High Courts Monthly Round-up: March 2021

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


Allahabad High Court

Rule Making Power under the Motor Vehicles Act

All HC | Rule making power of Central and State Government under Motor Vehicles Act – Are the subject matters falling under Ss. 110 and 111 delineated and demarcated or do they overlap? HC explains

https://bit.ly/3m5cMwI

Maintenance

All HC | Rent Allowance vis-a-vis Maintenance Allowance: Whether under S. 125 CrPC, rent allowance is included under maintenance allowance? Read to know

https://bit.ly/3fpMKTL

Maintainability of Habeas Corpus Writ

All HC | Full Bench decides whether writ of Habeas Corpus will be maintainable against Judicial order or Child Welfare Committee’s order under J.J. Act? Decoded

https://bit.ly/31xr9QW

Marriage of a Minor| Void or Voidable?

All HC | If a minor girl marries a major of her freewill, will such marriage be void or voidable? Court explains while discussing validity of child marriage

https://bit.ly/3m3tfSg

Contract

All HC | During his lifetime, tenant enters into compromise with landlord and enjoys benefits thereof. After such tenant’s demise, can his legal heirs challenge the compromise? HC uncovers legal position

https://bit.ly/3dlLBtF

Land Title Dispute

All HC | Order reserved in Kashi Vishwanath Temple-Gyanvapi Masjid Land Title Dispute; Court to decide maintainability [Religious Character]

https://bit.ly/3rCXbWu


Bombay High Court

Maintenance to Widowed Daughter-in-Law

Bom HC | Father-in-law denies maintenance to widowed daughter-in-law and her children. Will he be obligated to maintain them if late son had a share in ancestral property? HC Decodes

https://bit.ly/39w2RLF

Fraud by Wife?

Bom HC | Husband alleged that wife hid her actual date of birth & since he intended to marry a ‘Mangalik Yog’ girl, fraud was played upon him. Here’s how HC solved the matter

https://bit.ly/31BByv0

Section 417 of Penal Code, 1860

Bom HC | Whether absence of ‘dishonest concealment of fact’ exempt a person from being punished under S. 417 IPC? Read on

https://bit.ly/3weIFHV

Legal Heirs | Property

Bom HC | Relinquishment of self-acquired properties of a deceased by legal heirs. Will such release enure to benefit of all other legal heirs? Court explains

https://bit.ly/3ftQQdG

Defamation

Bom HC | Can a person’s image be used for a commercial purpose, without his/her express written consent? Justice G.S. Patel elaborates directing Amazon Prime to take down the telecast of a movie using a person’s private image

https://bit.ly/3u9WTYU

Suicide

Bom HC | Woman commits suicide along with her infant daughter within 7 years of marriage. Can husband of deceased be held guilty for offences under Ss. 498-A, 304-B read with 34 IPC? Mere suspicion of Cruelty & Harassment is enough?

https://bit.ly/3m5Qknj

Agreement

Bom HC | Can a development agreement signed between Chairman of Society and one of the Managing Committee members be binding upon non-signatory? Court discusses while ordering redevelopment of building

https://bit.ly/3sH9HFJ

Copyright Registration

Bom HC | Does Copyright Act requires mandatory registration to seek protection under the Act? Justice G.S. Patel explains

https://bit.ly/3ue4FRz

Daughter approaches Family Court on behalf of father’s Marriage

Bom HC | Can a daughter approach Family Court on behalf of her father to challenge validity of his marriage? OR only parties to marriage can challenge validity? Read in light of S. 7 of Family Courts Act

https://wp.me/pcenps-11Vt

Others

Bom HC | Board of Directors of Co-operative Bank: Power of Registrar of Co-operative Societies under Maharashtra Co-operative Societies Act & RBI’s role || Detailed Report

https://bit.ly/2PN0htB


Calcutta High Court

Registered Society

Cal HC | Can a registered society file a writ petition on behalf of a group of people including those who are not members of the society? HC discusses while upholding shifting of market site in view of COVID-19

https://bit.ly/3sFJTtz

Marriage Conversion

Cal HC | Judiciary – The policy-making instrument on issues relating to marriage conversion and acceptability in terms of personal laws? Read on

https://bit.ly/3m6vqEw


Chhattisgarh High Court

Opportunity of Hearing

Chh HC | Does forfeiture of earned remission of a convict without giving reasonable opportunity of hearing would amount to violation of fundamental right under Art. 21 Constitution of India? HC observes

https://bit.ly/3sDdy6T

Benami Transaction

Chh HC | Principles governing determination whether a transfer is a Benami transaction has been reiterated; Petition allowed

https://bit.ly/3fuYFzM

Cooling Period

Chh HC | Guidelines regarding the waiver of cooling period as provided under S. 13B (2) of Hindu Marriage Act reiterated; Petition allowed

https://bit.ly/3dlQCm3

Contract

Chh HC | When terms of a contract have been reduced to the form of a document, no evidence shall be given or permitted to be adduced in proof of terms of such contract under Ss. 91 & 92 of Indian Evidence Act, 1872

https://bit.ly/3dlOtGX


Delhi High Court

Delhi High Court

Revisional Court Decision v. Lower Court Decision

Del HC | Can the revisional court’s conclusion substitute the lower court’s decision? Read HC’s analysis

https://bit.ly/31AUw4U

Defamation

Del HC | Complaint against Business Standard for defaming ‘member of RSS’ quashed: Who qualifies as an aggrieved person to file defamation complaint? HC explains

https://bit.ly/3fx3lVE

Payment of Rent

Delhi HC issues notice in a plea raising important issues concerning payment of rent by Cinema Halls during lockdown, doctrine of incorporation of arbitration clause, recourse in absence of force majeure clause

https://bit.ly/2PcCROF

Jurisdiction

Del HC | What is the scope of Court’s jurisdiction while examining application under S. 8, Arbitration and Conciliation Act. What is effect of ‘Chalk & Cheese’ case of non-arbitrability? HC examines in “Hero” electric bikes dispute

https://bit.ly/3fuRRBV

Virtual Hearing

Del HC | NCLT and NCLAT directed to regulate their own procedure for virtual hearing platforms so long as it is ensured that if any particular party requests for a link, same would be considered in a fair, transparent and non-arbitrary manner

https://bit.ly/3m7Ph6m

Sensitization of Citizenry

Del HC | Sensitization of citizenry has to precede, not succeed, galvanization of governmental machinery: Directions issued to Airlines and DGCA on noting an ‘alarming’ situation in Air India flight

https://bit.ly/3rF3Cbz

Vicarious Liability

Del HC | Vicarious liability under S. 138 NI Act. What is proper stage of raising defence of absence of knowledge  by the accused being held vicariously liable for offence committed by company? Explained

https://bit.ly/3ucGHG3

Arbitrator

Del HC | Whether disability of an appointing authority to appoint an arbitrator frustrate the arbitration agreement. HC unravels in light of Arbitration and Conciliation (Amendment) Act, 2015

https://bit.ly/2PKAna8

Unsoundness of Mind

Del HC | How to prove unsoundness of mind in absence of medical records? When does presumption of being under influence arise? On whom lies burden of proof? Court answers while rejecting challenge to a Will

https://bit.ly/3sHokZQ

Culpable Homicide

Del HC | What is the most crucial element to be determined while finding a person guilty under attempted culpable homicide – S. 308 IPC? Vegetable seller beaten up on failing to provide money for conducting business outside Okhla Sabzi Mandi

https://bit.ly/2PK242A

Emergency Arbitrator

[Amazon v. Future Retail] From Emergency Arbitrator to Group of Companies Doctrine – Delhi HC covers all while restraining Future Group from proceeding further with Disputed transaction

https://bit.ly/3sCdMes

Eviction Order

Del HC | Which is the proper forum for filing appeals from the eviction order passed by DM under Delhi Maintenance and Welfare of Parents and Senior Citizens Act? Court answers

https://bit.ly/3cEwYmh

Interim Maintenance

Del HC | It is for the wife to establish alleged source of husband’s income; Husband would have paid maintenance rather than going jail: HC reduces interim maintenance to wife and son

https://bit.ly/3frG0or


Gauhati High Court

Gau HC | [Artificial Ripening of Fruits] HC considers health hazards; lays down detailed guidelines to ensure chemical-free ripening of fruits

https://bit.ly/39x1pbQ

Culpable Homicide

Gau HC | “Nature of injury does not suggest that the appellant acted in cruelty”; HC converts conviction for murder into culpable homicide

https://bit.ly/3fuDP3A

Motor Accident Case

Gau HC | Deceased being below 40 years of age the future prospects shall be held at 40%; HC allows appeal against enhanced compensation in motor accident case

https://bit.ly/3rAFl6A


Gujarat High Court

Policy Decision

Guj HC | Court cannot undertake the activity of banking regulations upon itself and pass omnibus orders to come up with policy decision; Court dismisses appeal

https://bit.ly/2PGMcy6

Termination of Pregnancy

Guj HC | Termination of pregnancy application rejected keeping in mind health of the minor; Court issues directions

https://bit.ly/3m5kAPf


Himachal Pradesh High Court

Maternity Leave

HP HC | Whether a contractual woman employee is entitled to avail maternity leave in case of a surrogate child? HC analyses

https://bit.ly/3rA2vd7

Judicial Bias

HP HC | Merely because persons are related do not establish that the relationships were working or cordial; Crucial aspect is time period of knowledge

https://bit.ly/2PJQLHE

Eminent Domain

HP HC | Can a writ in the instant nature be allowed to direct Temple authorities to spend the amount collected through donations for construction of parking sites

https://bit.ly/3rDg5MP

Education Department

HP HC │ Lamentable state of affairs; Education Department is one of the biggest litigants before this Court and majority of writ petitions relate to transfer and adjustment of the teachers

https://bit.ly/31wtmML


Jammu and Kashmir High Court

Eviction of Unauthorised Occupants

J&K HC | “Government bungalows are Public property, it belongs to Public” HC directs State to ensure eviction of unauthorised occupants from Government accommodation

https://bit.ly/3m5lo6w

Magistrate’s Jurisdiction

J&K HC | When a CJM transfers a petition to a Magistrate subordinate to him, the Magistrate is conferred with jurisdiction to entertain the same even if the matter would otherwise fall outside his jurisdiction

https://bit.ly/3rLGloB


Jharkhand High Court

Arbitral Award

Jhar HC | [Galudih Barrage Irrigation Project] HC upholds arbitral award after certain modifications; explains principles of adjustment, counterclaim and set off

https://bit.ly/3rE9stC

Victim Compensation

Jhar HC | “Accused cannot be saddled with payment of victim compensation”; HC says such order is contradictory to S. 357A of CrPC

https://bit.ly/2Pen9mc

Jharkhand Staff Selection Commission

Jhar HC | Will a person claiming to be 41 years 11 months and 30 days of age be qualified for a post which prescribes upper age limit of 42 years? HC explains

https://bit.ly/3cAee79


Karnataka High Court

Contract

Kar HC | Whether the termination/cancellation of contract of the petitioner on the ground of the petitioner seeking maternity leave is justified? HC analyses

https://bit.ly/3fo4yi6

LIC Pension Rules

Kar HC | Benefit under Rule 27 LIC Pension Rules was rejected to a LIC Agent working as a field officer as no special qualification was required; Appeal dismissed

https://bit.ly/3ua0ru5

Immovable Property Registration

Kar HC | Immovable property which is compulsorily registrable under S. 49 of Indian Registration Act, 1908 may be taken as evidence for the purpose of collateral transaction

https://bit.ly/3cDxReJ

Abuse of Office

Kar HC | Assistant Commissioner and Tahsildar made a consorted effort to abuse their office to take possession of the properties, demolish them and dispossess the rightful owners

https://bit.ly/3fxT0ZB

Trademark Dispute

Kar HC | A case of deceptively similar trademarks; Quintessential ‘Common man’ is neither blessed with the wisdom of Solomon nor the trained eyes of Sherlock Holmes

https://bit.ly/3ftZrNu


Kerala High Court

Maintenance

Ker HC | If a neglected wife is being maintained by her eldest son, would that exempt the husband from his liability to maintain the wife under S. 125 CrPC? HC explains

https://bit.ly/2PjOLpK

Right to Protest

Ker HC | “Striking workers cannot resort to strong-arm tactics and violence”; HC explains the ambit of Right to Protest

https://bit.ly/3sEGhrU

Statutory Proceedings

Ker HC | Inappropriate for Court to interfere with statutory proceedings at show-cause stage; HC dismisses petition against SEBI

https://bit.ly/3dqoTAR

Dishonour of Cheque

Ker HC | Dishonour of cheque shall be proved to the hilt; Adverse inference cannot be drawn under S. 138 of NI Act merely because evidence is not adduced to prove a negative fact

https://bit.ly/31BLGE2

Divorce

Ker HC | In divorce petition under S. 13(1)(iii) of HMA, can Court order a party to appear before medical board for assessment of mental condition? Court discusses

https://bit.ly/3dkDHRd

OTT Rules

Ker HC | Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 challenged; HC restrains State from taking any coercive action for non-compliance of Part III of the impugned Rules

https://bit.ly/3m5f6UJ

Manual Scavenging

Ker HC | HC directs State to pay Rs 10 lakh compensation to the family of a deceased manhole worker

https://bit.ly/3rBi04z


Madras High Court

Forgery

Madras HC | Does buyer’s knowledge about dispute in title of subject property, will make him liable for offence of cheating, forgery and making false document? HC answers

https://bit.ly/3wdFKPQ

Ancestral Property

Madras HC | Under Hindu Succession Act, can an ‘ancestral property’ blend in with the ‘individual property’? Read to know

https://bit.ly/3ryfHPT

Sexual Harassment

Madras HC | Media and Political Parties restrained from indulging in any discussions on alleged sexual harassment of Lady IPS Officer – NO parallel ‘Media Trial’ || Restraint to continue

https://bit.ly/3fu9BNO

Madras HC | Why Special DGP who has been alleged to have sexually harassed the Lady IPS Officer been placed under ‘Compulsory Wait’ instead of being suspended? Does compulsory wait attach any stigma to it?

https://bit.ly/3fv8hdQ

Madras HC | Lady IPS Officer harassed by Special DGP. “Court is not going to be a mute spectator”: HC takes suo motu cognizance; decides to monitor investigation; issues directions

https://bit.ly/3cyCPt7

Right to use Postal Ballot

Madras HC | Political Party DMK challenged Constitutional Validity of S. 60(c) of Representation of the People Act 1951. Why HC held that EC provided right to use postal ballot to certain persons who otherwise would have been excluded? Know more

https://bit.ly/31yTRkx

Same-Sex Couple

Madras HC | Society still grappling to come to terms with same sex orientation: HC orders protection and in-chamber hearing

https://bit.ly/3diM0Nz

Madras HC | “Trying to develop the case brick by brick and construct something purposeful”: HC while arranging counselling for same-sex couple and parents

https://bit.ly/2PKahnq

COVID-19

Madras HC | Wear masks; maintain social distancing norms at all political gatherings: HC to candidates and political parties in election-bound State of Tamil Nadu

https://bit.ly/3wdGpAO

Law Colleges

Madras HC | Quality of education being compromised in course of more law colleges being born in guise of creating opportunities. Read what HC says

https://bit.ly/3uefCTb

Elections

Madras HC | Official Funds for Campaigning: One has to wear allegiance to a political leader, if not on the sleeve at least visibly crying out of pocket | Why? Read on

https://bit.ly/2QXbaKh


Madhya Pradesh High Court

Litigation

MP HC | Litigation in the Court is not a “game of chess”; Court dismisses appeal stating serious suppression of facts

https://bit.ly/2PKt42d

Preventive Detention

MP HC | Law of preventive detention is an exception to fundamental right to personal liberty under Art. 21 of Constitution and therefore has to be strictly construed; Court allows petition challenging preventive detention

https://bit.ly/3dm1foX


Meghalaya High Court

Injunction

Megh HC | Grant of injunction cannot be claimed by a party as a matter of right nor can it be denied by the Court arbitrarily; Court dismisses petition on the question of effective possession

https://bit.ly/31z16sO

 

 


Orissa High Court

Judicial Review

Ori HC | Power of judicial review will not be permitted to be invoked to protect private interest at the cost of public interest or to decide contractual disputes

https://bit.ly/31w4vbO

Quasi-Judicial Authority

Ori HC | A quasi-judicial authority vested with the power for cancellation of a license, could not have acted under the ‘dictation’ of another authority

https://bit.ly/3rEdPow

Strict Liability

Ori HC | Onus of proof, which lies on a party alleging negligence should be established on the touchstone of preponderance of probabilities

https://bit.ly/3dprCuf


Patna High Court

Toilet for Girls

Pat HC points out apathy on the part of State regarding the non-existence of ladies toilet in Colleges; Constitutes a Committee to examine existing conditions

https://bit.ly/3m6HS7e

Unlawful Association

Pat HC | To attract penalty for being a member of an unlawful association, the association must be one declared unlawful by a notification under UAP Act, 1967; HC declares seizure exercise illegal and arbitrary

https://bit.ly/39wQMWJ


Punjab and Haryana High Court

Panchayati Divorce

P&H HC | “Panchayati divorce has no recognition in law”; HC grants protection to the couple in spite of holding their marriage illegal

https://bit.ly/2PeswBS

Partnership Firm

P&H HC | Experience gained by erstwhile partnership firm could not be construed as experience of partners in an individual capacity; HC dismisses the petition

https://bit.ly/3m7Zn7g

Marriage

P&H HC | Muslim woman and Hindu man marries as per Hindu rites; HC holds the marriage is invalid

https://bit.ly/3m6DpS4

Contractual Live-in Relationship

P&H HC | Contractual live-in relationship has no recognition in law; HC terms it “misuse of process” and against morality

https://bit.ly/3rywBxz


Rajasthan High Court

Judgment

Raj HC | Judgment can be a binding precedent only for what has been considered and held in it; No Court can travel beyond facts mentioned and considered therein to cull out “ratio decidendi”

https://bit.ly/3cCamCL

 

 


Telangana High Court

Sale Notice

Telangana HC | If the bank sends sale notice following due procedure on the addresses mentioned in loan agreement, will the same amount to ‘service’ under Security Interest (Enforcement) Rules? Read on

https://bit.ly/3m801lc

Principles of Res Judicata

Telangana HC | Are principles of res judicata applicable to bail applications? Can repeated filing of bail applications without change in circumstances be accepted? Read on

https://bit.ly/3wgBUFu


Tripura High Court

Economic Abuse and Domestic Abuse

Tri HC | How are ‘economic abuse’ and ‘domestic abuse’ synonymous? HC explains in light of S. 3 of the Protection of Women from Domestic Violence Act, 2005

https://bit.ly/3ftbfQ3

Bail Application

Tri HC | Strong prima facie case leaves no ground for custodial immunity; Court rejects bail application in matter of Ss. 377 and 506 of IPC and S. 6 of POCSO

https://bit.ly/3sQjWrz

Public Interest Litigation

Tri HC | Every State and local authority to provide adequate facilities for instruction in mother tongue at the primary stage of education to children belonging to linguistic minority groups? Court decides on PIL

https://bit.ly/3rDFsyj

Writ Petition

Tri HC | High Court would not entertain a writ petition which is hopelessly delayed without proper explanation; dismisses petition with costs


Uttaranchal High Court

RTI Act

Utt HC | Delay in providing information under RTI Act does not amount to penalty, if valid reasons for the delay are proved; Court sets aside the penalty

https://bit.ly/3m5xGfn

Enquiry

Utt HC | Before proceeding in the matter, Court has to form an opinion that an enquiry is needed; Court dismisses application moved under S. 340 CrPC

https://bit.ly/31BktBn

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