high court weekly round up june


Fatwa to kill Waseem Rizvi for renouncing Islam: Read why Allahabad High Court denied anticipatory bail to Maulana Syed

In an anticipatory bail plea filed by a Muslim Scholar Maulana Syed Mohammad Shabibul Husaini (‘Maulana Syed’), accused of issuing a fatwa to kill former Shia Waqf Board Chairman Jitendra Narayan Singh aka Waseem Rizvi as he renounced Islam and converted to a Hindu, Subhash Vidyarthi J. after placing reliance on Maulana Syed’s interview available on You Tube and the fact that he has reiterated his stand even in his affidavit. Thus, the Court rejected his anticipatory bail plea. Read More

[Maulana Syed Mohammad Shabibul Husaini v State of U.P.]

Mere possession of living cow does not amount to committing, abetting, or attempting an offence under U.P. Prevention of Cow Slaughter Act: Allahabad High Court grants bail

In the cow slaughter case, a bail application plea was filed, Vikram D. Chauhan, J. held that mere possession of live cow/bullock by itself cannot amount to committing, abetting, or attempting an offence under the U.P. Prevention of Cow Slaughter Act, 1955 (‘UP Act’). Thus, the Court granted bail to the accused. Read More

[Kundan Yadav v State of UP]

Can a father-in-law file a habeas Corpus petition seeking custody of Daughter- in- law? Allahabad High Court answers

In a Habeas Corpus petition filed by a father-in-law of the detenu with the prayer that his daughter-in-law, who married with the son of petitioner, is in illegal custody of her parents, thus, custody of detenue be given to her father-in-law as her parents are not allowing her to go to her matrimonial house, Shamim Ahmed, J. held that father-in-law has no locus standi to file habeas corpus petition seeking custody of daughter- in- law. Read More

[Aarfa Bano v State of U.P.]

Can a child in conflict with law file an application for anticipatory bail under S. 438 CrPC? Allahabad High Court answers

In a batch of anticipatory bail applications placed before a Larger Bench on a reference made by a Single Judge, that whether a petition under Section 438 of the Code of Criminal Procedure, 1973 at the behest of child, in conflict with law, would be maintainable, the division bench of Pritinker Diwaker, C.J. and Samit Gopal, J. held that there is no bar for grant of anticipatory bail to a child in conflict with law or a juvenile. Although Section 1(4) of the Juvenile Justice Care and Protection Act, 2015 (‘JJ Act’) begins with a non-obstante clause which operates in relation to Code of Criminal Procedure, but the same does not, in any manner, is inconsistent regarding the provisions of anticipatory bail under Section 438 CrPC for a juvenile or a child in conflict with law. But it is the discretion of the court concerned either to grant anticipatory bail or not, but the remedy of an anticipatory bail cannot be taken away from a juvenile or a child in conflict with law, if there is no specific bar to it. Read More

[Mohammad Zaid v State of U.P]

Even slightest penetration of male organ into female parts amounts to rape; Allahabad High Court reiterates

In a bail application filed by the accused for offences under Sections 363, 366, 376, 506 of the Penal Code, 1860 (‘IPC’) and Section 3 read with Section 4 of POCSO Act, Sanjay Kumar Singh, J. held that since the acts of the accused exceeded the stage beyond attempt to commit it, he is guilty of the offence punishable under Section 376 IPC. Even if it is assumed that there was no penetration, even then the accused is liable to be punished under Section 376 read with 511 IPC as even slightest penetration of male organ into the female parts amounts to rape. Read More

[Asharam v State of U.P.]

Man refuses to marry woman after having sexual relations due to her Mangal dosh; Allahabad High Court directs examination of her Kundali

In a bail application filed by an accused who allegedly refused to marry the victim after having sexual relationship with her on a false promise to marry her, on the ground that she has a Mangal dosh in her Kundali, Brij Raj Singh, J. directed the Astrology Department of Lucknow University to determine if an alleged rape victim is a Mangalik by examining her kundali in three weeks. Read More

[Gobind Rai v. State of U.P., 2023 SCC OnLine All 209]

Explained| Allahabad High Court verdict on Gyanvapi Mosque case

In a revision plea filed by Anjuman Intezamia Masajid (‘Masajid’), challenging the Varanasi Court (District Judge) order dated 12-09-2022, wherein the Court rejected an application by the Masajid under Order VII Rule 11 Code of Civil Procedure, 1908 (‘CPC’) against the suit filed by Hindu worshippers seeking worshipping rights inside the Gyanvapi Mosque complex, the Single Judge Bench of J.J. Munir,J. upheld the impugned order passed by the District Judge, thereby dismissing the revision filed by the Masajid against the maintainability of suit filed by Hindu worshippers. Read More

[Anjuman Intezamia Masajid v. Rakhi Singh, 2023 SCC OnLine All 208]


[Copyright Infringement] Bombay High Court refuses to grant interim injunction to Shemaroo Entertainment

In an application essentially seeking direction against Super Cassettes Industries Pvt. Ltd. (‘defendant’) to restrict infringement of copyrights in the suit films by allegedly, illegally publishing audio-visuals pertaining to songs of the suit films on various channels on YouTube without requisite permission/license from Shemaroo Entertainment Ltd. (‘plaintiff’), Manish Pitale, J. dismissed the same pointing out the plaintiff’s failure in making out a prima facie case to prove grave and irreparable loss being suffered. Read More

[Shemaroo Entertainment Ltd. v. Super Cassettes Industries Pvt. Ltd.]

Bombay High Court grants interim relief to Indian Express against ‘Sprouts’ in 100 crores defamation suit

In a suit by Indian Express seeking ancillary reliefs including decree for damages to the extent of Rs 100 crores with specific directions to the defendants who allegedly published defamatory news articles on their e-paper ‘Sprouts’ circulated on other social media platforms and an unconditional apology, Manish Pitale, J. issued suitable directions against the owners of online news portal ‘Sprouts’ to comply with ad-interim directions within 48 hours and take down defaming news report circulation through specified Facebook pages and Tweets. Read More

[The Indian Express (P) Ltd. v. Unmesh Padmakar Gujarathi]

[Covishield Vaccine] Content against Adar Poonawala — Serum Institute prima facie defamatory: Bombay High Court

In a bunch of interim applications seeking to restrain defendants from making/publishing/reproducing/circulating/speaking/communicating any derogatory or defamatory statements against Serum Institute in any medium, to delete/remove any such content from their websites/social media platforms and issuance of an unconditional apology stating such contents to be baseless, R.I. Chagla, J. decided in favour of Serum Institute and CEO Adar Poonawala, and ordered restrain and deletion of prima facie defamatory content. Read More

[Serum Institute of India Pvt. Ltd. v. Yohan Tengra]

Judicial Custody cannot be extended by mere letter to Court seeking to add more Sections against accused constituting serious offences: Bombay HC

In a bail application under Section 167(2)(a)(ii) of the Code of Criminal Procedure, 1973, (‘CrPC’) the Single Judge Bench of S.G. Mehare, J. allowed the accused persons application and granted them default bail. The Court said that in the absence of submitting the remand papers without knowledge of the accused, the prosecution cannot by a bare letter addressed to the Court, seek the extension of remand for more than the period prescribed under Section 167 of the Cr.PC. Read More

[Irfan Moiuddeen Saiyyed v. State of Maharashtra]


Section 138 NI Act| No mandatory disposal of Section 143A application before examination of accused under Section 251 CrPC: Calcutta High Court

The single judge bench of Bibek Chaudhuri,* J. has held that an application under S. 143-A of Negotiable Instruments Act, 1881 is not needed to be disposed of on the date of examination of the accused under S. 251 of the CrPC, the same can be disposed of at any point of time. Read More

[Susanta Chakraborty v. Dey’s Construction]

Can time limit for filing written statement be extended? Calcutta High Court explains

Calcutta High Court | The Singh bench of Arindam Mukherjee,* J., held that time limit for filing written statement can be extended depending upon facts of the case and accepted the written statement of the defendant which was verified and affirmed on 120th day of such service of Writ of Summons.

[Pratishtha Commercial (P) Ltd. v. Orissa State Cooperative Milk Producer’s Federation Ltd]


DNA of unborn child did not match the DNA of accused; Delhi High Court grants bail in a rape case

In a case wherein an application was filed seeking release of the petitioner-accused on regular bail in FIR registered under Section 376 of the Penal Code, 1860 (‘IPC’) and Sections 4 and 6 of Protection of Children from Sexual Offences Act, 2012 (‘POCSO’), a Single Judge Bench of Jasmeet Singh, J. noted that there was no allegation of any kind against the accused in the statement under Section 164 of Criminal procedure Code, 1973 (‘CrPC’) of the prosecutrix and even the FSL report showed that the DNA of the unborn child of the prosecutrix did not match the DNA of the accused. Thus, the Court allowed the application directed that the accused should be released on bail. Read More

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

Delhi High Court directs Collector of stamps to adjudicate stamp duty payable within 30 days

A petition was filed by UNO Minda Limited (petitioner), seeking issuance of directions to the Collector of Stamps which is currently being manned by the Principal Secretary Revenue-cum-Divisional Commissioner, GNCTD for adjudicating the stamp duty payable by the petitioners. Another petition was filed by Reebok India (petitioner) seeking issuance of stamp paper for the Share Certificates as per the application dated 25-01-2022. Prathiba M Singh, J., directed the Collector of Stamps shall usually adjudicate the stamp duty payable and communicate the same to parties within 30 days. However, if the same involves any complexity/ extraordinary circumstances, the adjudication of stamp duty can be extended for a maximum period of three months from the date of application. Read More

[UNO Minda Limited v Deputy Commissioner Revenue Department]

Haj Pilgrimage and related ceremonies fall within the ambit of religious practice and are protected under Article 25: Delhi High Court

A Single Judge bench of Chandra Dhari Singh, J.* opined that the Court was primarily concerned with the pilgrims who intended to travel on Haj Pilgrimage and had paid in advance to the petitioners for the same as travelling to Haj was not merely a holiday but was a medium of practicing their religion and faith, which was a fundamental right. Thus, this Court, being the protector of the rights of the pilgrims, should take the necessary steps in this regard. Thus, to ensure that the pilgrims were not obstructed from completing their journey and undertake Haj, the comments in the consolidated list of allocation of Haj Quota for HAJ-2023 issued on 25-5-2023 by the respondent which read as “Registration Certificate & Quota Kept in abeyance till finalization of proceedings in complaint related matter” was stayed by the Court. Read More

[Akbar Travel and Tours v. Union of India]

Arbitration Clause in a contract will perish with its novation: Delhi High Court

In a case wherein a petition was filed under Section 34 of the Arbitration and Conciliation Act, 1996 (‘Act’), the petitioner seeks setting aside of an award by a sole arbitrator in disputes raised by the petitioner under an undated Construction Contract (‘2014 Contract’) entered into between the parties in 2014, a Single Judge Bench of Prateek Jalan, J.* opined that the arbitrator’s conclusion that the MoU constituted a novation of the 2014 Contract was unimpeachable within the limited jurisdiction of the Court under Section 34 of the Act. The Court held that impugned award only holds that the arbitration agreement in the 2014 Contract perished upon execution of the MoU and did not render any conclusive findings upon the rights and obligations of the parties under the MoU. Thus, the Court dismissed the petition and held that it did not find any grounds for interference with the impugned award under Section 34 of the Act. Read More

[B.L. Kashyap & Sons Ltd. v. Mist Avenue (P) Ltd., 2023 SCC OnLine Del 3518]

Delhi High Court upholds 2011 amendment to Section 35(10)(cc) of Delhi Co-operative Societies Act

In a case wherein a writ petition was filed seeking declaration of Section 35(10)(cc) of the Delhi Co-Operative Societies Act, 2003 (‘2003 Act’) as ultra vires, the Division Bench of Manmohan and Saurabh Banerjee*, JJ. held that there were no reasons for declaring the provisions of Section 35(10)(cc) of the 2003 Act to be ultra-vires as there was no mala fide and/or personal gain to anyone or the legislature in inserting Section 35(10)(cc) in the 2003 Act vide the Delhi Co-operative Societies (Amendment) Act, 2004 (‘2004 Amendment’) and the later amendment thereto vide the Delhi Co-operative Societies (Amendment) Act, 2011. The Court further held that the amendment carried out to Section 35(10)(cc) of the 2003 Act by the 2011 Amendment was logical and a well-thought-off policy decision taken in larger public interest which need not be interfered with. Read More

[The Sudhar Sabha Consumer Co-Operative Store Ltd. v. The Delhi Consumer Co-Operative Wholesale Store Ltd.]

Delhi High Court grants permanent injunction to New Balance Athletics for ‘NEW BALANCE’ mark and ‘NB’ device mark

A Single Judge Bench of Amit Bansal, J.* opined that the adoption of the mark ‘NEW BALANCE and device mark ‘NB’ by New Balance immigration (P) Ltd. (defendant) was dishonest as it failed to explain as to how it adopted the marks ‘NEW BALANCE’ and the ‘NB’ device marks, which were deceptively similar to New Balance Athletics Inc.’s (plaintiff) registered marks. Thus, the Court granted permanent injunction to the plaintiff for its marks ‘NEW BALANCE’ and ‘NB’ and further held that the plaintiff was entitled to costs of Rs. 4 lakhs which would be payable by the defendant. Read More

[New Balance Athletics Inc. v. New Balance Immigration (P) Ltd.]

Delhi High Court directs Patent office to update Manual for Practice and Procedure for dealing intricate matters in a better way

In a case wherein an appeal under Section 117-A of the Patents Act, 1970 (‘Act’) was preferred against the order of the Assistant Controller of Patents and Designs, Indian Patent Office (‘Controller’) in which the grant of patent for “Manufacturing of Decorative Laminates by Inkjet” was refused, a Single Judge Bench of Amit Mahajan, J.* noted that the corresponding patent application had been granted in various jurisdiction including USA, UK, Australia, China, and various countries in Europe. Thus, the Court had set aside the impugned order and directed the Patent Office to grant the patent, subject to completion of necessary formalities. Read More

[AGFA NV v. Controller of Patents & Designs, 2023 SCC OnLine Del 3493]

Delhi High Court refuses interim bail to Manish Sisodia; Allowed to meet wife for a day; No media interaction, No phone or internet

An application was filed by Manish Sisodia, former Delhi Deputy Chief Minister and sitting MLA from the national political party named Aam Aadmi Party seeking interim bail for a period of six weeks in a case registered for the offences punishable under Sections 3 & 4 of the Prevention of Money Laundering Act, 2002 on the ground of illness of his wife Mrs. Seema Sisodia. Dinesh Kumar Sharma, J., refused bail considering that the petitioner is an influential person, and the allegations are very serious in nature. Read More

[Manish Sisodia v. CBI, 2023 SCC OnLine Del 3231]

Delhi High Court grants bail to Bhushan Power and Steel Limited CFO in investigation launched by SFIO

A bail application was filed by Arun Kumar Aggarwal (applicant), a qualified chartered accountant associated with BPSL from 2000 to 2019 and was later appointed as a Chief Financial Officer in the year 2007, under Section 439 of Criminal Procedure Code (‘CrPC’) read with Section 212(6) of Companies Act, 2013 seeking grant of regular bail in a complaint registered under Section 120B read with Sections 417 and 420 Penal Code, 1860 (‘IPC’), Section 36(c) read with Section 447 of the Companies Act, 2013, Sections 129 and 448 read with Section 447, and Sections 211 and 628 of the Companies Act, 1956. Amit Sharma, J., granted bail to the applicant subject to a few conditions as the requirements of Sections 212(6)(i) and (ii) of the Companies Act, are satisfied. Read More

[Arun Kumar Aggarwal v. Serious Fraud Investigation Office, 2023 SCC OnLine Del 3366]

Right to be Forgotten| Delhi High Court directs Indian Kanoon to mask the name of the man acquitted in rape case

In a case wherein the petitioner approached this Court seeking masking of his name in a judgment dated 4-7-2018 of the Court of the ASJ, Rohini Courts, titled ‘State v. SK’, a Single Judge Bench of Prathiba M. Singh, J., after noting that no case was made against the petitioner beyond reasonable doubt and the testimony of the prosecutrix was held to be not trustworthy, directed Indian Kanoon that the name of the petitioner should be masked from the judgment within a week. The Court further directed Indian Kanoon to place on record an affidavit stating its policy in respect of the right to be forgotten and of masking of names in such cases including in judgments of this Court and in orders and decisions passed by the Trial Courts. Read More

[SK v. Union of India]

‘Neighbourhood Criteria’ not to be followed strictly by schools for admissions under EWS or DG category: Delhi High Court

In a case wherein the petitioners despite being successful in the draw of lots conducted by the Directorate of Education (‘DOE’) and having been allotted the school in question, they had been denied admission as they did not fulfill the neighbourhood criteria, a Single Judge Bench of Mini Pushkarna, J.* rejected the objection raised by Respondent 1 with respect to the distance of the residence of the two petitioners from the school and further, directed Respondent 1 to grant admission to the two petitioners in Class 1 under the Economically Weaker Section (‘EWS’) Category/ Disadvantaged Group (‘DG’) category. The Court opined that in cases of admission under the EWS/DG category, the schools must not insist upon following the neighbourhood criteria strictly. Read More

[Tarun Kumar v. The Principal Happy Hours School]

Neither appropriate nor feasible for Courts to draw conclusions at the stage of bail: Delhi High Court

A Single Judge Bench of Anup Jairam Bhambhani, J.* while granting bail to a 20-year-old boy against whom FIR was registered under Sections 376 and 377 of Penal Code, 1860 (‘IPC’) and was in judicial custody since 1 year 7 months, opined that at the stage of considering a bail-plea, it was neither appropriate nor feasible for the Court to draw any conclusion, as to whether a promise of marriage made to a prosecutrix was false and in bad faith with no intention of being adhered to when it was given and such a decision must await a thorough assessment and evaluation of evidence to be led by the parties at the trial. Read More

[Rishabh Rawat v. State (NCT of Delhi), 2023 SCC OnLine Del 3368]

Delhi High Court directs SpiceJet to pay 380 crores to Sun Group founder Kalanithi Maran

An application was filed by Kal Airways (decree holder) seeking payment from Spice Jet Limited (judgment debtor), of amount of Rs.75 crores to the decree-holder within a period of three months towards the liability on account of interest pending disposal of a petition under Section 34 of the Arbitration and Conciliation Act and in the event of default in compliance of the order Yogesh Khanna, J., held that the judgment debtor had failed to pay an amount of Rs.75 crores to decree holder, hence in terms of para 15(ii) of the order dated 13-02-2023 of the Supreme Court, there is no other alternative except to call upon the judgment debtors to deposit the entire outstanding amount qua interest forthwith. Read More

[Kal Airways Pvt Ltd v Spicejet Ltd.]

Delhi High Court denies injunction to Times Group for its claim of ‘prior use’ of logo “NOW”, “E NOW” “E-NEWS NOW”

A suit was filed by Bennet Coleman & Company Limited (plaintiff) seeking to restrain E Entertainment Television (defendants) its directors, agents, officers, employees, cable operators, multisystem operators, direct-to-home operators, E-NEWS and other persons associated with it from adopting and using the mark “NOW”, “E NOW” and “E NEWS NOW” or any other mark or name which is identical or deceptively similar, either singly or in conjunction with any other word or mark, to plaintiff’s channel name/ registered mark, or/ and the plaintiff mark’s logo style, format, font, get up or color scheme. Mukta Gupta, J., held that the plaintiff cannot be permitted to claim that the word ‘NOW’ used by it as a prefix or suffix has acquired a distinction, therefore, the defendant who is a prior user of mark ‘E’ or ‘E!’ with ‘NOW’ and ‘E NEWS NOW’ cannot be injuncted. Read More

[Bennet v. E! Entertainment Television LLC, 2023 SCC OnLine Del 3339]


“Dog meat consumption is an ancient Naga custom”: Gauhati High Court sets aside ban on sale of dog meat

While deliberating over the alleged violation of the fundamental rights when the petitioners’ livelihood was threatened after a Government Order issued by the Chief Secretary of the Nagaland Government, banned the commercial import, trading of dogs and dog markets as well as commercial sale of dog meat in markets; the bench of Marali Vankung, J.*, quashed the impugned order on the ground that Chief Secretary was not the appropriate authority to issue the impugned order dated 04-07-2020 when Section 30 of the Food Safety and Standards Act, 2006 provides for appointment of a Commissioner of Food Safety for the State for an efficient implementation of food safety and standards and other requirements laid down under the Act. Read More

[Neizevolie Kuotsu v. State of Nagaland]


Gujarat HC cites Manusmriti during hearing for termination of pregnancy of minor rape survivor

In a special criminal application, wherein the father of minor rape survivor was seeking termination of 7-months old pregnancy of his minor daughter, the Single Judge Bench of Samir J. Dave, J., directed the Medical Superintendent, Civil Hospital, Rajkot to conduct medical examination of the rape survivor and give their medical opinion on whether it is advisable to perform the procedure of medical termination of pregnancy. Read More

[XXX v. State of Gujarat]

Gujarati Stenographer Recruitment: Gujarat HC dismisses petition of candidate seeking relaxation in Age Criteria

In a Petition under Article 226 of the Constitution of India, wherein the issuance of writ of mandamus was sought to direct the Gujarat Subordinate Services Selection Board (‘respondent’) to permit the petitioner to apply for the post of Gujarati Stenographer even after crossing the prescribed age limit, the Single Judge Bench of J.C. Doshi, J. dismissed the petition as the petitioner was not able to establish that she possessed the prescribed age limit on the date of the advertisement or any relaxation rule which permits her to participate in the selection process. Read More

[Anuradha Vikramsinh Rajput v. Gujarat Subordinate Services Selection Board]


Sympathy in matters involving unnatural offences against a child is a case of misplaced sympathy: J&K and Ladakh HC

While deciding the instant application wherein the accused was seeking bail in a case registered for commission of offences punishable under Sections 377 and 506 Penal Code, 1860 r/w Sections 4 and 5(m) of POCSO Act, on the grounds, that he is citizen of India and permanent resident of UT of Jammu & Kashmir, therefore, entitled to the protection of his fundamental rights guaranteed under the Constitution including right to freedom and liberty; the bench of Mohan Lal, J., rejected the bail application and pointed out that the instant case is a case where the nature of the crime committed against the child is so fiendish that it sends shivers down the spine, thus this is a case fit for “Jail” and not “Bail”. The Court emphasised that granting of bail to the accused at a stage where trial is incomplete and statement of the child victim is yet to be recorded, would lead to the danger of the course of justice being thwarted. Read More

[Rahul Kumar v. UT of J&K]

J&K and Ladakh HC directs authorities to submit an updated compliance report vis-à-vis ensuring welfare of transgenders in the Union Territory

In the instant matter the petitioners raised their grievance that various orders relating to welfare of transgenders, that were passed by the High Court from time to time have not been complied with. The Division Bench of N. Kotiswar Singh, CJ., and Moksha Khajuria Kazmi, J., noted that the High Court had passed several orders from 2018 to 2020 on myriad issues concerning transgenders like- reservation in jobs, issues related to education, free medical treatment and enabling inclusive environment for transgender persons in the Union Territory of J&K. Read More

[Aijaz Ahmad Bund v. State (UT of J&K), 2023 SCC OnLine J&K 298]

[POCSO] | Consideration of bail plea cannot be deferred indefinitely simply because the victim is keeping herself away from appearing in Court: J&K and Ladakh HC

While deliberating over instant petition wherein the accused was seeking bail in a case arising for offences under Sections 363 and 109 IPC and Section 8 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), the bench of Sanjay Dhar, J.*, held that statutory right to bail granted to the accused in terms of provisions contained in Section 436-A of the CrPC cannot be defeated by stating that despite best efforts, the victim could not be traced. Read More

[Ravi Kumar v. Union Territory of J&K]


Proceedings under S. 498-A IPC cannot be quashed simply because it was filed after receipt of divorce notice: Karnataka High Court

Karnataka High Court: While deliberating over the instant petition challenging the registration of a crime punishable under Sections 498-A, 307 and 506 of Penal Code, 1860 and Sections 3 and 4 of the Dowry Prohibition Act, 1961, against the husband after he sent a notice to his wife for dissolution of marriage, the Bench of M. Nagaprasanna, J.*, dismissed the petition stating that quashment of proceedings against the husband at a stage when investigations are ongoing, would not arise on the ground that the complaint is registered immediately after receipt of the legal notice of dissolution of marriage sent by the husband. Read More

[Pramod RS v. State of Karnataka]


Gratuity determined as per date of termination of employment, not the date of sanction or actual disbursement: Kerala High Court

In a writ petition seeking directions to Kerala State Housing Board (‘KSHB’) authorities to disburse DCRG as per Section 4(3) of Payment of Gratuity Act (1972 Act) as amended in 2010 along with 9% interest for 9 years and 11 months on gratuity amount, while he retired from service on 31-5-2002, Murali Purushothaman, J. clarified that gratuity has to be determined from the date of termination of employment and not the date of disbursement. Read More

[K. Rajendra Prasad v. State of Kerala]

Police should verify pendency of bail application for interim orders before arresting a person: Kerala High Court

In an application for bail under Section 438 of Criminal Procedure Code, 1973 (‘CrPC’), P.V. Kunhikrishnan, J. clarified that the Police Officer should contact the Prosecution Officer before arresting an accused to confirm regarding any interim order passed by the Court and also, directed the State Police Chief to issue directions in this regard. Read More

[Niyasali v. State of Kerala, 2023 SCC OnLine Ker 3282]

Age of Retirement for Kerala High Court Staff; matter remitted back for consideration by Government

In a Writ Petition seeking permission for members of High Court staff to continue service beyond 56 years, the division bench of A. Muhamed Mustaque and Sophy Thomas, JJ. dismissed the petition and remitted the matter back to the government for consideration. Read More

[Ajith Kumar V.S. v. State of Kerala, 2023 SCC OnLine Ker 3586]

“Nudity and obscenity not always synonymous”; Kerala High Court discharges mother who exposed upper naked body for painting by minor children

In a revision petition challenging Trial Court’s dismissal of application for discharge by a mother accused of offences under Sections 10, 9(n), 14, 13(b) and 15 of the Protection of Children from Sexual Offences Act, 2012 (‘POCSO’), Sections 67-B(a), (b), (c) of the Information Technology Act, 2000 (‘IT Act’), and Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (‘JJ Act’) for exposing her upper naked body to her minor children in the name of ‘body art’, Kauser Edappagath, J. discharged the mother saying that none of the allegations could be satisfied in the instant matter. Read More

[XXX v. State of Kerala]

LIC not liable for false information on insurance application filled by agent: Kerala High Court

In an appeal challenging the Trial Court’s judgment which allowed suit for money claiming sum assured under a life insurance policy issued by Life Insurance Corporation (‘LIC’) in which, material facts were suppressed/unfurnished, but the Trial Court regarded the same as fault on part of the LIC agent/employee who filled such proposal form, Sathish Ninan, J. set aside the Trial Court’s decision while holding that the Insurance Company was not liable for false information on insurance application. Read More

[LIC v. Rosamma Varkey, 2023 SCC OnLine Ker 3359]

Involvement in subsequent crime sufficient ground for cancellation of bail: Kerala High Court

Kerala High Court: In a petition filed under Section 482 of Criminal Procedure Code, 1973 (‘CrPC’) seeking to quash order cancelling bail granted to the petitioner due to involvement in subsequent crime, Raja Vijayaraghavan V., J. reiterated that misuse of liberty by getting involved in a similar crime while on bail in an existing criminal matter is a sufficient ground for cancellation of bail.

[Navas v. State of Kerala]


Decoding Madras High Court verdict on Gokulraj Murder committed “under the influence of demon called caste”

In seven criminal appeals filed against the judgment passed by the Trial Court, wherein the Court has convicted the accused persons in the Gokulraj murder case, division bench of M.S. Ramesh and N. Anand Venkatesh*, JJ. convicted ten accused persons and sentenced eight of them to life imprisonment for the rest of their lives without entitlement for remission and a fine of Rs. 5,000/-. Further, it sentenced two accused persons to five years rigorous imprisonment and a fine of Rs. 5,000/. Read More

[Yuvaraj v. State, 2023 SCC OnLine Mad 3621]

Madras High Court issues guidelines for police investigation to restrict ‘harassment’ of persons in criminal complaints

In a criminal original Petition under Section 482 of Criminal Procedure Code (‘CrPC’) seeking directions to Police not to harass the petitioner except due process of law, Sathi Kumar Sukumara Kurup, J. issued guidelines to be followed by police during investigation for refraining them from harassing persons. Read More

[Rajini v. Superintendent of Police]


Manipur HC directs State and Officer-in-charge to complete pending Investigation in 10-years-old UAPA case within 6 months

In a set of two criminal petitions wherein the petitioner was seeking to quash the First Information Report (‘FIR’) against him under Section 17 and 20 of the Unlawful Activities (Prevention) Act, 1967 (‘UAPA’) the Single Judge Bench of A. Guneshwar Sharma, J. said that the offences under UAPA are serious ones relating to the security of the nation and FIR cannot be quashed on mere technicalities without going to the complete merit of the case and directed the respondents to complete the investigation within a period of 6 months from the date of receipt of the order and submit a report under Section 173 Cr.P.C to the Court. Read More

[Maisnam Korouhanba Luwang v. State of Manipur]

Manipur High Court directs appointment of Dr. L Ranjit Singh as Director of Regional Institute of Medical Sciences, Imphal

In a Writ Petition filed by Dr. L. Ranjit Singh(‘petitioner’) wherein he sought to quash the impugned Order dated 16-01-2023 which entrusted the additional charge of Director, Regional Institute of Medical Sciences (‘RIMS’) to another Professor Doctor (‘respondent no. 5′) and to direct the Secretary and Deputy Secretary, Ministry of Health & Family Welfare; Government of India; RIMS and the Deputy Director, RIMS (‘respondent authorities’) to consider the case of petitioner for the post of Director being the senior most member of the RIMS, the Single Judge Bench of MV Murlidharan, CJ. allowed the petition and directed the respondent authorities to give additional charge of Director, RIMS, Imphal to the petitioner till his retirement in the month of September 2023. Read More

[Dr. L Ranjit Singh v. Union of India]

Manipur HC dismisses election petition filed against BJP MLA Leishangthem Susindro Meitei for absence of cause of action

In an election petition filed by Leishangthem Susindro Meitei, (‘applicant’) MLA, Manipur, the election petition filed against him was sought to be dismissed, wherein his election to the 12th Manipur Legislative Assembly was sought to be set aside, the Single Judge Bench of Additional Chief Justice M.V. Muralidaran J., allowed the applicant’s petition and dismissed the election petition filed against him on the grounds that no cause of action was made out against him as essentially required under Sections 100 and Section 83(1)(b) and other provisions of the Representation of the People Act, 1951. Read More

[Leishangthem Susindro Meitei (Yaima) v. Laitonjam Jayananda Singh, 2023 SCC OnLine Mani 173]


[Illegal Coal Mining] Meghalaya HC expresses concern for involvement of higher-ups of State; Reprimands State for complicity with kingpin

In a Public Interest Litigation (‘PIL’) wherein the petitioner sought Orders to prevent the illegal coal mining and the transportation of the illegally mined coal in the State of Meghalaya (‘State’) from the State of Assam, the Division Bench of Sanjib Banerjee, (C.J). and W. Diengdoh, J. reprimanded the State for not taking any steps to prevent the illegal coal mining and said that the kingpin was an instrumentality of the State and was aided and abetted by the State to finance the business of illegal mining of coal. Read More

[Champer M. Sangma v. State of Meghalaya]

Meghalaya HC directs State to restrict Constructions within 50 meters high-water mark of Umiam Lake

In a Public Interest Litigation (‘PIL’) regarding the cleaning of Umiam Lake, the Division Bench of Sanjib Banerjee, (CJ) and W. Diengdoh , J. directed the State to take measures to protect and conserve all the waterbodies in the State. The Court also directed the State and local authorities to not allow any constructions within 50 meters of the high-water mark of the waterbody without the express previous leave of the Court. Read More

[In Re: Cleanliness of Umiam Lake v. State of Meghalaya]


Orissa High Court directs State to indicate steps taken by District Administration for crowd management at Alarnath temple during Anavasara Period

In a writ petition filed praying that the authorities concerned ensure a smooth management of the crowd at the Shree Jagannath Temple, the division bench of S.K. Sahoo and M.S. Raman, JJ. has directed the State to file an affidavit indicating the steps taken by the Puri District Administration for crowd management and smooth darshan of the deity, at Alarnath temple during Anavasara Period. Read More

[Madhusudan Pujapanda v. State of Odisha]


Punjab and Haryana High Court refuses grant of anticipatory bail to IAS Vijay Singh Dahiya

In Criminal Miscellaneous Petition seeking anticipatory bail for offences under Sections under Sections 7, 7-A of the Prevention of Corruption Act, 1988 and Sections 381, 120 of Penal Code, 1860 (‘IPC’), Gurvinder Singh Gill, J. dismissed the same saying that the instant case warrants for custodial interrogation. Read More

[Vijay Singh Dahiya v. State of Haryana (Anti-Corruption Bureau)]

[Navjot Singh Sidhu Security] Punjab and Haryana High Court directs State authorities to assess threat perception and take corrective steps

In a petition by politician and ex-cricketer, Navjot Singh Sidhu seeking issuance of writ of mandamus directing the State authorities to restore Z+ security which was reduced to Y+ without any notice, Raj Mohan Singh, J. directed State authorities to consider the threat perception raised by Sidhu in the instant petition and take all corrective steps regarding suitable security. Read More

[Navjot Singh Sidhu v. State of Punjab]

[Illegal transportation and slaughtering of cow] Punjab and Haryana High Court refuses to grant bail due to ‘very serious’ allegations

In a petition filed under Section 439 of Criminal Procedure Code, 1973 (‘CrPC’) seeking grant of regular bail for offences under Section 13(2) of the Haryana Gauvans Sanrakshan and Gausamvardhan Act, 2015, Sections 279, 307, 336, 34, 427 of Penal Code, 1860 (‘IPC’) and Section 11 of the Prevention of Cruelty to Animals Act, 1960, Gurbir Singh, J. refused to grant regular bail viewing the petitioner’s attempt to mislead the Court by suppressing another case, and the seriousness of offence in the instant matter. Read More

[Shrif v. State of Haryana, 2023 SCC OnLine P&H 537]

Punjab and Haryana High Court bats for service of summons through WhatsApp and other electronic media; issues detailed guidelines

In a Contempt Petition alleging non-compliance with Order directing disposal of a partition application within a period of 6 months, which has been pending for last 19 years, Arvind Singh Sangwan, J. issued guidelines for service of notices, summons and exchange of pleadings through WhatsApp, e-mail and other electronic media and directed the authorities concerned to conclude the proceedings by effecting service of summons as per the given modes. Read More

[Amar Singh v. Sanjeev Kumar]

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