High Courts Monthly Round-Up: June, 2021

Here’s a short recap of what we covered under the High Court’s section on the SCC Online Blog for the month of June 2021. In case, you missed out on catching up with some interesting cases, then, you have clicked on the right post to be read.

Go ahead and check out the June updates of 2021!


Allahabad High Court

Section 138 NI Act

  • All HC | Can complaint under S. 138 NI Act be quashed for failure to disclose date of service of notice? Court says it is a matter of evidence

https://wp.me/pcenps-12WK

  • All HC | Can factum of disputed service of notice in S. 138 NI Act case be adjudicated under S. 482 CrPC? HC elaborates

https://wp.me/pcenps-136I

Live-in Relationship

All HC | ‘We are not against live-in relationship’; HC grants protection to couple of marriageable age

https://wp.me/pcenps-132G

Dowry Death

304-B IPC and S. 113-B of Evidence Act are decisive provisions to ascertain unnatural death as dowry death: Allahabad HC explains

https://wp.me/pcenps-12YE


Bombay High Court

COVID-19

  • Bom HC | CSR, Mucormycosis and Deficit Drug Supply; HC reminds Center, “the situation is war like”

https://wp.me/pcenps-12SZ

  • [PM Cares Ventilators] Bom HC | “Will not permit experimentation of faulty ventilators”; HC warns Union Government

https://wp.me/pcenps-12PQ

  • Bom HC | No prohibition by Center on door-to-door vaccination; HC gives Maharashtra one week time to sanction door to door vaccination

https://wp.me/pcenps-12ZT

Property Suit

Bom HC | In a property suit in which decree has been passed, can a third party’s intervention application claiming his right to recovery be maintainable? Read on

https://wp.me/pcenps-130f

Commercial Bid

Bom HC | Can possible case of cartelization be determined only after opening of commercial bid? HC answers

https://wp.me/pcenps-12Uo

Matrimonial Dispute 

Bom HC | Whether HC should quash an FIR arising out of matrimonial dispute on ground of same being settled amicably? Gian Singh v. State of Punjab referred

https://wp.me/pcenps-12WP

Bail

Read why Bombay HC granted anticipatory bail to ‘Constable’ accused of rape and other offences | Succinct Report

https://wp.me/pcenps-12Ys

Amendment of Pleadings

Bom HC | In case of an application for amendment of pleadings, what would be the principal condition that Courts need to consider? Read on

https://wp.me/pcenps-12P9


Calcutta High Court

Dowry

Cal HC | Is mere demand of money, property, etc. sufficient to penalise for demanding dowry? Court answers; says gifts exchanged out of love are not dowry

https://wp.me/pcenps-137C

COVID-19

[Mismanagement and Wastage of Medicines in Government Hospitals] Cal HC | Taxpayers money cannot be wasted; Court directs State to produce records of medicines, maintain system through IT

https://wp.me/pcenps-1365

Bengal Post Poll Violence

Cal HC | State from very beginning had been denying everything, the way State was proceeding in matter, did not inspire confidence; NHRC constitutes committee to examine complaints

https://wp.me/pcenps-134u

Interim Bail 

Cal HC | Interim bail to TMC leaders followed by arguments on maintainability and constitution of larger Bench

https://wp.me/pcenps-12OO


Chhattisgarh High Court

COVID-19

Chh HC | Mathematical precision cannot be adhered to the percentage of jab to be provided to different categories in terms of State’s policy dated 9th May, 2021

https://wp.me/pcenps-12Z3

Termination of Pregnancy

Chh HC | Pregnancy which is caused by rape would presume to cause grave injury to mental health of the pregnant woman; Right to make reproductive choices is a dimension of ‘personal liberty’

https://wp.me/pcenps-1393

Right to Speedy Trial

Can writ under Art. 226 Constitution of India be filed for grant of compensation under public law for infringement of fundamental right? Chh HC answers

https://wp.me/pcenps-136a


Delhi High Court

Trademark Infringement

  • Del HC | Usage of domain names identical/deceptively similar to ‘BAJAJ FINANCE’ or ‘BAJAJ FINSERV’ would amount to infringement

https://wp.me/pcenps-12Nz

  • Del HC | “Singh + Singh” prima facie deceptively similar to “Singh & Singh”: HC grants interim relief to law firm in trademark infringement case

https://wp.me/pcenps-12SQ

Passing Off

Del HC | Interim relief against passing off. Is identical placement of colours and other features in label of product being passed off enough? HC decides

https://wp.me/pcenps-12NG

Maintenance

  • Del HC | Can magazine covers be sufficient evidence to explain that wife who is a model can sustain herself? HC addresses while deciding a Maintenance matter

https://wp.me/pcenps-12NX

  • Del HC | Whether woman is party to adultery/bigamy so as to refuse relief under DV Act is a matter of trial: HC refuses to quash lower court orders

https://wp.me/scenps-adultery

  • Delhi HC decides that Father’s obligation to maintain a child cannot end once he/she turns 18 years of age. Read why

https://wp.me/pcenps-134d

Arbitration

  • Del HC | Does non-payment of stamp duty on a commercial contract invalidates arbitration agreement? Explained

https://wp.me/pcenps-12R8

  • Del HC | Can sole arbitrator’s appointment be disputed if he was consultant/advisor to one of the parties to dispute? Court examines

https://wp.me/pcenps-133T

  • Del HC adverts to scope of judicial review of an arbitral award; Wades through bunch of pleas including violation of Part 1, CPC and insurance against breakage during transit, etc.

https://wp.me/pcenps-138F

5G Technology

Colossal Harm by rolling out of 5G Technology: Delhi HC dismisses suit for defective plaint, filed for gaining publicity; Imposes costs of Rs 20 lakhs

https://wp.me/pcenps-12RC

Delhi Riots

  • Del HC | Crucial aspects of ‘Terrorist Act’ and Right to Protest | Everything about Asif Iqbal Bail Order

https://wp.me/pcenps-132M

  • Devangana & Natasha v. State | Pivotal Findings in State against Devangana Kalita & Natasha Narwal [Succinct Report]

https://wp.me/pcenps-132J

Infringement

Del HC | Telegram to take down infringing contents to cinematograph film ‘MAADATHY’ on receiving a request from Plaintiff

https://wp.me/scenps-maadathy

Section 139 NI Act

Del HC | Can mere ipse dixit and statement in defence under S. 313 CrPC rebut presumption cast under S. 139 NI Act? Read on

https://wp.me/pcenps-138W


Gauhati High Court

COVID-19

  • Gau HC | Violence against Doctors; HC directs State to take immediate actions if any medical practitioner is manhandled or abused

https://wp.me/pcenps-130k

  • Gau HC | Verify availability of separate rooms before directing home Isolation; HC directs State

https://wp.me/pcenps-12OY

  • Gau HC | Court directs ration be provided to struggling sex workers and their families who have been identified; further asks AIDS societies to identify the rest and give relief

https://wp.me/pcenps-12N7


Himachal Pradesh High Court

HP HC | Can an application for addition/ alteration of charges be made by State at the stage when the matter is fixed for arguments? Court explains

https://wp.me/pcenps-133p

COVID-19

Decentralized opening of Primary Health Care centers into ICU hospitals with beds & oxygen facilities is of paramount importance; Himachal Pradesh HC directs State to take steps

https://wp.me/pcenps-12Pl


Jammu and Kashmir High Court

COVID-19

J&K HC | Kins of persons dying of Covid-19 can view face and perform last rites of deceased; HC declines to handover dead bodies to the family

https://wp.me/pcenps-12Xn

Bail Application

J&K HC | “Heinous offence against serving Law Officer”; HC rejects bail application of convicts who killed Dy. AG, Ajit Singh Dogra

https://wp.me/pcenps-12Sj


Jharkhand High Court

Judicial Review

Jha HC | Jharkhand Public Service Commission is a constitutional body, but its actions and decisions are not immune from judicial review

https://wp.me/pcenps-12UL

Family Pension

Jhar HC | Is the second wife of an ex-employee entitled to family pension? Court answers in light of instant facts

https://wp.me/pcenps-12Z8

Warrant of Arrest

Jhar HC | Parameters of warrant of arrest and S. 82 CrPC have not been complied as time and place has not been indicated

https://wp.me/pcenps-1368

Parity in Pay

Jhar HC | Employees of Telco Recreation Club cannot claim parity in pay with employees of Telco Ltd.; HC quashes Labour Court’s order

https://wp.me/scenps-employer

Writ Petition

Jhar HC | Practice of filing a writ petition Art. 226 of the Constitution of India because a person has a grievance that his FIR has not been registered by the police must be discouraged

https://wp.me/scenps-fir

Sexual Assault

Jhar HC | “Is the police taking side by not bringing victim in witness box?” HC comes down heavily on authorities for discrepancies in sexual assault case, warns authorities of contempt proceeding

https://wp.me/pcenps-1398


Karnataka High Court

COVID-19

  • Kar HC | 1/3rd of beneficiaries who have completed six weeks will get second dose of COVAXIN and remaining two-third will not get it

https://wp.me/scenps-covaxin

  • Kar HC | Treatment of Mucormycosis including administration of Amphotericin injection is free of cost and the entire cost will be borne by the State Government in public hospitals

https://wp.me/pcenps-139x

NLSIU | Institutions of Eminence status

Kar HC | NLSIU is free to make an application seeking declaration as ‘Institutions of Eminence Deemed to be Universities’ under UGC in terms of UGC Regulations, 2017

https://wp.me/pcenps-12Pi

Common Charge-Sheet

Kar HC | IO filed common charge-sheet for various crimes registered in different Police Stations; Amalgamation of final reports in respect of different FIRs held to be impermissible

https://wp.me/pcenps-12XZ

Medical Treatment

Kar HC | Persons with disabilities are entitled to priority in medical treatment in light of S. 25 of Rights of Persons with Disabilities Act, 2016

https://wp.me/pcenps-12TH

Right to Marry a Minor

Kar HC | Merely because second marriage is permissible in Mohammedan law it does not mean that right to marry a minor girl accrues; Bail denied inspite victim gave ‘no objection’

https://wp.me/pcenps-1341

Default Bail

Kar HC | ‘Default bail’ granted under S. 167 (2) CrPC in case of non-compliance of notice under S. 43-D of UAPA

https://wp.me/pcenps-132E

All India AYUSH – Post Graduate Entrance Test

Kar HC | Students admitted to the academic year 2017-18 permitted to continue and complete their respective Post Graduate courses in Ayurveda

https://wp.me/pcenps-138r


Kerala High Court

COVID-19

  • Ker HC | Read why HC granted pre-arrest bail to the police officer accused of manhandling a doctor

https://wp.me/pcenps-1390

  • Ker HC | Homeopathy doctors can prescribe adjuvant medicine for Covid-19; HC upholds right to practice of Homeopathic practitioners

https://wp.me/pcenps-12Uy

GST

Ker HC | GST on petrol and diesel; HC seeks Centre’s take on inclusion of petrol and diesel under the GST regime

https://wp.me/pcenps-138t

Mid-Day Meal

Ker HC | Dairy farm shutdown and exclusion of chicken/meat from Mid-day Meal; HC stays two controversial orders of Lakshadweep Administration

https://wp.me/pcenps-136A

Lakshadweep Regulations

  • Ker HC | Draft stipulations are premature, cannot be assailed through PIL

https://wp.me/pcenps-132C

  • Ker HC | Government should be eager to consider public suggestion; HC grants liberty to raise objections/suggestions even after expiry of outer time limit

https://wp.me/pcenps-12Rs

  • Ker HC | “Protestors shall not be deprived of access to justice”; HC directs release of detained Lakshadweep protestors

https://wp.me/pcenps-12P4

Plea of Guilt

Ker HC | A monosyllabic “yes” does not amount to plea of guilty; HC issues detailed guidelines to be followed before convicting on plea of guilt

https://wp.me/pcenps-131W

Triple Murder

Ker HC | Nature of offence ought to have cautioned the Investigating Officer to subject her to psychiatric evaluation; HC extends benefit of doubt to woman accused of triple murder

https://wp.me/pcenps-12ZV

Corruption

Ker HC | Complaint cannot be entertained in corruption cases where the FIR based on the same facts has already been quashed on merit

https://wp.me/pcenps-12Z6

Campaigns and Protests

Ker HC | Footpaths are not for campaigns and protests; HC asks State to explain steps taken to avoid encroachment of pedestrians’ right to footpath

https://wp.me/pcenps-12Xp

Cruelty

Ker HC | Malevolent intention is not essential to cruelty; HC grants divorce on the ground of cruelty for making false allegation of impotency

https://wp.me/pcenps-12Sl

Scholarship

Ker HC | Can State sub-classify minority communities for extending scholarship benefits? HC holds scheme of granting 80% minority scholarship to Muslims cannot legally sustain

https://wp.me/pcenps-12N9

OBC-NCL Certificate

Rejection of candidature for belated submission of OBC-NCL certificate illegal; Kerala HC directs to reconsider candidature of woman who failed to submit certificate on time due to pregnancy

https://wp.me/pcenps-12TF


Madras High Court

Dissolution of Marriage

Madras HC | 12 long years of proceedings, but no appearance of wife. Assault on husband’s vital body part, not denied. Can her appeal against dissolution of marriage be still accepted? Read on

https://wp.me/pcenps-12Om

Defamation

Toon Controversy | Cartoonist wanting to express anger, cannot be construed as defamation: Madras HC quashes criminal case against cartoonist, says cannot teach ethics to people

https://wp.me/pcenps-12T8

Domestic Violence Act

Proceedings under Domestic Violence Act, whether criminal or civil, will challenge to them be maintainable under Art. 227 of Constitution? Madras HC answers

https://wp.me/pcenps-12Y4

LGBTQIA+

Madras HC Judge “removes Lordship’s hat” for framing guidelines for proper recognition of LGBTQIA+ rights, acknowledges “gurus” for pulling him out of darkness of ignorance: Read detailed case report

https://wp.me/pcenps-12TA

Motor Accident Claim

Madras HC | In motor accident claims, can tribunal deduct certain percentage from compensation because rider had a learner’s license? Court answers

https://wp.me/pcenps-1325

Child Pornography 

Viewing ‘Child Pornography’ is an offence? Is there a distinction between a one-time consumer of ‘child pornography’ and someone who distributes and transmits it on a digital domain? Imperative Decision

https://wp.me/pcenps-131O

Advocates

  • Madras HC | Is there any mechanism to take action against members of legal fraternity for their misbehaviour with officials on duty? Bar council of Tamil Nadu to respond

https://wp.me/pcenps-130U

  • Significance of ‘suo motu’ action under S. 35 of Advocates Act | Synoptic report of Madras HC decision on power and mechanism of Bar Council to take action against erring Advocates

https://wp.me/pcenps-133H

Contempt of Court 

Madras HC | Sons turning turtle after giving undertaking to vacate their father’s premises is Contempt of Court: Read synopsis of Court’s opinion

https://wp.me/pcenps-130Q


Madhya Pradesh High Court

Sensitivity of Judges

MP HC | Judge ought to have seen the sensitivity of the matter; Strict compliance of S. 309 of CrPC directed to Trial Courts

https://wp.me/pcenps-139e

Bail

MP HC | Bail denied to juvenile in Rape Case; Court questions lawmakers conscience, How many more Nirbhayas’ sacrifice would be required?

https://wp.me/pcenps-1396

Advocates

MP HC | Whether Advocates who appear on behalf of agencies like CBI, ED etc. before HC and lower Courts, appointed by process of consultation with HC, in terms of S. 24(1) and 24(4) of CrPC? Court seeks clarification from State

https://wp.me/pcenps-136o

Unlawful Detention

MP HC | Police comes up with the argument that the CCTV cameras are dysfunctional in order to cover up instances of unlawful detention; Court demands explanations

https://wp.me/pcenps-132k

Doctors

Striking doctors have completely forgotten the solemn oath taken by them; MP HC declares strike illegal

https://wp.me/pcenps-12SL


Meghalaya High Court

COVID-19 Vaccination

Megh HC | Whether vaccination can at all be made mandatory and whether such mandatory action can adversely affect the right of a citizen to earn his/her livelihood? Court answers

https://wp.me/pcenps-137x


Orissa High Court

Public Servant

Can writ under Art. 226 of Constitution be enforced if any duty or obligation falling upon a public servant out of a contract entered into by him as such public servant? Orissa HC discusses

https://wp.me/pcenps-12Oz

Disputes Questions of Facts

Ori HC | Where disputed questions of facts are involved, a petition under Art. 226 of Constitution is not a proper remedy; Leading of evidence and examination and cross-examination of witnesses required

https://wp.me/pcenps-12Ou

Affidavit

Ori HC | Is the common practice of advocate’s clerk swearing an affidavit permissible in law? Is there an exception, if yes, upto what extent?

https://wp.me/pcenps-1347

Anticipatory Bail

Ori HC | Anticipatory bail rejected due to petitioner being a journalist/influential person having political connections; Offence being economic offence, custodial interrogation demanded

https://wp.me/pcenps-133n

Rule of Attribution

Do “rule of attribution” which is relevant to the functioning of a limited company be applied in the case of organizational structure like Railways? Orissa HC answers

https://wp.me/pcenps-12Yc

Rights of a Lessee

Ori HC | Rights of a lessee in a Khasmahal land are similar to those of owner of a private land; Interest in such land is both hereditary and transferable

https://wp.me/pcenps-12TP

Promotion 

Ori HC | An officer who substantially holds a lower post merely to discharge the duties of a higher post cannot be treated as a promotion; Only eligible for a ‘charge allowance’

https://wp.me/pcenps-12SV

Decongest Prisons

Decongest prisons, upgrade other State buildings to meet prison requirements; Orissa HC asks for a detailed plan from State

https://wp.me/pcenps-12Pu


Patna High Court

Sensitization of Judicial Officers

Pat HC | Sensitize judicial officers towards Child rights; HC urges Chief Justice

https://wp.me/pcenps-12Z1

Appointment of Doctors

Pat HC | “Health Department is severely deficient in terms of manpower”; HC directs State to be flexible regarding maximum age limit of 37 years in appointing doctors

https://wp.me/pcenps-1349

COVID-19

Pat HC | We are not just fighting a pandemic; we are fighting an infodemic; HC slams Bihar government over reluctance to put credible stats of Covid deaths in public domain

https://wp.me/pcenps-1337


Punjab and Haryana High Court

Live-in Relationship

P&H HC | Inaction to legitimately end matrimonial alliance from wife before entering into live-in-relationship is incongruous

https://wp.me/pcenps-1344

Police Encounter

P&H HC | Dead body kept at home for 9 days due to rejection by family to cremate; HC directs second post-mortem in gangster Jai Pal Bhullar’s alleged police encounter after SC’s intervention

https://wp.me/pcenps-1366

Legal Guardian

P&H HC | Husband is legal guardian of his minor Hindu wife; HC quashes kidnapping case against husband

https://wp.me/pcenps-12TK

Custody

P&H HC | Extra-marital affair cannot lead to conclusion that woman would not be a good mother; HC grants custody of 4-year-old to the mother

https://wp.me/pcenps-12PO

Divorce

P&H HC | 6 months wait is uncalled for; HC waives 6 months’ requirement, grants divorce to couple entrapped in an irretrievably broken marriage

https://wp.me/pcenps-12T1

COVID-19

  • P&H HC | “Extreme technicality highly deplorable”; HC holds denial of permission to import ventilators is against interest of the patients

https://wp.me/pcenps-12Oe

  • P&H HC | Set Uniform rates for RAT and RT-PCR tests in Punjab, Haryana and Chandigarh; HC directs States

https://wp.me/pcenps-12Nd


Sikkim High Court

Judicial Services

Sikk HC | ‘Honourable acquittal’, ‘acquittal giving benefit of doubt’ raises and rests presumption-Difference demerits a candidate of merit |  No room for error in judicial services

https://wp.me/pcenps-132q


Telangana High Court

Section 498-A IPC

Tel HC | Can cousin of a husband who was accused of offence under S. 498-A IPC be also roped in on grounds of instigating and supporting husband? Read on

https://wp.me/pcenps-12WS


Tripura High Court

COVID-19

Tri HC | Disproportionate distribution of vaccines in age group where there is a severe shortage, needs to be addressed by the State

https://wp.me/pcenps-12SX


Uttaranchal High Court

COVID-19

Utt HC | Covid 19 infection, vaccination and precautions in the prisons; Court issues directions, forms committee

https://wp.me/pcenps-132h

Join the discussion

Your email address will not be published.

This site uses Akismet to reduce spam. Learn how your comment data is processed.