Patna High Court
AICTE's Annual Approval No Bar To Permanent University Affiliation; Registrar Can't Override Statutory Bodies' Decision: Patna High Court
The Patna High Court has held that the annual Extension of Approval (EoA) granted by the All India Council for Technical Education (AICTE) does not bar a university from granting permanent affiliation under the Bihar State Universities Act. It further held that a University Registrar cannot unilaterally alter a recommendation for permanent affiliation approved by the University's...
Phrase 'Take Action In Accordance With Law' Doesn't Permit Fresh Adjudication Of Concluded Issues: Patna High Court
The Patna High Court has held that a direction to an authority to “take action in accordance with law” cannot be construed as permitting it to reopen issues already concluded by a statutory appellate authority or undertake a fresh adjudication on the merits.A Single Judge Bench of Justice Alok Kumar Sinha held that the Bihar State Madarsa Education Board could not re-examine the...
Attempting To Remove Salwar, Pressing Chest Not Attempt To Rape; Amounts To Outraging Modesty : Patna High Court
The Patna High Court has held that allegations of attempting to remove a woman's salwar and physically molesting by pressing her chest, without evidence of penetration or any overt act unequivocally establishing an intention to commit rape, do not constitute the offence of attempt to rape.Observing that the allegations "at best" disclosed an offence of outraging the modesty of a woman...
Tender Cancellation Clause Can't Be Used To Record Findings Of Forgery Without Hearing Bidder: Patna High Court
The Patna High Court has held that while a tendering authority may reserve the contractual power to cancel a tender without assigning reasons, such a clause cannot be used to record findings that a bidder indulged in forgery, fraud or other misconduct without first affording the bidder an opportunity of hearing. The Court held that once findings carrying a stigma and adverse civil...
Show Cause Lost Its Validity After Authority Executed Agreement Six Days Later: Patna High Court Sets Aside Contractor's Blacklisting
The Patna High Court has held that a show cause notice could not form the basis of a subsequent debarment order where the authority itself chose to execute an agreement merely six days after issuing the notice. Holding that debarment entails serious civil consequences, the Court set aside the order debarring the contractor for violation of the principles of natural justice.A Division Bench...
Centre Notifies Appointment Of Justice Sudhir Singh As Acting Chief Justice Of Patna High Court
The Central Government on Friday (July 10) notified the appointment of Justice Sudhir Singh as the Acting Chief Justice of Patna High Court, consequent to the retirement of incumbent Chief Justice Meenakshi Madan Rai on Saturday. A notification issued by the Ministry of Law and Justice reads as follows:"In exercise of the power conferred by Article 223 of the Constitution of India, the...
Legitimate Expectation Can't Override Tender Terms Or Compel State To Proceed With Unsanctioned Project: Patna High Court
The Patna High Court has held that the doctrine of legitimate expectation cannot override the express terms of a tender or compel the State to proceed with a project that lacks the requisite administrative approval and financial sanction.A Division Bench of Justice Sudhir Singh and Justice Ranjan Kumar Jha was hearing a writ petition filed by M/s Energy United India Private Limited...
Writ Maintainable Against Minority Aided School Where Breach Of Statutory Service Safeguards Is Alleged: Patna High Court
The Patna High Court has held that a writ petition is maintainable against a minority aided school where an employee alleges violation of statutory provisions governing service conditions. The Court observed that where breach of a statutory provision by a body discharging a public function or public duty is complained of, the dispute does not fall within the realm of a purely private...
S. 323 IPC | Merely Because Parties Were Enemies, Injured Witness's Testimony Can't Be Discarded: Patna High Court
The Patna High Court has held that prior enmity between parties, by itself, cannot be a ground to discard the prosecution case, particularly where the same also furnishes a plausible motive for the occurrence. Observing that the prosecution had proved the offence of voluntarily causing hurt despite failing to establish charges of attempt to murder and robbery, the Court upheld the conviction...
'Classic Example Of Improper, Lackadaisical Investigation': Patna High Court Acquits Murder Convict, Orders Probe Against Investigating Officer
The Patna High Court has acquitted a man convicted of murder, describing the case as a “classic example of improper, lackadaisical, and indifferent investigation” and directing an inquiry against the Investigating Officer for serious lapses in the investigation. The Court observed that the investigation suffered from glaring deficiencies, including failure to establish ownership of...
Bihar Agricultural University Statutes Operate Prospectively, Can't Convert 2011 Direct Recruitment Into Tenure Appointment: Patna High Court
The Patna High Court has held that the Bihar Agricultural University Statutes, 2010, notified in 2017, cannot be applied retrospectively to convert a substantive appointment made through direct recruitment in 2011 into a tenure appointment. The Court observed that unless a statute expressly or by necessary implication provides for retrospective operation, it is presumed to operate...
'Vague Allegations': Patna High Court Dismisses PIL Challenging Award Of ₹28,000-Crore Pirpainti Thermal Power Project To Adani Group
The Patna High Court has dismissed a Public Interest Litigation challenging the award of the Pirpainti Thermal Power Project to the Adani Group, holding that the allegations raised in the petition were “vague” and “nebulous” and did not warrant interference in a policy decision of the State. The Court further observed that the petition did not qualify as a genuine public...