High Courts Monthly Round-up: February 2021

Here’s a short recap of what we covered under the High Court’s section for the month of February 2021.

In case February was a tied up month and you missed out on some really interesting cases from the High Courts, well we have covered that for you, just scroll down and have a look at all the updates.

Go ahead and check out the February updates of 2021!


Allahabad High Court

Directions to Police Officers

All HC | “Police officers NOT to automatically arrest when cases under S. 498-A IPC is registered”: Court lays directions considering provisions of S. 41-A CrPC

Jail Appeals

 All HC | 20 yrs in jail for no reason? HC reverses conviction of rape accused; Directs matter to be placed before CJ for considering periodical listing of appeals of those in jail for more than 10 or 14 yrs

Custody of minor children

All HC | Man, principal accused in incident relating to wife’s death, seeking custody of minor children. Can the custody with maternal grandparents said to be illegal? Read on

Compassionate Appointment

All HC | A Posthumous child who was still in his mother’s womb while his father passed away, would he be entitled to compassionate appointment on attaining majority under Rules of 1974? Court explains

Dishonour of Cheque

All HC | Summons sent to Director for dishonour of cheque under S. 138 NI Act, without prosecution against the Company. Is it permissible? Court answers

Writ of Habeas Corpus

All HC | Whether issuance of writ of habeas corpus at the behest of a husband to regain his wife is available as a matter of course? Read on

Criminal Liability

[Tandav] “Cheap and objectionable”, All HC rejects bail application of Aparna Purohit. Holds, submission of apology or withdrawal of scene after streaming would not absolve criminal liability


Bombay High Court

Unfair Labour Practice

Bom HC | Classic case of unfair labour practice: Workmen not given permanency on being engaged in a rotational pattern || Pool of Temporaries, Termination, Perennial Work & more

Matrimonial Disputes

Bom HC | Is it necessary for the wife to file an application for permanent alimony in ‘writing’ under S. 25 of Hindu Marriage Act? Court unfolds dilemma of ‘oral’ & ‘written’ application

Bom HC | Wife, a chattel? On refusing to make tea, husband assaults wife with a hammer. HC observes ‘imbalance of gender – skewed patriarchy’

Cruelty

Bom HC | Husband making wild allegations that wife, her relatives, secured false certificates to get employment. Does husband’s conduct amount to ‘Mental Cruelty’ to wife? HC explains while upholding Family Court’s decision

Abetment to Suicide

Bom HC | Child commits suicide, mentions drinking habit of father in suicide note. Can the father be held liable for abetment to suicide? Law explained

Well-Known Mark || IPR

Bom HC | ISKCON, Infringement of well-known mark: Read why Justice G.S. Patel deferred grant of discretionary relief in view of past history which may materially affect the action

Homicidal Death

Bom HC | Can a person be held liable under S. 302 IPC on the basis of ‘last seen’ theory and not being able to offer sufficient explanation? Significance of ‘last seen’ theory in establishing homicidal nature of death discussed

Sushant Singh Rajput Case

Bom HC | Power of quashing a criminal proceeding should be exercised very sparingly and with circumspection and that too in the rarest of rare cases: FIR against late actor Sushant Singh’s Sister not to be quashed


Calcutta High Court

Judicial Inquiry

Cal HC | Adjudicate or Legislate? What is the role of Courts in our country? HC frames a precedential examination while discussing scope of ‘Judicial Inquiry

Resolution Professional’s Power

Cal HC | Power of Resolution Professional to take control of any asset, is it subject to determination of ownership by a Court or Authority? Discussion in light of Embassy Property Developments (P) Ltd. v. State of Karnataka, 2019 SCC OnLine SC 1542

Widow Pension

Cal HC | When can S. 29(2) of Hindu Marriage Act come to rescue of parties seeking to prove divorce on basis of custom? Read the case of a second ‘wife’ denied widow pension


Chhattisgarh High Court

Anticipatory Bail

Chh HC | Under what circumstances can ‘Anticipatory Bail’ be granted in light of the bar created under S. 18 of SC/ST Act; Appeal Allowed

Secondary Evidence

Chh HC | Secondary evidence not permissible if the original documents are not produced at any time nor has any factual foundation been laid for giving secondary evidence

Forest Land

Chh HC | Whether a forest land can be allotted/leased without prior approval of Central Government under S. 2 (iii) of Forest (Conservation) Act, 1980?

Power under Section 156(3) CrPC

Chh HC | Power under S. 156(3) of the CrPC warrants application of judicial mind and it has to be supported by an affidavit


Delhi High Court

Delhi High Court

Quashing of FIR

 Del HC | Offences under S. 377 IPC & S. 4 POCSO Act committed on a child aged 7 years, father of victim sought quashing of FIR: Will HC quash the FIR? Read to know

Judicial Review

Del HC | Grant of study leave to a Doctor: Can a Court in exercise of its ‘Judicial Review’ sit as an Appellate Authority over the administrative decision? Read on

Power of Revision of HC under CrPC

Del HC | What is the scope of power of revision of HC under CrPC? Court discusses while denying interference in matrimonial matter

Non-existence of Debt

Del HC | Onus to prove that there is non-existence of debt is on whom under NI Act? Read the purpose of S. 118 NI Act

Limitation Period

Del HC | How the limitation period for filing S. 138 NI Act complaints is to be calculated? What is the effect of not filing S. 142(1)(b) proviso application? Explained

Maintenance

Del HC | Can an application under S. 24 HMA survive beyond dismissal of the main divorce proceeding? Read why HC dismissed the application for maintenance pendente lite

Del HC | While calculating husband’s income for granting maintenance to wife, can husband’s mother who receives her independent pension and rental income be counted as a dependant to be maintained by husband? HC explains

Framing of Charge

Del HC | If on the basis of materials on record a court could come to the conclusion that commission of the offence is a probable consequence, a case of framing of charge exists

Arbitration Clause

Del HC | On invocation of arbitration clause, if a party appoints arbitrator on its own and does not receive confirmation from another party, should former approach Court under S. 11 of Arbitration Act? HC discusses

Property Dispute

Del HC | “Court has to cut through the web of pleas spun in the written statement”. When should a decree on admissions be passed in a property dispute? Read how the Court refused to allow abuse of its process

Matrimonial Dispute

Del HC | Permanent residents of Singapore, residing there since 2012, wife seeks an injunction for suit filed in Singapore by husband regarding matrimonial dispute. HC rejects appeal. Why? Read on

Media | Content Regulation

Del HC | Content Regulation has been a contested issue across the world. Read HC’s stance & directions in Disha Ravi’s plea alleging leaking of her messages, etc. by Police

NCDRC Orders

Del HC | Where NCDRC doesn’t pronounce orders within 6 months of being reserved, and application is filed, same is to be listed before President (NCDRC) within 2 days without fail


Himachal Pradesh High Court

Decree of Divorce

HP HC | Whether minimum period of six months stipulated under S. 13(B)(2) of the Hindu Marriage Act for a motion of passing decree of divorce on the basis of mutual consent can be relaxed? Court explains

Elections

HP HC | Whether a dispute relating to an election of a local body maintainable before High Court under Art. 226 of Constitution of India? HC explains in light of settled position of law

Bail | POCSO Act

[POCSO Act] HP HC | Bail granted in a case where a major developed consensual sexual relations with a minor, in light of mitigating factors; Petition allowed


Jammu and Kashmir High Court

Sedition

J&K HC | “Objectionable conversation, demeaning armed forces in the backdrop of Galwan Valley clashes”, HC acquits the person behind viral audio clip

Public Auction

J&K HC | “Even after completion of public auction the highest bidder has no indefeasible right till the confirmation letter is issued”; HC states


Jharkhand High Court

Departmental Enquiry

Jhar HC | Threatened by militants, J&K resident CRPF constable overstays from leave.  HC quashes dismissal order, held “punishment disproportionate”

Bigamy

Jhar HC | When can the second wife be convicted for abetting the offence of bigamy under S. 494 IPC? What are the essential ingredients of such offence? Court examines while acquitting the second wife

Defamation

Jhar HC | A Newspaper reports about sexual assault incident along with sum and substance of FIR lodged with no disclosure of victim’s name. Will defamation provision under Ss. 500 or 501 IPC be applied on publisher, editor, etc.?


Karnataka High Court

Karnataka High Court

Motor Vehicle Act

[MV Act] Kar HC | Evidence is examined on the touchstone of ‘preponderance of probabilities’, Standard of proof of accident beyond reasonable doubt to not apply

Kar HC | Will absence of any specific claim under S. 166 MV Act in pleadings deprive a claimant(s) of getting just compensation? HC answers

Cruelty to Animals

Kar HC | Does ‘Animal Life’ fall within the meaning of ‘Right to Life’ under Art. 21 of Constitution of India? HC explains in light of instant facts


Kerala High Court

Kerala High Court

Conversion of Religion

Ker HC | Does a person lose his status as a scheduled caste after converting to a different faith? Does conversion put an end to the disadvantages faced by him? HC answers

Right to be Heard

Ker HC | Right to be heard cannot be claimed in cases of re-incarceration where initial order of release was without application of mind

Drug Abuse

Ker HC | HC hears suo moto case of  upsurging drug abuse; directs State to establish Campus Police Units to ensure regular checking in educational institutions

Declaration

Ker HC | Does absence of date and place in affirmation part invalidate the contents of declaration? HC answers

Compostable Plastic Bags

Ker HC | Perception that non-compostable plastic are being passed off as compostable ones is not backed by research; HC uplifts the ban on compostable plastic bags

Gold Smuggling

Ker HC | Gold Smuggling is not a terrorist activity, it does not qualify as ‘any other material’ under S. 15(1)(a)(iiia) of Unlawful Activities Prevention Act; HC grants bail


Madras High Court

Human Rights

‘Amend! Make Human Rights Act a Complete Code’, HC suggests to collective wisdom of Parliament: Read point-wise analysis of 517-pages long judgment holding recommendations of Human Rights Commission are binding on Govt., legally enforceable

Unlawful Conduct

Zero tolerance for Advocates’ unlawful conduct: HC to ensure that activities of some advocates do not spoil image of entire profession

Dishonour of Cheque

If wife issues a cheque to discharge husband’s liability and it gets dishonoured, can the wife be prosecuted under S. 138 NI Act? HC answers

Cruelty

Husband and Wife lived separately for 7 long years, marriage dissolved by family court on ‘cruelty’ ground. Read HC’s decision on challenge to Family Court’s decision

Communal Separation

Temple shall not be a place for perpetuating communal separation leading to discrimination

Cooling-Off Period

Husband and Wife living separately for past 13 years. Can cooling-off period under S. 13-B of Hindu Marriage Act, 1955 be waived off, if sought mutually ? Read on

Hunger Strike

Can Court take cognizance of an offence registered under S. 309 IPC after 3 years? Court discusses while expressing “Hunger strike during a protest is not an offence under S. 309 IPC”

Maintenance

Payment of Maintenance under S. 125 CrPC: From the ‘date of application’ or ‘date of order’? HC answers in view of SC decision


Madhya Pradesh High Court

Will

MP HC | Do the revenue authorities have jurisdiction to decide the correctness and genuineness of a “Will”? Court explains

Right of Succession

MP HC | Claim of share in the properties or right of succession are not pure questions of law instead they are mixed question of law and fact; Court dismisses revision warranting interference under S. 115 of CPC

Others

MP HC | Court not inclined to entertain writ petition in case remedy available before concerning Magistrate under S. 156 (3) of CrPC


Meghalaya High Court

Scope of taking Cognizance

Megh HC | What is the scope of taking effective cognizance of the subsequent facts in a petition? HC explains

Compassionate Appointment

Megh HC | Will a minor at the time of death of a deceased employee be entitled to claim compassionate appointment upon attaining majority? HC answers

Attempt to Rape

Megh HC | No disrobing, no penetration; will nudging and putting the victim to ground amount to attempt to rape? Read what constitutes an offence under Ss. 376/511 IPC


Orissa High Court

Healthcare Facilities to Scheduled Tribe Communities

Ori HC | State Government directed to take appropriate action to provide healthcare facilities to ST communities residing in Sukinda Chromites Valley, Jajpur

 

 

 


Patna High Court

Termination of Contract

Pat HC | “State is not free to act according to its own standard.” HC held termination of contract by State without mandatory notice is illegal

Voluntary Retirement

Pat HC | Application for voluntary retirement cannot be treated as resignation application; HC quashes impugned order

Indefinitely debar a person from doing business

Pat HC | Authorities cannot be allowed to indefinitely debar a person from doing business contingent to happening of a certain future event


Punjab and Haryana High Court

Pension to Widow

P&H HC | “She requires to maintain herself and cannot be denied financial assistance”, HC grants pension to widow convicted for murder

Surety

P&H HC | “Sureties are petty farmers, having meager land holdings”; HC reduces penalty of Rs 2 lakh to Rs 5000

Recruitment Policy

P&H HC | “It’s a matter of recruitment policy”; HC denies adjudicating question of equivalence of qualifications, directs State to determine

Protection to Couple

P&H HC | “Muslim girl of 17 years of age is competent to enter into a contract of marriage with a person of her choice” HC grants protection to couple

Bail

P&H HC | A juvenile has to be released on bail mandatorily unless and until exceptions carved out in proviso to S. 12 (1) of J.J. Act, 2015 itself are made out

Alimony

P&H HC | Wife entitled to increase alimony after an increase in husband’s salary, HC upholds


Rajasthan High Court

Reservation in Employment

Raj HC | State Govt. to consider whether persons with locomotive disabilities and hearing impairment can avail reservation for the purpose of employment under Rights of Persons with Disabilities Act, 2016

 

 

 


Telangana High Court

 

Preventive Detention

Telangana HC | Can a sexual offender be taken into preventive detention? Read the case of ‘detenu’ who committed intercourse with minor in secluded place and let her off next day

 

 


Tripura High Court

Department Inquiry | Corrupt Practice

Tri HC | Once material has come to Government notice prima facie indicating that there was some corrupt practice, Government is duty-bound to act on the same; Court maintains departmental inquiry

 

 

 


Uttaranchal High Court

Natural Justice

Utt HC | Audi alteram partem is the soul of principle of natural justice; Court issues directions

Transfer Orders

Utt HC | Courts should not interfere with transfer orders made in public interest; Petition dismissed

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