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.


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


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



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



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


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


Bombay High Court


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


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]


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


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


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



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


Departmental Enquiry

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


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


Bengal Post Poll Violence

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


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


Chhattisgarh High Court


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


Undertrial Prisoners

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


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


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



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


Stray Dogs

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


Domain Infringement

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


Arbitral Award

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


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


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


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


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


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



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


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


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


Gauhati High Court

COVID-19 Vaccination

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


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


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



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


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


Essential Services

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


Gujarat High Court


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


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


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


Himachal Pradesh High Court


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


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


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?


Economically Weaker Section

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


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


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


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


Preventive Detention

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


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


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”


Kerala High Court


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


Lakshadweep Administration’s Notice

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


Internships for Law Students

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


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


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



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


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


Destruction of Crops

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


Termination of Pregnancy

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


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


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



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


Online Games

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


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


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



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


Right to Forfeit

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


Sexual Assault

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



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


Manipur High Court


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


Meghalaya High Court

Cutting/Felling of Trees

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


Madhya Pradesh High Court


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


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


NEET-PG 2020

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


Orissa High Court


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



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


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


Leprosy Patients

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


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


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


Punjab and Haryana High Court


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


Elderly Parents

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


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


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


CBI Proceeding

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


Rajasthan High Court

Policy Decision

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


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


Article 21 of the Constitution of India

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


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


Compassionate Appointment

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



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



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


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


Sexual Harassment of Women at Workplace 

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


Extraction of Groundwater

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


Shelter Homes

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


Tripura High Court

Abetment to Suicide

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


Uttaranchal High Court


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


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


Civil and Fundamental Rights

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


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


Deprivation of Salary

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


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


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