High Courts Monthly Round-up: April 2021

Here’s a short recap of what we covered under the High Courts section in the month of April 2021.

Allahabad High Court


“Govt. is to blame for chaos; Harsh steps necessary before pandemic spirals to engulf entire population”: All HC orders closing of all establishments (exceptions listed) till 26th April in select districts, asks Govt. to consider complete lockdown for entire State



All HC | What’s the purpose of keeping money in FD where claimant is unable to see colour of compensation?: HC directs Tribunal to disburse entire claim amount to claimant’s account



All HC | Wife’s appeal against divorce decree withdrawn due to reconciliation and cohabitation with husband. Later, husband passed away. Is she entitled to maintenance under Hindu Adoptions & Maintenance Act? Read on


Bombay High Court


Bom HC | Remdesivir and Tocilizumab injections to be regulated; Collector Nagpur to examine regarding feasibility of making beds available at Mankapur Stadium, Nagpur and Nagpur Nagrik Sahakari Rugnalaya


Bom HC | Reports of RT-PCR Tests to be made available on Whatsapp; COVID positive patients reports to be uploaded within 24 hours on ICMR portal


Bom HC | Rise of COVID-19 Cases in State of Maharashtra: State to file information on measures to de-congest jails, to control spread of virus & status of COVID cases


Bom HC | MoH communication reducing oxygen supply to Maharashtra is “bolt from the blue”: Court directs PRAX AIR to keep supplying 110 MT oxygen per day


Bom HC | Deficient Remdesivir Drug and Oxygen to COVID-19 Patients: HC directs to hold meeting with manufacturers and procure


Bom HC | “Elderly citizens being asked to choose between devil and the deep sea”: HC not impressed with Centre’s reply on petition for door-to-door vaccination for elderly and disabled citizens


COVID-19 and Article 25

Bom HC | Religious places of worship closed; Prayer offering in mosque during Ramzaan not allowed in wake of COVID-19: Court discusses scope of Art. 25


COVID Vaccine and Intellectual Property Rights

Bom HC | “Serum Institute coined the term ‘Covishield’, took substantial steps towards development and manufacture”: Court finds no merit in Cutis Biotech’s passing off action


CBI Investigation

Bom HC | Anil Deshmukh ‘prima facie’ committed cognizable offence, but No immediate FIR by CBI. Credibility of State machinery at stake: HC directs CBI to conclude preliminary investigation preferably within 15 days


Circumstantial Evidence

Bom HC | Circumstantial Evidence. Wife found dead, can husband be convicted on the basis of him being last seen with wife? Do Police Officers need to substantiate their stand on basis of documents? Read on


Criminal liability

Bom HC | Can administrator of WhatsApp group be held criminally liable for objectionable posts of a group member? HC answers


Minor’s consent

Bom HC | ‘Consent’ of minor for sexual act who conceived and delivered a baby will be immaterial


Minor’s property

Bom HC | Minor’s property fraudulently transferred. Can application for such declaration and order for recovery lie in Guardianship Petition? HC elucidates


Rape and conviction

Bom HC | Father rapes minor daughter, but conviction under S. 376(2) (i) IPC set aside. Why? Read Court’s opinion in light of S. 164 CrPC || Detailed Report


Quashing of proceedings

Bom HC | Daughter caught in crossfire between parents; Accused under DV Act by mother. HC decides whether allegations inherently probable? [Exhaustive Report]



Explainer | Bombay HC at Goa on Quota in Municipal Polls [Detailed Report]


Calcutta High Court


Cal HC | Resurgence of COVID-19 | Candidates, aides and associates engaged in election campaigning to encourage and unfailingly observe COVID rules to avert deadly disaster staring at our faces


Cruelty by wife

Cal HC | Reckless allegations against husband corroborated by daughter. Affidavit of daughter how far can corroborate husband’s allegations? Court determines while confirming divorce decree against wife


Election Commission

Cal HC | Issuing circulars and holding meetings not enough to discharge onerous duties of Election Commission of India: Court “unable to reconcile” that EC could not update it on enforcement of circulars



Cal HC | Pre-requisite for awarding maintenance under Hindu Marriage Act: Independent income of husband or wife to support either is enough? Read on


Chhattisgarh High Court

Bank account

Chh HC | Whether ‘bank account’ can be held to be `property’ within the meaning of S. 102(1) CrPC?  HC explains


Hindu Marriage Act

Chh HC | Application under Or. 9 R. 4 of CPC also attracts provisions under S. 24 of Hindu Marriage Act, 1955


Mental cruelty by wife

Chh HC | Wife attempts suicide; throttles husband, daughter; assaults mother-in-law; consistently behaves abnormally. Is this mental cruelty, ground for husband to obtain divorce? HC elucidates



Chh HC | Whether higher qualification presupposes lower qualification always for the purposes of recruitment? HC discusses


Telephone tapping

Chh HC | Dismissal from service based on telephonic recorded conversation offends Art. 21 of Constitution of India


Delhi High Court


Del HC | INOX to honour its contract with Delhi hospitals and restore supply of 140 MT oxygen; State should utilise mid-day meal contractors in providing food to needy: Court issues directions


Del HC | Interim Orders pending before Subordinate Courts to stand extended till 16th July, 2021 or until further order


Delhi HC on status of availability of COVID Beds, supply of ventilators, need of medical oxygen and essential medications || “Wastage of a single dose of vaccine is a criminal waste”


9-key points of Delhi High Court decision asking Central Government to swing into action | Rakesh Malhotra v. State


Del HC | Immediately work out logistics for procuring supply of oxygen; Comply with allocation orders; Supply on emergent basis: Court directs Del Govt. and suppliers


Del HC | Ensure strict compliance of oxygen supply orders or face contempt, criminal, penal action; Provide adequate security to lorries transporting oxygen: HC to Authorities and Centre


[Supply of Medical Oxygen] Del HC | Stoppage of tankers by one State would have snow balling effect: HC hopeful that with infrastructure for transportation of liquid Oxygen been augmented, the supplies to Delhi would considerably improve


Del HC | ‘We made no request for any hotel, much less Ashoka Hotel’: Notice issued to Delhi Govt. after it reserved 100 rooms in 5-star hotel as Covid facility for Judges, judicial officers, families


Del HC | Hoarding of medicines or Oxygen cylinders/ flow metres leads to artificial scarcity, to an extent which may not be there || Detailed Order of COVID-19 Crisis


Del HC | Delhi Police should immediately release the seized Remdesivir or other Drug used for treating COVID-19 or any Oxygen Cylinders seized from the possession of patients or their attendants || Detailed Order on COVID-19 concerns


Delhi HC comes down heavily on Central government; Warns of contempt proceedings if it fails to supply allocated medical Oxygen on urgent basis


Breach of privacy

Del HC | Including name or likeness of a person on pornographic website is breach of privacy: Court suggests template directions for meaningful compliance of injunction and restraining orders



Del HC | Does CrPC allow amendment before taking cognizance and is there any provision to amend criminal complaint? Read Court’s opinion while deciding India Today’s Editor-in-Chief’s application in defamation case


Delhi riots

Del HC | Allegations against rioter Shahrukh not confined to participation, but leading large crowd releasing open fire shots: Bail denied to Delhi Riots accused


Domestic violence

Del HC | If a proceeding is pending before Family Court, would this warrant the application under S. 12 Domestic Violence Act to be transferred to Family Court? Read on


Ex-parte decree

Del HC | Scope of Or. 9 R. 13 CPC application: Whether summons duly served and/or whether defendant was prevented by ‘sufficient cause’ from appearing? Explained


Guardianship and financial expenses

Del HC | If a person is incapacitated and relative taking care of his medical expenses requires money from his bank account, is that permitted under law? Can Bank permit withdrawal of money? Read on



Del HC | Is it within Court’s power to direct for further investigation on finding defects in the same? Death caused by suicide, Allegations of Dowry Death | Why FIR was registered after 10 months of deceased’s death? [Detailed Report]


Public place

Del HC | Vehicle even if occupied by only one person would constitute a ‘public place’ and wearing of mask therein would be compulsory


Gauhati High Court


Gau HC | [NRC] Citizenship cannot be denied merely because linkage with relatives was not shown; HC sets aside order of Tribunal declaring man a foreigner


Gujarat High Court


Guj HC | ‘Harrowing Tales, Unfortunate and Unimaginable Difficulties’ HC takes suo moto cognizance due to upsurge in COVID-19 cases and asks what steps Government will take


Guj HC | Setup RT PCR test labs in all districts; Accept deficiencies publicly and take immediate remedial steps, etc.: Court flags issues for State’s consideration


Himachal Pradesh High Court

Custodial interrogation

HP HC | A balance has to be maintained between the right of personal liberty and right of Investigating Agency to investigate and arrest an offender for the purpose of investigation


Freedom of press

HP HC | If conduct of an editor of a newspaper is under scanner, suspension of accreditation till charges are cleared would not amount to violation of freedom of press



HP HC│ Can a wife give up her right to an enhanced rate of future maintenance through a contract? Will such contract be valid or void? Read on



HP HC | Where the document is written by one person and signed by another, the handwriting of the former and the signature of the later have both to be proved in view of S. 67 of the Evidence Act


Jammu and Kashmir High Court


J&K HC | “Right to consideration for promotion is a fundamental right”; HC directs government to obviate stagnation in service



J&K HC | “Their engagement in private coaching invariably slows down their performance in the Government schools”; HC upholds the ban on private tuition by Government teachers


Kerala High Court

Fair elections

Ker HC| ‘Ensure ‘no double voting by any voter’; HC directs Election Commission of India to be on war footing to ensure fair and democratic election


Female employment

Ker HC | S. 66(1)(5) of Factories Act: Protective Provision or not? Can this provision act as a hurdle in the way of a woman being considered for employment? Employment Opportunity only for Male Candidates v. Female Candidates [Detailed Report]


Jurisdiction under Article 227

Kar HC | ‘thou art weighed and found wanting’; Writ Court exercising limited supervisory jurisdiction under Art. 227 Constitution of India cannot run a race of opinions with the Court of impugned order


Live-in relationship

Ker HC | Whether a Child born out of a live-in relationship is to be treated as a child born to a married couple? Status of Children in a live-in relationship & mother’s decision to recognize fatherhood of child || High Court unwinds


Packaged drinking water

Ker HC | Packaged drinking water units not to continue without proper clearance and permits; no low-quality ice bars to be distributed: Detailed report on Unauthorised Packaged Drinking Water units operating in State



Ker HC | Service of summons through Whatsapp; Is it valid in law? HC clarifies



Ker HC | “Their livelihood will be lost, if they fail to report back for duty”; HC directs Sessions Court to release passports of under-trial labours employed abroad


Meghalaya High Court

Compromise in Non-compoundable cases

Megh HC | Whether a criminal proceeding involving non-compoundable offence can be set aside and quashed, all parties having reached a compromise? Court decides


Madras High Court


Madras HC | Survival and Protection: Only when citizen survives that he enjoys other rights that this democratic republic guarantees unto him || HC on COVID-19, Election Commission, Vote Counting


Madras HC | States’ failure in filing status report: HC remarks State’s indolence knows no bounds to use pandemic as excuse for acting in flagrant breach of Court orders



Madras HC | 4 Fishermen killed by Sri Lankan Navy. State & Centre to provide adequate compensation in wake of untimely deaths of fishermen



Madras HC | PCOS v. Impotency? Divorce on ground of no cohabitation. Is it a legitimate expectation of husband? HC explains while discussing concept of marriage and S. 12(1)(a), HMA



Madras HC | Daughters filed partition suit while disowning their registered release deed. As per S. 92 of Evidence Act, burden to adduce evidence sufficient to exclude written evidence will be on the daughters? Read on


Orissa High Court


Ori HC | Bail rejected subject to the plight of the victim and the probability of the accused tarnishing the dignity of the victim and her family


Circumstantial evidence

Ori HC | In cases where guilt is based only on circumstantial evidence; suspicion, however, grave may be, cannot be a substitute for a proof



[MV Act] Ori HC | Does compassionate appointment given to the widow allow deductions in compensation granted? HC decides


Economic offences

Ori HC | An economic offence is committed with cool calculation and deliberate design with an eye on personal profit regardless of the consequence to the Community; Bail rejected


Sales tax

Ori HC | Once the material is offered for inspection, the delivery shall be “deemed to have been completed” on that very date, Freight charges were rightly raised separately


Patna High Court


Pat HC | Explore possibility of procuring High Flow Nasal Canula; Speed-up RT PCR testing: HC directs State



Pat HC | Bias and prejudices, conjectures and surmises and personal views contrary to material on record have no place in court of law: HC says Trial Judge needs special training at Judicial Academy. Read why


Punjab and Haryana High Court


P&H HC | Welfare of minor is the paramount consideration to be kept in mind while appointing a guardian in regard to S. 17 of the Guardian Act r/w S. 13 of the Minority Act


Fake allegations

P&H HC | It is not only an abuse to process of law but also an attempt to overawe the authorities; HC imposes cost of 1 lakh for fake rape allegation


Rajasthan High Court


Raj HC | Primary objective of parole is to facilitate family ties being maintained and cannot be rejected on flimsy grounds


Tripura High Court


Tri HC | Conviction under S. 42 Indian Forest Act, 1927 upheld; Court dismisses petition


Uttaranchal High Court


Utt HC | State to establish Real Time Portals for informing public about availability of beds, oxygen cylinders and flow-meters; HC lays down directions


Forest fires

Utt HC | Court issues guidelines issued in order to curb problems related to forest fires in the State; Vacancies in the forest department to be filled


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