Here’s a short recap of what we covered under the High Court’s section on the SCC Online Blog for the month of August 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 August updates of 2021!
Allahabad High Court
- Brutal and Heinous Double Murder Case of Wife & Daughter || Criminal Conspiracy, generally hatched in secrecy [All HC’s critical ruling]
High Court noted the fact that it was a brutal and heinous double murder case, in which a helpless mother, who blindly trusted upon the co-accused, Shamshad and living with him for the last 5 years and her little daughter had been flagitiously killed and their dead bodies had been hid by the co-accused Shamshad with the help of his brother-in-law in the floor of the room.
Read more here: https://bit.ly/3mNE5hB
Negotiable Instruments Act
- For offence of dishonour of cheques, what needs to be given priority – Compensatory aspect or Punitive aspect?
Merely because the litigation has reached a revisional stage or that even beyond that stage, the nature and character of the offence would not change automatically and it would be wrong to hold that a revisional stage, the nature of offence punishable under Section 138 NI Act should be treated as if the same is falling under table-II of Section 320 IPC.
Read more here: https://bit.ly/3t9hihu
Writ of Habeas Corpus
- “Writ of habeas corpus is a festinum remedium”; All HC rejected issuance of writ at the behest of a husband to regain his wife as no prima facie case of unlawful detention is made out
“…the exercise of the extraordinary jurisdiction for issuance of a writ of habeas corpus would be dependent on the jurisdictional fact where the applicant establishes a prima facie case that the detention is unlawful.”
Read more here: https://bit.ly/3BtEBoY
- “Little girls are worshipped in our country, but cases of pedophilia are increasing”: HC says it’s time to strictly stop this kind of crime
The victim/female small child experience sexual abuse once tend to be more vulnerable to abuse in adult life. Healing is slow and systematic. In such a situation, if the right decision is not taken from the Court at the right time, then the trust of a victim/common man will not be left in the judicial system. This is the time to strictly stop this kind of crime.
Read more here: https://bit.ly/3Dythd5
- Minor girl raped and entire family was asked to convert their religion; Bail rejected
“…considering the seriousness of the matter and minor daughter was raped and entire family was asked to convert their religion…”
Read more here: https://bit.ly/3gQ2IX5
Bombay High Court
Opportunity of Hearing
- Denial of urgent hearing by DRT: Court says opportunity of hearing is integral part of constitutional philosophy well embedded in Arts. 14 and 21
“…opportunity of hearing is an integral part of our constitutional philosophy and it is well embedded in Articles 14 and 21 of the Constitution of India.”
Read more here: https://bit.ly/38pBOk7
Right to Education Act
- Can minority educational institution refuse admission to autistic child contravening statutory direction given before grant of minority status? Court answers
The disobedience of the directives issued by the Education Department cannot be condoned by obtaining certificate as minority education institution subsequently.
Read more here: https://bit.ly/2V2jT01
Principle of Double Jeopardy
- Do principles laid under S. 300 CrPC and principle of double jeopardy under Art. 20(2) of Constitution differ? Explained
Bombay High Court while setting aside an impugned order explained the slight difference between principles laid down under Section 300 of the Criminal Procedure Code, 1973 from the principle of double jeopardy under Article 20 (2) of the Constitution of India.
Read more here: https://bit.ly/3mJGzxv
- Does a Registering Officer has right to decide whether person presenting document for registration has marketable title or not? Court answers
It is well settled that when a property is sold by public auction, in pursuance of an order of the Court and the sale is confirmed by the Court in favour of the purchaser, the said becomes absolute and the title vests in the purchaser. A sale certificate is issued to the purchaser only when the sale becomes absolute.
Read more here: https://bit.ly/3sZ1yxs
Domestic Violence Act
- Concept of ‘continuing offences’ & limitation under Domestic Violence Act: Explained
“…concept of continuing cause of action and continuing offence needs to be appreciated from the point of view of the aggrieved person i.e. wife.”
Read more here: https://bit.ly/3gQ7eF1
Income Tax Act
- When is the intimation for setting off of refunds against tax remaining payable under S. 245, Income Tax Act, be given? Bom HC answers
“…intimation is to be given prior to the officer sets off the amount payable against the amount to be refunded. It can be neither simultaneous nor subsequent.”
Read more here: https://bit.ly/2WD0N16
- What is legitimate scope of a court reporter? When does a court reporter crosses line? Bom HC lays down
“…with modern communications technology, the nature of reporting — often from the well of the Court itself — has radically changed: we often now see updates going out every few minutes on digital media.”
“…a fleeting impression by a journalist of the value of evidence is entirely beyond his or her legitimate scope. Such a journalistic pronouncement becomes unacceptable when it is conveyed to the reading audience or public as something already decided, or about which no other view is possible.”
Read more here: https://bit.ly/3mM8yMS
- If a minor is made to succumb to penetrative sexual assault by various customers and is induced into prostitution, will person responsible for the same be punishable under POCSO Act? HC explains
Even according to the victim, she was lodged in the house of the appellants for a period of about a month and was subjected to sex twice a day.
Read more here: https://bit.ly/3sY9S0o
Outraging Modesty of Woman
- Bom HC on ‘Outraging Modesty of Woman’ | Would throwing love chit on person of a married woman amount to outraging her modesty? Read on
The modesty of a woman is her most precious jewel and there cannot be a straitjacket formula to ascertain whether modesty is outraged.
Read more here: https://bit.ly/3t1krj7
Dishonour of Cheque
- Can mere dishonour of cheque amount to abetment of suicide? Bom HC decides
Mere dishonour of cheque and refusal to pay remaining balance amount involved in the transaction does not amount to abetment to commit suicide.
Read more here: https://bit.ly/3mThWP7
Domestic Violence Act
- Husband marrying second time after grant of divorce. Is it ‘domestic violence’ within DV Act? Decrypted
Section 3 of the D.V. Act defines ‘domestic violence’ in an elaborate manner and it refers to physical abuse, sexual abuse, verbal abuse, emotional abuse and economic abuse. This is in the context of a domestic relation shared between the aggrieved person and respondent.
Read more here: https://bit.ly/3yw4MJU
Parents and Senior Citizens Act
- Under the Parents and Senior Citizens Act, is it necessary to find out whether property belongs to parent exclusively or is a shared household in which daughter-in-law has rights? Bom HC deciphers
The Division Bench of Ujjal Bhuyan and Madhav J. Jamdar, JJ., while explaining the provisions under Maintenance and Welfare of Parents and Senior Citizens Act, 2007 also elaborated upon the concept of shared household and remanded the matter back to the Tribunal for Maintenance and Welfare of Parents and Senior Citizens.
Read more here: https://bit.ly/3kGqBkV
Principle of Equal Pay for Equal Work
- Principle of “Equal Pay for Equal Work” does not operate in vacuum, it is not a fundamental right but a Constitutional goal depending on several factors
The principle “Equal Pay For Equal Work” is not a fundamental right but a constitutional goal and entitlement to parity in Pay Scale would depend on several factors such as educational qualifications, nature of the job, duties to be performed, responsibilities to be discharged and experience.
Read more here: https://bit.ly/2WG50B2
Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021
- ‘People would be starved of liberty of thought if…’: Know why Bom HC partly stayed IT Rules, 2021
People would be starved of the liberty of thought and feel suffocated to exercise their right of freedom of speech and expression, if they are made to live in present times of content regulation on the internet with the Code of Ethics hanging over their head as the Sword of Damocles.
Read more here: https://bit.ly/3gNwN9V
- ‘Judiciary’s dignity cannot be tarnished by irresponsible content’: Bom HC closes contempt case against person uploading contumacious content against Goa District Judiciary on YouTube & WhatsApp
“Court has the duty of protecting the interest of the community in the due administration of justice and, so, it is entrusted with the power to punish for its contempt.”
Read more here: https://bit.ly/3kHnJEE
- Gangubai Kathiawadi | Can an adoptive son file for defamation of deceased mother? Bom HC decodes
“The law on the principle of Torts that an action dies with the person, in a defamation proceedings is required to be appreciated.”
Read more here: https://bit.ly/3BuKmTk
- No decision on divorce petition, yet wife creates matrimonial profile expressing will for second marriage. Can this be a ground for divorce?
“…conduct of the respondent to perform the second marriage and not to lead the life with the appellant is writ large from the fact that she did not apply for restitution of conjugal rights.”
Read more here: https://bit.ly/2YhZ6qF
Calcutta High Court
Bengal Post Poll Violence
- CBI probe ordered in the investigation after NHRC report; Court also constitutes SIT of all IPS officers to install faith of the people in rule of law
During the discussion of the matter the Court clarified major issues in the arguments the first being the, “duration of the post poll violence”, “election commission’s duty on law and order” and the “bias” of the three-member committee as pointed out by the counsel for the respondents.
Read more here: https://bit.ly/3mNBSTj
- Cal HC restrains use of registered mark prominently used in infringer’s otherwise different packaging
In the instant application for infringement and passing off of the petitioners’ registered trademark “GANESH”, it was directed against the respondents who were carrying on a partnership firm in the name of “GANESH DEPARTMENT STORES”.
Read more here: https://bit.ly/3jxLv6y
Chhattisgarh High Court
Human Rights Commission
- Can Human Rights Commission pass an order directing payment of compensation? HC answers in light of instant facts
The petitioner in the instant petition challenges the legality and validity of the order dated 26.10.2009 passed by respondent 3 who have directed the petitioner to make a payment of Rs. 10,000/on account of professional negligence alleged to be committed by him.
Read more here: https://bit.ly/38rINsX
- “Sexual intercourse by husband would not constitute an offence of rape even if it was by force or against her wish”; Can a wife initiate proceedings against her husband for unnatural sex under S. 377 IPC?
“…charge framed under Section 377 of the IPC cannot be said to be erroneous at the stage of framing of charge, especially, in terms of Section 377 of the IPC where dominant intention of the offender is to derive unnatural sexual satisfaction by repeatedly inserting any object in the sex organ of the victim and consequently deriving sexual pleasure, such act would constitute as carnal intercourse against the order of nature and such act would attract the ingredient of offence under Section 377 of the IPC.”
Read more here: https://bit.ly/3yxKaRp
- Can writ court decide whether Nazul property (lease hold lands) be dedicated for waqf? HC observes
“…the writ Courts ordinarily do not decide abstract principles of law. If a proper lis is brought before the Court between the contesting parties on the given set of facts, the competent jurisdictional Court will decide the legal position.”
Read more here: https://bit.ly/2V0ymte
Delhi High Court
Negotiable Instruments Act
- Does a decree automatically follows when a Metropolitan Magistrate take cognizance of an offence under S. 138 NI Act? Read on
Read more here: https://bit.ly/3gQqoe5
Income tax Act
- Issuance of prior show cause notice and draft assessment order under S. 144B (7) of Income Tax Act: Is it a mandatory condition before issuing final assessment order? HC answers
High Court opined that Section 144B (7) of the Income Tax Act, 1961 mandatorily provides for issuance of a prior show cause notice and draft assessment order before issuing the final assessment order.
Read more here: https://bit.ly/38trTu2
Trade Marks Act
- Whether S. 124 of Trade Marks Act provide for stay of action against passing off? Read on
There is no such occasion arising in a suit for passing off. It is only when clever drafting discloses the intent of the plaintiff to get over the statutory bar, being aware of the rectification proceedings commenced against the trade mark that it claims is exclusively it’s own.
Read more here: https://bit.ly/3DxqMru
- Determination of territorial jurisdiction of Court in matters relating to trademark infringement: HC discusses
Considering the nature of business, the prior relationship of the parties, and the business format of establishing franchisees, it cannot be assumed that the Plaintiffs’ allegations are mis-founded or could be construed as false, in absence of any documentary proof.
Read more here: https://bit.ly/3BrQ74f
- Del HC grants interim injunction in favour of DPS Society against Infringement of trademark and crest logo by Delhi Public International School
“Besides, considering that parties are in the field of education, deliberate adoption by the Defendants of impugned trade marks and logo that are deceptively similar and/or identical to the Plaintiff’s registered trade marks/names and logos can cause confusion in the minds of the parents, prospective students and staff desirous of securing admission or availing services, seeing the advertisements, promotional material, admission forms, boards/ hoardings, etc.”
Read more here: https://bit.ly/3gOhAFy
- Proceedings against Subway Systems (India) dropped in anti-profiteering case against franchisee
Bench opined that it is settled law that in order to have the locus standi to invoke the extraordinary jurisdiction under Article 226 of the Constitution of India, the applicant should ordinarily be one who has a personal or individual right in the subject matter of the application.
Read more here: https://bit.ly/3t3KR3V
- Due to employer’s negligence, an employee suffered 100% disability | Read how Del HC emphasises on principle of res ipsa loquitur and strict liability to pronounce decision
Anup Jairam Bhambhani, J., emphasizing the principle of res ipsa loquitur and placing a detailed explanation on the same granted just and fair compensation to a person who was 100% disabled due to an accident at his place of work.
Read more here: https://bit.ly/38qs5ds
- Bail granted to a young mother accused in murder of her tutor with whom she had illicit relationship
Rajnish Bhatnagar, J. granted bail to a young mother of two minor children, who was booked in connection with the murder of her tutor with whom she had an illicit relationship.
Read more here: https://bit.ly/3yy8CCm
- Wife commits suicide after speaking to husband on mobile phone, husband suspicioned to have instigated wife| Read whether Del HC grants bail to husband
Mukta Gupta, J., decided a bail matter wherein the husband suspicioned to have instigated the wife to commit suicide.
Read more here: https://bit.ly/3ysAXtz
- Can a party unilaterally appoint an Arbitrator of their choice? Read on
Suresh Kumar Kait, J., reiterated that no party could be permitted to unilaterally appoint an Arbitrator, as the same would defeat the purpose of unbiased adjudication of the dispute between the parties.
Read more here: https://bit.ly/2V31OyN
- Whether once a bench of SC has doubted correctness of an earlier bench of co-equal strength, and referred the issue to a larger bench, Courts lower in hierarchy should continue to follow earlier decision – Is it debatable?
The question of whether, once a bench of the Supreme Court has doubted the correctness of an earlier bench of co-equal strength, and referred the issue to a larger bench, Courts lower in hierarchy should continue to follow the earlier decision, appears to be debatable.
Read more here: https://bit.ly/3zBGpfk
Domestic Violence Act
- Provisions of DV Act cannot be used as a ploy by son, to either claim a right in his father’s property or continue to retain possession of father’s property, on strength of his wife’s right of residence: Del HC
“…all cases of family disputes cannot be characterised as cases under the DV Act.”
Read more here: https://bit.ly/3kFg9u5
Abetment of Suicide
- Issuing a legal notice and filing a complaint case against someone, would that amount to abetment of suicide? Del HC deciphers
Abetment involves a mental process of instigating a person or intentionally aiding a person in doing of a thing.
Read more here: https://bit.ly/2Yi46vr
- Bank Guarantee: Can these be encashed during their validity period? Read Del HC’s opinion on furnishing of bank guarantees
There is no judicial finding that a Bank Guarantee cannot be encashed during its validity.
Read more here: https://bit.ly/3zwV9Ms
Gauhati High Court
- Both victim and accused are State’s future assets”; HC grants bail to IIT student accused of raping his junior
“Both the informant/victim girl and the accused were the state’s future assets being talented students pursuing technical courses at the I.I.T., Guwahati, who were young in the age group of 19 to 21 years only, the continuation of detention of the accused was not necessary.”
Read more here: https://bit.ly/3kArsnk
Violence against Doctors
- Mere installation of CCTV cameras in hospitals is not enough; HC directs to connect Hospital cameras to the nearest Police Station
The Division Bench comprising of Sudhanshu Dhulia, CJ, and Manash Ranjan Pathak, J., directed to connect CCTV cameras of Hospitals to the nearest Police Station to put a check on increasing instances of violence against medical practitioners amid Covid-19.
Read more here: https://bit.ly/3ywQWXJ
- Opportunity to be heard to be given to the Air Force officer who refused to take the Covid vaccine; Court directs IAF to reconsider the case afresh
Read more here: https://bit.ly/3kG29jN
- Appellate court’s reasoning of non-examination of scribe of Will wrong; Court allows appeal calling it serious error of law
A.P. Thaker, J., allowed a petition which was filed aggrieved and feeling dissatisfied with the judgment and decree of the Appellate Court in the connection for the partition alleging that the properties were of the joint family properties and possession of 1/2 share in the suit property.
Read more here: https://bit.ly/3t3NzX9
- State Authorities cannot be permitted to resort to stringent provisions like detention under PASA; Court allows petition
When the State on the whole and the economy, in particular, is trying to regain the momentum post COVID, such hanging sword situation can not be permitted to continue.
Read more here: https://bit.ly/3h7PSUv
- Distinction between ‘the law and order’ and ‘the public order’ needs to be kept in mind; Court decides in matter of detention under Gujarat Land Grabbing (Prohibition) Act, 2020
If any citizen faces action from the State and if he resorts to the legal remedy available to him, and if the citizen is protected, any attempt to obstruct it, may be viewed very seriously and even the option of initiating proceedings under the Contempt of Court Act, can also be explored. However, the matter here had not reached that far.
Read more here: https://bit.ly/3zzYES6
Himachal Pradesh High Court
- “Bail petition silent about criminal history”; Bail denied due to lack of justification to overcome the rigors of S. 37 of the NDPS Act
Anoop Chitkara, J., dismissed the petition and rejected bail to the accused as he was unable to justify and overcome the rigors under Section 37 NDPS Act.
Read more here: https://bit.ly/2WFBzzi
- Victim of sexual offence cannot have any locus standi to approach Court for quashing FIR registered for the sexual assault alleged
Read more here: https://bit.ly/3zEyhuA
Jammu and Kashmir and Ladakh High Court
First Information Report
- Can FIR containing allegations which set police in motion, be quashed at threshold stage? HC answers
“It is not proper to scuttle away the investigation at its thresh-hold stage, if FIR discloses the commission of offences; High Court should not interfere with the investigation which would amount to stalling the investigation and jurisdiction of statutory authorities to exercise powers in accordance with the provisions of criminal Code.”
Read more here: https://bit.ly/3tgmXCx
- Can Shayara Bano’s judgment be invoked retrospectively to declare triple talaq pronounced before Shayara Bano’s case null and void? HC answers
Sanjeev Kumar, J., held that the judgment of Shayara Bano v. Union of India,(2017) 9 SCC 1has retrospective application and can be invoked to declare triple talaq pronounced before Shayara Bano’s judgment null and void.
Read more here: https://bit.ly/3yB079z
Karnataka High Court
- Kar HC takes up suo motu cognizance over incident of Monkey Deaths; Art. 21 protects ‘animal life’ which is necessary for human life
The Court took up suo moto cognizance of large number of monkey deaths on the roadside in Belur Taluk of Hassan District on Wednesday night after 15 alive monkeys who were put in a large bag were found as per news reports published in the leading newspapers – Deccan Herald, Indian Express, Times of India, Prajavani, etc.
Read more here: https://bit.ly/2WE0mUb
Amazon – Flipkart
- Kar HC dismisses prayer that sought to restrain CCI from investigating into deep discounting practices and biased treatment of select sellers
Read more here: https://bit.ly/2WE0umD
- Can Court through a judicial order confer on the ‘Administrator’ a power to renew Fixed Deposits of investors? What other powers can be conferred? HC elaborates
“There is no one who can effectively deal with the investors. Therefore, the question is whether a retired Senior Bank Official can be appointed as an Administrator who will ensure that the day-to-day activities of the Credit Co-operative will continue.”
Read more here: https://bit.ly/2WFcMei
Supplementary Charge Sheet
- “Supplementary charge sheet is only an additional material collected against the accused persons”; S. 167(2) CrPC not applicable on supplementary charge sheets filed
Section 167(2) of Cr.P.C., is applicable only when charge sheet is not laid down and it starts operative when accused is arrested during the course of investigation, but if charge sheet is filed against particular accused and supplementary charge sheet is submitted against other accused or for additional evidence, the provisions of Section 167(2) of Cr.P.C., cannot be applicable.
Read more here: https://bit.ly/3yyXo0f
Kerala High Court
- Syllogistic scope of Ss. 11(5) and 11(6) of the Arbitration Act, 1996; HC unclouds the line
Devan Ramachandran, J., held that parties to arbitration cannot nominate the arbitrator even if the Arbitration Agreement provides so.
Read more here: https://bit.ly/3zuGVeS
- Is marital rape a form of cruelty? Can it be a ground for divorce? HC examines
Treating wife’s body as something owing to husband and committing sexual act against her will is nothing but marital rape.
Read more here: https://bit.ly/3jxrH39
- Penetration between thighs of the victim held together; will it fall within the ambit of Rape? HC answers
“We cannot assume that, she would be able to narrate the specific details of repeated acts merely from her imagination. Moreover, the language and expressions used by her for describing the sexual acts and the sexual organs clearly convey her unfamiliarity with the sexual acts…We cannot expect that an ordinary school going girl from a village area would have such capacity to imagine stories of that nature for falsely implicating the appellant.”
Read more here: https://bit.ly/3DDchlQ
- Ker HC temporarily suspends sentence of imprisonment to allow the applicant to perform religious rites and rituals of his deceased mother
The Division Bench comprising of K. Vinod Chandran and Ziyad Rahman A.A., JJ., temporarily suspended the sentence of the applicant to allow him to perform religious rites and rituals of his deceased mother.
Read more here: https://bit.ly/3gL18px
- Such orders undermine confidence and morale of women; HC directs Kerala to reinstate the woman terminated for unauthorised absence on availing maternity leave
“Life as a new mother is like being on a roller-coaster and being a working mother is tougher. The minutiae of motherhood can never be properly contemplated and it involves navigation through myriad daily issues, which ultimately determine the health and future of the child.”
Read more here: https://bit.ly/2Ya0j2Z
- CGST registration; HC dismisses petition challenging cancellation registration on observing undue delay and carelessness on part of petitioner
“The petitioner was sleeping over its right after cancellation of its registration. There is undue delay even in filing an application for revocation of registration so also even in approaching this Court.”
Read more here: https://bit.ly/3mP2pj7
- Mandatory discloser of Father’s name in Birth/Death Certificate is violative of Fundamental Right; HC directs State to provide separate forms for Single Mothers
“Requiring the petitioner to leave the column regarding the details of father as blank for the issuance of a certificate of birth or certificate of death necessarily affects the right of dignity of the mother as well as the child.”
Mandatory Requirement for Disclosing Father’s name in Birth/Death Certificate
Read more here: https://bit.ly/2WCSr9t
Socially and Educationally Backward Classes
- State government has no power to specify any class of persons as socially and educationally backward; HC stays order specifying Nadars (Christian) as socially and educationally backward
B. Suresh Kumar, J., held that the State Government has no power to specify any class of persons as socially and educationally backward for the purposes of the Constitution since only the President is entitled to specify the socially and educationally backward classes in relation to a State after due consultation with the Commission set up under Article 338-B of the Constitution.
Read more here: https://bit.ly/3gQsHOa
Madras High Court
Right to be Forgotten
- Right to be Forgotten | Madras HC decides whether redacting names of acquitted persons from court record is possible
The peculiarity of seeking redaction of the name of accused persons who have been acquitted, has essentially gained significance due to the development of science and technology that has virtually brought everything under the sky to the fingertips of any person who may have access to the internet. The search engines provide information about any person and whatever information is available in the “Cloud” can be accessed by anyone.
Read more here: https://bit.ly/3mMJPrW
- Whether 10 % reservation of Economically Weaker Section can be provided in All India Quota medical seats without SC’s approval? Detailed Record
If a pool of seats is available to candidates from all over the country, irrespective of an individual’s place of residence, the State-wise reservation, which is based on demography of the State, cannot hold good for the entire country as the mix of socially backward classes would differ from region to region even within a State.
Read more here: https://bit.ly/3DyYAEK
Astrology v. Science
- Can Courts direct citizens to stop believing in astrology? Read Madras HC’s opinion
“…there are some matters in which exact answers may not be available as the only known intelligent life form in the universe endeavours to grapple with the unknown.”
Read more here: https://bit.ly/38rIVsj
Tamil Nadu Gaming and Police Laws (Amendment) Act, 2021
- Judiciary, Legislature and Morality-A jamboree for the online gaming adherents | Holds the statute invalid in ‘every pore’ that ‘cries out’ to be so
” There appears to be a little doubt that both rummy and poker are games of skill as they involve considerable memory, working out of percentages, the ability to follow the cards on the table and constantly adjust to the changing possibilities of the unseen cards. Poker may not have been recognised in any previous judgment in this country to be a game of skill, but the evidence in such regard as apparent from the American case even convinced the Law Commission to accept the poker as a game of skill in its 276th Report”.
Read more here: https://bit.ly/38sZrZd
Case Flow Management
- Dictum in Salem Advocate Bar Assn. continues to guide courts all over the country; Court finds no reason to formulate new rules to regulate case flow management in the State
The Division Bench of Sanjib Banerjee, CJ and P.D. Audikesavalu, J., took up a petition which involved issuance of a Writ of Mandamus directing the respondent Madras High Court to take appropriate steps for framing Rules for Case flow management system and for monitoring of all cases by Courts in Tamil Nadu in true spirit and letter incorporating all directions of Supreme Court at the earliest.
Read more here: https://bit.ly/38uIFco
Madhya Pradesh High Court
- In India, a girl would not indulge in carnal activities with boys just for enjoyment, unless the same is backed by some future promise; Court denies bail in allegation of rape
“…a boy who is entering into a physical relationship with a lass must realize that his actions have consequences and should be ready to face the same as it is the girl who is always at the receiving end because it is she who runs the risk of being pregnant and also her ignominy in the society, if her relationship is disclosed. You just cannot plead consent on the part of the prosecutrix and laugh all the way to your home.”
Read more here: https://bit.ly/3BtNcIf
- Possession of cough syrup or medicine containing Codeine Phosphate without valid documents falls under S. 37 of the NDPS Act; Court rejects bail application
“…if anyone was found in possession of cough syrup or medicine containing Codeine Phosphate without valid documents, then the case will come under the stringent provisions of the NDPS Act.”
Read more here: https://bit.ly/3mR0afo
Prevention of Corruption Act
- When can the issue relating to absence of sanction or the order of sanction being a nullity, be raised? Court discusses
The Division Bench of Prakash Shrivastava and Arun Kumar Sharma, JJ., dismissed a petition in which the issue was deciding whether the order granting sanction can be challenged at the particular stage or the objection in this regard was required to be raised by the petitioner during the trial and the issue was to be decided by the trial Court on the basis of the evidence.
Read more here: https://bit.ly/38wI0a6
- M.P. State Legal Service Authority to provide assistance to transgenders in getting their Identity Cards/Transgender Cards; State directed to ensure other benefits
The Division Bench of Mohammad Rafiq, CJ and Vijay Kumar Shukla, J., decided in the matter of a petition which was filed n in the form of Public Interest Litigation by a Transgender, who is Social Worker and Paralegal Volunteer at Indore, for the welfare of the people of Transgender Community.
Read more here: https://bit.ly/3DA64XT
- Entry time of admit card of utmost importance; Court dismisses petition praying reconduction of IPMAT
The Division Bench of Sujoy Paul and Anil Verma, JJ., dismissed a petition which was filed by 12th grade students and aspirants of taking admission in Integrated Programme for Management (IPMAT) praying to reconduct the examination for students who could not reach the centre due to heavy rains and further restraining respondents to declare the results.
Read more here: https://bit.ly/38wvCHo
Right to Cross-Examine
- Right to cross-examine a witness cannot be curtailed, Court holds trial court should be patient and tolerant in their approach towards the Trial Court lawyers
It is trite that cross-examination is the only tool available to a defence lawyer to test the veracity of a prosecution witness, it is the only way out to an accused to clear his name from the alleged offence hence his right to cross examine a witness cannot be curtailed in such a cavalier manner.
Read more here: https://bit.ly/2WI47Ir
Manipur High Court
- Comply with WHO guidelines, ensure water supply in the containment zones; Court issues directions
The Division Bench of KH. Nobin Singh and A. Bimol Singh, JJ., issued certain directions in response to a Public Interest Litigation which was filed by a resident of Chalou Maning Leikai, contending that after the said village having been declared as a Containment Zone, no water is available for the reason that the Water Tankers are reluctant to come to the area for supply of water.
Read more here: https://bit.ly/3jwaNBT
Meghalaya High Court
- Primary reasons for vaccine hesitancy in the State not being addressed by the Police; Court directs to identify and book persons for spreading false rumours about vaccines
Read more here: https://bit.ly/3Bu0J2x
Orissa High Court
- “Suicidal ideation and behaviors in human beings are complex and multifaceted”; What is the scope of bail in cases involving S. 306 IPC? HC examines
“There is no answer as to why suicides occur because it is impossible to ever fully comprehend or analyze what goes on inside a person’s mind. Suicidal ideation and behaviors in human beings are complex and multifaceted.”
Read more here: https://bit.ly/38vMH4c
Illegal Prawn Enclosures
- Ori HC took stock of issue of illegal prawn enclosures (‘gheries’) around Indian wetland of international importance, the eco-sensitive Chilika Lake; Laid directions
“…each of the demolition actions must be videographed to show that not only have they been effectively demolished but all the equipments used have actually been seized and taken away far from the site and detained in the custody of the authority concerned.”
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Patna High Court
- 5-Judge Bench of Patna HC directs to demolish entire building of newly erected Waqf Bhawan constructed in close proximity of Centenary Building of the HC; Justice Ahsanuddin Amanullah dissents
“The structure has been constructed in utter and brazen violation of provisions of law across statutes, starting from Section 32 of the Central Act, through the various provisions of the Municipal Act, and finally Bye-law 21, as discussed above, and must be held to be illegal and non-est from the word go.”
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Punjab and Haryana High Court
- Apparent case of greediness; HC imposes Rs 1 lakh cost on the son for attempting to oust his old-aged mother and usurp her property
Calling it unfortunate, Arvind Singh Sangwan, J., dismissed the petition filed by a man who was trying to oust his mother from her property to usurp the same. Additionally, the Bench imposed a cost of 1 lakh Rupees on the petitioner which was directed to be paid to the respondent mother.
Read more here: https://bit.ly/3BuqiRb
- Can an employee who has foregone his promotion claim seniority over his juniors promoted earlier than him? HC answers
Harsimran Singh Sethi, J., held that length of service in the cadre in which the seniority is being prepared is the only relevant factor to be taken into consideration while fixing the seniority.
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- Age relaxation cannot be claimed on the basis of CM’ tweet; HC rejects petition seeking relaxation in maximum age for Police Sub Inspectors
“There is no legal right with the petitioners to claim that all the vacancies should have been advertised prior to 2021 or even to allege that the inaction of the Department in this regard could be termed as violation of any right.”
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- “Unholy Alliance”; HC denies protection to married woman who was residing in live-in with another man
Calling it “unholy alliance”, Sant Parkash, J., denied protection to a married woman who was residing in live-in with another man.
Read more here: https://bit.ly/2V1VyY4
Divorce by Mutual Consent
- Amandeep Singh’s case has not been appreciated in its real sense by the Family Court; HC allows waiving off mandatory 6 months period for divorce
Observing that the couple had settled the matter and were mature to the extent that first petitioner was 34 years old and petitioner 2 was 35 years of age and had been blessed with 3 children; moreover, it was not disputed that the husband was also staying abroad for the last more than two years and they had even settled regarding the children; the Bench opined that in such circumstances, further waiting period would only prolong the proceedings and it was a fit case to exercise the jurisdiction of the Court in waiving off the mandatory period of six months.
Read more here: https://bit.ly/3BvdQR7
- Evidences point towards complicity of the accused; HC rejects plea for anticipatory bail
“A free and fair investigation is the backbone of every criminal trial. The criminal trial is a discovery in pursuit of the truth. Without a thorough free and fair investigation, the trial becomes a futile exercise.”
Read more here: https://bit.ly/2WD0Qtx
Rajasthan High Court
- “Live-in relationship cannot be at the cost of social fabric of this country”; Police protection rejected to a live-in couple
Satish Kumar Sharma J. dismissed the petition and rejected police protection to a couple.
Read more here: https://bit.ly/3DBdASj
- Judgments cited by the applicant cannot be made basis as a precedent to infer that the balance of convenience always lies in favour of the wife; Transfer petition allowed
“In the present case, the place of litigation should not be made an issue by the non-applicant because the applicant-wife is a lady and having no source of income for maintaining herself and her daughter.”
Read more here: https://bit.ly/3mKOUB4
Investment by State
- “The investment made by State for construction of Dams is made redundant if natural flow of water is impeded in any manner”; directs State to take necessary steps
A Division Bench of Indrajit Mahanty, CJ and Vinit Kumar Mathur, J., direct State to inform them regarding steps taken for restoring the land which has been dug-up during the course of operation of the mines.
Read more here: https://bit.ly/2WzfORj
- Addressed plight of kith and kin of missing person; Instructions/guidelines to be adopted by the police officials in the State of Rajasthan laid down
A Division Bench of Sandeep Mehta and Manoj Kumar, JJ., disposed of the petition, observing that the missing person Shri Prem Ratan expired, as a result of being hit by a locomotive on the railway tracks near Sadulpur/Rajgarh.
Read more here: https://bit.ly/3t56P6D
- Study leave can be granted if the course of study is in the interest of the working of government or to service which govt. servant belongs; Court allows petition
Ashok Kumar Gaur, J., allowed a writ petition which was filed seeking a direction to grant them study leave to undergo their Post-Graduate Medical Course on the seats allotted to them in NEET PG Counselling, 2020.
Read more here: https://bit.ly/3gPfPrD
- In circumstances of death while on duty, can ex-gratia be allotted as per both unamended and amended rules? Court answers
“…police personnel who dies while on duty or dies due to act of violence by terrorists or dacoits or criminals or anti-social elements or dies in bomb blasts in public places or in course of conformation with the mob or crowd during agitation, riot or disturbance or due to the circumstances then the benefit of ex gratia would be released.”
Read more here: https://bit.ly/3kKMDD4
Sikkim High Court
Code of Civil Procedure
- Application allowed under Or. VI R. 17 CPC, 1908, seeking amendment to the plaint erroneous; Court explains
Jitendra Kumar Maheshwari, CJ., allowed a petition which was filed aggrieved by the order allowing the application filed under Order VI Rule 17 of the Code of Civil Procedure, 1908, seeking amendment to the plaint.
Read more here: https://bit.ly/2YgUXmH
National Food Security Act, 2013
- Court directs State to examine grievances; ensuring proper implementation of NFSA, 2013
The Division Bench of Jitendra Kumar Maheshwari and Bhaskar Raj Pradhan, JJ., heard a petition which was filed seeking the implementation of the National Food Security Act, 2013 (‘Act of 2013’) read with Sikkim Foods Security Rules, 2014 (‘Rules of 2014’) for an order directing the State respondents to ensure proper quantity and items of food be provided to the beneficiaries falling under the general and special categories and also falling under the categories mentioned in section 6 of the Amendment Rules, 2017; to duly conduct social audit in order to monitor and evaluate the planning and implementation of the Amendment Rules, 2017 and to constitute an independent committee to investigate, report and find out solution for effective implementation of the Act of 2013.
Read more here: https://bit.ly/38v5TPm
- Sole testimony of a deaf and dumb woman, unable to answer questions not reliable enough to convict rape accused; Court dismisses petition
“…the prosecutrix was a deaf and dumb woman, aged about 50 years, and she had stated about commission of rape with her by the accused.”
Read more here: https://bit.ly/3BsJYF0
Telangana High Court
Live-in Partner | Bail
- Mother allows her live-in partner to sexually assault minor daughter continuously: Bail application rejected
Sri Devi, J., rejected a bail application on noting the fact that a minor girl was continuously sexually assaulted by her mother’s live-in partner resulting in her getting pregnant.
Read more here: https://bit.ly/3BxwWG7
Tripura High Court
- Court rejects post-retiral benefits of pension and gratuity on false claim of being a reserved category candidate; however, salary already paid not a subject of recovery
Akil Kureshi, CJ., dismissed a writ petition which was filed aggrieved about non-payment of gratuity and pension after retirement
Read more here: https://bit.ly/2V7NC7Q
- Mere honesty and admission of charge are not the grounds for tampering with the order passed by disciplinary authority; Court dismisses appeal
“…conduct of the petitioner cannot be seen as a momentary loss of discretion on account of some unacceptable but otherwise explainable reason. The petitioner has tried to put it as a one of lapse on his part as something which is conventional though no longer legal.”
Read more here: https://bit.ly/2YgfnfF
Uttaranchal High Court
Right to Promotion
- Right to promotion is not a vested right, however, right to be considered for promotion is a FR; Court issues directions to the State
The Division Bench of Manoj Kumar Tiwari and Alok Kumar Verma, JJ., heard and disposed of a petition which was filed seeking a direction to the State Government to hold promotion exercise for filling the post of Chief Engineer.
Read more here: https://bit.ly/3mPGd8p