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.
Patna High Court
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.
Never Reported Judgment | A reversioner, under Hindu Law, only entitled to challenge an alienation made by a limited owner [(1953) 1 SCC 112
This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1953 on alienation of property under Hindu Law.
Married lady staying in the house of father’s friend of different religion, after being left by husband, does not amount to adultery: Patna High Court
“If this Court is persuaded to hold that staying in the house of an old man of different religion by a married lady amounted to adultery, then the entire social relation between man and man, man and women, is to be looked into only in terms of sexual relationship.”
Section 10(10-AA) of Income Tax Act 1961 differentiating tax on leave encashment between State and Central Government employees, not violative of Article 14: Patna High Court
“If there is equality and uniformity in each group, the law will not become discriminatory, though due to some fortuitous circumstance arising out of peculiar situation, some included in a class get an advantage over others so long as they are not singled out for special treatment.”
‘Restoration of conjugal life’ cannot be imposed as a condition for anticipatory bail u/s 498-A of IPC: Patna High Court
“By way of judicial proceeding, an offence under Section 498-A of the Penal Code, 1860 can be compounded, but in the statute the offence has been made non-compoundable.”
‘Aimed at ensuring that education is not commercialized’; Patna HC rejects petition challenging validity of provisions of Bihar Private Schools (Fee Regulation) Act, 2019
“The absence of guidelines cannot ipso facto result in invalidation of Bihar Private Schools (Fee Regulation) Act, 2019, especially one in the nature of regulation aimed at ensuring that education is not commercialized and reduced to mere means of profiteering.”
Patna High Court rejects PIL filed by a teacher seeking exemption from attending LLB classes due to his employment in a school
“There is no public interest either in the exemption from classes for LLB course sought for or the prayers made under the Right to Information Act, 2005.”
‘No tax recovery can be made when GST Tribunal not constituted’; Patna HC imposes cost of Rs 5000 on GST Assessing Officer for ‘coercive’ tax recovery
“If the Appellate Tribunal under Bihar Goods and Services Tax, 2017 is constituted and an appeal is filed there can be no further proceedings taken for recovery of the balance amounts till the appeal is disposed of.”
‘Minor wife’s stay at Girls Care Home not detrimental’; Patna High Court denies custody to husband
“If the girl is not a major and has eloped with a person and expresses fear of life if her custody is given back to her parents, then the Court shall send her to appropriate shelter home where her interest could be best taken care of till she becomes a major.”
Delay in issuance of advertisement will not create any right/legitimate expectation to seek relaxation in upper age limit for an examination: Patna HC reiterates
“It is a policy decision and the criteria prescribed by the advertisement, whether it is relating to age and/or the essential qualification, cannot be interfered with.”