high court weekly round up may



Death of victim cannot be termed as “not under normal circumstances”; Allahabad High Court grants anticipatory bail in dowry death case

In an anticipatory bail application filed for offences under Sections 498-A, 304-B of the Penal Code, 1860 (‘IPC’) and Section 3 read with Section 4 of the Dowry Prohibition Act, Single Judge Bench of Krishan Pahal, J. allowed the anticipatory bail application subject to certain conditions and said that the deceased died of “septicemia due to chronic illness of multiple organs involvement”. Thus, the death cannot be termed as “not under normal circumstances” as envisaged under Section 304-B IPC. As the ingredients of Section 304-B IPC, do not stand fulfilled, this case seems to be a misuse of the dowry laws. Read more

[Udit Arya v. State of UP, 2023 SCC OnLine All 158]

Allahabad High Court cancels entire selection process for the post of Principal of State Homeopathy Medical College

In a writ petition filed challenging the administrative experience certificate issued by State Government and communication issued by Secretary, U.P. Public Service Commission recommending name of respondent 5 to the State Government for the post of Principal, State Homeopathy Medical College, Single Judge Bench of Vivek Chaudhary, J., cancelled the entire selection process initiated by Advertisement issued for two posts of principal of State Homeopathy Medical College. Read more

[Ram Chandra Singh Yadav v. State of U.P., 2023 SCC OnLine All 161]


Bombay High Court temporarily restrains Meta Platforms from circulating video infringing Patanjali product ‘Mahakosh Future Fit’ edible oil

In a suit filed by Patanjali Foods Limited (plaintiff), seeking interim relief and restraining Meta platforms circulating a video on Facebook pages containing disparaging remarks against the product of the Plaintiff i.e., edible oil bearing the registered trademark “MAHAKOSH”, Manish Pitale, J., passes John Doe order restraining the defendants by themselves, their servants, employees, agents, dealers, distributors and all persons claiming under them from infringing the applicant’s registered trademarks, including “MAHAKOSH FUTURE FIT”. Read more

[Patanjali Foods Limited v Meta Platforms Inc.]

[POCSO] Absence of wisdom tooth does not conclusively prove age below 18 years; Bombay High Court acquits accused

In an appeal filed against the judgment dated 18-12-2019 in a special atrocity case passed by the Special Court wherein it was held the appellant was guilty of offenses punishable under Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and Sections 376(2)(i) and 376(2)(j) of Penal Code, 1860 (IPC), Anuja Prabhudessai, J., acquitted the accused of offences punishable under Sections 4 and 6 of POCSO Act and Sections 376(2)(i) and 376(2)(j) of IPC as the prosecution failed to prove the guilt of the appellant beyond a reasonable doubt. Read more

[Maherban Hasan Babu Khan v. State of Maharashtra, 2023 SCC OnLine Bom 1027]

Bombay High Court grants temporary injunction to makers of ‘Scam 1992: The Harshad Mehta Story’

In an application seeking injunction against copyright infringement of web series “Scam 1992: The Harshad Mehta Story” alleged to be a cinematic adaptation and dramatization of book ‘The Scam’, Manish Pitale, J. granted temporary injunction/ ex-parte ad-interim reliefs against defendants sharing clips, abridged versions, short versions, short snippets of audio-visual recordings, forming part of the said web series. Read more

[Applause Entertainment (P) Ltd. v. Meta Platforms Inc., 2023 SCC OnLine Bom 1034]


Death due to mosquito bite not ‘accident’; Calcutta High Court upholds Insurance Company’s decision

While dismissing a writ petition filled to challenge the refusal to admit insurance claim, Moushumi Bhattacharya*, J., held that death due to mosquito bite cannot be termed as an ‘accident’ and therefore the same will not be covered as an insurable claim under ‘accident insurance’. The Court observed that accident does not include disease and implies the intervention of an external cause which is fortuitous and happens by chance. The Court stated that “the definition of accidental death includes accidental injuries, but excludes illness. The consensus also tilts towards the exclusion of death by disease alone, not accompanied by an accident.” Read more

[Chitra Mukherjee v. Union of India]


Sensitive heart & alert mind necessary in sexual abuse cases; Delhi High Court deprecates Trial Court’s public disclosure of child rape victim’s sensitive counselling session details

In an appeal filed challenging the impugned judgment and order on sentence dated 25-09-2010 passed by Additional Sessions Judge whereby the Judge convicted both the accused persons for committing offences punishable under Section 363, 365, 34 and 376 of Penal Code, 1860 (‘IPC’). Swarana Kanta Sharma, J., sets aside the conviction of the accused for lack of sufficient material to establish guilt of the accused. The Court further condemns the way cross-examination was conducted by asking questions regarding the sexual relations with her own father which does not form part of the subject matter under consideration and discussing them in Trial Court based on a confidential report prepared after a counseling session mostly done in cases related to child sexual abuse. Read more

[Sanjeev Kumar v State of NCT of Delhi]

Delhi High Court restrains Jindal Sanitaryware (P) Ltd. from using the mark ‘JINDAL’ on its PVC pipes

A Single Judge Bench of C. Hari Shankar, J.* held that prima facie, a case of infringement was made out against the defendants, by use of the mark ‘JINDAL’ in respect of PVC pipes, for which the plaintiff had registration since 2006, whereas the Defendant 1 had no registration in its favour of the mark ‘JINDAL’ for PVC pipes. Read more

[Jindal Industries (P) Ltd. v. Jindal Sanitaryware (P) Ltd.]

Mirinda v मिरिंडा: Delhi High Court grants injunction in favour of PepsiCo Mirinda for transliteration of its mark in Hindi

In a suit filed by PepsiCo Inc. (plaintiff) seeking permanent injunction restraining the defendants from using the trademark ‘MIRINDA’, transliteration thereof in Hindi and/or any other language and/or any deceptive variation thereof in relation to their product i.e. country-made liquor and/or in relation to any other business activity in a manner that it infringes plaintiff 1’s statutory and common law rights in its registered and well- known mark and/or variants thereof including MIRINDA Marks, as well as passing off their goods as that of the plaintiffs. Jyoti Singh, J., granted ex parte ad interim injunction against the defendants restraining them from using the mark ‘Mirinda’ and its transliteration in Hindi, I.e., मिरिंडा in relation to a country-made liquor. Read more

[Pepsico v. Jagpin Breweries Ltd., 2023 SCC OnLine Del 2542]

‘Adolescent love must be scrutinized in the backdrop of real-life situations’; Delhi High Court grants bail to a man charged under POCSO Act

A Single Judge Bench of Swarana Kanta Sharma, J.* opined that the teenage psychology and adolescent love could not be controlled by the Courts and therefore, the judges had to be careful while rejecting or granting bail in such cases depending on the facts and circumstances of each case. The Court further opined that confinement in jail would cause distress and impact the psychological health of the accused, therefore, the Court granted two months bail to the accused. Read more

[Mahesh Kumar v. State (NCT of Delhi)]

Delhi High Court grants ad interim injunction to ‘Royal Green’ whisky against ‘Royal Queen’, having similar trade dress

In a case wherein it was alleged that, by using the mark ‘Royal Queen’ for whisky and adopting a trade dress which was nearly identical to the trade dress of the plaintiff, the defendant had committed the torts of infringement and passing off, a Single Judge Bench of C. Hari Shankar*, J., granted an interlocutory ad interim injunction to the plaintiff and further restrained the defendants from advertising, manufacturing, offering for sale, selling, or dealing in any manner with alcoholic beverages using the mark ‘Royal Queen’ and/or the packaging/trade dress, or any other mark or trade dress which was deceptively similar to the registered trade mark ‘Royal Green’ and trade dress of the plaintiff. Read more

[ADS Spirits (P) Ltd. v. Shubhom Juneja]

Delhi High Court| Mandatory Reporting under POCSO Act shall override the restrictions imposed under S. 198(1) & (3) CrPC

In a petition filed seeking a declaration to the effect that Section 198(6) Criminal Procedure Code (CrPC) to the extent inconsistent with the provisions of Protection of Children from Sexual Offences Act, 2012 (POCSO) as unconstitutional & ultra-vires and liable to be struck down, the provisions of Section 19 read with Section 21 of the Protection of Children from Sexual Offences Act, 2012 requiring mandatory reporting of offence being committed under the Act overrides the restrictions being imposed under Section 198(1) read with 198(3). A division bench of Manmohan and Saurabh Banerjee, JJ., held that mandatory reporting provisions of POCSO Act shall override the restrictions imposed under Section 198 (1) read with 198 (3) Criminal Procedure Code. Read more

[Independent Thought v. Union of India]

‘Eateries and shops not to encroach upon the public space or place their counters on the road’; Delhi High Court directs Municipal Corporation of Delhi to conduct monthly inspections

In a case wherein a petition was filed against the eateries which were running in the residential area and were causing public nuisance, a Single Judge Bench of Prathiba M. Singh*, J. directed that the Municipal Corporation of Delhi, with the help of the local police should conduct monthly inspections and if any party was found to be encroaching on any public road, such trader or shopkeeper should be liable to pay an on-spot fine of Rs. 10,000 and the same should be contributed to the welfare of the residents. Read more

[Puran Chand v. Delhi Fire Service, 2023 SCC OnLine Del 2586]

Delhi High Court grants permanent injunction to a well-known mark ‘VIVANTA’ against the mark ‘VIVANTA VACATION CLUB’; awards Rs. 6 lakhs costs

A Single Judge Bench of Amit Bansal*, J. held that the various registrations and the long usage of trade mark ‘VIVANTA’ by the plaintiff, and the goodwill vested in the ‘VIVANTA’ trade mark, entitled the plaintiff for grant of permanent injunction. The Court further directed that all the seized goods bearing the mark ‘VIVANTA’ on the premises of the defendant should be destroyed by the defendant in the presence of the plaintiff’s representative. Read more

[Indian Hotels Co. Ltd. v. Vivanta Hospitality (P) Ltd., 2023 SCC OnLine Del 2544]

Delhi High Court sets aside the cost imposed on CBI and expunges remarks made against the authority in a judicial order

In a revision petition filed by the Central Bureau of Investigation (CBI) (petitioner), assailing the orders dated 05-03-2018 and 31-03-2018 passed by Special Judge (Prevention of Corruption Act), CBI whereby the Trial Court had directed CBI to prepare a draft of incriminating evidence for putting questions to the accused persons for examination under Section 313 of CrPC and had consequently imposed cost upon CBI for not filing the incriminating evidence. Swarana Kanta Sharma, J., set aside the cost imposed but did not expunge the remarks displaying displeasure expressed by the learned Trial Court regarding the delay in preparation of the questions as the Court could have done so in its judicial domain, however, the irregularity and illegality regarding putting the entire burden of the same on the prosecution which is not permissible under the law have been discussed in the judgment separately and adjudicated upon. Read more

[CBI v. S.K. Ghosh, 2023 SCC OnLine Del 2383]


Gujarat HC suspends life sentence of 3 IAF Officers in 28 years old murder case; sets aside CBI Court order

In a criminal application under section 389 of the Criminal Procedure Code, 1973, (‘CrPC’), the convicts sought suspension of conviction and life sentence order by the Central Bureau of Investigation (‘CBI’) Court under Sections 302, 331, 348 and 177 read with Section 120 B of the Penal Code, 1860 (‘IPC’). The Division Bench of S.H. Vora and S.V. Pinto*, JJ., suspended the life sentence order of the CBI Court and ordered the release of applicants. Read more

[Mahendra Singh Sheravat v. State of Gujarat]

CAT, Ahmedabad has no jurisdiction to dismiss show cause notice in fake encounter case; Gujarat HC rejects former IPS officer Rajnish Rai’s plea

In a civil petition challenging the order of Central Administrative Tribunal, Ahmedabad Bench (‘CAT’), wherein former IPS officer Rajnish Rai’s (‘petitioner’) application challenging the show cause notice was dismissed. The Division Bench of Vipul M. Pancholi* and Hasmukh D. Suthar, JJ., dismissed the petition and said that CAT, Ahmedabad did not commit any error while dismissing the original application and review application filed by the petitioner. Read more

[Rajnish Kumar Rai v. Union of India, 2023 SCC OnLine Guj 1129]


Doctor killed by accused in Police custody; Kerala High Court slams State for failure in protecting medical staff

While dealing with a Review Petition after Dr. Vandana Das, a young House Surgeon on duty, was killed by an accused in police custody presented in the hospital for treatment while being accompanied by police and others, the Division Bench of Devan Ramachandran* and Dr. Kauser Edappagath, JJ. pulled State authorities while passing orders to ensure protection of medical staff on duty. Read more

[Kerala Private Hospitals Association v. Advocate Sabu P. Joseph]

Explained | Why Kerala High Court didn’t stay the release of ‘The Kerala Story’?

In a batch of Writ Petitions seeking interim order to direct Government authorities and other respondents to suspend the circulation of teaser and trailer of the movie ‘The Kerala Story’ and to prohibit its’ exhibition, the Division Bench of N. Nagaresh* and Sophy Thomas, JJ., did not find anything offensive to a particular community as a whole and disposed of the matter without passing any interim orders. Read more

[Advocate Anoop V.R. v. Union of India]


[Harmonious Construction] Section 529A of Companies Act, 1956 would prevail over Income Tax Act, 1961: Madhya Pradesh High Court

In an application filed by the Official Liquidator seeking to remit a sum of Rs. 2,26,940/- to Income Tax Department towards Income Tax payable for the Assessment Year 2010-2011, out of funds available in the accounts of the Company in liquidation and to waive of the Income Tax liability of Rs. 16,81,220/-, Rs. 21,58,480/- & Rs. 15,63,570/- in respect of Assessment Year 2012-2013, 2013-2014 & 2014-2015 respectively. The Single Judge Bench of Subodh Abhyankar*, J., held that Section 529A of Companies Act, 1956 will prevail over Income Tax Act, 1961, therefore for the purpose of payment of Income Tax liabilities, the secured creditors cannot be directed to part with the amount which has been given to them out of the proceeds of the properties of the company in liquidation. Read more

[In Ref: Beta Nephthol Ltd. v. Ref. has been recd. from BIFR New Delhi]


Madras High Court directs Tamil Nadu Bar Council to initiate disciplinary action against Advocates issuing fake marriage certificates

In a Habeas Corpus petition filed to direct the respondents to produce the body or person of detenu (‘wife of petitioner’) before this Court and set her at liberty, the division bench of M. Dhandapani* and R. Vijayakumar, JJ. held that there is no illegal custody of the detenu as alleged by the petitioner and directed the Bar Council of Tamil Nadu to initiate disciplinary action against the Advocates who conducted invalid marriage of the petitioner and detenu. Read more

[Ilavarasan v. Superintendent of Police]


Meghalaya HC reprimands State for ‘nurturing’ illegal coal mining; directs State to expose the kingpin behind illegal coke plants

In suo motu proceedings initiated by the Court against the illegal mining and transportation of coal in the State, the three Judge Bench of Sanjib Banerjee (CJ), H.S. Thangkhiew and W. Diengdoh, JJ., reprimanded the respondent State for its lacking in controlling the illegal mining operations in the State and directed the respondent State to indicate the person behind the illegal coke plants within the period of four weeks. Read more

[Shailendra Kumar Sharma v. State of Meghalaya]


Orissa HC upholds Odisha Administrative Tribunal’s order to regularise services of Junior clerks; directs State to implement order within 6 weeks

In a writ petition filed under Article 226 and 227 of the Constitution of India, by the State of Odisha (‘petitioner’) against the order of Odisha Administrative Tribunal, Bhubaneswar, (‘OAT, Bhubaneswar’), wherein the petitioner was directed to consider the case of the respondents for regularisation of their services, as they had completed 20 years of service. The division Bench of Dr. B.R Sarangi and Murahari Sri Raman*, JJ., upheld the order of the OAT, Bhubaneswar and directed the petitioner to implement the order of regularisation of services of respondents within the period of six weeks. Read more

[State of Odisha v. Sri Rushava Rana]


Patna High Court stays Bihar Government’s caste-based survey; directs data collected not to be disclosed to anyone

The Division Bench of K. Vinod Chandran* (C.J) and Madhuresh Prasad, J., opined that the State had no power to carry out a caste-based survey, in the way it was fashioned now, which would amount to a census, thus impinging upon the legislative power of the Union Parliament. Therefore, the Court directed the State Government to immediately stop the caste-based survey and ensure that the data already collected was secured and not shared with anybody till final orders were passed. Read more

[Youth For Equality v. State of Bihar, 2023 SCC OnLine Pat 1273]


Punjab and Haryana High Court grants interim bail to Times Now Reporter Bhawana Kishore

In a matter seeking quashing of First Information Report (‘FIR’) under Section 482 of Criminal Procedure Code, 1973 (‘CrPC’) against Times Now’s Bhawana Kishore and others, and grant of bail under Section 439 CrPC, Augustine George Masih, J., granted interim bail to Bhawana Kishore and directed authorities to ensure information to the complainant regarding pendency of the instant case. Read more

[Bhawana Gupta v. State of Punjab]

Stay on Diljit Dosanjh’s ‘Jodi Teri Meri’ continues as Punjab and Haryana High Court refrains from passing any order

In a Petition under Article 227 of the Constitution of India challenging order dated 1-5-2023 passing ex-parte ad-interim injunction against the release of film ‘Jodi Teri Meri’ on 5-5-2023, Vikas Puri, J., relied on a catena of cases dealing with High Court’s jurisdiction under Article 227 of Constitution of India and refrained from observing anything touching on merits of the case since the matter was appealable. Read more

[Thind Motion Films Pvt Ltd v. Ishdeep Randhawa]

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