The Patna High Court has disposed of a writ petition by a Gaya PDS dealer whose licence was ceased by the Sub-Divisional Officer, directing her to file a complaint before the Divisional Commissioner under Rule 5(iv) of the Bihar Targeted Public Distribution System (Control) Order, 2016, with the delay to be liberally condoned and a reasoned order to follow within three months.
The Patna High Court has held that a writ petition by a widow who says she is neither borrower nor guarantor, challenging a Darbhanga Collector’s 2019 order giving Punjab National Bank possession of a property that includes her dwelling house, is not maintainable because Section 17 of the SARFAESI Act provides an effective remedy before the Debts Recovery Tribunal.
Justice Soni Shrivastava of the Patna High Court has quashed a Magistrate’s 2022 cognizance order and the entire prosecution of two members of the Jhunjhunwala family under Sections 448, 341, 323 and 506 of the IPC, holding that the FIR was vague, belated, attended with mala fide and lodged amid a dispute over ancestral property.
A Division Bench of the Patna High Court has held that Rule 52(5) of the Bihar Minor Mineral Concession Rules, 1972 permits 24 per cent simple interest on a delayed instalment only up to two months, after which the Rule contemplates cancellation, and quashed the Mines and Geology Department’s demands for further interest on three Rajouli stone blocks in Nawadah.
The Patna High Court has cancelled the bail granted by a Naugachia Sessions Judge to Tunna Yadav @ Tuntun Yadav, accused of shooting a man dead in a weekly market, holding that the order ignored the High Court’s earlier rejection and wrongly recorded that he had no criminal history, and has referred the judicial officer’s conduct to the Chief Justice.
Upholding the finding of guilt against a welfare-office clerk in a scholarship-funds defalcation case but finding his compulsory retirement “exorbitant,” the Patna High Court set aside the penalty and remanded the matter, noting that he was a new incumbent who signed documents under pressure after the wrongs had already been committed by his predecessors. Patna: […]
The Patna High Court has ordered the State to pay interim compensation to a family whose house and boundary walls were demolished during an encroachment proceeding without any authorising order, holding that the demolition violated the right to shelter under Article 21 and the protection of property under Article 300-A. A house is not merely four walls but has a ‘divine spirit’, the Court observed, and its demolition is akin to ‘Brahma Hatya’.
The Patna High Court has set aside the Central Bank of India’s rejection of a compassionate-appointment claim by the married son of a deceased Safai Karamchari, made on the sole ground that he was married. The Court held that the Bank’s own scheme defines a ‘dependent family member’ as a ‘wholly dependent son’ without the word ‘unmarried’, and that the Bank cannot supplement that self-contained definition by importing ‘unmarried’ from other regulations or policies.
The Patna High Court has acquitted five men convicted of a 1989 murder and dacoity, holding that the prosecution suppressed the genesis of the case by withholding an earlier written complaint that ought to have been treated as the FIR, and instead placing on record a later statement, which attracted an adverse inference and the bar under Section 162 CrPC. Coupled with material discrepancies between the two eye-witnesses, this cast a thick cloud of suspicion on the prosecution case.