HIGH COURT JULY 2023 ROUNDUP| Stories on Senthil Balaji; Adipurush Controversy; compassionate appointment in Government Jobs; S. 34 Arbitration Act and More

ALLAHABAD HIGH COURT

Allahabad High Court orders immediate release of rape convict sent to jail in same crime after undergoing entire sentence

In an appeal against the Rajan Roy, J. has ordered for an immediate release of a rape convict, who was arrested and sent to jail last year in connection with the same crime for which he already underwent a 7-year sentence, 14 years ago. The Court noted that the appellant/convict has already completed the period of his sentence as awarded by the Trial Court vide judgment dated 08-10-2003 which was 7 years rigorous imprisonment and on completion of the said sentence, was released from Central Jail, Bareilly on 14-03-2009. Read More

[Raj Narain v. State of U.P., 2023 SCC OnLine All 353]

Allahabad High Court directs State to specify steps taken towards providing women toilets, pure drinking water, fans etc. in police stations

In a Public Interest Litigation (‘PIL') preferred for a direction to the State to provide basic amenities such as toiletries, pure drinking water, proper fans, dustbins, washrooms, restrooms etc. in the police stations in Prayagraj in view of privacy and dignity of women, the division bench of Mahesh Chandra Tripathi and Gajendra Kumar,JJ. directed the Under Secretary, Home, Government of U.P. to file an affidavit indicating therein the progress towards allotment of funds and other necessary steps, which were taken in the matter. Read More

[Diksha v. State of U.P., 2023 SCC OnLine All 356]

[Adipurush Controversy] Allahabad HC directs IB Ministry to revisit issue by forming an expert committee; Seeks personal presence of Film Director and Dialogue writer

In two Public Interest Litigations (‘PILs’) seeking relief to direct the opposite parties to remove the objectionable dialogues and scenes from the Film ‘Adipurush’, which is depicting religious Gods and other icons and characters in disgusting and vulgar manner, thereby hurting the sentiments of public at large who worship those religious Gods / Icons, the division bench of Rajesh Singh Chauhan and Shree Prakash Singh, JJ. has directed the Ministry of Information and Broadcasting (‘IB Ministry’) to revisit the issue by constituting an expert committee within a week from the knowledge of this order, and to file the report of the committee along with the personal affidavit of the Secretary, IB Ministry, by the next date of listing. Further, it directed the Chairman, Board of Film Certification to file his personal affidavit apprising the Court as to whether the guidelines for certification of films for public exhibition have been followed in its letter and spirit while issuing certificate to the film. The Bench also directed the Director of the film, and the dialogues writer of the film to appear in person along with their personal affidavits explaining their bonafide. Read More

[Kuldeep Tiwari v. Union of India, 2023 SCC OnLine All 359]

Police officer duty-bound to record reasons for arrest in writing: Allahabad High Court

In a writ petition preferred for quashing the First Information Report (‘FIR') under Sections 3 read with Section 7 of the Essential Commodity Act, 1955 and for a direction to respondents not to arrest the accused/petitioner pursuant to aforesaid FIR, the division bench of Mahesh Chandra Tripathi and Prakash Padia, JJ. has said that a police officer is duty-bound to record the reasons for arrest in writing. The consequence of non-compliance with Section 41 shall certainly ensure to the benefit of the person suspected of the offence. Read More

[Rajkumari v. State of U.P., 2023 SCC OnLine All 358]

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

[X v. State of U.P., 2023 SCC OnLine All 396]

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

[Srikant Tyagi v. Union of India, 2023 SCC OnLine All 401]

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

[Shahrukh Saleem v. State of U.P., 2023 SCC OnLine All 383]

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

[Shailesh Kumar Shukla v. Union of India, 2023 SCC OnLine All 429]

Temporary, seasonal or short-term employment does not amount to unfair labour practice; Allahabad High Court denies relief to workman

In a writ petition filed, wherein the petitioner alleged that the Company had adopted “unfair labour practices” under Section 2(ra) of the Industrial Disputes Act, 1947 (‘Act'), the Single Judge Bench of Kshitij Shailendra J., has dismissed the petition on the ground that automatic cessation of services rendered by the petitioner does not fall within the definition of ‘retrenchment' and doesn't amount to unfair labour practices. Read More

[Dinesh Pal Singh v. Presiding Officer, 2023 SCC OnLine All 375]

Chairman and Vice-Chairman of Central Administrative Tribunal entitled to same retirement benefits as available to High Court Judges: Allahabad High Court

In a writ petition filed by a retired Vice Chairman of Central Administrative Tribunal, challenging the order dated 26-12-2019, passed by the State Government whereby his representation claiming the benefit of domestic help allowance has been rejected, the division bench of Devendra Kumar Upadhyaya and Om Prakash Shukla, JJ. has held that the petitioner is entitled to Domestic Help Allowance and directed the State to make available the same to the petitioner with effect from 01.03.2008 along with periodical revision, if any, within a month from the date of this order, along with the arrears of the said allowance within the next two months. However, he was not entitled to the payment of interest. Read more

[Dinesh Chandra Verma v. State of U.P., 2023 SCC OnLine All 432]

Can a married daughter apply for compassionate appointment in State Government Jobs? Allahabad High Court answers

In a writ challenging the order passed by the General Manager (Administration) of the Bank, wherein the claim of a daughter for compassionate appointment was rejected as only unmarried daughter is eligible for being offered compassionate appointment, division bench of Devendra Kumar Upadhyaya and Om Prakash Shukla, JJ. struck down the word “unmarried” occurring in the note appended to Regulation 104 of U.P. Cooperative Societies Employees' Service Regulations, 1975 (‘Regulations 1975') and also, quashed the impugned order. Read More

[Neelam Devi v. State of U.P.]

Allahabad HC grants bail to man having love affair with the deceased on absence of ingredients of abetment to suicide

In a bail application filed praying to release the accused on bail for offences under Sections 306, 504 and 506 of the Penal Code, 1860 (‘IPC'), during pendency of trial, Siddharth, J. while granting bail to the accused said that said that the accused was implicated for committing the offence of abetment of suicide of the deceased, but the ingredients of constituting such an offence also do not appear to be made out against him. Read More

[Jai Govind v. State of UP]

BOMBAY HIGH COURT

Complaint lacks specific averments to fasten vicarious liability of Company Directors; Bombay High Court quashes order against Raymond CMD

In an application questioning the correctness of order dated 19-05-2014 passed by Judicial Magistrate First Class (‘JMFC') to issue process for offences under Sections 18(1), 49 and 36(1) of the Legal Metrology Act, 2009 (‘LM Act') read with Rule 18(1) and 24 of Legal Metrology (Packaged Commodities) Rules, 2011 (‘LM Rules'), G.A. Sanap, J. quashed and set aside the said order holding that specific averments were required in the complaint regarding their role in conducting business of the company to fasten vicarious liability on Directors. Read More

[Gautam Hari Singhania v. State of Maharashtra, 2023 SCC OnLine Bom 1254]

[Section 15 of JJ Act] Inquiry for trying a juvenile as an adult must be conducted in a transparent and fair manner: Bombay High Court

In an application challenging the judgment and order dated 13-01-2020 passed by the Additional Sessions Judge dismissing appeal against the order passed by the Juvenile Justice Board (‘JJB') allowing trial of juveniles in conflict with law as adults in a heinous crime, G.A. Sanap, J. quashed and set aside the said order while eyeing at procedural lapses on part of the Juvenile Justice Board during inquiry under Section 15 of Juvenile Justice Act, 2015. Read More

[Mustafa Khan v. State of Maharashtra, 2023 SCC OnLine Bom 1285]

Regularization of unauthorized construction beyond the purview of Section 56 of MRTP Act: Bombay High Court

In a batch of petitions under Article 226 and 227 of the Constitution of India pertaining to construction raised in the premises of Agricultural Produce Market Committee (‘APMC') and orders of demolition/removal passed by the Municipal Corporation, Nitin W. Sambre and S.G. Chapalgaonkar*, JJ. refused to interfere with the said order and directed the authorities to take necessary steps for removal of illegal, unauthorized construction/encroachments raised in area of open spaces earmarked in sanctioned lay out plan. Read More

[Agricultural Produce Market Committee v. Urban Development Department, 2023 SCC OnLine Bom 1325]

Bombay High Court reprimands lawyers for degrading the legal profession by providing result-oriented services to ‘please the client'

In an application for bail for a matter involving offences under Sections 307 and 299 of Penal Code, 1860 (‘IPC'), S.G. Mehare, J. pointed out misconduct on part of the lawyers appearing for the applicant and the eyewitness and held the applicant's conduct appropriate ground for rejecting the instant application for bail. Read More

[Lakhan Pralhad Misal v. State of Maharashtra, 2023 SCC OnLine Bom 1311]

[In-service quota in NEET-PG 2023] Temporary service in rural/difficult areas cannot be counted: Bombay High Court

In a writ petition under Article 226 of Constitution of India by an MBBS doctor challenging rejection of permission to appear for National Eligibility cum Entrance Test for Postgraduate (‘NEET-PG 2023') exam while he was entitled to the benefit of weightage of marks as an in-service candidate in NEET-PG 2023 after working in rural area for more than 3 years, the Division Bench of Mangesh S. Patil* and S.G. Chapalgaonkar, JJ. dismissed the same while holding that he was not entitled to the benefits claimed. Read More

[Sandeep v. State of Maharashtra, 2023 SCC OnLine Bom 1348]

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

[Venkataraman Rajamani v. SEBI, 2023 SCC OnLine Bom 1373]

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

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

[Ashik Ramjaii Ansari v. State of Maharashtra, 2023 SCC OnLine Bom 1390]

[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

[Dilip v. State of Maharashtra, 2023 SCC OnLine Bom 1417]

“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

[Subhash Gulabchand Pawar v. Maharashtra SRTC, 2023 SCC OnLine Bom 1439]

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

[Vasudeo Sonu Patil v. State of Maharashtra, 2023 SCC OnLine Bom 1437]

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

[Indus Towers Ltd. v. Grampanchayat, 2023 SCC OnLine Bom 1472]

41 theft cases, 90+ years of imprisonment sentence prompts Bombay High Court to order release of prisoner

For what the Court described a glaring case warranting interference filed by the petitioner aged 30 years through the Legal Services Authority seeking directions to concurrently run the sentences of imprisonment awarded by different Courts in 41 cases and set aside the fine amounting to Rs 1,26,400 in those cases, the Division Bench of Revati Mohite Dere* and Gauri Godse, JJ. ordered the release of petitioner in all 41 cases against the existing sentence which required the petitioner to undergo imprisonment of more than 90 years. Read more

[Aslam Salim Shaikh v. State of Maharashtra, 2023 SCC OnLine Bom 1446]

WhatsApp status should be communicated responsibly; Bombay High Court rejects application for quashing of FIR under SC/ST Act

In an application under Section 482 of Criminal Procedure Code, 1973 (‘CrPC') seeking to quash First Information Report (‘FIR') for offences punishable under Sections 295-A of Penal Code, 1860 (‘IPC'), 3(1)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (‘SC ST Act'), and 67-A of Information Technology Act, 2000 (‘IT Act'), Vinay Joshi* and Valmiki S.A. Menezes, JJ. rejected the same since the applicant indeed posted a WhatsApp status and investigation was underway. Read more

[Kishor v. State of Maharashtra, 2023 SCC OnLine Bom 1515]

Power to seal cannot be exercised unless expressly conferred by law: Bombay High Court

In a petition seeking urgent relief to unseal the petitioner's office premises while challenging the authority and jurisdiction of the Assistant Commissioner of Customs to seal the said premises while exercising powers under Section 105 of the Customs Act, 1962 (‘Customs Act') without any notice, the Division Bench of G.S. Kulkarni* and Jitendra Jain, JJ. directed the Customs authorities to unseal the premises and search for the relevant material in the presence of petitioner's representatives. Read More

[Narayan Power Solutions v. Union of India]

Motor Vehicle Accident Claim | Bombay HC upholds consideration of IT return for Financial Year before death for calculating deceased's income

In a first appeal preferred by New India Assurance Company under Section 173 of Motor Vehicles Act, 1988 (‘MV Act') against judgment and award passed by Motor Accident Claims Tribunal, Pune (‘MACT') on 20-08-2019, primarily on the ground that MACT erred in considering the deceased's income tax return (‘IT return') filed after his death, Abhay Ahuja, J. dismissed the same. Read more

[New India Assurance Co. v. Kavita Jitendra Pawar, 2023 SCC OnLine Bom 1494]

Circumstantial Evidence Acquittal: Why did Bombay High Court acquit a woman accused of killing her husband's second wife?

In an appeal under Section 374 of Criminal Procedure Code, 1973 (‘CrPC') assailing the judgment and order of conviction passed by the Trial Court on 2-06-2016 which held the appellant guilty and convicted for offences punishable under Sections 302 and 201 of Penal Code, 1860 (‘IPC'), the Division Bench of Vibha Kankanwadi and Abhay S. Waghwase, JJ. highlighted the failure of prosecution to prove circumstances beyond reasonable doubt and extended benefit of doubt towards the appellant. Read More

[Usha v. State of Maharashtra, Criminal Appeal]

Bombay High Court grants bail to a man accused of killing live-in partner and cutting her body parts

In an application under Section 439 of Criminal Procedure Code, 1973 (‘CrPC') seeking bail in a matter involving offences under Section 201, 302, 392, 397, 44 of Penal Code, 1860 (‘IPC') and Section 37(1)(3), 135 of Maharashtra Police Act, 1951 read with Section 4(25) 27 of Arms Act, 1959, Amit Borkar, J. found prima facie insufficiency of evidence to warrant the applicant's further detention, who was arrested on 24-08-2021. Read More

[Hanumant Ashok Shinde v. State of Maharashtra]

CALCUTTA HIGH COURT

[West Bengal Panchayat Election 2023] Calcutta High Court passes an interim order to stay CBI probe in nomination paper tampering case

A Division bench comprising of Arijit Banerjee and Apurba Sinha Ray, JJ., stayed the direction for CBI inquiry regarding the allegation of tampering with the nomination papers filed for upcoming W.B. Panchayat Elections by the Panchayat Returning Officer. Read More

[District Magistrate of Howrah v. Kashmira Begam Khan, 2023 SCC OnLine Cal 1815]

West Bengal Panchayat Elections 2023: Calcutta High Court upholds Single bench's order quashing NHRC order appointing ‘Special Human Rights Observer'

A Division Bench comprising of T.S. Sivagnanam, CJ., and Hiranmay Bhattacharyya, J. upheld Single bench's order of quashing National Human Rights Commission's (NHRC) order appointing ‘Special Human Rights Observer' for upcoming West Bengal Panchayat Elections and held that the same amounts to encroaching the jurisdiction of the West Bengal State Election Commission (SEC). Read More

[National Human Rights Commission v. W.B. State Election Commission, 2023 SCC OnLine Cal 1848]

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

[Jaldhi Overseas Pte Ltd. v. Steer Overseas (P) Ltd., 2023 SCC OnLine Cal 1628]

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

[Homevista Decor & Furnishing (P) Ltd. v. Connect Residuary (P) Ltd., 2023 SCC OnLine Cal 1405]

West Bengal Panchayat Election 2023: Calcutta High Court demands response from SEC on alleged violence in State after declaration of election results

While deciding a matter related to alleged violence occurred during the West Bengal Panchayat elections, a Division bench comprising of T.S. Sivagnanam, CJ., and Hiranmay Bhattacharyya, J., made it absolutely clear to the State Election Commission (SEC) and all the candidates, who have been declared elected that “their declaration of having been elected is subject to further orders to be passed by this Court in these writ petitions as well as in the connected matters.” Read More

[Farhad Mallick v. W.B. State Election Commission, 2023 SCC OnLine Cal 2012]

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

In a case related to 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

[Saturday Club Ltd. v. CIT, 2023 SCC OnLine Cal 1931]

[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

[Soumen Nandy v. State of W.B., 2023 SCC OnLine Cal 2029]

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

[New India Assurance Co. Ltd. v. Winsome International Ltd., 2023 SCC OnLine Cal 2090]

WB Teacher Recruitment Scam| Calcutta High Court refers TMC leader Abhishek Banerjee's plea against CBI-ED probe to the Chief Justice after ED's objection

In a case related hearing a plea filed by TMC leader and MP Abhishek Banerjee against an order allowing the CBI and ED to summon him in connection to teacher recruitment scam case in the State of West Bengal, a Single bench comprising of Tirthankar Ghosh,* J., referred the matter before the Chief Justice of High Court at Calcutta to decide the preliminary objection raised by the Additional Solicitor General appearing on behalf of the ED as to determination of the present revision application by this Court. Read More

[Abhishek Banerjee v. Directorate of Enforcement, 2023 SCC OnLine Cal 2107]

Continuous beating of drums day and night illegal; Calcutta High Court issues directions to regulate noise pollution during festivals

A Division bench comprising of T.S. Sivagnanam*, CJ., and Hiranmay Bhattacharyya, J., held that continuous beating of drums throughout day and night during Muharam it is illegal and contrary to the relevant rules and issued direction to police and West Bengal Pollution Control Board to issue a public notice regulating the same. Read More

DELHI HIGH COURT

Dishonour of Cheque: Delhi High Court sets aside summon order due to lack of specific allegations against directors in the complaint

The petitions were filed under Section 482 of Criminal Procedure Code (CrPC) seeking quashing of summon orders dated 08-03-2017 passed by the Metropolitan Magistrate, District Courts, in respective complaints seeking prosecution of the petitioners under section 138 Negotiable Instruments Act, 1881. Anup Jairam Bhambhani, J., quashed the summoning orders and sets aside all the proceedings arising from the summoning orders insofar as they relate to the petitioners. Read More

[Sashi Kumar Nagaraji v. Magnifico Minerals (P) Ltd., 2023 SCC OnLine Del 3673]

Delhi High Court denies bail to former Deputy Chief Minister Manish Sisodia in Delhi Liquor Excise Policy Scam

In a case wherein this Court was considering the bail application of the petitioner, Manish Sisodia, who was arrested for the offence under Section 3 of the Prevention of Money Laundering Act, 2002 (‘PMLA'), a Single Judge Bench of Dinesh Kumar Sharma, J.*, opined that in view of the high political positions held by the petitioner and his position in the party in power in Delhi, possibility of influence the witnesses could not be ruled out. The Court further opined that the petitioner had not only been able to pass the twin conditions as provided under Section 45 of PMLA, but he had also not been able to cross the triple test. Thus, the Court dismissed the present petition and held that the petitioner was not entitled to bail. Read More

[Manish Sisodia v. Directorate of Enforcement, 2023 SCC OnLine Del 3770]

‘Did not fulfil statutory criteria'; Delhi High Court dismisses plea for continuing MD course after the expiry of prescribed “span period”

The questions involved herein were (a) whether the petitioner, who after completing more than two years of the three years M.D. (Radiodiagnosis) course, left the same to join Indian Revenue Service (Income Tax) could be allowed to complete his MD course after the expiry of “span period” prescribed for completing the same, and (b) whether the petitioner was entitled to the benefit of “centenary chance” offered by the University of Delhi (‘University') to all its students who could not complete their degree. A Single Judge Bench of Vikas Mahajan, J.*, opined that the petitioner could not claim any right to complete the MD course beyond the prescribed span period, in the absence of any provision to relax the same. Further, the Court held that the University was justified in not permitting the petitioner to avail the centenary chance examination, as he did not fulfil the statutory criteria prescribed under the Post-Graduate Medical Regulations, 2000 (‘Regulations'). Read More

[Ranjan Agrawala v. University of Delhi, 2023 SCC OnLine Del 3762]

‘Order punishing doctor for falsification of record must be precise and exact'; Delhi High Court sets aside order by Medical Council

In a writ petition filed under Article 226 of Constitution of India by a practicing radiologist challenging order dated 20-03-2010 issued by the Ethics Committee of Medical Council of India (‘MCI') directing temporary removal of the petitioner's name from the Indian Medical Register, C. Hari Shankar, J. set aside the said order since the doctor was never given a chance to plead against falsification of record but medical negligence, which the petitioner had already been discharged of by MCI. Read More

[Pramod Batra v. Medical Council of India, 2023 SCC OnLine Del 3759]

Delhi High Court restrains Glemark Pharmaceuticals from using “INDAMET” mark; grants injunction to Sun Pharma for its mark “INSTAMET”

In a case wherein Sun Pharma Laboratories Ltd. (‘Sun Pharma') and Glenmark Pharmaceuticals Ltd. (‘Glenmark'), the two giants of the pharmaceutical industry in India were contesting their right to use drug names “ISTAMET” and “INDAMET” (‘impugned mark'), respectively, which Sun Pharma found to be deceptively similar and confusing, a Single Judge Bench of Sanjeev Narula, J.*, opined that “INDAMET” mark was deceptively similar to “ISTAMET” mark, both structurally and phonetically. Thus, the Court directed that during the pendency of this suit, Glenmark, including any parties acting on their behalf, were restrained from manufacturing, offering for sale, selling, displaying, advertising, marketing, directly or indirectly, any medicinal/pharmaceutical preparations bearing the impugned mark, “INDAMET” or any other mark which was identical/ deceptively similar to Sun Pharma's registered mark “ISTAMET XR CP”. Read More

[Sun Pharma Laboratories Ltd. v. Glenmark Pharmaceuticals Ltd., 2023 SCC OnLine Del 3786]

Delhi High Court dismisses PIL seeking quashing of RBI notification regarding withdrawal of 2000 banknotes from circulation

In a PIL filed by the petitioner seeking an appropriate writ, order or direction for quashing the notification issued by the Reserve Bank of India vide press release dated 19-05-2023 and all other subsequent notifications whereby the RBI has taken arbitrary unreasonable decision to withdraw the Rs. 2000 denomination banknotes from circulation under the clean note policy. A division bench of Satish Chandra Sharma, CJ., and Subramonium Prasad, JJ., held that the RBI was well within its power to issue the Notification as it is only a direction to the banks not to issue Rs. 2000 banknotes which is well within the right of the RBI. Read More

[Rajneesh Bhaskar Gupta v. RBI, 2023 SCC OnLine Del 3819]

Delhi High Court directs Indian Coast Guard to make a seat available to the non-merit candidate in the interest of justice

A petition was filed by the petitioner against the reply/rejection dated 27-12-2022 written by the respondents, whereby the petitioner's candidature for appointment to the post of Assistant Commandant (General Duty) in Indian Coast Guard was canceled. A division bench of Suresh Kumar Kait and Neena Bansal Sharma, JJ., directed the respondents to consider the case of the petitioner for appointment with 02/2023 batch, but having the seniority and consequential benefits of 01/2023 batch and in case no vacancy is available, respondents are directed to create one seat for petitioner with 01/2023 batch. Read More

[Vinayak Sharma v. Indian Coast Guard, 2023 SCC OnLine Del 3760]

Delhi High Court dismisses PIL challenging method of empanelment of Government Advocates by calling it a ‘Publicity Interest Litigation'

A petition was filed under Article 226 by the petitioner who is an Advocate and seeks to challenge the method of empanelment of Advocates to represent the Union of India contending that the size of the panel to represent the Government of India is not fixed and the Government does not invite applications for appointment or renewal of the panel and that the appointment of Advocates as Government Counsel is contrary to the law. A division bench of Satish Chandra Sharma and Subramonium Prasad, JJ., dismissed PIL and held that no public interest is involved in the present petition but benefits the petitioner to settle his personal score. Read More

[Rajinder Nischal v. Union of India, 2023 SCC OnLine Del 3806]

‘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

[Bayer Healthcare LLC v. NATCO Pharma Ltd., 2023 SCC OnLine Del 3921]

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

[Uniseven Engineering & Infrastructure (P) Ltd. v. Micro & Small Enterprises Facilitation, 2023 SCC OnLine Del 3889]

Delhi High Court upholds revocation of PepsiCo India's registration in 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

[PEPSICO India Holdings (P) Ltd. v. Kavitha Kuruganti, 2023 SCC OnLine Del 3912]

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

[Kinri Dhir v. Veer Singh, 2023 SCC OnLine Del 4053]

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

‘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

[Krishna Kishore Singh v. Sarla A Saraogi, 2023 SCC OnLine Del 3997]

[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

[Himalaya Wellness Co. v. Wipro Enterprises (P) Ltd., 2023 SCC OnLine Del 4035]

Can CCI under Competition Act inquire into the actions of patentee who asserts his rights after patent being issued in India? Delhi High Court clarifies

Four appeals and a writ petition were filed seeking clarification on a common question of a far-reaching implications when a patent is issued in India, and the patentee asserts such rights, can the Competition Commission of India (CCI) inquire into the actions of such patentee in the exercise of its powers under the Competition Act, 2002 (Competition Act). A Division Bench of Najmi Waziri and Vikas Mahajan, JJ., quashed the proceedings initiated by the Competition Commission of India for want of power. The Court further held that the Patents Act is a special law, and it must prevail over the Competition Act which is a general law. Read More

[Telefonaktiebolaget LM Ericsson (PUBL) v. Competition Commission of India, 2023 SCC OnLine Del 4078]

Teachers of unaided private schools are entitled to same pay as government schools: Delhi High Court

In a case wherein an appeal was filed challenging the order dated 14-12-2021, whereby a writ petition filed by three teachers seeking payment of 7th Central Pay Commission was allowed, the Division Bench of Manmohan* and Mini Pushkarna, JJ., had set aside the appeal and held that the teachers of unaided private schools were entitled to same pay and emoluments as those of government schools. Read More

[Bharat Mata Saraswati Bal Mandir Senior Secondary School v. Vinita Singh, 2023 SCC OnLine Del 3934]

Delhi High Court | Non-consideration of a clause in a concession agreement not an error that goes into the root of the award; cannot amount to patent illegality

An appeal was filed under Section 37 of the Arbitration and Conciliation Act against the judgment dated 29-10-2021 passed by the Single Judge setting aside the arbitral award on the ground that the same is contrary to the express terms of the contract in a petition filed by the respondent under Section 34 of the Arbitration Act challenging the arbitral award dated 02-11-2019. A division bench of Satish Chandra Sharma, CJ., and Subramonium Prasad, J., held that the findings of the majority of the Arbitral Tribunal is a view that is reasoned and plausible and interference by a Court under Section 34 of the Arbitration Act was not necessary. Read More

[National Highways Authority of India v. GVK Jaipur Expressway (P) Ltd., 2023 SCC OnLine Del 3790]

[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

[Satluj Jal Vidyut Nigam Ltd. v. Jaiprakash Hyundai Consortium, 2023 SCC OnLine Del 4039]

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

[Ankur Abbot v. Ekta Abbot, 2023 SCC OnLine Del 4074]

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

[CIT v. Springer Nature Customer Services Centre, 2023 SCC OnLine Del 4037]

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

[Pernod Ricard India (P) Ltd. v. State (NCT of Delhi), 2023 SCC OnLine Del 4200]

‘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

[Ajit Singh v. State, 2023 SCC OnLine Del 4011]

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

[Tarun Kumar v. Directorate of Enforcement, 2023 SCC OnLine Del 4173]

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

[Chelakara Ramaswamy v. Union of India, 2023 SCC OnLine Del 4080]

[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

[Rxprism Health Systems (P) Ltd. v. Canva PTY Ltd., 2023 SCC OnLine Del 4186]

Delhi High Court imposes costs on IIT Kanpuralumni 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

[Naresh Sharma v. Union of India, 2023 SCC OnLine Del 4254]

Delhi High Court declares ‘SUPREME' red-box device mark as a ‘well-known' trade mark for apparel and clothing

A Single Judge Bench of Prathiba M. Singh, J.*, opined that based on the reputation in the red-box device mark ‘SUPREME ‘, the plaintiff had acquired a ‘well-known’ status and thus, passed a decree of declaration declaring the red-box device mark as a `well-known’ mark in respect of apparel and clothing. Further, since the word ‘SUPREME’ was a dictionary word, the declaration of well-known was limited to the ‘SUPREME’ red-box logo and not the word itself. Read More

Delhi High Court grants interlocutory injunction in favour of Zenith Dance Institute (P) Ltd. for its mark ‘ZENITH'

In a civil suit filed by the plaintiff, Zenith Dance Institute (P) Ltd. seeking injunctive relief, a Single Judge Bench of C. Hari Shankar, J.*, held that the plaintiff was entitled to interlocutory injunction as the marks of the defendant, Zenith Dancing and Music infringed the registered mark of the plaintiff, within the meaning of Section 29(2)(b) of the Trade Marks Act, 1999 ( ‘TM Act'). Read More

[Zenith Dance Institute (P) Ltd. v. Zenith Dancing & Music, 2023 SCC OnLine Del 4156]

Delhi High Court orders Tehelka, Tarun Tejpal to pay Rs. 2 crore compensation to a Major General in a defamation suit

A suit was filed by an army officer with a record of impeccable integrity for 36 years, challenging claims made in a media blitz launched that a bribe of Rs. 50,000/- was paid to the plaintiff by defendant 4. Neena Bansal Krishna, J., awarded damages in the sum of Rs. 2,00,00,000/- (Rupees Two Crores) to the plaintiff to be paid by defendants 1 to 4 for having caused defamation, along with the costs of the suit as the plaintiff not only faced a lowering of estimation in the eyes of public but his character also got maligned with serious allegations of corruption which no subsequent refutation can redress or heal. However, the Court dismissed the suit against defendants 5 to 7 as the plaintiff has not been able to prove any act of defamation on the part of defendants 5 to 7. Read more

[M.S. Ahluwalia v. Tehelka.Com, 2023 SCC OnLine Del 4275]

GUJARAT HIGH COURT

[2002 Godhra Riots] Gujarat HC rejects Regular Bail plea of Civil Rights Activist Teesta Setalvad

In an application filed under Section 439 of the Code of Criminal Procedure, 1973 (‘Cr.P.C.') by activist Teesta Atul Setalvad/applicant, wherein she was seeking regular bail in respect of First Information Report (‘FIR') for offences punishable under Sections 468, 469, 471, 194, 211, 218 and 120-B of the Penal Code, 1860 (‘IPC'), the Single Judge Bench of Nirzar S. Desai, dismissed the application for regular bail and directed Teesta Setalvad to surrender immediately. Read More

[Teesta Atul Setalvad v. State of Gujarat, 2023 SCC OnLine Guj 1997]

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

[Mehul Sureshkumar Champaneria v. Veer Narmad South Gujarat University, 2023 SCC OnLine Guj 2175]

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

[Minaben v. State of Gujarat, 2023 SCC OnLine Guj 2181]

‘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

[Hasan Ahmed Charkha v. State of Gujarat, 2023 SCC OnLine Guj 2285]

“If the Motive for Crime was Not a Casteist Attack, a Person Cannot Be Dragged for Offence Under SC and ST (Prevention of Atrocities) Act”: Gujarat HC

In a writ petition filed under Section 482 of the Code of Criminal Procedure, 1973 (‘CrPC') for quashing a First Information Report (‘FIR') filed against the petitioner for offences under Section 323 and 506(2) of the Penal Code, 1860 (‘IPC') and Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (‘SC and ST Act'), the Single Judge Bench of Sandeep N. Bhatt allowed the petition and quashed the impugned FIR against the petitioner. Read More

[Jivanbhai Nagjibhai Makwana v. State of Gujarat, 2023 SCC OnLine Guj 2306]

HIMACHAL PRADESH HIGH COURT

Muck Dumping case: Himachal Pradesh High Court directed to initiate appropriate disciplinary action against responsible officials

While feeling shocked over the fact that there are five of the illegal dumping sites are in the catchment areas, a division bench comprising of M.S. Ramachandra Rao, CJ., and Ajay Mohan Goel, J., directed the Engineer-in-Chief, HPPWD to identify the responsible officials and initiate appropriate disciplinary against them. Read More

[Sanjeevan Singh v. State of H.P., 2023 SCC OnLine HP 766]

[Luhri Hydroelectric Project] Himachal Pradesh HC directs DLSA to submit report of muck dumping and damage caused to rock above village Narola

In a writ petition concerning muck dumping the division bench of M.S. Ramachandra Rao C.J. and Ajay Mohan Goel J. has directed Secretary, District Legal Service Authority (‘DLSA') to visit the spot and submit a report of muck dumping along with the damage caused to the rock above village Narola. Further, directed Registrar of the IIT Roorkee to provide Geology teaching faculty for inspecting the site in question. Read More

[Court on its own motion v. H.P. State Pollution Control Board, 2023 SCC OnLine HP 765]

District Court must examine whether pre-deposit of 75% of award under Section 19 of the MSME Act is actually deposited: Himachal Pradesh High Court

A single bench comprising of Jyotsna Rewal Dua,* J., held that the District Judge should first examine whether the 75% of the award amount is actually deposited before allowing an application preferred under Section 19 of the Micro, Small and Medium Enterprises Development Act, 2006 (MSMD Act). Read More

[Pratap Industries Products v. Hindustan Construction Co. Ltd., 2023 SCC OnLine HP 746]

Himachal Pradesh HC seeks response from Union on its intention to ensure that NHAI officials do not permit muck dumping in forest areas and water bodies

In a writ petition filed against the illegal dumping of muck in the forest area by the contractors of National Highways Authority of India (‘NHAI'), a division bench of M.S. Ramachandra Rao CJ. and Ajay Mohan Goel J. has impleaded Union of India as respondents, seeking response as to what it intends to do to ensure that the officials of NHAI do not permit muck dumping either in the forest areas of the State or water bodies and for removal of the muck already dumped by their contractors. Read More

[Fourlane Visthapit & Prabhavit Samiti v. State of H.P., 2023 SCC OnLine HP 745]

Himachal Pradesh High Court Dismisses Petition challenging Prescribed Age Limit for appointment of Assistant District Attorneys

While hearing a batch of Civil Writ Petitions, wherein, the petitioners were seeking to declare Clause-6 of the Himachal Pradesh Prosecution Department, Assistant District Attorney, Class-I (Gazetted), Recruitment and Promotion Rules, 2017 (‘the Rules, 2017') as ultra vires of the Constitution of India, the Division bench of Tarlok Singh Chauhan, Satyen Vaidya*, JJ., the Court dismissed the petitions and said that there was nothing arbitrary, discriminatory or illegal in the action of the respondents. Read More

[Rakesh Kumar v. State of H.P., 2023 SCC OnLine HP 739]

Mother is entitled to Custody of Minor Children after Father's death, unless declared incompetent or disentitled: Himachal Pradesh HC

In a petition filed under Section 482 of the Code of Criminal Procedure, 1973 (‘Cr.P.C'), against the Order of the Sub-Divisional Magistrate, Nalagarh, wherein it was held that the respondent 1/ mother, being the legal guardian of her minor sons was entitled to their custody, the Single Judge Bench of Vivek Singh Thakur*, J., dismissed the petition and granted the custody of the two minor children to their mother. Read More

[Lajwanti v. Priti Devi, 2023 SCC OnLine HP 725]

Selection of Auditors for Cooperative banks: Himachal Pradesh High Court upholds NABARD's guidelines

In a writ petition filed challenging the guidelines issued by National Bank for Agriculture and Rural development (‘NABARD') for the selection of statutory auditors for cooperative banks, a division Bench of M.S. Ramachandra Rao CJ. and Ajay Mohan Goel J., dismissed the petition and upheld the guidelines issued by NABARD, as the conditions imposed were reasonably relevant and had rational nexus with the functions and duties attached to the post of auditors. Read More

[Yogesh Verma v. State of H.P., 2023 SCC OnLine HP 726]

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

[State of H.P. v. Rajinder Fishta, 2023 SCC OnLine HP 789]

JAMMU AND KASHMIR AND LADAKH HIGH COURT

Does harassment of wife due to sarcastic remarks attracts penal provisions for abetment to suicide per se? J&K and Ladakh HC answers

While deciding the instant appeal wherein the Court had to determine that whether the husband was guilty of instigating or intentionally aiding the victim to commit suicide; the Bench of Rajesh Sekhri, J.*, opined that mere harassment of a wife by her husband or in-laws due to matrimonial discord or sarcastic remarks per se does not attract Section 306 of Ranbir Penal Code. Read More

[State of J&K v. Tariq Hussain, 2023 SCC OnLine J&K 324]

JHARKHAND HIGH COURT

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

[Ashok Yadav v. State of Jharkhand, 2023 SCC OnLine Jhar 1038]

Misuse of Section 498-A, IPC by implicating husband's relatives in matrimonial disputes; Jharkhand High Court quashes criminal complaint

In a petition filed under Section 482 of Criminal Procedure Code, 1973 (‘CrPC') for quashing entire criminal proceedings filed against the complainant's brothers-in-law and sisters-in-law in a case of Section 498-A of Penal Code, 1860 (‘IPC'), including order of cognizance dated 29-09-2011 pending in the Court of Chief Judicial Magistrate, Sanjay Kumar Dwivedi, J. allowed the same to quash entire criminal proceedings while expressing concern over misuse of Section 498-A of IPC and implicating relatives of the husband in matrimonial disputes. Read More

[Umesh Kumar v. State of Jharkhand]

KARNATAKA HIGH COURT

“Wife is not supposed to sit idle and seek entire maintenance from her husband”; Karnataka HC rejects petition challenging reduction of maintenance

While considering the instant revision petition challenging the reduction of maintenance granted to the petitioner-wife; the Bench of Rajendra Badamikar, J.*, rejected the petition and taking note of the facts stated that the petitioner-wife is not supposed to sit idle and seek entire maintenance from her husband and she is also legally bound to make some efforts to meet her livelihood and can seek only supportive maintenance from her husband. Read More

[Shilpashree J.M. v. Gurumanjunatha A.S., 2023 SCC OnLine Kar 36]

Gender cannot be a ground for bail when the alleged offence is grave in nature; Karnataka High Court dismisses bail petition

While deliberating over the instant petition seeking to enlarge the petitioner on bail in a murder case, the Bench of Mohammad Nawaz, J.*, dismissed the petition noting that there is a prima facie case against the petitioner. It was further noted that the offence alleged is grave in nature; therefore, merely because the petitioner is a woman is not a ground to enlarge her on bail. Read More

[Dilli Rani v. State of Karnataka, 2023 SCC OnLine Kar 35]

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

[Rajesh K.S.N. v. State, 2023 SCC OnLine Kar 38]

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”. Read More

[Gopal v. Commr., 2023 SCC OnLine Kar 37]

Complaint under S. 498-A, IPC filed by the second wife against the husband and in-laws cannot be maintainable: Karnataka High Court

While deciding the instant matter filed by the accused (‘husband') being aggrieved by the conviction under Section 498-A of Penal Code, the Bench of S. Rachaiah, J.*, pointed out that the complaint against the husband was filed by his second wife whereas “woman” in Section 498-A, Penal Code, 1860 means and includes a legally wedded wife. Therefore, complaint filed by the second wife against the husband and her in-laws cannot be maintainable. The Court further relied on Supreme Court precedents on the point which had clearly indicated that if the marriage between the husband and wife ended as null and void, the offence under Section 498-A of Penal Code, 1860 cannot be sustained. Read More

[Kantharaju v. State of Karnataka]

KERALA HIGH COURT

Objective of Section 125 CrPC to ameliorate sufferings of destitute wives, children; technicalities have no place in maintenance cases: Kerala High Court

In a petition challenging order passed by the Family Court allowing application for amendment in pleadings in an ongoing Maintenance Case filed by the petitioner's wife and minor child, V.G. Varun, J. dismissed the instant petition with the opinion that the objective of Section 125 CrPC is to ameliorate the sufferings of destitute wives and children, and that technicalities have no place in maintenance cases. Read More

[Govindarajan v. Vidya, 2023 SCC OnLine Ker 4741]

‘Employee had no role in drawing excess amount in increment'; Kerala High Court upholds KAT order restricting any recovery of excess pay

In a petition challenging the order and judgment dated 7-11-2017 passed by the Kerala Administrative Tribunal (‘KAT') allowing challenge against recovery of excess pay and holding that no recovery can be made, Alexander Thomas and C. Jayachandran*, JJ. upheld the said order and expressed that the respondent lacked any knowledge that the amount being paid to her was more than what she was entitled to. Read More

[State of Kerala v. Seena M., 2023 SCC OnLine Ker 4491]

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

[V.O. Mathew v. Aliesha, 2023 SCC OnLine Ker 4984]

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

[G. Vishakan v. State of Kerala, 2023 SCC OnLine Ker 5188]

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

[Rebeka Mathai v. State of Kerala, 2023 SCC OnLine Ker 5200]

‘Prosecution has a duty to explain delay in producing contraband and its condition': Kerala High Court acquits convict under Abkari Act

In a Criminal Revision Petition directed against the judgment passed by the Appellate Court to confirm the Trial Court's decision for matter under Section 8(1) and (2) of Abkari Act, Dr. Kauser Edappagath, J. highlighted the unexplained delay of 8 days in producing contraband articles or the details of condition in which the same were kept and acquitted the petitioner by setting aside the impugned judgment. Read More

[Sabu K. Paul v. State, 2023 SCC OnLine Ker 5582]

MADHYA PRADESH HIGH COURT

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

[Naresh Sinha v. State of M.P., 2023 SCC OnLine MP 2063]

[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

[Kanchan Shukla v. State of M.P., 2023 SCC OnLine MP 2067]

POCSO| Madhya Pradesh High Court urges Centre to decrease the age of consent of the prosecutrix from 18 years to 16 years for sexual offences

A single bench comprising of Deepak Kumar Agarwal,* J., held that in the present case the prosecutrix was physically and mentally developed and therefore could make conscious decisions with regards to her well-being. Read More

[Rahul Chandel Jatav v. State of M.P.]

Temporary Appointees cannot claim regularization based on past performance or long service: Madhya Pradesh High Court

In a matter related to non-renewal of contract of a contractual employee on account of unsatisfactory performance, a Single bench comprising of Sanjay Dwivedi,* J., held that “claiming regularization on the basis of past performance and long service is not proper because the order of appointment is very specific that the appointment of the petitioner was purely on temporary basis and was coterminous with the project.” Read More

[Saroj Gupta v. State of M.P., 2023 SCC OnLine MP 1683]

MADRAS HIGH COURT

Madras HC split verdict in Habeas Corpus plea filed by Senthil Balaji's wife against his arrest by ED: Decoding Justice Nisha Banu's opinion

In a habeas corpus petition filed by Megala, wife of V Senthil Balaji, Minister for Electricity, Prohibition & Excise, Tamil Nadu against his arrest by the Directorate of Enforcement (‘ED') for money laundering in cash for job scam case, the division bench of J Nisha Banu and Justice Bharatha Chakravarthy, JJ. delivered a split verdict. Further, placed the matter before the Chief Justice for further orders. Read More

[Megala v. State, 2023 SCC OnLine Mad 4371]

Madras High Court directs State Transport Corporation to reinstate bus conductor terminated due to non-issuance of ticket

In a writ petition filed to quash an order passed by the Tamil Nadu State Transport Corporation (‘TNSTC'), wherein the corporation terminated petitioner's services considering the earlier charges for which the petitioner was already punished; and to quash the same as illegal, arbitrary and capricious. Further, to direct TNSTC to reinstate the petitioner with continuance of service and backwages with attendant benefit and to provide employment as per the provisions of law, P.B. Balaji, J. while quashing the impugned order , directed TNSTC to reinstate the petitioner with continuance of service and back wages together with all attendant benefits within a period of six weeks from the date of receipt of this order. Read More

[A. Ayyanar v. T.N. STC (Villupuram) Ltd., 2023 SCC OnLine Mad 4365]

Madras HC split verdict in Habeas Corpus plea filed by Senthil Balaji's wife against his arrest by ED: Decoding Justice D. Bharatha Chakravarthy's opinion

In a habeas corpus petition filed by Megala, wife of V Senthil Balaji, Minister for Electricity, Prohibition & Excise, Tamil Nadu against his arrest by the Directorate of Enforcement (‘ED') for money laundering in cash for job scam case, the division bench of J Nisha Banu and Justice Bharatha Chakravarthy, JJ. delivered a split verdict. Further, placed the matter before the Chief Justice for further orders. Read More

[Megala v. State, 2023 SCC OnLine Mad 4371]

Read why Madras High Court stayed Single Judge's order directing Madras Bar Association to pay Rs. 5 lakh compensation for discriminating against non-member

In an appeal against the order dated 22-06-2023 passed in Elephant G. Rajendran v. The Registrar General, 2023 SCC OnLine Mad 4095 by the Single Judge, for seeking stay of operation of the said order, the division bench of S.S. Sundar* and K. Rajasekar, JJ., has stayed the Single Judge's order directing the Madras Bar Association to pay compensation of Rs. 5 lakhs, after an Advocate was prevented from drinking water from Madras Bar Association premises, on the ground that he was not a member of the MBA. Read More

[Secretary v. Elephant G. Rajendran, 2023 SCC OnLine Mad 4372]

Classic case of lethargic attitude of bureaucrats in India; Madras HC directs DGP to examine representation by Inspector for release of salary

In a writ petition filed to direct the Director General of Police (‘DGP') to release the salary and benefits, which has to be paid to the petitioner in the interest of justice, Battu Devanand, J. has held that the DGP has failed to discharge his duty to consider and pass appropriate orders on the representation submitted by the petitioner, which is illegal, unjust, arbitrary, irrational and violation of Article 21 of the Constitution of India. Thus, the Court directed the DGP to examine the representation dated 14-12-2019 submitted by the petitioner and take appropriate action within a period of one week from the date of this order. Read More

[M.A. Ranjith v. State of T.N., 2023 SCC OnLine Mad 4366]

Sensitise all PPs across the State to deal with final reports, placed before them for scrutiny, at the earliest; Madras HC directs Director of Prosecution

In an appeal, the division bench of M.S. Ramesh and N. Anand Venkatesh*, JJ. has reiterated that the final report placed for scrutiny before the Public Prosecutor (‘PP') is not for the purpose of getting an opinion from the PP and this procedure should be adopted only to ensure that the final report is filed before the Court in an effective manner and is legally sustainable. It is not necessary that this procedure has to be adopted in all cases and it can be restored to serious crimes. Thus, the Court directed the Director General of Police, Tamil Nadu (‘DGP') to issue a clarificatory Circular. Read More

[Satheesh Kumar v. State, 2023 SCC OnLine Mad 4258]

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

[Kajendran v. Superintendent of Police]

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

[Loyola Selva Kumar v M.Sharon Nisha]

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

[ Sv.Rm. Ramanathan v. State, 2023 SCC OnLine Mad 4522]

[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

[Sangeetha Caterers & Consultants LLP v. New Sangeetha Restaurant, 2023 SCC OnLine Mad 4477]

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

[Megala v. State, 2023 SCC OnLine Mad 4641]

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

[State of T.N. v. S. Ramasamy, 2023 SCC OnLine Mad 4742]

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

[Chandra v. Selvara]

Burial at non-designated land contravenes TN Village Panchayats Burial Rules: Madras High Court

In a writ appeal dealing with the question that whether, under the Tamil Nadu Village Panchayats (Provision of Burial and Burning Grounds) Rule, 1999 (‘Rules 1999′), the burial can take place at a place other than the designated land, more particularly when the designated land exists in the village, the full bench of R. Mahadevan , Dr. G. Jayachandran* and Mohammed Shaffiq, J. held that under Rules 1999, the burial cannot take place at a place other than the designated land. Read More

[Jagadheeswari v. B. Babu Naidu, 2023 SCC OnLine Mad 4773]

Read why Madras High Court denied conducting fresh preliminary inquiry against Former CM Edappadi Palaniswami in Highway Tender Scam

In a petition filed by Indian Politician R.S Bharathi under Section 482 of the Criminal Procedure Code, 1973 to direct the Director of Vigilance and Anti-Corruption (‘DVAC') to register and investigate the complaint against former Chief Minister EK Palaniswami regarding the Highway tender scam, N. Anand Venkatesh while expressing anguish on the complete loss of independent functioning by the Executive, held that the preliminary inquiry report, which was submitted by the Additional Superintendent of Police, Special Investigation Cell, Vigilance and Anti-Corruption, (Enquiry Officer) does not suffer from any apparent illegality or unreasonableness in reaching the conclusion regarding every allegation that was made against EK Palaniswami. Further, it said that there is no reason for conducting another fresh preliminary inquiry as was ordered by the Government, as such a direction has been given only due to the change in the political party that has come to power. The only appropriate remedy in law for RS Bharathi will be under Section 156(3) CrPC. Read More

[R.S. Bharathi v. Director of Vigilance & Anti Corruption, 2023 SCC OnLine Mad 4717]

Madras High Court refuses to grant police protection for conducting Theemidhi Urtchava Celebration at Arulmigu Sri Rudhra Temple

In a writ petition filed for directing the State (respondents) to grant police protection to conduct the Temple festival at Arulmigu Sri Rudhra Maha Kaliamman Aalaya on 14th year of Theemidhi Urtchava Celebration in Sirkali Town, to be held between 23-07-2023 and 01-08-2023. N. Anand Venkatesh, J. while expressing distress that the Court has to encounter writ petitions of this nature on a daily basis during the months where temple festivals are conducted in Tamil Nadu, refused to grant police protection for conducting the temple festival, and left it open to the parties to conduct the festival peacefully without their ego coming to the forefront. Read More

[K. Thangarasu v. Tourism, 2023 SCC OnLine Mad 4861]

MANIPUR HIGH COURT

‘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

[Aribam Dhananjoy Sharma v. State of Manipur, 2023 SCC OnLine Mani 202]

MEGHALAYA HIGH COURT

50-60 % Power shortage completely unacceptable; Meghalaya HC pulls up State for inadequate supply of electricity

In a public interest litigation petition filed against the rampant power cuts and arbitrary load-shedding resorted to by the State of Meghalaya, the Division Bench of Sanjib Banerjee, CJ., and W. Diengdoh, J., said that the 50-60 percent shortfall in supply of electricity was unacceptable in this day and age where both business and domestic life almost come to a standstill without the availability of electricity. Read More

[Flaming B. Marak v. State of Meghalaya, 2023 SCC OnLine Megh 346]

Meghalaya High Court quashes plea of a Military engineer against her transfer order on the grounds of her minor children

In a civil writ petition filed by an employee (‘petitioner') in the Military Engineer Services against her transfer order on the grounds that she has two minor children, the Division Bench of Sanjib Banerjee*, CJ. And W. Diengdoh, J., dismissed the petition and said that there was no merit in the petition and no cogent grounds to resist the order of transfer were made out. Read More

[Reena Sohphoh v. Union of India, 2023 SCC OnLine Megh 333]

‘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

[Ri Kynjai Serenity v. CIT, 2023 SCC OnLine Megh 342]

ORISSA HIGH COURT

Orissa HC upholds conviction of a Tantrik for Raping and Trafficking Minor Girl

In an appeal against the Judgment of the Trial Court, whereby, the appellant was found guilty of the offences punishable under Sections 366, 376(2)(n), 370-A and 506 of the Penal Code, 1860 (‘IPC'), the Single Judge Bench of S.K. Sahoo, J., upheld the impugned Judgment of the Trial Court. Read More

[Madhusudan Das v. State of Odisha, 2023 SCC OnLine Ori 3985]

Orissa HC quashes Criminal Proceedings against OTV Journalist Accused of Dissuading Public from Availing Covid 19 Treatment

In a criminal petition filed under Section 482 of the Code of Criminal Procedure, 1973 (‘Cr.P.C'), wherein the Input Editor (‘petitioner') in Orissa Television Ltd. (‘OTV') was seeking to quash the criminal proceedings pending against him in the Court of Sub-Divisional Judicial Magistrate (‘S.D.J.M'), Bhubaneswar under Sections 269, 270, 120-B and 505(1)(b) of the Penal Code, 1860 (‘IPC') read with Section 52 of the Disaster Management Act, 2005, the Single Judge Bench of Dr. S. Muralidhar*, CJ., allowed the petition and quashed the proceedings against the petitioner. Read More

[Swadheen Kumar Raut v. State of Odisha, 2023 SCC OnLine Ori 3703]

ORISSA HIGH COURT 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

[Bandhna Toppo v. State of Orissa, 2023 SCC OnLine Ori 4472]

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

[Krishna Kumar v. State of Odisha, 2023 SCC OnLine Ori 4162]

ORISSA HIGH COURT 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, J., 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

[Chandrakanta Mohapatra v. State of Odisha, 2023 SCC OnLine Ori 4473]

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

[Prashanta Kumar Dash v. State of Odisha, 2023 SCC OnLine Ori 4544]

Maternity leave is inherent Right of every Woman Employee and cannot be denied on Technical Grounds: Orissa HC

In a writ petition under Article 226 and 227 of the Constitution of India, wherein an Assistant Teacher was seeking direction to the District Education Officer (‘DEO'), Keonjhar for sanctioning the maternity leave of the petitioner from a period of 6 months, which was denied to her, the Single Judge Bench of Sashikanta Mishra, J.*, allowed the petition and held that the refusal to sanction the maternity leave by the DEO was contrary to law and therefore, cannot be sustained. Read More

[ Swornalata Dash v. State of Odisha, 2023 SCC OnLine Ori 5095]

S.439(2) confers power only on High Court or Court of Session to cancel bail granted under S. 436 of Cr.PC: Orissa HC

In an application filed under Section 482 of the Code of Criminal Procedure, 1973 (‘CrPC'), against the order of the Court of First-Class Judicial Magistrate (‘JMFC'), wherein the bail bond of the accused was cancelled and the Investigating Officer (‘IO') was permitted to arrest the accused, the Single Judge Bench of Sashikanta Mishra* J., allowed the petition and held that the impugned order was contrary to law and therefore could not be sustained. Read More

[Chinmaya Sahu v. State of Orissa]

Discharge of Sureties |Courts should not initiate criminal proceedings against the surety in case he seeks to discharge himself: Orissa HC

In a criminal appeal filed under Section 449 of the Code of Criminal Procedure, 1973 (‘CrPC'), against the order of the Additional Sessions Judge (‘ASG'), wherein the appellant was directed to furnish Rs. 20,000/- as penalty in the capacity of a surety for the accused persons, the Single-Judge Bench of S.K. Sahoo J., allowed the appeal and dismissed the impugned order as it was not in accordance with the law. Read More

[Pradeep Kumar Das v. State of Odisha]

PUNJAB AND HARYANA HIGH COURT

‘Trial Court got swayed by crime of patricide'; Punjab and Haryana High Court acquits daughter in 20-year-old case

In a Criminal Revision Petition challenging judgment dated 12-03-2007 dismissing appeal against Juvenile Justice Board's judgment dated 22-07-2005 convicting and sentencing the petitioner for offences under Section 302 of Penal Code, 1860 (‘IPC') and Section 25 of Arms Act, Aman Chaudhary, J. set aside both the judgments while highlighting ‘yawning gaps' in the evidence. Read More

[Kaur v. State of Punjab, 2023 SCC OnLine P&H 831]

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

[Pushpa Devi v. State of Punjab, 2023 SCC OnLine P&H 899]

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

[ Rahul Kumar Tewary v. State of Punjab, 2023 SCC OnLine P&H 868]

‘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

[Sunil Kumar v. State of Haryana, 2023 SCC OnLine P&H 898]

“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

[Ramandeep Kaur v. State of Haryana, 2023 SCC OnLine P&H 949]

Police SI Recruitment Exam| “No leniency with bail petitions of cyber-thugs”: Punjab and Haryana High Court

In a petition under Section 438 of Criminal Procedure Code, 1973 (‘CrPC') seeking anticipatory bail for petitioner who allegedly run the center from which, the examination conducted for Sub-Inspector recruitment was hacked, Anoop Chitkara, J. refused to be lenient while dealing with ‘bail petitions of cyber-thugs' and dismissed the petition. Read More

[Gurmeet Singh v. State of Punjab]

RAJASTHAN HIGH COURT

[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

[Harak Chand Bansal v. Bhagwat Singh Rathore, 2023 SCC OnLine Raj 1120]

TELANGANA HIGH COURT

“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

[V. Vasanta Mogli v. State of Telangana, 2023 SCC OnLine TS 1688]

UTTARANCHAL HIGH COURT

Uttaranchal High Court directs presence of Animal Husbandry, State Animal Welfare Board Officials over ill-treatment of Equines on pilgrimage routes

In a Public Interest Litigation filed by an Animal Welfare Activist, Gauri Maulekhi over very serious issue of extreme ill-treatment meted out to equines, deployed in the Kedarnath, Yamunotri, Gangotri, Gaumukh and Hemkhud Sahib pilgrimage routes for the purpose of carrying pilgrims as well as goods, the Division Bench of Vipin Sanghi, C.J. and Rakesh Thapliyal, J., directed the Secretary, Animal Husbandry; the Chairperson of the Executive Committee of the State Animal Welfare Board; and the District Magistrates concerned to be present before the Court in the next hearing to communicate to them the Court's concern and to hear them with regard to the steps taken in relation to the issue raised by the petitioner. Read More

[Gauri Maulekhi v. State of Uttarakhand]