Cases Citing Section 394

come under the purview of superstructure, as mentioned in Section 2(k) of the Act, 2008. 12. The Hon’ble Apex Court in the case of M/s Brahmaputra Infrastructure Ltd. (supra), after referring Sections 8, 9 and 22 of the Act 2008 has held in paragraph-5 of the said...

FACTS: Anticipatory bail application in a Section 498A IPC cruelty case. Held: Arrest should not be the default action in offences carrying punishment of less than 7 years. Ratio: Police must comply with Section 41A CrPC (now Section 35 BNSS) notice guidelines before executing arrest....

available. It is apt and proper to refer the judgment rendered by this Court in the case of Parvati Devi @ Parvati Singh Vs. The State of Bihar and Ors., reported in 2024 (1) BLJ 178 held as follows: Patna High Court CWJC No.426 of 2022 dt.26-11-2024 6/8 “5. This Court would also refer ...

FACTS: Petition seeking action for police failure to register an FIR for kidnapping. Held: Registration of FIR is mandatory under Section 154 CrPC (now Section 173 BNSS) if the information discloses a cognizable offence. Ratio: No preliminary inquiry is permitted if cognizable offence is disclosed; ...

दी द एव फ दी स वा बितू त क क स वा स्थि ब वववा ब दत जमदी न पर हलो रह क ब नमर्मा ण कवा यर्य कवा फ लोटलो ग्रवा फ दवा ब खिल ब कयवा गयवा और ब नव क दन ब कयवा गयवा ब क मददवा लहन मदकदमवा कदी जवा नकवा रदी क क Patna High Court C.Misc. No.57 of 2024 dt.02-02-2024 3/4 बिवावजतू न्यवा यवा लय नहदी आकर ब वववा ब...

deems it fit and proper to refer to a judgment rendered by the learned Division Bench of this Court in the case of Babita Kumari v. The State of Bihar and others, reported in 2016 SCC Online Pat 9434, paragraphs no. 7 and 8 whereof are reproduced herein below:- “7. Having considered t...

parties ====================================================== Appearance : For the Petitioner/s: Mr. S.D.Sanjay,Sr. Advodate Mr. Mohit Agarwal Mr. Rahul Kumar Mr.Vishal Kumar Ms. Priya Gupta For the State Mr. Nalin Vilochan Tiwary, AC to GA 9 For BSTDCL Mr. Kumar A...

the Bihar State Tourism Development Corporation (Annexure-5). Thereafter, an agreement was entered into between the parties on 29 th August, 2013. The consideration money was fixed as Rs.17.37 crores, Patna High Court C.R. No.12 of 2021(11) dt.12-01-2024 3/10 as per Clause 5 of the agreement. The ...

FACTS: Petitioner's passport was impounded without giving reasons. Held: Article 21 procedure must be 'just, fair, and reasonable', not arbitrary or oppressive. Ratio: Expanded Article 21 scope, introducing substantive due process principles into Indian jurisprudence....

08.10.2013 as well as for payment of 5% of total amount, which was to be paid at the juncture of approval of clay model submitted by the petitioner, as per clause 5(ii) of the Agreement. The said writ application was dismissed and the petitioner then filed LPA No. 494 of 2014, which was disposed of...