high court weekly round up


Read why Allahabad High Court denied security to Politician Srikant Tyagi and his wife in view of threat to life

In a writ petition filed for directing the State Government to provide government paid security guards to Politician Srikant Tyagi as ordered by the Government Orders dated 20-11-2018 and dated 31-01-2019 and to direct the authority concerned to continue the security of 4 government paid gunners to him and 3 government paid gunners to his wife, Anu Tyagi, as provided after assessment of the life threat reports of the Local Intelligence Unit, the division bench of Mahesh Chandra Tripathi and Prashant Kumar, JJ. while dismissing the petition, opined that providing personal security would bolster the criminal activities of such a person to the detriment of society at large. Read more

Allahabad HC directs JLN medical college to constitute 5-member team to examine minor rape victim for medical termination of pregnancy

In a writ petition filed by a minor through her mother praying for issuance of directions to the respondents to conduct medical termination of her pregnancy under Medical Termination of Pregnancy Act, 1971, (‘MTP Act') the division bench of Mahesh Chandra Tripathi and Prashant Kumar, JJ. has requested the Vice Chancellor, Aligarh Muslim University to direct the Principal, Jawaharlal Nehru Medical College, Aligarh to constitute a five members team headed by Department of Obstetrician and Gynecologist; Department of Anesthesia and Department of Radio Diagnosis to examine the minor and submit a report before the Court. Read more


Bombay High Court refuses medical bail to Nawab Malik in PMLA case

In a plea for temporary medical bail filed by former minister of Maharashtra Government and NCP leader Nawab Malik in money laundering case, Anuja Prabhudessai, J. rejected the medical bail plea and said that the instant matter for regular bail would be heard on merits in two weeks. Read more

Bombay High Court | 15-day compliance with disqualification notice based on ‘fit and proper person' test not insisted by SEBI during pendency

In a bunch of petitions challenging the notices issued by the Securities and Exchange Board of India (‘SEBI') based on ‘fit and proper person' criteria under Clause 3 (b)(ii) of Schedule II SEBI (Intermediaries) Regulations, 2008, the Division Bench of G.S. Patel and Neela Gokhale, JJ. listed the matter in August after SEBI clarified that compliance with the requirements of the notice within 15 days was not insisted upon while the matters were pending before the Court. Read more


West Bengal Panchayat Election 2023| Calcutta High Court slams SEC & State for non-cooperating with Centre on deployment of Central Forces

The division bench comprising of TS Sivagnanam, CJ., and Uday Kumar, J., slammed the State Government of West Bengal and West Bengal State Election Commission (SEC) for failing to co-operate with the Central government for deployment of the Central forces during the Panchayat elections held on July 08-07-2023 in West Bengal. Read more

Calcutta High Court resolves ‘Seat' versus ‘Venue' enigma when agreement confers ‘exclusive jurisdiction' upon a court other than venue

A single bench comprising of Shekhar B. Saraf, J., held that when in an agreement, there exist a clause conferring ‘exclusive jurisdiction’ upon a court other than the court declared as ‘venue’, the court having exclusive jurisdiction will be considered as a ‘Contrary Indicia’ and therefore, will consider as the seat of arbitration. The Court held that the venue or the place of arbitration will be Kolkata would only be the venue or the place of arbitration, but the seat of arbitration would be Mumbai, therefore, only the Courts in Mumbai would have the jurisdiction over the arbitration. Read more

Arbitrator's view is ultimate, not to be interfered with by Courts, unless arbitration agreement evidently absent: Calcutta High Court

While directing the enforcement of the Arbitral Award, a single-judge bench of Shekhar B. Saraf,* J., held that “the arbitrator's view is sacrosanct and should not be substituted with an alternate view/opinion which this court may possibly have on re-appreciation of the evidence.” Read more


Delhi High Court | MSEFC cannot entertain independent claim by the ‘Buyer' against the ‘Supplier' under the MSMED Act, 2006

A petition was filed by the petitioner raising issues arising out of the Micro Small and Medium Enterprises Development Act, 2006 (‘MSMED Act') seeking to quash or set aside the impugned order dated 14-09-2021 passed by Micro and Small Enterprises Facilitation Council (‘MSEFC') (respondent 1) under the MSMED Act, 2006 advising the petitioner to pay a sum of Rs. 9,59,66,352 to Harji Engineering Works Pvt. Ltd. (respondent 2) as per the agreement dated 17-10-2019. Prathiba M Singh, J., held that MSEFC can only entertain claims from the Suppliers against the Buyers and counterclaims by the Buyers against Suppliers and cannot entertain the independent claim by the Buyer against the Supplier under the MSMED Act, 2006. Read more

Delhi High Court upholds revocation of PepsiCo India's registration for a potato variant used in the manufacture of Lays

An appeal was filed by the appellant under Section 56 of the Protection of Plant Varieties and Farmers Rights Act, 2001, challenging the order dated 03-12-2021 passed by the Protection of Plant Varieties and Farmers Rights Authority, revoking the appellant's registration with respect to plant variety- FL 2027 potato variety, on the grounds provided under Section 34(a), (b), (c) and (h) of the Act. The appellant further challenges the authority's letter dated 11-02-2022, rejecting the appellant's application for renewal of its registration. Navin Chawla, J., finds no merit in the present appeal and upheld the revocation of the registration granted to the appellants with respect to its plant variety — FL 2027 for the manufacture of Lays. Read more

‘Publish details of grievance officers on website for public access'; Delhi High Court directs LinkedIn

In a case wherein suit was filed by the plaintiff seeking a decree of permanent injunction restraining the defendants from allowing any user on their platform from using the plaintiff's trade mark ‘TATA SKY', a Single Judge Bench of Prathiba M. Singh*, J., opined that the proliferation of various fake profiles would make it extremely difficult for the plaintiff to approach the Court on every occasion, thus, to dispose of the suit with an effective framework in place for the plaintiff, the Court directed that LinkedIn shall place on record the details of the Grievance Officers and the Rules applicable to persons creating LinkedIn profiles, as per LinkedIn's own policy. Read more

[Himalaya v. Wipro] Delhi High Court restrains Wipro Enterprises from using ‘EVECARE' mark for female menstrual health products

A Single Judge Bench of Amit Bansal*, J. after noting that defendant's product ‘EVECARE' had been launched only about 1.5 years back and had limited sales, whereas the plaintiffs' product ‘EVECARE' and ‘EVECARE FORTE' had been in the market for 24 years and had significant sales, opined that the defendant's use of the identical mark would not only cause injury to the goodwill and reputation of the plaintiffs but was also likely to cause confusion and deception in the market. Thus, the Court restrained the defendant from manufacturing and selling any products and services, including but not limited to their female hygiene and menstrual health product under the mark ‘EVECARE' and/or any other mark which was deceptively similar to the plaintiffs' registered ‘EVECARE' mark till the final adjudication of the suit. Read more

Delhi High Court upholds arbitral award for not falling within the mischief of Section 48(2)(b)(ii) of Arbitration Act

A petition was filed by Raffles Education Investment (India) Pte. Ltd. under Chapter-I, Part-II of the Arbitration and Conciliation Act, 1996 seeking enforcement of a final award dated 31-03-2017 passed by the Singapore International Arbitration Centre (SIAC) in an arbitration matter under the SIAC Rules, 2013 being resisted by Educomp Professional Education Limited which asserts that the award is not liable to be recognized or enforced under Part-II of the Act being contrary to the public policy of India. Yashwant Varma, J., held the award valid in law and enforceable in accordance with law. Read more

‘Privacy, publicity and personality rights not heritable'; Delhi High Court refuses to stay “Nyay : The Justice” movie based on Sushant Singh Rajput

In a case wherein a suit was filed by father of Sushant Singh Rajput seeking a decree of permanent injunction, restraining the defendants and all others from using Sushant Singh Rajput's name, caricature or lifestyle in any projects or films without the prior permission of the plaintiff, a Single Judge Bench of C. Hari Shankar, J.*, opined that the impugned movie “Nyay : The Justice” could not be sought to be injuncted at this distance of time, especially when it had already been released on the OTT platform, Lapalap, a while ago and must have been seen, by now, by thousands. The Court held that no case could be said to exist, to grant the prayers made by the plaintiff and thus, the suit was dismissed. The Court further held that the right of the plaintiff to maintain and prosecute the suit, insofar as it claimed damages from the defendants, would stand preserved. Read more

Delhi High Court refuses bail to Leena Paulose wife of Sukesh Chandrashekhar in 214 crore extortion case

A bail application was filed by Leena Paulose, wife of Sukesh Chandrashekhar along with other accused in an offence registered under sections 170, 384, 386, 388, 419, 420, 406, 409, 506, 186, 353, 468, 471, 120-B Penal Code, 1860 (IPC), Section 66-D of Information Technology Act (IT Act) and Sections 3/4 Maharashtra Control of Organized Crime Act (MCOCA). Dinesh Kumar Sharma, J., rejected bail to the petitioner and other accused as the case is of a very sensitive nature and prima facie petitioners are involved in offenses of MCOCA, thus granting bail may hamper the flow of the investigation. Read more

Delhi High Court sentences Veer Singh, son of Max Group founder for three months simple imprisonment for contempt of court

In a case wherein petition had been filed by the petitioner seeking initiation of contempt proceedings against the respondent for flouting and committing breach of successive Orders of this Court, the Division Bench of Suresh Kumar Kait and Neena Bansal Krishna, JJ., opined that considering that the respondent had failed to pay the amount undertaken before this Court, to be paid to the petitioner, the respondent was held guilty of the contempt of this Court. The Court further opined that from the submissions of the counsel for the respondent, it was evident that the respondent was not willing to purge the contempt by complying with the orders or to address on the sentence, thus, the Court sentenced the respondent for Simple Imprisonment of three months with fine of Rs. 2,000. Read more

‘Public interest demands easy, affordable access to anti-cancer drug'; Delhi High Court denies interim injunction to Bayer Healthcare for drug ‘Regorafenib

In a case wherein the plaintiff, Bayer Healthcare LLC claimed an order of interim injunction against the defendant, Natco Pharma Ltd., based on the same patent (‘suit patent'), that covered and claimed a molecule, which was claimed to be a new chemical entity, which had been assigned an International Non-proprietary Name (‘INN'), “REGORAFENIB”, a Single Judge Bench of Navin Chawla, J.* opined that public interest would demand that large segments of population should have relatively easier and affordable access to an anti-cancer drug, which could be the difference between life and death for certain patients and taking into account the nature of the disease that the drug sought to provide relief from, affordability played a major role in its access to wide sections of the public. Therefore, the Court held that it would not be appropriate to injunct the defendant from selling the said product, especially when a credible challenge to the patent had been laid and the plaintiff had already enjoyed protection for its full term for the genus patent. Read more


Fake Mark-Sheets for LLB Admission; Gujarat HC upholds decision of Veer Narmad South Gujarat University cancelling Student's Result

In a civil application filed by a student (‘petitioner') against the decision of the Veer Narmad South Gujarat University (‘Respondent') (hereinafter ‘University') for cancelling the entire result of LLB Examination for all semesters of the petitioner, the Single Judge Bench of Nikhil S. Kariel, J., dismissed the petition and upheld the decision of the University. Read more


Extension in service counts as qualifying service for pension, gratuity and increments; Himachal Pradesh HC imposes Rs. 10,000 cost on State

In an appeal filed by the State challenging the judgment and order passed by the Single Judge Bench, wherein the Court directed the State to pay an annual increment to the respondent for the extended period of one-year with all consequential benefits., the Division Bench of Justice M.S. Ramachandra Rao*, CJ. and Justice Ajay Mohan Goel, J. dismissed the appeal and upheld the Single Bench decision while awarding a sum of Rs. 10,000/- to the respondent by State within the span of four weeks. Read more


Karnataka High Court refuses to grant relief to an advocate accused of raping a law intern; Says that the advocate must come clean in a trial

While considering the interplay of Sections 376 and 511 of Penal Code, 1860 in the instant matter wherein an advocate, who has been accused of committing several sexual offences (including rape) by a law intern, had petitioned the High Court to quash the chargesheet and order of cognizance against him; the Bench of M. Nagaprasanna, J.*, held that it would not be prudent for the Court to exercise its inherent power under Section 482 of CrPC given the peculiar circumstances of the case. The Court opined that any interference by the Court would be rendering approval to the wanton lust and vicious appetite of the accused (‘Petitioner'). Therefore, it is for the accused to come out clean in a full- blown trial. Read more


Kerala High Court explains law on DNA testing for paternity; upholds Family Court order allowing DNA analysis

In a petition filed under Article 227 of Constitution of India challenging order passed by Family Court on 7-05-2021 allowing request for directions to undergo DNA test for proving paternity of minor daughter to be approved by the Court that the respondent was her father, Mary Joseph, J. upheld the order passed by the Family Court considering the prima facie evidence justifying the averments of their long cohabitation and birth of their daughter. Read more

Journalist's mobile cannot be seized simply because he got information about some crime: Kerala High Court

In a petition by a journalist seeking interim directions to the State to hand over his mobile phone seized by the police, P.V. Kunhikrishnan, J. directed the Station House Officer to file a statement with circumstances under which the journalist's mobile phone was seized while hinting towards the procedures to be followed before seizing specific items in case mobile phones were necessary for the authorities in connection with a criminal case. Read more


Madras High Court directs DGP to identify cases involving consensual relationship amongst pending POCSO cases; Discontinues two-finger test and potency test

Pursuant to the administrative order of the Acting Chief Justice a division bench was constituted to monitor the implementation of provisions of the Protection of Children from Sexual Offences (‘POCSO') Act and Juvenile Justice (Care and Protection) Act, 2015 on the judicial side. The division bench of N. Anand Venkatesh* and Sunder Mohan, JJ. has directed the Director General of Police (‘DGP') to identify cases involving consensual relationship from among the 1274 pending cases. Further, it discontinued the two-finger test and the archaic potency test. Read more

Can a wife be entitled to maintenance under S.125 CrPC if marriage is invalid? Madras HC answers

In a criminal revision against the Family Court order granting maintenance of Rs. 10,000/- to the wife and to pay the entire arrears of maintenance amount within one month, K. Murali Shankar, J. held that even if marriage was not legal due to the existence of first marriage, the second wife and the children born out of the second marriage are entitled to maintenance under Section 125 of the Code of Criminal Procedure, 1973 (‘CrPC'). Read more

Accused persons are engaged in movie business and not in business of cigarettes or tobacco products: Madras High Court quashes COPTA proceedings against Actor Dhanush

In criminal original petitions filed for offence under Section 5 of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (‘COPTA') against Actor Dhanush, Director Aishwarya Rajnikanth and others for displaying the actor smoking a cigarette in the movie “Velaiyilla Pattathari” posters, N. Anand Venkatesh, J. has said that the continuation of the criminal proceedings as against the accused persons will amount to an abuse of process of court . Thus, the Court quashed the said criminal proceedings. Read more

[SANGEETHA v NEW SANGEETHA] Exception of bona fide use of name as trade mark does not extend to the name of spouse: Madras High Court grants permanent injunction

In a civil suit filed under Order IV Rule 1 of the Original Side Rules read with Order VII Rule 1 of the Code of Civil Procedure, 1908 and Sections 134 and 135 of the Trade Marks Act, 1999 for seeking permanent injunction restraining the defendant from infringing plaintiff's registered trade mark ‘SANGEETHA' by using the offending trade mark ‘NEW SANGEETHA'. S. Sounthar, J. has granted permanent injunction restraining the defendant from infringing the registered trade mark of the plaintiff namely, ‘Sangeetha with Veena Mark', ‘SVR Sangeetha', ‘SVR Sangeetha Veg Restaurant' and ‘Sangeetha Veg Restaurant with Veena Mark'. However, in the absence of any acceptable evidence to establish the exact quantum of loss suffered by the plaintiff, denied recovery of any profits earned by the defendant. Further, the Court directed the defendant to surrender all the unused offending materials like bill books, name board, packing materials and other stationery articles bearing the offending trade mark for destruction. Read more


‘Lift Manipur Internet ban; Provide FTTH on case-to-case basis'; Manipur HC directs State

In a batch of Public Interest Litigation petitions for restoration of internet services in the State of Manipur, the Division Bench of Ahanthem Bimol Singh* and A. Guneshwar Sharma JJ., the Court considered the suggestions of the Expert Committee and directed the State Government to lift the ban on providing the internet service through Internet Lease Line throughout the whole State after ensuring that all the stakeholders have complied with the safeguards given by the Expert Committee. Read more


‘AMPT Road to be in top condition'; Meghalaya HC directs State PWD to undertake complete overhauling

In a Public Interest Litigation Petition filed by Advocate A.H. Hazarika against delayed repair and construction of the Agia-Medhipara-Phulbari-Tura (‘AMPT') Road, the Division Bench of Sanjib Banerjee, CJ., and W. Diengdoh, J., said that the AMPT Road is an arterial road of great importance and thus the road should be in top condition without excuses such as rain to explain away its pitiable condition. Read more

Constitutional Courts to tread with caution while dealing with challenges to Orders of Specialised Tribunals: Meghalaya HC

In the appeals filed against the Judgment and order passed by Income-Tax Appellate Tribunal (‘Tribunal') wherein, the Tribunal found that the law laid down in Commissioner of Income-Tax v. Mahari and Sons, 1991 SCC OnLine Gau 85 (‘Mahari and Sons') was no longer good, the Division Bench of Sanjib Banerjee*, C.J. and W. Diengdoh, J., did not express any final opinion on the primary legal issue- that whether the ratio decidendi in the Mahari and Sons (supra) would be applicable in the present matters. The Bench had decided to remand the matter before the Appellate Tribunal and directed the President, Income Tax Appellate Tribunal to constitute a special Bench for afresh consideration of the matter. Read more


Setback for Former Hockey Player Birendra Lakra; Orissa HC orders fresh Probe into Friend's Death

In a criminal application filed under Section 482 of the Code of Criminal Procedure, 1973, (‘CrPC'), the father of the deceased was seeking fresh investigation or reinvestigation of death of his son, wherein, Birendra Lakra, a former hockey player was one of the accused persons, the Single Judge Bench of Sashikanta Mishra, J., allowed the application and directed the Criminal Investigation Department-Crime Branch (‘CID') to reinvestigate the case. Read more

Failure in Verifying Address of Bail Applicant even after Sufficient Opportunities, Orissa HC warns of Contempt Action against Erring Officials

In a bail application filed under Section 439 of the Code of Criminal Procedure, 1973, for grant of bail to the applicant/accused who was accused of offence punishable under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (‘NDPS Act'), the Single Judge Bench of S.K. Sahoo, J., the Court noted that in spite of sufficient opportunity given to the State to verify the address of the accused, the same was not complied with, thus, the Court had warned to initiate Contempt of Court proceedings against the erring officials. Read more


Punjab and Haryana High Court directs regularization of clerk after 30 years of service

In a petition claiming regularization of a Clerk who had completed 30 years in service, Sanjeev Prakash Sharma, J. held her entitled to get the benefit and directed the authorities concerned to pass suitable orders with ‘all consequential benefits. Read more

Punjab and Haryana High Court quashes FIR against makers of Colors TV serial ‘Ram Siya Ke Luv Kush'

In a petition seeking to quash First Information Report (‘FIR') for offences under Section 295-A and 34 of Penal Code, 1860 (‘IPC') and consequent proceedings regarding exhibition of objectionable content on TV serial ‘Ram Siya Ke Luv Kush', Deepak Gupta, J. quashed the FIR and all consequent proceedings in the instant matter. Read more

‘Never been in custody', says Police for a person claiming to have spent 2 years in custody; P&H HC directs DGP to look into the matter

In a confusing matter wherein, the petitioner claimed of having been in custody for more than the reduced sentence of 2 years imprisonment for offences under Sections 148, 332, 353, 333, 452 and 506 of Penal Code, 1860 (‘IPC'), while the police authorities took a stand that he had never been in custody in the first place, Suvir Sehgal, J. directed the Director General of Police to look into the matter regarding custody of the petitioner. Read more


[Dishonour of cheque] Rajasthan HC suspends sentence of convict and grants him bail till final disposal of Revision

In an application for suspension of sentence filed against the judgment passed by the Special Judicial Magistrate (‘SJM'), wherein the applicant was convicted and sentenced to suffer six months' simple imprisonment and to pay compensation of Rs. 1,25,00,000/- as per provisions under Section 138 of Negotiable Instruments Act, 1881, the Single Judge Bench of Farjand Ali J. has allowed the application and suspended the sentence passed by the SJM. Read more


“Offends transgender persons' right to privacy as well as right to dignity”; Telangana High Court declares Telangana Eunuchs Act, 1329 Fasli as unconstitutional

In a case wherein prayer was made to declare Telangana Eunuchs Act, 1329 Fasli (‘Telangana Eunuchs Act') as ultra vires and unconstitutional, a Division Bench of Ujjal Bhuyan, CJ.* and C.V. Bhaskar Reddy, J., opined that the Telangana Eunuchs Act was violative of the human rights of the third gender community besides being an intrusion into their private sphere as well as an assault on their dignity. It was thus offensive of both right to privacy and right to dignity of transgender persons. Moreover, it was not only violative of Article 14 but also clearly violated Article 21 of the Constitution. Thus, the Court opined that such an enactment could no longer continue to find a place in our statute book and thus, was accordingly declared as unconstitutional. Read more

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