HIGH COURT JULY 2024 WEEKLY ROUNDUP | Stories on Lakshmi Puri’s defamation; Agniveer recruitment; Cancer patient’s termination of pregnancy; and more
A quick legal roundup to cover important stories from all High Courts this week.
Patna High Court
‘No parent of any girl in our society can damage reputation of their daughter regarding her chastity’; Patna HC upholds conviction u/s 376 of IPC
The Court observed that the parents of the victims were illiterate and that the appellant’s allegations of false implications and extortion on the victim’s family’s part did not inspire any confidence as per evidence on record.
Patna HC rejects plea for anticipatory bail to police officials in the case of custodial death and alleged abuse of woman arrested without warrant
The Court opined that given the serious nature of allegations, petitioner(s) did not deserve the privilege of pre-arrest bail.
‘State of Bihar is neither a far flung or remote area nor out of mainstream of national life’; Patna HC sets aside 2023 Amendment Acts increasing reservation for SCs, STs, and Backward Classes to 65%
The Court noted that after the collection of data for Caste survey, there was a frog leap into the amendment enhancing the reservations beyond 50%, which was on proportionate representation in the services of the State and educational institutions, which was clearly not permissible under Articles 15(4) and 16(4).
Breath analyzer report not conclusive proof of consumption of alcohol: Patna High Court
Consumption of alcohol can only be ascertained by way of blood and urine test by a person suspected to have consumed alcohol.
‘Necessary to determine real conflict between parties’; Patna HC sets aside order refusing to amend pleadings after commencement of trial
The Court stated that if the amendment was not allowed it would lead to unnecessary multiplicity of litigation, as the amendments appeared to be necessary to determine the real controversy between the parties.
HIGH COURT JUNE 2024 WEEKLY ROUNDUP| Stories on West Bengal Post Poll Violence; Delhi Riots 2020; Delhi Excise Policy; and more
A quick legal roundup to cover important stories from all High Courts this week.
[BPSC Recruitment] State’s policy granting grace marks to contractual teacher and not to guest teacher is violative of Art. 14: Patna High Court
The Court opined that both the contract teachers and the guest teachers are discharging same duties as they are teaching students in schools and thus, there is no difference between the contract teachers and the guest teachers.
Never Reported Judgment | Admitted/proven partial partition leads to presumption of division of all properties, movable and immovable, belonging to joint family [(1953) 1 SCC 414]
This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1953 on partial partition.
HIGH COURT MAY 2024 WEEKLY ROUNDUP| Stories on Baba Tarsem Singh Murder; Maternity Benefits for Third Child; Aaj Tak Sting Operation; PM Modi; and more
A quick legal roundup to cover important stories from all High Courts this week.
Husband cannot be allowed to play with the dignity of his wife at his own will; Patna High Court denies anticipatory bail to husband
Shariat law permits Muslim to contract more than one marriage, but it must be borne in mind that merely because an act was lawful, it did not per se become justifiable in married life. Contracting a second marriage by a Muslim may be lawful, but it causes enormous cruelty to the first wife.
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.
Patna HC orders Department of Police to pay Rs 2 lakh compensation to a man subjected to custodial violence and police atrocity
Police excesses and maltreatment of detainees/undertrial prisoners or suspects, tarnishes the image of any civilised nation, and encourages the men in ‘Khaki’ to consider themselves to be above the law and sometimes even to become law unto themselves.
HIGH COURT APRIL 2024 WEEKLY ROUNDUP| Stories on Ramesh Sippy Inheritance Claim; Cash for Job Scam; Yamuna River Environmental Crisis; MP Judicial Service Rules and more
A quick legal roundup to cover important stories from all High Courts this week.
‘Compensation fixed as token’; Patna HC directs two Judicial Officers to pay Rs 100 each to a man for subjecting him to trial u/s 498-A IPC not maintainable against him
The amount of compensation is fixed as a token to remind the Judicial Officers that before taking cognizance and during judicial inquiry and trial, it is the bounden and obligatory duty to go through the complaint carefully and then take cognizance.
Husband demanding money from wife’s paternal home for rearing, maintaining of a newborn baby, not ‘dowry’: Patna High Court
The essential element of dowry is payment or demand of money, property or valuable security given or agreed to be given as “consideration of marriage”.
‘Petition filed due to misguided over enthusiasm’; Patna HC dismisses plea by a lawyer challenging Sections 2, 9, 12, 18 of the Constitution (101st Amendment) Act, 2016
The public interest asserted cannot be entertained since dealers registered under earlier VAT regime, now shifted to GST regime, by virtue of Constitution (101st Amendment) Act, 2016 cannot be said to be a marginalized section, who are incapable of agitating their rights before the courts of law.
Calling wife ‘bhoot’, ‘pisach’ not cruelty; Patna High Court sets aside husband’s conviction u/s 498-A IPC
The case under 498-A of the Penal Code, 1860 seems to be the outcome of a personal grudge and differences between both the parties.
Know Thy Judge | Justice Chakradhari Sharan Singh, the 34th Chief Justice of Orissa High Court
Justice Chakradhari Sharan Singh was recommended as new Chief Justice of Orissa High Court on 02-11-2023 and took charge of his new office on 07-02-2024.
Supreme Court Collegium recommends transfer of Justice Arvind Singh Chandel from Chhattisgarh High Court to Patna High Court
Earlier the Collegium proposed to transfer Justice Chandel to Madras High Court, but upon appreciating his difficulty, the Collegium partially acceded to his request and recommended to transfer him to Patna High Court.