SC refuses to stay Patna HC verdict setting aside Bihar law raising quotas from 50 to 65 pc
4 months, 3 weeks ago

SC refuses to stay Patna HC verdict setting aside Bihar law raising quotas from 50 to 65 pc

Deccan Chronicle  

New Delhi: In a setback to the Bihar government, the Supreme Court on Monday refused to stay a Patna High Court order setting aside the amended reservation laws in the state that enabled the Nitish Kumar dispensation to raise quotas for Dalits, tribals and backward classes from 50 per cent to 65 percent.A bench comprising Chief Justice D Y Chandrachud and justices J B Pardiwla and Manoj Misra, however, agrees to hear as many as 10 petitions of the Bihar government against the Patna HC verdict. Appearing for the state government, senior advocate Shyam Divan urged the bench to stay the HC order. He referred to a similar case of Chhattisgarh and said that the top court had stayed the order of the high court in that case. In its June 20 verdict, the high court declared that the amendments, passed unanimously by the state's bicameral legislature in November last year, were "ultra vires" of the Constitution, "bad in law" and "violative of the equality clause".

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History of this topic

Findings Of Calcutta HC Cannot Be Challenged Before Courts At Patna After Objections Over Jurisdiction Were Dismissed: Patna High Court
2 weeks, 2 days ago

Findings Of Calcutta HC Cannot Be Challenged Before Courts At Patna After Objections Over Jurisdiction Were Dismissed: Patna High Court

Live Law  

The Patna High Court Bench of Justice Sandeep Kumar has held that the findings of the Calcutta High Court cannot be challenged in the Courts at Patna. Also, the court held that on the question of jurisdiction the Calcutta High Court has already given categorical findings rejecting the objections raised of the petitioner. Thereafter, the court affirmed the findings of …

Judicial Orders Mandating Incarceration- Recent Trend Of Imposition Of Restriction On Filing A Subsequent Bail Petition
3 weeks, 4 days ago

Judicial Orders Mandating Incarceration- Recent Trend Of Imposition Of Restriction On Filing A Subsequent Bail Petition

Live Law  

The fixing of time for concluding the trial and renewing the Bail application after a certain time became a generally inevitable part of criminal jurisprudence of the High Courts of India and the Supreme Court while deciding Regular Bail Petitions. To de-valuing of clean hand of the accused, facts, circumstance and stage of the case and fixing time for subsequent …

Criminal Appeals Arising From Same Judgment Must Be Heard Together By Division Bench: Patna High Court
4 weeks, 1 day ago

Criminal Appeals Arising From Same Judgment Must Be Heard Together By Division Bench: Patna High Court

Live Law  

The Patna High Court recently ruled that when multiple criminal appeals arise from the same trial court judgment, one involving a sentence of more than ten years and another with a sentence of less than ten years, the appeal with the lesser sentence must also be heard by the Division Bench. As per the Patna High Court Rules, all appeals …

SC issues notice to Centre on RJD's plea against Patna HC verdict setting aside raise in quota limit
3 months, 2 weeks ago

SC issues notice to Centre on RJD's plea against Patna HC verdict setting aside raise in quota limit

New Indian Express  

NEW DELHI: The Supreme Court on Friday sought responses from the Centre and the state government on a plea of Rashtriya Janata Dal against a Patna High Court order setting aside the amended reservation laws in Bihar that had led to raising of quotas for Dalits, tribals and backward classes from 50 per cent to 65 percent. On July 29, …

SC bench to hear Punjab HC’s criticism of its order
4 months, 2 weeks ago

SC bench to hear Punjab HC’s criticism of its order

Hindustan Times  

The Supreme Court on Tuesday took suo motu cognisance of an unusual order issued by a Punjab and Haryana high court judge, who criticised a stay order previously passed by the apex court while commenting that the Supreme Court tends to perceive itself as more “supreme” than it actually is and views high courts as being less “high” than they …

SC refuses interim stay on Patna HC’s ruling striking down Bihar government’s 65% reservation law
4 months, 3 weeks ago

SC refuses interim stay on Patna HC’s ruling striking down Bihar government’s 65% reservation law

Op India  

On Monday, the Supreme Court of India refused an interim stay on Patna High Court’s judgement that struck down the Bihar government’s law that increased reservations in the state from 50% to 65% in public employment and educational institutions. No interim relief.” Notably, the Bihar government has approached the top court to challenge the Patna High Court’s order dated 20th …

SC declines to grant interim stay of Patna HC decision quashing 65% quota in Bihar
4 months, 3 weeks ago

SC declines to grant interim stay of Patna HC decision quashing 65% quota in Bihar

The Hindu  

The Supreme Court on July 29 refused to order interim stay of a Patna High Court decision quashing reservation up to 65% for Backward Classes, Extremely Backward Classes, Scheduled Castes and Scheduled Tribes in public employment and institutions. Solicitor General Tushar Mehta and senior advocate Shyam Divan, for Bihar, urged the court to stay the High Court decision which had …

Supreme Court refuses to stay Patna HC order that scrapped govt's move to increase Backward Classes quota
4 months, 3 weeks ago

Supreme Court refuses to stay Patna HC order that scrapped govt's move to increase Backward Classes quota

India TV News  

In a major setback to Bihar Chief Minister Nitish Kumar and the BJP, the Supreme Court on Monday refused to stay the Patna High Court's decision that scrapped state government's decision to increase the quota for backward classes from 50 per cent to 65 per cent. Supreme Court listed the matter in September for hearing Bihar Government's plea challenging Patna …

Bihar govt moves SC against Patna High Court order quashing 65 per cent reservation law
5 months, 3 weeks ago

Bihar govt moves SC against Patna High Court order quashing 65 per cent reservation law

India TV News  

The Bihar government has taken a significant legal step by filing a petition in the Supreme Court challenging a recent ruling by the Patna High Court concerning reservation quotas. Filed through, Advocate Manish Kumar, the petition contests the High Court's decision to invalidate Bihar's amendment Acts of 2023, which aimed to raise reservation quotas from 50 per cent to 65 …

Bihar moves top court against HC quota hike order
5 months, 3 weeks ago

Bihar moves top court against HC quota hike order

Hindustan Times  

The Bihar government has approached the Supreme Court challenging the Patna high court decision striking down the law enhancing caste-based reservation to 65% in jobs and admissions and argued that the caste survey carried out by the state adequately satisfies the parameters required to breach the 50% ceiling on reservation set by the top court in the 1992 Indra Sawhney …

Bihar reservation hike: State government moves SC against Patna HC decision to ‘set aside’ reservation hike
5 months, 3 weeks ago

Bihar reservation hike: State government moves SC against Patna HC decision to ‘set aside’ reservation hike

The Hindu  

The Bihar government moved the Supreme Court on Tuesday, challenging the Patna High Court’s directive to ‘set aside’ the increase in the State’s reservation for disadvantaged communities, from the existing 50% to 65%. “Yes, the State government has filed an appeal before the Supreme Court today and our advocate Ayush Anand too has filed a caveat before the court to …

Bihar dy CM says will move Supreme Court against HC stay on quota hike
6 months ago

Bihar dy CM says will move Supreme Court against HC stay on quota hike

Hindustan Times  

The Bihar government will move the Supreme Court to challenge the Patna high court’s decision setting aside a hike in reservation for deprived castes from 50% to 65%, deputy chief minister Samrat Choudhary said on Thursday, even as leader of opposition Tejashwi Yadav slammed the ruling National Democratic Alliance for failing to include the quota law in the ninth schedule …

Former HC judges urge President, CJI, EC to uphold Constitution in case of hung Parliament
6 months, 3 weeks ago

Former HC judges urge President, CJI, EC to uphold Constitution in case of hung Parliament

India TV News  

A day ahead of the vote counting of the Lok Sabha elections, seven ex-high court judges wrote an open letter to President Droupadi Murmu on Monday requesting her to follow the “established democratic precedent” and invite the largest pre-poll alliance to form the government in case of a hung Parliament. Mentioning the May 25 open statement of the Constitutional Conduct …

Supreme Court refuses to entertain plea for re-polling in Bihar's Munger seat
6 months, 3 weeks ago

Supreme Court refuses to entertain plea for re-polling in Bihar's Munger seat

India Today  

The Supreme Court on Friday refused to entertain a plea seeking re-polling in several booths in Munger constituency in Bihar amid the ongoing Lok Sabha polls. The petitioner, RJD's Lok Sabha candidate Kumari Anita, claimed that booths were taken over and several incidents where people from marginalised castes abstained from voting took place. Being a woman, she could not have …

Plea against HC verdict upholding caste survey in Bihar: SC to hear matter on August 7
1 year, 4 months ago

Plea against HC verdict upholding caste survey in Bihar: SC to hear matter on August 7

The Hindu  

The Supreme Court is scheduled to hear on August 7 a petition challenging the August 1 verdict of the Patna High Court which had upheld the validity of the caste survey in Bihar. According to the cause list uploaded on the apex court website, a plea filed by NGO 'Ek Soch Ek Paryas' challenging the High Court verdict is listed …

Supreme Court Dismisses CBI's Plea Against HC Stay On Probe Against Karnataka Dy CM DK Shivakumar; Leaves Matter Open To Be Decided By HC
1 year, 4 months ago

Supreme Court Dismisses CBI's Plea Against HC Stay On Probe Against Karnataka Dy CM DK Shivakumar; Leaves Matter Open To Be Decided By HC

Live Law  

The Supreme Court on Monday dismissed a petition filed by the Central Bureau of Investigation challenging the Karnataka High Court temporarily staying a probe by the central agency against Karnataka deputy chief minister DK Shivakumar in a corruption case arising out of allegations regarding disproportionate assets. A bench of Justices BR Gavai, CT Ravikumar, and Sanjay Kumar was hearing a …

SC refuses to intervene against HC stay on Bihar caste-based survey
1 year, 7 months ago

SC refuses to intervene against HC stay on Bihar caste-based survey

The Hindu  

May 18, 2023 02:46 pm | Updated 05:38 pm IST - NEW DELHI The Supreme Court on Thursday refused to immediately lift an interim stay directed by the Patna High Court on a caste-based survey in Bihar. “If the High Court does not hear the matter, we will hear it on the point of interim relief,” Justice Oka addressed senior …

Patna High Court Dismisses Plea Seeking Reservation For Freedom Fighters' Grandchildren In Recruitment Of Assistants In HC
1 year, 7 months ago

Patna High Court Dismisses Plea Seeking Reservation For Freedom Fighters' Grandchildren In Recruitment Of Assistants In HC

Live Law  

The Patna High Court recently dismissed a petition seeking reservation for grandchildren of freedom fighters in the recruitment for the position of Assistants in the High Court. The petition was filed by Vikash Kumar after the High Court invited online applications on 03-02-2023 from eligible candidates for appointment to 550 vacant posts of Assistants in the Patna High Court. The …

Bihar government moves SC challenging Patna HC stay on caste-based survey
1 year, 7 months ago

Bihar government moves SC challenging Patna HC stay on caste-based survey

India Today  

The Bihar government on Thursday moved the Supreme Court challenging the Patna High Court order putting an interim stay on the caste-based survey in the state. Patna High Court had on Tuesday rejected the Bihar government’s petition, seeking early hearing of its interim stay on caste-based survey in the state. The Bihar government in its special leave petition before the …

Section 389 CrPC | Sentence Can Be Suspended In Appeal Only If Convict Has Fair Chances Of Acquittal : Supreme Court
1 year, 7 months ago

Section 389 CrPC | Sentence Can Be Suspended In Appeal Only If Convict Has Fair Chances Of Acquittal : Supreme Court

Live Law  

The Supreme Court has held that in order to suspend the substantive order of sentence under Section 389 of the Criminal Procedure Code, there ought to be something apparent or gross on the face of the record, on the basis of which, the Court can arrive at a prima facie satisfaction that the conviction may not be sustainable. It also …

Judicial Order Not Justifiable In Law Does Not Automatically Imply It Was Passed For Extraneous Considerations: Patna HC Grants Relief To Retd Officer
1 year, 8 months ago

Judicial Order Not Justifiable In Law Does Not Automatically Imply It Was Passed For Extraneous Considerations: Patna HC Grants Relief To Retd Officer

Live Law  

In a significant order, a division bench of the Patna High Court has quashed and set-aside a decision of the Standing Committee of the High Court wherein the committee had imposed a punishment of permanent withdrawal of the entire pension of a retired Additional District and Sessions Judge after finding that he had passed judicial orders for extraneous considerations. In …

Supreme Court Weekly Round Up (20th March 2023-26th March 2023)
1 year, 8 months ago

Supreme Court Weekly Round Up (20th March 2023-26th March 2023)

Live Law  

Judgements/Orders Case title - Neeraj Dutta v. State Citation : 2023 LiveLaw 211 The Supreme Court recently observed that the Constitution Bench ruling that direct evidence of demand or acceptance of bribe is not necessary for a conviction under the Prevention of Corruption Act 1988 does not dilute the requirement of proof beyond reasonable doubt. Case Title: Orissa Administrative Tribunal …

SC to set-up a new constitution bench to hear pleas against Nikah-Halal, polygamy
1 year, 9 months ago

SC to set-up a new constitution bench to hear pleas against Nikah-Halal, polygamy

Deccan Chronicle  

New Delhi: The Supreme Court on Thursday said that it will set up a new 5-judge Constitution bench to hear pleas challenging the constitutional validity of polygamy and Nikah halala prevailing among the Muslims as Justice Indira Banerjee and Justice Hemant Gupta who were part of the earlier five-judge bench have since retired. Chandrachud after a mentioning by PIL petitioner …

CrPC | Victim Not Required To Seek Leave To Appeal Against Order Of Acquittal: Patna High Court
2 years, 4 months ago

CrPC | Victim Not Required To Seek Leave To Appeal Against Order Of Acquittal: Patna High Court

Live Law  

The Patna High Court recently observed that victim of a crime has absolute right to prefer an appeal against the order of acquittal and is not required to even seek leave to appeal, unlike a complainant. The observation came from a division bench of Justice Khatim Reza and Justice Chakradhari Sharan Singh: "A victim has absolute right to prefer an …

Supreme Court Stays Patna HC Judgment Which Allowed Elected Persons Disqualified For Having More Than 2 Children To Continue As Panchayat Members
2 years, 5 months ago

Supreme Court Stays Patna HC Judgment Which Allowed Elected Persons Disqualified For Having More Than 2 Children To Continue As Panchayat Members

Live Law  

The Supreme Court recently issued notice in s Special Leave Petition assailing Patna High Court's order allowing three elected persons who were disqualified by the State Election Commission for having more than two children to continue to participate as members of Panchayat. In the present matter, the petitioner had preferred a complaint before the State Election Commission alleging that Saryug …

Already Admitted Criminal Appeal Against Conviction Cannot Be Dismissed On The Ground That Accused Is Absconding : Supreme Court
2 years, 5 months ago

Already Admitted Criminal Appeal Against Conviction Cannot Be Dismissed On The Ground That Accused Is Absconding : Supreme Court

Live Law  

The Supreme Court observed that an already admitted appeal against conviction cannot be dismissed on the ground that the accused is absconding.In this case, the accused was convicted by the Trial Court under Sections 302 and 120B of the Indian Penal Code and Section 27 of the Arms Act, 1959. The Supreme Court observed that an already admitted appeal against …

HC Rejects to Vacate Stay on Order Asking Delhi Govt to Decide Giving Rent for Poor During Covid
2 years, 5 months ago

HC Rejects to Vacate Stay on Order Asking Delhi Govt to Decide Giving Rent for Poor During Covid

News 18  

The Delhi High Court Tuesday dismissed a plea seeking to vacate the stay granted on an order directing the AAP government to decide and formulate a policy on the implementation of Chief Minister Arvind Kejriwal’s announcement that if a poor tenant was unable to pay rent during the COVID-19 pandemic, the state would pay it. There are 100s of things …

Supreme Court Stays Patna HC Direction To State DGP To Produce Sahara Group Chief Subrata Roy Before It
2 years, 7 months ago

Supreme Court Stays Patna HC Direction To State DGP To Produce Sahara Group Chief Subrata Roy Before It

Live Law  

It may be noted that by its April 27 order, the High Court directed that " by way of last chance, the Sahara Group and other companies, who have been taking deposits till about one month back, are directed to come with a plan for return of the investment of the investors, and for that, Sri Subrata Roy, is directed …

Supreme Court dismisses appeal against Patna High Court verdict in 38-year-old case
3 years ago

Supreme Court dismisses appeal against Patna High Court verdict in 38-year-old case

The Hindu  

The Supreme Court has dismissed an appeal filed against a verdict of the Patna High Court modifying the conviction and sentence awarded to a man from life term to five years in a 38-year-old case in which a person had died after he had sustained injuries in a scuffle over grazing of crops. A Bench headed by Justice U. U. …

District Judge (Entry Level), Direct From Bar Examination – 2021, Bihar
3 years ago

District Judge (Entry Level), Direct From Bar Examination – 2021, Bihar

Live Law  

High Court of Judicature at Patna invites application for District Judge, Direct From Bar Examination-2021 from eligible advocates. of Post: 18 Essential Qualification and Experience • Any applicant who has not completed 7 years of practice on the last date of receipt of application as specified in the • Prosecuting officers/ Assistant Prosecuting officers are treated to be advocates and …

Direct Appeal HC Single Bench Orders Maintainable In Appropriate Cases : Supreme Court
3 years, 2 months ago

Direct Appeal HC Single Bench Orders Maintainable In Appropriate Cases : Supreme Court

Live Law  

The Supreme Court has reiterated that existence of alternate remedies is not an absolute bar against the exercise of discretion under Article 136 of the Constitution of India. Observing that the discretion under Article 136 is "flexible and sufficiently wide to correct glaring errors and injustices", the Supreme Court recently entertained a petition filed challenging a single bench order of. …

"Example Of How Not To Write A Judgment": Patna High Court Sets Aside Death Sentence In Dowry Death Case
3 years, 5 months ago

"Example Of How Not To Write A Judgment": Patna High Court Sets Aside Death Sentence In Dowry Death Case

Live Law  

Of what was observed as the "example of how not to write a judgment", the Patna High Court has set aside the reference order of the trial court for confirmation of death sentence in connection with a dowry death case.Observing that the Trial Court ought to have avoided the "sweeping and disparaging remarks" made in its judgment regarding the conduct …

Rajasthan political crisis: SC allows Speaker to withdraw appeal against HC order on Sachin Pilot, 18 rebel MLAs
4 years, 4 months ago

Rajasthan political crisis: SC allows Speaker to withdraw appeal against HC order on Sachin Pilot, 18 rebel MLAs

Firstpost  

The High Court on 24 July had ordered the maintenance of status quo on the disqualification notice issued by the Speaker to 19 dissident Congress MLAs, including Pilot. New Delhi: The Supreme Court allowed the Rajasthan Assembly Speaker on Monday to withdraw his appeal against the high court’s order asking him to defer till 24 July the disqualification proceedings against …

Chidambaram quotes 1992 SC verdict after Rajasthan HC’s order on rebel MLAs
4 years, 4 months ago

Chidambaram quotes 1992 SC verdict after Rajasthan HC’s order on rebel MLAs

Live Mint  

A day after Rajasthan High Court ordered status quo on disqualification notices to 19 rebel MLAs, Congress leader P Chidambaram on Saturday said a 1992 verdict by the Supreme Court stated that judicial review should not cover any stage prior to a decision by the speaker/chairman. "In 1992, the SC ruled: 'Having regard to the constitutional scheme in the Tenth …

Rajasthan HC To Deliver Verdict On Sachin Pilot's Plea On July 24; Requests Speaker Not To Decide On Disqualification Till Then
4 years, 5 months ago

Rajasthan HC To Deliver Verdict On Sachin Pilot's Plea On July 24; Requests Speaker Not To Decide On Disqualification Till Then

Live Law  

The Rajasthan High Court on Tuesday reserved verdict on the petition filed by the rebel Congress MLAs led by Sachin Pilot challenging the notices issuing by the Speaker to initiate disqualification proceedings. A bench comprising Chief Justice Indrajit Mahanty and Justice Prakash Gupta will deliver the verdict on July 24.The Court has also 'requested' the Speaker to defer the decision. …

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