Cases Citing Section 5

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; ...

Bindu Bhushan, Chief Engineer, Muzaffarpur Zone, Public Health Engineering Department, Muzaffarpur. 6.Sri Manoj Kumar, Superintending Engineer, Public Health Engineering Darbhanga Circle, Darbhanga. 7.Sri Subodh Sankar, Executive Engineer, Public Health Division, Madhubani. 8.Sri Dharmendra Kumar, ...

question of fact with regard the date of the marriage of the petitioner, which otherwise also, can not be determined without taking evidences. 9. So far the post of Aganwadi Sevika is concerned, it is a post created under the scheme and not holding any civil post, thus no prot...

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...

FACTS: Challenged Kerala Land Reforms Act. 13-judge bench reviewed parliament's power to amend the Constitution. Held: Parliament can amend any part of the Constitution, including Fundamental Rights, but cannot alter or destroy the 'Basic Structure' of the Constitution. Ratio: Basic Structure doctri...

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...

be referred to as ‘the Arbitration Tribunal’), in Reference Case No. 70/2016, by which the Arbitration Tribunal dismissed the reference made under Sections 9 and 11 of the Bihar Public Works Contracts Patna High Court C.R. No.12 of 2021(11) dt.12-01-2024 2/10 Disputes Arbitration Tribunal Ac...

in holding that it has no jurisdiction to decide the matter. Undisputedly, the authority mentioned in paragraph-22 of the Agreement has only jurisdiction over the subject matter of the contract. 14. The revision application is accordingly dismissed. 15. As it has already been submitted that the ma...

no. 38 (Old), Holding no. 96 (subsequent), presently part of Holding no. 1; (ii) further for direction to the respondents particularly respondent no. 3, 4 & 7 to abstain from creating unnecessary and unreasonable restrictions upon the petitioners in exercising their right to...

appointment letter and in his place, the respondent no. 8 was selected as Aganwadi Sevika. 4. On the other hand, the respondent no. 8 obtained only 58.60 % marks, much less than the petitioner, who obtained 76% marks, nonetheless her case was placed for consideration and, as such,...