Patna High Court Defers Hearing Plea On RTI Pendency In Bihar, Cites Ongoing SC Proceedings

The Patna High Court has deferred hearing in a Public Interest Litigation seeking directions to clear the massive pendency of RTI applications and appeals in Bihar, noting that the issue is presently under consideration before the Supreme Court.A Division Bench comprising Chief Justice Sangam Kumar Sahoo and Justice Harish Kumar was hearing a PIL seeking issuance of a writ of continuing...

'Blacklisting Without Supplying Relied-Upon Documents Violates Natural Justice': Patna HC Sets Aside 2-Year Debarment Of Contractor

The Patna High Court has held that blacklisting a contractor without furnishing the documents forming the basis of allegations violates principles of natural justice, setting aside a two-year debarment imposed by the State authorities.A Division Bench of Justice Sudhir Singh and Justice Shailendra Singh was hearing a writ petition challenging the order dated 10.12.2025 issued by...

Tender Lapses Automatically If Not Extended; Repeated Representations Can't Cure Delay: Patna High Court

The Patna High Court has held that mere filing of repeated representations cannot cure delay or extend limitation, and that once a tender period lapses without extension, the contract stands naturally terminated, allowing the State to issue a fresh tender in public interest.A Division Bench comprising Chief Justice Sangam Kumar Sahoo and Justice Harish Kumar was hearing a Letters Patent...

Debarment Must Have Express Tender Backing; Cannot Be Imposed by Implication: Patna High Court Quashes Blacklisting Of Contractor

The Patna High Court has held that debarment of a bidder, which entails serious civil consequences, must be founded on an express provision in the tender conditions or applicable statutory framework, setting aside a three-year debarment imposed on a contractor.A Division Bench of Justice Sudhir Singh and Justice Rajesh Kumar Verma was hearing a writ petition challenging the Office Order...

Cannot Indulge Those Who Compete With 'Kumbhkarna', Delay Invites Disaster: Patna HC Dismisses Appeal In Service Regularisation Claim

The Patna High Court has reiterated that mere filing of representations does not extend limitation, holding that courts will not entertain belated claims where a litigant has approached after inordinate delay, and dismissed an intra-court appeal seeking regularisation of service.A Division Bench comprising Chief Justice Sangam Kumar Sahoo and Justice Harish Kumar was hearing a Letters...

Phenothiazine & Promethazine Covered Under Drugs & Cosmetics Act, Not Narcotic Or Psychotropic Substance: Patna High Court Suspends Sentence

The Patna High Court suspended the sentence of three men convicted under the NDPS Act, after noting that the substances that were seized from them appeared to be Phenothiazine and Promethazine which did not come within the ambit of any narcotic drug and psychotropic substances. The three appellants had approached the high court seeking suspension of sentence of trial court order which...

S.107 CrPC Invocable Only For Threat To Public Peace, Not Over Individual Fear: Patna High Court Quashes Preventive Proceedings

The Patna High Court has held that proceedings under Section 107 CrPC can be initiated only where there are allegations of overt acts likely to lead to breach of public peace affecting the public at large, and not merely because some individuals claim to be living under fear due to threats.A Single Judge Bench of Justice Jitendra Kumar was hearing a criminal writ petition seeking quashing...

'Mandatory Tender Conditions Cannot Be Relaxed': Patna HC Sets Aside Technical Qualification Of Bidder For Non-Submission Of Required Document

The Patna High Court has held that mandatory conditions stipulated in tender documents cannot be overlooked or relaxed by authorities while determining technical qualification of bidders, setting aside the technical qualification and L-1 declaration of a bidder who failed to furnish a mandatory payment certificate.A Division Bench of Justice Sudhir Singh and Justice Shailendra Singh was hearing...

Only Subsisting, Enforceable Obligations Qualify As 'Existing Commitments' In Tender Process: Patna High Court

The Patna High Court has held that only subsisting and enforceable obligations can be treated as “existing commitments” for purposes of tender disclosure requirements, setting aside the disqualification of a bidder for alleged non-disclosure of a work which had already been proposed to be dropped by the department.A Division Bench of Justice Sudhir Singh and Justice Shailendra Singh...

'Decision To Transfer Govt Servant Lies With Executive': Patna HC Sets Aside Single Judge's Direction To Transfer Forest Officer

The Patna High Court has held that transfer and posting of a government servant lies within the exclusive domain of the executive, setting aside a Single Judge's direction to transfer a Divisional Forest Officer (DFO) during pendency of proceedings.A Division Bench of Chief Justice Sangam Kumar Sahoo and Justice Harish Kumar was hearing an appeal filed by the State challenging the order...

SC Judgment Didn't Hold Breath Analyzer Test Is Inconclusive Proof Of Alcohol Consumption: Patna High Court Clarifies

The Patna High Court has held that the Supreme Court in the case of Bachubhai Hassanalli Karyani -Vs- State of Maharashtra(1971) did not hold that a breath analyser test is inconclusive proof of alcohol consumption.A Division Bench of Chief Justice Sangam Kumar Sahoo and Justice Harish Kumar held that the SC judgment did not lay down any proposition that the Breath Analyser Report is not...

Patna HC Invokes Doctrine Of Frustration To Dissolve Marriage Under SMA After Wife Remarried, Flags “Perverse” Family Court Ruling

The Patna High Court has strongly criticised a Family Court's interpretation of the Special Marriage Act as “perverse”, and in a significant development, invoked the doctrine of frustration to dissolve a marriage, holding that courts must recognise reality where continuation of marital obligations has become impossible.A Division Bench of Justice Bibek Chaudhuri and Justice Chandra...