High Courts Monthly Round-Up: July, 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 July 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 July updates of 2021!


Allahabad High Court

Virtual Hearings

Advocate addressing Court while riding a scooter: Allahabad HC declines to hear the matter.

https://bit.ly/3zVkkIo

Section 138 NI Act

All HC reiterates scope of inherent powers to quash a S. 138 NI Act complaint. Imposes exemplary costs for filing petition as an after thought

https://bit.ly/3j4mApT

Gangs | Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986

All HC | What are the conditions to constitute a “Gang”? Are the two parts of definition mutually exclusive? Read HC’s opinion

https://bit.ly/3j3YMT6

Murder

Man murdered wife and 4 minor daughters and burned them. Will this case fall under rarest of rare category? Allahabad HC decides

https://bit.ly/3j5Qr18

Defamation

All HC | Onus of proving ingredients under the First Exception, S. 499 IPC is on the accused; Defence being a question of fact cannot be claimed at the stage of issuance of summons

https://bit.ly/2Vo62B2


Andhra Pradesh High Court

Section 498-A of Penal Code, 1860

AP HC | Is girlfriend or concubine a “relative” of husband, liable to be prosecuted for cruelty under S. 498-A IPC? Court decides

https://www.scconline.com/blog/post/2021/07/20/cruelty-5/


Bombay High Court

Adoption

Whether adoption can be restricted only to children in conflict with law, or in need of care and protection, or who are orphaned, abandoned or surrendered under provisions of JJ Act and Adoption Regulations? Elaborate report

https://bit.ly/2UZjg7z

Right to Property

Right to Property under Art. 300 A – A Human and Constitutional Right? Court decides in a dispute of construction of National Highway [Land Owners v. State]

https://bit.ly/3fbXN1J

Cooling Period under Hindu marriage Act

Is the 6 months period stipulated under S. 13-B(2) of Hindu Marriage Act mandatory or relaxation in exceptional situations is permitted? Read on

https://bit.ly/3j7rUsv

Bribe | Prevention of Corruption Act

Mere recovery of tainted money without sufficient evidence to prove payment of bribe or to show voluntary receipt of money. Can accused be convicted under Prevention of Corruption Act? Read on

https://bit.ly/3zUZ857

Homebuyers & Builders

Builders taking flat purchasers for a ride, taking money but not delivering flats: Court asks builders to prove they are paupers, show standard of living bears out the same

https://bit.ly/2UZeuH9

Cheating

For the offence of cheating under Penal Code, 1860, is intention of cheating important from inception? Read on

https://bit.ly/2WtHZ3Z

Departmental Enquiry

Departmental enquiry and criminal proceedings can go on simultaneously: Court refuses to quash departmental enquiry

https://bit.ly/3zST8K7


Calcutta High Court

Senior Citizens’

Children living in parents’ house are at best licensees: Cal HC says senior citizens’ exclusive residentiary rights to be viewed from prism of Art. 21

https://bit.ly/3yfEbkN

Bengal Post Poll Violence

NHRC submits final report; Arguments to begin from 22-07-2021

https://bit.ly/3BYOgVM

There is more to conceal than to reveal, NHRC flooded with complaints when State claimed otherwise; Court issues directions

https://bit.ly/2VmMjkY


Chhattisgarh High Court

Bail

Right of default bail under S. 167(2) CrPC cannot be defeated by subsequent filing of charge-sheet on same day

https://bit.ly/2TIL67a

Undertrial Prisoners

Undertrial prisoners facing trial under PCA/PMLA, cases investigated by CBI/ED/NIA/ SFIO etc. are not entitled to be released

https://bit.ly/3fdzNva

Hindu Succession Act

When can a property be said to be “possessed” by a Hindu female as provided in S. 14(1) of  Hindu Succession Act? Court answers

https://bit.ly/3ld3j8b


Delhi High Court

Trademark Disputes

Are trademark disputes arbitrable? Court interprets S. 8 of Arbitration Act; differentiates between rights emanating from Trademark Act and Trademark Agreement

https://bit.ly/3xjWiVr

Justice

Justice to which mercy is alien is no justice at all: HIV + BSF Personnel granted relief on his transfer order || HC deals with a notable situation

https://bit.ly/378EFO3

Stray Dogs

Stray Dogs have right to food and citizens have right to feed | Indispensable 22 Guidelines on Feeding of Stray Dogs [Momentous Ruling]

https://bit.ly/3lhcynY

Domain Infringement

Domain Name infringement | Case of identical registered domain names: Delhi HC grants interim injunction in favour of Tatas

https://bit.ly/2Vbv3PX

Arbitral Award

Ambiguity in contractually stipulated obligations favours whom? Court discusses while refusing interference in arbitral award

https://bit.ly/3C37Zn2

Chief Minister’s Advocates Welfare Scheme

CM Advocates Welfare Scheme: Only for the Advocates enrolled with Voter ID of Delhi? HC enumerates significance of Place of Practice v. Place of Residence

https://bit.ly/2VqKEew

Whether a Chief Minister’s promise to its citizens is enforceable? Succinct report in light of Delhi CM’s ‘Promise’ | Highlight on Doctrines of Promissory Estoppel & Legitimate Expectations

https://bit.ly/3zZq83z

Grant of Probate

Under S. 263 of Succession Act, can a person approach High Court for grant of probate or letter of administration or revocation or annulment? HC addresses the issue

https://bit.ly/3id22w0

Contract Act

Can ‘Pawnor’ under Ss. 172/176 of Contract Act be made liable for repayment of entire debt, in absence of any guarantee being furnished? Succinct Report

https://bit.ly/3rJZJnm

Does Exception 3 to S. 28 of Contract Act deal with claim period within which beneficiary is entitled to lodge claim? Court discusses

https://bit.ly/3j7wbMz

Bail

Does a provision after being declared unconstitutional, gets repealed or wiped out from statute book? HC answers

https://bit.ly/3fipZQC

Hindu Marriage Act

Can members of Scheduled Tribes following Hindu customs claim to be kept out of purview of HMA? HC answers; highlights need for Uniform Civil Code

https://bit.ly/3lgKb9C

AYUSH teachers

De-certification of AYUSH teachers; HC sets aside CCIM’s order de-certifying “Teacher Code” of practitioners for working outside their State of registration

https://bit.ly/3yikEQK


Gauhati High Court

COVID-19 Vaccination

Priority vaccination for persons with disabilities; HC issues directives to Arunachal Pradesh Government

https://bit.ly/3xg7ouX

In case they get infected, they will become spreaders; HC directs Nagaland to ramp up vaccination for health workers, Shopkeepers and vegetable vendors

https://bit.ly/3xpWGSJ

“Not based on intelligible differentia”; HC stays Arunachal Pradesh’s order discriminating between vaccinated and non-vaccinated persons

https://bit.ly/3BX7g6Z

Sedition

Is using of National Flag as a table cloth Sedition? HC grants bail to the woman accused of willfully dishonouring the National Flag

https://bit.ly/3iexTN5

Custody of Teenage Rape Victim

Not in interest of the child; HC stays Sessions Court’s order granting custody of teenage rape victim to relatives of accused

https://bit.ly/3BZE7rH

Essential Services

“Reopen Anganwadi centers”; HC directs Nagaland government to ensure availability of essential services to the lactating mothers and children

https://bit.ly/3ymnJQ8


Gujarat High Court

Bail

Bail granted to doctor alleged to be shielding main accused in suicide case by issuing death certificate without post mortem

https://bit.ly/3idLSCE

Last Rites as per Religious Practice

Even FR’s are subject to public order, morality and health; Court dismisses petition, Parsees denied permission to perform last rites as per religious practice

https://bit.ly/2WErrXg

Transfer of Winding-up proceedings

Court directs transfer of winding-up proceedings to NCLT; scattering litigation to various forums leads to multiplicity, abuse of process of law

https://bit.ly/3ygxm2F


Himachal Pradesh High Court

Bail

Petitioner who is a pimp cannot claim bail on ground of parity citing judgments where bail was granted subject to its peculiar facts

https://bit.ly/3rJZTLn


Jharkhand High Court

Rath Yatra

Permission for Rath Yatra Puja in the month of July in Jharkhand sought; Directed to take its own decision in view of SC ruling

https://bit.ly/3leYuLG

Section 497 of Penal Code, 1860

Is the law laid down by the Supreme Court applicable prospectively? Will adultery committed prior to Joseph Shine decision attract conviction when the offence has been declared unconstitutional pre-conviction?

https://bit.ly/3fhGtZn

Economically Weaker Section

10 % EWS reservation; Can it be invoked retrospectively? HC clarifies

https://bit.ly/3fh3Thp

Dead Body Management

Family members permitted to perform religious rituals and last rites according to Covid-19 Guidelines on Dead Body Management but cannot dispose the dead body by themselves

https://bit.ly/3zR15Q7


Jammu and Kashmir High Court

Indecent Assault and Attempt to Rape

Is taking off trousers of victim as well as taking off one’s own trousers an attempt to rape? HC clarifies distinction between indecent assault and attempt to rape

https://bit.ly/378zZYb


Karnataka High Court

Domestic Violence Act

Persons only in ‘domestic relationship’ as per S. 2 of Domestic Violence Act, 2005 can be made as respondent under S. 12 of DV Act

https://bit.ly/3j4eVrz

Preventive Detention

Non-consideration of representation at the earliest opportunity could lead to release of detenu; Guidelines/Directions issued

https://bit.ly/3yfmzFV

Compassionate Appointment

“What sauce is good for the goose is good for the gander”; State under mandatory obligation for immediate consideration of compassionate appointment applications

https://bit.ly/3rIkuQe

Sexual Harassment

A Mangalore University professor being accused of sexual harassment by a student; Court observes “He that takes the procedural sword shall perish with that sword”

https://bit.ly/2Vg43yx


Kerala High Court

Cruelty

Does false accusation of unchastity amount to cruelty? Can it be the ground for divorce? HC answers

https://bit.ly/3ymqwsA

Lakshadweep Administration’s Notice

Demolition of Traditional Coastal Communities’ dwellings; HC stays impugned notice of Lakshadweep Administration

https://bit.ly/3lfeNrP

Internships for Law Students

Relax 20 weeks internship requirement for final year Law students; HC directs Government Law College of Ernakulam

https://bit.ly/3ieqpcL

Animal Welfare

In re: Bruno; HC steps forward as the flag bearer of Animal rights. Directions issued to State to adopt proactive approach towards animal welfare

https://bit.ly/3ltPeUj

In Re: Bruno; HC condemns instructions to keep pets in chains and kennels. Directs State to ensure mandatory registration/licence for pet adoption

https://bit.ly/3C42EfA

Bail

Harassment, abuse and torture of wife within seven months of marriage; HC denies anticipatory bail to doctor

https://bit.ly/3zVvr44

Section 427 of Criminal Procedure Code, 1973

60-year-old convict released after serving 15 years in prison; HC exercises special power under S. 427 CrPC noticing more than 18 years imprisonment would have to be served if sentence don’t run concurrently

https://bit.ly/3C1cChp

Destruction of Crops

Declare wild boars as vermin; HC allows farmers to hunt wild boars to prevent destruction of agricultural lands

https://bit.ly/3fg13sZ

Termination of Pregnancy

On what grounds can pregnancy of a mentally unsound woman be terminated? Is consent of women indispensable? HC answers

https://bit.ly/37bFJ3K

Minority Status of Muslims and Christians

Re-consideration of Minority status of Muslims and Christians; HC rejects plea stating a few people being rich does not determine advancement of whole community

https://bit.ly/3fb6b1J


Madras High Court

 Section 138 of Negotiable Instruments Act

Cheque returned with endorsement “drawers signature differs”. If complainant fails to prove accused was not stranger, can he still be prosecuted under S. 138 NI Act? Court answers

https://bit.ly/3zVwjWo

COVID-19

A person can be a silent carrier of COVID-19 on not taking vaccine: Can Right to Refuse Vaccine in such circumstances be exercised? Read HC’s opinion

https://bit.ly/3C0WJaT

Online Games

Ban Online Games or not? Read HC’s opinion on not entering into such matters. Is it a policy matter? [Detailed Report]

https://bit.ly/2TIQQ0I

Plea of Public Interest

Is writ petition maintainable against Asset Reconstruction Co. which is assigned debts by nationalised banks? Is there element of public duty and obligation to follow RBI Circulars? HC decides

https://bit.ly/3rLjieZ

General Admission of Facts

When can decree on admission be passed? Madras HC explains how general admission of facts v. admission of claim, makes difference

https://bit.ly/3lgS5ji

LGBTQIA+

Police protection for a member of LGBTQIA+ Community on having apprehensions of honour killing on receiving threats from family

https://bit.ly/3xeJFLE

Right to Forfeit

Does a forfeiture clause imply that the entire deposit amount can be forfeited? Madras HC elaborates

https://bit.ly/3lgqFtO

Sexual Assault

Schools to keep a complaint box to make victims complain about sexual assault freely

https://bit.ly/3ff3c8t

Defamation

Will procedure laid down under S. 199(2) CrPC for defamation apply on a defamatory statement made in personal nature? HC explains

https://bit.ly/3ygAZpj


Manipur High Court

COVID-19

State cannot seek to impose conditions upon citizens so as to compel them to get vaccinated; Courts holds restraining the non-vaccinated people illegal

https://bit.ly/2ValBMT


Meghalaya High Court

Cutting/Felling of Trees

Cutting of trees/ considerable heritage for expansion of road project; Court constitutes High Powered Committee

https://bit.ly/37qayBT


Madhya Pradesh High Court

Rape

Rape accused of live-in partner granted anticipatory bail; Court directs “shall not move in the vicinity of prosecutrix”

https://bit.ly/2TNp2Ze

Strike by Nurses

Court declares strike by  nurses in State as illegal; demand for not taking any disciplinary action for the period of absence considered

https://bit.ly/3rLk6Ax

NEET-PG 2020

Disproportionate distribution of increased PG Medical seats in Clinical and Non-Clinical subjects; Court examines

https://bit.ly/3lhnceq


Orissa High Court

Bail

Bail granted to a man who portrayed former CJI as Naxalite and Christian Terrorist as he refused permission for Rath Yatra last year

https://bit.ly/3j4dERq

COVID-19

Ori HC issues notice to State to file an affidavit regarding a delay in sample collection due to suspension of public transport and inadequacy in other services

https://bit.ly/3ljFtaW

Justice A.B.S. Naidu, former District Judge appointed as Inquiry Officer regarding Covid-19 Mismanagement at VIMSAR

https://bit.ly/3C10ehx

Leprosy Patients

PIL filed for effective treatment and eradication of leprosy from the State; SC directions reiterated and new directions laid for State

https://bit.ly/3BYNbx6

Overcrowding of Jails

Orissa HC looks into the issue of overcrowding of jails; asks IG Prison for report; Reprimanded ad hoc measures and rather asked for a long term plan

https://bit.ly/2TQk4ek


Patna High Court

Attempt to Murder

11 acquitted on the very same evidence which lead to conviction of prime accused; HC reverses Sessions Court order in an attempt to murder case

https://bit.ly/3lfjF05


Punjab and Haryana High Court

Sodomy

“Nightmarish and traumatic”; HC denies bail in a case of sodomy committed to an 8-year-old child

https://bit.ly/3j5JoW3

Elderly Parents

Maintaining elderly parents is not only a value based principle but a bounden duty under Maintenance and Welfare of Parents Act

https://bit.ly/3C3j4Va

Liquor Scam

Spurious liquor Scam; HC denies bail to the person behind Hooch tragedy which lead to number of persons dying or losing their eye-sight due to consuming illicit poisonous liquor

https://bit.ly/3ymtFso

Farmer’s Protest

Person terminated from service due to alleged participation in farmer’s protest in New Delhi; HC directs State to maintain status quo

https://bit.ly/3zSVLvx

CBI Proceeding

Panchkula Plot Allotment case; HC stays CBI proceeding against former CM of Haryana-Bhupinder Singh Hooda

https://bit.ly/3yirxBA


Rajasthan High Court

Policy Decision

Declaration of journalist as front line health workers a ‘policy decision’; Court dismisses appeal

https://bit.ly/37diWnS

COVID-19 Vaccine

Court dismisses PIL seeking ascertainment regarding vaccine being covered by any patent or issuance of compulsory license under S. 92 Patents Act

https://bit.ly/3zPll4o

Article 21 of the Constitution of India

Society cannot determine how individuals live their lives; Police protection granted to a ‘major’ couple residing together

https://bit.ly/3idRYTy

Right of Hearing

Is Juvenile Justice Act totally foreign to the concept of “right of hearing” given to the complainant/CICL in bail applications? Court examines

https://bit.ly/3zUzspo

Compassionate Appointment

Denial of compassionate appointment on fathering third child? Court analyzes Rules of Rajasthan Compassionate Appointment of Dependents of Deceased Government Servant

https://bit.ly/3lgo1nG

Parole

Prominent sign board to be installed at the entries of all Central Jails in the State displaying in Hindi Rule 10 of the Rajasthan Prisoners Release on Parole Rules, 2021

https://bit.ly/3lfOB0j

Other

Whether third child born on account of failure of ligation operation a reason to deny grant ACP by a blanket order? Court answers

https://bit.ly/3lgv1Ba


Sikkim High Court

Lok Adalat

Can Award of the Lok Adalat be assailed by way of a petition under Arts. 226 and/or 227 of Constitution? Court answers

https://bit.ly/37qcM4d

Sexual Harassment of Women at Workplace 

Open for Executive Authority to decide the scope of the term ‘workplace’

https://bit.ly/3j97waw

Extraction of Groundwater

Permissions being granted of extraction of the groundwater even during pendency of PIL; Court lambasts authorities

https://bit.ly/3if57Mg

Shelter Homes

Take stock of situation in shelter homes, observation homes etc; Court directs State to get them insulated

https://bit.ly/2WvRjV2


Tripura High Court

Abetment to Suicide

SIT probe ordered in Abetment of suicide circumstances; Court takes suo motu cognizance

https://bit.ly/3zM4lw6


Uttaranchal High Court

COVID-19

Great influx of tourists, social distancing not being maintained, SOP not complied with; Court directs State to review decision of relaxing lockdown, control the inflow of tourists

https://bit.ly/3lgytf6

Char Dham Yatra banned until decision by Supreme Court; Court checks and double checks arrangements by the State amidst approaching third wave

https://bit.ly/3rK9pyc

Civil and Fundamental Rights

Civil and Fundamental Rights of petitioner not affected hence no locus standi; Court dismisses petition

https://bit.ly/2WwtDjk

Dishonour of Cheque

Is it mandatory to arraign firm as accused to make partner liable for dishonor of cheque under Ss. 138/141 of NI Act? HC explains

https://bit.ly/2VndKeq

Deprivation of Salary

Deprivation of salary violative of Arts. 21, 23 and 300-A of the Constitution; Court directs Transport Corporation to disburse salaries

https://bit.ly/3rRvBGH

Custodial Death

Fair investigation and fair trial are necessary ingredients of right to life; Court orders transfer in the case of custodial death to CBI

https://bit.ly/3yjZpyi

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