High Court Monthly Roundup| November 2022| 60+ Legal Stories including Default Bail, Babri Masjid Demolition, Kashmiriyat, Muzaffarnagar Riots and more

   

Allahabad High Court

Allahabad High Court dismisses appeal against acquittal order in Babri Masjid Demolition Case

In an appeal against the judgment passed by the Special Judge acquitting the accused persons in Babri Masjid demolition case, the division bench of Ramesh Sinha and Saroj Yadav, JJ. has held that the appellants cannot be treated as ‘victims’, therefore, they have no locus to maintain the instant appeal. Read More

Class IV Contractual Employees entitled to be paid same wages in accordance with the provisions of ‘equal pay for equal work’

In a writ petition filed against the validity of the order which rejected petitioner’s representation and claim seeking grant of minimum of pay scale, Alok Mathur, J held that the petitioners are also entitled for minimum of pay scale as is being granted to regular employees as the same services are being rendered by them. Read More

Allahabad High Court rejects BJP MLA Vikram Saini’s plea to suspend conviction in Muzaffarnagar Riots case

In an appeal filed by Bharatiya Janata party MLA Vikram Singh Saini against the judgment passed by the Special Judge MP/MLA Court convicting him for the offences under Sections 147 148, 336 read with 149, 353, 504, 506 of the Penal Code, 1860 (‘IPC’) and under Section 7 Criminal Law (Amendment) Act, Samit Gopal, J. said that there is a full-fledged trial conducted after which Vikram Saini has been convicted, and the ground that he by the conviction will stand disqualified as per the Act, 1951 and will not be able to fight the elections, is no ground to suspend the conviction. Read More

Anticipatory bail is a statutory right not a Constitutional right; Successive anticipatory bail application not maintainable

In a second anticipatory bail application for offences under Sections 363, 366, 376 of the Penal Code, 1860 (‘IPC’) and 3 or 4 of Protection of Children from Sexual Offences Act, 2012 (‘POCSO Act’), Suresh Kumar Gupta, J. said that Section 439 Code of Criminal procedure, 1973 (‘CrPC’) relates to Constitutional right of the accused whereas Section 438 CrPC to his statutory right. Thus, it was held that the second and successive anticipatory bail application is not maintainable. Read More

Conditions required for granting permission to a bhumidhar, clearly specified under the U.P Revenue Code and Rules; Other reasons to reject the application, renders discretionary power ultra vires and invalid

In a writ petition filed against the order passed by the Collector under Section 98(1) of U.P. Revenue Code, 2006, praying for a direction to the respondent authorities to grant permission for executing the sale deed in pursuance of an agreement to sell as per terms of Section 98 of the Code, 2006 (‘Code, 2006’) read with Rule 99 of the U.P. Revenue Code Rules, 2016 (‘Rules, 2016’) Yogendra Kumar Srivastava, J. has said that the impugned order were passed in the absence of consideration of the relevant provisions and being based on wholly irrelevant consideration, are held to be legally unsustainable and are set aside. Further, the matter was remitted to the Collector for passing fresh orders based on the provisions contained under Section 98 of the Code, 2006 read with Rule 99(8) of the Rules, 2016 . Read More

Bombay High Court

Police station not a ‘prohibited place’ under Official Secrets Act hence, video recording inside police station not an offence under Act; Bombay High Court quashes FIR

In the present case wherein, an FIR was registered by the complainant that during certain proceedings being undertaken in the Police Station, the applicant secretly video recorded the proceedings on his mobile, thereby committing an offence punishable under section 3 of the Official Secrets Act, 1923, a Division Bench of Manish Pitale and Valmiki SA Menezes, JJ., held that none of the ingredients of the alleged offence are made out against the applicant. Read more

[Senior Citizens Act] Bombay High Court upholds eviction of son and his wife from the premises of mother; Directs son to pay maintenance

In a petition filed by the son challenging the order passed by the Sub Divisional Officer, Eastern Suburbs, Mumbai Suburban District, Senior Citizens Welfare Tribunal directing them to pay Rs. 25,000/- monthly maintenance allowance to respondent 3-mother from August 2022 and vacate and hand over the possession of the said flat to Mother, a Division Bench of S.V. Gangapurwala and R.N. Laddha, JJ., upheld the eviction order and modified the order regarding the maintenance amount. The modified order mentioned the maintenance to be paid at Rs. Rs. 10,000/- per month. Read More

Can officers under Maharashtra Money Lending Act, 2014 pass orders contrary to decree of a Civil Court? Bombay High Court decides

In a unique case where the officers exercising powers under the Maharashtra Money Lending (Regulation) Act, 2014 have effectively sought to ignore the order passed by the Civil Court deciding the very same issue, Sandeep V. Marne, J. held that orders passed by the authorities exercising powers under the Act, 2014 must yield to the judgment and order delivered by the Civil Court. Read More

FIR against a 9-year-old boy for causing unintentional accident by cycle; Bombay High Court quashes FIR and directs State to pay Rs 25000 to family

In a case filed by the mother of a 9-year-old minor boy, seeking quashing of the FIR for the alleged offence punishable under Section 338 of Penal Code, 1860 (IPC), a Division Bench of Revati Mohite Dere and S.M. Modak, JJ., quashed and set aside the FIR registered with the Vanrai Police Station, Mumbai, against the son and consequently, dismissed the proceeding pending before the Metropolitan Magistrate. Read More

[M-seal v. R-seal] Can Trademark owner make “user claim” prior to acquisition of the mark from its predecessors? Bombay HC answers

In a trademark infringement suit filed by Pidilite Industries Ltd. (the plaintiff) with regard to its mark M-seal against the infringing mark R-seal, R.I. Chagla, J. held that the Defendant has obtained the aforesaid trademark by playing a fraud upon the Registrar of Trade Marks and concealing from him, the existence of the Plaintiff’s prior registered marks. Read More

Divesting DRTs of their pecuniary jurisdiction without any amendment to RDB Act 1993 is unsustainable; Bombay HC stays notification changing DRT jurisdiction in matters above ₹100 crores

While hearing a challenge to the Government Notification dated 04/10/2022 changing the jurisdiction of Dept Recovery Tribunals in matters above ₹100 crores, the Division Bench of Sanjay A. Deshmukh and Ravindra V. Ghuge, JJ., held that divesting the Debts Recovery Tribunals of their pecuniary jurisdiction without any amendment to the Recovery of Debts and Bankruptcy Act 1993 (the RDB Act) is unsustainable in law. Read More

Unexplainable delay in considering detenu’s representation is fatal to continued detention; Bombay High Court quashes preventive detention order

In a preventive detention case, the Division Bench of A.S. Gadkari and Milind N. Jadhav, JJ., held that any unreasonable and unexplainable delay in considering the representation of the detenu is fatal to the continued detention of the detenu. Read More

Calcutta High Court

Bound to protect Constitutional Rights of women, Calcutta High Court regularises domestic violence application filed by minor

While dismissing a petitioner’s plea against an application filed by his minor daughter under the Protection of Women from Domestic Violence Act, 2005 (DV Act), alleging that he was violent towards her and her mother, Shampa Dutt (Paul), J., held that application filed by the minor daughter under Section 12 of Domestic Violence Act cannot be dismissed on the grounds of maintainability especially when she had attained majority before the date of final order. The Court observed that as the DV Act is a beneficial legislation, the Court should adopt a sensitive approach before nullifying a case on the ground of maintainability. Read More

Delhi High Court

Delhi High Court rules on the application of S. 124 Trade Marks Act, 1999 and the standards of pleadings required to satisfy the ingredients of the provision

In an application filed by the plaintiff seeking permission to file rectification/cancellation petition against registrations of Defendant’s trademark ‘TRAVELXP’ in different classes, Jyoti Singh, J., adjourned the proceedings for a period of three months, to enable the plaintiffs to take appropriate steps, in accordance with law, to raise the plea of invalidity by preferring rectification proceedings, before the appropriate forum. Read more

Delhi High Court awards cost of Rs. 9 lakhs to a US based company to protect its well-known mark ‘JOHN DEERE’ and ‘TORQ-GARD’

In a case filed by a US based company for protection of its mark ‘JOHN DEERE’ and ‘TORQ-GARD’, the Single Judge Bench of Prathiba M. Singh, J. held that the defendants are refrained from using the mark ‘JOHN DEERE’, ‘leaping deer’ logo, mark ‘TORQ-GARD’ and awarded actual costs of Rs. 9,28,978 in favour of the US based company. Read More

Right of default bail is extinguished the moment charge sheet is filed within the period prescribed

In an application filed seeking bail on behalf of the applicants being involved in the alleged fraud allegedly resulting in misappropriation of the public money to the tune of Rs. 5,435/- crores, Purushaindra Kumar Kaurav, J., denied bail to the applicant-accused as it was found that the constitutional right of the applicants for speedy trial is not getting infringed by denying bail and on the contrary no reasonable grounds found to believe that the applicants are not guilty of the offences alleged against them. Read more

Delhi High Court grants ex-parte ad-interim injunction to Amitabh Bachchan protecting his publicity rights

In a case filed by Amitabh Bachchan for protection of his publicity rights against the fake Kaun Banega Crorepati (KBC) lottery fraud, the Single Judge Bench of Navin Chawla, J. granted ad-interim ex-parte injunction in favour of Amitabh Bachchan and restrained the defendants from infringing his publicity or personality rights by misusing his name, voice, image, or any other attribute exclusive to him. Read More

Delhi High Court applies ‘doctrine of confirmation by subsequent events’ to convict an accused of murdering a girl in broad daylight

In an appeal filed by the accused challenging the order of conviction passed by the Trial Court for offences punishable under Section 302 IPC, Sections 25(1B)(a) and 27(1) Arms Act, 1959, Anish Dayal, J. upheld the order of conviction and sentence as that the guilt of the appellant for the murder of the deceased has been proved beyond reasonable doubt and duly supported by circumstantial evidence by the prosecution. Read more

The term ‘FLY HIGH’ used by Vistara is common to aviation; Delhi High Court vacates interim injunction granted in favour of Frankfinn

In a suit filed by Frankfinn Aviation Services Private Limited (‘plaintiff’) seeking permanent and mandatory injunction restraining the Defendant inter alia from infringement of trademark ‘FLY HIGH’, passing off, unfair competition, dilution and for rendition of accounts, Jyoti Singh, J., vacates an interim injunction order passed against the defendants and held that the defendant is not using the expression ‘FLY HIGHER’ as a trademark with an intent to deceive, misrepresent or confuse members of the public but is rather used in the manner being descriptive of its services and for purpose of promotion and advertisement. Read more

[POSH] | Baffling to see that a law graduate himself demands assistance of person with legal background for enquiry before ICC

In a case filed by the petitioner seeking legal representation for an enquiry regarding allegations of sexual harassment at workplace, before the Internal Complaints Committee by a person of legal background, Sanjeev Narula J., held the petition to be non-maintainable as the prayer sought cannot be allowed considering an express bar to legal representation under Rule 7(6) of Sexual harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013. Read More

Delhi High Court grants ad interim injunction against Nine Network website for posting defamatory content regarding Oyo Rooms

In a suit filed by Oravel Stays Limited doing business as OYO Rooms (plaintiff) is seeking damages and permanent and mandatory injunction with respect to the defamatory articles written and published by Nine Network Private Limited (defendants), Mini Pushkarna, J., granted an ad-interim injunction in favour of the plaintiff and restrained defendants including their servants, agents, representatives, employees and other constituents from making, publishing and disseminating or publishing any false, defamatory, disparaging and misleading statements or articles pertaining to the plaintiff. Read More

Application for registration of trade mark “BRAZZERS” to proceed for advertisement on the claim of the mark being “proposed to be used”; Delhi High Court directs

While deciding a case in which an appeal was filed challenging the order passed by the Senior Examiner of Trade Marks (Senior Examiner), wherein the application of the appellant seeking registration of its mark “BRAZZERS” in Class 35 was rejected, the Single Judge Bench of Navin Chawla, J. held that the Senior Examiner should have granted an opportunity to the appellant to change the user detail in its application before rejecting it. Read More

PMLA seeks to subserve a larger public policy imperative; Moratorium under S.14 IBC does not affect ED’s attachment power under PMLA

In a case filed by the Resolution Professional of Era Infra Engineering Limited (EEIL) being admitted to insolvency proceedings under the provisions of the IBC, challenging the attachment orders issued by Directorate of Enforcement (ED) and raising a pertinent question that what will be the impact of a moratorium issued under Section 14 of the Insolvency and Bankruptcy Code, 2016 (IBC) would have on the powers of the Enforcement Directorate to enforce an attachment under the provisions of the Prevention of Money Laundering Act, 2002 (PMLA), Yashwant Verma, J., held that the provisions of the PMLA are not liable to be read as being subservient to the moratorium provision comprised in Section 14 of the IBC. Read More

Delhi High Court set aside conviction on non-compliance of mandatory condition u/S. 50 of NDPS Act of informing accused of his personal search in presence of Gazetted Officer/Magistrate

While deciding the instant appeal directed against the judgment of conviction and order of sentence passed by Special Court (NDPS) District Central, the Single Judge Bench of Purushaindra Kumar Kaurav, J. held that there was non-compliance of the provisions of Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) therefore, the conviction of the appellant was set aside. Read More

Delhi High Court directs Government of NCT of Delhi to ensure strict compliance of the provisions of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013

In a Public Interest Litigation filed by social activist and former Chairman of Delhi Commission for Safai Karamcharis for directing the Government of Delhi to fulfill their responsibilities towards sanitation workers, the Division Bench of Satish Chandra Sharma, CJ. and Subramonium Prasad, J. directed the Government of NCT of Delhi to strictly comply with the provisions of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013. Read More

Delhi High Court denies bail to a Nepalese citizen accused of passing sensitive information of national security to Chinese Intelligence

In a case where a Nepalese citizen moved the bail application in relation to FIR registered under Official Secrets Act, 1983 (Act) and Penal Code, 1860 (Code), the Single Judge Bench of Anu Malhotra, J. denied bail to him holding that he was accused of passing on sensitive information to the Chinese Intelligence and in of the view of the gravity of the offence affecting the national security, there was no ground for grant of bail. Read More

Delhi High Court strikes down R. 14(2)(b) of Building & Other Construction Workers Welfare Cess Rules, 1998 being ultra vires the provisions of S. 11 Building and Other Construction Workers Welfare Cess Act, 1996

In a petition filed challenging the vires of Rule 14 of Building & Other Construction Workers Welfare Cess Rules, 1998 (Rules, 1998), a Division Bench of Rajiv Shakdher and Tara Vitasta Ganju, JJ., held that that Rule 14(2)(b) of 1998 Rules is clearly beyond the powers of rule-making authority and must be struck down. Read More

Interim moratorium under S. 96 IBC in respect of one of the guarantors would not ipso facto apply against a co-guarantor; Delhi HC stays suit in view of bar under S.96 IBC

In two separate suits filed seeking recovery of amount from the defendants, being ex- promoters and personal guarantors of debt of Bhushan Steel Limited, now renamed as Tata Steel Limited, Amit Bansal J., stayed the proceedings in the present suit against defendants in view of the clear statutory mandate under Section 96 of the Insolvency Bankruptcy Code, 2016 (IBC). Read More

Delhi High Court grants ex-parte ad-interim injunction to American Eagle against Ektarfa Garments in a trademark and copyright infringement suit

In a case where application was filed under Order 39 Rules 1 and 2 read with Section 51 of the Civil Procedure Code, 1908 (Code) in a trademark and copyright infringement suit, the Single Judge Bench of Jyoti Singh, J. Passed an Order granting ex-parte ad-interim injunction to American Eagle and restraining Ektarfa Garments from selling any counterfeited products. Read More

Clarifying the scope of Rina Devi Case, Delhi High Court rules ‘Railway not liable where initial burden of bona fide passenger is not proved by claimant’

In a case, wherein an appeal was filed under Section 23 of the Railway Claims Tribunal Act, 1987 (Act) against the Order passed by the Railway Claims Tribunal (Tribunal), the Single Judge Bench of Manoj Kumar Ohri, J. held that the appellants failed to prove that the ticket was purchased by the deceased and therefore, it cannot be said that the deceased was a bona fide passenger. Read More

Delhi High Court upholds 12-year imprisonment awarded to father guilty of raping his minor daughter

In an appeal challenging the order passed by the Additional Sessions Judge convicting the Father (Appellant) under Sections 5 and 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO), the Single Judge Bench of Purushaindra Kumar Kaurav, J. upheld the judgment and order of conviction passed by the Trial Court, where the father was awarded 12-year imprisonment for raping his minor daughter. Read More

Delhi High Court awards Rs. 20 lakhs costs to Louis Vuitton in a trade mark infringement case against Club Factory

In a case where Club Factory was involved in the sale of various unauthorized/ counterfeited products, bearing the registered marks of Louis Vuitton, the Single Judge Bench of Prathiba M. Singh, J. awarded costs of Rs. 20 lakhs in favour of Louis Vuitton, though the bill placed on record showed a total claim of over Rs. 32 lakhs. Read More

Delhi High Court refers Parle-G and Britannia to Mediation; restrains Britannia from publishing print advertisements against Parle-G

In a dispute between Parle-G and Britannia regarding the video and print advertisements published against Parle-G, the Single Judge Bench of Prathiba M. Singh, J. referred Parle-G and Britannia to Mediation for settlement of the dispute and restrained Britannia from re-publishing their two print advertisements. Read More

Delhi High Court directs Delhi police to prevent prostitution rings from being conducted under the grab of massage parlours

In a Public Interest Litigation filed for directing the Delhi Police to take actions to abolish all sex rackets, the Division Bench of Satish Chandra Sharma, CJ. and Subramonium Prasad, J. directed the Delhi Police to ensure that all steps were undertaken to prevent prostitution rings from being conducted under the garb of massage parlours. Read More

Gauhati High Court

Gauhati HC refuses to consider a ‘scientific-minded’ advocate’s petition challenging constitutionality of administering oath in the name of God

While deciding this interesting writ petition praying for the issuance of the writ of Mandamus directing to set aside Section 6 Form 1 of the Oath Act, 1969 and Rule 30 Chapter IV of the Gauhati High Court Rule 2015 and declare the provisions as unconstitutional for being ultra vires the Arts. 25 and 26 of the Constitution; the Division Bench of R.M. Chhaya, C.J., and Soumitra Saikia, J., dismissed the petition stating that in the whole petition there is no whisper about the fact as to how the petitioner is affected; therefore no cause has arisen as such. However, given the general nature of the question raised in the petition, the Bench deemed it fit to keep it open. Read More

Gujarat High Court

Notice for appointment of arbitrator cannot be rejected on ground of vague material particulars

While deciding the instant petition, Aravind Kumar, C.J., said that the prayer for appointment of an arbitrator under Section 11(6) of the Arbitration and Conciliation (‘A&C’) Act, 2016 cannot be rejected on the ground that it is vague or bereft of the material particulars as Section 21 of the A&C Act does not remotely suggests that the nature of dispute has to be enumerated or explained in the notice invoking the arbitration clause. Read more

Gujarat HC declares provisions of G-DOT Guidelines mandating a domicile certificate for registration as recipient on the State list for cadaveric transplant of an organ, as illegal and unconstitutional

While deciding the instant bunch of petitions wherein the need to have a domicile certificate in order to be registered as a recipient on the State list for cadaveric transplant of an organ in Gujarat was challenged and prayer was made to declare Paragraph 13.1 and 13.10(C) of Gujarat Deceased Donor Organ and Tissue Transplantation (G-DOT) Guidelines as arbitrary, illegal and in violation of fundamental rights of the petitioners as well as citizens of India; the Bench of Biren Vaishnav J., held the impugned Paragraphs of the Guidelines to be unconstitutional, unreasonable and in violation of fundamental rights under Arts. 14 and 2 1 of the Constitution. Read More

Jharkhand High Court

Maintainability of application under S. 11(6), Arbitration and Conciliation Act, 1996 for appointment of substitute arbitrator

While allowing the application under Section 11(6), Arbitration and Conciliation Act, 1996 (Arbitration Act) for appointment of substitute arbitrator, a single judge bench of Sujit Narayan Prasad, J. held that since first arbitrator was appointed under Section 11(6) of the Arbitration Act after the applicant had exhausted all available remedies, the remedy for the appointment of a substitute arbitrator would lie under section 11(6) of the Arbitration Act. Read More

Jammu & Kashmir and Ladakh High Court

J&K and Ladakh HC refuses to quash FIRs against the media outlet Kashmiryat and Kashmir Walla for publishing an article alleging use of force by the Army for celebrating Republic Day at a school

While deciding the instant petition seeking quashment of FIR against the media outlet Kashmiryat and Kashmir Walla regarding an article on their news portal claiming that the Army had forced the school authorities of Siraj-ul-Uloom to celebrate Republic Day; the Bench of Vinod Chatterji Koul, J., held that the instant case when examined on the touchstone of law laid down by the Supreme Court, has not persuaded this Bench to grant the relief prayed for by the petitioner. It was further held that since the FIR has been registered alleging the commission of offences punishable under Sections 153, 505 IPC , which requires to be investigated by the police and during the investigation the petitioners can take the defence which may be available to them. Read More

Karnataka High Court

[Special Legislations] | POCSO Act is a Special Law which can override any Personal Law

While deciding the instant application seeking regular bail for offences under the provisions of Prohibition of Child Marriage Act, 2006* and Protection of Children from Sexual Offences Act, 2012 (POCSO), the Bench of Rajendra Badamikar, J., held that POCSO Act is a special legislation, and it overrides any personal law. Read more

“Definition of ‘victim’ as found in CrPC cannot be rendered a restrictive meaning”; Karnataka HC holds that legal heir has locus to continue the case initiated by the deceased complainant

In the instant petition for quashment, the issue arose that whether a legal heir should be permitted to come on record and prosecute the case in place of the informant or with the death of the informant, the act initiated by the informant also dies? The Bench of M. Nagappasanna, J., while relying upon several decisions rendered by the High Courts of Madras and Allahabad, inferred that a genuine victim must be permitted to come on record and the definition of ‘victim’ as found in Section 2(wa) of CrPC cannot be rendered a restrictive meaning and must be liberally construed. Read More

[Vogue Fashion Magazine v. Vogue Fashion Institute] No trademark infringement or passing off committed by the Institute, holds Karnataka HC

While deciding the instant appeal filed by ‘Vogue Institute of Management’ challenging the Trial Court’s permanent injunction restraining the appellants to use the trademark ‘VOGUE’ as a part of their name and trading style, the Bench of M.I Arun J., held that the respondent publishes an internationally acclaimed fashion magazine, whereas the appellant runs an institution pertaining to fashion technology ; since the appellant is not publishing any magazine by the name of ‘Vogue’, hence, there is no infringement of trademark Read More

Kerala High Court

Kerala High Court grants interim bail to Srilankan refugees accused of illegally immigrating to Canada via Sea

In bail applications filed by the accused persons for offences under Sections 511 and 370 read with Section 34 of the Penal Code, 1860 and Sections 14-A, 14-A(b), 14-B and 14-C of the Foreigners Act, 1946, Viju Abraham, J. granted interim bail to all the accused persons, as to obtain views and instructions from the Government regarding the detention centres, and directed the accused persons to temporarily stay in an open prison and correctional home, due to lack of detention centres. Read more

Marriage between Muslims under personal law is not excluded from the sweep of POCSO Act

In a bail application plea for the offences of kidnapping and rape of a minor Bechu Kurian Thomas, J. while dismissing the bail application, has held that the marriage between Muslims under personal law is not excluded from the sweep of the Protection of Children from Sexual Offences Act, 2012, (‘POCSO Act’). If one of the parties to the marriage is a minor, irrespective of the validity or otherwise of the marriage, offences under the POCSO Act will apply. Read More

Muslim wife can terminate marriage even without the will of the husband, by invoking ‘Khula’; Kerala High Court upholds

In a review petition arising from an appeal filed by the husband challenging a divorce decree granted to a Muslim wife under the Dissolution of Muslim Marriages Act, 1939, the division bench of A. Muhamed Mustaque* and C.S. Dias, JJ. has dismissed the review petition and has upheld that in the absence of any mechanism in the country to recognize the termination of marriage at the instance of the Muslim wife, when the husband refuses to give consent, then khula can be invoked without the conjunction of the husband. Read more

Kerala High Court set aside transfer order of Judge who made ‘sexually provocative dress’ remark; Upholding the same will have a deleterious effect on the morale of the judicial officers in the State

In an appeal filed against the judgment of a Single Judge transferring the appellant from the post of Principal District and Sessions Judge to the post of Presiding Officer of Labour Court, the division bench of A.K. Jayasankaran Nambiar and Mohammed Nias C.P. viewed that although the post of Presiding Officer of a Labour Court is one that can be filled through the deputation of a District & Sessions Judge, in practice and by convention, persons who have been posted as Principal District & Sessions Judges are not transferred and posted as Presiding Officers of the Labour Courts in the State. Read more

“Section 219 CrPC directory in nature”; Kerala High Court upholds order for dismissing accused’s application for joint trial

In a criminal miscellaneous petition challenging the order passed by the Sessions Court, wherein the Court dismissed the accused’s application for joint trial of his two criminal cases, Kauser Edappagath, J. upheld the said order stating that the victims are different, and the offences are not of the same kind, and Section 219 of the Code of Criminal Procedure (‘CrPC’) is only directory in nature, thus, there was no illegality or impropriety in the said order. Read More

Madhya Pradesh High Court

“Glorification of an accused can never be in the interest of society as well as the justice dispensation system”; Madhya Pradesh High Court cancels bail of the man projecting himself as warrior after his release from jail

While deciding an application filed for cancellation of bail of the accused who booked for cheating and other offences, Gurpal Singh Ahluwalia, J., cancelled the bail on the ground of misuse of liberty. Read More

Madras High Court

Madras High Court set aside detention order passed by District Magistrate, due to undue and unexplained delay of 14 days in considering representation

In a habeas corpus petition filed calling for the records pertaining to the order of detention passed by the District Magistrate and to set aside the same and directing the police to produce the petitioner’s father (detenu) confined in the central prison, the division bench of P.N. Prakash* and RMT. Teekaa Raman, JJ. has held that there was an inordinate and unexplained delay of 14 days in considering the representation by the said Minister, thus, impugned detention order is liable to be quashed. Read more

School Teachers cannot be blamed for suicide committed by students, without sufficient evidence

In a suicide case by a 17-year-old school boy, filed against the headmaster S.M. Subramaniam, J. has held that the teachers and headmasters may be blamed only, if there is evidence to establish that they have committed any offence or violated the code of conduct issued by the department of school education. Read more

Preventive detention laws are being misused by State; Compensation can be imposed, if there is an infraction of Article 21 of Constitution

In two writ petitions filed to issue a writ of habeas corpus against the detention orders passed by the District Magistrate and quash the same and direct the respondents to produce the body or person of the detenus, the division bench of M.S. Ramesh and N. Anand Venkatesh held that the impugned detention orders suffer from infirmity and illegality, thus set aside the same, and directed the respondent to release the detenus and pay them compensation. Read More

Sufficient material for framing charges against Senthil Balaji in cash-for-job scam; Madras High Court upholds trial court’s order

In a criminal revision petition filed by Tamil Nadu electricity minister V. Senthil Balaji to set aside the order of the Trial Court related to cash-for-job scam, V.Sivagnanam, J. found no infirmity in the said order and no reason for interference, thus dismissed the said petition and has ordered a fresh enquiry into the case involving irregularities in the appointment in State Transport Corporation. V. Senthil Balaji was functioning as Tamil Nadu Transport Corporation Minister when recruitment for the various posts were conducted in the Transport Corporations in the State of Tamil Nadu, and complaints were made that in the said appointments, various officials of the Transport Corporation colluded severally and jointly with him in the matter of appointment of candidates, in the process of recruitment and committed malpractices and irregularities by abusing their official positions. Read more

New settlement deed can be registered only on the presentation of a non-traceable certificate and police complaint in case of loss of a parent document; Madras High Court reiterates

In a writ petition filed, under Article 226 of the Constitution of India for the issuance of a Certiorarified Mandamus to call for records pertaining to the impugned order of the sub-registrar as arbitrary, illegal, and without jurisdiction and quash the same, V. Bhavani Subbaroyan, J. while dismissing the writ petition, upheld the order of the sub-registrar and directed the petitioner to produce a police complaint, a non-traceable certificate, and a paper publication regarding missing original parent document and certified copy of the document for its registration. Read more

Madras High Court issues directions for making High Court and City Civil Court premises plastic free zone

In a review application seeking compliance for disposal of plastic wastes and other items that are likely to cause pollution to the environment and usage of alternatives, the division bench of S. Vaidyanathan and P.T. Asha, JJ. directed all the officials to implement in letter and spirit the directions issued by the Government periodically to achieve a plastic-free society. Read more

Jurisdiction under Article 227 cannot be exercised as a measure of self-imposed restriction by-passing statutory remedies under D.V. Act

The full bench of P.N. Prakash, Teekaa Raman and A.D Jagadish Chandira, JJ. held that the jurisdiction under Article 227 of the Constitution will not be exercised, as a measure of self-imposed restriction, by-passing the statutory remedies under the D.V. Act. Further, it will be open to the respondent in a domestic violence case to appear in response to the notice and urge all such grounds, as may be open to him in law, before the Magistrate. If any party is aggrieved by an order passed by the Magistrate thereafter, he/she can pursue the remedy of a statutory appeal before the Sessions Court under Section 29 of the D.V. Act. Read More

Preventive detention laws are being misused by State; Compensation can be imposed, if there is an infraction of Article 21 of Constitution

In two writ petitions filed to issue a writ of habeas corpus against the detention orders passed by the District Magistrate and quash the same and direct the respondents to produce the body or person of the detenus, the division bench of M.S. Ramesh and N. Anand Venkatesh held that the impugned detention orders suffer from infirmity and illegality, thus set aside the same, and directed the respondent to release the detenus and pay them compensation. Read more

Once UAPA charges quashed, accused cannot be denied bail on ground that criminal conspiracy under Section 120-B IPC attracts the offence punishable under the provisions of UAPA

In an appeal against the order passed by the Special Court rejecting the appellant’s bail, the division bench of P.N. Prakash and RMT. Teekaa Raman did not support the reason provided by the Special Court for rejecting the bail application. Read More

Scope of Article 338 of the Constitution cannot be expanded for interfering with the routine administrative affairs of the employer, governed under the service rules

In a writ petition filed by Life Insurance Corporation of India (‘LIC’) against the order passed by the National Commission for Scheduled Caste (‘NCSC’) to quash the same as being illegal, arbitrary and unjust, S.M. Subramaniam, J. held that the said order issued by the NCSC amounts to interference in the administrative prerogative of the LIC, which is impermissible under Article 338 of the Constitution. Thus, it is liable to be quashed. Read More

Meghalaya High Court

Act of mutual affection between young boyfriend and girlfriend cannot equate with ‘Sexual Assault’ under POCSO Act; Meghalaya High quashes FIR

While quashing the FIR and the resultant criminal proceedings under POCSO Act, 2012, W. Diengdoh, J., held that ‘Sexual Assault’ under POCSO Act, 2012 cannot be attributed to an act where there is mutual love and affection between young boyfriend and girlfriend. Read More

Orissa High Court

Orissa High Court issues contempt notice to the President of Tangi Bar Association for abusing a Judicial Magistrate

The division bench comprising of S. Talapatra and S.K. Panigrahi, JJ. directed for the issue of notice to the President of Tangi Bar Association, seeking reply on framing of criminal contempt charges against him for abusing and threatening the Judicial Magistrate and interfering with the due course of judicial proceedings. Read more

Sanction 197 of CrPC for taking cognizance on having ‘reasonable nexus’ with official duty

In a criminal miscellaneous petition filed under Section 482 of the Code of Criminal Procedure, 1973 (‘Code’) challenging the legality and judicial propriety of the impugned order of cognizance, on the ground that it is not tenable in law and hence, liable to be quashed in the interest of justice, R.K. Pattanaik, J. has held that the petitioner seized the vehicle at the behest of another person who was not pulling well with the opposite party, and which could amount to the commission of offences connected to the official duty or having nexus with the investigation and hence, sanction should have been insisted upon before proceeding with the complaint by the Lower Court. Read More

Patna High Court

Sections 2, 3, 4 and 5 of Bihar Municipal (Amendment) Act, 2021 run contrary to Bihar Municipal Act, 2007 and 74th Constitutional Amendment Act, 1992; held unconstitutional

A Division Bench of Sanjay Karol, C.J. and S. Kumar, J. declared Bihar Municipal (Amendment) Act, 2021 as unconstitutional to the effect of amendments carried out in Sections 36, 37, 38 and 41 of the Bihar Municipal Act, 2007, by virtue of amending Sections 2, 3, 4 and 5. Read more

Punjab and Haryana High Court

Denial of Appointment held unjustified; Punjab & Haryana High Court directs State to issue a letter of appointment within a period of 8 weeks

While allowing the instant petition, preferred by the petitioner against the impugned order dated 19-01-2017 wherein the petitioner was declared unfit for the post of Constable, Jaishree Thakur, J., held that denial of appointment is unjustified and directed the respondents to issue letter of appointment within a period of 8 weeks. Read More

Punjab and Haryana High Court directs Medical Termination of Pregnancy of minor rape victim

While deciding the writ petition, a single judge bench of Vinod S. Bhardwaj, J., has directed the Medical Board to terminate more than 24 weeks old pregnancy of minor rape victim. Read More

Rajasthan High Court

Love affair traversed beyond the legal and moral bounds; Rajasthan High Court quashes Rape and POCSO case against the 22-year-old

The Court exercising its inherent powers under Section 482 of Criminal Procedure Code (Code), quashed the First Information Report (FIR) registered under the provisions of Section 376 of Indian Penal Code (IPC) and Sections 3 and 4 of the Protection of Children from Sexual Offences Act (POCSO Act) against a 22-year-old man for impregnating a minor. Read More

Telangana High Court

“Minor child interested in staying with natural parents only”; Telangana High Court directs Child Welfare Committee to handover the custody of minor child to natural parents, giving visitation rights to foster parents

While deciding a case, wherein, a writ of habeas corpus was filed seeking to direct the respondents to produce the minor child, namely, Nilapu Akhil, before this Court and hand over the custody of the minor child to the petitioner, the Division Bench of A. Abhishek Reddy and Juvvadi Sridevi, JJ. held that the minor child was not in illegal custody and directed the Child Welfare Committee to hand over the minor child to his natural parents. Read More

Objecting husband from taking care of his parents would amount to cruelty and consequently lead to divorce by the Family Court

In a case where the offences alleged against the petitioners under Section 498-A of the Penal Code, 1860 (IPC) and Sections 3 and 4 of the Dowry Prohibition Act, 1961 (the Act), the Court opined that objecting the husband (Petitioner 1) from taking care of his parents (Petitioner 2 and 3) would amount to cruelty and consequent to the grant of divorce by the Family Court. Read More

Tripura High Court

Section 63 of the NDPS Act does not bar owner from seeking release of confiscated vehicle after the expiry of 30 days

The Single Judge Bench of S.G. Chattopadhyay, J., clarified that when a vehicle is confiscated as per the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter “the NDPS Act”) then in case, no owner comes forward to claim the ownership of the vehicle within 30 days, the court may pass an order directing the Drug Disposal Committee for disposal of the vehicle by sale. In no way does it bar the owner from approaching the court and filing an application for releasing the vehicle after expiry of 30 days. Read more

Uttaranchal High Court

Commercial Court cannot modify arbitral award in absence of manifest and patent error/illegality

The Division Bench of Sanjaya Kumar Mishra and Ramesh Chandra Khulbe, JJ. allowed appeals filed by the Contractor under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter “the Act”) and held that judgments passed by the Additional. District Judge, Commercial Court, Dehradun are liable to be set aside as it committed an error by partly upholding the award of the Arbitral Tribunal disallowing the three claims of the Contractor. Read More

Word “appears” under Section 319 CrPC has great significance; Higher level of satisfaction than mere prima facie case is required for summoning of an accused

While allowing the revision petitions, the single judge bench of Ravindra Maithani, J. has held that Sessions court has erred in summoning the revisionists to answer the accusations under Section 319 of Criminal Procedure Code, 1973 (CrPC) as no prima facie case is made out against the revisionists. Read More

Appointee cannot claim right to continue to the next phase of project when appointment was purely on temporary and co-terminus basis

A Division Bench of Vipin Sanghi, C.J. and Ramesh Chandra Khulbe, J. dismissed a petition wherein the petitioner had argued that National Geotechnical Facility (hereinafter “NGF”) issued the advertisement for the permanent post of Scientist ‘B’ for Project-NFG Phase-I and hence, he had the right to continue in the Phase-II project as Scientist ‘B’. The Court held that as the petitioner was appointed purely on temporary and co-terminus basis for Phase-I project, his termination from the said post cannot be held to be illegal. Read More


*Arunima Bose, Editorial Assistant has curated this.

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