ALLAHABAD HIGH COURT
Allahabad High Court imposes Rs. 10, 000 cost on CIT for passing order in violation of principles of natural justice
In a writ petition challenging the order passed by the Principal Commissioner of Income Tax (‘CIT') cancelling the assessment order dated 22-12-2019 being erroneous in so far as it is prejudicial to the interest of the Revenue, Piyush Agrawal, J. while quashing the impugned has imposed Rs.10,000/- cost on Income Tax Authority within a period of one month from the date of this order. Read more
Criminal Proceedings against victim must be initiated in cases of false FIRs filed under POCSO and SC/ST Act: Allahabad High Court
In an anticipatory bail seeking bail for offences under Sections 376, 313, 504, 506 of the Penal Code, 1860 (‘IPC’) and Section 3 read with Section 4 of Protection of Children from Sexual Offences (POCSO) Act, 2012, Shekhar Kumar Yadav, J. while granting bail to the rape accused has directed the police that if it is found that the FIR lodged by the victim is false, then criminal proceedings under Section 344 CrPC against the victim shall be initiated after conducting an inquiry. Further, if any money is given by the State to the victim, the same shall also be recovered from the victim. Read more
ANDHRA PRADESH HIGH COURT
Divorce petition u/s 27 of the Special Marriage Act can be heard by Additional District Judge: Andhra Pradesh High Court
In a case wherein, the revision petition was filed by the petitioner to challenge the transfer order passed by the Principal District Judge, Eluru, R. Raghunandan Rao, J., opined that the petition under Section 27 of the Special Marriage Act, 1954 (‘the SM Act') would have to be filed before the Principal District Judge, who could either hear the matter personally or transfer the matter to any of the Additional District Judges and accordingly dismissed the petition. Read more
BOMBAY HIGH COURT
Assailing vires of a statutory provision does not oblige Court to examine and entertain petitions: Bombay High Court
In twin petitions filed under Article 226 of Constitution of India challenging assessment order dated 13-03-2023 for 2015-16 and 2016-17, assessing petitioner's liability for levy of Local Body Tax (‘LBT') under the Maharashtra Municipal Corporation Act (‘MMC Act') for demands of Rs 2,09,72,136 and Rs 2,71,36,506, the Division Bench of G.S. Kulkarni and Jitendra Jain, JJ. refused to interfere but allowed the petitioner to avail the remedy of appeal under Section 406 of MMC Act. Read more
CALCUTTA HIGH COURT
Distribution Company can levy Delayed Payment Surcharge under Section 56(2) of Electricity Act, 2003 on payment default: Calcutta High Court
A division bench comprising of T.S. Sivagnanam,* CJ., and Hiranmay Bhattacharyya, J., dismissed the appeal and upheld the Distribution Company's right to levy DPS and take necessary action if the payment was not made by the specified date. The Court held that the obligation to pay delayed payment surcharge (DPS) arises when there is a default in payment, and such liability is dynamic based on the delay. Read more
Calcutta High Court prioritises students' interest; directs reconsideration of teacher's transfer application
A Division bench comprising of Uday Kumar and Soumen Sen, JJ., set aside the order of rejection and directed the Commissioner of School Education to consider the petitioner's transfer application based on existing norms, taking into account the interests of students and without the “out of 10%” limitation. Read more
Calcutta High Court restrains Irrigation and Waterways Department from encroaching private land
In a case revolving around a dispute over land ownership and acquisition, a single-judge bench comprising of Bibek Chaudhuri, * J., held that after the promulgation of the West Bengal Land Reforms, Tenancy and Agricultural Land Tribunal Act, 1997, no order passed under the West Bengal Land Reforms Act is amenable to writ jurisdiction. The Court issued a writ of mandamus restraining respondents 3 and 4 from encroaching upon the land belonging to the petitioners. Read more
Calcutta High Court upholds cessation of Letter of Intent due to unauthorized change in business structure
A single-judge bench comprising of Bibek Chaudhuri*, J., upheld the rejection of the petitioner's representation and the cessation of the Letter of Intent (LOI) due to the unauthorized change in business structure without prior approval from the Indian Oil Corporation. Read more
Lapsed acquisition notice yields compensation entitlement under 2013 Land Acquisition Act: Calcutta High Court
A single-judge bench comprising of Bibek Chaudhuri, J., held that the acquisition notice had lapsed due to non-payment of compensation within the stipulated period and that the petitioners are entitled to compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (the Act, 2013). Read more
Unambiguous intent required for incorporating Arbitration Clause by reference under Section 7(5) of the Arbitration and Conciliation Act, 1996: Calcutta High Court
In a case involving two Arbitration petitions filed under Section 9 of the Arbitration and Conciliation Act, 1996 (the Act) seeking an injunction against disposal of assets under a Master Facility Agreement and a Settlement Agreement, a single-judge bench comprising of Moushumi Bhattacharya,* J., held that due to the absence of an unambiguous intention to incorporate the arbitration clause under Section 7(5) of the Act and the lack of a contractual relationship between the parties, the petitioner's application for interim relief is dismissed. Read more
Burden of Proof remains unshifted on failure to substantiate misrepresentation contentions; Calcutta High Court dismisses partition appeal
A division bench comprising of Rajasekhar Mantha and Supratim Bhattacharya, * JJ., upheld the trial court's dismissal of suit for declaration, partition, and injunction, on the appellants' failure to prove their claims of misrepresentation and illegality regarding the transfer deeds. The Court further emphasizes the importance of credible evidence, especially from key witnesses. Read more
No eviction under Section 108 of Transfer of Property Act on unauthorized construction outside tenanted portion: Calcutta High Court
While deciding a second appeal against an eviction decree based on the violation of Section 108 of the Transfer of Property Act, 1882, as well as the ground of reasonable requirement, a single-judge bench comprising of Ajoy Kumar Mukherjee,* J., held that the alleged construction is indeed outside the tenancy and remanded the case back to First Appellate Court to consider the plaintiff's reasonable requirement in light of a subsequent property purchase. Read more
Calcutta High Court orders examination of rehabilitated horses for potential return to owners
A Division bench comprising of T. S. Sivagnanam, CJ., and Hiranmay Bhattacharyya, J., directed the veterinarians attached to the Government Institution to examine the horses which are now at rehabilitation under the aegis of the NGOs and if the horses are being found and certified to be fit, they shall be returned to the respective horse owners. Read more
Calcutta High Court criticizes Authorities' unjustifiable procrastination and inaction; orders refund of lapsed deposit with interest
While criticized the shifting of blame among authorities, a single-judge bench comprising of Shekhar B. Saraf., issued a writ of mandamus and directed the refund of a lapsed deposit amount to the petitioners due to the respondents' inaction and delay. Read more
Calcutta High Court dismisses revision seeking cancellation of bail in assault case
While deciding a revision petition seeking cancellation of bail, a single-judge bench comprising of Shampa Dutt (Paul), JJ observed that the abuse of process of law but refused to cancel the bail granted to the accused at this stage and allowed the trial court to continue with the trial proceedings. The Court criticized the trial court and stated that “it is the duty of the Court to ensure justice and not rely totally on the submission of either party.” Read more
DELHI HIGH COURT
[Stray Dog Birth Control] Sterilization and immunization of stray dogs is an important public function: Delhi High Court
In a petition filed by Conference for Human Rights seeking direction to the respondents to perform duties as envisaged under Sections 9, 11 of the ‘Prevention of Cruelty to Animals Act, 1960 and Rules 3, 5, 6 and 7 of the Animal Birth Control (Dogs) Rules, 2001, a division bench of Satish Chandra Sharma, CJ., and Jasmeet Singh, J., directed the respondents to ensure that they continue with their efforts and drive for sterilization and immunization of stray dogs, as the same is an important public function and is required to be performed in all its earnestness. Read more
Delhi CM House Renovation case: PWD engineers moves Delhi High Court against show cause notice issued by Vigilance Department; Court issues notice
A petition was filed by Public Works Department (petitioner) seeking direction for quashing the show cause notice dated 19-6-2023 issued by the Directorate of Vigilance (respondent 2) as the petitioners are not amenable to the jurisdiction of the Vigilance Department with respect to any disciplinary proceedings. Chandra Dhari Singh, J., directs to issue notices and file counter affidavits within 4 weeks.Read more
Interest on delayed refunds to be calculated from the date of receipt of application under Section 11-B of the Central Excise Act, 1944: Delhi High Court
In a case wherein two writ petitions raised the common question of the date from which interest was leviable on an asserted delay in disbursal of refund under the Central Excise Act, 1944 (‘Act'), the Division Bench of Yashwant Varma* and Dharmesh Sharma, JJ., observed that the mere pendency of an appeal or an order of stay that might operate thereon would not detract from the obligation of any person claiming a refund making an application. The Court, after a conjoint reading of Sections 11-B and 11-BB of the Act, concluded that interest on delayed refund was clearly dependent upon the making of a formal application as stipulated by Section 11-B of the Act. Read more
Attempt to commit suicide and false allegations of illicit relationship, amount to mental cruelty: Delhi High Court reiterates
In a case wherein an appeal was filed by the appellant under Section 19 of the Family Courts Act, 1984 against the judgment dated 28-01-2019 vide which the divorce petition under Section 13(1)(i-a) of the Hindu Marriage Act, 1955 (‘HMA') on the ground of ‘cruelty' filed by the respondent had been allowed, the Division Bench of Suresh Kumar Kait and Neena Bansal Krishna*, JJ., held that the attempt of the appellant to commit suicide by attempting to jump from the balcony squarely amounted to mental cruelty. The Court opined that false allegations of illicit relationship were the ultimate kind of cruelty as it reflected a complete breakdown of trust and faith amongst the spouses without which no matrimonial relationship can survive. Read more
Delhi High Court denies interim injunction to Sun Pharma Laboratories for its drug ‘PANTOCID'
In a case wherein, Sun Pharma Laboratories Ltd., the plaintiff filed an application to seek interlocutory injunctive reliefs and restrain the defendants, Finecure Pharmaceuticals Ltd., from using the mark PANTOPACID, C. Hari Shankar, J.*, opined that the plaintiff had not succeeded in establishing its entitlement to relief against the infringement, by the defendants and subsequently rejected the interlocutory injunction to the plaintiff. Read More
Google's use of trade marks as keywords for display of advertisements, amounts to ‘use' under Section 29(6) of Trade Marks Act, 1999: Delhi High Court
In a case wherein it was alleged that the use of trade marks as keywords in the Google Ads Programme amounted to ‘use' under the provisions of the Trade Marks Act, 1999 (‘Act') and could constitute infringement, the Division Bench of Vibhu Bakhru* and Amit Mahajan, JJ., opined that the use of a trade marks as keywords for display of advertisements in respect of goods or services clearly amounted to use of the trade marks in advertising within the meaning of Section 29(6) of the Act. The Court further held that it found no infirmity with the conclusion of the Single Judge that if it was found that Google had infringed DRS's trade mark or was contributorily liable for the same, then the benefit of safe harbour under Section 79(1) of the Information Technology Act, 2000 (‘IT Act') would not be available to it. Read more
Delhi High Court| Air India not ‘State' under Article 12 after privatization; Employees of Air India Limited no longer fall within the domain of ‘public employment'
A petition was filed seeking to issue a writ of mandamus or any other appropriate writ, order or direction to direct Air India Limited (Respondent 1) to grant the petitioners w.e.f. 01-07-2012 the same basic pay as calculated for the Service Engineers (Grade T7/E3) employed in the Ground Service Department pursuant to the Revised Basic Pay implemented pursuant to the Justice Dharmadhikari Committee Report with all consequential reliefs and interest at commercial rate. Chandra Dhari Singh, J., held that no writ or order or direction can be issued in the instant petition against Air India Limited for an alleged breach of a legal right except the writ of habeas corpus in exceptional circumstances as Air India is no longer “State” under Article 12 of the Constitution of India and a writ petition under Article 226 can only be instituted against a public authority. The Court has further granted liberty to the petitioners to take recourse to remedies available before a Competent Forum. Read more
Mere absence of injuries cannot be a ground to hold that penetrative sexual assault did not take place: Delhi High Court
In a case wherein an appeal was filed seeking setting aside the judgment dated 18-09-2021 and the order on sentence dated 26-11-2021, passed by the Additional Sessions Judge (FTSC) (POCSO Act)-01, Central District, Tis Hazari Courts, Delhi, whereby the appellant was convicted for the offences punishable under Sections 342, 363, and 376 of the Penal Code, 1860 (‘IPC') and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (‘POCSO Act'), Amit Bansal, J.*, held that mere absence of injuries could not be a ground to hold that penetrative sexual assault did not take place. Thus, the Court dismissed the appeal and held that there was no infirmity in the impugned judgment of the Trial Court convicting the appellant for the offences under Sections 342, 363, and 376 of the IPC and Section 6 of the POCSO Act. Read more
Air India Limited being a private entity is no longer amenable to writ jurisdiction: Delhi High Court
In a case wherein, the petitioners had filed a writ petition under Article 226 of the Constitution to issue a direction to the respondents to regularize the services of the petitioners as permanent employees, Chandra Dhari Singh, J., opined that the writ petition was not maintainable against Air India Limited (‘AIL'), Respondent 2, due to its privatization and granted liberty to the petitioners to take recourse to the remedies available before the competent forum. Read more
Delhi High Court restrains Hi Tech Private Limited from using the marks HTA or ARS-HTA
In a case wherein, Paul Components Pvt. Ltd, the plaintiff had filed a suit against Hi Tech Pvt. Ltd., the defendant to seek a permanent injunction and thereby restrain defendant from using marks and logo, C. Hari Shankar J.*, opined that pending disposal of the suit, the plaintiff was entitled to an interlocutory injunction and restrained the defendant “HTA” or “ARS-HTA” marks and logos or using a packing which was similar to the mark trade mark hta arts restrained_1, which stood registered in favour of the plaintiff. Read more
Delhi High Court directs Registrar of Trade Marks to remove Deal International's mark ‘SHERRIN' due to non-use and trade mark squatting
In a case wherein the petitioner, Russell Corp Australia (P) Ltd. seeks cancellation of Respondent 1's mark sherrin mark and also the removal of the said mark from the Register of Trade Marks, Prathiba M. Singh, J.*, opined that the mark ‘SHERRIN', which was registered by Respondent 1, was clearly a mark, which was identical in all respects to the petitioner's mark. The Court further opined that the relevant section of the public dealing with sporting articles in India would be clearly aware of the petitioner's mark ‘SHERRIN' owing to the iconic character and nature and thus in view of all these facts and circumstances, the adoption and use of the ‘SHERRIN' mark by Respondent 1 would be violative of the statutory provisions apart from being in bad faith and malafide. Thus, Respondent 1's mark ‘SHERRIN' in Class 28 was directed to be removed from the Register of Trade Marks. Read more
HIMACHAL PRADESH HIGH COURT
Milk cream is a product different from milk, hence not exempted from tax: Himachal Pradesh High Court
In a case wherein, the Gujarat Co-Operative Milk Marketing Federation Ltd, the petitioner filed a revision petition under Section 48-(1) of the Himachal Pradesh Value Added Tax Act, 2005 (‘the Act') to challenge the order passed by the Himachal Pradesh Tribunal (‘the Tribunal'), the Division Bench of M.S. Ramchandra Rao and Ajay Mohan Goel, JJ., opined that the popular meaning of milk cream should be taken note of, wherein milk cream was a product different from milk and accordingly dismissed the petition. Read more
JAMMU AND KASHMIR AND LADAKH HIGH COURT
“Shiver runs down the spine”; J&K and Ladakh HC upholds conviction and sentence of grandfather who raped his 1-year-old granddaughter
In a spine-chilling case where a girl child of 1 year was raped by her maternal grandfather, the Division Bench of Sanjay Dhar and Rajesh Sekhri*, JJ., upheld the impugned judgment given by the Trial Court convicting the accused-appellant for offence under Section 376(2)(f) of Ranbir Penal Code, 1989 and sentencing him to rigorous life imprisonment. The Bench stated that intense brutality was reflected in the commission of crime, “Shiver runs down the spine to know that a maternal grandfather has gratified his animated passion and sexual lust by ravishing his one-year-old granddaughter. We do not find any mitigating or extenuating circumstance in the present case, which could dilute the rigor of penal consequences which appellant is bound to bear. It is a case, where the fence itself has eaten the crop.” Read more
JHARKHAND HIGH COURT
Labour Cess not leviable on supply of materials for contract distinct from civil works'; Jharkhand High Court concurs with Single Judge Bench
In an appeal by State challenging order passed by the Single Judge Bench on 13-06-2022 holding that Labour Cess was not leviable on supply of materials and consultancy charges for a contract, which were distinct from contracts of civil works, with the argument that the Single Judge Bench could not have entertained the petition under Article 226 of Constitution of India while there was an alternative remedy available under Section 11 of the Building and Other Construction Workers Welfare Cess Act, 1996 (‘Cess Act') read with Section 14 of the Building and Other Construction Workers Welfare Cess Rules, 1998, the Division Bench of Sanjaya Kumar Mishra, CJ and Ananda Sen, J.* concurred with the Single Judge's findings regarding existence of two separate contracts and dismissed the instant petition. Read more
KARNATAKA HIGH COURT
Karnataka HC refuses to quash abetment to suicide case against manager and teammates accused of joking about their colleague's sexual orientation
While deliberating over the instant petition wherein the petitioners had allegedly been involved in harassing a person mentally particularly vis-à-vis his sexual orientation thereby leading him to commit suicide; the bench of M. Nagaprasanna, J.*, rejected the petition stating that there is no need of interference of the High Court under Section 482 CrPC. The Court opined that the instant case is not a case where there is no prima facie material, or the allegations are made in thin air. Cases which involve death of a person, and the accused are guilty of abetment to suicide of the said victim, will have to be considered owing to the facts of each case. There cannot be any particular parameter; yardstick; or a theorem for interference, particularly, in cases of abetment to suicide. Read more
Karnataka HC refuses to quash charges against former intern of IIS allegedly involved in data theft of Light Combat Aircraft and selling it on Dark Web
In the instant matter the petitioner who was allegedly involved in data theft of Light Combat Aircraft project while he was working as an intern with the Indian Institute of Science (IIS) and selling the stolen data on Dark Web, challenged the registration of crime under Sections 66, 66(F), 84(C) of the Information Technology Act, 2008 and Section 380 of Penal Code, 1860. Given the sensitive nature of the case and the fact that the investigation is still ongoing, the bench of M. Nagaprasanna, J.*, dismissed the petition stating that the petitioner has leaked into Dark Web highly sensitive data which would have the effect of destabilizing defence of the nation. Any person indulging in any crime that would destabilize nation's defence of any kind, even to its triviality, cannot be countenanced. “The petitioner wanting to project himself to be innocent, in the teeth of the aforesaid facts, can only be a figment of his imagination”. Read more
MADRAS HIGH COURT
Right to Vent| Madras High Court quashes charge memo against bank employee who mocked higher authorities on WhatsApp group
In a writ petition filed to quash the charge sheet against the petitioner as he was suspended for posting objectionable messages mocking the administrative process and belittling the higher authorities in a WhatsApp group, G.R Swaminathan, J. has held that the petitioner possesses the ‘right to vent’. Further, it said that the opinion was not expressed publicly. It was shared among the members of a private WhatsApp group. Thus, the Court quashed the impugned charge memo. Read more
Read why Madras HC directed authorities to appoint candidate as police constable who was denied job over a criminal case
In a writ petition against the order passed by Superintendent of Police and quash the same as illegal and consequently direct the respondents to issue appointment order to the petitioner and send him for training for the post of Grade II Police Constables (Armed Reserve, Tamil Nadu Special Force, Jail Warder and Firemen) with effect from the date of original selection, L. Victoria Gowri, J. has quashed the impugned order passed by the Superintendent of Police. Further, it directed the respondents to issue an appointment order to the petitioner and send him for training to the post of Grade-II Police Constable. Read more
Madras High Court dismisses lawyers' pleas praying to participate as eligible candidates in direct recruitment to the post of Civil Judge
In a batch of writ petition filed to direct Tamil Nadu Public Service Commission (‘TNPSC') for permitting the petitioners to participate as eligible candidate in the direct recruitment to the post of Civil Judge in the Tamil Nadu State Judicial Service vide Advertisement and Notification dated 01-06-2023, as a special extraordinary case in view of the delay in enrolment with the Bar Council of Tamil Nadu and Puducherry caused by the COVID -19 Pandemic induced lock down , the division bench of S. Vaidyanathan* and K. Rajasekar, JJ. while dismissing the writ petitions, said that in the absence of any arbitrariness, infringement and fickleness, the petitioners are not entitled to any relief. Read more
“There was a calculated attempt to undermine administration of criminal justice” Madras HC on transfer of corruption case against Former Transport Minister K Ponmudi
In a criminal revision filed against the judgment based on a transfer order passed by the Principal District Judge (‘PDJ’), Vellore wherein accused / K Ponmudi, Former Minister of Transport and a Member of the Tamil Nadu Legislative Assembly who was alleged to have acquired and come into possession of properties and other pecuniary resources in his name and the names of his wife and sons, which were disproportionate to his known sources of income, was acquitted. N. Anand Venkatesh, J. has held that transfer of the case against K Ponmudi from PDJ, Villupuram to PDJ Vellore was ex-facie illegal and no non-est in the eye of law. Further, it directed the Registry to issue notice to the accused on the file of the PDJ, Vellore for the hearing on 07-09-2023. Read more
ORISSA HIGH COURT
‘When father takes role of predator, it has serious impacts on humanity'; Orissa HC upholds father's conviction for raping minor daughter
In a jail criminal appeal against the judgment and order of the Special Judge, Protection of Children from Sexual Offences (‘POCSO'), wherein the accused, who is the father of the victim was found guilty of the offences under Sections 354 read with Section 354-A(2), 354-B, 376(2)(f)(i)(k)(n) of the Penal Code, 1860 (‘IPC') as well as Sections 6 and 10 of the Protection Of Children from Sexual Offences Act, 2012 (‘POCSO Act') and sentenced him to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 10,000/-, S.K. Sahoo*, J. dismissed the appeal. Read more
PATNA HIGH COURT
‘Demolition carried out is in violation of interim orders'; Patna High Court initiates contempt case against officials of Patna Municipal Corporation
The Division Bench of K. Vinod Chandran, C.J., and Partha Sarthy, J., opined that there was deliberate contempt as made out from the facts and the demolition carried out on 12-08-2023 was without any further notice to the appellant and was in total violation of the interim orders. Thus, this Court directed the Registry to initiate a contempt case against the contemnors, that is, Respondents 2 to 6, namely, (a) Animesh Kumar Parashar, Municipal Commissioner, Patna Municipal Corporation; (b) Sheela Irani, Additional Municipal Commissioner, Patna Municipal Corporation; (c) Prabhat Ranjan, Executive Officer, Patna Municipal Corporation; (d) Vijay Kumar, Executive Engineer, Patna Municipal Commissioner; and (e) Md. Shamsad, the Project Director, Patna Smart City. Read more
PUNJAB AND HARYANA HIGH COURT
[Immoral Trafficking] P&H High Court asks State to frame guidelines for operation of Spa/Massage Centres
In a petition filed under Section 438 of Criminal Procedure Code, 1973 (‘CrPC') seeking pre-arrest bail for matter involving offences under Sections 3, 4, 5, 6 & 7 of the Immoral Traffic (Prevention) Act, 1956 (‘1956 Act') and Sections 370 and 120-B of Penal Code, 1860 (‘IPC'), Mahabir Singh Sindhu, J. dismissed the petition and also suggested the authorities to frame guidelines for operation of Spa/Massage Centres in the Union Territory of Chandigarh on similar lines as per the guidelines operational in Delhi. Read more
RAJASTHAN HIGH COURT
Rajasthan High Court commutes death penalty of a man convicted for rape and murder of 4 and a half-year old girl
In a case wherein, the criminal death reference had been moved by Special Judge, POCSO Court, Jaipur, Rajasthan for confirmation of death sentence awarded to accused vide order dated 10-02-2022, the Division Bench of Pankaj Bhandari*, Bhuwan Goyal, JJ., upheld the conviction of the accused and commuted the death sentence awarded to the accused to the life imprisonment which extended to the full natural life of the accused, subject to any remission or commutation at the instance of the government for good and sufficient reasons. Read more
Rajasthan High Court: Chest measurement criterion for female candidates is arbitrary, outrageous and lacks sensitivity
In a case wherein, the petitioners had filed a writ petition to challenge the respondent's action of rejecting the petitioners on the parameters of Physical Standard Test (‘PST'), Dinesh Mehta, J., opined that that there was no error in the assessment of the petitioners and accordingly dismissed the petition. The Court also stated that apart from lacking any scientific validity, the practice adopted by the respondents was humiliating, derogatory and an affront to a woman's dignity and suggested the Government departments to relook such criterion. Read more
UTTARANCHAL HIGH COURT
‘Mere fining not sufficient'; Uttaranchal High Court directs State to blacklist handlers/owners who subject their Equines to cruelty, maltreatment
The Division Bench of Vipin Sanghi, C.J., and Rakesh Thapliyal, J., directed the State to ensure that only registered Equines and handlers would be allowed on the Yatra route, and not others and the District Magistrate concerned should ensure that sufficient police force was deployed at the barrier to prevent unauthorized entry into the Yatra Route by unregistered handlers, along with their unregistered Equines. The Court opined that mere fining of the handlers or filing cases against them for inflicting cruelty to the animals, was not sufficient to rein in and discipline the erring handlers/owners of Equines, thus, the only effective way in which cruelty to the Equines could be curbed was by blacklisting such handlers/owners, who were found to be subjecting their Equines to cruelty and maltreatment. Read more
