Latest news with #PatnaHighCourt
New Indian Express
5 days ago
- Politics
- New Indian Express
Former RJD MLA Rajballabh Yadav acquitted by Patna HC in minor's rape case
PATNA: Former RJD MLA Rajballabh Prasad, better known as Rajballabh Yadav, got a reprieve from Patna High Court on Thursday after he was acquitted in a minor girl's rape case. Yadav was awarded a life sentence by a POCSO court in Nalanda district on December 15, 2018. Five other accused, including three who were awarded a 10-year sentence, have also been absolved of the charge. A single bench of justice Mohit Kumar Shah had reserved its order after hearing both sides on May 7. The accused had appealed in the high court against the lower court's judgment. The High Court had appointed Anukriti Jaypuriyar as amicus curiae to plead the case on behalf of the rape survivor. A senior advocate, Surendra Singh, appeared on behalf of the convict. The court acquitted all six accused in the case for lack of evidence. Rajballabh had to lose his membership from the Nawada assembly seat after he was convicted in the case by a POCSO court in 2018. On February 14, 2016, RJD suspended him from the party. He was debarred from contesting the election after being convicted in the case. The case was registered against the then MLA for allegedly raping a minor girl at his residence near Biharsharif on February 6, 2016. He was held guilty under section 376 (punishment for rape) of the Indian Penal Code and relevant sections of the POCSO Act, 2012. 'As he has been acquitted by the higher court, he may contest the forthcoming election. But it all depends on RJD chief Lalu Prasad's discretion whether he fields Rajballabh as party candidate in the coming election,' a close relative of former MLA said. He said that he will be released from jail after completing the necessary formalities. The news about Rajballabh's acquittal in the case spread like wildfire in Nawada, and several supporters reached his house in Dipnagar police station area. For the main Opposition—RJD, Rajballabh's acquittal has come as a booster before assembly elections due in October-November this year.
United News of India
07-08-2025
- Business
- United News of India
Serious fraud cases: SC rejects appeals against Patna HC order appointing arbitrators
New Delhi, Aug 7 (UNI) In a significant judgment, the Supreme Court today outlined the legal principles governing the arbitrability of disputes involving serious allegations of fraud, while dismissing a batch of civil appeals challenging the Patna High Court's decision to appoint arbitrators under Section 11 of the Arbitration and Conciliation Act, 1996. A Division Bench comprising Justice P.S. Narasimha and Justice Manoj Misra reiterated a set of guiding principles to determine when disputes involving fraud can and cannot be resolved through arbitration. The appeals stemmed from a challenge to the Patna High Court's orders allowing arbitration proceedings in multiple cases despite allegations of serious to justice for the enforcement of rights is generally through ordinary civil courts. However, Section 28 of the Indian Contract Act, 1872 saves contractual resolution mechanisms such as arbitration. Section 2(3) of the Arbitration Act restricts arbitrability in cases where other statutes explicitly prohibit arbitration. The Court clarified that the existence or possibility of criminal proceedings arising from the same facts does not automatically render a civil dispute non-arbitrable. Civil matters such as coercion, fraud, or misrepresentation under the Indian Contract Act can still be resolved through the precedent in Swiss Timing Ltd., the Court observed that permitting arbitration to proceed alongside criminal proceedings does not inherently prejudice either Between 'Serious Fraud' and 'Fraud Simpliciter' The Court reaffirmed that serious fraud, due to its public law implications, may exclude a dispute from arbitration, unlike 'fraud simpliciter,' which remains arbitrable. The Court laid out two tests, first when the arbitration agreement itself is in doubt, i.e., one party denies entering into it altogether. Second, when allegations are made against the State or its instrumentalities, requiring scrutiny beyond contractual issues, touching upon public law principles. Serious fraud allegations with potential criminal implications and broader public impact, such as corruption affecting governance or national security, are non-arbitrable. The Tribunal has jurisdiction to consider fraud-related disputes within the contract, even if the contract is terminated or challenged, the apex judiciary stated. However, fraud allegations directly targeting the arbitration clause itself are non-arbitrable. When fraud is alleged specifically against the arbitration agreement, the Tribunal lacks authority to adjudicate the issue. The party raising a plea of non-arbitrability bears the burden to prove it, the court said. UNI SNG SSP
United News of India
07-08-2025
- Politics
- United News of India
SC clarifies law on arbitrability in cases involving serious fraud
New Delhi, Aug 7 (UNI) In a significant judgment, the Supreme Court has outlined the legal principles governing the arbitrability of disputes involving serious allegations of fraud, while dismissing a batch of civil appeals challenging the Patna High Court's decision to appoint arbitrators under Section 11 of the Arbitration and Conciliation Act, 1996. A Division Bench comprising Justice P.S. Narasimha and Justice Manoj Misra reiterated a set of guiding principles to determine when disputes involving fraud can and cannot be resolved through arbitration. The appeals stemmed from a challenge to the Patna High Court's orders allowing arbitration proceedings in multiple cases despite allegations of serious fraud. Access to justice for the enforcement of rights is generally through ordinary civil courts. However, Section 28 of the Indian Contract Act, 1872 saves contractual resolution mechanisms such as arbitration. Section 2(3) of the Arbitration Act restricts arbitrability in cases where other statutes explicitly prohibit arbitration. The Court clarified that the existence or possibility of criminal proceedings arising from the same facts does not automatically render a civil dispute non-arbitrable. Civil matters such as coercion, fraud, or misrepresentation under the Indian Contract Act can still be resolved through arbitration. Citing the precedent in Swiss Timing Ltd., the Court observed that permitting arbitration to proceed alongside criminal proceedings does not inherently prejudice either party. Distinction Between 'Serious Fraud' and 'Fraud Simpliciter' The Court reaffirmed that serious fraud, due to its public law implications, may exclude a dispute from arbitration, unlike 'fraud simpliciter,' which remains arbitrable. Contextual Assessment of 'Serious Allegations of Fraud' The Court laid out two tests: When the arbitration agreement itself is in doubt, i.e., one party denies entering into it altogether. When allegations are made against the State or its instrumentalities, requiring scrutiny beyond contractual issues, touching upon public law principles. Serious fraud allegations with potential criminal implications and broader public impact, such as corruption affecting governance or national security, are non-arbitrable. The Tribunal has jurisdiction to consider fraud-related disputes within the contract, even if the contract is terminated or challenged. However, fraud allegations directly targeting the arbitration clause itself are non-arbitrable. When fraud is alleged specifically against the arbitration agreement, the Tribunal lacks authority to adjudicate the issue. The party raising a plea of non-arbitrability bears the burden to prove it. The court's role in preliminary enquiry is that when a non-arbitrability plea is raised, the Court examines it only as a jurisdictional question to determine whether the dispute falls within the scope of arbitration. Senior Advocate Ranjit Kumar appeared for the Appellants, while Senior Advocate Amit Sibal represented the Respondents. The Court clarified that it had left all jurisdictional objections, including limitation and non-arbitrability, to be decided by the Arbitral Tribunal as preliminary issues. "The issues that we have not taken up and left to the arbitral tribunal are jurisdictional issues, involving barring of the arbitral proceedings due to limitation or for the reason that they are non-arbitrable. These issues shall be taken up as preliminary issues and the arbitral tribunal will consider them after giving opportunity to all the parties," the bench concluded. Accordingly, the Supreme Court dismissed the appeals, effectively allowing the arbitration proceedings to continue in accordance with the Patna High Court's earlier directions. The Court observed that disputes involving allegations of serious fraud need more clarity so that there is a certainty about the available remedy. UNI SNG RN
News18
23-07-2025
- Politics
- News18
SC Cancels Bail Of Woman Superintendent Accused Of Sexual Exploitation Of Patna Protection Home Inmates
The top court has said that the gravity of the allegations and procedural lapses in the bail process warranted intervention under Article 136 of the Constitution The Supreme Court on July 21 set aside a Patna High Court order granting bail to Vandana Gupta, a former superintendent of a protection home in Bihar's Patna, accused of sexually exploiting women inmates, many of whom belonged to Scheduled Caste/Scheduled Tribe communities. A bench comprising Justices Vikram Nath and Sandeep Mehta held that the nature of the allegations and the surrounding circumstances made it imperative to cancel the bail and direct the accused to surrender within four weeks. The bench observed that the allegations against the accused were grave and, if established, reflected a gross misuse of public office. It was alleged that during her tenure as superintendent of the Uttar Raksha Grih in Gaighat, Patna, Gupta administered intoxicating substances to female inmates, subjected them to sexual exploitation and mental torture, and orchestrated their trafficking to influential individuals under the pretext of protection. The court held that the release of the accused on bail could seriously undermine the trial process by posing a threat to key witnesses. It said that the conduct attributed to the accused was not only a betrayal of the institutional trust placed in her but also a possible obstruction to justice, especially considering her reinstatement to a similar position in another protection home following her release. The court was also critical of the procedural irregularity committed by the High Court in granting bail without compliance with Section 15A(3) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. This provision mandates that notice be issued to the victim before deciding a bail application in cases involving offences under the SC/ST Act. The bench held that the appellant-victim had not been made a party in the High Court proceedings, thereby denying her the right to be heard. Referring to the precedent laid down in Shabeen Ahmad v State of Uttar Pradesh & Anr (2025), the Supreme Court reiterated that cryptic bail orders, especially in serious matters involving abuse of power and violation of fundamental rights, cannot be allowed to stand. The bench stated that granting bail without assigning proper reasons in such cases not only offends judicial discipline but also has the potential to affect public confidence in the administration of justice. The bench emphasised that while cancellation of bail is not to be exercised routinely, it is justified where the nature of allegations shakes the conscience of the court and the liberty of the accused poses a threat to the integrity of the trial. The court observed that the nature of offences, coupled with the accused's reinstatement, indicated her influence within the administrative structure, raising concerns about witness tampering and fair trial. The FIR in the case was registered in 2022 following the intervention of the Patna High Court, which had taken suo motu cognisance based on a media report highlighting the ordeal of the inmates. The investigation was also monitored by the High Court. The appellant-victim contended that the accused deliberately used her official position to exploit women inmates and facilitated their abuse by powerful outsiders. According to statements recorded under Section 164 of the Code of Criminal Procedure, several women disclosed being sent out of the institution for non-consensual sexual acts and, in case of resistance, were drugged and assaulted within the premises. Further allegations pointed to unidentified men gaining access to the home and exploiting the inmates in collusion with the staff. After securing bail, Gupta was reportedly given charge of another protection home, a decision which the court noted demonstrated administrative complicity. While the State supported the victim's plea, the standing counsel was unable to justify the government's action in reinstating the accused despite pending charges of serious misconduct and criminal offences. In defence, Gupta's counsel argued that she had spent nearly 500 days in custody since her arrest on August 27, 2022, and that a detailed evaluation of evidence at the bail stage could prejudice the pending trial. The court, however, dismissed these arguments, holding that the gravity of the allegations and the procedural flaws in the HC's order required urgent correction. Accordingly, the Supreme Court exercised its extraordinary jurisdiction under Article 136 of the Constitution to quash the High Court's bail order dated January 18, 2024. It also directed that adequate protection and support be extended to all victims involved in the case by the trial court and local administration. Get breaking news, in-depth analysis, and expert perspectives on everything from politics to crime and society. Stay informed with the latest India news only on News18. Download the News18 App to stay updated! tags : patna high court sexual exploitation supreme court view comments First Published: Disclaimer: Comments reflect users' views, not News18's. Please keep discussions respectful and constructive. Abusive, defamatory, or illegal comments will be removed. News18 may disable any comment at its discretion. 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News18
15-07-2025
- Politics
- News18
After Rs 1,100 Pension And 35% Job Quota For Women, What Is In Nitish's 'Election Box'?
The Bihar cabinet, led by CM Nitish Kumar, will discuss welfare initiatives with election implications, including pension hikes, reservation strategies and women's welfare All eyes are on the Bihar cabinet meeting scheduled for 10:30 am on Tuesday, July 15, where Chief Minister Nitish Kumar is expected to clear a slate of welfare initiatives with potential election overtones. With the 2025 assembly elections drawing closer and opposition pressure mounting, this cabinet session could shape the government's final leg before the polls. Sources in the state secretariat say the agenda includes expanding flagship schemes, sharpening the government's stance on the reservation issue, and rolling out fresh benefits for the youth, elderly, women, and farmers. Pension Push Likely to Get Louder The old age pension scheme, recently revised to provide Rs 1,100 per month to over 1.09 crore elderly, widows, and disabled citizens, is likely to feature prominently. Though the increase (up from Rs 400) came into effect this July, the opposition, particularly the RJD, has slammed it as inadequate. Their demand is Rs 1,500 per month. With this criticism in play, the cabinet could either further hike the amount or expand the beneficiary pool. Government insiders hint that a recalibration of the scheme is on the table, both as a welfare move and a political counter. Reservation Strategy Under Review Reservation continues to be a politically charged issue in Bihar. The cabinet is expected to review the legal status of the 65% reservation bill, which was recently struck down by the Patna High Court. The state government has already moved the Supreme Court to challenge the verdict. Tuesday's meeting may formalise Bihar's legal roadmap ahead. Alongside, the government may also push forward the implementation of 35% reservation in state jobs for women domiciled in Bihar, a measure Nitish Kumar has publicly backed, and one likely to resonate with the nearly 3.6 crore women voters in the state. What's in the 'Election Box'? With elections less than a year away, the Nitish government is expected to announce a range of voter-friendly initiatives. Likely areas of focus: 1. Youth and Jobs The Bihar Youth Commission, already cleared by the cabinet, could get fresh funds or programmes. Under the 'Mukhyamantri Pratigya Yojana', proposals may include monthly assistance of Rs 4,000 for Class 12 students and Rs 6,000 for graduates enrolled in skill development or internship programs. 2. Farmers Agricultural support schemes could get a boost. In recent meetings, the cabinet had approved diesel subsidies and roadmap funds. Tuesday's discussion may include incentives for new crop cultivation, irrigation systems, or agri-tech support. 3. Women's Welfare Expect expansion of schemes like the Pink Bus Service, Didi Ki Rasoi, and Mahila Haat. These initiatives are part of the state's broader push for women's empowerment, especially as female voter turnout has been rising. 4. Education and Health The government may clear fresh teacher and headmaster appointments. In healthcare, expect budgetary approvals for new district-level facilities and mobile medical units, as part of Nitish Kumar's social development pitch. Why This Meeting Matters Today's cabinet session is more than routine governance; it's a crucial pre-election staging ground. With opposition parties sharpening their attacks and BJP watching closely as a key NDA ally, Nitish Kumar is walking a tightrope. The focus now is on delivering visible benefits and reinforcing the state's welfare image. view comments First Published: July 15, 2025, 11:05 IST Disclaimer: Comments reflect users' views, not News18's. Please keep discussions respectful and constructive. Abusive, defamatory, or illegal comments will be removed. News18 may disable any comment at its discretion. By posting, you agree to our Terms of Use and Privacy Policy.
