Cases Citing Section 38

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3633 of 2018 ====================================================== Bande Lal Sah S/o Late Sundar Lal Sah, Resident of Village- Ekamba, P.S.- Jalalgarh, District- Purnea. ... ... Petitioner/s Versus 1.The State of Bihar. 2.Th...

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...

IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.3 of 2022 In Civil Writ Jurisdiction Case No.10685 of 2019 ====================================================== Vinni Kumari presently residing at Bhawar Pokhar, Behind Khetan Market, P.S. - Pirbahore, district- Patna, Posted as Dre...

Mufasil, District- Begusarai, Presently residing at C/O Bhushan Jee, Sakuntala Kunj, Subhakarmana Colony, East Laxminagar, P.S. - Ramkrishna Nagar, Patna presently posted as Dresser in O.T. - 4, Patna Medical College Hospital, Patna. 7.Ajay Kumar Son of Suryabansh Singh presently residing at C/o, M...

P.S.- Alamganj, District- Patna, presently posted as Dresser in R.S.B. O.T. No. 5, Patna Medical College and Hospital, Patna. 23.Chandan Kumar S/o Sudama Singh resident of Village- Karma, Post- Karma, Via- Nasriganj, P.S.- Karakat (Gorari), District- Rohtas, presently posted as Dresser in R.S.B. O....

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....

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....

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; ...

petitioner. Therefore, the same has to held as bad, illegal, contrary to the provisions of Rule 27(ii) of the Control Order and has to necessarily set aside. 9. Having regard to the above facts and circumstances and the law laid down by this Hon’ble...

marriage of the petitioner was solemnised on 29.11.2017 itself, is the contention of learned Advocate for the petitioner. The order of the Collector, Samastipur is under challenge in the case in hand. 6. Learned Advocate for the petitioner contended that the certificate issued by the prie...