The Patna High Court has held that removing an advocate from a bank's panel is not by itself defamation.
Justice Ramesh Chand Malviya ruled in Assistant General Manager, State Bank of India and Others v Mantosh Prasad Sinha, a civil revision under section 115 of the Code of Civil Procedure.
Ending a professional engagement does not make or publish a defamatory imputation within section 499 of the Indian Penal Code.
The Court said sections 29 and 30 of the Advocates Act, 1961 protect an advocate's right to practise but do not give a right to be kept on by any one client.
Financial loss from losing the engagement is therefore not recoverable as damages for defamation.
The Court set aside the trial court's refusal to throw out the suit and rejected the plaint under Order VII Rule 11(a) of the Code of Civil Procedure.
If a defamatory statement is made apart from the depanelment, that has to be pleaded and proved on its own.
The ruling draws a line between contractual choice and injury to reputation.
Provision on defamation:section 499 of the penal codeAct on advocates:Advocates Act, 1961 sections 29 and 30Rule used to reject the plaint:Order VII Rule 11(a)
Why it matters for exams: Sections 29 and 30 of the Advocates Act, 1961 protect the right to practise but not continued engagement by a client, and a plaint can be rejected under Order VII Rule 11(a) of the Code of Civil Procedure.
The Patna High Court has held that a Scheduled Caste candidate cannot be denied reservation merely because her caste certificate carries her husband's name instead of her father's.
Justice Mohit Kumar Shah and Justice Sourendra Pandey dismissed an appeal by the Bihar Public Service Commission in Bihar Public Service Commission and Another versus Dr Sushma Sharan and Others.
The Bench said a caste certificate is only an affirmation of a fact that already exists, because caste status comes by birth.
It noted that the recruitment advertisement laid down no condition about whose name the certificate should carry.
The Commission did not dispute that the candidate belongs to a Scheduled Caste.
The Bench also noted that the earlier certificate had been issued by an officer of higher rank than the later one.
The appeal was therefore rejected and the relief already granted was upheld.
The ruling guards candidates against being shut out on a formal defect in a document.
Appellant:Bihar Public Service Commission and anotherWhy reservation was refused:the caste certificate named the husband, not the fatherFinding:a certificate only affirms a fact already in existence
Why it matters for exams: A caste certificate only affirms a status that exists by birth, so a defect in whose name it carries cannot by itself take away reservation.
The Patna High Court has quashed a criminal defamation case brought against a publisher over a book about Swami Ramdev.
Justice Alok Kumar Sinha ruled in M/s Juggernaut Books Pvt Ltd versus State of Bihar and Another, a petition under section 482 of the Code of Criminal Procedure.
Section 199(1) of that Code requires a criminal defamation complaint to be filed by a person aggrieved.
The Court held that a complainant cannot bring such a case merely because he is a follower or disciple of the person said to be defamed.
Personal sentiment or association with that person does not meet the person aggrieved test.
Followers also do not form a definite and identifiable class under Explanation 2 to section 499 of the Indian Penal Code.
The Magistrate's orders taking cognizance, and the proceedings that followed, were set aside.
The case had invoked sections 295A, 500, 501 and 502 of the Penal Code.
Provision on who can complain:a complaint by a person aggrieved under section 199Power used to quash:section 482Petitioner:Juggernaut Books Pvt Ltd, the publisher
Why it matters for exams: Section 199(1) of the Code of Criminal Procedure allows a criminal defamation complaint only from a person aggrieved, and followers are not a definite and identifiable class under Explanation 2 to section 499 of the Indian Penal Code.
A Division Bench of the Patna High Court has held that non communication of the written grounds of arrest does not by itself make a remand bad in law.
Justice Rajeev Ranjan Prasad and Justice Rana Vikram Singh ruled in Shashi Bhushan Prasad Singh versus State of Bihar and Others.
The Court said a habeas corpus challenge of this kind has to be tested for prejudice: the person must show real harm from the lapse.
In this case the detained person already knew the allegations against him, had moved for anticipatory bail, and had a lawyer who opposed the remand through video conference.
Since no prejudice was shown, the Court refused to interfere with the remand and rejected the petition.
The charges in the first information report were under sections 108 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
The ruling places the test of prejudice at the centre of such pleas.
It leaves open a challenge where real harm from the lapse can be shown.
Writ sought:habeas corpusTest applied:prejudice to the person detainedLaw of the charges:Bharatiya Nyaya Sanhita, 2023
Why it matters for exams: A habeas corpus plea based on non communication of written grounds of arrest is tested for prejudice, and the charges here were under the Bharatiya Nyaya Sanhita, 2023.
Bihar Chief Minister Samrat Choudhary said on 8 November that the State will launch a campaign from December 1 urging well-off families to give up free power.
The appeal is aimed at income tax payers and financially comfortable families who now get 125 units of free electricity.
The State spends around Rs 23,000 crore a year on electricity subsidies, he said.
He put the subsidy at about Rs 10,000 a year for each family.
Choudhary compared the drive to Prime Minister Narendra Modi's earlier appeal to people to surrender their LPG subsidies.
Those who give up the benefit will be recognised for their contribution.
The Chief Minister also said the Prime Minister would visit Bihar on November 21.
Why it matters for exams: Bihar's 125 units free electricity scheme and the voluntary give-up model taken from the LPG subsidy appeal are useful schemes and welfare facts.
Bihar Museum in Patna has been placed ninth in a list of the "World's 100 Best Museums" put out by the international travel guide Worth a Journey.
It is ranked first in Asia and is the only museum from the continent in the top 10.
Its best known exhibit is the Didarganj Yakshi, a polished sandstone sculpture of the 3rd century BC.
The museum on Bailey Road became fully operational in 2017 and is spread over 13.9 acres.
It was designed by Japan's Maki and Associates, with open courtyards and natural light.
Its galleries trace Bihar's history from the Stone Age, with Kurkihar bronzes of the Pala Empire, Madhubani art, Patna Qalam paintings and Sikki grass craft.
Director General Anjani Kumar Singh said the guide based its ranking on social media reach and visitor reactions.
World rank:9Asia rank:1List by:Worth a JourneyArea:13.9 acres
Why it matters for exams: The Didarganj Yakshi, the Bihar Museum and Bihar's art traditions such as Madhubani and Patna Qalam are frequent art and culture questions.
Bihar will hold the Global Convention on Transforming Bihar 2027 in Patna on January 12 and 13.
Deputy Chief Minister Vijay Kumar Choudhary launched the event's portal and announced the dates on Monday.
It is organised by the Bihar Foundation, which works under the Industries Department, with the Institute for Human Development (IHD) and Nalanda University.
About 1,500 scholars, policymakers, industry leaders and members of the Bihari diaspora are expected.
Seven plenary sessions and 10 thematic panels will discuss farming, investment, jobs, artificial intelligence, tourism, gender equality and governance.
The convention is the first of its kind in 14 years; the previous two were held in 2007 and 2012.
Chief Minister Samrat Choudhary is its chief patron.
Why it matters for exams: Bihar's office holders, Nalanda University and the bodies behind the State's development roadmap are likely State Focus questions.
A reader of this week's Patna High Court orders will notice a change in the sections quoted.
The first information report in the habeas corpus case was drawn under sections 108 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
That Sanhita is the general penal law of the country, enacted in 2023 in place of the Indian Penal Code.
Two other laws came in with it: the Bharatiya Nagarik Suraksha Sanhita, which took the place of the Code of Criminal Procedure, and the Bharatiya Sakshya Adhiniyam, which took the place of the Indian Evidence Act.
Cases registered before the change are still tried under the older laws, which is why some orders of the same week quote the Indian Penal Code instead.
Section 3(5) of the Sanhita deals with acts done by several persons in furtherance of a common intention.
The remand challenge turned not on the sections but on whether written grounds of arrest were given.
For an aspirant the useful pair is the old name and the new one.
Replaced the Indian Penal Code:Bharatiya Nyaya Sanhita, 2023Sections in the case:108 and 3(5) of the sanhita
Why it matters for exams: The Bharatiya Nyaya Sanhita, 2023 replaced the Indian Penal Code, alongside the Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshya Adhiniyam.
The Ranivas Mound at Kesariya in East Champaran, now a site of national importance, sits beside the Kesariya Buddha Stupa.
The Kesariya Stupa is described as the world's largest Buddhist stupa, and the mound lies to its northeast.
Alexander Cunningham, the first head of the Archaeological Survey of India, explored the mound and dug at it.
He recorded the walls of a small temple and the head and shoulders of a huge Buddha image there.
He took the site to be a Vihara, or temple monastery, linked with the stupa at Kesariya.
A trench dug in 2018 found walls, rooms and corridors of a monastic building.
The Kesariya Stupa was already centrally protected; with the mound now added, wider excavation of the area becomes possible.
Stupa:Kesariya Buddha StupaDistrict:East ChamparanMound area:1.63 acres
Why it matters for exams: The Kesariya Stupa in East Champaran as the world's largest Buddhist stupa and Cunningham's survey work are standard art and culture questions.