Here’s a short recap of what we covered under the High Court’s section on the SCC Online Blog for the month of January 2021. In case, you missed out on catching up with some interesting cases that brought in a wave of discussions and some very serious steps to be taken up by the Supreme Court, then, you have clicked on the right post to be read.
Go ahead and check out the January updates of 2021!
Allahabad High Court
Competition
All HC | ‘Eliminating competition in business using writ jurisdiction not permissible’: HC decides whether a competitor can prevent a rival from exercising right to carry on business
Home-Buyers
All HC | ‘Home-buyers’ grievances to be disposed of positively within 3 months by reasoned and speaking order’: Court issued general mandamus to Authorities concerned
Interim Maintenance
All HC | Does S. 125 CrPC provide a timeline for disposing of proceedings pertaining to interim maintenance? Read What HC says
Maintenance
All HC | If a husband denies being married in a proceeding under S. 125 CrPC, what should the Magistrate determine? Explainer
Bail
All HC | [Bail under SC/SCT (POA) Act] Failure to serve notice of bail upon victim, is failure of State to perform its statutory function; Accused cannot be visited with penal consequences for default of the State
Special Marriage Act
All HC | “Cruel, unethical to force present generation to follow 150 yrs old customs, traditions which violate fundamental rights”: HC rules Publication of Notice of Intended Marriage under Special Marriage Act shall not be mandatory
Judges
All HC | “If a Judge makes a mistake, then from where will the general public get fair justice”; HC warns Judicial Magistrate to remain careful while passing Judicial Orders
Abetment of Suicide
All HC | Woman commits suicide after various cases against her, being subjected to harassment at matrimonial home. Can a case of abetment of suicide be established? HC discusses
Rape Victim
All HC | “A woman or a girl who is raped is not an accomplice”: HC re-establishes while explaining the significance of testimony of rape victim
Bombay High Court
Transgender
Bom HC | Can a transgender contest election from a seat reserved for women candidate? HC espouses transgender people’s “Right to Self-Perceived Gender Identity”
Sexual Assault
Media Trial
Bombay HC on Media Reporting, Obligation of Investigators, Media Trial, Freedom of Press and the proverbial ‘Lakshman Rekha’ for Media Houses || Read this detailed report unravelling several significant aspects cropped in light of Sushant Singh Case
Judicial Over-Reach
Bom HC | If Judges interfere in academic matters or step into other Organs of State, would that amount to Judicial Over-Reach? Court addresses
Calcutta High Court
Arbitration and Conciliation
Cal HC | [S.11(6) Arbitration & Conciliation Act, 1996] Reiterating independence and impartiality of the Arbitrator, Court appoints former justice of the present court to preside over as the sole arbitrator
Sexual Harassment at Workplace
Cal HC | Can a complaint under POSH Act be filed against person of same gender? Read HC’s full analysis
Fundamental Right
Cal HC | Does a father entail a ‘fundamental right’ on the preserved sperm of his son after his demise? HC answers
Chhattisgarh High Court
Employees Compensation Act
Chh HC | Appeal under S. 30 of Employees’ Compensation Act, 1923 is to be entertained only on a question of law
Limitation Act
Chh HC | The word “sufficient cause” under S. 5 of Limitation Act should adopt a liberal and justice-oriented construction to advance justice
Judicial Officer
Chh HC | Is it essential for the appointing authority to re-consult PSC before terminating services of a judicial officer in light of Art. 235 of the Constitution of India? HC explains
Delhi High Court
Novation | Contract Act
Del HC | When does ‘Novation’ under the Contract Act takes place? Read while HC examines the scope of S. 8 of Arbitration Act
Maintenance
Del HC | Wife denied enhancement of maintenance due to being wealthier than husband || Reasoned Order of HC
CGST Act
Del HC | “Ss. 69 and 132 of CGST Act prima facie valid; Power to arrest and prosecute is prima facie ancillary to power to levy and collect GST”: Read HC’s detailed analysis
Termination of Arbitration
Del HC | “Order of Termination of Arbitration under S. 32(2)(c), A&C Act is not an award; challenge under S. 14(a) maintainable”: Read full Report
Compensation under MV Act
Del HC | Whether it would be fair to deny compensation for loss of dependency to a parent, who may not be dependent on his/her child at the time of accident per se but would become dependent at his/her later age? HC explains
Right to Access to Clean Water
Del HC | ‘Right to access to drinking water cannot be denied merely because the colony is unauthorised’: HC directs Jal Board for supply of potable drinking water
COVID-19
Del HC | Continuing embargo on spas, violative of their rights’: Court allows reopening of spas, wellness clinics, etc. albeit subject to conditions
RTI Act
Del HC | Penalty imposed on CPIOs for “changing stands” leading to apprehension of mala fides and unreasonable conduct; Elaborate principles laid down for exercise of power by CPIOs
Settlement Deed
Del HC | ‘Dragging his feet only to harass’: Court quashes FIR in light of settlement deed arrived at before Delhi High Court Mediation and Conciliation Centre
Non-Renewal of License
Del HC | “Non-renewal cannot result in permanent disbarment”; Recognised Adoption Agency in Canada gets opportunity to apply afresh
Gujarat High Court
Workman
Guj HC | Dismissing the argument of arrangement being a Contractual set up with no Industrial dispute as such, Court upholds reinstatement of the workman granting compensation against back wages
Natural Justice
Guj HC | Whether a matter is required to be remanded in order to comply with the principles of natural justice where there has been intermingling of documents; Court explains
Himachal Pradesh High Court
Arbitrator
HP HC | [Appointment of Arbitrator] An arbitral issue which can be adjudicated by a retired judge of the High Court, must not be awaited for the want of technical expertise
Inherent Powers
HP HC | Inherent powers under S. 482 CrPC is not inhibited by S. 320 CrPC and FIR as well as criminal proceedings can be quashed by exercising the same; HC reiterates
Interpretation of Statutes
HP HC | Court while drawing distinction between the terms ‘Block’ and ‘Constituency’, denies to reserve the post of Pradhan in Gram Panchayat elections for ST category
Appointment
HP HC | Person belonging to SC category, if on merit, performs better than General category candidate, he has to be offered appointment against a post meant for General category
Jammu and Kashmir High Court
Physical Consensual Relationship
J&K HC | Investigating agency to determine whether consent of prosecutrix to have sexual intercourse with petitioner was willing or it was obtained on account of false promise of marriage
Interference under Article 226
J&K HC | What is the extent of interference that the Court can exercise under Art. 226 while adjudicating a contractual matter? HC answers
No-Confidence Motion
J&K HC | Members of Panchayat have the right to issue no-confidence motion against the chairman on the ground of misconduct or neglect of duty; petition dismissed
Age of Majority
J&K HC | Any person having attained the age of majority is entitled to marry as per their wishes and the police department is duty bound to protect their life and liberty if approached; Petition allowed
Evidence Act
J&K HC | A person whose whereabouts are unknown and who has not been heard of for more than 10 years, cannot be stated to have illegally run away from his service; Petition allowed
Detention Order
J&K HC | Even in cases where a person has been prosecuted in a Court of law and has been discharged by the Magistrate, a valid order of detention can be passed against him in connection with that very incident; HC reiterates
Jharkhand High Court
Right to establish linguistic and religious institutions
Jhar HC | Right to establish linguistic and religious institutions under Art. 29 & 30 includes the Right of appointing teachers; order directing absorption set aside
Compassionate Appointment
Jhar HC | Compassionate Appointment cannot be granted after a lapse of reasonable period which must be specified in the rules; petition dismissed allowing monetary compensation
Supervisory Jurisdiction
Jhar HC | [Interference under Art. 226] A writ of certiorari can be issued only in exercise of supervisory jurisdiction which is different from appellate jurisdiction; HC reiterates
Reservation
Jhar HC | [Article 16] Retrospective application to 103rd Amendment providing reservation to EWS cannot be permitted; Petition allowed
Karnataka High Court
Breach of Policy
[MV Act] Kar HC | When there is breach of policy condition and the policy is in force at the time of accident, “Pay and Recover” principle to be applied
Summons
Kar HC | Whether it is mandatory for issuance of a summons under S. 91 CrPC before issuance of a warrant under S. 93 CrPC? HC Answers
Proceedings
Kar HC | If the petitioner unconditionally withdraws a particular matter can the said subject matter be re agitated in any other proceedings? HC analyses
Kerala High Court
Victim Compensation
Ker HC | [S. 357A CrPC] Strengthening jurisprudence behind victim compensation, Court allows petition stating ‘statutory provision is not given retrospective effect and instead a prospective benefit is given based on an antecedent fact’
Medical Termination of Pregnancy
Ker HC | Minor rape survivor allowed to undergo medical termination of pregnancy even after 25 weeks and 3 days gestational age considering the risk of severe psychiatric trauma
Extradition
Ker HC | International Arrest Warrant by itself will not suffice to extradite an accused to UAE. For extradition, request should be communicated in writing via diplomatic channels, HC states
Powers of Court under A&C Act
Ker HC | Powers of Court under S. 34 of the Arbitration Act, 1996 are merely supervisory in nature; Court cannot correct errors from the order of Arbitrator, but can only quash it: HC explains
Compensation under MACT
Ker HC | [Motor Accidents Compensation Act] Court grants enhancement in compensation with an additional interest of 9% considering permanent disability; Revision Petition allowed
Corporate Insolvency Resolution Process
Ker HC | No bar to parallel proceedings under SARFAESI Act during ongoing Corporate Insolvency Resolution Process; HC reiterates
Execution Court
Ker HC | [Or. 41 R. 5] Power of execution court to stay the execution is only upto to the stage of filing appeal; Petition allowed
Quota for Disabled Persons
Ker HC | From promotions to vacancies, even where there is no direct recruitment, the 3% quota for disabled persons has to be complied with; HC reiterates
Eviction and Rent Control
Ker HC | Rent Control Court has power under S. 5 of Limitation Act to condone delay, if sufficient cause is shown; Petition allowed
Sale Deed
Ker HC | Question of sale deed being null and void, emerging out of matrimonial relationship can be decided only by Family Court; HC states
Custody
Ker HC | Observing the signs of mental disturbance; HC refuses to remove a 21-year-old from the custody of parents
Alcohol Detection Test
Ker HC | There can be no prosecution under S. 185 of MV Act in the absence of alcohol detection test through breath analyser
Audi Alteram Partem
Ker HC | Court sets aside impugned order directing Drug Disposal Committee to consider the representation made by petitioner and pass fresh orders in accordance with law
Arbitral Award
Ker HC | “An Arbitral award cannot be set aside merely on the ground that compensation awarded is insufficient”; HC concurs with findings of lower Court
Madras High Court
POCSO Act
Madras HC | ‘High time to amend POCSO Act considering cases where adolescents in grip of their hormones involve in romantic relationship’: Court quashes proceedings paving way for accused and victim to settle in life
Right to Property
Madras HC | “Authorities need to be told that right to property has close nexus with right to life under Art. 21”: HC while issuing notice in acquisition matter pending from 16 yrs
Custody of an Elephant
Madras HC | While protecting an elephant from psychological wound, HC disallows removal of ‘Lalitha’ from caretaker’s custody || Exhaustive analysis of an elephant’s bonding with caretaker
Madhya Pradesh High Court
Bail Application of Munwar Faruqui
MP HC | “The goals enshrined under Art. 51A(e) and (f) are part of our vibrant Constitution and not dead letters”; HC rejects bail application of Comedian Munawar Faruqui
Forwarding Note
MP HC | Absence of forwarding note and delay in production of contrabands are fatal to the prosecution case; HC acquits accused
Recruitment Process
MP HC | Once the process of recruitment commences on issuance of advertisement, no changes in essential qualification or disqualification can be made during subsistence of the said recruitment
Inaction of State
MP HC | “State has shown, by its non-compliance to the orders passed by this Court that it is an institution that prefers to have powers without responsibility”; HC holds State responsible for it being flooded with petitions
Orissa High Court
Contempt of Court
Ori HC | Whether filing of forged and fabricated document amounts to Contempt of Court? HC explains
Arbitration Clause
Ori HC | Can an arbitration clause be invoked when there is an arbitration clause in the agreement but not registered or executed? HC decides
Dying Declaration and Remission of Sentence
Ori HC | Comprehensive Principles governing “Dying Declaration” and “Remission of Sentence” reiterated; Appeal dismissed
Industrialization and Eco-System
Ori HC | No doubt, industrialization is required for enhancement of revenue, but that does not mean at the cost of the lives of human being by destroying eco-system
Patna High Court
Examination
Pat HC | Usage of whitener in OMR sheet led to annulment of result by Controller of Examination: HC answer’s in affirmative
Pat HC | Entire examination process of Bihar Public Service Commission does not deserve to be derailed only because some candidates perceive injustice have been caused to them by an erroneous question or an erroneous answer
Tablighi Activities
Pat HC | State directed to deport foreign nationals charged for Tablighi activities to their respective countries; Allegation of preaching religious ideologies not being supported by any material, held to be an unfounded allegation
Punjab and Haryana High Court
Dependents
P&H HC | “It is unfortunate that dependents/heirs of an ex-employee, who died in harness, are being made to run from pillar to post.” HC warns state to get into action least the Court may be compelled to take a serious view of the matter
Provident Fund
P&H HC | “Provident Fund is based on adequate contributions from members of the fund”; HC allowed forfeiture of pension on resignation
WhatsApp Messages | Evidence
P&H HC | Whatsapp messages do not have any evidentiary value in the absence of certificate under S. 65B of Evidence Act; HC states
Service Rules
P&H HC | Whether in absence of enabling power in the Service Rules, the period of tenure posting could be extended by the State or its instrumentalities? Court explains
Ownership
P&H HC | There is no requirement in law that a person applying for sanction of the building plan, has to prove his ownership before the building plan can be sanctioned
Recovery of Money
P&H HC | No separate orders required in the matter of OTS having become defunct for non-compliance of conditions by borrowers, Bank becomes free to recover money in accordance with law irrespective of OTS; HC reiterates
Jurisdiction
P&H HC | After complaint is dismissed in default, Court becomes “functus officio” and Judicial Magistrate has no jurisdiction to recall his order and restore complaint; HC decides
Farmers
P&H HC | “Middlemen cannot be allowed to usurp hard-earned money of the Farmers”; Courts required to do substantial justice and not to let offenders go scot-free
Sikkim High Court
Amendment
Sikk HC | [O. VI R. 17 CPC] Amendment can be allowed provided it does not prejudice the rights of the respondents to take up the grounds on waiver and acquiescence at the time of final hearing; HC reiterates
Telangana High Court
Power to take Cognizance
Telangana HC | Is the power to take cognizance of an offence under SC & ST (Prevention of Atrocities) Act, 1989 vested with Magistrate or is there a Special Court for the purpose? Court answers in light of SC decisions
Religious Practices
Telangana HC | [Art. 25] No interference can be made in the absence of any complaint against an individual using his premises for conducting religious practices; HC issues necessary directions
Writ Jurisdiction
Telangana HC | [Interference under Art. 226] Writ Jurisdiction of the High Court cannot be invoked for registration of FIR in cases where an effective remedy lies under the Code of Criminal Procedure
Tripura High Court
Departmental Enquiry
Tri HC | A pending departmental inquiry is by itself a stigma and is attached with several adverse consequences; Court directs quashing of chargesheet and release of due payments
Government Department
Tri HC | Default on the part of a Government department cannot be a reason to prevent an entity from seeking its entitlement; Petition allowed
Uttaranchal High Court
Salary
Utt HC | Salary is a property under Art. 300-A of the Constitution of India which cannot be taken away except by authority of law; Court explains
Elections
Utt HC | Holding elections at regular intervals is mandated by law to ensure that democratically elected Management Committee looks after the affairs of the college; Petition allowed
Surety Bond
Utt HC | Cash can be deposited in lieu of surety bond as per S. 445 of CrPC for attainment of bail: Order of rejection duly quashed
Judgment
Utt HC | Reasons to record in a judgment are life of law and in absence, judgment cannot be said to be legal; Court allows appeal
Government Servants
Utt HC | Rule 8 of Government Servants Dying in Harness Rules, 1974 does not include age as a factor of appointment; Court explains while allowing petition
Examination
Utt HC | Irresponsibility in computation of marks can often lead to an irretrievable situation; Court explains in the matter of re-evaluation of answer sheets
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