Section 12 JJ Act | Serious nature of offence not a ground for denying bail to Juvenile: Patna High Court
“As per Section 12 of the Act, bail to the Juvenile is a rule and refusal of the same is an exception.”
Patna High Court
‘Unmerited and undeserved comment’: Patna High Court expunges adverse remarks against Judicial Officer
The Court expressed dissatisfaction over the en-passant, unnecessary, and adverse remarks against a Judicial Officer without affording him any opportunity.
Section 9 Family Courts Act| Appointment of Counsellors in Family Courts mandatory: Patna High Court
The Court directed the Registrar General to collect and collate a comprehensive report to specifically inform the Court about the appointment of counsellors in the Family Courts across the State.
Section 125 CrPC | Levirate Marriages validated by custom, cohabitation, social acceptance, and the birth of children, must be treated as valid: Patna High Court
The Court held that a woman having lived as a wife, borne children, and been deserted without support, falls within the protective umbrella of Section 125 CrPC and the technical plea of invalidity of marriage cannot be a valid ground to deny her maintenance.
‘Prosecution failed to prove case beyond all reasonable doubts’; Patna HC sets aside rape conviction against Juvenile
“No society can afford to punish its children. Punitive approach towards children in conflict with the law would be self-destructive for the society.”
Patna High Court directs State to formulate strategy against child trafficking in orchestra, theatre, and dance groups
“In the garb of running orchestra/dance groups, minor children are subjected to trafficking and exploitation, which is impermissible and if allowed to be continued unchecked, would only lead to frustration of the very policy for protecting the children.”
S. 197 CrPC | Police officer, allegedly exceeding official duty, is safeguarded by prior sanction if acts reasonably linked to official functions: Patna HC
“A mere excess or overreach in the performance of official duty does not, by itself, disentitle a public servant from the statutory protection mandated by law.”
Patna High Court quashes case against Bihar CM Nitish Kumar over alleged disrespect to National Anthem during ‘Sepak Takraw’ World Cup inauguration
Patna High Court held that smiling and merely folding hands in Pranaam Mudra in standing position could not be construed by any prudent imagination to be an insult to the National Anthem.
‘Was only present during operation as team member’; Inside Patna HC’s order quashing 22-year-old medical negligence case against a female gynaecologist
The Patna High Court relying upon the Supreme Court’s decisions in Debendra Nath Padhi, (2005) 1 SCC 568 and Bhajan Lal, 1992 Supp (1) SCC 335, acquitted the female gynaecologist in the alleged kidney removal during surgery medical negligence case.
Isolated acts of immorality not ‘living in adultery’; Patna HC dismisses plea filed by husband against maintenance order
“A few moral lapses and a return back to a normal life cannot be said to be living in adultery. If the lapse is continued and followed up by a further adulterous life, the woman can be said to be ‘living in adultery.’”
‘Under no circumstances, is an involuntary or forced narco-analysis test permissible under law’; SC sets aside Patna High Court’s order permitting involuntary test
The High Court in direct contravention of the Selvi v. State of Karnataka, (2010) 7 SCC 263 accepted the submission of the Sub-Divisional Police Officer, Mahua, that she would conduct narco-analysis test of all the accused persons and other witnesses, during the investigation.
Know why Patna High Court allowed the rectification of form GSTR 3B on par with the contents of GSTR- 1
“In the government, there is no system of rectification of any return once it is filed. However, petitioner had submitted application to rectify GST 3B on par with the GSTR 1 relating to certain total taxable value, total integrated tax, total CGST, total SGST.”
‘Punishment of juvenile in conflict with law is not the purpose of juvenile justice’; Patna HC sets aside order of conviction against juvenile under Arms Act
“The J.J. Act, 2000 is based on our belief that children are the future of the society and in case they go into conflict with law under some circumstances, they should be reformed and rehabilitated and not punished. No society can afford to punish its children”.
Know Thy Judge | Supreme Court of India: Justice Ahsanuddin Amanullah
Justice Ahsanuddin Amanullah is the sitting Judge of the Supreme Court of India. He was elevated to the Supreme Court in February 2023. He has formerly served as a Judge in Patna High Court and Andhra Pradesh High Court.
Know Thy Judge | Supreme Court of India: Justice K. Vinod Chandran
Formerly a Judge of Kerala High Court and Chief Justice of Patna High Court, Justice K. Vinod Chandran was appointed as Judge of Supreme Court in January 2025.
NRJ Series | Leave of court can be granted to determine the liability of a person who claimed to be firm’s partner in execution of decree against firm [(1954) 2 SCC 917]
This report covers the Supreme Court’s Never Reported Judgment on execution of decree against firm dating back to the year 1954.
Cryptic orders while granting bail in money laundering cases without considering Section 45 PMLA mandate can’t be vindicated: SC
“Consideration of two conditions mentioned in Section 45 is mandatory, and while considering the bail application, the said rigours of Section 45 have to be reckoned by the court to uphold the objectives of the PMLA.”
Justice Chakradhari Sharan Singh, the 34th Chief Justice of Orissa High Court, retires after a tenure of 11 months
Justice Chakradhari Sharan Singh, who is retiring on 19-1-2025, was recommended as Chief Justice of Orissa High Court on 02-11-2023 and took charge of office on 07-02-2024.
‘Convicted u/Section 6 of POCSO Act instead of Section 4’; Patna HC directs release of an old man after 10 years’ imprisonment; enhances victim compensation from Rs 4 to 5 lakhs
The Trial Court did not notice the facts that the offence was committed in 2014 and at that time there was no such punishment as rigorous imprisonment for the remainder of natural life in Section 6 of POCSO Act.
Supreme Court overturns Patna HC Order postponing bail implementation for six months
“This is one of the few orders we have come across in last few days passed by the High Court, in which, without deciding the matter on merits, the High Court has granted the bail to the accused, subject to the condition that he shall furnish the bail bonds after six months of the passing of the order.”