high court weekly round up


Read why Allahabad HC ordered status quo on land held by Development Authority for establishing New Kanpur city

In a public interest litigation concerning the lack of action from the Kanpur Development Authority over land held for establishing “New Kanpur City”, the division bench of Pritinker Diwaker, C.J. and Ashutosh Srivastava, J. has said that the parties shall maintain status quo as it exists today. However, it shall be open for the Kanpur Development Authority to proceed with the negotiations with the tenure holders. Read more

Changing gender is a constitutionally recognised right: Allahabad HC directs DGP to allow lady constable for Sex reassignment surgery

In a writ petition concerning the withholding of petitioner’s application for grant of sanction for Sex Reassignment Surgery, Ajit Kumar J. has said that if a person suffers from gender dysphoria, such person takes a complete misalignment of personality with physical body, such a person does possess a constitutionally recognized right to get his/her gender changed though surgical intervention. Thus, the Court directed the Director General of Police to dispose of pending application of the petitioner and file an affidavit of compliance. Read more

Allahabad HC directs Commissioner to take suitable action against Police personnel involved in custodial violence of boy arrested for obstructing traffic

In a criminal miscellaneous writ petition filed by the boy for being beaten up by the police due to a minor issue of roadside parking, the division bench of Sangeeta Chandra and Narendra Kumar Johari, JJ said that there is an expectation that the Commissioner will take suitable action against all Police personnel found involved in custodial violence. Further, the Court directed him to take corrective measures with regard to the report of CCTV cameras not working in the Police Station concerned also and submit his report by the next date of listing. Read more

Read why Allahabad HC dismissed Pawan Khera’s plea to quash criminal proceedings against him for ‘Gautam Das’ remark against PM Modi

In an application filed by Pawan Khera, Chairman, Media and Publicity Department , Indian National Congress for quashing the charge sheet as well as summoning order dated 11-04-2023 passed by Chief Judicial Magistrate, and the entire proceedings for his alleged ‘Narendra Gautam Das Modi' remark made against Prime Minister Narendra Modi, Rajeev Singh, J. while dismissing the application, said that evidences collected by the Investigating Officer cannot be evaluated by this Court in the present proceedings on the basis of pleadings, counter affidavit as well as rejoinder affidavit. Read more

Read why Allahabad High Court sought entire Revenue records of Banke Bihari Ji Temple land in Mathura

In a writ filed by Sri Bihari Ji Seva Trust/petitioner alleging that the temple was initially documented under the name of ‘Mandir Banke Bihari Ji Maharaj’ in State revenue records, but in 2004 the ownership of the temple land underwent alteration , and was registered as a graveyard , Saurabh Srivastava, J. requested the Sub-Divisional Officer, Chhata, Mathura to come up with the entire revenue records along with the details of the change of the entries made from time to time regarding the Banke Bihari Ji Maharaj Temple in Mathura. Read more


Second wife though not legally wedded in a strict sense, is entitled for service benefits of deceased husband: Andhra Pradesh High Court

In a case wherein, the writ petition was filed by the petitioner to challenge the order passed by Andhra Pradesh Administrative Tribunal (‘the Tribunal’), Ravi Nath Tilhari*, K. Manmadha Rao, JJ., opined that even if it was found that the second wife did not acquire the status of wife, still for the service benefits and service claims of the deceased husband, she was entitled for protection. Read more


Archbishop Patriarch of Goa not ‘public authority' under RTI Act: Bombay High Court

In a petition challenging order passed by Goa State Information Commissioner on 16-12-2014 wherein, it was held that the petitioner in his capacity as Patriarchal Tribunal of the Archdiocese of Goa and Daman was a ‘public authority' within the meaning of Section 2(h) of Right to Information Act, 2005 (‘RTI Act'), M. S. Sonak, J. held that the Archbishop Patriarch of Goa was not a public authority under RTI Act. Read more

Bombay High Court sets aside order for custody of a minor child back to biological parents; directs Trial Court to decide validity of adoption

In a case involving tug of war among adoptive parents and biological parents disputing over custody of a 2-year-old, Sharmila U. Deshmukh, J. quashed and set aside dismissal orders against adoption petition and directed the Trial Court to decide validity of adoption and retained custody of the child with the adoptive parents until disposal of the said matter by the Trial Court. Read more


Calcutta High Court awards Rs. 5 Lakhs Compensation for 11-year-old’s death by electrocution

While deciding an appeal related to the issue of compensation for the death of a minor child due to electrocution, a Division bench comprising of T. S. Sivagnanam, CJ., and Hiranmay Bhattacharyya, J., affirms the single-judge bench's order and directs the Distribution Company to pay Rs. 5 lakhs as compensation to the respondent/writ petitioner within three weeks. The petitioner is granted the liberty to approach the appropriate forum if seeking higher compensation. Read more

Non-disclosure of previous blacklisting justifies five-year blacklisting: Calcutta High Court

While admitting the appeal for further consideration, a Division bench comprising of T. S. Sivagnanam, CJ., and Hiranmay Bhattacharyya, J., prohibited the appellants from participating in any tenders within the State of West Bengal called by the government, quasi-government entities, or government-managed companies in West Bengal. Read more

Article 226 does not empower High Court to issue positive direction for Muslim Marriage Registrar post creation: Calcutta High Court

A Division bench comprising of T. S. Sivagnanam, CJ., and Hiranmay Bhattacharyya, J., partially allowed the appeal and directed the Secretary, Law Department, Government of West Bengal, to consider the formation of the new Police Station and relevant rules to take steps for the creation of a permanent or temporary Muslim Marriage Registrar (MMR) post. The Court set aside the direction to consider the respondent-writ petitioner's representation for transfer to MMR post. Read more

“Absurd and improbable”: Calcutta High Court sets aside maliciously instituted criminal case with no sufficient grounds for legal action

A single-judge bench comprising of Shampa Dutt (Paul),* J., held that there is insufficient evidence to support the alleged offenses, and the complaint appeared absurd and improbable. The Court further held that there was no material on record to substantiate the allegations and no prima facie case against any of the petitioners. The Court allowed the revisional application and quashed the impugned proceeding and Charge Sheet. Read more

Calcutta High Court allows termination of 25+ weeks pregnancy of a minor gang-rape survivor

In a case revolving around the medical termination of minor gang-rape survivor's pregnancy due to the patient's condition, a single-judge bench comprising of Sabyasachi Bhattacharyya,* J., directed the termination of pregnancy after considering the report filed by the medical board suggesting the same, irrespective of the fact that the statutory 24-week pregnancy period has been exceeded. Read more

Misuse of Section 498A IPC has unleashed a new “legal Terrorism”: Calcutta High Court quashes criminal proceedings

A single-judge bench comprising of Subhendu Samanta, J., allowed the criminal revision petitions filed by the petitioner and quashed the criminal proceedings against him, as the allegations were not sufficiently substantiated and were deemed to be frivolous and a misuse of the law. The Court held that “it necessary to invoke the inherent power of this court to quash the proceedings otherwise the continuation of the criminal proceedings would be tantamount to the abuse of process of court.” Read more

Calcutta High Court refuses to quash proceeding against teacher for involvement in Communal Disturbance case

A single-judge bench comprising of Shampa Dutt (Paul),* J., dismissed the petitioner's revision application seeking the quashing of the proceeding against him based on the prima facie case established from the evidence and materials presented and directed that the matter is to proceed to trial. Read more


Excessive drinking habit by the husband amounts to mental cruelty against wife and the entire family: Chhattisgarh High Court

In a case wherein, the appeal was filed against the judgment passed by the Family Court, Raigarh, by which the application filed by the wife seeking divorce on the ground of cruelty was dismissed, the Division Bench of Goutam Bhaduri* and Sanjay S. Agrawal, JJ., opined that the wife (petitioner) was entitled for a decree of divorce and accordingly held that the marriage dated 02-02-2006 was dissolved and the wife was entitled to Rs. 15,000 per month from the husband (respondent) towards the maintenance. Read more


Liberty Footwear v. Liberty Shoes: Delhi High Court dismisses the petition for the want of jurisdiction

The present petition was filed under Section 9 of the Arbitration and Conciliation Act, 1996 seeking an order of interim injunction restraining the respondent from using the Petitioner’s “LIBERTY” marks, removing any sign boards/indication/display of any of the “LIBERTY” trademarks from its premises, stationary, invoices, documents, publications, packaging material, websites and withdrawing any advertising/broadcasting/webcasting or third-party publication including any advertising or promotional materials bearing the “LIBERTY” marks. Jyoti Singh, J., dismissed the petition as not maintainable without giving any opinion on the merits of the case and/or the disputes between the parties as the petition filed before the District Court, Karnal under Section 9, being first and prior in point in time, will bar the present Court from entertaining the present petition. Read more

Delhi High Court directs VAT Authorities to process Flipkart's VAT refund along with interest

The writ petition was filed by the petitioner seeking to direct the respondents to process a refund application of August 2020 and give effect to a claim for refund of Rs.6,62,74,405/- in terms of Section 38 along with interest in terms of Section 42 of Delhi Value Added Tax Act 2004. A division bench of Yashwant Varma, and Dharmesh Sharma, JJ.,* held that the respondents acted arbitrarily in making numerous adjustments post 31-05-2015 and thus illegally depriving the petitioner of the refund as claimed and thus, directed the respondents to refund the amount of Rs. 6,62,74,405/- along with interest from the date it fell due. Read more

‘Serious constitutional, administrative issues'; Delhi HC requests Attorney General for India's assistance in a petition challenging appointment of Junior Judicial Assistants

In a case wherein, the writ petition was filed by serving Delhi High Court employees to challenge the appointment of the Respondents 3 to 52 as Junior Judicial Assistants to the Delhi High Court, and also to challenge the orders dated 16-10-2018, 17-11-2018 and 5-12-2018 issued by Respondent 1, the Division Bench of Manmohan, and Mini Pushkarna, JJ., opined that the present writ petition had serious constitutional and administrative issues and requested Attorney General for India, R. Venkataramani to assist the Court as an amicus curiae on the next date of hearing. Read more

‘DATAPAQ' as a whole is a registered trade mark, no exclusivity is vested in ‘DATA' or ‘PAQ' separately: Delhi High Court

In a case wherein, Fluke Corporation, the appellant had filed an appeal under Section 91(1) of Trade Marks Act, 1999 (‘the Act’) to challenge the order dated 10-12-2018 passed by the Registrar of Trade Marks, in which the appellant’s trade mark application for the mark ‘DATAPAQ’ was rejected under Section 9(1)(b) of the Act on the ground that it was descriptive of the goods and services, Pratibha M. Singh, J.*, opined that the appellant’s mark ‘DATAPAQ’ was consistent with the series of marks that were used by the appellant and was to be advertised in the trade mark journal by the Registrar of Trade Mark within a period of two months. Read more

Principal Amount should be static; Arbitral Tribunal cannot add pre-reference interest to the principal amount: Delhi High Court

In a case wherein, an appeal was filed under Section 37 of the Arbitration and Conciliation Act, 1996 (‘the Act’), to challenge the impugned judgment dated 2-8-2021 and to set aside the award dated 28-10-2020, the Division Bench of Yashwant Varma* and Dharmesh Sharma, JJ., opined that as per Section 31(7) of the Act, the principal amount should be static, and accordingly set aside the directions of the arbitral award wherein, pre-reference interest was added to the principal amount while determining pendente-lite interest. Read more

Delhi High Court issues guidelines for mediators to be followed while recording mediation settlements in heinous crimes

A petition was filed seeking to quash FIR registered for the offences punishable under Sections 308 read with 34 of the Penal Code, 1860 (‘IPC') and all consequential proceedings emanating therefrom. Swarana Kanta Sharma, J., quashed the FIR and imposed a cost of Rs. 5,000 on the petitioners to be deposited with Delhi High Court Bar Association Employees Welfare Fund within one week and the receipt of the same will be filed before the Registry. Read more

Delhi High Court modifies patent injunction to the extent honeycomb panels are for supply to the Ministry of Defence

In a case wherein the plaintiff filed a suit seeking a permanent injunction restraining the defendants from infringing its registered Patent (‘suit patent'), Prathiba M. Singh, J.*, opined that at this stage, instead of an injunction, which would result in complete stoppage of the production of containers/equipment only because the defendants' honeycomb panel had been incorporated, an interim arrangement could be put into place to balance the interest of both the parties. Thus, the injunction order dated 27-07-2019 was modified only to the extent for supply to the Ministry of Defence, Ministry of Home Affairs or any other governmental body. Read more

‘Certified copy' of the original arbitration agreement suffice if duly stamped, declaration made and uncontroverted for the purpose of S. 11 Arbitration Act

The petitions were filed arising from arbitration agreements being unstamped and/or have been incorporated in an instrument/agreement which is unstamped the light of the Constitution Bench judgment in the case of N.N. Global Mercantile (P) Ltd. v. Indo Unique Flame Ltd, (2023) 7 SCC 1 wherein it was held that an arbitration agreement, which is unstamped, does not exist and an unstamped contract, containing an arbitration agreement, would not exist as it has no existence in law. Sachin Datta, J., dealt with the aspect of mandatory impounding of unstamped/insufficiently stamped arbitration agreement, in proceedings under section 11 of Arbitration and Conciliation Act, 1996 Act and the procedure to be followed after impounding. Read more

Delhi High Court| Importation of gold is a ‘prohibited item’ under Customs Act; Redemption/release subject to discretion of Adjudicating Officer

The petitions were filed as to the interpretation of certain provisions of the Customs Act, 1962 relating to the question as to whether bringing ‘gold’ into India falls within the ambit of a ‘prohibited‘ article under section 2(33) read with Section 11 of the Act, and if so, to what legal effect as to its release/redemption on payment of fine/penalty under section 125 besides 112 and 114 of the Act along with raising an issue as to whether bringing of gold into India without declaring it on arrival at Customs amounts to ‘smuggling’ of gold into India in violation of Section 2(39) read with Section 111 of the Act and/or under any other analogous statutes inviting not only the confiscation of the gold but also action in the nature of the imposition of levy of fine/penalty. A division bench of Yashwant Varma and Dharmesh Sharma, JJ., finds no illegality in the individual orders passed by the Adjudicating Officer and which were impugned in these writ petitions. Read more

Delhi HC directs ‘Organiser' and ‘The Commune' to remove offending article alleging sexual exploitation of nuns, Hindu women by a principal

In a case wherein an application was filed by the plaintiff to seek removal the offending article titled as ‘Indian Catholic Church Sex Scandal: Priest exploiting nuns and Hindu women exposed' from the defendants' website, Jyoti Singh, J., opined that irreparable harm and injury would be caused to the plaintiff's reputation, if the defamatory article continued on the social media platforms of the defendants. The Court thus, passed an ex parte ad-interim injunction against the defendants, thereby, directing the defendants, their partners, directors, servants, agents and/or any other person acting on their behalf to remove the offending article available at the website of Defendants 1 and 2. Read more

No bar in law for a secured creditor to directly proceed u/s 14 of SARFAESI Act after withdrawing measures taken u/s 13(4): Delhi High Court

In a case wherein the petitioners seek to challenge the order dated 02-12-2022 passed by the Chief Metropolitan Magistrate (‘CMM'), South East District, Saket District Court under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (‘SARFAESI Act'), Purushaindra Kumar Kaurav, J.*, opined that if measures under Section 13(4) of the SARFAESI Act were taken up by the respondent and at a later stage having withdrawn the said measures, the respondent intended to move to measures under Section 14 of the SARFAESI Act, there was no restraint under the law and such a restraint could not be read under the provisions of Section 13(4) or Section 14 of the SARFAESI Act as the same would amount to rewriting the statute. The Court dismissed the petition and opined that this Court could not transgress into the domain of the legislature to fill the alleged legal void in the scheme of SARFAESI Act, which according to the petitioners, was rendering them remediless under the Act before the possession was taken over by the respondent. Read more

No illegal dumping of electrical, plastic and medical garbage in Delhi; Delhi High Court takes suo motu cognizance

A case was taken up by the Court by exercising its suo motu powers to take cognizance pursuant to a letter highlighting pollution in Mundka village and other villages arising out of dumping of electronic, plastic and medical garbage as well as discharge from other polluting industrial units. A division bench of Satish Chandra Sharma, CJ., and Sanjeev Narula, J., directed the Municipal Corporation of India to ensure that there is no illegal dumping of electrical, plastic and medical garbage in Delhi, contrary to the statutory provisions and it shall take appropriate action against all the defaulting units under Section 416 of the DMC Act and the other authorities in accordance with law against all violating units in Delhi. Read more

‘Google Pay is a mere third-party app provider, no authorization required from RBI'; Delhi HC dismisses PIL to cease Google Pay's operations

In a case wherein the petitions had been filed in the nature of Public Interest Litigations, for the issuance of appropriate writs, order or directions directing the respondent to direct Google Pay India Services (P) Ltd. (‘Google Pay') to cease their operations in India for violation of regulatory and privacy norms, the Division Bench of Satish Chandra Sharma, C.J.*, and Subramonium Prasad, J.*, observed that third-party apps such as Google Pay were designed to provide a large customer base to participating banks and a third-party app such as Google Pay obtained approval from National Payments Corporation of India (‘NPCI') for operating on the UPI platform. Therefore, the Court dismissed the petitions and held that Google Pay was a mere third-party app provider for which no authorisation from Reserve Bank of India (‘RBI') was required under the provisions of Payments and Settlement Systems Act, 2007 (‘PSS Act'). Read more

Delhi High Court| Rainwater harvesting should be seamlessly integrated into the city's climate resilience planning

A PIL was filed pressing concerns of water conservation in the National Capital Territory (NCT) of Delhi, specifically focusing on the implementation of rainwater harvesting initiatives and outlining a series of remedies aimed at fostering a comprehensive approach to address the issue of rainwater harvesting. Sanjeev Narula, J., concluded that rainwater harvesting should be seamlessly integrated into the city's climate resilience planning and to achieve this, the authorities must continually explore innovative strategies, adapt to evolving conditions, and proactively confront emerging challenges. Read more

Delhi High Court directs Family Court Judges to judiciously use the legal provisions for expeditious disposal of petitions

In a case wherein, the appeal was filed under Section 19 of the Family Courts Act, 1984 by the appellant against the impugned order dated 31-03-2022 vide which the application filed by the appellant under Order VII Rule 11 of the Code of Civil Procedure, 1908 (‘CPC') was dismissed, the Division Bench of Suresh Kumar Kait and Neena Bansal Krishna*, JJ., set aside the impugned order and allowed the application under Order VII Rule 11 of CPC and rejected the petition filed by the respondent under Section 12-(1)(c) of the Hindu Marriage Act, 1955 (‘the HM Act'). Read more

Delhi High Court sets aside show cause notice not falling within the ambit of Section 28 (9A)(c) of Customs Act

Four petitions were filed challenging various show cause notices issued under Section 28(4) of the Customs Act, 1962 primarily on the ground that since the period for completion of proceedings as prescribed in Section 28(9) of Customs Act has expired, the authorities would retain no jurisdiction to adjudicate upon the same. Yashwant Varma, J., sets aside the show cause notices and held that the proceedings initiated against the present petitioners cannot be said to be covered under the directives of the Board as they do not fall within the ambit of Section 28(9A)(c) of Customs Act. Read More


Gauhati HC sets aside conviction and sentence of a rape accused due to inconsistencies in the deposition of the prosecution witnesses

While deciding the instant appeal against decision passed by the Sessions Judge, Udalguri convicting the accused-appellant under Sections 448 and 376 of Penal Code, 1860 and sentencing him to undergo rigorous imprisonment, the Bench of Arun Dev Choudhury, J.*, did not find the deposition of victim having sterling quality and trustworthy enough to uphold the conviction of the accused-appellant. The Court stated that law is well settled that there can be a conviction in a case of rape when the victim's deposition is deemed to be trustworthy, immaculate, and credible and her evidence is of pristine quality. The Court was of the opinion that inconsistencies in the deposition of the victim and prosecution witnesses in the instant case created not only serious doubt regarding the nature of the alleged sexual offence but also credibility of the deposition of the victim herself. Read more


Can a husband suffering from diabetes avoid paying maintenance to wife? Karnataka High Court answers

While deciding the instant matter wherein the husband challenged the order by Principal Judge of Family Court at Shivamogga whereby wife was granted monthly maintenance at the rate of Rs.10,000; the Bench of Krishna S. Dixit, J.*, took note of one of the grounds of challenge raised by the husband regarding him suffering from diabetes. The Bench pointed out that the contention does not merit countenance as large section of people all over the world suffer from such ailments and with the advancement of medical science, diabetes is manageable. “It is not the case of petitioner that the same are not manageable with proper medical care”. Read more


Husband's Live-in Partner not being a ‘relative' cannot be prosecuted for cruelty under IPC Section 498A: Kerala High Court

In a petition seeking to quash criminal proceedings under Section 498A read with Section 34 of Penal Code, 1860 (‘IPC’) initiated at the instance of a wife against the live-in partner of her husband, K. Babu J. held that a girlfriend/live-in partner not being a relative as per IPC Section 498A could not be prosecuted. Read more

Kerala High Court upholds non-issuance of Legal Heirship Certificate in the absence of adoption documents

In an appeal against judgment dated 15-12-2023 passed by the Single Judge dismissing petition seeking directions for the authorities to issue Legal Heirship Certificate in the absence of certificate of adoption, the Division Bench of Alexander Thomas and C. Jayachandran, JJ. upheld the impugned judgment since there was no concrete evidence to prove the petitioner's adoption by the deceased. Read more


Limitation period to file counter statement to notice of opposition would run from date of receipt of e-mail: Madras High Court

In a writ petition filed against the two orders, both dated 28-04-2023 passed by the Registrar of Trade Mark, wherein the application for registration of the relevant marks was deemed to be abandoned. Senthilkumar Ramamoorthy,J. while quashing the impugned orders, restored the two applications to the file of the Registrar of Trade Marks and the matter is remanded for reconsideration by the Registrar of Trade Marks. Further, it directed the petitioner to file the counter statement in respect of the respective notices of opposition within a maximum period of one month from the date of receipt of a copy of this order. It also directed the Registrar of Trade Marks to re-consider and decide the matter on merits after providing a reasonable opportunity to both the petitioner and Nirma Ltd. Read more

Social ostracisation is anti-thesis of humanity: Madras HC directs State to grant reservations to Transgender persons in local body elections

In a writ petition filed to direct the respondents to dispose of the petition dated 29-05-2023 filed by the petitioner on behalf of the villagers as President of Nainarkuppam Village Panchayat praying to not to grant land to the Transgender persons in their village, S.M.Subramaniam, J. while rejecting the writ petition , to create awareness against the social evils of this nature, passed the following orders:

  • District Collector, Cuddalore District was directed to initiate all appropriate actions under the Tamil Nadu Panchayats Act, 1994 for removal of the President and the Members of the Nainarkuppam Village Panchayat by following the procedures.

  • District Collector was directed to ensure that the Transgender persons are granted free house site patta based on their eligibility.

  • District Collector was directed to ensure that the Transgender persons are allowed to participate in Village festivals, ceremonies and are permitted to conduct worship in all religious institutions etc.

  • Government of Tamil Nadu was directed to initiate all appropriate steps to grant reservations to Transgender persons in the local body elections as an initial measure to bring the Transgender persons in the mainstream society. Read more

Explained | Madras HC verdict on PG medical admissions concerning grant of incentive marks to in-service candidates in open category

In a writ petition filed seeking issuance of a writ of declaration declaring Regulation 9(4) of the Postgraduate Medical Education Regulations, 2000 (‘Regulations, 2000') as illegitimate, illegal and ultra vires the National Medical Commission Act, 2019 and the Constitution of India insofar as it permits State Governments to provide incentives to in-service candidates participating in the Open Category of Post Graduate Medical Admission Counselling, the division bench of Sanjay V. Gangapurwala, C.J. and P.D. Audikesavalu, J. has held that the policy of providing incentive marks to the in-service candidates and adding the incentive marks for competing with the open category candidates is not barred by any statute, Rules or Regulations. Thus, the Regulation 9(4) of the Post Graduate Medical Education Regulations, 2000 and Government Order dated 07-11-2020 do not suffer from arbitrariness. Read more

Madras HC directs State and National CAMPA to release funds to NCTA for relocating 495 families from Mudumalai Tiger Reserve

In a petition concerning the relocation of Thengumarahada Village in the Mudumalai Tiger Reserve, the division bench of N. Sathish Kumar and D. Bharatha Chakravarthy*, JJ. has directed the Union provide funds by releasing the same to the National Tiger Conservation Authority, who in turn will release it to the Principal Chief Conservator of Forests, State of Tamil Nadu so that the same can be immediately disbursed to the villagers and the relocation be carried out. Further, it directed that the relocation has to be carried out within a period of one month. Read more

Termination of pregnancy can be made without disclosing minor's name in report, in case of consensual relations: Madras High Court

In a habeas corpus petition, wherein a 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 held that the termination of pregnancy can be made without the disclosure of the name of the minor. Further, it directed the Principal Chief Secretary to address this issue and to evolve a procedure strictly complying with X v. Health & Family Welfare Department, 2022 SCC OnLine SC 1321. Read More


Orissa HC quashes criminal proceedings against issueless woman accused of buying female infant

In an application under Section 482 of the Code of Criminal Procedure, 1973 (‘CrPC’), for quashing criminal proceedings against the woman accused for offences, Sashikanta Misra, J. allowed the application and quashed the criminal proceedings against the accused for offences under Sections 466, 468, 511, 120-B of the Penal Code, 1860 (‘IPC’) and Section 81 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (‘JJ Act’). Read more

Orissa High Court orders CBI Probe into alleged manipulated JEE Score Card

In a writ petition filed by a Joint Entrance Examination (‘JEE’) candidate (‘petitioner’) under Articles 226 and 227 of the Constitution of India, seeking a writ of mandamus to direct the National Testing Agency (‘NTA’) to correct his NTA scoring from 33.1372067 to 98.8810861 and Serial no.628193 to 11193, the division Bench of B.R. Sarangi* and Murahari Sri Raman, JJ. allowed the petition and directed the Central Bureau of Investigation (‘CBI’) to inquire into the matter. Read more

‘Doctor is always expected to treat or aid patient to best of his knowledge and ability'; Orissa HC rejects Doctor's plea to quash S. 304-A proceedings

In an application made under Section 482 of the Code of Criminal Procedure, 1973 (‘CrPC') for quashing the criminal proceedings against a doctor (‘applicant') for offence under Section 304-A of the of the Penal Code, 1860 (‘IPC'), G. Satapathy*, J. dismissed the applicant's application. Read more


‘Transgender' is not a caste identity; every individual shall be permitted self-determination: Patna High Court

In a case wherein it was alleged that ‘caste' and ‘gender' were two separate identities of an individual and hence, the inclusion of transgender persons under the category of caste was violative of Articles 14, 15, 16 and 21 of the Constitution, the Division Bench of K. Vinod Chandran, C.J.*, and Partha Sarthy, J., opined that ‘transgender' was not a caste identity and every individual, including those not conforming to the male/female gender classification, should be permitted self-determination. The Court also opined that though there was a mistake committed insofar as the group of people, who were ‘transgenders' were included under the caste enumeration; the separate identification of the community and an enquiry into their socio-economic and educational status as a group, could only lead to welfare measures and the community being targeted for upliftment after verification of such collective social, economical, and educational status. Read more


COVID Protocol Violation Case | Punjab and Haryana High Court quashes FIR against Sukhbir Singh Badal

In a petition under Section 482 of Criminal Procedure Code filed by Sukhbir Singh Badal, former Deputy Chief Minister of Punjab and President of Shiromani Akali Dal for quashing of First Information Report (‘FIR’) for offences under Sections 269, 270, 188, 341 and 506 of Penal Code, 1860 (‘IPC’) and Section 3 of Epidemic Diseases Act, 1897 for being politically motivated in the absence of a case for prosecution, Anoop Chitkara, J. found the instant case bereft of substance against Sukhbir Singh Badal, and therefore, quashed the FIR and all subsequent proceedings. Read more


Rajasthan High Court appoints sole arbitrator where performance security was forfeited without considering force majeure clause

In a case wherein, the arbitration applications were filed under Section 11 of the Arbitration and Conciliation Act, 1996 (‘the Act’) for referring the dispute between the parties to arbitration by appointment of a sole arbitrator, Pushpendra Singh Bhati, J., opined that the agreement clause related to appointment of the arbitrator was required to be invoked and accordingly appointed the sole arbitrator to adjudicate the dispute between the parties. Read more

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