Tracing back 90+ top stories of High Courts from the month of July 2022| Reproductive choice, Trademark, Service Charge, Misleading advertisements and more

Allahabad High Court

SC and ST Act, 1989

Section 3 (2) (v) of SC and ST Act, 1989 only attracts by way of documentary evidence to prove that the injured belongs to SC or ST; Conviction and sentence, modified

The Division Bench of Kaushal Jayendra Thaker and Ajai Tyagi, JJ. while deciding an appeal which was filed challenging the judgment and order of convicting accused-appellant under Sections 326 of Penal Code, 1860 (‘IPC’) and Section 3 (2) (v) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (‘SC/ST Act’) observed that to prosecute a person for an offence committed under Section 3(2)(v) of the SC/ST Act, there must be evidence to show that the accused committed the crime knowing that such person/victim is a member of a Scheduled Caste or a Scheduled Tribe.

Read full report here

Bail

Irony and tragedy of the Indian republic that criminals like Mukhtar Ansari are the law-makers; Former UP MLA denied bail

Read full report here

Allahabad High Court pained to see minors getting involved in age- inappropriate relations; Grants bail in the interest of infant and minor wife

Read full report here

High Court can grant transit anticipatory bail in a case registered outside its jurisdiction

Read full report here

Steps must be taken to break unholy nexus between criminal politicians and bureaucrats; Bail denied to BSP MP

Read full report here

Parity can only be persuasive in nature and cannot be binding; Bail orders not to be given without assigning any reasons

Read full report here

Protection of life and liberty

Constitution of India does not permit to issue mandamus when there is no threat perception alleged or transpired; Petition dismissed for filing with a purpose of obtaining seal of this Court on illegal relationship

Read full report here

Manual Scavenging

No protective gears provided to the sanitation workers; DM and Nagar Ayukt, summoned

Read full report here

Stray Dog Menace

Allahabad High Court issues notice to Nagar Nigam on compensation to family after stray dog menace leaves one child dead and other seriously injured

Read full report here

Quashing of FIR

Sections 4 & 5 CrPC only applicable to proceedings under Special Acts; not when criminal jurisdiction is invoked

Read full report here

Bombay High Court

Doctrine of Proportionality

When assessing the doctrine of proportionality, one looks not only at the immediate cause inviting punishment but also at the entire context; Appeal dismissed

Read full report here

Trademark

Registrar entitled to determine the registered proprietor of the Trademark [ISKCON v. ISKCON]

The Division Bench of G.S. Patel and Gauri Godse, JJ. disposed of an appeal which was preferred by ISKCON (International Society for Krishna Consciousness) Bengaluru aggrieved by the observations that this well-known trademark (ISKCON) is exclusively associated with the original Plaintiff (“Mumbai ISKCON”) and, by necessary implication, that Mumbai ISKCON is sole and exclusive registered proprietor of the mark in International Society for Krishna Consciousness v. Iskcon Appaeral Pvt. Ltd., 2020 SCC OnLine Bom 729.

Read full report here

Maintenance

Courts cannot be hyper technical in their approach when it comes to petitions under S. 125, CrPC; son liable to maintain father

Vibha Kankanwadi, J. partly allowed a writ petition setting aside the judgment and order of Additional Sessions Judge and confirming the findings of Judicial Magistrate First Class further modifying the maintenance amount to Rs 3000/- per month.

Read full report here

Corporate Law

Independent Non-Executive Director not liable for acts of company when not involved in day-to-day business

Read full report here

Women Rights

Woman cannot be made to choose between career and child; Bombay High Court allows mother to relocate to another country with the child

Read full report here

Contracts

Yes Bank-Dish TV Case: Beneficial Owner of pledged shares, contractually entitled to all rights, including voting rights in Annual General Meeting

Read full report here

Right to reproductive choice

Minor sexual assault victim lodged in observation home for murder allowed to terminate pregnancy

Read full report here

POCSO Act

Slow pace of trial defeating the very purpose of POCSO Act; Court of Sessions to submit report of pending cases, number of Special Courts

Read full report here

Employee’s State Insurance Act

Nature of activities conducted by BCCI are commercial in nature, liable to pay employees contribution under ESI Act, 1948

Bharati Dangre, J. dismissed an appeal which was filed by Board of Control for Cricket of India (‘BCCI’), being aggrieved by the impugned judgment and order passed by the Employees Insurance Court at Bombay (ESI Court) dated 09-09-2021 where BCCI was held to be under the ambit of Employees’ State Insurance Act, 1948.

Read full report here

Calcutta High Court

Driving license

ACP, Traffic Department does not have the power to suspend the licence; directions issued to release driving licence

Read full report here

Transfer of suit

Calcutta High Court transfers Matrimonial suit showing leniency towards wife

Read full report here

Fundamental Duty

Fundamental duty to protect animals from cruelty; Directions issued to SP for finding out stolen pig from Court premises

Read full report here

Noise Pollution

Vigil to be maintained to prevent noise pollution in general; Sound levels to be within permissible limits

Read full report here

Chhattisgarh High Court

Maintenance

Chhattisgarh High Court entitles father-in-law to pay maintenance; “Estate of the husband can be preferred to claim over the estate of father or mother of daughter in law”

Read full report here

Delhi High Court

Default in payment

Delhi High Court upholds Trial Court ruling in application filed under O. XIII A CPC for default in payment of rent by tenant due to COVID

Read full report here

Trademark

Gems or James Bond; Delhi High Court directs compensation to Cadbury against trademark infringement by Neeraj Food Products

Prathiba Singh, J. permanently injuncts Neeraj Food Products (‘defendants’) for trading JAMES BOND a chocolate product in pillow packs which is deceptively similar with Mondelez India Foods Private Limited (formerly Cadbury India Ltd.) (‘plaintiff’) GEMS, the name of which has derived inspiration from a copyrighted artistic character GEMS BOND. The Court thus directed the compensation upto 15 lakhs to Cadbury India finding deceptive similarity in the product under challenge.

Read full report here

Delhi High Court refuses blanket injunction against GODADDY from registering SNAPDEAL trademark; Every infringement must be petitioned separately

Read full report here

Delhi High Court grants permanent injunction against Facebake or Facecake from using the well known trademark Facebook

Read full report here

Commercial Courts (Amendment) Act, 2018

‘Thin line between adjudication and legislation’; Delhi High Court rules out retrospective application of Commercial Courts (Amendment) Act, 2018

A Division Bench of Satish Chandra Sharma, CJ and Subramonium Prasad, J. refused to transfer the civil suits pending before the Additional District Judge, Patiala House Courts, New Delhi, to the designated Commercial Court as the Commercial Courts (Amendment) Act, 2018 (‘Amending Act’) shall not apply retrospectively and thus, the advantage provided under Section 19 of the Amending Act cannot be taken, as dispute relates before to the date of commencement of the Act, i.e., 03-05-2018.

Read full report here

Marriage

Once two adults’ consent to live together as husband and wife, no third-party interference including family is warranted; Directs SHO to provide mobile number

Read full report here

Bail

Defense of consensual sexual intercourse immaterial if victim is minor; Bail rejected

Read full report here

Delhi High Court grants Bail to a rape accused in view of the prosecutrix’s deposition as per the requisites of S. 164 CrPC

Read full report here

Service Charge

Delhi High Court stays CCPA ruling on levying service charges in hotels and restaurants as an unfair trade practice

Yashwant Varma, J. stayed the ruling passed in the form of guidelines by the Central Consumer Protection Authority (‘CCPA’) vide order dated 04-07-2022 holding that the issue of whether the levy of service charge would amount to a restricted and unfair trade practice under Consumer Protection Act, 2019 requires consideration in view of precedents and incidental facts of the subject matter.

Read full report here

Abortion

Delhi High Court’s ruling that led to Supreme Court recognizing unmarried women’s right to a safe abortion

A Division Bench of Sathish Chandra Sharma, CJ and Subramonium Prasad, J refused termination of pregnancy to an unmarried woman whose pregnancy arose out of a consensual relationship after holding that her case was clearly not covered by any of the categories mentioned under Rule 3B of the Medical Termination of Pregnancy Rules, 2003 as on the date of the judgment.

This order, however, stands modified by the Supreme Court vide order dated 21-07-2022 wherein it has been held that woman cannot be denied right to safe abortion only on the ground of her being unmarried.

Read full report here

Prevention of Money Laundering Act, 2002

Mere allocation of coal does not amount to ‘proceeds of crime’ u/S 2(1) (u) of PMLA, 2002; Proof of monetary gains wrongfully obtained from such allocation is mandatory

Read full report here

Maintenance

Delhi High Court emphasizes on the importance of husband’s/father’s obligation towards estranged wife/child; Upholds maintenance decree granted by Family Court

Read full report here

Copyright

Delhi High Court directs Telegram and Mega to immediately take down any illegal content uploaded on their platform relating to DocTutorials

Read full report here

Misleading advertisement

Delhi High Court grants ad interim injunction against Dabur India for openly disparaging Nihar Naturals Shanti Amla Oil by WhatsApp message

Read full report here

Examination

Can examination authorities deny permission for appearance in a competitive exam for violating clothing guidelines? Delhi High Court answers

Read full report here

Patent

Non-consideration of the grounds raised in a pre-grant opposition while granting patent per se constitutes violation of principles of natural justice

Read full report here

Central Civil Services (Pension) Rules, 1972

Delhi High Court allows mercy petition filed by widow of a deceased/dismissed employee seeking ‘compassionate allowance’ in view of R. 41 of CCS (Pension) Rules, 1972

Read full report here

Broadcasting rights

Delhi High Court restrains infringement of broadcasting rights of ‘Sony Ten Network’; Interim directions issued

Read full report here

Gujarat High Court

Bail

Gujarat High Court denies bail to a 66 year old over recovery of poppy straw in commercial quantity from his property

Read full report here

Appointment

Delay in appointment of presiding officer of DRT leading to deprivation of legitimate right to speedy justice; Directions issued

Read full report here

Retirement

Municipality has power to retire a municipal servant at any time on or after he attains the age of 55 years on giving him three months notice

Read full report here

Gauhati High Court

Bail

Facebook post “only an expression of her feelings”, does not mention ULFA-I; College Student gets bail

Read full report here

Preferential Appointment

‘Cousin’ not a family member; cannot be considered for Preferential Appointment under Assam Public Services (Preferential Appointment) Rules, 1999

Read full report here

Retirement

State cannot force subordinate officers to retire prematurely on low physical fitness without following procedure under Assam Rifle Rues, 2010

Read full report here

Representation of People Act

‘High-time to revisit S.126 of Representation of People Act’ ; Gauhati High Court dismisses proceedings against Assam CM for violating Model Code of Conduct

Rumi Kumari Phookan J. dismissed the criminal proceedings against Chief Minister of Assam, Dr. Himanta Biswa Sarma for violating the provision of the Model Code of Conduct during 2019 General Assembly Elections. The Court was further of the view that the provision mentioned under Section 126 of the Representation of the People Act, 1951 (RP Act) should be reexamined in the light of multi-phased elections and the expansion of digital and electronic media.

Read full report here

Jammu and Kashmir and Ladakh High Court

S. 80 Civil Procedure Code, 1908

When can Courts dispense off with the requirement of notice u/s. 80, CPC? J&K and Ladakh HC elucidate

While deciding the instant appeal wherein substantial questions of law were raised vis-a-vis SectionS 80CPC; the Single Judge Bench of Vinod Chatterji Koul, J., held that the language of Section 80 is very clear in stating that at the time of filing a suit, if the plaintiff can establish that there is an urgency to seek relief, then the Court on its satisfaction, may dispense off with the requirement of notice before filing a suit under Section 80.

Read full report here

Article 14 and 16, Constitution of India

Classification on the basis of educational qualification for the purposes of promotion, is permissible in law and does not offend the Constitution

Read full report here

Double Jeopardy

Whether concurrent prosecutions under S. 138, NI Act and S. 420, IPC, will amount to double jeopardy? J&K and Ladakh HC analyses

While deciding the instant petitions, the question that came up before that Court was whether a person can be prosecuted for offence under Section 420 of IPC as also for offence under Section 138 of NI Act, on the same set of facts and whether or not it would amount to double jeopardy. The single Judge Bench of Sanjay Dhar, J., observed that the offences under Section 138NI act and Section 420IPC, are two distinct offences, therefore the principle of double jeopardy or rule of estoppel does not come into play.

Read full report here

Administration of justice

For proper administration of justice, Judges should not make derogatory remarks against persons, unless such censuring is necessary for the case

Read full report here

Hyderpora Encounter Case

J&K and Ladakh HC allows the family of deceased Amir Magrey to perform Fatiha Khawani; upholds compensation awarded by the Single Judge Bench

Read full report here

Vacancy and appointment

Can waitlist candidates be considered for filling up vacancies caused by resignation of the selected/appointed candidates? J&K and Ladakh HC answers

On the issue of whether wait list candidates can be considered for filling up vacancies caused due to resignation of appointed candidates, the Division Bench of Pankaj Mithal, CJ., and Moksha Khajuria Kazmi, J., observed that “a select/waiting list prepared may remain operative and valid for a period of one year, but that would only be for a limited purpose of appointing the selected/wait list candidates on the vacancies which remains unfilled due to non-joining of the selected candidate for one reason or the other.”

Read full report here

Jharkhand High Court

Compensation

Date of application or Date of death — From when is the monetary compensation on account of death of an employee to be paid?

S.N. Pathak, J., allowed the writ petition directing Central Coalfields Limited (‘CCL’) to modify the monetary compensation in case of death or an employee who died in harness, calculating it from date of death of the husband of the petitioner.

Read full report here

Dowry death

Upheld the decision of trial court; Accused convicted for dowry death

Read full report here

Corporate law

Criminal proceedings against Directors cannot continue when the Company has not been arrayed as a party

Read full report here

Karnataka High Court

Corruption

‘S.I.R cannot be generated at the drop of a hat’; Karnataka High Court quashes corruption proceedings initiated by ACB under Prevention of Corruption Act, 1988

Read full report here

Bail matter highlights “corruption” in Anti-Corruption Bureau; Karnataka HC judge alleges transfer threat for his observations against ACB and ADGP

Read full report here

Alimony

Able bodied person having the ability to earn is not entitled to seek permanent alimony from wife; Karnataka High Court dismisses appeal

Read full report here

Foreign Exchange Management Act, 1999

Writ petition by XIAOMI India premature when alternate remedy available under S. 37 FEMA, 1999 left unattended

Read full report here

CENVAT Credit

No suppression of material facts if show cause notice issued is based on balance sheet; Appeal denied

Read full report here

Handcuffs

Karnataka High Court grants compensation to a law student who was arrested and handcuffed

Read full report here

Kerala High Court

Citizenship and Marriage

Diplomatic officers empowered to apostille affidavits and do notarial acts; Indo-Canadian couple allowed to get married “online”

Read full report here

Sexual Assault

Kerala High Court upholds conviction of a father for sexually assaulting his minor daughter

Read full report here

Bail

Can pre-arrest bail be granted to accused sitting abroad? Co-equal bench doubts order in Vijay Babu’s case; Larger Bench to decide

While adjudicating a question of law as to whether pre-arrest bail can be granted to an accused while he is sitting abroad, P.V. Kunhikrishnan, J., doubted the findings of Single Judge in Vijay Babu v. State of Kerala, 2022 SCC OnLine Ker 3158. Answering the question of law in negative the Court stated,

“If an accused in a case leaves India after knowing that a case with grievous offences is registered against him and files a bail application before the High Court while sitting abroad, he is not entitled to an order not to arrest especially when there is no such power under Section 438 CrPC.”

Read full report here

Birth certificate

Can Court direct to retrospectively amend birth certificate to expunge father’s name by replacing mother’s name as an only parent? Kerala HC decides

In a significant decision P. V. Kunhikrishnan, J., directed the Registrar of Births and Deaths to expunge the father’s name of the petitioner 1 from his birth certificate and issue a new certificate showing the name of his mother only as a single parent.

Read full report here

e-Commerce

Received a wrong product while shopping online? Read how Kerala HC addresses grievance of person who received wrong laptop from Flipkart

Read full report here

Madhya Prdaesh High Court

DNA Test

‘Violation of individual privacy’; Request for DNA test denied in property dispute

Read full report here

Will

When does a Will becomes a suspicious document? Madhya Pradesh High Court answers

Dwarka Dhish Bansal, J., while dismissing a second appeal held that in presence of prior execution of agreement of Gift, the Will becomes a suspicious document.

Read full report here

Highway guidelines

Major District Road (MDR) not subjected to 300 metres guidelines, since it is not a National or a State Highway; NOC for petrol pump granted

Read full report here

Compassionate appointment

Substitution of an appointment on compassionate grounds through contractual appointment held illegal; directions issued

Read full report here

Police carelessness

Madhya Pradesh High Court lambasts police force for blatant callousness and failure in tracing an 11-year-old missing minor girl

Read full report here

Compulsory retirement

Irregular grant of bail may reflect upon competency of the Judge but does not mean that he is corrupt; Compulsory retirement set aside

Read full report here

Madras High Court

Advertisement

Madras High Court directs State Government to include photographs of PM and President in print/electronic media for International Chess Olympiad

Read full report here

Deception

Madras High Court directs State Police to alter FIR and add Ss. 417 and 420 IPC on alleged concealment of impotency by husband pre-marriage

Read full report here

Pension

Freedom fighters’ pension cannot be taken as ‘income’ to deny family pension; Objective of Freedom Fighter Pension Scheme is to honour the sacrifices of the fighters

Read full report here

Termination of pregnancy

Madras High Court allows termination of 27+weeks pregnancy of minor child victim of 13 years; Foetus to be preserved for criminal case under POCSO

Read full report here

GST

Proper reasons to be given for rejecting GST Registration Applications; Just writing ‘rejected’ would not suffice

Read full report here

Education

High Court cannot be an expert body for the purpose of forming an opinion on equivalence of degrees; Madras High Court upheld the Government Order

Read full report here

Divorce

Suspecting the character of spouse and making false allegations of extra marital affair in presence of colleagues/ students amount to mental cruelty; Madras High Court grants divorce

Read full report here

Professional misconduct

Madras High Court deprecates the practice of implicating Advocates as accused along with their clients for offences allegedly committed by clients

Read full report here

Admission

Can plea of poor internet connectivity be entertained if it deprives a student of his entitlement to take admission? Madras High Court directs State to compensate

G R Swaminathan J. directed the State to pay compensation of Rs 1 Lakh to a student who could not take admission in the medical course in the academic year 2021-2022 as he was unable to register his name on the portal for NEET counseling even after obtaining marks beyond cut off limit, due to poor internet connectivity.

Read full report here

Old age homes

Madras High Court exercises parens patriae jurisdiction to deal with the issue of senior citizen welfare and old age homes; Guidelines issued

Read full report here

Transgender rights

Madras High Court remarks transgenders are already part of most backward classes; Dismisses plea seeking separate reservations for them in government jobs

Read full report here

Marriage of inter-faiths

Self-respect marriages can be performed only between two Hindus; Madras High Court upholds denial of marriage registration of an inter faith couple

Read full report here

Patna High Court

Sexual Assault

Sexual assault on minors traumatic, destroys personality: Patna High Courts upholds father’s conviction for raping his minor daughters for 6 years

Read full report here

Right to chose a life partner

Women have right to marry anyone of choice; Family/Societal Recognition not required under law

Read full report here

Punjab and Haryana High Court

Property

Co-owners of the joint property cannot prevent each other from using the property; appeal dismissed

Read full report here

Motor accident

Motor Accident claims must be proved on the touchstone of preponderance of probabilities

Read full report here

Juvenile

Punjab and Haryana High Court dismisses the order of the Magistrate; Only Juvenile Justice Board to pass orders where there is ‘Juvenile in conflict with law’

Read full report here

Parole

‘Parole a part of reformative process’; Punjab and Haryana High Court grants parole to murder convict

Read full report here

Non-compoundable offences

Proceedings in non-compoundable offences can be quashed on the basis of compromise between accused and victim

Read full report here

Defamation

Relief to actress Kangna Ranaut in ‘Shaheen Bagh Dadi’ defamation case; Trial Court directed to adjourn the matter

Read full report here

Mental cruelty

Does incessantly filing complaints for tarnishing one’s reputation amount to mental cruelty? Punjab & Haryana High Court answers

While deciding an appeal arising from a divorce petition, the bench of Ritu Bahri, J. and Meenakshi I. Mehta, J. observed that “the facts and circumstances unequivocally speak volumes of the fact that the respondent has incessantly been filing the complaints against the petitioner as well as his family members and the petitioner even had to go behind the bars in connection with one of those complaints, resulting in harm/damage to his image and reputation in the eyes of their relatives and the society at large”.

Read full report here

Rajasthan High Court

Illegal termination

Alleged illegal termination from Kotak Mahindra Bank pending for relief due to vacancy of competent authority; State appoints Deputy Labour Commissioner

Read full report here

Order XVI R 1 and 2 Civil Procedure Code, 1908

Trial Court required to prima-facie ascertain the relevancy of the proposed witnesses while deciding application under Order XVI R 1 and 2 CPC

Dinesh Mehta, J. considered the stamp vendor and Sub Registrar as relevant witnesses in a case where registration of relinquishment deed was challenged, and it was pleaded to summon them as witnesses for ascertaining the claim. The Court stated that ascertaining the relevancy of the proposed witnesses while deciding application under Order XVI Rules 1 and 2Civil Procedure Code (‘CPC’) is to be prima facie established by the Trial Court.

Read full report here

Arbitration

No award can be remitted to the arbitrator where there are no findings in the contentious issues of the award

Read full report here

Telangana High Court

Employees Compensation Act, 1923

Whether the workwoman employed in Beedi manufacturing process is covered under the purview of Employees’ Compensation Act? Telangana High Court answers

M Laxman, J. allowed the appeal and remanded the matter for adjudication on merits and held that the deceased beedi worker falls under the definition of ‘workman’ as per Section 2(n)(ii) and Clause 2 of Schedule II of Employees’ Compensation Act, 1923 as well as Section 2(k) of Factories Act, 1948.

Read full report here

Tripura High Court

Appointment

It is not within the domain of the Court to direct the State- Government to create any post; Petition dismissed

Read full report here

Uttaranchal High Court

Article 21, Constitution of India

Whether writ petition on cancellation of GST Registration affecting the Right to Livelihood is maintainable? Uttaranchal High Court answers

The division bench of Sanjaya Kumar Mishra, acting C.J., Ramesh Chandra Khulbe, J., held in the writ petition is maintainable, as the cancellation of GST registration affects the rights of livelihood enshrined under Article 21 of the Constitution of India.

Read full report here

Animal slaughter

Uttaranchal High Court allows stay on Government order banning animal slaughter on the occasion of Bakra Eid in Manglaur

Read full report here


*Suchita Shukla, has put this report together.

Join the discussion

Leave a Reply

Your email address will not be published. Required fields are marked *

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