Judicial Prescriptions Against Coercive Tax Recovery: An Anthology
by Tarun Jain†
Cite as: 2023 SCC OnLine Blog Exp 70
Patna High Court
Supreme Court sets aside Patna HC order giving death penalty to a man for raping and murdering a 10-year-old girl
“Truth is the soul of justice. The sole idea of the criminal justice system is to see that justice is done. Justice will be said to be done when no innocent person is punished, and the guilty person is not allowed to go scot free.”
Patna HC reads down the words “with approval of” as “in consultation with” for appointment of teachers; saves constitutionality of Section 57A(5) of Bihar State Universities Act, 1976
“The rule of reading down a provision of the Act is a rule of harmonious construction used in order to save such provision from being declared unconstitutional.”
A politician is not disabled from being appointed as a Chairperson of the Bihar State Food Commission: Patna High Court
“No mandate on the State to carry out public advertisement, especially when a Selection Committee was appointed which could device a method by which the search of suitable people could be made, and recommendations could be given to the Government.”
‘Transgender’ is not a caste identity; every individual shall be permitted self-determination: Patna High Court
“The intention is not to give benefits based on caste, but to identify communities with the caste as an indicator of the larger group of individuals; who will require measures for their social, economic and educational upliftment, to ensure an equal status and decent living conditions, within the society.”
Supreme Court Collegium reiterates its recommendation to transfer Justice Nani Tagia, Judge, Gauhati High Court to Patna High Court
The reiteration came after the Collegium deliberated over a reconsideration request submitted by Justice Tagia.
Know Thy Judge | Supreme Court of India: Justice Sanjay Karol
Justice Sanjay Karol served the High Courts of Tripura and Patna as Chief Justice before his elevation as a Supreme Court Judge on 06-02-2023.
Never Reported Judgment | Practice of merely agreeing with lower courts is not satisfactory; Appellate court should give clear indication of evidence it relies on [(1952) 1 SCC 432]
This report covers the Supreme Court's Never Reported Judgment dating back to the year 1952 on duty of appellate court under Criminal Procedure Code, 1898.
Supreme Court Collegium recommends transfer of Justice Sudhir Singh from Patna High Court to Punjab and Haryana High Court
Justice Sudhir Singh’s transfer from Patna to Punjab and Haryana High Court was originally proposed by the Collegium on 03-08-2023.
‘Demolition carried out is in violation of interim orders’; Patna High Court initiates contempt case against officials of Patna Municipal Corporation
“A contempt case is initiated against the Municipal Commissioner, the Additional Municipal Commissioner, the Executive Officer and the Executive Engineer of the Patna Municipal Corporation; and against the Project Director of the Patna Smart City.”
Inability to bear a child is neither impotence nor a ground for dissolving marriage: Patna High Court
“Developing any disease during the continuation of marriage is not within the control of any spouse. In such a situation, the other spouse has a marital duty to co-operate and bear with it and help the other spouse.”
‘Plea of preference to females has no meaning when assessment of other candidates not done’; Patna High Court quashes appointment of librarian
When assessment/marking/evaluation of the candidates have not been done by the Interview Board/Selection Committee of the respective inter se merit of the candidates, the plea of preference has no meaning.
Bhagalpur Bridge collapsed due to laxity of the authority of State Government and the Contractor: Patna High Court
The Court is concerned to safeguard the interest of public at large and to prevent the misuse of public money and the exploitation of natural resources in the interest of society and the common people, which has been caused due to laxity of the authority of the State Government and the Contractor.
Banks, Financial Institutions using recovery agents to forcibly seize vehicles over non-payment of loan is illegal: Patna High Court
The right to recovery of the Banks and Financial Institutions if pitted against the constitutional right of life of a person to live with dignity and not to be deprived of without following the established procedure of law, the constitutional rights of the person shall prevail.
Justice M.R. Shah Retires: A Look at his Dynamic Tenure and Decisions
After an active tenure of 4.5 years at the Supreme Court, which includes authoring of nearly 700+ decisions, Justice Mukeshkumar Rasikbhai Shah retires today.
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 High Court stays Bihar Government’s caste-based survey; directs data collected not to be disclosed to anyone
The State Government intending to share data with the leaders of different parties of the State Assembly, the ruling party and opposition party was a matter of great concern as there arose a question of right to privacy, which the Supreme Court held to be a facet of right to life.
Supreme Court: Service rendered as work charged after regularisation of service shall be counted for pensionary benefits
Supreme Court observed that allowing the instant appeal would tantamount regularizing the appellants' services as work charged from the initial appointment.
[Modi Surname Defamation Case] Patna High Court stays Lower Court’s order against Rahul Gandhi
The Patna High Court stayed Lower Court’s order against Rahul Gandhi in the ‘Modi Surname’ defamation case.
Minor Rape Case | Supreme Court extends anticipatory bail granted to POCSO accused
The Patna High Court had rejected the petitioner’s anticipatory bail in this matter, while the Supreme Court granted protection to the petitioner against arrest on 16-12-2022.