ALLAHABAD HIGH COURT
[Appointment of Archaka] Person of any caste can be appointed, provided he is well-versed in Agamas: Madras HC reiterates
In a writ petition filed against the advertisement issued by Assistant Commissioner and the Executive Officer of Sri Sugavaneswarar Swamy Temple, calling for applications to fill up the position of Archakas/Sthanikam at Sri Sugavaneswarar Swamy Temple, N. Anand Venkatesh, J. reiterated that in the matter of appointment of an Archaka, the rule of next-in-line of succession cannot be insisted. Thus, any person belonging to any caste or creed can be appointed as an Archaka provided he is a well-versed and an accomplished person in the Agamas and rituals necessary to be performed in a temple.
[Muthu Subramania Gurukkal v. The Commissioner]
[Adipurush Controversy]: Will I&B Ministry take steps in public interest by invoking revisional power under Cinematograph Act; Allahabad High Court asks Centre
In a public interest litigation against the movie ‘Adipurush’ the division bench of Rajesh Singh Chauhan and Shree Prakash Singh, JJ. has granted the Deputy Solicitor General of India (‘DSGI’) 24 hours’ time to seek complete instructions. Further, it said that while producing complete instructions, he shall also apprise the Court as to whether Ministry of Information and Broadcasting (‘Ministry’) is considering taking appropriate steps in the interest of public at large by invoking its revisional power under Section 6 of the Cinematograph Act, 1952.
[Kuldeep Tiwari v UOI]
Whether bar contained under S. 80 of Arbitration Act in selection of forum for arbitration applicable to MSMED Act? Allahabad HC answers
In a writ petition filed against the order passed by U.P. State Micro and Small Enterprises Facilitation Council (‘Council’), whereby the Council decided that, in view of Section 18(3) of the Micro, Small and Medium Enterprises Development Act, 2006 (‘MSMED Act, 2006’), the Council itself will arbitrate the dispute in between the petitioner (Bata India) and respondent (AVS International), the division bench of Mahesh Chandra Tripathi and Manjive Shukla*, JJ. has reiterated that in the event of conciliation proceedings being carried out by the Council fails, the Council itself can proceed to arbitrate the dispute between the parties and the prohibition contained in Section 80 of the Arbitration and Conciliation Act, 1996 (‘A&C Act’) will have no application in exercise of the said discretion by the Council.
[Bata India Limited v U.P. State Micro and Small Enterprise Facilitation Council]
[Explained] Allahabad High Court verdict in Inter -Religion Live-in Couple’s Protection Plea
In a writ petition relating to a live-in relationship, the division bench of Sangeeta Chandra and Narendra Kumar Johari, JJ. has said that writ jurisdiction being extraordinary jurisdiction is not made to resolve such type of dispute between two private parties. This is a social problem which can be uprooted socially and not by the intervention of the Court in the garb of violation of Article 21 of the Constitution of India, unless harassment is established beyond doubt.
[Kiran Rawat v. State of U.P., 2023 SCC OnLine All 323]
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.
[Maulana Syed Mohd. Shabibul Husaini v. State of U.P., 2023 SCC OnLine All 237]
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.
[Kundan Yadav v. State of U.P., 2023 SCC OnLine All 233]
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.
[Aarfa Bano v. State of U.P., 2023 SCC OnLine All 231]
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.
[Mohd. Zaid v. State of U.P., 2023 SCC OnLine All 230]
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.
[Asharam v. State of U.P., 2023 SCC OnLine All 215]
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.
[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.
[Anjuman Intezamia Masajid v. Rakhi Singh, 2023 SCC OnLine All 208]
Allahabad High Court puts interim stay on telecast of Al Jazeera documentary ‘India: Who lit the Fuse’
In a Public Interest Litigation (‘PIL’), filed by a social activist to restrain Al Jazeera Media Network Private Ltd., a news channel based in Doha (Qatar) having presence in India, from telecasting/broadcasting/releasing in India the film/documentary titled as “India: Who lit the Fuse?” (‘Film’), the division bench of Ashwani Kumar Mishra and Ashutosh Srivastava, JJ. after considering the evil consequences that are likely to occur on the telecast/broadcast of film, the Court viewed that the broadcast/telecast of the film be deferred, pending consideration of the cause in the present petition.
[Sudhir Kumar v. Union of India, 2023 SCC OnLine All 272]
Read why Allahabad High Court refused to transfer investigation to CBI in Gangster Sanjeev Maheshwari Jeeva murder case
In a Public Interest Litigation (‘PIL’), expressing concern about the shooting of Gangster Sanjeev Maheshwari Jeeva, who was under-trial and was murdered during Court hours, allegedly just in front of the Court room, the division bench of Devendra Kumar Upadhyaya and Jaspreet Singh, JJ. after noting that the incident had occurred on 07-06-2023 and a First Information Report (‘FIR’) in relation to the said incident was lodged on the same day and a Special Investigation Team has been constituted which comprises of higher-level Police Officers, said that there is no reason, at this juncture, to believe that investigation of the reported crime will not proceed appropriately and in the right direction. Thus, disposed of the petition.
[Moti Lal Yadav v. State of U.P., 2023 SCC OnLine All 256]
Allahabad High Court refuses to quash FIR against Youth Congress leader over his ‘love affair’ remark against Modi and Adani
In a writ petition filed by the Secretary of UP Youth Congress, Sachin Chaudhary, seeking quashing of First Information Report (‘FIR’) for the offences under Sections 153-A, 505(2), 504 of the Penal Code, 1860 (‘IPC’), the division bench of Anjani Kumar Mishra and Nand Prabha Shukla, JJ. refused to quash the FIR filed against him over his alleged remark concerning to the “love affair” between the Prime Minister of India, Narendra Modi and Founder of Adani Group, Gautam Adani.
[Sachin Chaudhary v. State of U.P., 2023 SCC OnLine All 284]
Read why Allahabad High Court directed Trial Court to provide legible copies as per S.207 CrPC to Congress MP Randeep Singh Surjewala
In a petition filed by Indian politician Randeep Singh Surjewala, as his application for providing legible copy of the chargesheet including the documents relied upon in compliance of the provisions of Section 207 of the Code of Criminal Procedure, 1973 (‘CrPC’), has been rejected by the court concerned, Vikram D. Chauhan, J. directed the Trial Court to provide the copy of all the legible documents as per Section 207 CrPC within seven days to Randeep Singh Surjewala. Further, allowed him to file discharge application within the next seven days.
[Randeep Singh Surjewala v State of UP]
Custody cannot be determined by weighing economic circumstances of parties; Allahabad High Court grants custody to father
In a habeas corpus petition filed by the mother to handover the custody of her minor children and to issue directions to the respondents for making necessary provisions for interaction and conversations between the mother and the minor children immediately and during pendency of the present writ petition by mode of voice and video calls, Shamim Ahmed, J. said that as the mother herself had consented for admission of the children in India, it is clear that the mother was well aware of the custody of children, who are with their father in India, thus it cannot be said that it was an illegal custody / detention.
[Mirah Pandey v. State of U.P., 2023 SCC OnLine All 240]
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.
[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.
[Rajesh Kumar v. State of U.P., 2023 SCC OnLine All 293]
BOMBAY HIGH COURT
[Stay on Look Out Circular] Bombay High Court reprimands party for finalizing itineraries before seeking Court’s leave
In a petition seeking stay on Look Out Circular (‘LOC’) restricting the petitioner to travel abroad, the division bench of G.S. Patel and Neela Gokhale, JJ., allowed the petitioner to travel overseas and reprimanded for finalizing itineraries before seeking leave of the Court.
[Sanjay Dangi v. Union of India]
[Assault on Advocates] Bombay High Court directs transfer of complaint from Antop Hill to Matunga Police Station
In a Criminal Writ Petition wherein, the petitioners being practicing Advocates made serious allegations against the Police Officers of Mumbai’s Antop Hill Police Station, the Division Bench of Gauri Godse and Revati Mohite Dere, JJ. directed the officers in Charge at Matunga Police Station to conduct an impartial police investigation in the instant matter.
[Sadhana O. Yadav v. Nasir Kulkarni, 2023 SCC OnLine Bom 1233]
Excise Commissioner was duty bound to cancel liquor license for sale of IMFL on application of Legal Heirs: Bombay HC
In a writ petition filed challenging the order of the Commissioner of Excise wherein, a liquor license for the retail sale of India made Foreign Liquor (‘IMFL’) and Country Liquor (‘CL’) for consumption was cancelled, a Single Judge Bench of Bharat P. Deshpande J., rejected the petition as the transfer of liquor licence was at the discretion of the authority concerned
[Dattaram Govind Naik v. State of Goa, Writ Petition No. 245 of 2020]
[Poshan Abhiyan] Bombay High Court reprimands Government for delay in providing functional smartphones to Anganwadi workers
In a writ petition filed by the Anganwadi Karmachari Sanghatana seeking replacement of non-functional handsets with smart phones compatible with the Poshan Tracker app, the Division Bench of G.S. Patel and Neela Gokhale, JJ., reprimanded the Government for the delay and advised them to prioritize the matter.
[Anganwadi Karmachari Sanghatana v. ICDS Commissionerate, 2023 SCC OnLine Bom 1234]
[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.
[Shemaroo Entertainment Ltd. v. Super Cassettes Industries (P) Ltd., 2023 SCC OnLine Bom 1148]
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.
[Indian Express (P) Ltd. v. Unmesh Padmakar Gujarathi, 2023 SCC OnLine Bom 1147]
[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.
[Serum Institute of India (P) Ltd. v. Yohan Tengra, 2023 SCC OnLine Bom 1093]
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.
[Irfan Moiuddeen Saiyyed v. State of Maharashtra, 2023 SCC OnLine Bom 983]
[Loan Disbursement] If one signing authority exonerated; the other cannot be held liable: Bombay High Court
In a writ seeking to quash and set aside order dated 14-1-2016 passed in Revision Application under Section 154 of Maharashtra Co-operative Societies, Act 1960 (1960 Act), which exonerated culpability and liability of member of Managing Committee of the Society for loan disbursement of a person who was not a member of the Police Department, Milind N. Jadhav, J. upheld the Revisional Authority’s order and said that the entire Managing Committee must be held liable and not the member who appended his signature on the cheque.
[Brihanmumbai Police Karmachari Sahakari Pat Sanstha Maryadit v. State of Maharashtra, 2023 SCC OnLine Bom 1176]
Bombay High Court refuses relief to Atomberg Technologies for its alleged infringement of fan design of Renesa Ceiling fan
A suit was filed by Atomberg Technologies Private Limited (plaintiff) seeking interim reliefs in the context of its registered design of ceiling fan named Atomberg Renesa Ceiling Fan challenging the registration of Luker Electric Technologies Private Limited (defendant’s) fan design. Manish Pitale, J., held that the plaintiff has failed to make out its case for claiming infringement of its proprietary rights and the plaintiff has not been able to make out that ‘something more’, as required under law, to successfully claim interim reliefs against the defendants, even on the aspect of passing off.
[Atomberg Technologies (P) Ltd. v. Luker Electric Technologies (P) Ltd., 2023 SCC OnLine Bom 1151]
Bombay High Court questions State regulations debarring non-science 10th student from pursuing 12th in science stream.
In a writ petition filed by a 17-year-old student whose educational career and future allegedly suffered due to Maharashtra State Board of Secondary and Higher Education (‘the Board’) and Gargi Junior College debarring him while refusing to issue marksheet for Class 12 Science stream, just because he completed his Class 10 without science subjects, the Division Bench of G.S. Patel* and Neela Gokhale, JJ. granted ad-interim relief to the petitioner and directed the authorities to issue the marksheet and certificate for Class 12 HSC Examination 2023.
[Krish Rajendra Chordiya v. State of Maharashtra, 2023 SCC OnLine Bom 1157]
“Animals cannot speak, but they have emotions and feelings akin to humans”; Bombay High Court refuses custody of seized cattle to owners
In twin writ petitions filed under Article 227 of Constitution of India challenging order dated 23-8-2022 passed by Additional Sessions Judge dismissing revision applications against rejection of handing over custody of seized animals for offences punishable under Section 11(1)(d) of the Prevention of Cruelty to Animals Act, 1960 (1960 Act), Sections 66 and 192 of the Motor Vehicles Act, 1988 (MV Act), G.A. Sanap, J. dismissed the instant petition while directing the authorities to keep a check on maintenance, upkeep and protection of the animals while being in interim custody of Maa Foundation Goushala.
[Ansar Ahmad v. State of Maharashtra, 2023 SCC OnLine Bom 1123]
JJ Act recognises a Single Parent to be eligible for being an Adoptive Parent; Bombay High Court allows single working women to Adopt a Child
While hearing a civil revision application filed by a prospective adoptive parent (‘applicant’) and biological parents of a minor child under Section 102 of the Juvenile Justice (Care and Protection of Children) Act 2015, (‘the JJ Act’) challenging the Order of the District Court, Bhusawal, wherein the application for the adoption of the minor child was rejected, the Single Judge Bench of Gauri Godse J., allowed the applicants revision application and allowed the Single prospective adoptive parent to adopt the minor child.
[Shabnamjahan v. State of Maharashtra, 2023 SCC OnLine Bom 790]
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.
[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.
[SS Hemani v. RBI, 2023 SCC OnLine Bom 1226]
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.
[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.
[Sunflag Iron & Steel Co. Ltd. v. J. Poonamchand, 2023 SCC OnLine Bom 1214]
CALCUTTA HIGH COURT
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.
[Susanta Chakraborty v. Dey’s Construction, 2023 SCC OnLine Cal 1045]
Income Tax| Power of reopening of assessment should be sparingly used for adequate reason: Calcutta High Court
A Division Bench comprising of T.S. Sivagnanam*, CJ., and Hiranmay Bhattacharyya, J., held that the opportunity afforded the petitioner at the first instance to file reply to the Show Cause Notice was not an effective opportunity, therefore, there was a violation of principles of natural justice.
[Pramod Kumar Madhogarhia v. Union of India, 2023 SCC OnLine Cal 1244]
“Only ex facie invalidity of an agreement can be a ground for refusal of reference”; Calcutta High Court allows Section 11 application
While allowing the present application preferred under S. 11 of the Arbitration and Conciliation Act, 1996 (the Act, 1996) for the appointment of the arbitrators, a single bench comprising of Sabyasachi Bhattacharyya,* J., held that the existence of an arbitral clause in the MOU entered into between the parties, left no scope of refusal to refer the matter to arbitration before this Court.
[Chandan Chatterjee v. Gita Sundararaman, 2023 SCC OnLine Cal 1407]
Look out Circulars not to be issued in absence of acceptable apprehension: Calcutta High Court
A single bench comprising of Moushumi Bhattacharya*, J., held that banks cannot issue LOC in an indiscriminate manner just because few persons have defrauded and fled from India.
[Mannoj Kumar Jain v. Union of India, 2023 SCC OnLine Cal 1442]
[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.
[Faizan Mohd. Zafar v. State of W.B., 2023 SCC OnLine Cal 1536]
DELHI HIGH COURT
[Custodial Death] Delhi High Court upholds conviction of police officers for causing death of a 26-year-old boy accused of robbery
The appeals were filed by appellants challenging the judgment of conviction against accused 1 for offences under Sections 365, 34 Penal Code, 1860 (IPC), dated 14-03-2019 passed by the ASJ, Shahdara, Karkardooma Courts, against police officers (accused(s) 2, 4, 5, 6 and 7) for offences punishable under Sections 365, 304, 220, 167 and 34 IPC, acquitting the police officer (accused 3). A Division Bench of Mukta Gupta and Anish Dayal, JJ., upheld the conviction against accused 2, 4, 5, 6 and 7 and held that the Trial Court rightly acquitted the accused 4.
[Pradeep Kumar v. State of UP]
‘Not rarest of rare case’; Delhi High Court commutes death sentence of man for kidnapping and murder of 12-year-old
In a case wherein, the Trial Court had submitted its order on sentence for confirmation of death sentence awarded to the appellant, pursuant to the judgment wherein the appellant was held guilty for offences punishable under Sections 364-A, 302, 201 and 506 of the Penal Code, 1860 (‘IPC’), and parallelly, the appellant had also challenged the said judgment of the Trial Court; the Division Bench of Mukta Gupta* and Anish Dayal, JJ., opined that the present case did not fall in the category of ‘rarest of rare cases’ and it was not a case where reformation of the appellant was not possible. This Court further opined that the sentence of imprisonment of life with no remission till 20 years would be the appropriate sentence. Thus, this Court modified the sentence of the appellant to rigorous imprisonment for life with no remission till 20 years and to pay a fine of Rs. 1 lakh.
[Jeevak Nagpal v. State]
No prejudice shall be caused on account of transfer of cases to Central Circle; Delhi High Court upholds transfer of Income Tax assessment of Sanjay Gandhi Memorial Trust, Aam Aadmi Party
A petition was filed by five Charitable trusts viz. Sanjay Gandhi Memorial Trust, Jawahar Bhawan Trust, Rajiv Gandhi Foundation, Rajiv Gandhi Charitable Trust, Young India as well as three individuals viz. Mrs. Sonia Gandhi, Mr. Rahul Gandhi, Mrs. Priyanka Gandhi Vadra, and a political party – Aam Aadmi Party (AAP), (petitioners) challenging the transfer orders passed under Section 127 of Income Tax Act, 1961 whereby the jurisdiction of the petitioners have been transferred from Exemption Circle (in cases of Trusts) and ACIT Circle 52(1) (in cases of individuals) to DCIT Central Circle-27 and in the case of Aam Aadmi Party from Exemption Circle to DCIT, Central Circle -03. All the Income Tax Officers, transferors, and transferees are located within the same city, namely, Delhi. Manmohan and Dinesh Kumar Sharma, JJ., held that assessments of the petitioners have been transferred to the Central Circle in accordance with law.
[Sanjay Gandhi Memorial Trust v. CIT, 2023 SCC OnLine Del 3161]
Delhi High Court suspends 10-year sentence of a Zimbabwean lady in a narcotics case due to lack of compliance of provisions
In a case wherein an application was filed seeking regular suspension of sentence of 10 years rigorous imprisonment with a fine of Rs. 1 lakhs for the offence punishable under Sections 22(c) and 23(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (‘NDPS Act’), a Single Judge Bench of Anish Dayal, J.*, noted that there had been alleged “non-compliance” of Standing Orders of the Narcotics Control Bureau (‘NCB’) on the “manner of sampling of narcotics” and thus, suspended the 10-year sentence of a Zimbabwean lady, who had already undergone around five years in custody.
[Betty Rame v. Narcotics Control Bureau, 2023 SCC OnLine Del 3279]
[Gang Rape] Delhi High Court modifies sentence of five men involved in kidnapping, abduction, and gang rape; awards life imprisonment
The Division Bench of Mukta Gupta and Poonam A. Bamba*, JJ., opined that the accused persons had failed to demonstrate any illegality in the impugned judgment convicting them for the offences they were charged with. Thus, the Court after considering the background of the accused persons, strata of society they belong to, their age and that they (except appellant Accused 1) were the first-time offenders and had expressed remorse, opined that for the offence punishable under Section 376(D) of the Penal Code, 1860 (‘IPC’), life imprisonment should meet the ends of justice. Thus, accused persons sentence of imprisonment under Section 376(D) of the IPC was modified from “life for the remainder of convicts’ natural life” to “life imprisonment”.
[Aman v. State]
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.
[Kuldeep Kumar v. State (NCT of Delhi), 2023 SCC OnLine Del 3588]
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.
[Uno Minda Ltd. v. Revenue Department, 2023 SCC OnLine Del 3598]
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.
[Akbar Travel & Tours v. Union of India, 2023 SCC OnLine Del 3565]
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.
[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.
[Sudhar Sabha Consumer Coop. Store Ltd. v. Delhi Consumer Coop. Wholesale Store Ltd., 2023 SCC OnLine Del 3457]
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.
[New Balance Athletics Inc. v. New Balance Immigration (P) Ltd., 2023 SCC OnLine Del 3529]
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.
[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.
[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.
[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.
[SK v. Union of India, 2023 SCC OnLine Del 3544]
‘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.
[Tarun Kumar v. Happy Hours School, 2023 SCC OnLine Del 3363]
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.
[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.
[Kal Airways (P) Ltd. v. Spicejet Ltd., 2023 SCC OnLine Del 3348]
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.
[Bennet v. E! Entertainment Television LLC, 2023 SCC OnLine Del 3339]
[NUTELLA/KINDER v. KINDTELLA] Delhi High Court restrains Kamco Chew Foods from using marks ‘COKOTELLA’, ‘KINDTELLA’ and ‘MYTELLA’
A Single Judge Bench of C. Hari Shankar, J.* noted that the manner of representation of the label with the defendants’ impugned product, where the unique manner of representation with first letter in black and the rest of the letters in the word in red colour was identical to the plaintiff’s product and thus, opined that a prima facie case of infringement and passing off was made out and therefore, till the next date of hearing, the Court restrained the defendants from manufacturing, marketing, making available for sale, selling, and dealing in any manner whatsoever in the impugned products i.e., impugned products, ‘COKOTELLA’, ‘KINDTELLA’ and ‘MYTELLA’ or any other deceptively similar mark or product not emanating from the plaintiffs’ or their authorized distributors and having identical or deceptively similar features of the plaintiffs’ trademarks NUTELLA and KINDER.
[Ferrero SPA v. Kamco Chew Food (P) Ltd., 2023 SCC OnLine Del 3625]
Pruning of trees not permitted in Delhi except in accordance with Delhi Preservation of Trees Act: Delhi High Court
A Single Judge Bench of Najmi Waziri, J.* observed that under the Delhi Preservation of Trees Act, 1994 (‘DPT Act’), there was no sanction for the 15.7 cms girth of a tree branch to be cut and thus opined that this figure was incongruous with the statutory requirements as mandated under Sections 8 and 9 of the DPT Act. The Court further had set aside the Guidelines for Pruning of Trees dated 1-10-2019 (‘Guidelines’) that permitted regular pruning of branches of trees with girth up to 15.7 cm without specific prior permission of the Tree Officer. Lastly, the Court had held that no pruning of trees would be permitted in Delhi except in accordance with the DPT Act.
[Sanjeev Bagai v. State (NCT of Delhi), 2023 SCC OnLine Del 3627]
Dragging a child in litigation driven by commercial interest between two competing coaching institutions cannot be permitted; Delhi High Court refuses relief to Fitjee Limited
A suit was filed by Fitjee Limited (plaintiff), seeking a declaration, permanent and mandatory injunction declaring that defendant 6 has excelled in the Joint Entrance Examination (Main) 2023 (“JEE Mains”) due to the coaching imparted by the plaintiff from May 2019 to October 2022. Chandra Dhari Singh, J., refuses relief to the plaintiff as prayed as there is only an apprehension that the defendants may claim the credit without any substantial and strong case presented on behalf of the plaintiff.
[Fiitjee Ltd. v. Allen Education & Management Services (P) Ltd., 2023 SCC OnLine Del 3608]
Delhi High Court sets aside arbitral award passed by Arbitrator having de jure inability to pass the award
A petition was filed by Man Industries (India) Limited (petitioner) under Section 34 of the Arbitration and Conciliation Act, 1996 challenging the Arbitral Award dated 03-02-2018 passed by the Sole Arbitrator adjudicating the disputes that had arisen between the parties in relation to the Purchase Order dated 08-08-2013 placed by Indian Oil Corporation Limited, (‘respondent’) on the petitioner for line pipes for debottlenecking Salya-Mathura Pipeline. Navin Chawla, J., sets aside the award and held that the Arbitrator was de jure ineligible to act as such and the Award passed by the learned Arbitrator is void and unenforceable.
[Man Industries (India) Ltd. v. Indian Oil Corpn. Ltd., 2023 SCC OnLine Del 3537]
Delhi High Court enhances compensation from Rs 50,000 to Rs. 1,50,000 for illegal termination of ‘workman’
A petition was filed under Article 226 by the National Institute of Immunology (petitioner) assailing the validity of the award dated 09-12-2002 (‘impugned award’) passed by the Labour Court, adjudicated the terms of reference in favour of the workman holding that the National Institute of Immunology (‘management’) illegally terminated the service of the workman, thereby granting a lumpsum compensation of Rs.50,000. Gaurang Kanth, J., modified the award passed by Labour Court from Rs 50,000 to 1,50,000 to meet the ends of justice as the termination was illegal being in violation of Section 25-F of Industrial Disputes Act, 1947.
[National Institute of Immunology v Vinod Kumar Gupta, 2023 SCC OnLine Del 3557]
Delhi High Court grants anticipatory bail to nephew and brother of Director of M3M India in PMLA Case
In a case wherein the applicant had approached this Court seeking anticipatory bail since the applicant apprehended his arrest in connection with a Enforcement Case Information Report (‘ECIR) registered by the Enforcement Directorate (‘ED’) under Sections 3 and 4 of the Prevention of Money Laundering Act, 2002 (‘PMLA Act’), a Single Judge Bench of Chandra Dhari Singh, J.* noted that the applicant had not yet been implicated in any Scheduled Offences as provided under the PMLA and in fact, the ECIR did not even find mention of the name of the applicant or any of the M3M Companies.
[Pankaj Bansal v. State (NCT of Delhi), 2023 SCC OnLine Del 3590]
[Kent Cables v. Kent RO] Delhi High Court permanently restrains Kent RO from selling fans under ‘KENT’ mark
A Single Judge Bench of Jyoti Singh, J.* opined that permitting Kent RO Systems Ltd. (‘Kent RO’), who had not been in the business of fans, to launch fans at this stage would prima facie lead to confusion amongst the potential customers of fans apart from diverting the clientele of Kent Cables (P) Ltd. (‘Kent Cables’) and causing loss and injury and the confusion would be pronounced by the use of identical trade mark ‘KENT’ by rival parties. Thus, the Court permanently restrained Kent RO from manufacturing and selling fans under ‘KENT’ mark and dismissed the application filed by Kent RO for restraining Kent Cables from selling fans.
[Kent Cables (P) Ltd. v. Kent RO Systems Ltd., 2023 SCC OnLine Del 3288]
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.
[Vipin Mittal v. National Investigating Agency, 2023 SCC OnLine Del 3270]
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.
[Rahul Lunia v. State (NCT of Delhi), 2023 SCC OnLine Del 3641]
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.
[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.
[Directorate of Revenue Intelligence v. Nitish Kumar, 2023 SCC OnLine Dis Crt (Del) 11]
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.
[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.
[Navaidkhan v. Registrar of Trademarks Office, 2023 SCC OnLine Del 3273]
GAUHATI HIGH COURT
Gauhati HC directs the State of Assam to expediate the process of constituting a Transgender Welfare Board
The Division Bench of Sandeep Mehta, C.J., and Devashis Barauh, J., taking note of the sanction letter dated 26-06-2023, whereby an amount of Rs. 6,00,000 has been sanctioned as grant-in-aid for setting up the Office of the Transgender Welfare Board, directed the State of Assam to expedite the process of constituting the Board as per the guidelines of Assam State Policy for Transgender Persons, Clause 7.3.3 and to complete the same within next 6 weeks. The Court further directed the senior Additional Government Advocate to take instructions regarding setting up of the Transgender Protection Cell.
[All Assam Transgender Association v. State of Assam]
“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.
[Neizevolie Kuotsu v. State of Nagaland, 2023 SCC OnLine Gau 2070]
Gauhati HC answers whether extraordinary jurisdiction under Art 226 of the Constitution can be invoked for trivial causes
While dismissing a writ petition filed for reassessment of the Assam High School Board Examination, a Single Judge Bench of Sanjay Kumar Medhi J. opined that the extraordinary jurisdiction under Article 226 of the Constitution cannot be invoked for resolution of each and every dispute.
[Hilal Udin Tapadar v. State of Assam, 2023 SCC OnLine Gau 1889]
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.
[XXXX v. State of Assam, 2023 SCC OnLine Gau 2198]
GUJARAT HIGH COURT
Reasonable and Adequate opportunity required to file reply to Income Tax Notice; Gujarat HC quashes Assessment Order
In a petition filed under Article 226 of the Constitution of India, wherein the petitioner was seeking to quash and set aside the impugned assessment order of the Income Tax Officer (‘respondent’) and direct the respondent to pass the fresh assessment order, the Division Bench of Vipul M. Pancholi* and Devan M. Desai, JJ., allowed the petition and quashed the impugned order as adequate opportunity was not given to the petitioner for filing a complete reply and that it was difficult for the petitioner to submit a complete reply to the respondent within the period of 12 hours.
[Dinesh kumar Chhaganbhai Nandani v. Income Tax Officer]
[Section 498-A] Gujarat HC quashes FIR against 86 years old mother-in-law
In a criminal application filed Section 482 of the Code of Criminal Procedure, 1973 (‘CrPC’), for quashing the First Information Report (‘FIR’) against the applicants for the offences punishable under Sections 498-A, 323 and 114 of the Penal Code, 1860 (‘IPC’) and Section 4 of the Dowry Prohibition Act, 1961 (‘the Act’), the Single Judge Bench of Sandeep N. Bhatt, J., allowed the application and quashed the FIR filed against the applicants.
[Jayantilal Vadilal Shah v. State of Gujarat]
Inter-Faith Marriage by Major Daughter with her own Free Will; Gujarat HC rejects Habeas Corpus plea by Mother
In a Habeas Corpus petition filed by mother of a major daughter, the Division Bench of Umesh A. Trivedi and M.K. Thakker JJ., rejected the petition and said that the petitioner’s daughter is a major and entered into an inter-faith marriage with a person of her choice and not the choice of her parents.
[Manishaben Mukeshkumar Darji v. State of Gujarat, 2023 SCC OnLine Guj 1716]
Gujarat High Court quashes Order cancelling firm’s GST Registration for serving cryptic and vague Show Cause Notice
In a petition filed under Article 226 of the Constitution of India for the issuance of writ of certiorari or any other appropriate writ and quashing the order of the Assistant Commissioner, Chatak 19, Ahmedabad, whereby, the GST Registration Number of the petitioner’s firm was cancelled, a division Bench of Vipul M. Pancholi* and Devan M. Desai JJ., has set aside the said order as it was vague and does not provide any sufficient information.
[Sona Metals v. State of Gujarat, 2023 SCC OnLine Guj 1704]
Gujarat High Court issues Notice to State Government and Junagadh Municipal Corporation on plea Opposing Demolition of Dargahs
In a civil application filed under Article 226 of the Constitution of India, by a trustee of the Samasth Sunni Muslim Trust against the impugned notice of the Senior Town Planner, Junagadh Municipal Corporation, for removal of the illegal encroachment of the Dargah on public road which has existed for more than 100 years, the Single Judge Bench of Vaibhavi D. Nanavati, J., issued notice to the authorities concerned.
[Samasth Sunni Muslim Trust v. State of Gujarat, 2023 SCC OnLine Guj 1788]
Husband-Wife crossed point of ‘No Return’; Gujarat HC upholds Divorce on grounds of Desertion and Cruelty by Wife
While hearing an appeal filed by appellant-wife against the Judgment and Order of the Family Court, Gandhinagar, wherein divorce petition of the respondent-husband was allowed, the Division Bench of Ashutosh Shastri* and Divyesh A. Joshi, JJ., dismissed the appeal and upheld the Judgment of the Family Court, granting the decree of divorce.
[Dipti v. Pradhot Natvarbhai Vasaiya]
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.
[Payalben Mukeshbhai Zanzavadiya v. State of Gujarat, 2023 SCC OnLine Guj 1635]
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.
[Anuradha Vikramsinh Rajput v. Gujarat Subordinate Services Selection Board, 2023 SCC OnLine Guj 1578]
Being an Indian citizen, he made all attempts to destabilize peace in the society by making derogatory posts against PM Modi’; Gujarat HC denies bail
In an application under Section 439 of the Code of Criminal Procedure, 1973, wherein the applicant was seeking regular bail for allegedly making derogatory posts on Facebook insulting Prime Minister Narendra Modi and his mother, the Single Judge Bench of Nirzar S. Desai, J., dismissed the application and said that that if such person is granted bail, there are all the chances that he may commit such offence once again by using another name and by creating fake IDs and a person may like or dislike any person, but it does not mean that he may start using derogatory and abusive language against Prime Minister of the Country and his late mother.
[Afsalbhai Kasambhai Lakhani v. State of Gujarat, 2023 SCC OnLine Guj 1732]
Gujarat High Court allows Termination of 20 weeks of Pregnancy of Minor Rape Survivor.
In a special criminal application, wherein the father (‘petitioner’) of 17-years-old minor rape survivor was seeking termination of pregnancy of over 20 weeks of his minor daughter, Single Judge Bench of Samir J. Dave, J., allowed for the medical termination of the pregnancy of the minor girl with all due care and precautions.
[XYZ Minor Victim v. State of Gujarat, 2023 SCC OnLine Guj 1661]
[Gujarat Wind-Solar Hybrid Power Policy] Gujarat HC issues Notice to Energy and Petrochemicals Department in Extension of Policy case
In a civil application by Distributed Solar Power Association (‘petitioner’), wherein the petitioner was seeking 52 days extension of the operative period of the Gujarat Wind-Solar Hybrid Power Policy, 2018 (‘policy’) which is set to expire on 19-06-2023, the Single Judge Bench of Vaibhavi D. Nanavati, J., issued notice to the Energy and Petrochemicals Department, Government of Gujarat.
[Distributed Solar Power Assn. v. State of Gujarat, 2023 SCC OnLine Guj 1660]
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.
[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.
[XXX v. State of Gujarat]
JHARKHAND HIGH COURT
Land Grab attempted on former Supreme Court Judge’s land; Jharkhand High Court takes suo motu cognizance
In furtherance of a newspaper report highlighting the failed attempt of land grabbers to capture the land of former Supreme Court Judge, Justice M.Y. Eqbal, the Division Bench of Shree Chandrashekhar and Ratnaker Bhengra, JJ. took suo motu cognizance of the matter eyeing at the increasing instances of land grabbing in the State, and directed the government and police officials to come up with specific data on land grabbing regarding number and nature of complaints, government meetings, etc.
[Court on its own motion v. State of Jharkhand]
4 months’ illegal detention by police; Jharkhand High Court directs State to pay compensation of Rs 5 lakhs
In a petition filed under Article 226 of Constitution of India seeking direction for State to pay compensation to petitioner for his illegal detention for 4 months for offences under Sections 376(D), 302, 201 and 34 of the Penal Code, 1860 (‘IPC’) and for institution of First Information Report (‘FIR’) against the erring police officials, Sanjay Kumar Dwivedi, J. directed the State to pay compensation of Rs 5 lakhs to the petitioner which may be recovered from the salary of the erring police officers.
[Ajit Kumar v. State of Jharkhand]
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.
[State of H.P. v. Sita Devi, 2023 SCC OnLine HP 657]
JAMMU AND KASHMIR AND LADAKH HIGH COURT
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 emphasized 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.
[Rahul Kumar v. State (UT of J&K), 2023 SCC OnLine J&K 323]
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.
[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.
[Ravi Kumar v. State (UT of J&K), 2023 SCC OnLine J&K 259]
KARNATAKA HIGH COURT
“Took copyright for granted”: Karnataka HC refuses to quash copyright violation case against Congress leaders for using songs of KGF- Chapter 2 without permission
In the instant petition challenging the registration of crime under Section 63 of the Copyright Act, 1957, Section 66 of the Information Technology Act, 2008 and Sections 120-B, 403, 465 and 34 of the Penal Code, 1860 against members of Indian National Congress for using popular songs from the film KGF Chapter-2 in the backdrop of the Bharat Jodo Yatra without any agreement/permission from the assignee, thereby violating copyright; the Bench of M. Nagaprasanna, J.*, rejected the petition holding that tampering the source code without permission and freely playing the audio would undoubtedly amount to infringement of copyright of the complainant. The Court further stated that the petitioners appeared to have taken the copyright of the complainant for granted and have tinkered and meddled with it; therefore, prima facie, all these factors become a matter of evidence which have to be “thrashed out by an investigation in the least”.
[Jairam Ramesh v. State of Karnataka]
[Suicide] | Educational institutions must recognise the malady of harsh discipline so that lives of young souls can be saved: Karnataka HC
In the instant case where a young student had committed suicide and as result the parents of the deceased child, had held the petitioners responsible for the same, the Bench of M. Nagaprasanna, J.*, rejected the petition seeking quashment of Magistrate’s order wherein he took cognizance of the offences punishable under Sections 305, 499 r/w 34 of Penal Code, 1860 against the petitioners. The Court took a prima facie view that the impugned order does not require Court’s interference under Section 482 of CrPC, as the deceased child was in communication with the school even up to 15 minutes before his death. Thus, there is proximity with the commission of suicide. Therefore, prima facie, the ingredients of Section 107 of Penal Code, 1860 are met, which would become an offence under Section 305 of Penal Code, 1860.
[Gauramma v. State of Karnataka]
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.
[Pramod RS v. State of Karnataka, 2023 SCC OnLine Kar 26]
Family Court can’t deny relief in cases of dissolution of marriage based on mutual consent, on the ground that spouses are living under same roof: Karnataka HC
The single Judge Bench of Krishna S. Dixit, J.*, tackled a scenario wherein the Family Court had denied the claim of an estranged couple for dissolution of their marriage on basis of mutual consent, on the ground that the spouses are residing under the same roof.
[Divya Ganesh Nallur v. Nil, 2023 SCC OnLine Kar 28]
“Cannot chant ‘bail is rule, jail is exception’ like a slogan in every bail petition, especially for heinous offences under UAPA”: Karnataka High Court
While hearing the instant appeal challenging the order of the Addl. City Civil & Session Judge (Special Court for NIA cases) denying bail to the accused, the Division Bench of Krishna S. Dixit* and Pradeep Singh Yerur, JJ., keeping in mind the sanctity of human rights as recognized by the Supreme Court in the light of constitutional guarantees and possible societal implications of the accused being released from confinement, were of view that cause of justice would be served more by keeping the accused in confinement. The Court observed that norms like “Bail is rule, Jail is exception” cannot be chanted like a mantra or slogan in every bail petition out of the contextual circumstance.
[National Investigating Agency, In re, 2023 SCC OnLine Kar 27]
[Relief for Samsung India] Karnataka HC quashes complaint on alleged violation of Legal Metrology Act and Packaged Commodities Rules
While deciding the petition filed by Samsung India seeking to quash the proceedings against it for violation of provisions under Legal Metrology (Numeration) Rules, 2011, Legal Metrology (Packaged Commodities) Rules, 2011 and Legal Metrology Act, 2009, the bench of Sachin Shankar Magadum, J.*, held that the offences indicated by the Inspector, Department of Legal Metrology are applicable to retail packages and not to wholesale packages and therefore, on meticulous examination of the allegations, it was clearly evident that the complaint is tainted with malafides. The Court also held that the impugned complaint has grossly misinterpreted the provisions 2009 Act and Packaged Commodities Rules, 2011.
[Samsung India Electronics (P) Ltd. v. State of Karnataka, 2023 SCC OnLine Kar 29]
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.
[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.
[Vijesh Pillai v. State of Karnataka, 2023 SCC OnLine Kar 32]
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 498-A of the Penal Code, 1860.
[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.
[Parameshwarappa v. State, 2023 SCC OnLine Kar 31]
KERALA HIGH COURT
Kerala High Court directs sensitizing Police Officers for effective compliance of Mental Healthcare Act 2017
In a challenge against order dated 4-1-2023 for an application filed under Section 328 of Criminal Procedure Code, 1973 (‘CrPC’), K. Babu, J. set aside the said order while advocating for rights of the accused who is a person of unsound mind in accordance with the provisions under Section 328 and 329 of CrPC and Section 105 of the Mental Healthcare Act, 2017. The Court also directed the State Police Chief to ensure that Police Officials are sensitized about the said provisions for ameliorating the grievances of the mentally ill persons.
[XXX v. State of Kerala]
Kerala High Court refuses exemption from wearing helmets on medical grounds
In a petition seeking exemption from wearing helmets while riding two wheelers on medical grounds, P.V. Kunhikrishnan, J. dismissed the same holding that there cannot be any exemption to a citizen from wearing helmet while riding a two-wheeler.
[Mohanan V.V v. State of Kerala]
[Minor impregnated by her own brother] Kerala High Court bats for ‘safe sex education’ in schools and colleges
In a writ petition filed by a father to terminate the pregnancy of his 15-year-old daughter, who was impregnated by his minor son, P.V. Kunhikrishnan, J. left it to the Child Welfare Committee (‘CWC’) to take necessary steps as per law regarding protection of newborn child, since the custody of minor was already handed over to her uncle. It further suggested constitution of a committee by the government to study the issue and think about including ‘safe sex education’ in the curriculum for schools and colleges.
[XXXXXXXXXX v. Union of India, 2023 SCC OnLine Ker 4427]
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.
[K. Rajendra Prasad v. State of Kerala, 2023 SCC OnLine Ker 3821]
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.
[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.
[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.
[Xxx v. State of Kerala, 2023 SCC OnLine Ker 3673]
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.
[LIC v. Rosamma Varkey, 2023 SCC OnLine Ker 3359]
[Section 36A(4) of NDPS Act] Extension of Time Limit for Filing Chargesheet in NDPS Act, illegal if accused not duly informed: Kerala High Court reiterates
In a petition under Section 482 of Criminal Procedure Code, 1973 (‘CrPC’) challenging order dated 23-3-2023 passed by the Additional Sessions Judge allowing application under Section 36-A(4) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (‘NDPS Act’) allowing detention of accused for another 180 days without informing the accused or his counsel to affirm information regarding pendency of such application, Raja Vijayaraghavan V. quashed the orders allowing extended detention and dismissal of bail, and released the accused on regular bail.
[Sabarinath v. State of Kerala, 2023 SCC OnLine Ker 3666]
First rape, then suicide after 6 months; Is it same transaction under Sec 220, CrPC? Kerala High Court explains
In a petition seeking to quash final report in two criminal matters, or directions to the Investigating Officer (‘IO’) as an alternate to take back the final report and submission before the Special Court under POCSO Act for trying both the matters together, K. Babu, J. held that core elements of consideration including proximity of time, continuity of action, etc. were not favouring the joint trial and dismissed the petition.
[Jithin P. v. State of Kerala, 2023 SCC OnLine Ker 3906]
[Cheating] Kerala High Court grants interim relief to Congress MP K. Sudhakaran
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 offence under Section 420 of Penal Code, 1860 (‘IPC’), Ziyad Rahman A.A., J. granted interim protection to Sudhakaran against any coercive proceedings.
[K. Sudhakaran v. State of Kerala]
Kerala High Court directs State Bar Council to accept advocates enrollment fee of Rs 750
In a writ appeal seeking stay on operation and implementation of order dated 15-02-2023 which directed the Kerala Bar Council to accept petitioner’s enrollment application with a fee of Rs 750 only, S.V.N. Bhatti, CJ and Basant Balaji, J. directed the Bar Council of Kerala to accept enrollment fee of Rs 750 from all the aspirants seeking enrollment as an advocate to avoid individual cases seeking reduction of fees.
[Bar Council of Kerala v. Akshai M. Sivan, 2023 SCC OnLine Ker 4242]
Live-in partner cannot claim divorce as live-in relationships are not recognized as marriage in India: Kerala High Court
In a matrimonial appeal challenging dismissal of divorce petition by the Family Court due to marriage not being solemnized under the Special Marriage Act, 1954, the Division Bench of A. Muhamed Mustaque* and Sophy Thomas, JJ. held that the Family Court ought not to have entertained the matter in the first place and directed the Family Court to return the Original Petition on the ground of maintainability since the appellants in the instant matter only entered a registered agreement and started living together.
[“X” v. Nil, 2023 SCC OnLine Ker 3967]
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.
[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.
[Aneesa F. v. Shefeekmon K.I., 2023 SCC OnLine Ker 4240]
[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.
[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.
[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.
[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.
[Kerala Public Service Commission v. Aneera Kabeer C., 2023 SCC OnLine Ker 4241]
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.
[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”.
[Shubham v. State of M.P., 2023 SCC OnLine MP 1671]
MADRAS HIGH COURT
Homemaker wife contributes equally to husband’s acquisition of family assets; Entitled to equal share in properties: Madras High Court
In a second appeal filed against the judgment and decree passed by the Additional District and Sessions Court, wherein the Court modified the judgment and decree passed by the Sub Court, Krishnan Ramasamy, J. has held that as the wife purchased immovable property from the stridhan gifted by her father that the time of her marriage, she alone is the full owner of the property and not a limited owner. Merely the husband helped her to redeem the jewels, would no way create a right in his favour over the property.
[Kannaian Naidu v Kamsala Ammal]
Madras High Court quashes notification inviting applications for appointment as member in Consumer Redressal Commissions in Tamil Nadu
In a writ petition filed against the notification dated 17-07-2022 issued by the Government of Tamil Nadu Cooperation, Food and Consumer Protection Department, and to quash the same as illegal and consequently direct the Principal Secretary to obtain permission from the Supreme Court before issuing any such notification in the recruitment for the posts of Members and Presidents in the State and District Consumer Forums in the future, the division bench of R. Subramanian and L. Victoria Gowri held that the impugned notifications are bad in law, and thus quashed the same. Further, the subsequent selection procedure that has been undertaken was set aside.
[V. Sundararaj v. High Court of Madras, 2023 SCC OnLine Mad 3777]
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/.
[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.
[Rajini v. State, 2023 SCC OnLine Mad 3476]
Madras High Court sets aside Notification banning import of dogs for commercial activities as it lacks scientific study and due diligence
In a writ petition filed by the Kennel Club of India (‘KCI’) and the Madras Canine Club (‘MCC’) (‘petitioners’) for quashing the notification dated 25-04-2016 and further to direct the Union Government and Director General of Foreign Trade (‘DGFT’)n ot to prevent dog lovers from lawfully importing dogs into India for dog shows, as pets and for breeding, Dr. Anita Sumanth, J. held that the impugned Notifications have no legs to stand as it has been issued without necessary scientific study and due diligence as called for. Thus, the Cout set aside the same.
[Kennel Club of India v. Union of India, 2023 SCC OnLine Mad 4056]
[Medical Negligence] ‘High Court cannot act as an expert body with reference to medical terminology’; Madras High Court dismisses petition seeking compensation
While dismissing a writ petition seeking compensation for medical negligence, a Single Judge Bench of S.M. Subramaniam J., held that the nature of treatment provided to the mother and child cannot be questioned in a writ proceeding and High Court cannot act as an expert body with reference to medical terminology.
[K. Mubeena Banu v. T.N. Health & Family Welfare Department, 2023 SCC OnLine Mad 3951]
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.
[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.
[V. Senthil Balaji v. A. Shankar, 2023 SCC OnLine Mad 3987]
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.
[V. Senthil Balaji v. A. Shankar, 2023 SCC OnLine Mad 4002]
MANIPUR HIGH COURT
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.
[Maisnam Korouhanba Luwang v. State of Manipur, 2023 SCC OnLine Mani 175]
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.
[L. Ranjit Singh v. Union of India, 2023 SCC OnLine Mani 177]
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.
[Leishangthem Susindro Meitei (Yaima) v. Laitonjam Jayananda Singh, 2023 SCC OnLine Mani 173]
‘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.
[John Franklin Shylla v. State of Meghalaya, 2023 SCC OnLine Megh 303]
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.
[Jopbenik Siangshai v. State of Meghalaya, 2023 SCC OnLine Megh 295]
MEGHALAYA HIGH COURT
Meghalaya High Court grants bail to HIV Positive Female Accused under NDPS Act
In a Bail application filed under Sections 439 and 167(2) of the Code of Criminal Procedure, 1973 (‘Cr.P.C’) read with Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (‘NDPS’), the single Judge Bench of W. Diengdoh J., granted bail to the accused considering the fact that she is a women, suffering from HIV positive and required specialized treatment.
[X v. State of Meghalaya]
[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.
[Champer M. Sangma v. State of Meghalaya, 2023 SCC OnLine Megh 267]
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.
[Cleanliness of Umiam Lake v. State of Meghalaya, 2023 SCC OnLine Megh 259]
Fight over a Cat | Meghalaya HC discharges Son-in-law from Attempt to Murder of Father-in-Law
In a criminal petition filed under Section 482 Code of Criminal Procedure, 1973 (‘CrPC’) with the prayer for the exercise of the inherent powers of the Court to quash the proceedings against the petitioner under Section 307 of the Penal Code, 1860 (‘IPC’), the Single Judge Bench of W. Diengdoh, J. allowed the petition and discharged the petitioner from the said liabilities, quashing the FIR filed against the petitioner under Section 307.
[Shri Khrir Lyngkhoi v. State of Meghalaya]
ORISSA HIGH COURT
Orissa High Court upholds Acquittal of Accused Persons in witchcraft murder case
In an appeal by the Government of Orissa against the Judgment of the Sessions Judge wherein, the accused persons- respondents were acquitted of the offenses punishable under Sections 452, 302, 201 read with Section 34 of the Penal Code, 1860 (‘IPC’), the Division Bench of Dr. S. Muralidhar* CJ. and G. Satapathy J., dismissed the appeal and upheld the Trial Court’s Judgment of acquitting the accused persons, granted them the benefit of doubt as the evidence brought on record by the prosecution failed to meet the requisite standard.
[State of Orissa v. Mangulu Munda]
Orissa High Court quashes murder charge against Ex-Malkangiri Collector; substitutes with Abetment to Suicide
While hearing a set of two criminal applications made under Section 482 of the Code of Criminal Procedure, 1973, (‘CrPC’) challenging the Orders of the Sub-Divisional Judicial Magistrate (‘S.D.J.M.’), wherein cognizance of the offences under Sections 302, 506, 201, 204 read with Section 120-B and 34 of the Penal Code, 1860 (‘IPC’) was taken, the Single Judge Bench of Sashikanta Mishra*, J., partly allowed the criminal petition and modified the impugned order only to the extent of substitution of the offences under Sections 302, 506, 201, 204 of the IPC by the offences under Sections 306, 120-B and 34 of the IPC.
[Manish Agarwal v. State of Odisha, 2023 SCC OnLine Ori 3390]
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.
[Madhusudan Pujapanda v. State of Odisha, 2023 SCC OnLine Ori 2586]
‘PIL must be used as an effective weapon in armory of law for delivering social justice to the citizens’; Orissa HC dismisses petition challenging Rs. 2000 Notes Exchange.
In a writ petition under Article 226 of the Constitution of India in the form of Public Interest Litigation (‘PIL’) wherein the petitioner challenged the notification of the Reserve Bank of India dated 19-05-2023 for exchange of Rs. 2000 Bank notes, the Division Bench of S.K. Sahoo, J. and Murahari Shri Raman, J. dismissed the petition calling it a publicity interest litigation in the garb of public interest.
[Jayanti Das v. Union of India, 2023 SCC OnLine Ori 3219]
[Alarnatha Temple] Orissa HC directs separate arrangements for early darshan by old, physically disabled and women.
In a civil Writ Petition by way of Public Interest Litigation to issue any appropriate writ or direction/command for proper crowd management, arrangement of Darshan from Argali (Space connected to narrow strip to Sanctum Sanctorum (Garbhagriha) of Lord Allarnath), the Division Bench of S.K. Sahoo and M.S. Raman, JJ. gave a slew of directions to the District Administration of the Temple for the smooth and peaceful darshan of the deity by the devotees.
[Madhusudan Pujapanda v. State of Odisha, 2023 SCC OnLine Ori 3218]
PATNA HIGH COURT
‘Plea of preference to females has no meaning when assessment of other candidates not done’; Patna High Court quashes appointment of librarian
In a case wherein an application was filed for quashing the appointment of Respondent 5 on the post of Librarian, pursuant to an advertisement, published by the Registrar, Lalit Narayan Mithila University, Darbhanga (‘University’) under the orders of the Vice Chancellor of the University, a Single Judge Bench of Anil Kumar Sinha, J.* opined that the selection/appointment on the post of Librarian was not done in fair manner and the contention of the petitioner was correct that the appointment of Respondent 5 had been made for extraneous consideration. The Court further opined that when assessment/marking/evaluation of the candidates had not been done by the Interview Board/Selection Committee of the respective inter se merit of the candidates, the plea of preference had no meaning. Thus, the Court held that the appointment of Respondent 5 was not sustainable in the eyes of the law and was thus quashed.
[Rovins Kumar v. Lalit Narayan Mithila University, 2023 SCC OnLine Pat 1476]
PUNJAB AND HARYANA HIGH COURT
Punjab and Haryana High Court: Woman committing suicide in matrimonial home does not itself make husband and in-laws liable under Section 306 IPC
In an appeal challenging the legality of judgment dated 29-11-2006 passed by Trial Court, wherein the respondents were acquitted of charges under Section 306/34 of the Penal Code, 1860 (‘IPC’), N.S. Shekhawat J., dismissed the appeal and upheld the decision of the Trial Court saying that the prosecution witness leveled vague and general allegations against the respondents and failed to withstand the test of cross-examination.
[State of Haryana v. Darshan Lal, 2023 SCC OnLine P&H 445]
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.
[Vijay Singh Dahiya v. State of Haryana, 2023 SCC OnLine P&H 578]
[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.
[Navjot Singh Sidhu v. State of Punjab, 2023 SCC OnLine P&H 558]
[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.
[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.
[Amar Singh v. Sanjeev Kumar, 2023 SCC OnLine P&H 525]
Person of Muslim Community not entitled to SC Certificate: Punjab and Haryana High Court while upholding Assistant Professor’s removal from service
In a petition filed under Article 226/227 of the Constitution of India seeking to set aside the order dated 28-07-2017 according to which the petitioner was removed from service of Assistant Professor under the Self-Financing Scheme(‘SFS’), Jaishree Thakur, J., dismissed the petition as the petitioner was not entitled to benefit of SC category, being a person of Muslim religion.
[Abid Ali v. State of Haryana, 2023 SCC OnLine P&H 626]
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.
[Sanjay Popli v. State of Punjab]
RAJASTHAN HIGH COURT
DNA Paternity test cannot be allowed in routine manner, can only be permitted in exceptional circumstances; Rajasthan High Court reiterates.
In a writ petition filed by Husband (‘petitioner’) seeking to set aside the order passed by the Family Court, wherein the Court allowed the application filed by him under Order 6 Rule 17 with Section 151 of Code of Civil Procedure (‘CPC’), 1908, Pushpendra Singh Bhati, J. reiterated that for protecting the best interest of the child, the DNA Paternity test cannot be allowed in a routine manner, and that the same can only be permitted in exceptional circumstances. Thus, the Court dismissed the petition and said that the husband cannot take the undue advantage of DNA test on child to prove wife’s adultery.
[Deepak Soni v. Anamika, 2023 SCC OnLine Raj 1075]
UTTARANCHAL HIGH COURT
[Uttarakhand Communal Tensions] Paramount duty of State to ensure that law, order and peace is maintained in the State: Uttaranchal HC
While hearing a Public Interest Litigation (‘PIL’) petition, wherein directions were sought to the State (‘respondent-State’) to prevent outbreak of communal violence in Village Purola, Uttarkashi, the Division Bench comprising of Vipin Sanghi C.J. and Rakesh Thapliyal, J., directed the State to ensure that law and Order is maintained in the State.
[Association For Protection of Civil Right v. State of Uttarakhand]
