Allahabad High Court
‘Trial Court has taken custody of accused without following the settled proposition of law’; Allahabad High Court grants bail to accused in PMLA case
In a bail application plea filed by the accused for the offences under Sections 3 and 4 of the Prevention of Money Laundering Act, 2002, Rajesh Singh Chauhan, J held that the Trial Court has taken custody of the accused without following the settled proposition of law in Aman Preet Singh v. C.B.I., 2021 SCC OnLine SC 941 and Satender Kumar Antil v. CBI, (2022) 10 SCC 51 Read more
[Govind Prakash Pandey v Directorate of Enforcement Govt. India]
Whether the statement of deceased to the police and treating doctors pass the test of dying declaration? Allahabad High Court answers
In a bail application filed by the accused for offences under Sections 498-A, 323, 302 of the Penal Code, 1860 (‘IPC’) and Section 3 read with Section 4 of Dowry Prohibition Act, Krishan Pahal, J. by considering the fact that the investigating officer has fairly exonerated those accused who were named in FIR, but their names were absent in statements of the deceased that tantamount to the dying declaration and that a young lady has been set to fire by the accused within the precincts of the place they both used to live, rejected the bail application plea of the accused. Read more
[Anees v. State of UP, 2023 SCC OnLine All 53]
False implication in sexual offences is on a rise, thus inordinate delay in lodging FIR has to be considered at the time of adjudicating bail: Allahabad High Court grants bail to persons accused of Rape
In bail applications pleas filed by the accused persons for offences under Sections 376-D, 342 and 506 of the Penal Code, 1860 (‘IPC’) Krishan Pahal, J without expressing any opinion on the merits of the case, viewed that the accused persons have made out a case for bail. Thus, granted them bail. Read more
[Sandeep Kumar Mishra v State of U.P.]
Allahabad High Court| Paramedical Council cannot be permitted to grant recognition to institutions providing Paramedical Courses
In a writ petition filed by the Paramedical Council of India (‘PCI’) for directing the Union to permit it to function as Paramedical Council to grant recognition and to register the Institutions, imparting education in the field of Paramedical Courses, until the formation of any regulatory body for paramedicals by the Union, and not to interfere in peaceful functioning of PCI in imparting the paramedical education and training, the division bench of Surya Prakash Kesarwani and Jayant Banerji, JJ held that, given the mandate of the NCAHP Act in general and of Section 40 of the Act in particular, PCI cannot be permitted to grant recognition to institutions imparting education and training or register any such institution, except in accordance with, and to the extent permissible under the scheme and terms of the Act. Read more
[Paramedical Council of India v Union of India, 2023 SCC OnLine All 43]
Who is competent to lodge FIR as per S.4 of U.P. Prohibition of Unlawful Conversion of Religion Act?: Allahabad High Court explains
In a writ petition seeking quashing of the First Information Report (‘FIR’) for the offences under Sections 420, 467, 468, 506, 120-B of the Penal Code, 1860 (‘IPC’) and Section 3 read with Section 5(1) of U.P. Prohibition of Unlawful Conversion of Religion Act, the division bench of Anjani Kumar Mishra and Gajendra Kumar, JJ. held that the impugned FIR in the instant writ petition is lodged by a competent person and contains ingredients of a cognizable offence. Thus, it is not liable to be quashed. Read more
[Jose Prakash George v State of UP, Criminal Misc. Writ Petition No. 1814 of 2023]
Allahabad High Court quashes criminal proceedings against Senior Advocate Salman Khurshid for uttering offending sentence against Yogi Adityanath
In an application filed by Salman Khurshid under Section 482 of Code of Criminal Procedure, 1973 (‘CrPC’) seeking quashing the charge-sheet as well as the cognizance/summoning under Sections 153-A, 171-G of the Penal Code, 1860 (‘IPC’) and Section 125 of the Representation of the People Act, 1951, Dinesh Kumar Singh, J. said that in view of the context in which Salman Khurshid uttered the offending sentence, and his regret for his comment, the continuation of the impugned proceedings against him would not be justified. Thus, the Court quashed the entire proceedings of the Sessions Trial. Read more
[Salman Khurshid v. State of U.P, 2023 SCC OnLine All 52]
Special Courts under SC/ST Act can order lodging of FIR and pre-trial proceedings, under Section 156(3) of CrPC: Allahabad High Court reiterates
In a writ petition filed to quash an order passed by the Exclusive Special Court, Pratapgarh, wherein police was directed to lodge an First Information Report (‘FIR’) and investigation as per Sections 156(3) and 190 of Criminal Procedure Code, 1973, (‘CrPC’) for offences under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (‘SC/ST Act’), the Division bench of Rajan Roy* and Sanjay Kumar Pachori, JJ., reiterated that even in absence of a specific provision, the Exclusive Special Courts and Special Courts established under the SC/ST Act, 1989, can exercise original criminal jurisdiction under CrPC,subject to proviso of Section 14(1) of the Act, and order lodging of FIR. Read more
[Gyanendra Maurya v. Union of India, 2023 SCC OnLine All 46]
Women cannot commit rape, but if she facilitated the act of rape with a group, she may be prosecuted for gang rape: Allahabad High Court
In an application filed under Section 482 of Code of Criminal Procedure, 1973 (‘CrPC’) against the order dated 03-12-2018, whereby the applicant has been summoned to face trial for offences under Section 376-D, 212 of the Penal Code, 1860 (‘IPC’) Shekhar Kumar Yadav, J held that a women cannot commit the offence of rape, but if she facilitated the act of rape with a group of people then she may be prosecuted for gang rape in view of the amended provisions. Read more
[Suneeta Pandey v. State of UP, 2023 SCC OnLine All 44]
Pensionary benefit to “part time tube well operators” cannot be granted from date of granting pay parity with regular operators; Allahabad High Court reiterates
In a bunch of petitions filed relating to the reckoning of dates for the purpose of computation of ‘qualifying service’ for grant of pensionary benefits to an employee having being regularised to a post, Om Prakash Shukla, J. held that ‘qualifying service’ for the purpose of pension shall be reckoned of the writ petitioners’ from the date, when they had been regularised in the regular post as tube well operator. Further, they shall not be entitled to the old pension scheme, as the pension scheme in vogue at the time of their respective regularisation was the New Pension Scheme. Read more
[Sajeevan Lal v. State of U.P., 2023 SCC OnLine All 23]
Allahabad High Court| No CIC charges can be demanded from the company, if there is merely a change in name of the allottee company and no change in shareholding
In a writ petition filed against the demand notice issued by the Manager (Industries), Greater Noida and the consequential proceedings initiated against the petitioner on the premise that there is a change in the shareholding of the allottee company and, as such, the petitioner is liable to pay change in the shareholding charges (‘CIS charges’) as per the policy of Greater Noida, the division bench of Sunita Agarwal and Vipin Chandra Dixit, JJ. held that no CIC charges can be demanded from the petitioner company, if there is merely a change in the name of the original allottee/leasee company and there is no change in the ownership or shareholding of the allottee company. Thus, the demand notice is illegal and contrary to the policy of the Greater NOIDA promulgated by the office order dated 13-7-2021. Read more
[Covestro (India) Pvt. Ltd v. State of U.P., 2023 SCC OnLine All 41]
Magistrate cannot summon accused on a printed proforma without assigning any reason nor can take cognizance on police report without applying judicial mind, Allahabad High Court reiterates
In an application filed under Section 482 of the Code of Criminal Procedure (‘CrPC’) for quashing the entire criminal proceedings for the offences under Section 363, 366 of the Penal Code (‘IPC’) and Sections 16 and 17 of Protection of Children from Sexual Offences Act, 2012, (‘POCSO’) , Shamim Ahmed, J. held that it is explicitly clear that the order passed by the Magistrate is cryptic and does not stand the test of the law laid down by the Supreme Court. Consequently, the cognizance/summoning order cannot be legally sustained, as the Magistrate failed to exercise the jurisdiction vested in him resulting in miscarriage of justice. Further, remitted back the matter to the Magistrate and directed him to decide afresh the issue for taking cognizance and summoning the applicants and pass appropriate orders in accordance with law. Read more
[Krishna Kumar v. State of UP, 2023 SCC OnLine All 38]
Bombay High Court
Bombay High Court refuses to interfere with arbitration award for consolidated claims
In a Commercial Arbitration Petition challenging the consolidation of claims arising out of nine separate contracts by the arbitrator, Manish Pitale, J. dismissed the petition while refusing to interfere with the impugned arbitration award. The Court considered the question of whether an arbitration award is liable to be set aside because disputes arising out of nine contracts were consolidated and a single statement of claim was entertained and allowed. Read more
[BST Textile Mills Pvt. Ltd. v. The Cotton Corporation of India Ltd., 2023 SCC OnLine Bom 318]
‘Procedural difficulties may affect quantum of compensation, not validity of land acquisition’; Bombay High Court refuses to interfere with proceedings of land acquisition
In a writ petition seeking a declaration that the impugned Amendment viz. Section 3 of the Fair compensation (Maharashtra amendment) Act, 2018 is repugnant to and does not prevail over the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (‘Fair Compensation Act’) and is ultra vires Article 14, 254(1) and 300-A of the Constitution of India and is void ab initio., the bench of R.D. Dhanuka* and M.M. Sathaye, JJ. dismissed the same refusing to interfere with the proceedings of land acquisition for Bullet Train Project. Read more
[Godrej & Boyce Manufacturing Co. Ltd. v. State of Maharashtra, 2023 SCC OnLine Bom 341]
Bombay High Court grants Rs 5 lakhs compensation to a cleaner who worked for 26 years for paltry wages
In a writ petition seeking inter alia relief of regularisation and all service benefits, the division bench of M.S. Sonak* and Bharat P. Deshpande, JJ. denied the relief of post facto regularisation. and directed the State to pay Rs. 5 lakhs to compensate the petitioner for violating her rights. Read more
[Joaquina Gomez E. Colaco v. State of Goa, 2023 SCC OnLine Bom 285]
Bombay High Court refuses to exercise power under Art 226 and deprecates filing another petition when it failed to get relief from Delhi High Court
In a petition filed by MEP Infrastructure Developers Limited (MEPIDL) (petitioner) challenging the impugned notices and warrants of distress issued by South Delhi Municipal Corporation (MCD) (respondent), for recovery of a large sum of money that is due from MEPIDL, a division bench of G S Patel and S G Dige, JJ., refused to exercise discretionary powers Article 226 because granting relief to MEPIDL would be entirely inequitable in the facts and circumstances of the case. Read more
[MEP Infrastructure Developers Limited v. South Delhi Municipal Corporation, 2023 SCC OnLine Bom 306]
Bombay High Court directs State police to stop conducting mock drills depicting persons of Muslim religion as terrorists
In a PIL filed by the petitioner who is a social activist highlighted the issue of conduct of mock drills by the Police Department depicting attire and shouting slogans as if to indicate that the terrorist is a Muslim, a division bench of Mangesh S Patil and S G Chapalgaonkar, JJ., restrained State Police from conducting mock drills depicting persons of a particular community as terrorists. Read more
[Sayed Usama v. State of Maharashtra, 2023 SCC OnLine Bom 303]
‘Body Building Competition’ a secular and neutral activity; Bombay High Court quashes communication by Kalyan-Dombivali Municipal Corporation for being arbitrary and bad-in-law
While addressing a Writ Petition challenging the withdrawal of permission for organising a Body Building Competition on the ground of code of conduct issued by the Election Commission of India (‘EC’), the division bench of Sunil B. Shukre* and M.W. Chandwani, JJ. held the impugned communication by Kalyan-Dombivali Municipal Corporation (‘KDMC’) is arbitrary and bad-in-law, which deserves to be quashed and set aside. Read more
[Vijay Jagannath Salvi v. Kalyan Dombivali Municipal Corporation, 2023 SCC OnLine Bom 283]
Bombay High Court| Procedure of constitution of the Arbitral Tribunal is overshadowed by MSMED Act, but does not eclipse the agreement between parties in case of exclusive jurisdiction
In a petition filed by Gammon Engineers & Contractors Pvt. Ltd. under Section 34 of the Arbitration Act, 1996 challenging an award passed by the Facilitation Council for Arbitration constituted under the Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act) on grounds of territorial jurisdiction to entertain the petition and being barred by the period of limitation, Manish Pitale, J., sets aside the impugned award being against the fundamental policy of Indian Law. Read more
[Gammon Engineers and Contractors Pvt. Ltd. v. Sahay Industries]
Calcutta High Court
There is a difference between false promise to marry and breach of promise to marry; Calcutta High Court quashes offence of Rape
While deciding a petition under S. 482 of the Code of Criminal Procedure for quashing a criminal proceeding under Ss. 376, 417, 420, 406, 506 and 34 of the Penal Code, 1860, Rai Chattopadhyay*, J. quashes the criminal proceeding by making distinction between false promise of marriage and breach of promise to marry. Read more
[Dipak Banki v. State of W.B., 2023 SCC OnLine Cal 320]
Breach of Contract does not give rise to cause of action for Criminal Breach of Trust: Calcutta High Court reiterates
While deciding a revision petition, Tirthankar Ghosh*, J. held that no offence under Ss. 417 and 426 of the Penal Code, 1860 can be made out from the alleged transactions and a case for recovery can be made out from nature of such transactions, cloaking any criminal proceeding. Read more
[Rishipal Ruhil v. Kotak Mahindra Bank Ltd., 2023 SCC OnLine Cal 285]
Delhi High Court
Delhi High Court | Uniform for advocates to have white band not black ties; Interns to wear white shirt and black ties along with black pants and black coats
In a petition filed by a second-year law student, Hardik Kapoor who is stated to be working as an intern, challenging the impugned notice/circular dated 24-12-2022 issued by Secretary Shahdara Bar Association, Karkardooma Court Complex, Delhi, Prathiba M Singh, J., clarified that the uniform for advocates appearing before any Court right from the City Civil Courts, Sessions Court, District Courts, High Courts and the Supreme Court would be white bands and not black ties, along with their other uniform as prescribed and interns can enter court complexes with a white shirt and black ties along with black pants and black coats. Read more
[Hardik Kapoor v Bar Council of India, 2022 SCC OnLine Del 4258]
Delhi High Court allows late registration of a class XI student for Board exams with CISCE subject to payment of pending fees
In a petition filed by Eshita Bashist (petitioner) who is a student of Hopetown Girls School (respondent 2) in Dehradun seeking a direction to Council for the Indian School Certificate Examination (CISCE) (respondent 1) to allow registration of the petitioner girl candidate for the Indian School Certificate Examination which has been rejected for non-payment of fees, Mini Pushkarna, J., held that subject to the petitioner depositing the up-to-date school fees for the current academic session within a period of 10 days, the school is directed to send the appropriate application with necessary recommendations to the CISCE expeditiously. Read more
[Eshita Bashisht v The Council for the Indian School Certificate Examination]
Delhi High Court clarifies the position of Res Judicata with respect to Section 11 of the Arbitration Act
While dealing with an arbitration petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (‘Act of 1996’), the single judge bench of V. Kameswar Rao, J., held that the present petition filed by the petitioner was not maintainable inter se parties, as the issue of appointment of an arbitrator had attained finality with the order passed by Supreme Court in United India Insurance Company Limited v. Antique Art Exports Pvt. Ltd., (2019) 5 SCC 362 (‘Antique Art Export’). Read more
[Antique Art Export Pvt. Ltd. v United India Insurance Company Ltd]
Delhi High Court directs the Ministry of Science and Technology to release scholarship amount under the INSPIRE Scheme along with Rs. 50,000 as costs, for denying scholarship to an EWS student
In a case wherein a petition was filed seeking directions to the respondents to release/pay third installment of the petitioner’s scholarship under INSPIRE Scheme and for payment of compensation and damages for mental harassment and loss of career of the petitioner, a Single Judge Bench of Prathiba M. Singh, J. noted that the petitioner being from an economically backward section had to discontinue studies after B.Sc. due to non-award of the scholarship and therefore directed the respondent to release Rs. 60,000 along with simple interest of 6%. The Court further awarded Rs. 50,000 as costs to the petitioner which were to be paid by the respondents. Read more
[Vikash Shukla v. Ministry of Science and Technology]
Agnipath has an objective of creating an Armed Force which is agile, youthful, physically fit, and mentally alert; Delhi High Court upholds the constitutional validity of Agnipath scheme
In a batch of 21 petitions filed by the petitioners challenging the constitutional validity of the Agnipath Scheme and registering the grievances of the Petitioners that the impugned Scheme has taken away their rights insofar as they have participated in the recruitment process and many of them have been shortlisted but have not been appointed due to the impugned Scheme. A division bench of Satish Chandra Sharma CJ., and Subramonium Prasad, J., held that the stated objective of the Government is neither discriminatory nor mala fide, or arbitrary, thus, this Court finds no reason to interfere with it. The Court further held that the Petitioners have no vested right to seek recruitment, and the doctrine of promissory estoppel and legitimate expectation find themselves severely restricted by the overarching concerns of public interest. Read more
[Harsh Ajay Singh v Union of India]
[JEE Advanced 2022] Delhi High Court allows a meritorious EWS student to continue his course against a supernumerary seat provisionally allotted on default of seat allocation fee payment
In a petition filed by Shubham Chauhan (petitioner), a deserving and meritorious student belonging to the Economically Weaker Section (EWS) quota being aggrieved by the cancellation of his provisionally allotted seat, on account of his failure to pay the seat acceptance fee by the deadline, Vikas Mahajan J., held that the court cannot issue a direction to the Respondent to allot a seat to the Petitioner despite the Petitioner having failed to deposit the seat acceptance fee on time. However, the Court directed the respondent to allow the Petitioner to continue in the Mathematics and Computing (five years integrated Master of Technology) Programme at IIT (ISM) Dhanbad (Respondent 4) against a supernumerary seat. Read more
[Shubham Chauhan v Union of India]
[Right to Way] Delhi High Court permits demolition of parts of Mandir and Masjid to make the pedestrian pathway uniform
In a case wherein a petition was filed by the caretakers and bearers of the Sanatan Dharam Mandir/Prachin Shiv Mandir to challenge the letter issued by the Executive Engineer, Civil, GNCTD directing removal of encroachments and unauthorized occupation of PWD land, a Single Judge Bench of Prathiba M. Singh, J. opined that the larger public interest would outweigh the concerns raised by both the places of worship, that is, Mandir and Masjid and therefor, permitted demolition of parts of Mandir and Masjid to make the pedestrian pathway uniform. Read more
[Devendra Kumar v. State (NCT of Delhi)]
‘NOVAEGIS’ is phonetically identical and deceptively similar to ‘NOVARTIS’; Delhi High Court grants ad-interim injunction in favour of ‘NOVARTIS’
In a trade mark infringement suit between ‘NOVARTIS’ and ‘NOVAEGIS’, a Single Judge Bench of C. Hari Shankar, J. held that a prima facie case of deceptive similarity between the marks of the plaintiffs and the defendant was made out and thus, granted ad-interim injunction in favour of ‘NOVARTIS’. Read more
[Novartis AG v. Novaegis (India) (P) Ltd]
Delhi High Court dismisses PIL seeking a direction to conduct a “Special Audit” of all the financial affairs of Delhi Sikh Gurdwara Management Committee and Guru Harkrishan Public School (New Delhi) Society
In a PIL filed by the petitioners seeking i) declaration of the provisions of Section 29 of the Delhi Sikh Gurdwara Act, 1971 (DSG Act) as unconstitutional ii) a direction to the Delhi Sikh Gurdwara Management Committee (Committee) and Guru Harkrishan Public School (New Delhi) Society (GHPS) to ensure conducting the yearly audit of the entire financial accounts of the Committee and GHPS Society through Comptroller and Auditor General of India (CAG); iii) a direction to the same Committee and GHPS Society to act in adherence to Section 29 and Section 30 of the DSG Act; iv) direction to the CAG to conduct the “Special Audit” of the Committee and GHPS Society, amongst other reliefs. A Division Bench of Manmohan and Saurabh Banerjee, JJ., held that the present PIL is neither maintainable in law nor on facts as the petitioners are unable to make out any case for grant of the reliefs as prayed. Read more
[Bhupinder Singh v. Lt. Governor of Delhi, 2023 SCC OnLine Del 962]
Delhi High Court permits Kabaddi players to travel to Iran to participate in Junior World Kabaddi Championship (Boys) after SAI rejected participation on medical grounds
In a petition filed by Mr. Rohit Kumar (petitioner 1) s/o Mr. Surender Singh and Mr. Narender (petitioner 2) S/o Mr. Hoshiyar Singh, who are both Kabaddi players and were selected for Junior World Championship (Boys) which is scheduled to commence on 26-02-2023 at Urmia, Iran. In the instant petition, the petitioners are challenging the rejection order on medical fitness grounds based on a medical test conducted by the Sports Authority of India (SAI). Prathiba M Singh, J., held that the prescriptions for both players are identical and do not inspire the confidence of the Court, thus, the Court permitted the petitioners to participate and represent India in the Junior World Championship (Boys), in Iran as they have recovered as per medical advice. Read more
[Rohit Kumar v. Union of India]
Whether uploading of 10th certificate instead of Aadhaar card amount to ‘incorrect information’ rendering cancellation of the candidature? Delhi High Court rules
In a petition filed by the petitioner seeking quashing of the result dated 15-07-2022 to the extent that he has been declared failed in document verification examination by Respondent 2 and further seeking to set aside the cancellation of his candidature for recruitment in the Indian Coast Guard as Navik (GD), a division bench of Sanjeev Sachdeva and Vikas Mahajan, JJ., directed the respondents to permit the petitioner to participate in Stage II of the advertisement that has been issued in August/ September 2022 as there was no deliberate intent on the part of the petitioner in uploading any incorrect document. However, the petitioner shall not be entitled to any seniority or other benefits. Read more
[Neeraj Sharma v UOI, 2023 SCC OnLine Del 923]
Delhi High Court directs appearance of Hospital for not adhering to strict timelines under Transplantation of Human Organs Act, 1994
In an unfortunate case, wherein the petitioner, while seeking organ donation and during the pendency of the Hospital’s decision, had passed away, a Single Judge Bench of Prathiba M. Singh, J. opined that strict timeline prescribed under the Transplantation of Human Organs Act, 1994 (“the Act”) were not being adhered to in taking decisions relating to organ transplant. Therefore, the Court directed the appearance of the Hospital on the next date of hearing, failing which costs would be imposed and held that no further adjournments would be granted in the present case. Read more
[Amar Singh Bhatia v. Sir Ganga Ram Hospital, 2023 SCC OnLine Del 996]
Delhi High Court dismisses PIL filed praying for an amendment in Delhi Prison Rules, 2018 to allow visit of the legal counsel to their clients in Delhi prisons more than twice a week
In a PIL filed challenging Rule 585 of the Delhi Prison Rules, 2018 and seeking an amendment of Rules to include interviews with legal advisers be open from Monday to Friday for an appropriate allotted time with no cap on interviews per week, a division Bench of Satish Chandra Sharma, CJ., and Subramonium Prasad, J., held that the Court is not inclined to pass any order issuing a writ of mandamus, however, keeping in view the fact that the present PIL is not adversarial litigation, and the petition was filed in the interest of prisoners, the bench permitted the petitioner to give a representation to the State providing suggestions, which the bench expects that the State will consider in the right spirit. Read more
[Jai A Dehadrai v GNCTD, 2023 SCC OnLine Del 960]
Delhi High Court dismisses WinZO’s plea against Google LLC’s download warning
In a case wherein the application was filed under Order 32 Rules 1 and 2 of the Civil Procedure Code, 1908 seeking to restrain the defendants from displaying any warning against the use of the gaming platform/application ‘WinZO Games’ of the plaintiff on the Android Operating System(s), a Single Judge Bench of Amit Bansal, J. dismissed the application and held that Google LLC’s warning was a mere disclaimer and would not result in trade mark infringement as the warning did not constitute ‘use of the trade mark in the course of trade’ within the meaning of Section 29(4) of the Trade Marks Act, 1999 (“Act”). Read more
[Winzo Games (P) Ltd. v. Google LLC, 2023 SCC OnLine Del 907]
Delhi High Court directs Union to release of Rs. 5 crores to AIIMS, Delhi for treatment of children suffering from Rare Diseases
In a petition filed by the petitioners who are mostly children suffering from Rare Diseases claiming that medicines and therapies for the said diseases are exorbitantly expensive, Prathiba M Singh, J., directed that a sum of Rs.5 crores shall be immediately released by the Union of India to AIIMS, Delhi to ensure that the treatment of children, where it has already commenced, is not stopped due to lack of funds. Read more
[Master Medhansh Jhawar v Rajesh Bhushan, 2023 SCC OnLine Del 899]
Delhi High Court lays down guidelines for convicts suffering work related amputation or life-threatening injury in jail
In a case wherein the petitioner prayed for directing the respondent to provide functional prosthesis for regular working of the amputated fingers of right hand at state expense and for granting him compensation for the loss suffered by him, a Single Judge Bench of Swarana Kanta Sharma, J. laid down certain guidelines in relation to a convict suffering work related amputation or life-threatening injury, that would remain in place until necessary guidelines in this regard were formulated, or rules were made or amended. Read more
[Ved Yadav v. State (NCT of Delhi), 2023 SCC OnLine Del 943]
Delhi High Court upholds LOC issued by SFIO for alleged siphoning off public funds of public sector banks and financial institutions
In a petition filed by the petitioner challenging the issuance of the Look Out Circular (LOC) against him by the Serious Fraud Investigation Office (SFIO) (respondent 2) for his alleged involvement with the promoters in order to defraud the public institutions in India of a large sum of monies, Prathiba M Singh, J., held that the funds amounting to approximately Rs. 1,400 – Rs. 1,700 crores belonging to public sector banks and financial institutions are at stake, thus, it would be in the larger public interest as well as economic interest of India to not exercise discretion in favour of the petitioner. Read more
[Ghanshyam Pandey v Union of India, 2023 SCC OnLine Del 936]
Delhi High Court directs BSNL to initiate departmental action against officers on allegations of criminal conspiracy relating to Cellular Mobile Network’s Phase-VII Expansion tender
In a petition filed by the petitioner, a society working towards protecting the interests of consumers in the telecom sector, seeking direction to the Central Bureau of Investigation (CBI) to investigate a complaint dated 11-03-2016, sent by the petitioner to the CBI alleging a criminal conspiracy between some officials of Bharat Sanchar Nigam Ltd (BSNL) & Chinese vendor M/S ZTE Telecom Ltd. in relation to a tender invited by the BSNL for Planning, Engineering, Supply, Installation, Testing, Commissioning and Annual Maintenance of 14.37 million Lines for Phase-VII Expansion of GSM/UMTS Based Cellular Mobile Network in North, East & South Zones, a division bench of Satish Chandra Sharma, CJ., and Subramonium Prasad, J., directed BSNL to initiate departmental action, as suggested by the CBI, against its officers without giving any opinion on the merits of the case. Read more
[Telecom Watchdog v Central Bureau of Investigation, 2023 SCC OnLine Del 759]
[IBC] Statutory authorities chose not to submit their proof of claim; Delhi High Court quashes show cause issued by Directorate of Revenue Intelligence
In a petition filed by the petitioner, Sree Metaliks Limited (‘SML’) challenging the show-cause notice issued by the Additional Director General (ADG), Directorate of Revenue Intelligence (DRI), Zonal Unit, Hyderabad (Respondent 2), because it has been issued after the Resolution Plan framed under the aegis of the National Company Law Tribunal, Kolkata Bench (NCLT) received the imprimatur of the National Company Law Appellate Tribunal (NCLAT), a division bench of Rajiv Shakdher and Taravitasta Ganju, JJ., quashed the impugned show cause notice by relying on the judgment and legal position enunciated in Ghanashyam Mishra & Sons Pvt. Ltd. v. Edelweiss Asset Reconstruction Company Ltd., (2021) 9 SCC 657. The Court made clear that the issuance of the impugned show-cause notice is an exercise in futility as despite knowledge, the statutory authorities chose not to submit their proof of claim and later issue show cause. Read more
[Sree Metaliks Limited v. Additional Director General, 2023 SCC OnLine Del 941]
KFC cannot have exclusive right in the word “CHICKEN”; Delhi High Court directs Trade Mark Registry to instead consider application for advertisement of the mark “CHICKEN ZINGER” in Class 29
In a case wherein an appeal was filed against the order of refusal for registration of the mark “CHICKEN ZINGER” by the Senior Examiner of Trade Marks, a Single Judge Bench of Sanjeev Narula, J. held that KFC did not have any exclusive right in the word “CHICKEN” but the Trade Mark Registry could proceed for advertisement of application for the mark “CHICKEN ZINGER” in Class 29. Read more
[Kentucky Fried Chicken International Holdings LLC v. The Registrar of Trade Marks, 2023 SCC OnLine Del 897]
Court cannot interfere with the enforcement of a bank guarantee except cases where fraud or special equity is prima facie made out so as to prevent irretrievable injustice: Delhi High Court
In a case wherein a petition was filed for restraining respondent from invocation/encashment of the Petitioner’s Bank Guarantee under Section 9 of the Arbitration and Conciliation Act, 1996 (“Act”), a Single Judge Bench of Chandra Dhari Singh, J. disposed of the petition and restrained the respondent from invoking/encashing the bank guarantee as the facts and circumstances of the present case, demonstrated special equities in favour of the petitioner. Read more
[Hindustan Construction Co. Ltd. v. National Hydro Electric Power Corporation Ltd., 2023 SCC OnLine Del 819]
Court cannot interfere with the enforcement of a bank guarantee except cases where fraud or special equity is prima facie made out so as to prevent irretrievable injustice: Delhi High Court
In a case wherein a petition was filed for restraining respondent from invocation/encashment of the Petitioner’s Bank Guarantee under Section 9 of the Arbitration and Conciliation Act, 1996 (“Act”), a Single Judge Bench of Chandra Dhari Singh, J. disposed of the petition and restrained the respondent from invoking/encashing the bank guarantee as the facts and circumstances of the present case, demonstrated special equities in favour of the petitioner. Read more
[Hindustan Construction Co. Ltd. v. National Hydro Electric Power Corporation Ltd., 2023 SCC OnLine Del 819]
Delhi High Court finds no ground for interference as reappreciation of evidence is beyond the scope of Section 37 Arbitration Act
In an appeal under Section 13 of the Commercial Courts Act, 2015 read with Section 37 of the Arbitration and Conciliation Act, 1996 (“Act, 1996”) has been filed challenging the Common Order dated 24-01-2022 passed by the District Judge (Commercial) Central District, Tis Hazari, dismissing both the petitions under Section 34 of the Act, 1996, preferred by the appellant and the respondent herein against the Arbitral Award dated 30-01-2019, a division bench of Neena Bansal Krishna and Suresh Kumar Kait, JJ., concluded that no grounds for interference under Section 37 of Arbitration Act, 1996 have been made out and the challenge to the findings of the Arbitrator are essentially based on reappreciation of evidence which is beyond the scope of Section 37 of the Act. Read more
[Municipal Corporation of Delhi v. Sweka Powertech Engineers Pvt. Ltd., 2023 SCC OnLine Del 833]
Delhi High Court| A legal representative with conflicting interest with that of the deceased cannot be permitted to represent the estate of the deceased
In a review petition filed by the review petitioner Atul Beri, seeking review of the order dated 06-04-2022, wherein the Court impleaded both Atul Beri and Deepak Beri (sons of the deceased plaintiff) as the legal representatives of the deceased plaintiff, Late Shri S.K Beri, Amit Bansal, J., held that the ‘right to sue’ can only accrue in favour of Atul Beri, who was neither a party in the suit, nor had any conflict with the interest of Late Shri S.K. Beri. The Court further impleads Atul Beri as the sole legal representative of Late Shri S.K. Beri to represent his estate in the present suit. Read more
[S K Beri v. Deepak Beri, 2023 SCC OnLine Del 789]
Can a foreigner claim right to be appointed as a guardian under National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Rules, 2000? Delhi High Court answers
In a petition filed by the petitioner, who is the father of a person suffering from severe mental retardation and certified to be suffering from a 90% disability, assails the validity of Rule 17(1)(iii)(a) of the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Rules, 2000 (2000 Rules) as well as Regulation 12(1)(i) of the Board of the Trust Regulations, 2001 (2001 Regulations) which restrict the appointment of a guardian to a person who is an Indian citizen, a Division Bench of Satish Chandra Sharma, CJ., and Yashwant Varma, J., held that it is unable to countenance a right inhering in the petitioner to be appointed as a guardian as he is an Overseas Citizen of India holder (OCI holder ) having citizenship of the USA. Read more
[Sunil Podar v. The National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities, 2023 SCC OnLine Del 832]
[Chinese Manjha] FIRs that are registered do not remain paper FIRs; Delhi High Court issue directions
In a petition filed by the petitioners relating to the deaths caused allegedly due to the slitting of throats by kite flying thread made of polyester, nylon, plastic, or any other synthetic material, etc., also known colloquially as Chinese Manjha being used for flying kites in the city of Delhi, Prathiba M Singh, J., held that the manufacturers and importers of the `Chinese Manjha’, as also the shopkeepers of the shops where the same is being sold, would have to be proceeded against in accordance with law. Read more
[Ishwar Singh Dahiya v State of NCT of Delhi, 2023 SCC OnLine Del 822]
Toys (Quality Control) Order, 2020 issued to ensure that children below 14 years are not exposed to toys containing toxic material; Delhi High Court dismisses frivolous PIL filed by toy manufacturers to avoid compliance
In a case wherein Public Interest Litigation (PIL) was filed by the toy manufacturers stating that they should be permitted to sell their toys which they had imported from manufacturer before 2021 and the Toys (Quality Control) Order, 2020 (“2020 Order”) should not come their way, a Division Bench of Satish Chandra Sharma, C.J.* and Subramonium Prasad, J. dismissed the PIL and held that the present PIL was nothing but a frivolous PIL as the toy manufacturers wanted to avoid compliance with the 2020 Order. The Court further held that the 2020 Order had been issued to ensure that the consumers who were children below the age of 14 years were not exposed to sub-standard goods/goods containing toxic material/toys containing toxic material. Read more
[Forever Toy Traders Association v. Union of India, 2023 SCC OnLine Del 751]
In Camera proceedings can be held under Section 151 of Civil Procedure Code, 1908 if warranted by the facts and circumstances of the case: Delhi High Court
In a case wherein an application was filed under Section 151 of the Civil Procedure Code, 1908 (“Code”) by the plaintiff praying that this Court may allow for the in camera proceedings of the present matter and to restraint the defendant from using social media platforms, namely, Instagram and YouTube or any other Social Media Platform/News Platform for the cause of Harassment and Cyberbullying the plaintiff and her family, a Single Bench of Chandra Dhari Singh, J. held that in camera proceedings could be held under Section 151 of the Code. The Court further granted an ex parte ad interim injunction in favour of the plaintiff and thereby restrained Defendant 1 from using any social media platforms, including Instagram and YouTube for making any comments/remarks in relation to the plaintiff or her family members. Read more
[Taru Puri v. Anmol Sheikh alias Malaika, CS(OS) 91 of 2023]
Delhi High Court passes interlocutory injunction against manufacturing/selling ‘Blueberry Nexus32’ keyboard having similar trade design as Casio company’s keyboards
In a suit filed by the Casio Keisanki Kabushiki Kaisha (plaintiff), a well-known entity engaged in the manufacture of, among other things, musical keyboards, seeking an injunction against Riddhi Siddhi Retail Venture (defendants) and all other acting on their behalf from manufacturing or selling any keyboards carrying the impugned design or any other design, which is deceptively similar to the suit design, C. Hari Shankar, J., held that the plea by defendants that the suit design is liable for cancellation on the ground of want of novelty and originality is, therefore, without substance and entitled the plaintiff to interlocutory injunction. Read more
[Casio Keisanki Kabushiki Kaisha v. Riddhi Siddhi Retail Venture, 2023 SCC OnLine Del 677]
Delhi High Court restrains Parle company from using FAB!O being deceptively similar to Cadbury’s OREO
The present suit was filed by Intercontinental Great Brands (plaintiff) seeking an injunction against Parle Products Private Limited (defendant), and all others acting on defendant’s behalf, from using the FAB! mark or from manufacturing, packing or selling their vanilla cream filled chocolate sandwich biscuits in the impugned pack or using the impugned trade dress a trade dress that is deceptively similar to the trade dress of the plaintiff’s OREO biscuits and biscuit packs, C. Hari Shankar, J., restrained the defendant as well others acting on behalf of the defendant from using the impugned FABIO or FAB!O mark for any purpose whatsoever and from manufacturing, packing or selling their vanilla cream filled chocolate sandwich biscuits in the impugned pack or using the impugned trade dress. Read more
[Intercontinental Great Brands v. Parle Products Private Limited, 2023 SCC OnLine Del 728]
In cases of urgency and to preserve party’s rights, arbitral proceedings can be initiated even when conciliation proceedings were pending: Delhi High Court
A Single Judge Bench of Navin Chawla, J. held that even if the contract clearly stated that before resorting to arbitration, the parties agreed to explore Conciliation by the Committee, the same cannot be held to be mandatory in nature. Further, the Court held that in case of urgency, arbitral proceedings can be initiated even when conciliation proceedings were pending. Read more
[Oasis Projects Ltd. v. Managing Director, National Highway and Infrastructure Development Corporation Ltd., 2023 SCC OnLine Del 645]
Delhi High Court grants bail to Chitra Ramakrishna former MD NSE being accused of active involvement in illegal interception of telephone calls of NSE employees
In a case relating to illegal interception/monitoring of telephone calls of National Stock Exchange (‘NSE’) employees by iSec Services Pvt. Ltd (iSec), a privately owned company under the guise of the contract of Study of Cyber Vulnerabilities, whose approval was allegedly given by the petitioner, Chitra Ramakrishna (‘petitioner’) and paid Rs. 4.54 crore to iSec Services as a consideration thus, attracting various offences under different statutes, Jasmeet Singh J., grants bail to Ms. Ramakrishna as the material placed on record showed prima facie there are reasonable grounds to believe that she is not guilty of the offence, and she is not likely to commit any offence while on bail. Read more
[Chitra Ramakrishna v. Enforcement Directorate, 2023 SCC OnLine Del 653]
[IFS Examination] Walking test of 25 kms is an obligatory stipulation which needs to be fulfilled apart from meeting the special eligibility criteria in terms of physical requirement: Delhi High Court
In a case wherein a petition was filed challenging the order of the Central Administrative Tribunal wherein the Tribunal stated that the petitioner having participated in the selection process, could not as an afterthought challenge the rules and stipulations of the selection process, a Division Bench of V. Kameswar Rao and Anoop Kumar Mendiratta, JJ. dismissed the petition and held that the walking test of completing 25 kilometers would be an obligatory stipulation and need to be fulfilled/adhered to apart from meeting the special eligibility criteria in terms of physical requirement/functional classification (abilities/disabilities) consistent with requirements of the identified service/post as may be prescribed by its Cadre Controlling Authority for the Indian Forest Service Examination. Read more
[Karanti Goyal v. Ministry of Environment Forests Climate Change, 2023 SCC OnLine Del 708]
Absence of premeditation leads to Delhi High Court modifying murder conviction to culpable homicide not amounting to murder; Convict to be released
In an appeal filed by the appellant challenging the judgment of the Trial Court, whereby the appellant was convicted for committing the murder of Yunus (“deceased”) (brother of the wife of the appellant) and causing injury to Afzal (nephew of the wife of the appellant) and challenging the order on sentence whereby the appellant was directed to undergo rigorous imprisonment for life along with fine, a division bench of Mukta Gupta and Poonam A Bamba, JJ., modified the conviction of the appellant from punishment for murder (Section 302 IPC) to punishment for culpable homicide not amounting to murder (Section 304) Part I of IPC). Read more
[Ahmed Saeed v. State, 2023 SCC OnLine Del 306]
Delhi High Court | Disclosure of reports and dossiers relating to terrorist acts under investigation is barred by RTI Act
In a petition filed by the Petitioner, Ehtesham Qutubuddin Siddique, a convict in the 11-07-2006 Mumbai Train Blast case seeking quashing of the impugned order dated 31-07-2019 passed by the Central Information Commission (CIC) wherein the prayer to provide him a true copy of the report/ dossier etc. submitted by Maharashtra Government regarding the investigation of 7/ 11 bomb blast case in the year 2006 and by the Andhra Pradesh Government in the year 2009 has been rejected, Prathiba M Singh, J., upheld the rejection order and held that the reports and dossiers by intelligence authorities relating to terrorist activities, which are subject matter of investigation are barred and thus, cannot be disclosed under RTI especially, if they compromise the sovereignty and integrity of the country. Read more
[Ehtesham Qutubuddin Siddiqui v CPIO, 2023 SCC OnLine Del 641]
Virginity test conducted on a female detainee/accused under investigation/custody whether judicial/police is unconstitutional; Delhi High Court issues directions
In a petition filed by female detainee (‘Petitioner’) seeking a declaration that the conduct of the ‘Virginity test’ on the Petitioner by the CBI (‘Respondent’) is unconstitutional and against the tenets of Fundamental Rights. The petition further seeks to punish the errant officials of the CBI who have subjected the petitioner to undergo Virginity test’ against her own free will and for leaking the conduct and result of the test to the media, also seeks to direct the respondents to pay exemplary compensation to the petitioner for the mental agony/torture/ humiliation undergone by the petitioner for having subjected her to undergo Virginity test’. Swarana Kanta Sharma, J., held that the virginity test conducted on a female detainee/ accused under investigation, or in custody, whether judicial or police, is unconstitutional and in violation of Article 21 of the Constitution which includes the right to dignity and passed directions sensitizing the police officials in this regard. Read more
[Sr. Sephy v. CBI, 2023 SCC OnLine Del 717]
Delhi High Court permits mother to relocate to USA with the minor child on remarriage
The mother of a five and a half years old girl child, filed a petition challenging the order passed by the Family Court, wherein the Court while deferring disposal of the applications filed by both sides seeking modification of visitation rights, has adjourned the matter with a direction to the parties to lead evidence, Rekha Palli, J., held the impugned order to be unsustainable as the facts of the case stated that the parties entered a mutual settlement whereby they agreed to the custody of the minor daughter will be with the mother and the father will have overnight visitation for one day in every month along with five days in summer vacations and three days in winter vacations, making it evident that there were no disputed questions of facts for which evidence was required to be led. Read more
[Aakriti Kapoor v. Abhinav Agarwal, 2023 SCC OnLine Del 585]
Delhi High Court directs Government to release Rs.5 lakhs for each victim who lost life in fire accident at Anaj Mandi, Sadar Bazar
In a petition filed by the Petitioner, Bachpan Bachao Andolan, which is a Non-Governmental Organization, highlighting the plight of children working in factories that are illegally housed in extremely small units stuffed with inflammable materials, due to a recent fire accident wherein a massive fire ripped through a building in Anaj Mandi, Sadar Bazar, which resulted in the death of 43 persons, including 12 children between the age group of 12 to 18 years, Satish Chandra Sharma, CJ. And Subramonium Prasad, JJ., directed to form a committee, under the supervision of the Chief Secretary of Delhi, the Deputy Commissioner of Police of each District in coordination with the Department of Labour, Government of NCT of Delhi, Women and Child Welfare Department, Government of NCT of Delhi and the Municipal Corporation of Delhi in each district to inspect the premises where units employing child labour are being run and file the Status Report regarding the action taken by the Committee before the next date of hearing. Read more
[Bachpan Bachao Andolan v GNCTD]
Delhi High Court applies the doctrine of kompetenz-kompetenz to refer the dispute to an Arbitral Tribunal
In a petition filed seeking the appointment of an independent Arbitral Tribunal under Section 11(6) of the Arbitration & Conciliation Act, 1996 to adjudicate disputes between the Petitioner and Respondent, Chandra Dhari Singh, J., held that if there is an arbitration agreement between the parties, which is sought to be negated by a party by citing other provisions of a contract, which requires interpretation of the contract, then the Court, in line with the letter and spirit of the Act as well as the doctrine of kompetenz-kompetenz, must lean towards referring the matter to arbitration. Read more
[Metcon India Realty and Infrastructure Pvt Ltd. v. Delhi Metro Rail Corporation, 2023 SCC OnLine Del 576]
Delhi High Court applies the rule of ‘contra proferentem’ to uphold the arbitral award not being hit by ‘patent illegality’
In a petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 by the petitioner, a Public Limited Company, primarily dealing in the area of large application pumps that has diversified into the power sector seeking to set aside the arbitral award passed by the Sole Arbitrator on the grounds of the arbitral award being ex-facie erroneous and suffering from patent illegality, Chandra Dhari Singh, J., held that on the application of the rule of contra proferentem, the Purchase Order was fittingly interpreted by the Sole Arbitrator, leaving no scope for the interference of this Court on the Award. Read more
[Flowmore Limited v. Skipper Limited, 2023 SCC OnLine Del 548]
Whether Air Force Group Insurance Society, Air HQs Non-public Fund Organization, and CRPF Employees Educational Society be treated as ‘State’ under Article 12? Delhi High Court rules
In a batch of six petitions having a common question to be dealt by the Court i.e., whether Air Force Group Insurance Society (‘AFGIS’), Air HQs Non-public Fund Organization and CRPF Employees’ Educational Society, ought to be treated as ‘other authority’, as contemplated in the definition of ‘State’ under Article 12, a division bench of Suresh Kumar Kait and Neena Bansal Krishna, JJ., held that these Societies are not financially, functionally and administratively dominated by or under the control of Central Government and such control must be particular to the body in question and must be pervasive in order to establish it to fall within the ambit of ‘State’ as mentioned in Article 12. Read more
[Ravi Khokhar v. Union of India, 2023 SCC OnLine Del 540]
Delhi High Court directs IRDAI to design products for persons with hearing disabilities and persons with implants
In a case wherein the petitioners approached this Court challenging the denial of a health insurance policy for their minor son who was suffering Bi-Lateral Hearing Loss, which was a hearing disability, a Single Judge Bench of Prathiba M. Singh, J. held that this would be contrary to the provisions in favour of Persons with Disabilities under the Rights of Persons with Disabilities Act, 2016 and directed the IRDAI to consider the way products could be designed for persons with hearing disabilities and persons with implants. Read more
[Neeraj Mehta v. TATA AIG General Insurance Co. Ltd., 2023 SCC OnLine Del 487]
Can Indian revenue authorities go after tax residency certificate issued by other tax jurisdiction and issue a re-assessment notice u/s 147 Income Tax Act? Delhi High Court rules
The present petition was filed by the petitioner ,Blackstone Capital Partners (Singapore) challenging the order passed by Revenue Authorities (respondent) affirming that the proceedings initiated against the petitioner are valid, vide notice under Section 148 of Income Tax Act for the Assessment Year 2016-17, a division bench of Manmohan and Manmeet Pritam Singh Arora, JJ., held that the impugned reassessment proceedings are without jurisdiction as the respondent-revenue cannot go behind the Tax Residency Certificate (TRC) issued by the other tax jurisdiction as the same is sufficient evidence to claim treaty eligibility, residence status, legal ownership and accordingly, there is no capital gain earned by the petitioner liable to tax in India. Read more
[Blackstone Capital Partners (Singapore) VI FDI Three Pte. Ltd v. The Assistant Commissioner of Income Tax, 2023 SCC OnLine Del 475]
Delhi High Court directs Government to issue a circular for non-disclosure of identity of the minor seeking medical termination and her family in the report of registered medical practitioner to police
A Single Judge Bench of Prathiba M. Singh, J. directed the Government to issue a circular that in a case where minor’s guardian or family approached any Registered Medical Practitioner (RMP) for termination of pregnancy of the minor, then the identity of the minor, guardian, or the family, should not be disclosed in the RMP’s report to the police, if a request to that effect was made by the guardian or the family to the RMP. Read more
[N v. Principal Secretary Health and Family Welfare Department, 2023 SCC OnLine Del 376]
Why Delhi High Court upheld the award of damages passed by Single Judge on account of mental agony and harassment in the case of a commercial contract?
In an appeal filed under Section 37 of the Arbitration and Conciliation Act, 1996 challenging Claims B and D only, against the impugned judgment passed by the Single Judge granting Claim (A) in favor of the respondent as the obligation to pay rent was mentioned only in the Collaboration Agreement, which was not produced and thus remained unproved. Claim (B) was modified by restricting the damages for deprivation of property to Rs.35,000/- per month for the period commencing from May 2006 till the date of termination of the Collaboration Agreement. Claim (D) for the grant of damages of Rs. 25 lacs on account of mental agony, humiliation, and harassment suffered by the respondent, as awarded by the learned arbitrator, was not interfered with, a division bench of Najmi Waziri and Vikas Mahajan, JJ., upheld the impugned judgment and found deprivation of property (Claim B) and award of damages for mental agony (Claim D) as tenable in law. Read more
[Tejpal Singh v. Surinder Kumar Dewan, 2022 SCC OnLine Del 4667]
Rehabilitation cannot be rejected to jhuggi dwellers only on the ground that their names are not in the voter list: Delhi High Court
In a case wherein an appeal of a woman jhuggi dweller had been rejected by the Delhi Urban Shelter Improvement Board’s (DUSIB) Appellate Authority as her name was not in the voter list of the years 2009 and 2010, a Single Judge Bench of Prathiba M. Singh, J. held that the rehabilitation could not be rejected merely on the ground that the voter ID card was not produced by the woman. Further, the Court held that the Appellate Authority would have to consider all other documents too before concluding whether the petitioner was entitled to rehabilitation or not. Read more
[Smt. Beni v. Govt. (NCT of Delhi), 2023 SCC OnLine Del 478]
Jharkhand High Court
‘Some contradiction and infirmities in evidence not enough to vitiate prosecution story’; Jharkhand High Court reiterates
In an appeal against the judgment of conviction and order of sentence passed by the Trial Court, the Division Bench of Sujit Narayan Prasad* and Subhash Chand, JJ. dismissed the same, relying on the witness evidence and the settled position of law. The matter pertains to appellants convicted under Section 302 read with Section 34 and Section 148 of the Penal Code, 1860 (‘IPC’) to undergo imprisonment for life and rigorous imprisonment for two years, both the sentences to run concurrently.
[Bhim Singh v. State of Bihar, 2023 SCC OnLine Jhar 46]
Jharkhand High Court acknowledges customary provision for adoption of child in Santhal Community
In a second appeal against confirmation of Trial Court’s decision in a title suit, Sanjay Kumar Dwivedi, J. accepted both the Courts’ reliance over customary provision for adoption of child in Santhal Community along with registered adoption deed and dismissed the matter due to lack of merit. Read more
[Philip Marandi v. Satya Hansda, 2023 SCC OnLine Jhar 108]
‘Great risk involved in witnesses evidence based on pure memory’; Ingredients of Section 50 of Evidence Act not satisfied: Jharkhand High Court
In a Second Appeal against the reversal of Trial Court’s decision in a Title Suit for partition of share and separate possession, Sanjay Kumar Dwivedi, J. set aside the reversal of Trial Court’s decree and restored the matter to be decided afresh. The Court held that the ingredients of Section 50 of the Evidence Act, 1872 have not been fulfilled for proving the relationship of a mother and son. Read more
[Sarbeswar Mahto v. Jagu Mahto, 2023 SCC OnLine Jhar 116]
Karnataka High Court
Karnataka HC | Charges under Prevention of SC/ ST (Atrocities) Act are applicable only when name of a victim’s caste is taken with the intention to insult and humiliate them
In a criminal petition filed to quash the FIR for alleged offences under several sections of Penal Code, 1860 and Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 [hereinafter SC/ST Act]the Single Judge bench of M. Nagaprasanna*, J., while partly allowing the criminal petition, quashed the charge sheet concerning offences under the SC/ST Act, and relying on judicial precedents, observed that, mere taking the name of the caste of the victim would not make it an offence under SC/ST Act, unless, it is done with the intention of insulting the person belonging to the said caste. Read more
[Shailesh Kumar v. State of Karnataka, 2023 SCC OnLine Kar 4]
Kerala High Court
‘Temporary employee should be replaced by a regular employee and not another temporary employee’; Kerala High Court reiterates
In a writ appeal arising from a common judgment in three writ petitions, the bench of P.B. Suresh Kumar* and Sophy Thomas, JJ. refused to interfere with the Single Judge’s directions to the Cochin University of Science and Technology (‘University’) for continuation of the petitioners’ engagement as sweeper-cum-cleaner on a daily wage basis. Read more
[Cochin University of Science and Technology v. Sudheesh Kumar, 2023 SCC OnLine Ker 913]
“When things go wrong, it is not always the doctor’s fault”; Kerala High Court acquits medical staff in negligence case
In a criminal appeal against conviction of doctors and nurses in a medical negligence case, Kauser Edappagath, J. acquitted the medical staff and held that every death of a patient per se cannot be a case of medical negligence. The instant matter relates to the death of a healthy lady following a simple procedure for laparoscopic sterilization. Read more
[Philips Thomas v. State of Kerala, 2023 SCC OnLine Ker 686]
‘Societal interest & purity in politics need to be balanced’; Kerala High Court suspends Lakshadweep MP, Mohammed Faizal’s conviction
In an application seeking suspension of conviction and sentence passed by the Court of Sessions, Kavaratti, Bechu Kurian Thomas, J. suspended the conviction and sentence of imprisonment against Member of Parliament (‘MP’) from the Union Territory of Lakshadweep until the disposal of appeal against the decision of Sessions Court. The Court refused to suspend the conviction of other petitioners, however, suspended their sentence. The instant matter relates to the incident of violence occurred on 16-04-2009. The Court of Sessions found 4 out of 37 accused persons guilty and convicted them for offences under Sections 143, 147, 148, 448, 427, 324, 342, 307 and 506 read with Section 149 of the Penal Code, 1860 through judgment dated 11-01-2023. One among the petitioners, Mohammed Faizal was a sitting MP from Lakshadweep since 2014 until 11-01-2023, when Sessions Court decided the criminal matter. His disqualification from the post of MP as per Section 8(3) of the Representation of Peoples Act, 1951 was notified and a press note was issued on 18-01-2023 calling for Constituency elections. Read more
[Sayed Mohammed Noorul Ameer v. U.T. Administration of Lakshadweep, 2023 SCC OnLine Ker 604]
Delay cannot be condoned under Payment of Gratuity Act by taking the aid of the provisions of Limitation Act: Kerala High Court
While deciding the petition, the bench of Amit Rawal, J. held that when the application of Limitation Act, 1963 is excluded by Payment of Gratuity Act, 1972, then there can be no condonation of delay in filing appeal under Payment of Gratuity Act, by taking the aid of the Limitation Act. Read more
[The Secretary, Sree Avittom Thirunal Hospital v. State of Kerala, 2023 SCC OnLine Ker 595]
Madras High Court
Madras High Court | Section 138 NI Act: Bribe for securing job cannot be held as a loan or money transaction
In a criminal appeal filed under Section 378 of the Code of Criminal Procedure, 1973 (‘CrPC’), to set aside the judgment of acquittal of the respondent/accused passed by the Special Court for the offences under Sections 420 of Penal Code, 1860 (‘IPC’) and 13(2) read with 13(1)(d) of Prevention of Corruption Act, 1988, P. Velmurugan, J. held that the respondent not only cheated the complainant and committed an offence under Sections 420 IPC, but also, as a public servant, he obtained other than the legal remuneration and committed offence under Section 13(2) read with 13(1)(d) of Prevention of Corruption Act, 1988. Read more
[State v V.D. Mohanakrishnan]
Foreign Court Judgments not conclusive, rights under special enactments can’t be denied on their basis: Madras High Court
A civil revision petition filed to strike off a complaint under Domestic Violence Act pending at the Family Court The Single Judge Bench of S.M Subramaniam,J. dismissed the petition, on the grounds that Foreign Court Judgments are not conclusive and the rights of an aggrieved to seek relief under special enactments can’t be denied as it would amount to infringing their basic rights. Thus, it held that the wife was entitled to institute and maintain matrimonial proceedings, DVC proceedings and any other proceedings under the relevant Statutes in Indian Courts having jurisdiction for appropriate reliefs. Read more
[X v. Y 2023 SCC OnLine Mad 474]
[RSS Route-March] Madras High Court: Single Judge cannot modify order passed in writ petition, while exercising jurisdiction under a contempt petition
In various Letters Patent Appeals (‘LPA’) filed under Clause 15 of the Letters Patent to set aside order passed by a Single Bench in contempt petitions (‘CP’), wherein previous directions issued for holding public procession by appellants were altered, the Division Bench of R. Mahadevan* and Mohammad Shaffiq, JJ., while setting aside the same , directed the appellants to approach the State authorities with three different dates of their choice for the purpose of holding the route-march/peaceful procession and further directed the State authorities to grant permission to the appellants on one of the chosen dates out of the three. Read more
[G. Subramaniam v. K. Phanindra Reddy, 2023 SCC OnLine Mad 720]
“Police cannot be accused of human rights violation at the drop of a hat”, Madras High Court quashes SHRC order
In a petition filed against the order of State Human Rights Commission (‘SHRC’), wherein the SHRC has held that the petitioner as a senior police official had violated the Human Rights of the complainant and therefore, the complainant was entitled to receive a compensation of Rs. 25,000/- from the petitioner and recommended for departmental action against the petitioner, the division bench of V.M. Velumani and R. Hemalatha*, JJ. held that the present case is not one which can be classified as a human rights violation. Read more
[Lakshmanan v. The Secretary, 2023 SCC OnLine Mad 664]
Madras High Court examines the scope and ambit of S. 174 of CGST Act in context of Notifications issued under the repealed tax regime
In a writ petition filed by AR Rahman and other music composers against the order of the Principal Commissioner of Central Goods and Services Tax (‘CGST’) & Central Excise for levying service tax on transfer of copyright in musical work for the period 2013-2017, and quash the same, as it is beyond the scope of Section 174(2) of the CGST Act and travels beyond Section 66-D(1) of the Finance Act, 1994 and Entry No.9, Notification No. 25/2012 dated 20-06-2012, Dr. Anita Sumanth, J. after taking cue from the proviso to Section 174(2) of the CGST Act, held that the assumption of jurisdiction by the officials of Director General of GST Intelligence (‘DGGI’) was valid. Read more
[Amirta International Institute of Hotel Management v Principal Commissioner of CGST & Central Excise, 2023 SCC OnLine Mad 512]
Madras HC upholds UGC’s rights and primacy to impose Regulations for conduct of distance education programmes
The University Grants Commission (‘UGC’) filed a writappeal against the order of the Writ Court , wherein the Court had quashed the clause imposed by UGC, which interfered with the right of Universities to conduct various distance education programmes by setting territorial limits to them, the division bench of R. Subramanianand and K. Kumaresh Babu, JJ. upheld the right of the UGC to impose Regulation for territorial jurisdiction referring to the primacy given to the UGC under the UGC Act, 1956, as well as Entry 66 of List 1 of the 7th Schedule. Read more
[The UGC vs Annamalai University 2023 SCC OnLine Mad 567]
First proviso to Rule 55-A of TN Registration Rules ultra vires and unconstitutional to the Registration Act, as well as the substantive provisions of TP Act: Madras High Court
In a writ petition filed against the order passed by the Sub Registrar rejecting the request of Federal Bank for registration of the Sale Certificate, Sathishkumar, J. held that the first proviso to Rule 55-A is invalid and ultra vires, and the respondent cannot refuse to register the document placing reliance on the aforesaid proviso. Read more
[The Federal Bank Ltd v Sub Registrar, 2023 SCC OnLine Mad 878]
State Tax Officer cannot prosecute if Central Authority has already initiated action in respect of the same subject matter: Madras High Court
In a writ petition against the summons issued by State Tax Officer(‘STO’) and quash the same and further direct the Commissioner of State Taxes and STO to refrain from exercising any control over the petitioner in the guise of cross empowerment of tax authorities under the provisions of Chapter XIV (inspection, search, seizure and arrest) of Central Goods and Service Tax Act, 2017 and Tamil Nadu Goods and Services Tax Act, 2017 (‘TNGST Act’) till relevant notifications are issued in this regard, and until such time, to transfer all the proceedings initiated by the STO to the proper officer working under the control of the Commissioner of GST & Central Excise , for taking further action, Abdul Quddhose, J. held that the petitioner will have to participate in the personal hearing and state all his objections regarding the action launched by the State Authority under the TNGST Act, 2017, as unless and until the petitioner participates in the impugned proceedings the truth cannot be unearthed with regard to the petitioner’s contentions. Read more
[Tvl Metal Trade Incorporation v. The Special Secretary, Writ Petition No. 3033 of 2023]
Tribunals have no authority to issue instructions determining dress code for appearance of Advocates: Madras High Court
In a writ petition filed by an Advocate praying to declare that the impugned order of the National Company Law Board imposing dress code for Advocates for appearance before the Tribunal as ultra vires, null and void, and quash the same as illegal and arbitrary, the division bench of R. Mahadevan* and Mohammed Shaffiq , JJ. held that the impugned order is without authority and is illegal. Read more
[R. Rajesh v. Union of India, 2023 SCC OnLine Mad 666]
Madras High Court finds no irrelevant or extraneous materials in State’s decision of pre-mature release of 13 life convicts; upholds order
In three writ petitions challenging the premature release of 13 life convicts by the State Government in exercise of its power conferred under Article 161 of the Constitution of India, the division bench of Dr. G. Jayachandran* and Sunder Mohan, JJ. on appreciating the facts and the perusal of records, found that no irrelevant or extraneous materials entered into the decision-making process. Therefore, it held that the order granting premature release will sustain. Read more
[P. Rathinam v. State of Tamil Nadu, 2023 SCC OnLine Mad 698]
“Unless the foreign award contravenes a fundamental and non-derogable principle or core value, refusal to recognise is not warranted”: Madras High Court
In a petition for declaration of arbitration award passed by the Singapore International Arbitration Centre (‘SIAC’), Senthilkumar Ramamoorthy, J. recognised the foreign award as a decree . The Court discussed the various grounds for refusal of foreign award against the provisions of Arbitration and Conciliation Act, 1996 and found that the respondents having failed to establish any ground for refusal of foreign award, therefore, are required to pay the amounts claimed by the petitioners. Read more
[GPE (India) Ltd. v. Twarit Consultancy Services Pvt. Ltd., 2023 SCC OnLine Mad 46]
Madras High Court | HC cannot issue directions for speedy disposal, unless there is an acceptable reason
In a civil revision petition filed to direct the Principal Subordinate Judge to dispose of the suit within the stipulated period, S.M. Subramaniam, J. said that adjournment on flimsy grounds would cause injustice to the parties. Thus, the Courts, while granting adjournments are expected to borne in mind that such adjournments are to be granted by recording reasons and on genuine grounds but not otherwise. Further, it held that the High Court cannot issue directions for speedy disposal unless there is a justification or acceptable reason for issuing any such directions. Read more
[S. Baby v. S. Sakkubai Ammal, 2023 SCC OnLine Mad 674]
“Institutional framework in National Trust Act not confined only to persons with autism, cerebral palsy, and mental retardation”; Madras High Court allows appointment of legal guardian for schizophrenic woman
In a writ petition filed against the order passed by the Madurai District Differently Abled Welfare Officer (‘welfare officer’), praying for quashing the same and to direct the respondents to appoint the petitioner as a lawful guardian of his sister, who was mentally challenged person, G.R. Swaminathan, J. held that the petitioner’s sister suffers from ‘benchmark disability’ i.e. a person with not less than forty percent of a specified disability under the Persons with Disabilities Act, 2016 and directed the District Collector to appoint the petitioner as her legal guardian. Read more
[G. Babu v. District Collector, Madurai, 2023 SCC OnLine Mad 568]
Muslim woman can dissolve marriage by ‘Khula’ recognised under Shariat; Madras High Court quashes Khula certificate issued by Shariat Council
In a writ petition filed to call for the records of the Shariat Council, pertaining to the impugned Khula Certificate and quash the same as illegal, C. Saravanan, J. held that while it is open for a Muslim woman to exercise her inalienable rights to dissolve the marriage by Khula recognised under the Muslim Personal Law (Shariat) Application Act, 1937 (‘the Act, 1937’) by approaching a Family Court, it cannot be before a self-declared body consisting of few members of Jamath. Thus, the impugned Khula Certificate issued by the Shariat Council was quashed. Further, it directed the petitioner/wife, and the husband to approach the Tamil Nadu Legal Services Authority or a Family Court to resolve their dispute Read more
[Mohammed Rafi v. State of Tamil Nadu, 2023 SCC OnLine Mad 471]
Non-Applicant does not have a locus-standi to challenge appointment of Junior Assistants for being a stranger; Madras High Court rejects petition
In a writ petition filed to call for the records relating to the impugned appointment order passed by the Commissioner of Corporation and quash the same and to direct the respondents to consider the petitioner for the post of Junior Assistant in the office of the Commissioner of Corporation (‘Corporation’), Abdul Quddhos, J. held that the petition is not maintainable on the ground that the petitioner is a stranger and not eligible to apply for the post of Junior Assistant due to her age and therefore, she does not have the locus-standi to challenge the appointments of the respondent nos.7 to 60 as Junior Assistants by the Corporation, pursuant to recruitment notification issued by them. Read more
[Eswari v. Chief Secretary to Government of Tamil Nadu, 2023 SCC OnLine Mad 403]
Madras High Court directs Union to consider passport application of Srilankan refugees’ daughter
In a writ petition filed for directing the Regional Passport Officer to issue passport to the petitioner, G.R. Swaminathan, J. permitted the petitioner to submit an application under Section 20 of the Passports Act, 1967 and directed the Central Government to consider her application and pass order as expeditiously as possible. Read more
[Harina v Regional Passport Officer]
Manipur High Court
Paucity of funds cannot be a ground for denying payment of salaries; Manipur High Court directs the release of salary due payable for ten years
In a case wherein the petition was filed for directing the State (‘Respondent’) to release the salaries payable to the petitioners along with interest w.e.f. the date of their engagement till the shutdown of the said office w.e.f. February 2020, a Single Judge Bench of Ahanthembimol Singh, J. opined that the respondents withheld the entire salary due payable to the petitioners without any authority of law and in complete violation of the constitutional provisions under Articles 21 and 300-A of the Constitution of India, therefore, the Court held that the petitioners were not only entitled to get their salaries due payable to them for the period w.e.f. the date of their engagement till the month of February 2020 but they were also entitled to get interest for the delay in payment of their salaries. Read more
[Wahengbam Prava Devi v. State of Manipur, 2023 SCC OnLine Mani 76]
Orissa High Court
Orissa High Court rejects bail of NBFC Director in economic offence case
While disposing of an application for bail in a case involving economic offence, G. Satpathy, J. rejected the bail application based on the enormity of allegations for committing fraud involving more than Rs. 100 crores and the petitioner posing risk of flight. Read more
[Deepak Kindo v. State of Odisha, 2023 SCC OnLine Ori 509]
Patna High Court
Date of birth mentioned in Matriculation Certification granted by CBSE must be accorded highest preference: Patna High Court
In a case wherein Regional Passport Officer was not issuing a fresh passport to a girl due to her wrong date of birth, a Single Judge Bench of Purnendu Singh, J. held that the date of birth mentioned in Matriculation Certification granted by CBSE must be accorded highest preference and directed the Regional Passport Officer to issue fresh passport to a girl by correcting her date of birth. Read more
[Nida Amina Ahmad v. Union of India]
Punjab and High Court
Swayamvar in holy books enforced as fundamental right by Article 21 of Constitution: Punjab and Haryana High Court
In a petition seeking quashing of First Information Report (‘FIR’) under Sections 363 and 366-A of the Penal Code, 1860 (‘IPC’), Jagmohan Bansal, J. allowed the same while stating that the State has no right to interfere in the life of a duly married couple. Read more
[Tek Chand v. State of Punjab]
Punjab & Haryana High Court directs Deepak Chaurasia to furnish bail bonds on deposit of Rs 2 lakhs
In a petition seeking quashing of orders passed by the Trial Court against Deepak Chaurasia seeking exemption from personal appearance in a case, Jagmohan Bansal, J. through an interim order directed him to appear before the Trial Court, furnish bail bonds and pay Rs 2 lakhs costs. Read more
[Deepak Chaurasia v. State of Haryana]
Punjab and Haryana High Court orders for arrest of dismissed Punjab DSP Balwinder Singh Sekhon in Contempt Case
The Court on its own motion through the Division Bench of G.S. Sandhawalia* and Harpreet Kaur Jeewan, JJ. issued contempt notice under Section 14 of the Contempt of Courts Act, 1971 (‘the Act’) to the already dismissed Deputy Superintendent of Punjab Police, Balwinder Singh Sekhon for circulating malicious, libelous and derogatory videos pertaining to the judicial proceedings conducted by the Judges of Punjab and Haryana High Court, thereby ordering his arrest for committing criminal contempt in the presence and hearing of the Court. Read more
[Court on its Own Motion v. Union of India, 2023 SCC OnLine P&H 146]
Rejection of Compassionate Appointment for married daughters violative of Articles 14 and 15: Punjab and Haryana High Court
In a Letter Patent Appeal fconcerning the question that whether the State is justified in excluding consideration of a married daughter for appointment on compassionate grounds, the division bench of G.S. Sandhawalia* and Harpreet Kaur Jeewan, JJ. held that rejection only on the ground of gender of the applicant would be violative of Articles 14 and 15 of the Constitution of India. Read more
[State of Punjab v. Amarjit Kaur, 2023 SCC OnLine P&H 89]
Punjab and Haryana High Court | Non-Domicile Candidates not entitled to 33% reservation for women under Punjab Civil Services Rules, 2020
While dismissing a set of writ petitions seeking directions to the authorities of Punjab Government for appointment of non-domicile candidates on the post of Junior Engineers (Civil), Anil Kshetarpal, J. held that non-domicile women are not entitled to the 33% reservation in service. Further, the State Government has enabling powers to remove any difficulties while implementing the provisions, as done for clarification on reservation only for women belonging to the State of Punjab. Read more
[Kalpana Komal Bhati v. State of Punjab, 2023 SCC OnLine P&H 57]
P & H High Court denies bail to Punjab IAS Officer, Sanjay Popli in corruption case
In an application seeking grant of bail for Punjab IAS Officer, Sanjay Popli in corruption case, Gurvinder Singh Gill, J. dismissed the same keeping in view the extent of valuables recovered from his house and the fact that another case of disproportionate wealth and income is still pending for investigation. The Court found it unsafe to release Sanjay Popli at this stage as he may tamper with, destroy or conceal material evidence yet to be recovered by the investigating agency. Read more
[Sanjay Popli v. State of Punjab, 2023 SCC OnLine P&H 69]
Rajasthan High Court
Rajasthan High Court acquits District Transport Office clerk from the charges of demanding bribery after 38 years of conviction
Exercising its appellate jurisdiction, the single judge bench of N.S. Dhaddha, J., set aside the order of the Trial Court dated 28-01-1985 and stated that it erred in convicting the appellant under Section 161 of the Penal Code, 1860 (‘IPC’) read with Section 5(1)(d) and 5(2) of Prevention of Corruption Act, 1947 (‘Corruption Act’) as mere recovery of money could not be a ground to consider it as a bribe. Read more
[Hari Narayan v State of Rajasthan, 2023 SCC OnLine Raj 338]
Telangana High Court
Andhra Pradesh Micro Finance Institutions (Regulation of Money Lending) Act, 2011 and the Telangana Micro Finance Institutions (Regulation of Money Lending) Act, 2011 are not unconstitutional: Telangana High Court
In a case wherein the constitutional validity of the Andhra Pradesh Micro Finance Institutions (Regulation of Money Lending) Act, 2011 was challenged on the ground that it was beyond the legislative competence of the Andhra Pradesh Legislature, the Division Bench of *Ujjal Bhuyan, C.J. and C.V. Bhaskar Reddy, J. refused to declare the Andhra Pradesh Micro Finance Institutions (Regulation of Money Lending) Act, 2011 and the Telangana Micro Finance Institutions (Regulation of Money Lending) Act, 2011 as unconstitutional and held that the NBFCs operating in the States of Telangana and Andhra Pradesh registered with the RBI would be excluded from the purview of the Andhra Pradesh Micro Finance Institutions (Regulation of Money Lending) Act, 2011 and the Telangana Micro Finance Institutions (Regulation of Money Lending) Act, 2011. Read more
[SKS Micro Finance Ltd. v. State of Andhra Pradesh, W.P. (C) 25891 of 2010]