Cases Citing Section 35

with a liberty to the appellant to approach the High Court with appropriate application. The petitioner again filed CWJC No. 10874 of 2014, which was withdrawn with liberty to the petitioner to Patna High Court C.R. No.12 of 2021(11) dt.12-01-2024 4/10 approach the forum of arbitration for settlem...

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....

IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.10 of 2020 In Civil Writ Jurisdiction Case No.12370 of 2015 ====================================================== Krishnadeo Poddar Son of Late Sitabi Poddar, Retired Head Electrician, Muzaffapur Electric Supply Circle, res...

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1507 of 2017 ====================================================== Dipak Kumar Jha Son of Late Shyam Charan Jha, Grand Son of Late Tara Charan Jha @ Lalan Babu Resident of Village - Mahisi, P.O. and P.S. - Mahisi, ...

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 Patna High Court C.R. No.12 of 2021(11) dt.12-01-2024 9/10 decision that in the absence of an agree...

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...

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...

but a ‘superstructure’ erected/installed on the platform of 30 ft height and the statue encompasses the word ‘superstructure’ mentioned in Section 2(k) of the Act 2008. The learned counsel next Patna High Court C.R. No.12 of 2021(11) dt.12-01-2024 5/10 submitted that, as per Clause 5(ii) of the Ag...

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; ...

Pramod Sah presently residing at C/o Bachchu Rajak, Mohalla- Mahendru, Near Malariya Office, P.S.- Sultanganj, District- Patna, presently posted as Dresser in the Department of Surgical I.C.U. Patna Medical College and Hospital, Patna. 12.Pushpa Rani W/o Purushottam Das presently residing at - C/o ...