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Patna High Court Case Commentaries

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,...
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...
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...
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...
Clarifying Penalty Applicability in Licensed Mining: M/S Harsh Construction v. The State of Bihar

Clarifying Penalty Applicability in Licensed Mining: M/S Harsh Construction v. The State of Bihar

Date: May 3, 2023
Clarifying Penalty Applicability in Licensed Mining: Insights from M/S Harsh Construction v. The State of Bihar 1. Introduction The case of M/S Harsh Construction v. The State of Bihar was...
Patna High Court Establishes Time Limits for Pension Withholding in Mamta Verma v. The State of Bihar

Patna High Court Establishes Time Limits for Pension Withholding in Mamta Verma v. The State of Bihar

Date: Apr 28, 2023
Patna High Court Establishes Time Limits for Pension Withholding in Mamta Verma v. The State of Bihar Introduction The case of Mamta Verma v. The State of Bihar adjudicated by the Patna High Court on...
Mandatory Consideration of Merits in GST Appeals: Insights from Purushottam Stores v. The State of Bihar

Mandatory Consideration of Merits in GST Appeals: Insights from Purushottam Stores v. The State of Bihar

Date: Apr 26, 2023
Mandatory Consideration of Merits in GST Appeals: Insights from Purushottam Stores v. The State of Bihar Introduction Purushottam Stores v. The State of Bihar is a landmark judgment delivered by the...
Reaffirmation of Evidentiary Standards for Confessions under Section 161 Cr.P.C.

Reaffirmation of Evidentiary Standards for Confessions under Section 161 Cr.P.C.

Date: Nov 19, 2022
Reaffirmation of Evidentiary Standards for Confessions under Section 161 Cr.P.C. Introduction The case of BINDA RAI @ VINDA RAY v. The State of Bihar adjudicated by the Patna High Court on November...
Preserving Municipal Autonomy: Patna High Court Declares Certain Amendments to Bihar Municipal Act, 2021 Unconstitutional

Preserving Municipal Autonomy: Patna High Court Declares Certain Amendments to Bihar Municipal Act, 2021 Unconstitutional

Date: Oct 22, 2022
Preserving Municipal Autonomy: Patna High Court Declares Certain Amendments to Bihar Municipal Act, 2021 Unconstitutional Introduction The case of Patna Nagar Nigam Staff Union v. The Union of India...
Policy Supremacy in Public Welfare Schemes: Insights from Amresh Kumar Singh v. The State of Bihar

Policy Supremacy in Public Welfare Schemes: Insights from Amresh Kumar Singh v. The State of Bihar

Date: Oct 12, 2022
Policy Supremacy in Public Welfare Schemes: Insights from Amresh Kumar Singh v. The State of Bihar Introduction The case of Amresh Kumar Singh v. The State of Bihar was adjudicated by the Patna High...
Patna High Court Reinforces State Responsibility in Adhering to Litigation Policy for Timely Disbursement of Contracts

Patna High Court Reinforces State Responsibility in Adhering to Litigation Policy for Timely Disbursement of Contracts

Date: Sep 15, 2022
Patna High Court Reinforces State Responsibility in Adhering to Litigation Policy for Timely Disbursement of Contracts Introduction The case of Raghoji House Of Distribution, Through Its Proprietor...
Proper Procedure for Cancellation of Caste Certificates: Baidhnath Singh v. State Of Bihar

Proper Procedure for Cancellation of Caste Certificates: Baidhnath Singh v. State Of Bihar

Date: Jun 22, 2022
Proper Procedure for Cancellation of Caste Certificates: Baidhnath Singh v. State Of Bihar Introduction The case of Baidhnath Singh v. State Of Bihar Through The Principal Secretary, Department Of...
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