high court weekly round up


Whether refusal of registered owner to surrender registration certificate or his abscondence, is mandatory to exercise power under S. 51 (5) of MV Act? Allahabad HC answers

In a writ petition filed challenging the order passed by the Assistant Regional Transport Officer (‘RTO'), Bareilly and restraining the RTO from issuing a fresh Registration Certificate (‘RC') in favour of the financier, the Division Bench of Manoj Kumar Gupta and Manish Kumar Nigam JJ., has held that refusal of registered owner to surrender registration certificate or his abscondence are not mandatory conditions to exercise power under Section 51(5) of the Motor Vehicle Act, 1988 to cancel and issue fresh certificate of registration. Read More

HIV positive patients can neither be denied employment nor promotion in employment: Allahabad High Court

In a special appeal under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952 against the judgment and order passed by Single Judge, wherein the Court did not find any illegality or perversity or violation of Constitutional rights in cancellation of the promotion order of the appellant on the ground that he is Human Immunodeficiency Virus (‘HIV') positive, the division bench of Devendra Kumar Upadhyaya and Om Prakash Shukla, JJ. has held that a person, who is otherwise fit, could not be denied employment or promotion only on the ground that he or she is HIV positive, and this would be a violation of Articles 14, 16, 21 of the Constitution of India. Thus, the Court set aside the impugned order and all directions depriving the appellant's right to occupy promotional post. Further, it declared that the appellant would be entitled to full benefits of promotions as extended to those who do not suffer from HIV Positive. Read More


Consensual sex with minor| Bombay High Court acquits accused; suggests review of age of consent under POCSO Act

In a challenge by the accused (‘appellant') was convicted for offences under Sections 363, 376, 107 and 109 of the Penal Code, 1860 (‘IPC') and Sections 4, 6 and 17 of the Protection of Children from Sexual Offences Act, 2012 (‘POCSO Act') by judgment and order dated 21-02-2019, Bharati Dangre, J. reversed the conviction since the girl aged 17.5 years consensually indulged in sexual relationship with the accused. Read More

[POCSO] Bombay High Court upholds conviction of accused of raping a 6-year-old based on medical evidence

An appeal was filed by the original accused challenging his conviction by the learned Special Judge, under the POCSO Act dated 16-05-2016, whereby the accused was held guilty of committing offense punishable under Section 376(1) of Penal Code, 1860 (IPC) and Section 5(m) punishable under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO). A division bench of Vijay Kankanwadi and S G Chapalgaonkar, JJ., dismissed the appeal as medical evidence supporting the testimony of the victim. Read More

“Strict rules of evidence do not apply in a disciplinary proceeding”: Bombay High Court while refusing interim relief for Bus Conductor against dismissal from service.

In a petition under Article 226 and 227 of Constitution of India challenging the judgment and order passed by Member Industrial Court on 3-03-2023 and order dated 27-04-2018 passed by the Labour Court rejecting complaint under Section 28 of Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (‘1971 Act') refusing to grant interim protection, N.J. Jamadar, J. dismissed the petition and highlighted that the petitioner enjoying interim protection all along could not be the reason for continuation of the same till the date of final decision due to his failure to make out a strong case in his favour. Read More

Bombay High Court directs State to pay compensation to farmers who entered Lok Adalat Settlements within 180 days.

The petitions were filed highlighting the issue of acquiring authorities and revenue authorities showing scant respect to the Lok Adalat awards and having no regard or respect for the precarious financial condition of the petitioner-farmers who have lost their lands and having compromised their rights through the Lok Adalat award as long ago as on 17-12-2019 and not paying compensation amounts on time. Ravindra V Ghuge, J., directed the compensation to be paid to the farmers who have entered settlement within 180 days, failing which, the officers responsible for the delay will pay from their salaries along with interest. Read More

‘Family members neither baptised nor members of Church'; Bombay HC finds order against Hindu Mahar's religious conversion “perverse, arbitrary and capricious”

In a writ petition filed under Article 226 of the Constitution of India challenging the judgment and order passed by the Divisional Caste Scrutiny Committee (‘Committee') in a proceeding under Section 7 of Maharashtra Scheduled Castes, Scheduled Tribes, Denotified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000, wherein the petitioner's claim of being a Hindu Mahar SC was refuted, the Division Bench of Mangesh S. Patil* and Shailesh P. Brahme, JJ. quashed the order and upheld the writ petition on the ground that the observations and conclusion of the committee were clearly perverse, arbitrary and capricious. Read More

Can Gram Panchayat obstruct mobile tower installation due to harmful radiation? Bombay High Court answers

While considering the question of whether the Gram Panchayat could pass a resolution directing the petitioner to stop further work related to erection of mobile tower due to objection by some of the villagers with the belief that the radiation emitted by mobile towers is harmful for villagers' health and may be carcinogenic, the Division Bench of Sunil B. Shukre and Rajesh S. Patil, JJ. quashed and set aside the impugned resolution and restricted the Gram Panchayat from obstructing the work of installation and operation of mobile towers. Read More


Income of a club involving contributors and participators is not taxable: Calcutta High Court.

In a case related to the taxation of club income and the application of the principle of mutuality, a Division bench consisting of I.P. Mukerji and Biswaroop Chowdhury, JJ., held that the income of the club involving contributors and participators is not taxable. Read More

[Teacher Recruitment Scam] Calcutta High Court directs identification of the appointed teachers in lieu of cash paid in the recruitment process

A single-judge bench comprising of Amrita Sinha,* J., directed the Central Bureau of Investigation (CBI) and the Directorate of Enforcement (ED) to investigate into the recruitment process of the teachers who got the service in lieu of cash paid through the agents or otherwise and enquire and identify the said appointed teachers. Read More

Defaulting Buyers exempted from paying 3 times the Bank Interest Rate under Section 16 of the MSMED Act when supplier is ‘medium enterprise': Calcutta High Court

A single bench comprising of Moushumi Bhattacharya,* J., observed that a defaulting buyer will not be liable to pay interest at three times the bank rate under Section 16 of the Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act) if the supplier is a medium enterprise and held that the petitioner is liable to pay an interest of 8% instead of 24.6% on the principle amount. Read More


[S. 34 Arbitration Act] Delhi High Court sets aside arbitral award for being perverse and ex-facie arbitrary

A petition was filed under Section 34 of the Arbitration and Conciliation Act, 1996 assailing the Arbitral Award dated 11-01-2009, read with the order dated 26-02-2009 passed by the Arbitral Tribunal on an application filed by the petitioner under Section 33(1) of the Arbitration and Conciliation Act, 1996. Sachin Datta, J., sets aside the arbitral award as entertaining financial claims based on novel mathematical derivations, without proper foundation in the pleadings and/or without any cogent evidence in support thereof can cause great prejudice to the opposite party. Read More

Determination of ‘mental illness' as per S. 105 of the Mental Healthcare, 2017 cannot be prejudicial to interest of any party: Delhi High Court

In a case wherein, the petitioner moved an application seeking exemption from appearing before the Court, wherein it was stated that he had been suffering from Bipolar Affective Disorder, Generalized Anxiety Disorder, depression and anxiety; and had been under regular medical supervision by the concerned doctors, a Single Judge Bench of Amit Sharma, J.* noted that the reports from Fortis Memorial Research Institute, Gurugram reflected that the petitioner was suffering from Bipolar Affective Disorder and thus, opined that both the Metropolitan Magistrate and the Additional Sessions Judge did not take into account the report of Cosmos Institute of Mental Health and Behavioral Sciences (‘CIMBS'), but rather concentrated their finding on medical certificate issued by a Family Physician and Gynaecologist, with respect to the petitioner's health condition of acute gastroenteritis with repeated vomiting, diarrhea, weakness and anxiety. Thus, the Court held that determination in terms of Section 105 of the Mental Healthcare Act, 2017 (‘2017 Act') could not be prejudicial to the interest of the respondent. Therefore, the Court allowed the petition and had set aside the orders passed by the Metropolitan Magistrate and the Additional Sessions Judge. Read More

Subscription amount received from e-journals cannot be treated as royalty: Delhi High Court

The Division Bench of Rajiv Shakdher* and Girish Kathpalia, JJ., opined that the subscription amount could not be treated as a royalty as there was nothing on record to show that the respondent had been granted the right in respect of copyright to the concerned subscribers of the e-journals and all that the respondent did was to sell the copyrighted publication to the concerned entities, without conferring any copyright in the said material. The Court held that it was not inclined to interfere with the Tribunal's decision concerning the deletion of the addition made amounting to Rs. 22,89,835, on account of commission received by the respondent. Further, the Court held the Commissioner of Income Tax (Appeals) (‘CIT(A)'s') decision that the said amount received by the respondent had attributes of fee for technical services (‘FTS') was erroneous. Read More

Delhi High Court dismisses plea of Pernod Ricard for renewal of its liquor licence on ground of non-maintainability

In a case wherein the petitioner, Pernod Ricard India (P) Ltd. had challenged the impugned order dated 13-4-2023 passed by the Office of the Commissioner Excise, Entertainment and Luxury Tax, Government of Delhi (‘licensing authority') by which the L-1 License application made by the petitioner before Respondent 2, Department of Excise, Government of Delhi had been rejected, a Single Judge Bench of Prathiba M. Singh, J.*, opined that a case of this nature which raised serious allegations against the petitioner would require examination of facts and would not be one where discretion ought to be exercised in favour of the petitioner in this Court's extraordinary writ jurisdiction under Article 226 of the Constitution. Thus, the Court dismissed the present petition holding that it was not maintainable in view of the express statutory provision which permitted the petitioner to approach the Appellate Authority against the impugned order dated 13-4-2023 in term of Section 72 of the Delhi Excise Act, 2009 (‘Excise Act, 2009'). Read More

‘Substratum of refusing probate cannot be the testimony of an unreliable witness'; Delhi High Court grants probate in favour of Khetri Trust

While deliberating over the instant case pertaining to an appeal regarding the probate petition, which was dismissed by a Single Judge on the grounds of non-compliance with the Succession Act, 1925 (‘Act') and various other controversies, the Division Bench, comprising Najmi Waziri* and Vikas Mahajan, JJ., set aside the impugned order and granted the probate in favour of the testator, Late Raja Bahadur Sardar Singh of Khetri and held that as it was unquestionably established that the Will was executed by Late Raja Bahadur Sardar Sahib in the presence of two attesting witnesses. Read More

Delhi High Court refuses bail to Shakti Bhog Director in money laundering case

In an application filed seeking bail in a matter wherein the applicant has been charged u/s 13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988 and u/s 120-B r/w 420, 465, 467, 468 and 471 of Penal Code, 1860 (IPC) and is in custody since 22-06-2022. Jasmeet Singh, J., refuses bail and held that the applicant's role is clearly made out from the financials, where direct loan funds have been siphoned off to sister concerns of SBFL where the applicant is either a shareholder or director. Read More

“Can't claim exclusive monopoly on generic word ‘VASUNDHRA'”; Delhi High Court refuses to grant interim injunction to Vasundhra Jewellers

A Single Judge Bench of Amit Bansal, J.*, opined that the plaintiff's marks, , and ) when compared as a whole with Defendant 1's marks, , and , bear no deceptive similarity to each other and hence, would not create any confusion in the minds of consumers. Therefore, it could not be said that Defendant 1 was passing off its goods as those of the plaintiff. Thus, the plaintiff had failed to establish a prima facie case in its favour for the grant of interim injunction and balance of convenience was also against granting of interim injunction, on account of long use of Defendant 1, that is, since 2001. Read More

Transportation of Mortal Remains: Delhi High Court directs MEA to make accessible SOP and Guidelines for overseas Indian tourists and workers

The petition was filed relating to the issue of Standard Operating Procedure (SOP) to be followed for the Transportation of Mortal Remains overseas of both Indian tourists and Indian workers in place. A division bench of Najmi Waziri and Sudhir Kumar Jain, JJ., directed Ministry of External Affairs to make accessible Standard Operating Procedures and Guidelines relating to Transportation of Mortal Remains overseas of both Indian tourists and Indian workers. Read More

[Patent Infringement] Delhi High Court restrains Canva from making available its ‘Present and Record' feature

A suit was filed by RXPrism Health Systems Private Limited (plaintiff), seeking an interim injunction restraining the Defendant from engaging in activities such as using, making, selling, distributing, advertising, offering for sale, etc., or dealing in any product that infringes the subject matter of Indian Patent No. ‘IN360726'. Prathiba M Singh, J., restrained Canva Ltd. (defendants) from making available their Canva product with the ‘Present and Record' feature, which infringes the Plaintiff's suit patent being IN360726. Read More

Delhi High Court imposes costs on IIT Kanpur alumni for filing frivolous litigations against Union, State authorities, departments, trusts etc.

Three different petitions are filed by the petitioner who is an alumnus of IIT Kanpur, IIT Bombay, and has worked as an academician at IIT Delhi and Tata Institute of Fundamental Research (TIFR) Mumbai, who alleges that his fundamental right under Article 21 of Constitution of India has been infringed which extends to his “right to have public organizations that are not criminally established”. The petitioner alleges that the respondents are involved in criminal activities, and have established various public organizations criminally, thereby infringing his fundamental right. The petitioner also claims that his “right to have access to one's own criminal records”, covered under Article 21, has also been infringed by the respondents. Swarana Kanta Sharma, J., imposed costs of Rs 30,000 in the three petitions each given the volume of frivolous litigation staring hard at the overburdened judiciary, it is the right time for taking action against such litigants. Read More


Major Discrepancies in Deposition of Victim; Gujarat HC upholds Acquittal of Rape Accused

In a criminal appeal filed under Section 372 of the Code of Criminal Procedure, 1973, (‘CrPC') by the informant/victim against the Judgment and order of acquittal of the accused charged with offences under Sections 376(m), 201 and 506(2) of the Penal Code, 1860 by the Additional Sessions Judge, Tharad, the Division Bench of Umesh A. Trivedi* and M. K. Thakker, JJ., dismissed the appeal and upheld the decision of the Additional Sessions Judge. Read More

‘Grant of Parole not to be treated as Suspension of Sentence'; Gujarat HC Grants 15 days Parole to Life Convict in 2002 Godhra Riots

In a writ petition filed under Article 226 read with Article 21 of the Constitution of India, wherein the convict's wife was seeking his release on parole leave for a period of 60 days, the Single Bench of Nisha M. Thakore, J., granted the parole leave and said that release of prisoner on parole would not amount suspension of sentence. Read More


Detenu may be hardened criminal or a smuggler, but Constitution mandates decision on representation without any delay: Jharkhand High Court

In a petition challenging order of preventive detention passed by District Magistrate-cum-Deputy Commissioner on 16-09-2022 under Section 12(2) of Jharkhand Control of Crimes Act, 2002 and the confirmation order dated 22-11-2022 signed by the Department of Home, Prison and Disaster Management of Jharkhand approving preventive detention of the petitioner for 3 months, the Division Bench of Shree Chandrashekhar and Ratnaker Bhengra, JJ. quashed the said orders. Read More


Able-bodied person, who is bound to maintain a dependant wife, also responsible to maintain his dependent mother: Karnataka High Court
While deliberating over the instant petition where sons of an aged ailing mother, knocked the doors of the High Court challenging an order to pay their mother monthly expense of Rs. 10,000; the Bench of Krishna S. Dixit, J.*, rejected the contention of the petitioners that they do not have any means to pay their mother a sum of Rs. 10,000. The Court stated that law, religion & custom mandate sons to look after their parents, and more particularly aged mother. Stating that the petitioners' contention is a poor justification for not looking after the aged and ailing mother, especially when it is not their case that they are not able bodied or diseased, the Court opined that, if an able-bodied person is bound to maintain his dependent wife, there is no reason why such a rule should not apply when it comes to the case of a dependent mother. The Court “with no joy in their heart”, observed that nowadays, a section of youngsters is failing to look after the aged and ailing parents and the number is swelling. “This is not a happy development”.
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Socialization of offspring of inter-caste couples not necessarily more attached to father: Kerala High Court directs KIRTADS to reconsider the matter.

In a Writ Petition challenging rejection of claim and seeking declaration that the petitioner belonged to Paniya caste and entitled to consequential benefits and issuance of community certificate, Viju Abraham, J. directed Kerala institute for Research Training & Development studies (‘KIRTADS') to reconsider the matter and submit a report afresh after giving the petitioner an opportunity of being heard and conducting proper enquiry. Read More


Madhya Pradesh High Court imposes Rs. 50,000/- cost on State for harassment of retired employees

A single bench comprising of Vivek Rusia*, J., imposed cost of Rs. 50,000/- on the respondent authorities for harassment of retired employees, senior citizens and burdening the High Court with the cases which would not have been filed, if the Government had found the ACRs earlier which was only made available on directed for personal appearance of the CMHO. Read More

[Sidhi Urination Incident] Madhya Pradesh High Court seeks reply from State in plea against the detention order against the accused

A Division bench comprising of Ravi Malimath, CJ., and Vishal Mishra, J., directed the respondents to file the reply and to procure the original record within 2 weeks. Read More


Explained| Madras High Court tie breaker verdict in Senthil Balaji habeas corpus petition

In a habeas corpus plea filed by Megala wife of V. Senthil Balaji, Minister for Electricity, Prohibition & Excise, Tamil Nadu, who was arrested by the Directorate of Enforcement (‘ED'), wherein she has prayed for a direction against ED, to produce the body of the Senthil Balaji and to set him at liberty, C.V. Karthikeyan, J. held that ED has the power to seek custody of a person arrested. Further, the Court excluded the time spent by Senthil Balaji in the Hospital from the initial 15 days' time for grant of custody to ED. It also held that the habeas corpus petition would be maintainable in exceptional circumstances, but this case does not attract any exceptional circumstance and consequently since an order of remand had been passed by a Court of competent jurisdiction, the relief sought in the petition cannot be granted. Read More

Madras HC directs State to nominate Nodal officer to deal with requests for engaging law officers, and to look after professional fee claims

In a writ appeal filed by the State against the order dated 15-11-2021 by the Single Judge, wherein the Court directed the State to sanction and pay the eligible fee payable to the respondent considering the claim made by him, within 2 weeks, the division bench of R. Suresh Kumar* and K. Kumaresh Babu, JJ. has directed the State Government to nominate a Nodal Officer in the rank of Secretary or Additional Secretary of the State Government for dealing with the requests of various departments for nomination of Advocate General and Additional Advocate General (AAG) for the appearance in important cases. Read More

Can initiation of proceedings by wife for vindication of her rights considered to be mental cruelty? Madras High Court answers

In a second appeal filed by the wife under Section 28 of Hindu Marriage Act read with Section 100 of Code of Civil Procedure, 1908 (‘CPC'), to set aside the order passed by the District Judge, wherein the Court allowed the husband's petition seeking divorce on the ground of cruelty and desertion, R.Vijayakumar, J. has opined that the divorce petition lacks pleadings with regard to the mental cruelty, desertion. The litigation initiated by the wife is only to protect her property rights and her custody of her son. When the initiation of such proceedings is for the vindication of her rights, the said proceedings can never be considered to be a ground for mental cruelty. Thus, the Court set aside the judgment and decree of the First Appellate Court and restored the judgment and decree of the Trial Court. Read More


Orissa HC seeks explanation from Judicial Officer for Sentencing Rape Convict to less than Prescribed punishment

While hearing a criminal appeal against the Judgment and Order of the Additional Sessions Judge-cum-Special Judge, Jajpur Road, wherein the convict was sentenced to undergo rigorous imprisonment for seven years for the offence under section 376(1) of the Penal Code, 1860 (‘IPC'), the Singe Judge Bench of S.K. Sahoo noted that the convict was sentenced to a punishment lesser than the prescribed punishment for the offence under Section 376(1) of the IPC and therefore sought an explanation from the Presiding Officer concerned as to how he sentenced the convict to rigorous imprisonment for seven years when the minimum sentence prescribed for the offence is ten years. Read More

Seashore Chit Fund Scam: Orissa High Court rejects Transfer petition of 19 Criminal cases to CBI Court

In a batch of transfer petitions filed by the Director of Seashore Group of Companies (‘petitioner') seeking transfer of criminal cases pending against him to the Special Judge Central Bureau of Investigation (‘CBI'), the Single Judge Bench of Dr. S. Muralidhar, CJ., dismissed the transfer petitions. Read More


“Irreversible loss if apprehension of threat to lives comes true”; Punjab and Haryana HC allows police protection for couple

In a petition seeking directions for the State to protect a couple who claimed to have married after attaining permissible age by invoking the fundamental right to life guaranteed under Article 21 of the Constitution of India, Anoop Chitkara, J. extended protection for the petitioner couple for a week with some conditions. Read More

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