Andhra Pradesh High Court
Can the Insolvency Court adjudicate upon the validity of Sale Deed without Section 53 application under Provincial Insolvency Act? Andhra Pradesh High Court answers
While exercising its civil revision jurisdiction, the single judge bench of Bandaru Syamsunder J., held that the Insolvency Court cannot adjudicate upon the validity of Sale Deed and directs the Official Receiver to cancel the same without the application under Section 53 of the Provincial Insolvency Act, 1920 (‘1920 Act’).
[R. Asalatha v Manikonda Kuppaswamy Naidu, Criminal Revision Petition 872 of 2010, decided on 28-02-2023]
Allahabad High Court
Divorced Muslim woman is entitled to claim maintenance under S. 125 CrPC even after iddat and for whole life, unless she remarries, Allahabad High Court reiterates
In a criminal revision against the judgment and order of Principal Judge, Family Court, wherein the Court held that divorced Muslim woman is not entitled for maintenance under Section 125 CrPC, Raj Beer Singh, J. reiterated that a divorced Muslim woman is entitled to claim maintenance under Section 125 CrPC even for the period after iddat and for whole life unless she is disqualified for the reasons such as marriage with someone else. Thus, it set aside the impugned order.
[Shakila Khatun v State of U.P., 2023 SCC OnLine All 75, decided on 21-02-2023]
[Mass Religious Conversion Case] Not only period of punishment, but nature of offence should also be taken into consideration while granting anticipatory bail: Allahabad High Court
In two anticipatory bail applications filed by Dr. Rajendra Bihari Lal (Vice Chancellor) and Vinod Bihari Lal (Director) of Sam Higginbottom University of Agriculture, Technology and Sciences(‘SHUATS’), alleged for doing mass religious conversions Manju Rani Chauhan, J. rejected their anticipatory bail pleas.
[Vinod Bihari Lal v State of U.P, 2023 SCC OnLine All 62, decided on 28-02-2023]
Central Government may take appropriate decision to ban cow slaughtering in India and declare cows as ‘protected national animal’: Allahabad High Court
In an application filed under Section 482 of the Code of Criminal Procedure Code, 1973 (‘CrPC’) to quash the charge sheet as well as entire proceeding of a case under Section 3 read with Sections 5 and 8 of Uttar Pradesh Prevention of Cow Slaughter Act, 1955 (‘Act of 1955’), Shamim Ahmed, J. said that it does not appear that no offence has been made out against the accused, thus it refused to quash the charge sheet as well as entire proceeding of case under Act of 1955. It also said that it hopes and trusts that the Central Government may take appropriate decision to ban cow slaughtering in the country and to declare cows as ‘protected national animal’.
[Mohd. Abdul Khaliq v State of U.P, 2023 SCC OnLine All 79, decided on 14-02-2023]
[Hathras Conspiracy case]:“Preventive detention of citizen for just and plausible reasons is a measure permissible under law”; Allahabad High Court grants bail to Atikur Rehman
In a bail application plea by Atikur Rehman, charged for the offences under Sections 153-A, 295-A 124-A, 120-B of the Penal Code, 1860, Section 17 and 18 of Unlawful Activities Prevention Act, 1967 and Section 65 and 72 of the Information Technology Act, the division bench of Attau Rahman Masoodi, and Renu Agarwal,JJ. granted bail to Atikur Rehman.
[Atikur Rahman v State of U.P, Criminal appeal No. 2674 of 2022, decided on 15-03-2023]
Allahabad HC declines to quash 23-year-old criminal case against Indian politician and congress MP Randeep Singh Surjewala
In an application filed by Randeep Singh Surjewala, Indian politician from Haryana and a member of Indian National Congress party, under Section 482 Code of Criminal Procedure, 1973 (CrPC) filed for quashing the entire proceedings of Case under Sections 147, 332, 353, 336, 333, 427 of the Penal Code, 1860 (‘IPC’), Section 7 of Criminal Law Amendment Act and Section 3 of Prevention of Damage to Public Property Act, the Single Judge Bench of Rajiv Gupta, J. while refusing the prayer for quashing the entire proceedings, said that this Court is not in a position to weigh the factual matrix of the case properly, but Randeep Singh has a right to file a discharge application before the Trial Court.
[Randeep Singh Surjewala v. State of U.P, Application Under Section 482 No. 9093 of 2023, order dated 20-03-2023]
Allahabad High Court suspends one-year sentence of UP Cabinet Minister Nand Gopal Gupta in a 9-Year-old assault case
In an appeal against order passed by Additional Sessions Judge/Special Judge (MP/MLA Court) whereby Uttar Pradesh Cabinet Minister Nand Gopal Gupta (Nandi)has been convicted for the offence under Section 323 read with Section 149 of the Penal Code, 1860 (‘IPC’) and under Section 147 read with Section 149 IPC, the Single Judge Bench of Rajiv Gupta,J. suspended 1 year jail term of Nandi in a 9-year-old assault case and granted him bail.
[Nand Gopal Gupta v. State of U.P, Criminal Appeal No.2590 of 2023, order dated 20-03-2023]
Allahabad HC rejects plea for quashing of proceedings under Muslim Women (Protection of Rights on Marriage) Act
In an application filed under Section 482 of the Code of Criminal Procedure, 1973 (‘CrPC’) filed against the summoning order dated 17-11-2022, passed by the Magistrate for offences under Sections 323, 504, 506 of the Penal Code, 1860 and Section 3 read with Section 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019, the Single Judge Bench of J.J. Munir, J. opined that frequent interference at the initial stage, with prosecutions under the aforesaid law, where there is some material against the accused at the incipient stage, ought not to be made and rejected the application to quash the proceedings.
[Amir v State of UP, Application under Section 482 No. 8906 of 2023, decided on 17-03-2023]
Offences under POCSO are not compoundable; Allahabad HC declines quashing the proceedings based on compromise between parties
In an application filed under Section 482 of the Code of Criminal Procedure, 1973 for quashing the proceedings of Sessions Case for offences under Sections 376(1), 323, 357(ka), 504, 506 of the Penal Code, 1860 and Section 7 read with Section 8 of the Protection of Children from Sexual Offences Act, 2012 (‘POCSO’), the Single Judge Bench of J.J. Munir, J. held that under POCSO, the victims do not have the freedom to compromise, as if it were a compoundable offence or a civil cause.
[Om Prakash v State of UP, Application under Section 482 No. 8514 of 2023, decided on 15-03-2023]
Allahabad High Court refuses relief to Bhim Army member accused of making hate speech against CM Adityanath, Bageshwar Baba and Dhirendra Shastri
In a writ petition filed for quashing the First Information Report(‘FIR’) registered for offences under Section 505(2) of Penal code, 1860 (‘IPC’) with a further prayer to stay the arrest of the petitioner/accused in pursuance of the impugned FIR, the division bench of Ramesh Sinha and Narendra Kumar Johari, JJ. said that from the perusal of the FIR., prima facie, it cannot be said that no cognizable offence is made out, hence no ground exists for quashing of the FIR or staying the arrest of the accused.
[Deepak v State of UP, Criminal Misc. Writ Petition No. 2077 of 2023, decided on 21-03-2023]
When statutory remedy is created by enactment, exercise of inherent power under S.482 cannot be invoked ignoring statutory dispensation: Allahabad High Court
In an application filed under Section 482 of the Code of Criminal Procedure, 1973 (‘CrPC’) for quashing the entire proceedings for offences under Sections 419, 420, 467, 468, 471, 504, 506 of the Penal Code, 1860 (‘IPC’) and Section 3(1)(Da) and 3(1)(Dha) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (‘SC/ST Act’) including the charge sheet as well as cognizance order passed by learned Additional District Judge (Special Judge) SC/ST Act, Shekhar Kumar Yadav, J. has held that when a statutory remedy is created by enactment for redressal of grievances, the exercise of inherent power by way of a petition u/s 482 CrPC could not be invoked ignoring the statutory dispensation.
[Sushil Kumar Singh v State of U.P, Application under Section 482 No. 43713 of 2022, decided on 22-03-2023]
Bombay High Court
Bombay High Court permits Municipal Corporation of Greater Bombay to execute project for providing adequate water supply to citizens around Gorai Village
In a petition filed under Article 226 of the Constitution of India, the Petitioner (Municipal Corporation of Greater Mumbai) is seeking a writ in mandamus directing the Respondent authorities to permit the Petitioner to execute a project of the proposed suction tank for providing adequate water supply to citizens around Gorai Village, a division bench of R D Dhanuka and M M Sathaye, JJ., granted the prayer and held that the said project is for the public good and is in the public interest.
[Municipal Corporation of Greater Bombay v Union of India, 2023 SCC OnLine Bom 485, decided on 24-02-2023]
Bombay High Court directs State to pay Rs 25000 to a Congress worker for his unjustified arrest
In a petition filed by Sandeep Arjun Kudale, a Congress worker seeking quashing of the FIR(s) registered for the alleged offences punishable under Sections 153-A(1)(a), 153-A(1)(b) of Penal Code, 1860 (‘IPC’) with the Kothrud Police Station, Pune, and under Sections 153A(1)(a), 153A(1)(b), 505(2) with the Warje Malwadi Police Station respectively, a division bench of Revati Mohite Dere and Prithviraj Chavan, JJ., quashed the FIR(s), as the offences alleged are without any application of mind, when on the face of it, no such offence was made out against the accused (petitioner).
[Sandeep Arjun Kudale v. State of Maharashtra, 2023 SCC OnLine Bom 519, decided on 27-02-2023]
“Newborn baby includes both ‘full term’ or ‘pre-term’”; Bombay High Court directs payment of insurance claim
In a writ petition seeking declaration of entitlement to recovery of all expenses incurred for treatment of newborn twin babies under the insurance policy, seeking mandamus to the insurance company for disbursing the amount, the Division Bench of G.S. Patel and Neela Gokhale, JJ. held the distinction between a ‘new-born’ and a ‘premature baby’ or a baby born ‘pre-term’ unreasonable and unjust, and directed the insurance company to pay the claim of Rs 11,05,953 to the petitioner.
[Rita Kirit Joshi v. New India Assurance Company, 2023 SCC OnLine Bom 511, judgment dated 1-03-2023]
Bombay High Court: Mere existence of the slightest probability of confusion in case of medicinal product marks requires that the use of such mark be restrained
In a petition filed by Macleods Pharmaceuticals Limited (petitioner) challenging the order passed by the Intellectual Property Appellate Board (respondent 2) (‘IPAB’) directing deletion of registered trademark ‘OFLOMAC’ registered by Sun Pharmaceuticals (respondent 4) for medicinal and pharmaceutical preparations falling in class-5 under the provisions of Section 57 of the Trade Marks Act, 1999, a division bench of Gangapurwala, CJ., and Madhav J Jamdar, J., held that there is no patent error in the impugned decision and is in the interest of the general public as the mark concerns medicinal / pharmaceutical product. It is because confusion in the case of a non-medicinal or a non-pharmaceutical product may only cause economic loss to the person, but on the other hand, confusion in terms of medicinal or pharmaceutical products may have a disastrous effect on health.
[Macleods Pharmaceuticals Limited v Union of India, 2023 SCC OnLine Bom 408, decided on 15-02-2023]
“Stamp Duty is only payable for additional area purchased under Re-development Agreement”: Bombay High Court
In a batch of petitions questioning the law regarding stamp duty levied on Permanent Alternate Accommodation Agreements (‘PAAA’) or Development Agreement (‘DA’) or a Redevelopment Agreement under the Maharashtra Stamp Act, 1958, the Division Bench of G.S. Patel and Neela Gokhale, JJ. held that stamp duty must be paid only on the additional area purchased during redevelopment. The Court made it clear that the interpretation in the present matter shall not be confined to the facts of these cases.
[Adityaraj Builders v. State of Maharashtra, 2023 SCC OnLine Bom 540, judgment dated 17-02-2023]
Bombay High Court dismisses petition against Uddhav Thackeray in disproportionate assets case
In a Public Interest Litigation seeking investigation by the Central Bureau of Investigation (‘CBI’) and the Enforcement Directorate (‘ED’) against various office bearers of the Shivsena Party including Uddhav Thackeray alleging economic offences and disproportionate assets, the Division Bench of Dhiraj Singh Thakur* and Valmiki S.A. Menezes, JJ. dismissed the petition and held the same to be an abuse of the process of law.
[Gouri Abhay Bhide v. Union of India, 2023 SCC OnLine Bom 607, judgment dated 14-3-2023]
Bombay High Court dismisses petition by Air India Employees Union alleging their ‘right to occupy’ allotted accommodations after privatization
The petitions were filed by All India Service Engineers Association, Aviation Industry Employees Guild, and Air Corporation Employees Union (‘Petitioner Unions) representing employees working in Air India Limited (AIL), Air India Engineering Services Limited, and Air India Airport Services Ltd (Respondent Companies) challenging the order dated 12-10-2022 wherein the Central Government declined to make a reference to Central Government Industrial Tribunal (CGIT) under section 10 of Industrial Disputes Act, 1947, inter alia holding that housing is not a term of employment and that therefore the demand cannot be considered as an industrial dispute. A Division of S V Gangapurwala, CJ., and Sandeep V Marne, J., did not interfere with the impugned order as the grievance regarding the alleged right to occupy the premises will be dependent on the terms and conditions of leave and license agreements and thus, open to be decided in appropriate proceedings.
[Air India Services Engineers Association v Union of India, 2023 SCC OnLine Bom 596, decided on 13-03-2023]
“Total negligence and lapse on part of the jail authorities in providing medical treatment”; Bombay High Court awards compensation to family for death in custody
In a Writ Petition under Article 226 of Constitution of India seeking compensation for death of an undertrial prisoner due to negligence on part of jail authorities, the Division Bench of Anuja Prabhudessai* and R.M. Joshi. JJ. observed negligence and lapses on the part of police and jail authorities and directed the State to pay compensation of Rs 10 lakhs to the petitioners.
[Vishnu v. State of Maharashtra, 2023 SCC OnLine Bom 562, judgment dated 2-3-2023]
Bombay High Court quashes order refusing to discharge Raj Thackeray in 2008 riots case
In a Criminal Writ Petition filed by Maharashtra Navnirman Sena (‘MNS’) chief, Raj Thackeray against the order passed by the Additional Sessions Judge refusing to discharge him in Maharashtra 2008 riots case, Amit Borkar, J. quashed and set aside the impugned judgment and order directing the Revisional Court to remand back the proceedings for deciding the application afresh.
[Raj Shrikant Thackeray v. State of Maharashtra, Criminal Writ Petition No. 975 of 2023, decided on 23-3-2023]
Bursting of the tyre is not an ‘Act of God’; Bombay High Court refuses to exonerate the insurance company from paying compensation
In an appeal filed by The New India Assurance Co. Ltd. (appellant), challenging the order passed by the Motor Accident Claims Tribunal, Pune wherein the Tribunal awarded compensation to the insurance company considering negligence of driver of the offending vehicle, S G Dige, J., partly allowed the appeal and upheld the negligence of the driver.
[The New India Assurance Co Ltd v Mrunal Makarand Patwardhan, FIRST APPEAL NO. 1180 OF 2017, decided on 17-02-2023]
Calcutta High Court
Calcutta High Court dismisses change in classification of Tariff heading to avail lower rate of Tariff under GST regime
While upholding the Appellate Authority of Advance Ruling’s order stating that classification of polypropylene bags cannot be changed just to avail a lower tariff rate, Md. Nizamuddin*, J., held the petitioner’s product Polypropylene (PP) Leno Bags is made from Plastic Granules and therefore cannot be treated as Textile Articles.
[Mega Flex Plastics Ltd. v. Union of India, 2023 SCC OnLine Cal 311, decided on 10-02-2023]
Entry of authorised Bank employee in secured property premises for taking possession doesn’t fall under “House Trespass”: Calcutta High Court
While deciding a case related to quashing of criminal proceeding, Rai Chattopadhyay*, J., held that of authorised Bank employee can enter in secured property premises for taking possession and the same would not come within the purview of the description of “house trespass” as provided under S. 442 of the Penal Code, 1860.
[Dipta Dutta v. State of W.B., 2023 SCC OnLine Cal 386, decided on 23-02-2022]
All unilateral appointments of arbitrators are not invalid: Calcutta High Court
While deciding an application filed under S. 14 of the Arbitration and Conciliation Act, 1996 (the Act), for termination of the mandate of the Sole Arbitrator, Moushumi Bhattacharya*, J. held that the de jure or de facto termination of mandate of an arbitrator under S. 14 of the Act must not only be assessed in light of the proviso to S. 12(5) but also with reference to the express agreement entered into between the parties or any wavier by the parties subsequent to the dispute having arisen between the parties.
[McLeod Russel India Ltd. v. Aditya Birla Finance Ltd., 2023 SCC OnLine Cal 330, order dated 14-02-2023]
Party cannot be held liable for failure of bank in sending money by RTGS; Calcutta High Court directs to issue discharge certificate
While allowing a writ petition praying to refund of penalty amount, Bibek Chaudhuri*, J., held that the petitioners cannot be held liable for the failure of the bank in not sending the money by RTGS and directed respondent to refund the penalty amount.
[Millenium Construction v. Designated Committee, Siliguri Commissionerate, WPA 3120 of 2022, decided on 08-02-2023]
Delhi High Court
NGT to strictly abide by the RTI application and provision of RTI law, directs Delhi High Court
The single judge bench of Pratibha M. Singh, J., heard a matter filed by National Green Tribunal (‘NGT’) seeking quashing of the order passed by Central Information Commission (‘CIC’) and set aside the direction laid down by CIC by stating that it had traversed beyond its jurisdiction as the case was primarily an appeal under Section 19 of the Right to Information Act, 2005 (‘RTI’).
[National Green Tribunal v Alok Kumar Ghosh, 2023 SCC OnLine Del 1019, decided on 20-02-2023]
Delhi High Court permits extradition of a German national to face trial for sexual offences against children under the German Criminal Code
In a case wherein a petition was filed by a German national to set aside the Extradition Inquiry Report and the Order of Union of India, a Single Judge Bench of Anish Dayal, J. upheld the impugned order of the ACMM recommending the extradition of the petitioner to the Requesting State (Government of Federal Republic of Germany) to face trial for sexual offences against children under the German Criminal Code.
[Bernd Alexander Bruno Wehnelt, 2023 SCC OnLine Del 1165, decided on 27-2-2023]
Furlough cannot be denied perennially even if the prisoner had earlier jumped parole and was re-arrested after committing another offence: Delhi High Court
In a case wherein a petition was filed under Article 226 of the Constitution of India r/w Section 482 of Criminal Procedure Code, 1973 to challenge the impugned order whereby the application for furlough was dismissed, a Single Judge Bench of Rajnish Bhatnagar, J. granted three weeks of furlough to the petitioner and observed that no rule had been pointed out by the State for such a situation where the furlough had been denied perennially, even with earning of last three annual good conduct report when the accused had jumped parole or furlough or committed a crime.
[Manoj Kumar Singh v. State (NCT of Delhi), 2023 SCC OnLine Del 1164, decided on 21-2-2023]
Portuguese national of Indian origin illegally restrained and detained by Air India Officials at Delhi Airport; Delhi High Court directs Air India Officials to arrange a flight to Ahmedabad for the Portuguese national
In a case wherein a Writ of Habeas Corpus was filed by a Portuguese national of Indian origin who was illegally restrained and detained at Delhi Airport, the Division Bench of *Suresh Kumar Kait and *Neena Bansal Krishna, JJ. opined that the Air India Officials had no business to stop the petitioner at the Delhi Airport and therefore, the Court directed the respondents to arrange a flight for Ahmedabad for the petitioner at their own cost and to allow the petitioner to Ahmedabad with all his belongings and documents.
[Paras Narsi v. Union of India, 2023 SCC OnLine Del 1026, decided on 22-2-2023]
Delhi High Court| Pendency of a partition suit by the son against his parents is no deterrent to the proceedings under Senior Citizens Act, 2007
In a suit filed by the plaintiff-son under Order 39 Rule 1 and 2 read with Section 151 Civil Procedure Code (CPC) seeking ex-parte ad-interim injunction praying to stay further proceedings of the case as initiated by parents of the plaintiff against the plaintiff under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (Senior Citizens Act). The suit further seeks to declare that the suit property is a Hindu undivided family (HUF) property, and the plaintiff has the coparcenary rights in the same. Mini Pushkarna, J., held that the pendency of a partition suit by the son against his parents is no deterrent or hindrance to proceeding with the matter before the Maintenance Tribunal under the Senior Citizens Act and it can continue, thus, relevant orders can be passed by the competent authority under the said Act, irrespective of any litigation for partition of the property in question.
[Aditya Gupta v Narender Gupta, 2023 SCC OnLine Del 1127, decided on 24-02-2023]
Non-signatory parties can be subjected to arbitration in accordance with Doctrine of Group of Companies: Delhi High Court
In an arbitration petition under Section 11 of the Arbitration and Conciliation Act, 1996, (‘Arbitration Act’) filed by Aditya Birla Finance Limited seeking appointment of a Sole Arbitrator, the single judge bench of V. Kameswar Rao, J., stated that non-signatory or third party could be subjected to arbitration without their prior consent if there was a clear intent of the parties to bind both the signatory as well as non-signatory parties which was in accordance with clause 12 of Credit Arrangement Letter (‘CAL’) and clause 33 of the Facility Agreement.
[Aditya Birla Finance Limited v SITI Networks Limited, 2023 SCC OnLine Del 1290, decided on 03-03-2023]
Delhi High Court directs GNCTD to undertake special recruitment drive for filling up backlog of vacancies for Persons with Disabilities
In a petition filed by the National Federation of the Blind (NFB) (petitioner) alleging inaction on the part of the State (respondent) in filling up the vacancies which are reserved for Blind and Low Vision candidates. It is further challenging the inaction on the part of the State in not providing reservations to Disabled Persons (Blind and Low Vision) keeping in view Section 33 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 read with Right of Persons with Disabilities Rules 2017. A division bench of Satish Chandra Sharma, CJ., and Subramonium Prasad, J., directed the Chief Secretary, Government of NCT of Delhi (GNCTD) to undertake a special recruitment drive for filling up the backlog of vacancies for the Persons with Disabilities in a time bound manner.
[National Federation of the Blind v. Govt of NCT of Delhi, 2023 SCC OnLine Del 1403, decided on 06-03-2023]
Delhi High Court reprimands owners of TVF web series ‘College Romance’ over “obscene, lascivious and profane language”
In a petition filed by TVF Media Labs Private Limited, the single judge bench of Swarana Kanta Sharma, J., while upholding the order passed by Additional Sessions Judge, Rohini District Court, New Delhi (‘ASJ’) which charged the petitioner under the provision of the Information Technology Act, 2000 (‘IT Act’) and directed to register a First Information Report (‘FIR’) against the petitioner, stated that the use of vulgar language in public domain and social media platform which are open to children of tender age needs to be taken seriously.
[TVF Media Labs Private Limited v. State (Govt of NCT of Delhi), 2023 SCC OnLine Del 1382]
Delhi High Court directs the Passport Authority to expeditiously decide Mehbooba Mufti’s fresh passport application
Exercising its writ jurisdiction, the single judge bench of Pratibha M. Singh J., directed Regional Passport Officer (‘RPO’) in Srinagar to decide the passport renewal application of People’s Democratic Party chief Mehbooba Mufti (‘petitioner’) within 3 months.
[Mehbooba Mufti v Joint Secretary (PSP) and Chief Passport Officer, 2023 SCC OnLine Del 1398, decided on 03-03-2023]
Delhi High Court allows a woman to terminate 28 weeks pregnancy due to existence of “substantial foetus abnormalities”
In a case wherein a woman filed the petition for termination of her 28 weeks pregnancy, a Single Judge Bench of *Prathiba M. Singh, J. allowed the termination of 28 weeks pregnancy as the report from the Medical Board of AIIMS suggested an evolving hypoplastic left heart syndrome with poor postnatal prognosis in the foetus.
[Mrs. A. v. State (NCT of Delhi), 2023 SCC OnLine Del 1405, decided on 7-3-2023]
Delhi High Court grants bail to an accused alleged of duping customers into taking loans through Chinese mobile application ‘Agile Loan’
In an application filed under Section 439 of Criminal Procedure Code, 1973 seeking regular bail in a case registered under Sections 419, 420, 354-A, 384, 389, 509 and 120-B of Penal Code, 1860 (‘IPC’), registered at PS Special Cell, Amit Sharma, J., granted bail upon his furnishing a personal bond in the sum of Rs. 50,000/- along with one surety of like amount to the satisfaction of the learned trial Court/Duty Magistrate.
[Mukesh Kumar v State of NCT of Delhi, 2023 SCC OnLine Del 1379, decided on 06-03-2023]
Delhi High Court holds plea regarding ‘invalidity of registrations’ granted in favour of the trademark BURGER KING as untenable
In a suit filed by Burger King Corporation (plaintiff) seeking a permanent injunction against the defendants restraining them from infringing the plaintiff’s trademark ‘BURGER KING’ and further challenging the defenses raised by the defendants in their written statement that the plaintiff’s registered trademark ‘BURGER KING’ is liable to be cancelled, Amit Bansal, J., held that the plea raised by the defendant regarding the invalidity of registrations granted in favour of the plaintiff in respect of the trademark ‘BURGER KING’ and other formative marks, is prima facie not tenable.
[Burger King Corporation v Ranjan Gupta, 2023 SCC OnLine Del 1383, decided on 06-03-2023]
Delhi High Court deletes remarks in the orders passed by the Trial Court against police officers
In a case wherein the Trial Court passed remarks such as “negligent” and “insensitive” against the petitioner and other police officers and blamed them for the delay in filing of FSL Report of voice samples, a Single Judge Bench of *Swarana Kanta Sharma, J. held that there was no material or occasion before the Trial Court to hold the petitioner guilty for the delay in preparation of FSL Report by repeatedly terming him as “negligent” and “insensitive”. The Court further opined that passing such comments might impair a person’s confidence, work, and reputation.
[Sanjay Kumar Sain v. State (NCT of Delhi), 2023 SCC OnLine Del 1260, decided on 1-3-2023]
Delhi High Court discusses on the distinction between ‘descriptive’ and ‘suggestive’ trademarks in the context of the mark ROYAL and its use in relation to rice
In an application filed by Lt. Overseas North America Inc. (plaintiff) seeking to restrain KRBL Limited (defendant) from producing, selling etc., bearing the impugned mark/ package ‘ZABREEN ROYAL’ which is identical/deceptively like the plaintiff’s mark/label ‘ROYAL’ to result in infringement or passing off or unfair competition or their dilution, Navin Chawla, J., restrained the defendant from using the packaging complained of by the plaintiff during the pendency of the present suit.
[Lt Overseas North America Inc. v. KRBL Limited, 2023 SCC OnLine Del 1121, decided on 24-02-2023]
Celebration of ‘Cow Hug Day’ a policy matter; Delhi High Court dismisses plea challenging withdrawal notification by Animal Welfare Board
In a petition filed by the petitioner challenging the impugned notification dated 10-02-2023 issued by the Animal Welfare Board of India (‘AWBI’) (respondent 1) by which the celebration of ‘Cow Hug Day’ has been withdrawn, Prathiba M Singh, J., did not interfere with the petition opining that the celebration of any particular event by the Animal Welfare Board is purely in the domain of policy of the said Board and the Government.
[Kolisetty Shiva Kumar v Animal Welfare Board of India, 2023 SCC OnLine Del 1372, decided on 03-03-2023]
Delhi High Court dismisses PIL filed seeking directions to draft and implement a comprehensive scheme to address the grievances of home buyers availing home loans
A PIL filed by the Court on its own motion by converting a letter of Vinod Kumar Naugain wherein the issuance of directions are sought to the Central Government to draft and implement a comprehensive scheme to address the grievances of home buyers availing home loans, including those buyers who haven’t been given possession of their flats by their builders and are still paying monthly instalments towards EMI payment, and are thus, unable to claim tax benefits on the payment of such monthly interest amounts. A division bench of Satish Chandra Sharma, CJ., and Subramonium Prasad, J., dismissed the plea as there is a proper regimen available to redress the grievances of a home buyer and in view of the Master Circular dated 01-07-2015, titled as “Master Circular – Loans and Advances – Statutory and Other Restrictions”, and “Master Circular – Housing Finance” issued by the Reserve Bank of India.
[Court on its own motion v Govt of NCT of Delhi, 2023 SCC OnLine Del 1546, decided on 13-03-2023]
Applications for refund of ITC cannot be rejected merely because of suspicion without any cogent material: Delhi High Court
In a case wherein the application for refund of Input Tax Credit (“ITC”) was rejected, a Division Bench of Vibhu Bakhru* and Amit Mahajan, JJ. opined that that the petitioner’s refund applications had been rejected merely because of suspicion without any cogent material, therefore, the Court held that the applications for ITC refund could not be denied to the petitioner.
[Balaji Exim v. Commissioner, CGST, 2023 SCC OnLine Del 1412, decided on 10-3-2023]
Woman’s consent to man’s company cannot be inferred as a consent to sexual liaison: Delhi High Court dismisses bail application of a spiritual guru
In a case wherein a man pretending to be a spiritual guru was alleged of molesting and having a physical liaison with a Czech national woman on the pretext of helping her perform the last rites of her deceased husband and sought grant of regular bail in case registered under Sections 354 and 376 of the Penal Code, 1860, a Single Judge Bench of Anup Jairam Bhambhani, J.* opined that merely because the woman agreed to accompany the spiritual guru to various holy places for the purposes of conducting last rites and rituals, did not ipso facto imply that she consented to sexual relations with him. Further, the Court denied granting a regular bail as the Court was not re-assured that the petitioner (spiritual guru) would not interfere during justice by practicing the same guile and deception.
[Sanjay Malik @ Sant Sevak Das v. The State, 2023 SCC OnLine Del 1477, decided on 14-3-2023]
Delhi High Court considers multiplicity of cheque bounce cases vis-a-vis Section 219 CrPC; issues notice to NCTD
In a criminal miscellaneous petition under section 482 of the Code of Criminal Procedure 1973 (Cr.P.C.), the single judge bench of Anup Jairam Bhambhani issued a notice to the State while considering the applicability of Section 219 CrPC in cheque bounce cases under the provision of Negotiable Instruments Act, 1881 (‘NI Act’).
[Gaurav Mittal v State NCT Delhi, 2023 SCC OnLine Del 1528, decided on 06-03-2023]
Delhi High Court denies relief for specific performance of collaboration agreement in view of the bar under Section 14 (d) Specific Relief Act, 1963
In a petition filed by Yassh Deep Builders (petitioner), a limited liability Partnership, under Section 9 of the Arbitration & Conciliation Act, 1996, seeking direction to the owner of the land (‘respondent 1’), to maintain status quo with respect to the land forming part of the subject matter under litigation. It further seeks to restrain respondent 1 from directly or indirectly, selling, transferring, alienating or creating any third -party rights in any manner whatsoever with respect to the land, Chandra Dhari Singh, J., held that where the agreement already stood terminated, without a challenge to the same, there remains no scope under Section 9 of the Arbitration Act or Section 10 of the Specific Relief Act.
[Yassh Deep Builders v Sushil Kumar Singh, 2023 SCC OnLine Del 1499, decided on 14-03-2023]
Delhi High Court directs Government to grant age relaxation of two years as a ‘one time measure’ for the post of Sepoy Pharma in Indian Army
A Division Bench of Suresh Kumar Kait and Neena Bansal Krishna, JJ.* noted that the appointment to the post of Sepoy Pharma in Indian Army was last made in 2019 and the last date of applying for the post of Sepoy Pharma for the year 2023 was 15-3-2023, therefore, the Court directed the respondents to issue a Corrigendum declaring age relaxation of two years as a ‘one time measure’ and extending the date of inviting applications for the post of Sepoy Pharma in Indian Army.
[Nitish Kumar v. Union of India, 2023 SCC OnLine Del 1542, decided on 14-3-2023]
Delhi High Court dismisses PIL by Subramanian Swamy against Union approval for JV partnership between Air Asia Investments Ltd and Tata Sons
In a petition filed by Subramanian Swamy (petitioner) challenging the decision dated 03-04-2013 passed by the Ministry of Finance, Department of Economic Affairs, Government of India approving AirAsia Investment Ltd., a Malaysian company, to incorporate a new joint venture company with foreign equity of 49% and the balance 51% equity share to be held in the ratio of 30% by Tata Sons Ltd. and 21% by Telestra Trade Pvt. Ltd, a division bench of Satish Chandra Sharma, CJ., and Subramonium Prasad, J., disposed of the petition as there is no foreign investment as of today, thus, the prayers made in the writ petition have become purely academic.
[Subramanian Swamy v Union of India, 2023 SCC OnLine Del 1544, decided on 13-03-2023]
Delhi High Court expunges extra judicial remarks passed against police officials and investigating agencies while hearing a bail application
In a petition filed by the State seeking to set aside orders passed by the Additional Sessions Judge, South District, Saket Courts in a bail application and seeking to expunge extra judicial remarks made against the police officers and setting aside directions of initiating inquiry against the police officers, Anish Dayal J., directed that all extrajudicial remarks made against the police officers including the IO, DCP (South) and the Commissioner of Police are expunged from the orders as sought. It was further directed to delete all directions relating to conduct inquiries against police officers or notices that have been issued to the police officers for contempt or for criminal proceedings.
[State v Sumit Gupta, 2023 SCC OnLine Del 1441, decided on 06-03-2023]
Delhi High Court directs Indian Embassy in Tashkent to ensure medical care and proper legal representation of the Indian national arrested in Uzbekistan
The present petition was filed by the petitioner, who is the sister of Mr. Raghwendra Pratap Singh, an Indian national who has been arrested in Uzbekistan. The stand of the petitioner is that consular access has not been provided to him and his wife is unable to meet him. The petition also seeks an appointment of a lawyer to defend his case in the Uzbekistan courts, and supply him all the official documents relating to his arrest, detention, and investigation, as also documents relating to the licensing, and approvals of the medicine ‘Dok1 Max’, Prathiba M Singh, J., directed the Indian Embassy in Tashkent to ensure that they periodically meet the detainee in order to continuously satisfy themselves as to his physical, mental health provisions for his medical care as also proper legal representation.
[Reena Singh v Union of India, 2023 SCC OnLine Del 1413, decided on 06-03-2023]
Delhi High Court sets aside the rejection of the professional wrestlers made by the Oversight Committee of M.C Mary Kom, Yogeshwar Dutt and Babita Phogat
While exercising it’spower under the writ jurisdiction, the single judge bench of Pratibha M. Singh had observed that an irreparable prejudice would be caused to the petitioners if they were not permitted to participate in the trials, as they would in effect be excluded from competing for the Asian Championship 2023 as also the Paris Olympics 2024. The Court, accordingly, held that the petitioners ought to be permitted to participate in the trials in their respective categories to be judged on their own merit.
[Anuj Kumar v Union of India, 2023 SCC OnLine Del 1440, decided on 09-03-2023]
Delhi High Court summons ADM, Delhi Balram Meena and ADM Rakesh Dahiya for alleged missing of valuable land records from the office of sub-registrar
In a petition filed by Iqbal Singh (petitioner) seeking certified copies of the case ‘Gaon Sabha, Bijwasan v. Ballu Ram’, Appeal No. 148/03 being aggrieved that despite making repeated visits to the office of Additional District Magistrate (respondent) and repeated representations being written, certified copies are not being issued, Prathiba M Singh, J., summoned officials at the next date of hearing. The Court also observed that in many matters, records are going missing from the offices of the Sub-Registrars and other officials, which is a matter of serious concern.
[Iqbal Singh v Additional District Magistrate, 2023 SCC OnLine Del 1419, decided on 06-03-2023]
‘PNG Regulatory Board may tear down statutorily constructed bubble of exclusivity’; Delhi High Court balances rights of consumers and PNG ‘authorised entities’
While exercising its writ jurisdiction, the single judge bench of Yashwant Varma, J., quashed the order passed by the Petroleum and Natural Gas Regulatory Board (‘respondent’) but safeguarded the liberty to re-valuate the issue of Minimum Work Programme (‘MWP’) target. The respondent stood empowered to grant the request of a consumer to source natural gas from an alternate supplier if it was found that the authorised entity (‘AE’) was not in a position to meet the requirements of the customer.
[AGP City Gas Private Limited v Petroleum and Natural Gas Regulatory Board, 2023 SCC OnLine Del 1575, decided on 15-03-2023]
University of Delhi arbitrarily cancels seat alloted to a candidate; Delhi High Court directs admission in next academic year 2023-24
In a petition challenging the seat allotted to the candidate in the program B.A. (Hons) Geography in Kirori Mal College, University of Delhi which was cancelled on the ground of ‘non-fulfilment of the subject mapping criteria’, the single Judge Bench of Vikas Mahajan, J., while exercising its civil writ jurisdiction held that seat allotted to the petitioner was arbitrarily and erroneously cancelled by the University of Delhi in breach of the terms and conditions stipulated in the Bulletin of Information for no fault of the petitioner, and further stated that the petitioner was a deserving and meritorious student who had made to the merit list in Round I of the counselling and accordingly directed the University of Delhi to admit the petitioner in the next academic year i.e. 2023-24 for the Program of B.A. (Hons.) Geography in the Kirori Mal College.
[Ravindra Bishnoi v National Testing Agency, Writ Petition (Civil) 16482 of 2022, decided on 06-03-2023]
Protest by violent means can never be a part of Democracy, Delhi High Court overturns the discharge of accused in the Jamia violence case
By way of a revision petition under Section 397 of the Code of Criminal Procedure, 1973 (‘CrPC’), the State sought to set aside the impugned order passed by the Additional Sessions Judge, Special Judge (NDPS), Saket Court, New Delhi wherein the respondents were discharged and charges were framed only against accused 1 for offences punishable under Sections 143, 147, 148, 149, 186, 353, 332, 308, 427, 435, 323, 341, 120-B, 34 of Penal Code, 1860 (‘IPC’) and Sections 3 and 4 of Prevention of Damage to Public Property Act, 1984 (‘PDPP Act’). The single Judge Bench of Swarna Kanta Sharma, J., while exercising its criminal revision jurisdiction partially set aside an order discharging Sharjeel Imam, Safoora Zargar and Asif Iqbal Tanha and 8 others in 2019 Jamia violence case and stated that protest by violent means can never be part of democracy. “Even if the purpose of their assembly was initially lawful to protest against the Government policy, had it been confined to the same by peaceful means and there would have been no insistence of use of force and violence in order to march to a curfew bound area, the case would have been different.”
[State v Mohd Qasim, Criminal Revision Petition 141 of 2023, decided on 28-03-2023]
[POCSO Act] Minor girl misrepresented her age and showed herself to be a major; Delhi High Court suspends sentence of a man accused of raping a minor girl
A Single Judge Bench of Jasmeet Singh, J.* noted that the minor girl had gone with the appellant by misrepresenting her age and showing herself to be a major, thus, the Court suspended the sentence of a man who was convicted for raping the minor girl.
[Babloo v. State (NCT of Delhi), Crl. A. 91 of 2021, decided on 24-3-2023]
[Antrix-Devas Deal] Delhi High Court upholds decision of setting aside ICC Award of $562.5 million on the ground of fraud
In a case wherein an appeal was filed under Section 37 of the Arbitration and Conciliation Act, 1996 (“Act”) against the judgment passed by the Single Judge, wherein the ICC Award was set aside on the grounds that it suffered from fraud, patent illegality and was in conflict with the public policy of India, the Division Bench of Satish Chandra Sharma, C.J. and Subramonium Prasad, J.* upheld the decision of the Single Judge to set aside the ICC Award of $562.5 million, in favour of Devas Multimedia (P) Ltd. for a failed satellite agreement on the grounds of fraud and that it was in conflict with the public policy of India.
[Devas Employees Mauritius (P) Ltd. v. Antrix Corporation Ltd., FAO(OS) (COMM) 289 of 2022, decided on 17-3-2023]
‘Infirmity’ must consist of a disability that incapacitates a person to perform ordinary routine activities; Delhi High Court grants bail to former director of Shakti Bhog Foods Limited
In a petition filed by Kewal Krishan Kumar (petitioner) was one of the directors, promoters, and guarantors of Shakti Bhog Foods Limited seeking bail under Sections 3 and 4 of the Prevention of Money Laundering Act, 2002, Jasmeet Singh, J., granted bail to the applicant as he has been in custody for over 18 months and investigation qua the applicant is complete but no chargesheet has been filed.
[Kewal Krishan Kumar v Enforcement Directorate, 2023 SCC OnLine Del 1547, decided on 17-03-2023]
Delhi High Court upholds life imprisonment of a man convicted for murdering his wife and for assaulting daughter
In a case wherein a man challenged the decision of the Trial Court whereby he was convicted for murder of his wife (deceased) and for assaulting his daughter (victim) and he also challenged the order of sentence whereby he was directed to undergo life imprisonment along with fine of Rs. 5,000, the Division Bench of Mukta Gupta* and Poonam A. Bamba, JJ. dismissed the present appeal upholding the Trial Court’s decision and further held that the accused-appellant had not been able to render a plausible explanation as to the homicidal death of the deceased and rather took a false plea that thieves entered his house who allegedly committed the offence.
[Hari Om v. State (NCT of Delhi), Crl. A. 624 of 2018, decided on 20-3-2023]
Delhi High Court set aside rejection of candidature for appointment to Delhi Higher Judicial Services, 2022
In a petition filed by Ashish Rastogi (petitioner) seeking setting aside of the final result notice of the Delhi Higher Judicial Services Examination, 2022 (‘impugned notice’) dated 10-11-2022, only insofar as it rejects the candidature of the petitioner for appointment to the Delhi Higher Judicial Services (‘DHJS’) for not being covered under the expression “continuously practicing advocate for not less than 7 years preceding receipt of applications” which is a mandatory qualification for selection to the DHJS. A division bench of Najmi Waziri and Vikas Mahajan, JJ., set aside the rejection order and directed to modify the impugned result notice by including the petitioner at Serial No. 17 or higher, if it is so requisite, in the list of successful candidates as he has scored 623.5 marks, which are more than the 621.50 marks scored by the candidate currently shown at Serial No. 17.
[Ashish Rastogi v. High Court of Delhi, W.P.(C) 15705 of 2022, decided on 17-03-2023]
[Contempt of Court] Advocate under Delhi Bar Council carrying on the business of PG accommodation; Delhi High Court sentences for willful non-compliance of its order
In a contempt petition filed by the petitioner due to the contemnor, Mr. Arvind Malik’s (respondent) willful non-compliance with the order dated 15-02-2021 passed by a coordinate bench of this Court with respect to the directions to the respondent to pay use and occupation charges for the subject property, Manmeet Pritam Singh Arora, J., held that the Respondent who has abused the legal process and shown disregard for the orders of the Court, this Court sentences respondent, contemnor, Mr. Arvind Malik to undergo six (06) months simple imprisonment along with a fine of Rs. 2,000/- and in default on the payment of fine, he shall further undergo fifteen (15) days simple imprisonment.
[Parnita Kapoor v Arvind Malik, 2023 SCC OnLine Del 1553, decided on 16-03-2023]
Permissible to increase school fee to generate funds for expansion and betterment of educational facilities: Delhi High Court
A Single Judge Bench of Sanjeev Narula, J.* held that since the unaided schools were entirely dependent on the fee collected by them, they would obviously like to earmark funds for specific purposes and thus, planning and maintaining a surplus per se could not be construed as commercialization of education. Therefore, the Court further held that schools were entitled to maintain a reasonable surplus for expansion of the system and development of education and the same was permissible in law.
[Mahavir Sr. Model School v. Directorate of Education, 2023 SCC OnLine Del 1587, decided on 15-3-2023]
‘Interest cannot be withheld in the absence of express provisions permitting the same’; Delhi High Court partially sets aside arbitral award for being patently illegal
In a petition filed by Bawana Infra Development Pvt Ltd. (petitioner) under Section 34 of the Arbitration and Conciliation Act, 1996 seeking to set aside the impugned award dated 12-09-2018 passed by the sole arbitrator relating to the concessionaire agreement with respect to the re-development, operation, and maintenance of the ‘Bawana Industrial Area, Chandra Dhari Singh, J., held that there appears patent illegality in the impugned award on the ground that the impugned award with respect to Claim 7 was not well-reasoned as required by the Act under Section 31(3), and the impugned award with respect to the award in Claim 11 is contrary to the provisions of the Agreement between the parties.
[Bawana Infra Development Private Limited v Delhi State Industrial & Infrastructure Development Corporation Limited, 2023 SCC OnLine Del 1569, decided on 16-03-2023]
Recovery of penal rent from Air India employees for occupying Air India Colony held unlawful: Delhi High Court
In a case wherein the employees of Air India Ltd. were allotted accommodation in Air India Colony and post disinvestment, the employees who failed to vacant the accommodation were liable to pay penal rent for the period of unauthorised occupancy, a Single Judge Bench of Mini Pushkarna, J.* held that no penal rent could have been deducted by the respondents randomly and in such arbitrary manner, without following the due process of law.
[Capt. Amitabh Rajan v. Union of India, W.P. (C) 10889 of 2022, decided on 24-3-2023]
Delhi High Court set aside 1-year suspension of BJP MLA Vijender Gupta of Delhi Legislative Assembly
In a petition filed by the petitioner, Mr. Vijender Gupta, a sitting MLA of the Delhi Legislative Assembly (‘DLA’), challenging the suspension order which was imposed on him during the proceedings of the DLA on 21-03-2023, Prathiba M Singh, J., sets aside the suspension order in terms of Rule 227(3)(b) of the Rules of Procedure and Conduct of Business in the Legislative Assembly of the National Capital Territory of Delhi (‘Rules’) because the suspension could have only to be for a period of three days which the petitioner has already served in effect.
[Vijender Gupta v Legislative Assembly of NCT of Delhi, W.P.(C) 3792/2023, decided on 24-03-2023]
Unauthorized occupants of dharmshalas and jhuggis be removed from the Kalkaji Mandir premises within 48 hours; Delhi High Court directs arrangements for Navratri
In multiple petitions filed pertaining to various issues of Kalkaji Mandir, Prathiba M Singh, J. directed arrangements for Navratris starting from 22-03-2023.
[Neeta Bharadwaj v Kamlesh Sharma, FAO 36/2021, decided on 15-03-2023]
Delhi High Court| State Government made efforts to rehabilitate jhuggi dwellers on paper, but the ground reality is far from desirable
In an appeal filed by Keshaw Sanyasi Gawo Shewashram (appellant) against an order dated 10-02-2023 passed by the Single Judge relating to an eviction notice issued by the Public Welfare Department (Respondent 2), for the land occupied by the appellant, a division bench of Satish Chandra Sharma CJ., and Subramonium Prasad, J., did not interfere with the impugned order as the case involves the question of facts to be determined only by leading evidence. It further held that the right to housing is a part and parcel of the right to livelihood, health, food, clean drinking water, sewage and transport facilities, such facilities must be provided to individuals who will be relocated to Geeta Colony, Dwarka.
[Naveen Arora v High Court of Delhi, W.P.(C) 7391/2022, decided on 23-03-2023]
Issue of consent in sexual assault offences requires scrutiny; Delhi High Court upholds Trial Court’s Order of discharging a man accused of raping a married woman for 12 years
In a case wherein a man was accused of raping a married woman for 12 years and having two children with her, a Single Judge Bench of Swarana Kanta Sharma, J.* upheld the Trial Court’s Order of discharging the man. The Court further opined that the consent of the woman was implied as well as expressed which had not been coerced or misguided or obtained through deceit since the woman for 12 long years maintained sexual relationship with the man.
[Naveen Arora v High Court of Delhi, W.P.(C) 7391/2022, decided on 23-03-2023]
Delhi High Court grants permanent injunction to SanDisk LLC for its trade marks ‘SanDisk’ and ‘Cruzer Blade’; awards Rs. 5 lakhs as damages
A Single Judge Bench of Amit Bansal, J.* granted permanent injunction in favour of SanDisk LLC for the infringement of its trade marks ‘SanDisk and ‘Cruzer Blade’. The Court also opined that this was not a case of innocent adoption and therefore, the plaintiffs were entitled to damages of Rs. 5,00,000 which were to be recovered from the defendant.
[Sandisk LLC v. Excel Marketing, CS (COMM) 992 of 2018, decided on 17-3-2023]
Delhi High Court upheld life term of six murder convicts who shot a man dead in personal enmity
In a case wherein six murder convicts challenged the judgment wherein they were convicted for murder and were directed to undergo imprisonment for life along with fine of Rs. 10,000 each, the Division Bench of Mukta Gupta* and Poonam A. Bamba, JJ. dismissed the appeals and opined that at the stage when firing was started, the conduct of the two eyewitnesses in running away and hiding for some time and immediately on the accused running away coming to the rescue of the deceased could not be said to be unnatural as self-preservation was the first instinct of any human being.
[Vinod alias Kake v. State (NCT of Delhi), Crl. A. 1028 of 2017, decided on 22-3-2023]
Delhi High Court quashes summons issued to “The Wire” editors in a criminal defamation case filed by a former JNU Professor
A Single Judge Bench of Anup Jairam Bhambhani, J.* quashed and set aside the summons issued to the editor and deputy editor of “The Wire” in a criminal defamation case over a publication on a dossier allegedly depicting JNU as a “den of organised sex racket”.
[The Wire through its Editor v. Amita Singh, Crl. M.C. 2792 of 2017, decided on 29-3-2023]
Gauhati High Court
Gauhati High Court directs Assam Government to properly implement policies framed in pursuance of Right to Education Act
While deliberating over the instant PIL seeking to direct the authorities in the Government of Assam to ensure proper compliance and implementation of the requirement of Section 12(1)(c) of the Right of Children to Free and Compulsory Education Act, which provides for education to the extent of at least 25% of the strength of a class for children belonging to weaker section and disadvantaged group in the neighbourhood of the school and provide free and compulsory elementary education till its completion, the Division Bench of Achintya Malla Bujor Barua* and Robin Phukan, JJ., issued the directions.
[Debargha Roy v. State of Assam, 2023 SCC OnLine Gau 839, decided on 10-03-2023]
“A class of its own in the category of frivolous cases”: Gauhati High Court berates counsels who signed Vakalatnama for non-existent petitioner
In this unique matter, the Bench of Sanjay Kumar Medhi, J.*, while expressing his shock over the facts of the instant case which he described as “a class of its own in the category of frivolous cases”, imposed a cost of Rs 50,000 for each of the counsels who signed a Vakalatnama for a petitioner who was totally non-existent. The Court sternly observed that counsels had taken the judicial process for a ride for more than last six years by instituting and continuing a case by a non-existing person.
[Beolin Kharbhih v. State of Assam, WP(C)/5139/2016, decided on 23-03-2023]
Himachal Pradesh High Court
[‘Old Monk’ Trademark Dispute] Himachal Pradesh High Court grants ad-interim injunction in favour of Mohan Meakin Ltd
In a case related to infringement of trademark Vivek Singh Thakur*, J., held that the applicant had prima facia made out a case of trademark infringement and passed an ad-interim injunction.
[Mohan Meakin Ltd. v. Accord Distillers & Brewers (P) Ltd., COMS No.1 of 2023, order dated 17-03-2023]
Jammu & Kashmir and Ladakh High Court
Can employees of a company alone be prosecuted and held liable without arraignment of the company as an accused? J&K and Ladakh High Court answers
While deciding the instant petition for quashment wherein the issue arose that whether employees of a company alone can be prosecuted and held liable without arraignment of the company as an accused, the bench of Rajesh Sekhri*, J., held that when the company is an offender, vicarious liability of its directors can be imputed in terms of the provisions of a statue, making it a deeming fiction.
[Reema Arora v. Department of Agriculture, CRM(M) No. 156/2021, decided on 10-03-2023]
Sessions Court or Children’s Court has not been vested with revisionary power under Juvenile Justice Act: J&K and Ladakh High Court
While deciding the instant petition challenging the order of the Sessions Court passed “in exercise of its revisional jurisdiction” under Juvenile Justice (Care and Protection of Children) Act, 2015, the Bench of Sanjay Dhar*, J., set aside the impugned order stating that under Section 102 of Juvenile Justice Act, 2015, revisionary power is vested with the High Court only. The Sessions Court or the Children’s Court has not been vested with such powers under the said Act. Thus, the applicability of provision relating to the revision i.e., Section 397 of CrPC has been ousted by Section 1 (4) of JJ Act, read with Section 5 CrPC as Juvenile Justice Act is a special legislation.
Motor Accidents Claim| Can Insurance claim be recovered in case of death/bodily injuries of unauthorised passengers? J&K and Ladakh High Court answers
While deciding a bunch of appeals wherein question arose that whether the Insurance Company can be saddled with the liability to satisfy an award on account of death or bodily injuries of an unauthorised passenger and whether an order of “pay and recover” can be made against the insurer; the Bench of Sanjay Dhar*, J., answered the question in favour of the Insurance Company and stated that in the scenarios covered in the instant appeals, perusal of the terms of the policy of insurance clearly show that risk to the life of the passengers travelling in the offending truck was not covered. Vis-à-vis order of “pay and recover”, the Court held that once it is shown that deceased/injured in the instant appeals were travelling as unauthorised passengers in the offending truck, their risk was not covered under the terms of policy of insurance. Therefore, the direction for pay and recover can also not be passed against the Insurance Company in these cases.
[National Insurance Company Ltd v. Mursa Begum, 2023 SCC OnLine J&K 154, decided on 10-03-2023]
Workmen won’t be estopped from challenging retrenchment order if employer does not follow S. 25-F of Industrial Disputes Act: Jammu and Kashmir and Ladakh HC
While deciding the instant intra court appeal wherein Indian Tourism Development Corporation Ltd., (ITDCL) had challenged the decision of the writ court regarding reinstatement of certain retrenched workers, the Division Bench of Rajnesh Oswal* and Mohan Lal, JJ., held that once the employer has not followed the statutory obligation under Section 25-F of Industrial Disputes Act, 1947, then the acceptance of the retrenchment amount would not to be an estoppel for the workmen to challenge the order of retrenchment.
[Indian Tourism Development Corporation Ltd. v. Fayaz Ahmad Sheikh, LPA No. 163/2022, decided on 10-03-2023]
Jharkhand High Court
Electricity connection cannot be refused due to outstanding dues of erstwhile owner: Jharkhand High Court
In a writ petition filed against Jharkhand Bijli Vitran Nigam Limited (‘JBVNL’) rejecting electricity connections due to pending dues of the erstwhile occupant, Rajesh Shankar, J. held that refusal to electrical connections cannot be on the grounds of outstanding dues of the erstwhile owner/occupant since JBVNL have failed to show any nexus between the erstwhile and present owner of the said premises.
[Shivam Builders and Developers v. Jharkhand Urja Vikas Nigam Ltd., 2023 SCC OnLine Jhar 269, dated 9-02-2023]
Karnataka High Court
Karnataka State Commission for Protection of Child Rights is an advisory body and has no power to adjudicate any lis between two parties: Karnataka High Court
While deciding the instant petition wherein the petitioner challenged the order passed by Karnataka State Commission for Protection of Child Rights which permitted the 2nd respondent-husband to visit the child every first and third Saturday for a specified time and make arrangements to pick up and drop off the child, the Bench of Jyoti Mulimani*, J., quashed the impugned order while noting that Karnataka State Commission for the Protection of Child Rights is an advisory body which can frame or suggest policy decisions with respect to the child’s rights to the State Government; and, has not been statutorily empowered to adjudicate or decide adversarial proceedings. The State Commission has no power to adjudicate any lis between two parties.
[Manisha Sharma v. Karnataka State Commission for Protection of Child Rights, 2023 SCC OnLine Kar 6, decided on 03-02-2023]
What are the important factors which can take away the rigor of ingredients pertaining to S. 375 and S. 376 of IPC? Karnataka High Court answers
While deciding the instant matter wherein the petitioner was accused of inducing the respondent’s consent for sexual intercourse under false pretext of marriage, the bench of M. Nagaprasanna, J*., observed that consent of a woman on a promise to marry is always an enigma. The Court quashed the charge sheet insofar as offences punishable under Sections 376, 376(2)(n), 354, 406 and 504 of the IPC while pointing out that ‘consent’ in the case at hand is not once, twice or thrice; not for days or months; but for five years precisely, as narrated in the complaint as the two were in love. Therefore, for five long years, it cannot be said that the consent of a woman has been taken for having sexual acts, all along against her will. It is the length of the relationship and the acts in such period of such relationship between the two that takes away the rigor of ingredients of Section 375 of the IPC, for it to become an offence under Section 376 of the IPC.
[Mallikarjun Desai Goudar v. State of Karnataka, 2023 SCC OnLine Kar 8, decided on 28-02-2023]
Principle of comity of courts is salutary in nature and cannot override the consideration of best interest and welfare of the child: Karnataka High Court
While deciding the instant petition seeking transference of physical custody of the minor son to the petitioner (‘father’) and the child’s repatriation to his habitual place of residence- Germany, the Division Bench of Alok Aradhe* and Vijaykumar A. Patil, JJ., pointed out that the principle of comity of courts is salutary in nature, yet it cannot override the consideration of best interest and welfare of the child. The principle has to yield to paramount consideration i.e., interest and welfare of the child, which must be examined in the facts of each case. The Court further held that the remedy of writ of habeas corpus cannot be used for enforcement of an ex-parte order passed by the German Court, which was not in existence at the time when the son left Germany.
[Sankar Viswanathan v. State of Karnataka, 2023 SCC OnLine Kar 9, decided on 09-03-2023]
Karnataka High Court finds sexual harassment in open places like malls ‘highly improbable’; quashes charges
In deliberating over the instant matter wherein the petitioner had challenged the order passed by the Additional Chief Metropolitan Magistrate rejecting to discharge him from the charges of sexual harassment and fraud levelled by the complainant, the Bench of M. Nagaprasanna*, J., expressed his disbelief at the probability of any sexual contact or offence in open places- “The places of sexual contact that is depicted in the complaint is what shocks. The places are at Mindtree office, Forum Mall-Koramangala, Barton Center, all of which are open places. The petitioner sexually abusing the complainant in such open places cannot but be an allegation that is highly improbable”. Invoking State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335, the Court decided to obliterate the charges against the petitioner as the alleged offences lacked any foundation.
[Sameer Dinkar Bhole v. State of Karnataka, Crl. Petition no. 697 of 2020, decided on 02-03-2023]
“S. 12 is heart and soul of Domestic Violence Act”; Karnataka High Court directs Magistrates to decide applications within the mandated period of 60 days
While deciding the instant petition wherein the issue was whether a direction should be issued to the Court concerned to dispose of the applications filed under the Protection of Women from Domestic Violence Act, 2005 (hereinafter DV Act) within a time frame; the Bench of M. Nagaprasanna*, J., directed that from henceforth, Magistrates must decide the applications filed by the aggrieved persons under Section 12, and Sections 18, 19 or 20 of the DV Act, within 60 days from the date of its filing. The applications could be for the benefit of Sections 19 and 20 of the DV Act which are filed along with the application under Section 12 of the DV Act. Any delay beyond 60 days to consider the application should be only for reasons to be recorded in writing. “A woman, who is a victim of domestic violence, knocking at the doors of the Magistrate, under the Act seeking maintenance or shelter such grievance, will have to be addressed with immediacy. It is for this reason that the statute mandates that such applications have to be disposed of within 60 days”.
[Kavitha M. v. Raghu, WRIT PETITION No. 12703 OF 2022, decided on 16-03-2023]
Kerala High Court
Kerala High Court upholds Commercial Court’s refusal to accept delayed written statement
In an Original Petition challenging the order passed by Commercial Court rejecting application for acceptance of a Written Statement (WS) in a suit for recovery, C.S. Dias J. relied on the Supreme Court’s interpretation regarding amended provisions of Commercial Courts Act, 2015 and held the Commercial Court justified in rejecting the application for delay in filing WS beyond the stipulated period.
[Anil M.P. v. Capital Finserv Ltd., 2023 SCC OnLine Ker 1431, judgment dated 8-3-2023]
“Daughter’s wedding is an auspicious occasion, presence of bride’s father is most appropriate”; Kerala High Court grants parole to murder convict for attending daughter’s wedding
In a Criminal Writ Petition seeking grant of parole to the petitioner’s husband to attend their daughter’s wedding, Bechu Kurian Thomas, J. conditionally allowed the petition in favour of the convict who is serving three sentences of life imprisonment in murder cases and escaped the Central Prison twice. However, instead of allowing 15 days of parole as requested by the petitioner, the Court allowed him to visit his family and attend his daughter’s wedding and return to jail on and a day before the wedding date.
[Indira v. State of Kerala, Criminal Writ Petition No. 253 of 2023, decided on 17-3-2023]
Kerala High Court declares election of A. Raja, void
In an Election Petition challenging the election of A. Raja in Kerala Legislative Assembly 2021, being in violation of Section 5 of Representation of Peoples Act, 1951, P. Somarajan, J. declared his election void since the said seat is reserved for Scheduled Caste in Kerala and the evidence reflects him professing Christianity during and long before his nomination was submitted for those elections.
[D. Kumar v. A. Raja, Election Petition No. 11 of 2021, judgment dated 20-3-2023]
Unilateral action of bank withholding security documents is illegal and arbitrary: Kerala High Court
In a Writ Petition filed before the Court seeking Mandamus commanding State Bank of India (‘the bank’) to release the security documents, including the original title deed including other related reliefs, the Single Judge bench of Shaji P. Chaly, J., held that the bank was not entitled to retain the security documents related to a mortgaged property if the entire loan amounts are paid to the satisfaction of the Bank.
[Vinu Madhavan v. State Bank of India, Civil Writ. Petition. No. 4806 of 2023, decided on 17-03-2023]
Kerala High Court quashes withdrawal of nomination of Senate Members of Kerala University by the Chancello
In a batch of Writ petitions by the ‘Other Members’ and ‘Ex-Officio Members’ nominated by the Chancellor under Section 17 of the Kerala University Act, 1974 (‘1974 Act’) challenging the withdrawal of their nominations by the Chancellor while exercising the ‘Doctrine of Pleasure’., Sathish Ninan, J. held the withdrawal under Section 18(3) proviso 4 of 1974 Act cannot be sustained and quashed the same.
[Dr. K.S. Chandrasekar v. University of Kerala, Civil Writ Petition No. 33664 of 2022, judgment dated 24-3-2023]
Madhya Pradesh High Court
Availability of Alternative Remedy is not an absolute Bar to challenge re-opening of assessment: Madhya Pradesh High Court
While deciding several writ petitions filed by the petitioners against the order passed by the Assessing officer, S.A. Dharmadhikari and Prakash Chandra Gupta, JJ., admitted the writ petitions for the final hearing and stayed the reassessment proceedings.
[Space Enclave (P) Ltd. v. Income Tax Department, 2023 SCC OnLine MP 706, decided on 01-03-2023]
“Every ‘FILE’ carries a ‘LIFE’”; Tahsildar cannot decide question of Will in mutation proceeding: Madhya Pradesh High Court
While deciding a writ petition filed under Article 226 of the Constitution of India against the mutation proceeding, Anand Pathak*, J., criticized the conduct of Tahsildar who decided the question of Will in a mutation proceeding in “undue haste” and without any authority of law. “…all authorities discharging public duties or performing judicial/quasi-judicial functions must be sensitive to the cause of Justice as Supreme Virtue and must harbour the thought that every “FILE” carries a “LIFE”, therefore they must be sensitive to Heal a Life rather than counting numbers of disposals only.”
[Geeta Paliwal v. Sitaram, W.P. No. 2578 of 2022, decided on 15-03-2023]
Madras High Court
Madras High Court sets aside 2012 sexual harassment case against Aurobindo Ashram Trust
In a writ petition filed by Sri Aurobindo Ashram Trust (‘Trust’) calling for the records of the Deputy Collector culminating in the impugned notice dated 1-10-2012, to quash the same and forbear the Respondents from conducting any enquiry of the nature indicated in the said notice, Dr. Anita Sumanth, J. sets aside the said impugned notice, stating that the trigger for issuance of impugned notice has run its course and the cause of action for such issuance does not survive today.
[Sri Aurobindo Ashram Trust v. District Collector, 2023 SCC OnLine Mad 1300, decided on 23-02-2023]
Madras HC cracks down on school for denial of admission to child diagnosed with Autism Spectrum Disorder
In a writ petition filed by a mother on behalf of her child, seeking issue of directions to the respondents to ensure the admission of the child diagnosed with Autism Spectrum Disorder (‘ACD’) in an educational institution/School, the Single Bench of C.V. Karthikeyan, J., said that it was the duty of an educational institution to extend arms to children with special needs.
[The Child v. State of Tamil Nadu, 2023 SCC OnLine Mad 1308, decided on 22-02-2023]
“Student had obtained a seat in JIPMER, Puducherry surreptitiously and based on a false declaration”; Madras HC directs authorities to take necessary action
In a petition filed under Article 226 of the Constitution of India, praying for directing the Medical Counselling Committee of Directorate General of Health Services and JIPMER to pass appropriate orders cancelling the admission of the student (respondent no. 5) to 1st year MBBS Course in JIPMER Puducherry Campus for the academic year 2022-23 and to allot admission to the petitioner to the same course for the academic year 2022-23, C.V. Karthikeyan, J. held that the student had obtained a seat in JIPMER, Puducherry surreptitiously and based on a false declaration. However, it did not cancel the seat of the said student but directed the respondents to take necessary action.
[Saminathan v Union of India, 2023 SCC OnLine Mad 1309, decided on 22-02-2023]
Madras High Court imposes cost of Rs.10,000 on RDO for arbitrary refusal of Kattunayakan Community Certificate to applicant’s son and daughter
In petitions filed under Article 226 of the Constitution of India, to call for the records relating to the rejection order passed by the Revenue Divisional Officer (‘RDO’) with respect to the petitioner’s applications and quash the same and consequently directing the respondents to issue Kattunayakan Community Certificate to the petitioner’s son and daughter namely, the division bench of T. Raja*, acting CJ. and D. Krishnakumar, J. quashed the rejection order dated 08-11-2022 passed by the RDO with respect to the petitioner’s applications and remitted back the matters to the RDO for passing fresh orders. Further, directed RDO to pay the cost of Rs. 10,000/- to the Legal Aid Service Authority attached to this Bench.
[S. Nithya v District Collector, 2023 SCC OnLine Mad 1676, decided on 02-03-2023]
“Finance Minister approved initiation of disciplinary proceedings against IRS Officer accused of supporting Sri Lankan Tamils”; Madras HC upholds CAT order
In a writ petition filed against the order of Central Administrative Tribunal, the division bench of V.M. Velumani and R. Hemalatha*, JJ. held that the petitioner has erred in making a claim that there was no approval for the issuance of charge memo. The Central Administrative Tribunal was right in holding that the petitioner’s case had no merits.
[B. Balamurugan v The Secretary, 2023 SCC OnLine Mad 1530, decided on 10-03-2023]
Mere use of a Tamil letter in a film cannot be a ground to grant exemption from payment of Entertainment Tax; Madras High Court
In a petition filed for directing the respondents to grant the exemption from payment of entertainment tax for the Tamil film “I” starring Vikram and Amy Jackson, the Single Judge bench of S.M. Subramaniam, J. held that mere using the Tamil letter in a film cannot be a ground to grant exemption from payment of entertainment tax.
[G. Sundararajan v The Secretary, Writ Petition No. 6449 of 2015, decided on 08-03-2023]
Madras High Court directs Police for conducting a public meeting to disseminate information on inter-caste marriages and honour killing
While deciding a case, wherein, a writ of Mandamus was filed to quash the order passed by respondent and consequently direct respondent to grant permission to hold public meeting to disseminate awareness regarding inter- caste marriages and honour killing, G. Chandrasekharan, J. said that it is a laudable object and we cannot prohibit or prevent public meeting to be organised by petitioner.
[Kowsalya v State, 2023 SCC OnLine Mad 1677, order dated 10-03-2023]
Power to expand scope of ‘individual borrowers’ under RBI Circular, 2014 vests with RBI and not with High Court: Madras High Court
In a writpetition filed for calling for the records relating to the communication of Branch Manager, IDBI Bank Ltd., quash the same and consequently insisting payment of foreclosure penalty, the Single Judge Bench of S.M. Subramaniam, J. held that as in the loan document, the petitioner has affixed the seal of “M/s. Murugan Idli Shop” and signed as its proprietor. The loan was sanctioned in the name of the proprietary concern, which being the legal entity, the petitioner would not fall under the category of “individual borrower” as per the Reserve Bank of India Circular of the year 2014.
[S. Manoharan v. Reserve Bank of India, Writ Petition. No. 19456 of 2017, decided on 08-03-23]
Madras High Court orders disciplinary action against Deputy Secretary, Law Department for unruly behavior in Court premise
The Single Judge Bench of M.S. Ramesh, J., took notice of the ruckus caused by Mr. C. Nagarajan, Deputy Secretary, law department (Secretary) during short recess and ordered the State’s Principal Secretary to initiate disciplinary action against him, placing him under suspension from service.
[J. Damodaran v. Kakarla Usha IAS, Cont. P. No. 2622 of 2022, decided on: 24-03-2023]
Manipur High Court
Manipur High Court directs the State Authority to pay compensation of Rs. 50,000 to a detenu who was illegally detained for a period of 13 days in a drug trafficking case
In a case wherein a person was arrested for being in possession of opium and was illegally detained for 13 days, a division Bench of M.V. Muralidaran, C.J. and A. Guneshwar Sharma, J opined that the State and Central Authority had flouted the statutory safeguards which should be given to a person taken into preventive detention and therefore, the Court directed the State Authority to pay Rs. 50,000 to the detenu as compensation for his illegal detention.
[Kaikam Kipgen v. State of Manipur, 2023 SCC OnLine Mani 86, decided on 28-2-2023]
Magisterial custody cannot be challenged by a writ of Habeas Corpus: Manipur High Court
In a case wherein a Writ of Habeas Corpus was filed challenging the the order of remand passed by the Magistrate under CrPC, a Single Judge Bench of A. Guneshwar Sharma, J.* held that where a person was taken into custody by an order of the Magistrate, then such order could not be challenged by a Writ of Habeas Corpus as the detention could not be termed as illegal.
[Abdul Zabar v. State of Manipur, 2023 SCC OnLine Mani 92, decided on 2-3-2023]
Elected Ward Members of Wangbal Gram Panchayat are “public servants” under the Prevention of Corruption Act, 1988: Manipur High Court rejects anticipatory bail of the Ward Members
In a case wherein the elected Ward Members of Panchayat were accused for fraudulently misappropriating huge Government money under MGNREGS for wrongful gain, a Single Judge Bench of A. Guneshwar Sharma noted that the linking of the job card holders was made to other persons’ accounts, therefore, the Court held that there was cheating and misappropriation on the part of the petitioners. The Court further held that the elected ward members were “public servants” under the Prevention of Corruption Act, 1988, therefore, the charge under the Prevention of Corruption Act, 1988 against the petitioners was maintainable.
[Laishram (O) Athokpam Thoinu v. The Officer-in-Charge, Vigilance & Anti-Corruption Police Station, 2023 SCC OnLine Mani 91, decided on 3-3-2023]
Manipur High Court grants around Rs. 29 lakhs as compensation to the family of the deceased
In a case wherein an appeal was filed under Section 173 of the Motor Vehicles Act, 1988 (“Act”) against the final judgment and award passed by the Presiding Officer, Motor Accident Claims Tribunal (“Tribunal”), wherein the Tribunal directed the appellant to pay Rs. 36,67,500 to the respondents for the death of Hari Prasad Khatiwada, husband of Respondent 1, who succumbed to his injuries in a road accident, a Single Judge Bench of *A. Guneshwar Sharma, J. held that appropriate multiplier for deceased, aged 35 years should be 16 in place of 17 and one-third amount had to be deducted as personal expenses from the income of the deceased instead of one-fourth. Moreover, the Court held that only Rs. 40,000 and Rs. 15,000 should be awarded for loss of consortium and funeral expenses, respectively.
[Branch Manager, New India Assurance Co. Ltd. v. Sanju Khatiwada, 2023 SCC OnLine Mani 88, decided on 24-2-2023]
Manipur High Court dismisses former MPCB Chairman’s plea challenging termination of service before completion of his tenure
In a case wherein writ petition had been filed challenging the order terminating the service of the petitioner as the Chairman of Manipur Pollution Control Board (“MPCB”), a Single Judge Bench of Ahanthem Bimol Singh, J.* dismissed the writ petition and opined that since the monthly emoluments given to the 118 employees appointed by the petitioner were above Rs. 3300, the petitioner was required to obtain prior sanction from the State Government before making such appointment in terms of the mandatory provisions under the proviso to Rule 23 of the Appointment of Chairman of Manipur Pollution Control Board, 2021.
[Laishram Radhakishore Singh v. State of Manipur, 2023 SCC OnLine Mani 94, decided on 14-3-2023]
Meghalaya High Court
Meghalaya High Court| Governor has residuary power to carve out authority already conferred under 6th Schedule and vest the same in some other Court or officer
In an appeal challenging to the authority of the District and Sessions Judge of Meghalaya, who conducted the criminal trial and convicted the appellant and sentenced him to life imprisonment, to adjudicate the matter, a division judge bench of Sanjib Banerjee*, C.J. and W. Diengdoh, J. held that once the authority in terms of paragraph 5(1) of the Sixth Schedule to the Constitution is conferred on a Court or an officer, the Governor has residuary power to carve out a part of the authority already conferred and vest the same in some other Court or officer. Thus, the office of the District and Sessions Judge, as specified in the Meghalaya Judicial Service Rules, 2006 is vested with the power to try the case involving a death sentence. Therefore, it upheld the judgment of conviction and the sentence of life imprisonment awarded by the Trial Court The appellant questioned the notification dated 29-05-2014 issued under the orders of the Governor on the ground that the Criminal Procedure Code, 1973 (‘CrPC’) has not been notified in the State, thus, there could have been no Sessions Division in terms of Section 9 of the CrPC, 1973.
[Komerchand Sing Wanrieh v State of Meghalaya, Criminal Appeal No. 1/2020, decided on 17-02-2023]
Orissa High Court
[Right to be forgotten]|Orissa High Court directs State to remove intimate video of the victim from all social media platforms
In a petition filed to direct the respondents/State to immediately issue instruction to remove/delete the intimate video of the victim from all Social Media Platforms to those who are making the said scene available on their platforms for the viewers, and to instruct the Police to expedite investigation so as to take action against the miscreants/criminals in accordance with law,the bench of Dr. S.K. Panigrahi, J. has directed the State to take steps to remove the intimate video of the victim from all social media platforms within 2 weeks.
Patna High Court
Patna High Court rejects anticipatory bail plea of an IPS Officer who hired a conman to pose as the Chief Justice of the Patna High Court to influence the corruption probe against him
In a case wherein the petitioner apprehended his arrest in Economic Offences punishable under Sections 353, 387, 419, 420, 467, 468 and 120-B of the Penal Code, 1860 and Section 66(C) and 66(D) of the Information Technology Act, 2000, a Single Judge Bench of Anjani Kumar Sharan, J.* after considering the ample evidence against the petitioner in the form of electronic evidence, which not only disclosed but also established the connivance, collusion and active participation of the petitioner as a mastermind, who got the plan of posing as Chief Justice of Patna High Court and calling other officers to take decision in petitioner’s favour in a corruption case executed through a conman, rejected the petitioner’s plea for anticipatory bail.
[Aditya Kumar v. State of Bihar, Criminal Miscellaneous No. 74217 of 2022, decided on 21-3-2023]
Punjab and Haryana High Court
Writ of Habeas Corpus filed for release of Amrit Pal Singh; Punjab and Haryana High Court issues notice to State
In a Criminal Writ Petition filed before the Court seeking issuance of habeas corpus writ against Punjab Police to produce Amritpal Singh, alleged of being illegally detained by the authorities, N.S. Shekhawat, J. issued notice to the State to revert on the instant matter.
[Imaan Singh Khara v. State of Punjab, Criminal Writ Petition No. 2757 of 2023, Interim decided on 19-3-2023]
Punjab and Haryana High Court grants anticipatory bail to Sukhbir Singh Badal in Kotkapura firing case
In a criminal petition related to 2015 Kotkapura firing case, the bench of Raj Mohan Singh, J. granted anticipatory bail to Sukhbir Singh Badal, former Home Minister of Punjab.
[Sukhbir Singh Badal v. State of Punjab, CRM-M No. 14326 of 2023, Interim order dated 21-3-2023]
Rajasthan High Court
Resignation once accepted, cannot be allowed to be withdrawn: Rajasthan High Court
Exercising the power under the writ jurisdiction, while dismissing the petition due to want of valid grounds, the single judge bench of Anoop Kumar Dhand J., held that resignation once accepted cannot be allowed to be withdrawn since the said act amounts to relinquishment of one’s own right in relation to an office.
[Narayan Shankar Upadhyaya v Rajasthan Rajya Vidhyut Prasaran Nigam Limited, 2023 SCC OnLine Raj 374, decided on 23-02-2023]
Rajasthan High Court directs to destroy record of conviction of the child in conflict with law; No ground to deny appointment as a police constable
Exercising their power under the writ jurisdiction, the division bench of Yogendra Kumar Purohit and Sandeep Mehta*, J.J., held that the record of conviction of the child in conflict, cannot be preserved and has to be destroyed and as a direct consequence, any disqualification entailing from the conviction would have to be ignored and cannot act to the detriment of the child in conflict with law in any manner, which would include a selection process for public employment.
[State of Rajasthan v Bhawani Shankar Moorh, Division bench Special Appeal Writ 816 of 2022, decided on 13-02-2023]
Rajasthan High Court seeks suggestions from the Government and BCI to protect advocates from violence and harassment meted out while discharging their duty
Exercising its civil writ jurisdiction, the division bench of Manindra Mohan Shrivastava, Acting C.J., and Anil Kumar Upman J., sought reply and suggestions from the Union Government, the State Government and Bar Council of India (‘BCI’) in relation to the protection of advocates from violence, harassment, and threats.
[Prahlad Sharma v Union of India, 2023 SCC OnLine Raj 400, decided on 02-03-2023]
Rajasthan High Court | Lok Adalat have no adjudicatory power and can only pass award based on compromise between parties
While exercising its writ jurisdiction, the single judge bench of Birendra Kumar, J., held that the Lok Adalat have no adjudicatory power and can only make awards on the basis of a compromise between the parties and accordingly, set aside the Lok Adalat’s decision to permit the Public Prosecutor (‘PP’) to withdraw the prosecution.
[Shyam Bacchani v State of Rajasthan, Special Bench Criminal Writ Petition 365 of 2023, decided on 01-03-2023]
