Tag: Patna High Court

Supreme Court Clears Way for Occupation Certificate, Bans Construction on Recreational Plot
21Feb By The Legal ChamberNo Comments
Supreme Court

Supreme Court Clears Way for Occupation Certificate, Bans Construction on Recreational Plot

The Supreme Court set aside the concurrent convictions, holding that non-compliance with Section 313 CrPC vitiates a fair trial. The trial court's failure to put each material circumstance individually to the appellants caused prejudice. The Court remanded the matter for de novo examination from the stage of recording Section 313 statements, emphasizing this mandatory procedural requirement. Facts Of The Case: The case originated from an incident on March 31, 2016, when the informant, Kachan Pasi, along with his father Ghughali Pasi, mother Kouta Devi, and sister-in-law Dharmsheela Devi, were returning from their fields. They were allegedly surrounded by several accused persons, including the three appellants before the Supreme Court—Chandan Pasi, Pappu Pasi, and Gidik Pasi. The accu...
Read More
Model Litigant?: Supreme Court Slams State Agency for Derailing 3-Year Arbitration Process
14Feb By The Legal ChamberNo Comments
Supreme Court

Model Litigant?: Supreme Court Slams State Agency for Derailing 3-Year Arbitration Process

The Supreme Court held that an arbitration agreement survives even if the unilateral appointment mechanism is invalid; such offending portions are severable. Courts cannot review Section 11 orders absent patent error. Joint Section 29A extensions constitute waiver under Section 4 but cannot cure Section 12(5) ineligibility, which requires express post-dispute written waiver. Non-speaking SLP dismissal does not affirm underlying judgment Facts Of The Case: The dispute originated from a contract dated 04.03.2014 awarded by Respondent No. 1, Bihar Rajya Pul Nirman Nigam Limited, to the appellant, Hindustan Construction Company Limited, for construction of a bridge over the River Sone in Bihar. The contract contained Clause 25 providing for arbitration. The appellant had previously inv...
Read More
Supreme Court Rules: Delayed Investigations Violate Fundamental Rights
9Feb By The Legal ChamberNo Comments
Supreme Court

Supreme Court Rules: Delayed Investigations Violate Fundamental Rights

In this appeal, the Supreme Court allowed the petition and quashed the criminal proceedings against the appellant. The Court held that the prosecution sanction under Section 197 CrPC was a non-speaking order devoid of application of mind and was therefore invalid. Furthermore, the inordinate delay of over 11 years in completing the investigation violated the appellant's fundamental right to a speedy trial under Article 21 of the Constitution. Facts Of The Case: The case originates from the alleged irregular issuance of arms licenses in 2004-2005 when the appellant, an IAS officer, served as the District Magistrate-cum-Licensing Authority in Saharsa, Bihar. An FIR was registered in 2005 alleging that licenses were granted to unfit, non-resident, and even fictitious persons without p...
Read More
Supreme Court: Registration Authorities Can’t Demand Mutation Proof Before Registering a Sale
28Jan By The Legal ChamberNo Comments
Supreme Court

Supreme Court: Registration Authorities Can’t Demand Mutation Proof Before Registering a Sale

The Supreme Court struck down sub-rules (xvii) and (xviii) of Rule 19 of the Bihar Registration Rules, 2019, holding them ultra vires the Registration Act, 1908. The Court ruled that the rule-making power under Section 69 does not authorize registering authorities to demand proof of mutation or title as a precondition for document registration, deeming such a requirement arbitrary and beyond the scope of the Act. Facts Of The Case: The case originated from challenges to the 2019 amendments to the Bihar Registration Rules, 1989, specifically the introduction of sub-rules (xvii) and (xviii) to Rule 19. These new rules empowered registering authorities to refuse registration of a sale or gift deed if the document did not mention, and the seller did not produce proof of, a "jamabandi a...
Read More
Training is a Must: Supreme Court Judgment on Railway Recruitment and Service Confirmation
16Oct By The Legal ChamberNo Comments
Supreme Court

Training is a Must: Supreme Court Judgment on Railway Recruitment and Service Confirmation

The Supreme Court held that successful completion of prescribed training, including passing the requisite written test, is a mandatory condition precedent for confirmation in service for direct recruits to Group 'C' non-gazetted railway posts. Failure to clear this training examination validly entitles the employer to terminate services, as it is a fundamental term of recruitment governed by the Master Circular. Facts Of The Case: The case involved Alok Kumar, who was provisionally appointed as a Senior Section Engineer (Trainee) in the Railways after clearing a recruitment examination. His appointment was conditional on the successful completion of a 52-week training program. After 46 weeks of field training, he was sent, along with other trainees, to a three-week General and Subsidiary...
Read More
Supreme Court : Courts Can’t Reopen Departmental Inquiries; Role is to Check Procedure, Not Merits
23Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court : Courts Can’t Reopen Departmental Inquiries; Role is to Check Procedure, Not Merits

This Supreme Court judgment reaffirms the limited scope of judicial review in departmental inquiries. The Supreme Court held that constitutional courts cannot act as appellate authorities to re-examine evidence. Interference is permissible only for procedural illegality, natural justice violations, or manifest perversity, not to reassess the merits of the findings recorded by the disciplinary authority. Facts Of The Case: The respondent, Ramadhar Sao, was employed as a messenger (a Class-IV employee) with the State Bank of India. In 2008, the Bank received complaints alleging he acted as a middleman, taking bribes from customers to facilitate the sanction and disbursement of loans. A chargesheet was issued against him in 2010, accusing him of misconduct for acting as a conduit fo...
Read More
Supreme Court Ruling: Courts Must Appoint Arbitrator Even If Serious Fraud is Alleged
5Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Ruling: Courts Must Appoint Arbitrator Even If Serious Fraud is Alleged

The Supreme Court reaffirmed that under Section 11(6A) of the Arbitration Act, a court's role is prima facie confined to examining the existence of an arbitration agreement. All other contentious issues, including allegations of serious fraud and non-arbitrability, are jurisdictional matters that must be decided by the arbitral tribunal under Section 16. Facts Of The Case: The appellant, Bihar State Food and Civil Supplies Corporation, entered into agreements with various rice millers for the custom milling of paddy procured from farmers. The agreements contained an arbitration clause. When the millers allegedly failed to deliver the stipulated quantity of rice, the Corporation initiated recovery proceedings under the Bihar and Orissa Public Demands Recovery Act, 1914. The millers challe...
Read More
No Narco Test Without Consent: Supreme Court Cites Constitutional Rights
18Jun By The Legal ChamberNo Comments
Supreme Court

No Narco Test Without Consent: Supreme Court Cites Constitutional Rights

The Supreme Court ruled that involuntary narco-analysis tests violate Articles 20(3) and 21 of the Constitution, affirming that such tests and information derived from them are inadmissible as sole evidence for conviction. While voluntary tests with safeguards are permissible, their results alone cannot lead to conviction. An accused has a right to voluntarily undergo the test during trial, but it's not an indefeasible right; the court must assess all circumstances, including free consent and safeguards. The Court emphasized that a bail application should not involve ordering such involuntary investigative techniques. Facts Of The Case: A First Information Report (FIR No. 545 of 2022) was registered on August 24, 2022, at P.S. Mahua, under various sections of the Indian Penal Code, 1860,...
Read More
Bank’s Gold Revaluation Under Scrutiny: Supreme Court Allows Trial Against Bank Officials
18Jun By The Legal ChamberNo Comments
Supreme Court

Bank’s Gold Revaluation Under Scrutiny: Supreme Court Allows Trial Against Bank Officials

The Supreme Court of India allowed the appeal by Abhishek Singh, holding that the High Court improperly quashed the FIR filed by him. The High Court erred by considering extraneous documents and evaluating the merits of the case at the quashing stage, rather than determining if a prima facie offense was made out. The proceedings from the FIR are revived, and the guilt or innocence of the respondents is to be established at trial. Facts Of The Case: Abhishek Singh, the appellant, a businessman, secured a loan of ₹7,70,000 from the Bank of India on July 22, 2020, by pledging 254 grams of 22-carat gold ornaments. According to Singh, he repaid the loan, including interest, by March 31, 2023, after receiving a notice from the bank on October 7, 2022, to pay ₹8,01,383.59. However, unbeknownst ...
Read More