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Patna High Court Case Commentaries

The Discretionary Doctrine in Public Service Recruitment: Limiting Judicial Intervention

The Discretionary Doctrine in Public Service Recruitment: Limiting Judicial Intervention

Date: Apr 14, 2025
The Discretionary Doctrine in Public Service Recruitment: Limiting Judicial Intervention Introduction The judgment in The State of Bihar v. Dhirendra Kumar delivered by the Patna High Court on April...
New Precedent on Site Selection and Legal Standing in Panchayat Sarkar Bhawan Construction

New Precedent on Site Selection and Legal Standing in Panchayat Sarkar Bhawan Construction

Date: Apr 14, 2025
New Precedent on Site Selection and Legal Standing in Panchayat Sarkar Bhawan Construction I. Introduction The decision in Brij Nandan @ Siya Ram Yadav and Anr v. The State of Bihar and Ors by the...
Ensuring Academic Continuity in Dental Education: Judicial Directives Amidst Derecognition

Ensuring Academic Continuity in Dental Education: Judicial Directives Amidst Derecognition

Date: Apr 11, 2025
Ensuring Academic Continuity in Dental Education: Judicial Directives Amidst Derecognition Introduction The judgment in Anisha Raj v. The State of Bihar, delivered by the Patna High Court on April 8,...
Evidentiary Threshold for Mental Disorder in Matrimonial Dissolution: A Precedent on the Insufficiency of Allegations

Evidentiary Threshold for Mental Disorder in Matrimonial Dissolution: A Precedent on the Insufficiency of Allegations

Date: Apr 11, 2025
Evidentiary Threshold for Mental Disorder in Matrimonial Dissolution: A Precedent on the Insufficiency of Allegations Introduction The judgment in the case of Sanjay Kumar Shaw v. Smt. Anjali Kumari...
Custody & Guardianship: Prioritizing the Welfare of the Minor Over Strict Parental Rights

Custody & Guardianship: Prioritizing the Welfare of the Minor Over Strict Parental Rights

Date: Apr 11, 2025
Custody & Guardianship: Prioritizing the Welfare of the Minor Over Strict Parental Rights Introduction The judgment in Bimlesh Kumar v. Kapildev Narayan Ray from the Patna High Court represents a...
Doctrine of Selective Re‑Examination in Competitive Examinations

Doctrine of Selective Re‑Examination in Competitive Examinations

Date: Mar 29, 2025
Doctrine of Selective Re‑Examination in Competitive Examinations Introduction Pappu Kumar v. The State of Bihar is a batch of writ petitions decided by the Patna High Court on March 28, 2025. The...
Venue Designation as Seat: Exclusive Jurisdiction in Domestic Arbitration Agreements

Venue Designation as Seat: Exclusive Jurisdiction in Domestic Arbitration Agreements

Date: Mar 23, 2025
Venue Designation as Seat: Exclusive Jurisdiction in Domestic Arbitration Agreements Introduction This commentary examines the Patna High Court’s decision in M/s Pramila Motors Pvt. Ltd. v. M/s...
Mandatory Maintenance for Minor Children and Retroactive Relief under Section 125 CrPC

Mandatory Maintenance for Minor Children and Retroactive Relief under Section 125 CrPC

Date: Mar 1, 2025
Mandatory Maintenance for Minor Children and Retroactive Relief under Section 125 CrPC Introduction The case of Hasina Khatoon & Anr. v. Aszad Ansari, decided by the High Court of Judicature at Patna...
No Transitional CENVAT Credit for Capital Goods in Transit under Section 140(5) CGST Act

No Transitional CENVAT Credit for Capital Goods in Transit under Section 140(5) CGST Act

Date: Jan 31, 2025
No Transitional CENVAT Credit for Capital Goods in Transit under Section 140(5) CGST Act Introduction M/s JMD Alloys Ltd. v. Union of India is a writ petition decided by a Division Bench of the Patna...
Restricting Executive Magistrate’s Power under Sections 145–146 CrPC: Emergencies Only, No Civil Title Encroachment

Restricting Executive Magistrate’s Power under Sections 145–146 CrPC: Emergencies Only, No Civil Title Encroachment

Date: Jan 29, 2025
Restricting Executive Magistrate’s Power under Sections 145–146 CrPC: Emergencies Only, No Civil Title Encroachment Introduction Ram Padarath Singh and Ors. v. State of Bihar & Anr. (Patna High...
Strict Scrutiny of Administrative Delays: Redefining “Sufficient Cause” in Condonation of Delay

Strict Scrutiny of Administrative Delays: Redefining “Sufficient Cause” in Condonation of Delay

Date: Jan 9, 2025
Strict Scrutiny of Administrative Delays: Redefining “Sufficient Cause” in Condonation of Delay Introduction The judgment in The State of Bihar v. M/s Baba Hans Construction Pvt. Ltd. delivered by...
Reaffirming the Requirement of a Written Complaint for Cognizance Under Section 188 IPC

Reaffirming the Requirement of a Written Complaint for Cognizance Under Section 188 IPC

Date: Jan 8, 2025
Reaffirming the Requirement of a Written Complaint for Cognizance Under Section 188 IPC 1. Introduction In the case of Bijay Kumar @ Bijay Kumar Bimal v. State of Bihar and Anr (Criminal...
Reaffirming the Power to Summon Non-Charge-Sheeted Persons Under Section 319 Cr.PC

Reaffirming the Power to Summon Non-Charge-Sheeted Persons Under Section 319 Cr.PC

Date: Jan 8, 2025
Reaffirming the Power to Summon Non-Charge-Sheeted Persons Under Section 319 Cr.PC Introduction In the case of Draupadi Kunwar @ Draupati Kunwar v. The State of Bihar, before the Patna High Court...
Prohibition on Recovery of Excess Payments from Retired Lower Grade Employees Absent Fraud or Misrepresentation

Prohibition on Recovery of Excess Payments from Retired Lower Grade Employees Absent Fraud or Misrepresentation

Date: Jan 4, 2025
Prohibition on Recovery of Excess Payments from Retired Lower Grade Employees Absent Fraud or Misrepresentation 1. Introduction The case of Kamlesh Prasad v. The State of Bihar (decided on January 3,...
Reaffirming Limited Judicial Interference in Re-Evaluation: Patna High Court on Multiple Expert Reviews

Reaffirming Limited Judicial Interference in Re-Evaluation: Patna High Court on Multiple Expert Reviews

Date: Dec 21, 2024
Reaffirming Limited Judicial Interference in Re-Evaluation: Patna High Court on Multiple Expert Reviews 1. Introduction This lengthy litigation involves the Bihar Public Service Commission (“the...
Patna High Court Affirms Prohibition on Recovery from Class III Retirees Absent Fraud

Patna High Court Affirms Prohibition on Recovery from Class III Retirees Absent Fraud

Date: Dec 21, 2024
Patna High Court Affirms Prohibition on Recovery from Class III Retirees Absent Fraud 1. Introduction This commentary examines the Patna High Court’s decision in the case of Pramod Kumar Sinha v. The...
Clause 25 Declared Inoperative: Reinforcing Section 12(5) Ineligibility in Public Contracts

Clause 25 Declared Inoperative: Reinforcing Section 12(5) Ineligibility in Public Contracts

Date: Dec 20, 2024
Clause 25 Declared Inoperative: Reinforcing Section 12(5) Ineligibility in Public Contracts I. Introduction In M/s R.S. Construction v. Building Construction Department, the Patna High Court...
Reaffirming Procedural Fairness in Termination of Contractual Anganwari Supervisors

Reaffirming Procedural Fairness in Termination of Contractual Anganwari Supervisors

Date: Dec 10, 2024
Reaffirming Procedural Fairness in Termination of Contractual Anganwari Supervisors 1. Introduction This commentary examines the recent decision of the Patna High Court in Kiran Devi v. The State of...
Sita Kumari Devi v. The State of Bihar: Landmark Ruling on Unlawful Salary Recovery

Sita Kumari Devi v. The State of Bihar: Landmark Ruling on Unlawful Salary Recovery

Date: Oct 5, 2024
Sita Kumari Devi v. The State of Bihar: Landmark Ruling on Unlawful Salary Recovery Introduction The case of Sita Kumari Devi v. The State of Bihar and Others was adjudicated in the Patna High Court...
Revisiting the Burden of Proof: Patna High Court's Landmark Decision in Umesh Sharma v. The State of Bihar

Revisiting the Burden of Proof: Patna High Court's Landmark Decision in Umesh Sharma v. The State of Bihar

Date: Jul 30, 2024
Revisiting the Burden of Proof: Patna High Court's Landmark Decision in Umesh Sharma v. The State of Bihar Introduction The case of Umesh Sharma v. The State of Bihar marks a significant judicial...
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