ALLAHABAD HIGH COURT
Allahabad High Court provides interim protection to a man accused of calling PM Modi ‘a virus who requires an urgent antidote'
In a writ petition seeking quashing of the FIR for the offences under Section 504 of the Penal Code, 1860 (‘IPC') and Section 66 of the Information Technology (Amendment) Act, 2008, wherein the accused allegedly called Prime Minister Narendra Modi ‘ a virus who requires an urgent antidote', the division bench of Anjani Kumar Mishra and Nand Prabha Shukla, JJ. said that prima facie, the words attributed to the accused do not fall within the purview of Section 504 IPC, therefore, the matter requires consideration. Further, it said that the petitioner may not be arrested consequent to the impugned FIR and directed that the protection should be available either till the next listing or till submission of police report, whichever is earlier. Read More
[Mohd. Farhan v. State of U.P., 2023 SCC OnLine All 294]
Inherent powers of High Court are well defined: Allahabad High Court refuses to quash case against man accused of posting Lord Hanuman's disrespectable picture
In an application filed under Section 482 of the Code of Criminal Procedure, 1973, (‘CrPC') challenging the charge sheet and summoning order as well as entire proceeding of criminal case for the offences under Section 505(2) read with Section 295-A of Penal Code, 1860 (‘IPC') and Section 67 Information Technology Act, Prashant Kumar, J. reiterated that at the stage of taking cognizance, the Court should not get in the merits of the case, at such stage, the Court's power is limited to the extent on finding out whether from the material placed before it, the offences alleged thereunder against the accused is made out or not with a view to proceed further with the case. Hence, the Court denied interfering and entertaining the instant application filed under Section 482 CrPC. Read More
[Rajesh Kumar v. State of U.P., 2023 SCC OnLine All 293]
BOMBAY HIGH COURT
1.5 L water for one inmate inadequate; Bombay High Court directs inspection of Taloja jail over inadequacy of water supply
In a Criminal Writ petition sent through Taloja jail by one of the inmates, praying for the direction to the City and Industrial Development Corporation of Maharashtra (‘CIDCO') to provide adequate water for inmates, the Division Bench of Revati Mohite Dere and Gauri Godse, JJ. directed the Secretary to District Legal Service Authority (‘DLSA') to visit Taloja jail and verify the water supply made available to the inmates. Read More
[Abhay Shamsundar Kurundkar v. State of Maharashtra]
[RBI Master Circular on fraud classification] Bombay High Court stays action by banks till September 11
In a batch of petitions challenging the actions taken by banks in pursuance of Frauds (Classification and Reporting by Commercial Banks and Select FI) Directions, 2016 (‘RBI directions') issued by the Reserve Bank of India (‘RBI'), G.S. Patel and Neela Gokhale, JJ. imposed stay to restrict actions by banks and their in-house committees in furtherance of the Master Circular. Read More
[SS Hemani v. The Reserve Bank of India]
Bombay High Court restores case against Kirtankar who gave speech on conceiving male child by having sex on even-days
In a batch of petitions regarding a challenge to common order passed by Additional Sessions Judge which quashed and set aside order of Magistrate issuing order under Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (‘PCPNDT Act'), and praying to restore the complaint, Kishore C. Sant, J. held the communication in the religious discourse to be an advertisement under PCPNDT Act and directed the Trial Court to proceed with the trial. Read More
[Ranjana Pagar-Gawande v. Nivrutti Kashinath Deshmukh (Indorikar), 2023 SCC OnLine Bom 1199]
Nothing inconsistent in Arbitration Act as against Sections 7 to 9 of IBC Code: Bombay High Court
While considering the question of whether the provisions of Insolvency and Bankruptcy Code, 2016 (‘IBC Code') interdict the appointment of an arbitrator by invoking Section 11(6) of Arbitration and Conciliation Act, 1996 (‘1996 Act'), Justice Avinash G. Gharote clarified that nothing appears to be inconsistent between the provisions of 1996 Act and IBC Code. Read More
[Sunflag Iron & Steel Co. Ltd. v. J. Poonamchand & Son]
CALCUTTA HIGH COURT
[Illegal encroachment] Vendors selling motor parts in market area are not Hawkers: Calcutta High Court
While dealing with Public Interest Litigation (PIL) related to encroachment on public road, a Division Bench of T.S. Sivagnanam, CJ., and Ajay Kumar Mehta, J., directed the to issue notices to all the hawkers in the area directing them to remove the encroachment and file Action taken report on the next date of hearing. Read More
[Faizan Md. Zafar v. State of W.B.]
DELHI HIGH COURT
Read why Delhi High Court granted bail in 102 Kg Heroin smuggling case
In a petition seeking regular bail for offences under Sections 8(c), 21(c), 23(c), 27(a), 29 of Narcotic Drugs and Psychotropic Substance (‘NDPS') Act, a single Judge Bench of Anish Dayal J., grants bail to the petitioner as there was reasonable grounds to believe that the petitioner's guilt may not be proved and there was no material on record to show that he was likely to commit any offense while on bail. Read More
[Vipin Mittal v. National Investigation Agency]
Delhi High Court sets aside transit remand order; Directs adjudication of application u/S 437 CrPC
A petition under the writ of habeas corpus was filed by the petitioner seeking direction to respondents 3 and 4 to produce the petitioner before the Court and set aside the impugned order dated 15-06-2023 passed by the Duty MM, Southeast Distt., Saket Courts. A division bench of Jasmeet Singh, and Vikas Mahajan, JJ., sets aside the impugned order with the direction to the Duty Magistrate to consider and decide the application moved by the petitioner under Section 437 CrPC within 2 days from receiving of the order. Read More
[Rahul Lunia v. State]
Delhi High Courts rejects bail plea of a teacher accused of raping student
In an application filed under Section 439 of the Code of Criminal Procedure, 1973 (‘CrPC'), wherein the applicant was seeking grant of regular bail in the case registered under Section 376 of the Penal Code, 1860 (‘IPC') and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (‘POCSO Act'), the Single Judge Bench of Anup Jairam Bhambhani J., rejected the bail application, as allegations in the present case required cogent answers before they could be discarded. Read More
[Babu Lal Bhawariya v. State (NCT of Delhi), 2023 SCC OnLine Del 3629]
[Drug Trafficking] 34 kgs heroin seized at ICD Tughlkabad, Delhi; Delhi Court discharges accused due to lack of evidence
A case was registered on receiving specific information regarding some contraband goods, being concealed in four containers, declared to contain rock salt, being imported into India and were lying at ICD Tughlakabad, New Delhi after being seized. Gaurav Gupta, J., discharged an accused (accused 5) for the lack of evidence against him. The Court further held that a prima facie offence u/s 29 and 28 r/w 21/23 Narcotics Drugs and Psychotropic Substances Act, 1985 (NDPS) was made out against accused 1 and offence u/s 29 and 23 r/w 29 NDPS Act was made out against accused 2, 3 and 4. Read More
[Directorate of Revenue Intelligence v. Nitish Kumar]
Delhi High Court directs plantation of at least 10,000 trees to utilize Rs. 80 lakhs recovered from defaulting litigants
To utilize Rs. 80 lakhs that were deposited in the Court as costs that were imposed on the defaulting litigants, a Single Judge Bench of Najmi Waziri, J. opined that these monies were to be utilized for larger public good and the plantation of trees was one such exercise which the Court would consider because trees would incessantly and silently provide multiple benefits to the city. Read More
[New India Assurance Co. Ltd. v. Himanshu Sharma]
‘CruzOil' being a composite mark is excluded from Section 9(1)(b) of the Trade Marks Act and is registrable: Delhi High Court
In a case wherein an appeal was filed under Section 91 of the Trade Marks Act, 1999 (‘Act') challenging the order passed by the Registrar of Trade Marks (‘Registrar'), wherein the registration of the appellant’s device mark ‘CruzOil'/ 
(‘subject mark') was refused, a Single Judge Bench of Amit Bansal, J. opined that ‘CruzOil' being a composite mark was excluded from Section 9(1)(b) of the Trade Marks Act and was registrable. The Court allowed the appeal and thus, had set aside the impugned order. Read More
[Navaid Khan v. Registrar of Trade Marks Office]
GAUHATI HIGH COURT
Gauhati HC asks to be apprised of the steps taken by Assam Govt towards protection of Ahom dynasty era monuments from illegal encroachment
The Division Bench of Sandeep Mehta, CJ., and Suman Shyam, J., taking note of the issue of illegal mining activities taking place in the various locations under Digboi Forest Division, called for the Advocate General of Assam to apprise this Court on the next date fixed as to whether, the State of Assam is prepared to come up with a comprehensive plan for protection of the monuments pertaining to Ahom dynasty, including the coal mines. Read More
[In re, the State of Assam]
GUJARAT HIGH COURT
Admiralty Suit by Patanjali; Gujarat HC directs Deendayal Port Authorities to Arrest Merchant Ship MT Syrma
In a suit filed under Section 4(1)(d) and 4(1)(f) of the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 by Patanjali Foods Limited (‘plaintiff'), wherein arrest of the defendant vessel M T SYRMA (IMO 9204805) was sought, the Single Judge Bench of Nikhil S Kariel J., ordered the Port officer and the Custom Authorities at Deendayal Port to effect the arrest, seizure or detention of the defendant vessel. Read More
[Patanjali Foods Limited v. MT Syrma]
Medical Board advice against Medical Termination of 29 weeks pregnancy; Gujarat High Court directs Minor Rape Survivor to stay at shelter home till delivery of child
In a special criminal application, wherein the father of minor rape survivor was seeking termination of pregnancy of his minor daughter, the Single Judge Bench of Samir J. Dave, J., heeded to the advice of Medical Board and said that minor girl is 29 weeks 05 days pregnancy, therefore, it was advised against medical termination of pregnancy. The Court directed the departments concerned to extend all facilities to the minor girl as per policies of the State of Gujarat. Read More
[XXX v. State of Gujarat]
HIMACHAL PRADESH HIGH COURT
Every Female and Male Employee whether appointed on regular basis, contractual basis, ad hoc basis, have Fundamental Right to Maternity and Paternity Leave: Himachal Pradesh HC
In a Writ Petition filed by the State of Himachal Pradesh (‘State-petitioner') against the Order of the Himachal Pradesh Administrative Tribunal (‘Tribunal') whereby, the respondent was granted the benefit of deemed maternity leave and thereafter, consequential benefit of conferment of work-charge status on completion of 8 years of service, the Division Bench of Tarlok Singh Chauhan and Virender Singh JJ., dismissed the State's petition and said that maternity leave is a fundamental right of the respondent, which cannot be denied. Read More
[State of H.P. v. Sita Devi, 2023 SCC OnLine HP 657]
KARNATAKA HIGH COURT
Married woman cannot claim breach of promise to marry: Karnataka High Court
While deliberating over the instant challenge to the registration of crime under Sections 498-A, 504, 507 and 417 of the Penal Code, 1860 against the petitioner, the Bench of M. Nagaprasanna, J.*, allowed the petition and held that since the complainant is already married, hence there can be no question of cheating on the breach of promise of marriage. Therefore, the said offence cannot be laid against the petitioner. The Court also held that merely because the petitioner had sent some money during time of complainant's need, it cannot be said that the petitioner has to maintain them without a legal bond between the complainant and the petitioner. Therefore, the offence under Section 498-A of Penal Code, 1860, which deals with dowry harassment and cruelty, is loosely laid against the petitioner. Read More
[Prajith R. v. X]
Karnataka HC takes strict note of Magistrates' callousness while permitting registration of FIRs in non-cognizable offences; Issues necessary guidelines
While considering the instant petition calling for records of a crime registered in KR Puram Police in the file of Additional Chief Metropolitan Magistrate, the Bench of M. Nagaprasanna, J.*, took strict note of the callous action on part the Magistrates in permitting registration of FIRs under Section 155, CrPC without application of mind. The Court was of the view that, “Permitting registration of a FIR cannot be a frolicsome act on the part of the Magistrate”. The Court strictly observed that despite regular emphasis, the Magistrates have not changed their attitude of passing callous orders granting permission, and sometimes it is done using just one word “permitted”; and that such attitude has contributed in generating huge litigations under Section 482 of CrPC and pendency of cases. Read More
[Vijesh Pillai v. State of Karnataka]
Non-consummation of marriage due to husband's spiritual inclinations is cruelty under Hindu Marriage Act and not S. 498-A of IPC: Karnataka High Court
While deciding the instant petition challenging the proceedings for offences under Section 498-A read with Section 34 of Penal Code, 1860 and Section 4 of Dowry Prohibition Act, 1961, the bench of M. Nagaprasanna, J.*, held that husband's unwillingness to physically consummate the marriage due to his spiritual inclination, would undoubtedly amount to cruelty due to non-consummation of marriage under Section 12(1)(a) of the Hindu Marriage Act, 1955 and not cruelty as defined under Section 498A of the Penal Code, 1860. Read More
[Aiyappa M.B. v. State of Karnataka, 2023 SCC OnLine Kar 30]
Squeezing enemy's testicles in a crowded village procession is not attempt to murder; Karnataka High Court modifies sentence
While deliberating over an appeal for setting aside of conviction and sentence under Sections 307, 341 and 504 of Penal Code, 1860 passed by the Sessions Court against the accused-appellant for squeezing the victim's testicles during a quarrel, the Bench of K. Natarajan, J.*, modified the sentence holding that previous enemity between the parties, which led to eventual squeezing of the victim's testicles during a crowded procession in presence of large number of villagers, does not come under the category of attempt to commit murder. The accused-appellant's actions falls under the category of grievous hurt under Section 325 of Penal Code, 1860. Read More
[Parmeshwarappa v. State]
KERALA HIGH COURT
Kerala High Court grants anticipatory bail to Congress MP K. Sudhakaran in Cheating Case
In an application under Section 438 of Criminal Procedure Code, 1973 (‘CrPC') seeking anticipatory bail for Indian National Congress leader and Member of Parliament, K. Sudhakaran for the offence under 420 of the Penal Code, Ziyad Rahman A.A., J. granted anticipatory bail to the Sudhakaran. Read More
[K. Sudhakaran v. State of Kerala]
A mother may be morally bad in societal sense, but may be good for child's welfare: Kerala High Court
In a petition filed at the instance of a mother challenging order passed by Family Court allowing custody of minor child to the father, the Division Bench of A. Muhamed Mustaque and Sophy Thomas, JJ. found cyclical custody to be in the best interest of both child and parents. Read More
[Aneesa F. v. Shefeekmon K.I]
[Safe Kerala Project] Kerala High Court directs govt. to halt payment for AI Camera deal until further orders
In a petition by two Congress leaders primarily seeking stay on the implementation of fully Automated Traffic enforcement system for Safe Kerala by levying fine on the public, S.V.N. Bhatti, C.J. and Basant Balaji, JJ. directed the respondents not to make any payment under annuity until further orders of the Court. Read More
[V.D. Satheesan MLA v. State of Kerala]
Life imprisonment under Sec 376, IPC a greater punishment in accordance with Sec 42 of POCSO Act: Kerala High Court
In suo motu proceedings against order dated 10-07-2019 challenging the accused's conviction and sentence for offences punishable under Section 376 of Penal Code, 1860 (‘IPC') and Section 4 of Protection of Children from Sexual Offences Act, 2012 (‘POCSO Act'), the Division Bench of P.B. Suresh Kumar and C.S. Sudha, JJ. clarified that punishment of life imprisonment was greater punishment under IPC. Read More
[Suo Motu proceedings v. State of Kerala]
Kerala High Court dismisses habeas corpus by boyfriend after girl denies illegal detention by parents
In a petition seeking a writ of Habeas Corpus directing respondent 1 and 2 to produce the detenue before the Court and to release her from the illegal detention, the Division Bench of P.B. Suresh Kumar and C.S. Sudha JJ., dismissed the petition as there was no illegal detention. Read More
[Mohammed Noufal v. Superintendent of Police]
Kerala HC upholds KAT's order directing PSC to consider trans-woman's application for post of female Housekeeper
In a petition filed under Article 226 and 227 of Constitution of India primarily seeking to set aside order dated 24-01-2023 passed by Kerala Administrative Tribunal (‘the Tribunal') which directed the Kerala Public Service Commission (‘Commission') to allow a trans woman to submit application for the post of House Keeper (Female) in the Homeopathic Medical College, the Division Bench of Alexander Thomas and C. Jayachandran, JJ. refused to interfere with the order passed by the Tribunal and also appreciated Commission's claim to be heard by the Tribunal before the impugned order was passed. Read More
[Kerala Public Service Commission v. Aneera Kabeer]
MADHYA PRADESH HIGH COURT
Madhya Pradesh High Court quashes FIR lodged under Section 377 IPC against Former Minister Raghavji
A single judge bench comprise of Sanjay Dwivedi,* J., held that held that an FIR can be quashed if there are feeble chances of ultimate conviction and no useful purpose is likely to serve by allowing such prosecution to continue and quashed FIR lodged under S. 377 of the Penal Code, 1860 (IPC) against the petitioner, Raghavji. Read More
[Raghavji v. State of M.P., 2023 SCC OnLine MP 1633]
Allegations in FIR against rape accused cannot be considered as abetment of suicide: Madhya Pradesh High Court
In a matter related to abetment of suicide punishable under S. 306 of the Penal Code, 1860 (IPC), a single bench comprising of Deepak Kumar Agarwal, J., held that the present case does not fall under any of the 3 categories as enumerated under S. 107 of the IPC, therefore, the petitioner cannot be held liable for the abetment of suicide of the rape accused. The Court opined that the act of the petitioner of registering FIR against the accused-deceased cannot be considered as “Abetment of suicide”. Read More
[Shubham v. State of M.P.]
MADRAS HIGH COURT
Read why Madras High Court denied relief to Tamil writer Aarur Tamilnadan claiming ‘Enthiran' movie infringing his story published in 1996
In a civil suit declaring that the film “Enthiran” is the infringing copy of the Aarur Tamilnadan's story “Jugiba” and to direct S. Sankar to pay a sum of Rs.1,00,00,000/- to him, as damages, S Sounthar, J. has dismissed the suit and reiterated that copyright cannot be claimed over an idea or a concept. Further, directed Aarur Tamilnadan to pay the cost of suit to S. Sankar. Read More
[Aarur Tamilnadan v. S. Sankar, 2023 SCC OnLine Mad 3930]
[Senthil Balaji Defamation case] Madras High Court directs YouTuber Savukku to pay Rs. 1 Lakhs to TNSLSA
In an applications filed by Tamil Nadu Minister V.Senthil Balaji seeking to initiate action against the YouTuber Savukku Shankar under the provisions of Order 39 Rule 2-A of the Code of Civil Procedure, 1908 (‘CPC') as he had violated the order of interim injunction passed by the Court, wherein the Court has restrained him from making any derogatory statements and videos against Senthil Balaji, K. Kumaresh Babu, J. directed Savukku to pay Rs.1 Lakh to the Tamil Nadu State Legal Services Authority. Read More
[V. Senthil Balaji v. A Shankar]
Madras High Court refuses to grant interim injunction against Savukku from making defamatory statements against Senthil Balaji
In an application filed by Tamil Nadu Electricity, Prohibition and Excise Minister V Senthil Balaji, to grant an order of ad interim injunction restraining Savukku Shankar from making any defamatory and scandalous statements and videos against Senthil Balaji, K. Kumaresh Babu, J. refused to grant interim injunction, as sufficient damage had already been caused and there would be no purpose in directing Savukku to delete the videos and tweets uploaded on YouTube and Twitter against Senthil Balaji. Thus, the Court rejected the present application and vacated the interim order dated 23-08-2022. Read More
[V. Senthil Balaji v. A Shankar]
MEGHALAYA HIGH COURT
‘16-year-old girl capable of making conscious decision for her well-being'; Meghalaya HC quashes POCSO proceedings against boyfriend
In a criminal petition filed under Section 482 of Code of Criminal Procedure, 1973 (‘CrPC') to set aside and quash the entire proceedings of the Special (POCSO) Case against the petitioner/accused for offences under Sections 3(a) and 4 of the Protection of Children from Sexual Offences Act, 2012 (‘POCSO Act, 2012'), the Single Judge Bench of W. Diengdoh J., allowed the petition and quashed the First Information Report (‘FIR') registered against the accused and the proceedings of the Special POSCO case. Read More
[John Franklin Shylla v. State of Meghalaya]
Meghalaya HC grants bail to person accused of offence under NDPS Act
In a bail application, wherein the applicant was seeking grant of bail under Section 439 of Code of Criminal Procedure, 1973 (‘Cr.PC') for offence under the Narcotic Drugs and Psychotropic Substances Act, 1985 (‘NDPS Act'), the Single Judge Bench of W. Diengdoh, J., allowed the application and released the applicant on bail. Read More
[Jopbenik Siangshai v. State of Meghalaya]
PUNJAB AND HARYANA HIGH COURT
Punjab and Haryana High Court grants interim bail to Punjab IAS Sanjay Popli on son's first death anniversary
The Punjab IAS Officer Sanjay Popli has been granted interim bail of 6 days by Pankaj Jain, J. to attend the first death anniversary of their son. IAS Popli has been in custody since 28-06-2022, booked for offences under Sections 7 and 7-A of Prevention of Corruption Act, 1988. Read More
[Sanjay Popli v. State of Punjab]
