high courts weekly roundup may


Allahabad High Court grants bail to 16-year-old boy accused of killing mother for restraining him from playing PUBG

In a criminal revision petition filed to set aside the impugned judgment and order passed by Additional District and Sessions Judge, POCSO Court, Lucknow in offences under Section 302 of the Penal Code, 1860, Shree Prakash Singh, J. by considering that the revisionist is in child protection home since 08-06-2022 and that an undertaking has been given by his father that he will keep an eye on him and the accused will observe good conduct and behaviour, released him on bail, subject to the following conditions: Read more

[Juvenile X (Minor) Thru. His Father v State of UP]

In case of prima facie involvement, summon can be issued even in absence of name in police report or FIR: Allahabad HC reiterates

In an application filed under Section 482 of the Code of Criminal Procedure, 1973 (‘CrPC’), to quash the order passed by Additional District and Sessions Judge in Special Sessions Trial as it was alleged that the summons were issued without application of judicial mind, solely relying upon the statement of the victim under Section 164 CrPC even though from the material collected by the Investigating Officer, no prima facie case was made out against the accused and even his name did not appear in the FIR, or in victim’s statement under Section 161 CrPC, Manju Rani Chauhan, J said that to summon persons upon taking cognizance of an offence, the Magistrate has to examine the materials available before him, to come to the conclusion that apart from those sent by the police, some other persons are involved in the offence. These materials need not remain confined to the police report, charge sheet or the FIR. Thus, the Court dismissed the application. Read more

[Asif Ahmad Siddiqui v State of UP]

[2008 Riots Case] Why did Allahabad High Court stay sentence awarded to BJP MP Kamlesh Paswan during the pendency of revision?

In a criminal revision petition filed by sitting BJP Member of Parliament (from Bansgaon) Kamlesh Paswan and other accused persons against the judgment and order passed by the Additional Civil Judge, wherein the Court convicted him under Sections 147, 341, 435, 511 of the Penal Code, 1860 (‘IPC’) and Section 7 of Criminal Law Amendment Act, Rajeev Misra, J released all the convict persons on bail and stayed the sentence awarded to Kamlesh Paswan during the pendency of the revision. Read more

[Kamlesh Paswan v State of UP]

[POCSO] Allahabad High Court acquits accused due to want of bone ossification test accuracy in age determination of victim

In an appeal filed against the judgment and order passed by Additional Sessions Judge, wherein, the Court has acquitted the appellant under Section 363, 366 IPC but convicted the appellant (convict) for offence punishable under Section 6 of Protection of Children from Sexual Offences Act, 2012 (POCSO) and sentenced him to ten years of rigorous imprisonment, Ram Manohar Narayan Mishra, J. has held that the Trial Court has not properly appreciated the evidence appearing on point of age determination of the victim and there are factual and legal errors in the impugned judgment, thus it is not sustainable under law. Therefore, the Court set aside the judgment and order of conviction and sentence passed by Trial Court and acquitted the accused under Section 6 of POCSO Act. Read more

[Vishwanath Ahirwar v. State of U.P]


Litigation should not be terminated by default of either of the parties; Andhra Pradesh High Court condones a delay of 339 days

The petitioner challenged the order passed by the Principal Junior Civil Judge, Adoni wherein an application for condonation of delay was not allowed in the year 2022, in the suit that was dismissed for non-prosecution in 2017. While exercising its civil revision jurisdiction, the single Judge Bench of Ravi Cheemalapati J. condoned a delay of 339 days for the suit filed in 2012 for a permanent injunction to restrain the defendant from obstructing the use of passage in any manner by taking the bullock cart. Read more

[Pinjari Khasim v Chanda Saheb]


[IPRS v. Pvt. FM Radio Broadcasters] Bombay High Court upheld royalty rights to authors of original works in cinematograph films

In an interim application filed by Indian Performing Right Society Limited (IPRS) seeking relief of right to royalties against defendants with the claim that amendments to Copyright Act which came into effect from 21-6-2012 have the effect of calling upon the Court to consider granting interim reliefs, Manish Pitale, J. opined that IPRS succeeded in establishing a strong prima facie case and ordered accordingly. Read more

[Indian Performing Right Society Limited v. Rajasthan Patrika Pvt. Ltd]

“Students neither have vested right nor legitimate expectation to claim relaxation in JEE Main 2023 eligibility”: Bombay High Court

In a Public Interest Litigation (‘PIL’) seeking relaxation in Joint Entrance Examination (‘JEE Main’) 2023 eligibility criteria of class 12 qualifying marks being 65% for SC/ST and 75% for others, the Division Bench of S.V. Gangapurwala, ACJ and Sandeep V. Marne, J. refused to interfere with the policy decision of the government regarding methodology of conduct of JEE Main 2023 and the admission process. Read more

[Anubha Srivastava Sahai v. National Testing Agency]

POCSO Act not enacted to punish minors in romantic, consensual relationships: Bombay High Court

In a bail application under Section 439 of Criminal Procedure Code, 1973 (‘CrPC’) for offences punishable under Sections 363 and 376 of Penal Code, 1860 (‘IPC’) and Section 4 of Protection of Children from Sexual Offences Act, 2012 (‘POCSO Act’), Anuja Prabhudessai, J. allowed the bail while commenting on the object of stringent penal provisions under the POCSO Act for protection of children from offences of sexual assault, sexual harassment etc. Read more

[Imran Iqbal Shaikh v. State of Maharashtra]

Bombay High Court upholds Municipal Commissioner’s rejection of serving Hookah/Herbal Hookah at a restaurant with an eating house license

In a petition filed by the petitioner, an entrepreneur carrying on business under the name and style of Parkhi Hospitalities and is running a Restaurant/Lounge named “The Orange Mint” at Mumbai, challenging the impugned order dated 18-04-2023 passed by the Medical Health Officer directing the petitioner to restrict the activity of serving Hookah/Herbal Hookah, in the service area, by using burnt charcoal, failing which, the eating house license granted to the petitioner shall be cancelled/revoked, without any further notice. A division bench of G S Kulkarni and R S Laddha JJ., held that taking into consideration the facts and circumstances of the case and the overall situation has appropriately used his discretion in taking the impugned decision, also bearing in mind the requirements of the license conditions. Read more

[Sayli B Parkhi v State of Maharashtra]

Interim relief would cause ‘irreparable harm and prejudice’; Bombay High Court refuses interim relief to Chanda Kochhar, former MD & CEO of ICICI Bank seeking retirement benefits

In an appeal filed by Chanda Kochchar (appellant) challenging the impugned order and seeking reinstatement of her Employee Stock Options (“ESOPs”) under the Employee Stock Option Scheme (“ESOS”) and clawback of bonuses and revocation of retirement benefits, including vested and unvested ESOPs, a division bench of K R Shriram and Rajesh S Patil, JJ., refuses to interfere with the impugned order as the prayers sought in the appeals are a matter of trial Read more

[Chanda Kochchar v ICICI Bank Limited]


Section 15 of HMA does not make any distinction between a contested decree and an ex parte decree; Delhi High Court upholds second marriage of husband

In an appeal filed by Seema Devi (appellant-wife) assailing the order dated 03-02-2006 wherein the Additional District Judge, Delhi has dismissed the application filed by the appellant under Order IX Rule 13 of the Code of Civil Procedure, 1908 (CPC), seeking setting aside of the ex-parte judgment and decree of divorce passed between the parties on 14-05-2003. A Division Bench of Sanjeev Sachdeva and Vikas Mahajan, JJ. upholds the divorce decree as the second marriage of the husband (respondent) is legal due to the appeal being filed after the limitation period, thus making the impugned decree final in view of Section 15 of the Hindu Marriage Act (HMA). Read more

[Seema Devi v Ranjeet Kumar Bhagat, 2023 SCC OnLine Del 2257]

Delhi High Court grants permanent injunction to the mark ‘VOLVO’ and awards Rs. 10 lakhs damages and costs

In a case wherein a suit had been filed seeking relief of permanent injunction restraining the defendants from infringing the marks of the plaintiffs and passing off their goods as that of the plaintiffs, Single Judge Bench of Amit Bansal, J.* granted permanent injunction to the mark ‘VOLVO’ and opined that the defendants had been making unlawful gains at the expense of the plaintiffs and so it was not a case of innocent adoption. Thus, the Court awarded Rs. 10 lakhs towards damages and costs to the plaintiffs. Read more

[Aktiebolaget Volvo v. Gyan Singh, 2023 SCC OnLine Del 2432]

Delhi High Court warns PMLA Adjudicating Authority to avoid using template paragraphs and disconcerted language in the impugned order

In a petition filed by the petitioner challenging the impugned order dated 6-03-2023 passed by the Adjudicating Authority (respondent 1), under the Prevention of Money Laundering Act, 2002 (PMLA) by which the petitioner’s application for the right to cross-examine witnesses was rejected, Prathiba M Singh, J., permitted the petitioner to approach the Appellate Tribunal, PMLA within a period of one month. Read more

[Kankipati Rajesh v. Adjudicating Authority]

Delhi High Court refuses to grant relief in a contract being determinable in nature and hence, not enforceable

In a petition filed by Hughes Communications India Private Limited (petitioner) under Section 34 of the Arbitration and Conciliation Act, 1996, seeking to challenge the impugned Award dated 04-10-2018 to the extent that the registered Agreement dated 23-03-2001 for sale of immovable property has been held to be determinable in nature and therefore not enforceable. Chandra Dhari Singh, J., held that after consideration of the material on record, including the impugned Arbitral Award, and submissions on behalf of the parties, there is no finding or conclusion reached by the learned Arbitrator which warrants interference of this Court. Read more

[Hughes Communications India Private Limited v Imaging Solutions Pvt Ltd., 2023 SCC OnLine Del 2351]

[Section 34 of Arbitration Act] A well-reasoned arbitral award cannot be interfered with: Delhi High Court

The petitioner challenged the impugned award passed by the Arbitral Tribunal as well as prayed for the stay of the execution, operation and implementation of the said award. While exercising its commercial jurisdiction, the single judge bench of Chandra Dhari Singh, J., held that there was no patent illegality or error apparent on the face of the record and the arbitrator had passed the impugned award after considering all the relevant material placed before it during the arbitral proceedings. The award was well-reasoned and was not in contravention of the fundamental policy of Indian law, and thus, there was no reason for interfering with the impugned Award. Read more

[Ircon International Limited v Afcons Infrastructure Limited, 2023 SCC OnLine Del 2350]

[Tenure Employment] Actions of the Union speak volumes about illegality of the NFDC Chief termination order; Delhi High Court quashes the order

In a petition filed by the petitioner seeking to quash the impugned order dated 24-04-2018 vide which services of the petitioner have been illegally terminated based upon allegations of misconduct which is ex facie punitive and stigmatic, that too without affording her an opportunity of hearing or conducting an inquiry into the alleged misconduct which is in total contravention of the Service Rules of National Film Development Corporation which are duly applicable to the Petitioner as per clause 1.15 of her appointment letter 06-07-2007 as also the cardinal principals of natural justice. Read More

[Nina Lath Gupta v Union of India, W.P.(C) 10385/2021]


Gujarat HC directs Surat Municipal Corporation to rehabilitate slum dwellers under Rehabilitation and Redevelopment of Slums, 2010

In a Public Interest Litigation (‘PIL’) petition filed under Article 226 of the Constitution of India, seeking a writ of mandamus to direct the State of Gujarat and Surat Municipal Corporation(‘respondents’) to rehabilitate and provide alternative accommodation to the slum dwellers, the Division Bench of A.J. Desai and Biren Vaishnav, J., directed the respondents to rehabilitate the petitioners under the Regulations for Rehabilitation and Redevelopment of the Slums, 2010 (‘the Scheme of 2010’). Read more

[Vijay Suklal More v. State of Gujarat]


Approaching police without resorting to special procedure under IB Code to arm twist the Resolution Professional is inappropriate: Madras High Court

In a petition filed under Section 482 of the Criminal Procedure Code, 1973 seeking to call for the records of First Information Report (‘FIR’) and to quash the same, Sunder Mohan, J. held that approaching the police without resorting to the special procedure under the Insolvency and Bankruptcy Code to arm twist the Resolution Professional (petitioner 1), is inappropriate. Read more

[Deepak Upadhyaya v State, 2023 SCC OnLine Mad 2567]

Foreign company, even though fully owned by Indian Company is not amenable to jurisdiction of Indian Court: Madras High Court

In two appeals filed against the common order of the Single Judge, confirming the order of injunction and dismissing the application to vacate the interim order, the division bench of S.S. Sundar and P.B. Balaji, JJ. has held that there is no prima facie case in favour of the Dr. Subramanian Swamy (respondent) to grant any interim order, as this Court has no jurisdiction to grant anti suit injunction restraining a foreign company from prosecuting the defamation suit in a foreign country. Read more

[Advantage Strategic Consulting Singapore Private Limited v.Dr. Subramanian Swamy]

Madras High Court grants Rs. 3 lakhs compensation to a woman for failed Puerperal Sterilization operation

In a writ petition filed directing the respondents pay Rs. 25,00,000/- towards compensation to the petitioner for the medical negligence caused to the petitioner resulting in lifetime financial constrains caused to her to bring up her third child, B. Pugalendhi, has passed the following order:

Petitioner is entitled to compensation of Rs. 3,00,000/-.

Respondents must provide free education to the third child of the petitioner, either in a Government School or in a Private School. The fees already paid, if any, shall be refunded and all the expenses on books, stationery, uniforms and other miscellaneous educational expenses shall also be met by the respondents.

Respondents must pay a sum of Rs. 1,20,000/- per year to meet the child’s need for food and proper up-bringing till he completes his graduation or attains 21 years, whichever is earlier. Read more

[Vasuki v Secretary to Government]

Can arrears of maintenance, being property of the wife, devolve on the husband after wife’s death? Madras High Court answers

In a criminal revision filed by a husband under Sections 397 read with 401 of Code of Criminal Procedure, 1973 against the order passed by the Judicial Magistrate Court, impleading the respondent (mother —in-law ) as petitioner for collecting the arrears of maintenance amount for her deceased daughter (wife), V. Sivagnanam, J. said that as the arrears of maintenance accrued till the death of the respondent’s daughter, therefore, the Judge rightly impleaded the mother of the deceased daughter in the petition for arrears of maintenance. There is no infirmity in the order passed by the Judge and no reason to interfere with the impugned order and no merit in the criminal revision case. Accordingly, the Court dismissed the criminal revision. Read more

[Annadurai v Jaya, 2023 SCC OnLine Mad 2604]


Explained: Manipur High Court’s Judgment that triggered violence in Manipur over inclusion of Meitei Community in Scheduled Tribe list

Manipur High Court: In a civil writ petition, filed by several members of Meitei Tribe Union (‘petitioners’), seeking writ of mandamus, to direct the Government of Manipur (respondent) to submit recommendations to the Government of India to include Meitei community in the Schedule Tribe list. The bench comprising of M.V Muralidaran, Acting CJ, allowed the petition and directed the State to consider including the Meitei Community in the Scheduled Tribe list, within the period of four weeks. Read more

[Mutum Churamani Meetei v. The State of Manipur]


Orissa HC holds State Government liable for Contempt for non-implementation of Shetty Commission’s recommendations

In a writ petition filed under Article 226 and 227 of the Constitution of India, 1950, by the All Orissa Judicial Employees Association (‘association’), seeking implementation of the recommendations made by Shetty Commission in the State of Odisha (‘respondents’). The Division-Bench of B.R. Sarangi* and M.S. Raman, J.J., allowed the petition and held that the State authorities were acting arbitrarily, unreasonably, and were liable for proceeding under the Contempt of Courts Act, 1971 (‘the Act’). Read more

[All Orissa Judicial Employees Association v. State of Odisha, 2023 SCC OnLine Ori 2030]


Entitlement of ITC after cancellation of GST registration can be considered during revocation: Rajasthan High Court

The petitioner challenged the order passed by the Appellate Authority, Commercial Tax, Jodhpur wherein the GST registration of the firm (Petitioner) was cancelled on the ground of non-filing of GST return. While exercising its civil writ jurisdiction, the division bench of Vijay Bishnoi and Praveer Bhatnagar J.J. held that the assessee was entitled to lodge an Income Tax Claim when the department considered the issue of revocation of GST registration cancellation. Read more

[R.K. Jewelers v Union of India]

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