Disciplinary Authority Must Exercise Independent Judgment, Not Act Under Dictates Of Other Authorities: Patna High Court

The Patna High Court has upheld a Single Judge's decision setting aside the removal of a Punjab National Bank employee from service, holding that a disciplinary authority vested with statutory discretion must exercise its powers independently and not under the dictates of another authority. The Court observed that where the disciplinary authority fails to independently apply its mind...

Patna High Court Refuses To Quash FIR Against Jan Suraaj Leader Naj Ahmed Khan, Says Allegation Of Mala Fides 'Doesn't Cut Much Ice'

The Patna High Court has held that mere allegations of political rivalry or mala fides cannot be a ground to quash an FIR when its contents disclose commission of cognizable offences. The Court observed that where the allegations in the FIR prima facie disclose the commission of offences, the case would not fall within the principles laid down by the Supreme Court in State of Haryana v....

State Cannot Summarily Cancel Longstanding Jamabandi, Civil Suit Only Remedy: Patna High Court Flags State's 'Autocratic' Action

The Patna High Court has held that the State cannot seek to cancel a longstanding jamabandi through summary proceedings and that its only remedy is to approach a competent civil court. Warning the authorities against disregarding settled judicial precedent, the Court observed that any attempt to proceed otherwise would be treated as contemptuous.A Single Judge Bench of Justice Sourendra...

Bihar Tender Scam | Media Cannot Portray Accused As 'Scamster', 'Mastermind' Before Trial: Patna High Court

The Patna High Court has restrained print, electronic, digital and social media platforms from portraying Bihar contractor Rishu Shree as guilty in connection with the alleged tender scam being investigated by the Special Vigilance Unit (SVU). The Court observed that while media is free to report factual developments relating to the case, imputing criminal liability upon an accused...

Caste Certificate Retains Legal Sanctity Until Cancelled By Competent Authority: Patna High Court

The Patna High Court has upheld a Single Judge's decision quashing the dismissal of a bank officer accused of securing appointment by falsely claiming Scheduled Caste status, observing that a caste certificate continues to carry legal sanctity unless it is cancelled or declared invalid by a competent authority.A Division Bench of Justice Sudhir Singh and Justice Ranjan Kumar Jha was hearing...

Juvenile Justice Act Prioritises Reform Over Punishment; Seriousness Of Alleged Offence Not Ground To Refuse Bail: Patna High Court

The Patna High Court has observed that the seriousness of the alleged offence and the age of a juvenile are not relevant considerations for denial of bail under the Juvenile Justice (Care and Protection of Children) Act, 2015. The Court reiterated that the Juvenile Justice Act is a reformative statute aimed at rehabilitation of children in conflict with law and not their punishment.A Single...

Possession Of Cough Syrup With Less Than 2.5% Codeine Attracts NDPS Act If Held Without Authorisation: Patna High Court

The Patna High Court has held that cough syrup containing codeine in a concentration of less than 2.5% of the total preparation does not fall outside the ambit of the NDPS Act merely on that ground. The Court further observed that such preparations are classified as essential narcotic drugs and their possession, sale, purchase, transport, import and export remain regulated under the NDPS Act...

Courts Cannot Re-Evaluate Technical Eligibility Determined By Expert Bodies Absent Mala Fides Or Patent Perversity: Patna High Court

The Patna High Court has held that courts exercising judicial review under Article 226 cannot undertake a fresh evaluation of technical eligibility criteria assessed by expert tender committees unless the decision is shown to be mala fide, arbitrary or patently perverse.A Division Bench of Justice Sudhir Singh and Justice Ranjan Kumar Jha was hearing a writ petition seeking directions to...

District Courts Have No Power To Direct CBI Investigation: Patna High Court

The Patna High Court has held that District Courts, including Sessions Courts and Magistrates, have no power to direct the Central Bureau of Investigation (CBI) to investigate a crime, reiterating that such power is reserved exclusively for Constitutional Courts exercising jurisdiction under Articles 32 and 226 of the Constitution. The Court further held that a Sessions Court cannot direct a...

Failure To Check Police Brutality Could Make It 'Like Nazi Germany': Patna HC Orders FIR Against SHO For Alleged Custodial Torture

The Patna High Court has directed registration of an FIR against a Station House Officer accused of brutally assaulting a man and allegedly breaking both his legs, holding that referring the victim to the Magistrate under Section 156(3) CrPC at this stage would amount to “further injustice” and warning that unchecked police brutality could make the national police “like one of...

Plaintiff Who Fails To Perform Essential Terms Of Contract Cannot Seek Specific Performance U/S 16(c) Specific Relief Act: Patna HC

The Patna High Court has held that a plaintiff who fails to perform the essential terms of a contract and is unable to demonstrate readiness and willingness to perform his obligations is disentitled from seeking specific performance under Section 16(c) of the Specific Relief Act, 1963.A Single Judge Bench of Justice Jitendra Kumar was hearing a first appeal filed by the defendant against...

'Bidder Cannot Be Disqualified On Basis Of Condition Not Forming Part Of Tender': Patna High Court

The Patna High Court has held that a bidder cannot be penalised, disqualified or blacklisted on the basis of a condition which did not form part of the original Notice Inviting Tender (NIT), reiterating that State authorities are bound to act strictly in accordance with tender conditions and cannot deviate from them arbitrarily.A Division Bench of Justice Sudhir Singh and Justice Shailendra...