Patna High Court
Merely Voicing Apprehension Over ISIS Base If Rival Wins Elections Not Provocative U/S 153 IPC: Patna HC Grants Relief To Union Minister
The Patna High Court has observed that merely voicing an apprehension that in case the candidate of a particular party wins the election, it may create the base of ISIS (a militant outfit) in the area, cannot be said to be 'provocative' speech in terms of Section 153 IPC [Wantonly giving provocation with intent to cause riot]. Holding thus, a bench of Justice Chandra Shekhar Jha...
Standing In 'Pranam Mudra' With A Smiling Face Not Insult To National Anthem: Patna HC Quashes Complaint Against CM Nitish Kumar
The Patna High Court earlier this week quashed a complaint case filed against Bihar Chief Minister Nitish Kumar, which alleged that he insulted the National Anthem by standing in a 'Pranaam Mudra' with a smiling face during its rendition at an event related to the 'Sepak Takraw' World Cup. A bench of Justice Chandra Shekhar Jha noted that the CM's admitted conduct showed...
Assessee Is Permitted To Rectify GSTR 3B On Par With Contents Of GSTR 1: Patna High Court
The Patna High Court stated that the assessee is permitted to rectify GSTR 3B on par with contents of GSTR 1. The Division Bench of Justices P.B. Bajanthri and S.B. PD. Singh observed that in the government, there is no system of rectification of any return once it is filed. However, the assessee had submitted application to rectify GST 3B on par with the GSTR 1 relating to certain...
Annual Increment Can't Be Denied To Government Employees On Mere Technical Grounds If A Year Of Service Completed : Patna HC
The Patna High Court bench comprising of Justice Satyavrat Verma held that government employees retiring on 30th June are entitled to receive the annual increment due on 1st July, provided they have completed one full year of service since their last increment. It ruled that the benefit cannot be denied on mere technical grounds, such as retirement occurring just one day before...
SC Collegium Recommends Appointment Of New Chief Justices In Five High Courts
The Supreme Court Collegium has recommended the appointment of Justice Sanjeev Sachdeva, Judge of the MP High Court ( parent HC : Delhi High Court), as the Chief Justice of the Madhya Pradesh High Court.Justice Vibhu Bakhru, Delhi High Court Judge, has been recommended as the Chief Justice of the Karnataka High Court.Also, Justice Ashutosh Kumar of Patna High Court has been recommended as...
Education Department's 2013 Resolution Binding; Retrenchment Period Must Be Counted For Pension Calculation: Patna HC
Patna High Court: A single judge bench consisting of Justice Harish Kumar held that for a former Adult Education Project Employee who was later absorbed into the Integrated Child Development Services (ICDS), retrenchment periods must be counted for pension calculation. Relying on a 2013 Resolution of the Education Department, the court held that retrenchment period must be counted on...
JJ Act | Children Are Future Of Society, Punitive Approach Towards Juveniles Self-Destructive: Patna High Court
Patna High Court has set aside the conviction and sentence of a juvenile under the Arms Act, holding that the Juvenile Justice (Care and Protection of Children) Act, 2000 is based on the belief that children are the future of society and, if they go into conflict with law under some circumstances, they should be reformed and not punished. Justice Jitendra Kumar observed,“the J.J. Act, 2000...
Private College Teachers Appointed Prior To April 2007 Entitled To Salary Grants: Patna HC Directs State To Complete Exercise In 3 Months
The Patna High Court has held that all teachers of private degree colleges in Bihar appointed prior to April 19, 2007 are entitled to receive salary grants from the State Government, irrespective of whether their colleges had been funded by deficit grants or performance-based grants.A division bench of Acting Chief Justice Ashutosh Kumar and Justice Partha Sarthy in its order said:“the...
Patna High Court Weekly Roundup: May 05 - 11, 2025
Citations: 2025 LiveLaw (Pat) 46 To 2025 LiveLaw (Pat) 51NOMINAL INDEXAvanish Kumar Singh v. The State of Bihar & Ors. 2025 LiveLaw (Pat) 46 CTS Industries Limited vs. Directorate General of GST Intelligence 2025 LiveLaw (Pat) 47 Dr. Mamta Sinha vs. The State of Bihar & Anr. 2025 LiveLaw (Pat) 48 Siddartha Travels v. Principal Commissioner of CGST and Central Excise & Ors....
For Mere Unauthorised Absence, Punishment Of Compulsory Retirement Too Harsh: Patna HC
Patna High Court: A single judge bench consisting of Justice Purnendu Singh quashed an order that imposed compulsory retirement on a CISF constable for allegedly misbehaving at work. The court held that the punishment was disproportionate, and further directed the Disciplinary Authority to impose a lesser punishment. The court explained that a disproportionate penalty attracts Article 21...
Outsourcing In Govt Depts Must Comply With Labour Laws: Patna HC Upholds 2019 Memo Allowing Contractual Assistants To Remain In Service
The Patna High Court has directed District Magistrate of Purnea to post 22 contractual executive assistants, appointed under the Bihar Prashashanik Sudhar Mission (BPSM) whose services were stopped due to paucity of funds, in vacant posts in other departments of the state government. In doing so the court upheld a 2019 notification as per which Executive Assistants were entitled to remain...