The Patna High Court held that excess pay wrongly fixed cannot be recovered from a retired Class III employee where there is no misrepresentation, relying on Rafiq Masih, while denying his ACP claim. Patna: The Patna High Court has held that the State cannot recover an excess amount paid to a retired Class III employee […]
The Patna High Court quashed a photo studio owner’s conviction for attempted rape, holding that the allegations constituted outraging modesty but did not satisfy the legal ingredients of attempt to rape. The Court cited absence of medical evidence and any unequivocal overt act establishing attempted rape.
The Patna High Court reiterated that an adult woman has the fundamental right to decide where and with whom she wishes to live. The Court held that a married woman may join her husband only after her wishes are personally verified with adequate safeguards.
The Patna High Court upheld the conviction of a retired judicial officer and a practising advocate in a 2005 assault case linked to a land dispute. While affirming their guilt, the Court reduced the sentence to the imprisonment already undergone by the convicted appellants.
The Supreme Court held that advocates cannot surrender or compromise a client’s substantive property rights without explicit authorisation. The Court ruled that a compromise decree based solely on a lawyer’s consent, without the client’s signature or approval, is legally unsustainable under the Civil Procedure Code.
The Patna High Court ruled that media can report criminal proceedings but should avoid labels like “mastermind” or “kingpin” that suggest guilt before trial. Justice Ansul said prejudicial reporting may harm an accused’s reputation and amount to defamatory or improper conduct during pending cases.
The Patna High Court ruled that applicants need not prove any threat to life or property to seek an arms licence, saying the Arms Act imposes no such condition. It granted relief to a man awaiting a rifle licence since 2014.
The Patna High Court quashed Bihar government proceedings cancelling old land records in Katihar and ordered restoration of disputed jamabandis. Justice Sourendra Pandey held that property rights cannot be taken away through summary action without due process and hearing affected parties.
The Patna High Court granted bail to a 14-year-old boy accused in a POCSO case, holding institutional care should be a last resort. Justice Arun Kumar Jha said bail cannot be denied to a child in conflict with law without statutory grounds under the Juvenile Justice Act.
Bihar Advocate General P K Shahi voluntarily relinquished his constitutional post, saying the decision was entirely his own. He clarified that he had not resigned but stepped aside to enable the new BJP-led Bihar government to independently appoint government counsels.
