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
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
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
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
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
Land Title Dispute
All HC | Order reserved in Kashi Vishwanath Temple-Gyanvapi Masjid Land Title Dispute; Court to decide maintainability [Religious Character]
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
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
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
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
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
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?
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
Copyright Registration
Bom HC | Does Copyright Act requires mandatory registration to seek protection under the Act? Justice G.S. Patel explains
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
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
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
Marriage Conversion
Cal HC | Judiciary – The policy-making instrument on issues relating to marriage conversion and acceptability in terms of personal laws? Read on
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
Benami Transaction
Chh HC | Principles governing determination whether a transfer is a Benami transaction has been reiterated; Petition allowed
Cooling Period
Chh HC | Guidelines regarding the waiver of cooling period as provided under S. 13B (2) of Hindu Marriage Act reiterated; Petition allowed
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
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
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
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
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
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
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
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
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
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
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
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
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
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
Gauhati High Court
Gau HC | [Artificial Ripening of Fruits] HC considers health hazards; lays down detailed guidelines to ensure chemical-free ripening of fruits
Culpable Homicide
Gau HC | “Nature of injury does not suggest that the appellant acted in cruelty”; HC converts conviction for murder into culpable homicide
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
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
Termination of Pregnancy
Guj HC | Termination of pregnancy application rejected keeping in mind health of the minor; Court issues directions
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
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
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
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
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
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
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
Victim Compensation
Jhar HC | “Accused cannot be saddled with payment of victim compensation”; HC says such order is contradictory to S. 357A of CrPC
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
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
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
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
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
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
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
Right to Protest
Ker HC | “Striking workers cannot resort to strong-arm tactics and violence”; HC explains the ambit of Right to Protest
Statutory Proceedings
Ker HC | Inappropriate for Court to interfere with statutory proceedings at show-cause stage; HC dismisses petition against SEBI
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
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
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
Manual Scavenging
Ker HC | HC directs State to pay Rs 10 lakh compensation to the family of a deceased manhole worker
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
Ancestral Property
Madras HC | Under Hindu Succession Act, can an ‘ancestral property’ blend in with the ‘individual property’? Read to know
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
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?
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
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
Same-Sex Couple
Madras HC | Society still grappling to come to terms with same sex orientation: HC orders protection and in-chamber hearing
Madras HC | “Trying to develop the case brick by brick and construct something purposeful”: HC while arranging counselling for same-sex couple and parents
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
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
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
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
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
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
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
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
Strict Liability
Ori HC | Onus of proof, which lies on a party alleging negligence should be established on the touchstone of preponderance of probabilities
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
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
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
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
Marriage
P&H HC | Muslim woman and Hindu man marries as per Hindu rites; HC holds the marriage is invalid
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
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”
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
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
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
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
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
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
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
