor to wilful conduct likely to drive a woman to suicide...

BSUSC Must Verify Teaching Experience Certificates Before Awarding Zero Marks To Candidates: Patna High Court

The Patna High Court has held that the Bihar State University Service Commission (BSUSC) cannot deny marks for teaching experience solely because an experience certificate does not mention a letter or memo number and date, where the advertisement itself does not prescribe such a requirement. The Court held that in such cases, the Commission is under an obligation to verify the certificate...