Allahabad High Court
Allahabad High Court acquits four accused including MoS Ajay Mishra in Student leader Prabhat Gupta’s murder case
In a government appeal filed by the State and criminal revision filed by the complainant against the order of acquittal of all the four accused including Union Minister of State for Home, Ajay Mishra ‘Teni’ by the Trial Court for offences under Section 302 read with Section 34 of the Penal code, 1860 (‘IPC’), the division bench of Attau Rahman Masoodi* and Om Prakash Shukla, JJ. has said that evidence recorded in the present case has been appreciated in its correct perspective and the Trial Court has at no point of time missed the woods of the tree. Thus, the Court found no perversity in the order of acquittal passed by the Trial Court. Read more
[State of UP v Ajai Mishra]
Can Judicial officers take recourse to judicial proceedings for arrears of rent? Allahabad High Court answers
In a writ petition filed by a Judicial officer for directing the State to consider the payment of Rs.2,88,680/- i.e., the difference of the actual rent paid by him against the House Rent Allowance received by him during his stay at rented accommodation along-with penal interest, as may be fixed by the Court, the Division Bench of Suneet Kumar and Rajendra Kumar-IV, JJ. directed that all such Judicial Officers who had rented private accommodation, on non-availability of Government accommodation, and are covered by the decision rendered in Divakar Dwivedi versus State of U.P., Writ-A No.6585 of 2021 must raise their claim / arrears of rent and interest thereon through their respective District Judges. Read more
[Manas Vatsa v. State of UP]
[Gyanvapi Mosque case] Allahabad High Court directs ASI to conduct scientific investigation of Shivlingam without causing damage to it
In a civil revision against the order of District Judge, Varanasi, wherein the Trial Court dismissed the application and observed that the prayer made for scientific investigation of the Shivlingam cannot be ordered as that would be in violation of the order dated 17-05-2022 passed by the Supreme Court directing the site / Shivlingam to be preserved and protected, Arvind Kumar Mishra-I, J. viewed that scientific investigation of the Shivlingam / site, under able guidance of the Archaeological Survey of India (‘ASI’) assisted by the experts, scientists, archaeologist, can be done conveniently subject to that the site / Shivlingam shall not be damaged, and it shall be preserved and protected in its present shape. Further, it directed the District Judge to proceed further with the case and also, directed the ASI to conduct scientific investigation of the site / Shivlingam. Read more
[Laxmi Devi v State of UP]
Demand notice cannot be faulted if any other sum indicated in addition to said amount under S. 138(b) of NI Act: Allahabad High Court reiterates
In an application filed under Section 482 of the Code of Criminal Procedure, 1973, to quash the order passed by the Additional Court for offences under Section 138 of the Negotiable Instruments Act, 1881 (‘the Act, 1881′) and to direct the Court to treat the demand notice as a valid notice of the cheque amount of Rs. 50 lakhs, Suresh Kumar Gupta, J. said that in a demand notice, if other amount is mentioned with the cheque amount in a separate portion in detail, the said notice cannot be faulted. Thus, the Court remanded the matter to the Trial Court to pass a fresh order after hearing the party. Read more
[Prashant Chandra v State of UP]
Can the Trial Court grant maintenance from the date of the order in view of Rajnesh vs. Neha case? Allahabad High Court answers
In a criminal revision filed against the order passed by Principle Judge, Family Court, wherein the husband has been directed to pay Rs. 7,000/- per month to his wife, Jyotsna Sharma, J. held that Trial Court is not barred from granting maintenance from the date of the order if there are circumstances and reasons for doing the same. Read more
[Ranjeeta v State of UP]
No presumption of rape can be made out between minor wife and husband if physical relationship is specifically denied: Allahabad High Court
In a batch of bail applications, wherein the common issue was whether material collected during investigation such as further/subsequent statement given by a victim before Child Welfare Committee (‘CWC’) that she has lived as wife with the accused, would be sufficient evidence for Investigating Officer (‘IO’) to take a different or contrary view of statements of victim recorded under Sections 161 and 164 of the Code of Criminal procedure, 1973 (‘CrPC’), wherein she has either denied or does not refer allegation of physical relationship with accused with or without her consent, Saurabh Shyam Shamshery, J has held that if there is a statement of victim that either they have solemnized marriage or stayed as husband and wife, then there will be a presumption that during stay they have physical relationship except where victim has specifically denied any physical relationship and since consent of minor victim is immaterial, therefore, offence of rape can be made out. Read more
[Ajay Diwakar v State of UP]
Why did Allahabad High Court grant full and proper security to Mukhtar Ansari?
In a writ petition filed by wife of gangster and ex-member of Legislative Assembly Mukhtar Ansari, for directing the State to provide adequate safeguards and protection to Mukhtar Ansari while he is in jail and while he is produced before the Special Judge (MP/MLA Court) or any other Court in Uttar Pradesh, pending trial in all cases in U.P. and during the pendency of the present writ before this Court , the division bench of Dr. Kaushal Jayendra Thaker and Shiv Shanker Prasad, JJ. has granted full and proper security to Mukhtar Ansari. Read more
[Afshan Ansari v State of U.P, 2023 SCC OnLine All 166]
Explained| Allahabad High Court order upholding State Government’s decision to cancel Ziledari Qualifying Examination 2018
In two petitions filed after the result of Ziledari Qualifying Examination 2018 was cancelled by the State due to malpractice and corruption in the examination, Dinesh Kumar Singh, J. has held that the decision of the Government to cancel the entire examination is as per the mandate of the Constitution and goal as set out in the preamble of the Constitution. Read more
[Desh Raj Singh v State of UP, 2023 SCC OnLine All 167]
Bombay High Court
Advocates should prioritize Legal Aid matters; Access to justice cannot be denied based on economic capacity: Bombay High Court
In the appeal against money decree challenging order dated 9-10-2019 dismissing the appeal due to non-appearance of appellant and Advocate through Legal Aid Scheme, and another order passed on 12-2-2020 by the Appellate Court dismissing application seeking restoration/readmission of the Appeal, M.S. Sonak, J. pressed on the duty of diligence of an advocate appointed under the Legal Aid Scheme while setting aside the said orders and directing restoration/readmission of appeal with costs. Read more
[Pravin Naik v. Shrinivas Prabhu Dessai, 2023 SCC OnLine Bom 1049]
Calcutta High Court
Allegation of Forgery/Fraud inter partes does not render dispute non-arbitrable; Calcutta High Court appoints sole arbitrator
While deciding a matter related to appointment of the arbitrator, Shekhar B. Saraf, J., appointed the sole arbitrator and held that a matter is not rendered arbitrable, just because one party disagree about the legitimacy of the arbitration clause in the agreement and their signature on it. Read more
[Ugro Capital Ltd. v. Raj Drug Agency, 2023 SCC OnLine Cal 960]
Delhi High Court
[Adultery v. Right to Privacy] Seeking hotel stay and call record details to prove the charge of adultery will not violate right to privacy: Delhi High Court
In a case wherein the petitioner challenged the orders passed by the Family Court wherein the application preferred by the respondent for summoning the CCTV footage, booking details and reservation records of the said room in Hotel Fairmont, a Single Judge Bench of Rekha Palli, J.* observed that the respondent was the estranged wife of the petitioner who had no direct evidence of her husband indulging in acts of adultery and by resort to Section 14 of the Family Courts Act, 1984 (‘FCA’), she was, only trying to seek production of evidence which she reasonably believed would prove her charge of adultery which by its very nature could be inferred only from circumstances. The Court further opined that the Family Court by way of the impugned orders had sought records which pertained only to the respondent’s husband and not to his friend or her daughter. Therefore, there was no question about their right of privacy being violated in any manner. Read more
[Sachin Arora v. Manju Arora, 2023 SCC OnLine Del 2692]
Corruption inquiry directed against Ex-IAS Ramesh Abhishek by Lokpal; Delhi High Court refuses to interfere
In a petition filed by Mr. Ramesh Abhishek (petitioner), an ex-IAS officer who served as the Secretary to the Ministry of Commerce/DPIIT as also the Chairperson of the Forward Markets Commission challenging the impugned orders dated 02-02-2022 and 03-01-2023 passed by the Lokpal of India by which inquiries and investigation by the Directorate of Enforcement (ED) have been directed by Lokpal against the petitioner, in respect of possession of disproportionate assets. Prathiba M Singh, J., held that the Enforcement Directorate’s summons/notices are only for gathering information unless directed to the contrary by Lokpal and disposed of the petition without delving into the merits of the case. Read more
[Ramesh Abhishek v Lokpal of India]
Private institutions affiliated to GGSIPU not entitled to charge higher fees from the students admitted through 10% Management Quota Seats: Delhi High Court
In a case wherein interpretation of applicable admission rules in the matter of admitting students under Management Quota Seats was involved, a Single Judge Bench of Purushaindra Kumar Kaurav, J.* held that the Circular dated 22-9-2023 did not cast any restriction on the right of the management to admit 10% students under the Management Quota. The said Circular only supplemented the provisions of the Delhi Professional Colleges or Institutions (Prohibition of Capitation Fee, Regulation of Admission, Fixation of Non-Exploitative Fee and Other Measures to Ensure Equity and Excellence) Act, 2007 (‘Act’) and the Delhi Professional Colleges or Institutions (Prohibition of Capitation Fee, Regulation of Admission, Fixation of Non- Exploitative Fee and Other Measures to Ensure Equity and Excellence) Rules, 2007 (‘Rules’) made thereunder, particularly the proviso to Section 13 of the Act which provided that the Management Quota Seats had to be filled in a transparent manner based on merit in the qualifying examination. Read more
[Vivekananda Institute of Professional Studies-Technical Campus v. Govt. (NCT of Delhi)]
[Betnesol v Betnol]: Delhi High Court grants permanent injunction in favour of Glaxo Group Limited on failure to file written statement by Biogen Serums
In a suit filed by Glaxo Group Limited (plaintiff), seeking the relief of permanent injunction restraining the defendant from infringing the trademark of the plaintiff, passing off, and other ancillary reliefs, Amit Bansal, J., granted permanent injunction as the defendant does not have any real prospect of successfully defending the claims in the present suit. Read more
[Glaxo Group Limited v Biogen Serums Private Limited]
Request to review trademark ‘HAMDARD’ in ‘HAMDARD ROGHAN BADAM SHIRIN’ for its descriptive use; Delhi High Court directs Trademark Registry to proceed as per l
In a petition filed by Humdard National Foundation Limited (petitioner) seeking directions that Ayurvedic manufacturers ought not to be permitted to use the expression ‘ROGAN BADAM SHIRIN/ ROUGHAN BADAM SHIREEN’ for BADAM TAIL/ ALMOND OIL which, as per them, is meant only for Unani medicine/ drugs. Prathiba M Singh, J., directed the Controller General of Patents, Designs & Trademarks (CGPDTM) / Trade Marks Registry to proceed in accordance with the law. Read more
[Hamdard National Foundation v Govt NCT of Delhi]
[Gas Migration Dispute] Reliance had limited role to ‘explore’ and ‘extract’ natural gas as a licensee only; Delhi High Court upholds arbitral award in favour of Reliance Industries
In a petition filed by Union of India (petitioner) through the Ministry of Petroleum and Natural Gas under section 34 of the Arbitration & Conciliation Act, 1996 ) challenging the arbitral award dated 24-07-2018 (‘impugned award’) delivered by a 2:1 majority of the arbitral tribunal, which decided the disputes that had arisen between the Ministry of Petroleum & Natural Gas of the Government of India and Reliance Industries Limited (respondent), Niko (NECO) Limited and British Petroleum Exploration (Alpha) Limited from a Production Sharing Contract (PSC) related to exploration and extraction of natural gas from a block in the Krishna-Godavari Basin off the coast of Andhra Pradesh in India. Anup Jairam Bhambhani, J., upholds the arbitral award for lack of any grounds for interference. Read more
[Union of India v Reliance Industries Limited, 2023 SCC OnLine Del 2666]
Delhi High Court directs removal of online videos and tweets containing comments threatening a classical singer
In a petition filed by Azmat Ali Khan (petitioner), a classical singer, seeking the removal of videos, tweets, and various news items appearing on online platforms and news channels in respect of an FIR registered at Dwarka Delhi lodged against the Petitioner, Prathiba M Singh, J., directs removal and blocking of the offending links containing comments posing threat on the life and safety of the petitioner. Read more
[Azmat Ali Khan v Union of India, 2023 SCC OnLine Del 2763]
Invention not to be deemed a ‘computer programme per se’ solely due to use of algorithms and computer-executable instructions: Delhi High Court
In a case wherein the patent application filed by Microsoft for registration of an invention relating to “Methods and Systems for Authentication of a User for Sub-Locations of a Network Location” was rejected on the ground that it was non-patentable, a Single Judge Bench of Sanjeev Narula, J.* opined that the Controller had failed to consider the true technical nature and advancements provided by the invention and had solely focused on the implementation of the invention using computer-executable instructions and algorithms on a general-purpose computing device. Read more
[Microsoft Technology Licensing, LLC v. The Assistant Controller of Patents and Designs]
Delhi High Court dismisses petition under S. 11 Arbitration Act in view of moratorium imposed on parent company
In a petition filed under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment of an arbitrator for adjudicating the disputes that have arisen between the parties in relation to a Memorandum of Understanding executed between the parties. Navin Chawla, J., held that the proceedings in the present petition cannot be continued in view of the moratorium imposed by the Supreme Court and further gave liberty to the petitioner to file a fresh legal action for the same relief once the moratorium imposed by the Supreme Court is lifted or varied if so advised, in accordance with the law. Read more
[Arpit Projects Limited v Gurgaon Recreation Park Limited]
Delhi High Court upholds conviction for murder of a 2-year-old child by hitting her head against stairs of a mandir
In an appeal filed by the appellant (accused) assailing the judgment dated passed by the Trial Court whereby the accused was convicted under Sections 363 and 302 of Penal Code, 1860 (‘IPC’) for kidnapping and murder of a child aged 2 years whereby he was sentenced to undergo imprisonment for life under Section 302 IPC with fine of Rs. 10,000/-, in default to undergo simple imprisonment for six months and further to undergo rigorous imprisonment for seven years. A division bench of Mukta Gupta and Poonam A. Bamba, JJ., upheld the conviction and sentence as the appeal had no merits because the prosecution was able to prove its case beyond a reasonable doubt. Read more
[Dev Sharan v State]
Need to reconsider exclusions under S. 3(k) of the Patents Act in view of growing innovations: Delhi High Court
A Single Judge Bench of Prathiba M. Singh, J.* referred to the 161st Report of the “Review of the Intellectual Property Rights Regime in India” presented by the Parliamentary Standing Committee, wherein the Committee expressed a concern that many inventions might be excluded from patentability in view of Section 3(k) of the Patents Act, 1970 (‘Act’) and thus, this Court opined that a large number of inventions in emerging technologies including by SMEs, start-ups and educational institutions could be in the field of business methods or application of computing and digital technologies, therefore, there was a need to have a re-look at the exclusions in Section 3(k) of the Act, in view of the growing innovations. Read more
[OpenTV Inc v. The Controller of Patents and Designs]
Formulate programmes to educate teenagers who post intimate content on social media without consent: Delhi High Court directs DSLSA
In a case wherein an application was filed under Section 439 of Criminal Procedure Code, 1973 (‘CrPC’) seeking regular bail in a case where FIR was registered under Sections 328, 376 and 506 of Penal Code, 1860 and Section 6 of Protection of Children from Sexual Offences Act, 2012, a Single Judge Bench of Swarana Kanta Sharma, J.* after considering the fact that the petitioner was continuously threatening and blackmailing the prosecutrix, held that it was not inclined to grant any relief to the petitioner. The Court further directed DSLSA to formulate a programme to educate students, potential vulnerable victims as well as educate teenagers posting intimate content on social media without consent of the person concerned, violates the law. Read more
[Sakib Ahmed v. State (NCT of Delhi)]
News articles indicative of wilful campaign launched by Punjab Kesari to lower reputation of Gautam Gambhir in the eyes of public: Delhi High Court
In a case wherein a suit for mandatory injunction, damages and costs was filed by the plaintiff against the defendants for immediate removal of per-se defamatory publications as well as to recover adequate suitable damages from the defendants for publishing/circulating utterly incorrect and defamatory allegations qua the plaintiff, a Single Judge Bench of Chandra Dhari Singh, J. opined that many of the articles were indicative of wilful campaign launched by the defendants to lower the reputation of standing of the plaintiff in the eyes of his constituents, supporters and the public at large and this did not befit a newspaper of the repute and stature of the defendants to indulge in such a conduct. Read more
[Gautam Gambhir v. Punjab Kesari]
Delhi High Court dismisses petition filed by a 97-year-old challenging prospective operation of S. 23 Senior Citizens Act
In a petition filed by Charanjit Singh Ahluwalia (petitioner), a senior citizen of 97 years age is challenging the constitutional validity of Section 23(1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (‘Senior Citizens Act’) whereby it restricts the applicability of the Section only to the gifts of property made by a senior citizen after the commencement of the Senior Citizens Act. A division bench of Satish Chandra Sharma, CJ. and Subramonium Prasad, J., held that the present case is not fit for exercising its jurisdiction under Article 226 of the Constitution. Read more
[Charanjit Singh Ahluwalia v Union of India, 2023 SCC OnLine Del 2730]
Challenge against constitution of Selection Committee to appoint Director of School of Planning & Architecture; Delhi High Court issues notice
In a petition filed by Prof. Dr. Pratap Manohar Raval (petitioner) challenging the constitution of the Selection Committee as constituted by Union of India (respondent 1), Tushar Rao Gedela J., issues notice to the respondents which has been duly accepted. Read more
[Prof Dr. Pratap Manohar Raval v Union of India]
Delhi High Court grants permanent injunction to Infiniti Retail Ltd for its ‘CROMA’ mark
A Single Judge Bench of Amit Bansal, J.* held that the registrations and the long usage of the trade mark ‘CROMA’ by the plaintiff, Infiniti Retail Ltd., and the goodwill vested in the well-known trade mark ‘CROMA’ entitled the plaintiff for grant of a decree of permanent injunction. The Court further opined that the use of the trade mark ‘CROMA’ as a part of the impugned website was likely to deceive unwary consumers of the defendants’ association with the plaintiff. Read more
[Infiniti Retail Ltd. v. Croma through its Proprietor]
PWD, Religious Committee decides to demolish 55-year-old Kali Mata Mandir at Mayapuri Chowk; Delhi High Court refuses to interfere
In a petition filed by Durga Mishra (petitioner), a priest and caretaker of a 55 years old “Kali Mata Mandir” at Mayapuri Chowk, Delhi, seeking quashing of the notice dated 25-04-2023 issued by the Public Works Department and the minutes of the meeting of the Religious Committee dated 10-03-2022 by which the decision has been taken to demolish the temple. Prathiba M Singh, J., refused to interfere with the decision taken by the Religious Committee to demolish the temple and permitted the petitioner to remove the idols and other religious objects in the temple within one week for the same to be placed in other temples as directed by the Religious Committee. Read more
[Durga P Mishra v Govt of NCT of Delhi]
Karnataka High Court
Whether online/ digital rummy played on Gameskraft is taxable under GST Act? Karnataka HC answers
In a significant and 325 pages long decision impacting the online gaming industry, the bench of S.R. Krishna Kumar, J.*, while deliberating over a bunch of petitions filed by Gameskraft Technologies challenging the actions initiated against them by the Directorate General of Goods and Services Tax Intelligence (DGGSTI) including a GST Intimation Notice to the tune of Rs 21,000 crores, held that the impugned notice issued on 23-09-2022 issued by the DGGSTI is illegal, arbitrary and without jurisdiction or authority of law. Read more
[Gameskraft Technologies Pvt. Ltd. v. DGGSTI]
Dismissal Procedure under Kerala Education Rules not a mandate if Aided School Teacher’s conduct led to conviction in criminal charges: Kerala High Court
In a Writ appeal challenging against from service under Kerala Education Act (‘the Act’) and the Kerala Education Rules (‘Rules’) on the ground of conviction in a criminal case, under Section 354(A)(1)(i) and (iii) of the Penal Code (‘IPC’) and Section 10 read with Section 9(f) and (m) and Section 12 read with Section 11(iii) of the Protection of Children from Sexual Offences Act (‘POCSO Act’), the Division Bench of P.B. Suresh Kumar and Sophy Thomas, JJ. dismissed the instant appeal reiterating that the authorities are not bound by the disciplinary procedure or restricted from taking action against conduct leading to conviction on criminal charges. Read more
[Mahesh Thampi v. Deputy Director of Education, 2023 SCC OnLine Ker 2176]
Meghalaya High Court
‘Electricity no longer a luxury’; Meghalaya HC directs State to ensure adequate availability of electricity in the State
While hearing a plea against the rampant power cuts and arbitrary load-shedding resorted to by the State of Meghalaya, the Division Bench of Sanjib Banerjee and W. Diengdoh, JJ., said that it is the State’s responsibility to ensure that there is adequate availability of electricity as per demand and plans should be in place to meet the increased future demands. Read more
[Flaming B. Marak v. State of Meghalaya]
Orissa High Court
Specimen Document and Signature must be admitted by parties before comparing with disputed handwriting under S. 73 of IEA: Orissa HC
In an appeal against the Judgment and Order of the Lower Court, wherein it was held that the disputed sale deed was a forged document, the Single- Judge Bench of B.P. Routray, J., allowed the appeal and set aside the Appellate Court’s order and restored the Trial Court’s Judgment. It was also held that the specimen document signature must be undisputed and all parties to the dispute must admit the specimen signature or writing in the base document before comparing the disputed document under Section 73 of the Evidence Act, 1872 (‘Evidence Act’). Read more
[Basi Bewa v. Raimani Majhiani, 2023 SCC OnLine Ori 2293]
Punjab and Haryana High Court
‘Right to life encapsulates right to construction of road, even to a solitary villager’: Punjab and Haryana High Court to Gram Panchayat
In a petition seeking Writ of Mandamus for quashing directions of Revenue Collector to construct a rasta for one of the respondents who is allegedly an unauthorized occupant over lands owned and possessed by the Gram Panchayat Badaliyan, the Division Bench of Sureshwar Thakur* and Kuldeep Tiwari, JJ. dismissed the petition calling it ‘frivolous and generated by malafides’ and directed the expenses incurred in the institution of this petition to be borne by the Sarpanch and not the Gram Panchayat funds. Read more
[Gram Panchayat Badaliyan v. Financial Commissioner to Govt. Punjab]
‘Petition appears to seek Court’s seal on second relation’; Punjab and Haryana High Court refuses Police Protection for Muslim Marriage
In an application filed under Article 226 of the Constitution of India seeking directions to State authorities to protect life and liberty after second marriage, Sanjay Vashisth J. refused to pass any protection orders since the petitioner could neither prove any threat to the life and liberty, nor could satisfy the Court with the kind of justice he is providing to the first wife. Read more
[Aalam v. State of Haryana]
