Constitutional Law – Reservation Policy – Affirmative Action – The High Court of Patna examined the constitutionality of the Bihar Reservation of Vacancies in Posts and Services (for Scheduled Caste, Scheduled Tribes and Other Backward Classes) Amendment Act, 2023, and the Bihar Reservation (in Admission to Educational Institutions) Amendment Act, 2023, which enhanced reservation...
Pension and Gratuity – Withholding of Retirement Benefits – Rule 43(b) and 43(c) of the Bihar Pension Rules, 1950 – Petitioner retired without any pending departmental or criminal proceedings – Withholding 10% of pension and gratuity deemed illegal in absence of such proceedings – Writ petition allowed directing respondents to pay withheld amounts [Paras 2-19].
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Pre-emption Rights – Tenancy and Co-sharer Claims – Plaintiffs sought to pre-empt a sale based on tenancy claims over the suit land – Defendants claimed superior rights as tenants in possession – Rival pre-emptors, Samey Singh and Partap, also filed suit claiming rights as co-sharers and tenants.
Tenancy Rights – Evidence and Presumptions – Trial co...
Family Law – Restoration of Petition – Appellant’s Conduct –
Petition under Section 9 of the Hindu Marriage Act dismissed for default as appellant and his counsel failed to appear on the scheduled date – Appellant walked out during proceedings on the prior date and did not return – Filed for restoration under Order IX Rule 4 CPC after four months – Appe...
Contract Law – Recovery of Money – Suit for recovery based on credit katha for yarn trade – Appellants contested the claim asserting discharge of dues through payments – Trial court decreed in favor of plaintiff for Rs. 88,070.50 with 6% interest p.a. – Appeal challenging the trial court’s judgment dismissed – Court upheld the trial court’s findings ...
Insurance Claim – Cyclone Damage – Appellants challenged the judgment awarding the respondent compensation for cyclone damage to stock insured under their policy – Trial Court had partially decreed the suit for Rs.1,01,091/- with 6% interest – Appellants argued damages should exclude verandah-stored stock not covered by policy and questioned privity of contract for interest...
Contempt of Court – Willful Disobedience – Petitioners sought to punish respondents for disobeying orders of the Division Bench of the High Court – Respondents claimed good faith, misunderstanding the status of interim order – Court accepted unconditional apologies considering no further actions were taken post-execution petition – Contempt case closed with direction ...
Condonation of Delay – Sufficient Cause – Petitioner sought condonation of delay of 2361 days in filing an appeal – Claimed unawareness of suit and its result till recently – Respondents opposed, alleging falsehood in petitioner’s claims – Court emphasized liberal construction of “sufficient cause” to advance substantial justice – Considered pe...
Pre-Institution Mediation – Compliance Requirement – Defendant sought rejection of the plaint for non-compliance with the mandatory requirement of pre-institution mediation under Section 12-A of the Commercial Courts Act, 2015 – Held, whether urgent interim relief is contemplated must be assessed based on the plaint’s pleadings – Plaintiff’s contemplation of urg...
Trusteeship Removal – Grounds of Removal – The appellant was removed from his position as hereditary trustee due to non-compliance with mandatory requirements under Sections 29 and 30 of the Act, unauthorized leasing of temple properties, improper handling of property registers, and unauthorized collection of donations for temple renovations. The court found that the appellant failed t...