ALLAHABAD HIGH COURT
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.
[Prantesh Narayan Bajpeyi v. State of U.P., 2023 SCC OnLine All 724]
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.
[Neha Singh v. State of U.P., 2023 SCC OnLine All 701]
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.
[Rajat Bajpai v. State of U.P., 2023 SCC OnLine All 707]
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.
[Pawan Khera v. State of U.P., 2023 SCC OnLine All 668]
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.
[Sri. Bihari Ji Seva Trust v. State of U.P., 2023 SCC OnLine All 651]
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.
[M.L. Chains v. CIT, 2023 SCC OnLine All 633]
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.
[Ajay Yadav v. State of U.P., 2023 SCC OnLine All 601]
Legal profession not a commercial activity, chambers should not be charged commercial rate of electricity: Allahabad High Court
In a writ petition by Tehsil Bar Association (‘TBA’) against UPPCL charging commercial rates of electricity from them, the division bench of Surya Prakash Kesarwani and Anish Kumar Gupta*, JJ. has held that the activities/profession of an Advocate is a not a commercial activity, attracting the commercial rate of electricity consumption as prescribed in rate schedule LMV-2, as applicable in the State of U.P. approved by the U.P. Electricity Regulatory Commission. The Rate Schedule LMV-2, which is applicable for the commercial activities, cannot be applied for the electricity supplied to the Lawyers Chambers. The Lawyers chambers / offices shall be charged only under LMV-1 Domestic category as the lawyers neither do any trade or business nor are involved in any commercial activity. Further, it held that the UP Power Corporation Limited (‘UPPCL’) cannot discriminate between the electricity supply to the advocates’ chambers in different court compounds, in the same State, where the rate schedules are approved by the same authority.
[Tehsil Bar Assn. v. U.P. Power Corpn. Ltd., 2023 SCC OnLine All 566]
Can an ex parte order be recalled by a necessary party that is a non-party to the case? Allahabad High Court answers
Allahabad High Court: In a writ petition seeking to put forth a proposition that against an ex parte order passed in proceedings under Section 24 of U.P. Revenue Code, 2006, (‘Code’) the remedy of a statutory appeal being available, a recall application would not be maintainable at the behest of a non- party, Dr. Yogendra Kumar Srivastava, J. has held that against ex parte order passed in a proceeding under Section 24 Code, a recall application cannot be held to be not maintainable, particularly when the recall is being sought by a person, who as per the scheme of the Act and the Rules made thereunder, would be a necessary party to the proceeding, particularly in a case where an ex parte order has been made non appealable by virtue of the bar contained under Section 209(h) of the Code.
[Tarkeshwar v. State of U.P., 2023 SCC OnLine All 497]
[Gyanvapi Kashi Vishwanath case] Allahabad HC upholds Varanasi Court’s order directing ASI Survey of mosque premises
Allahabad High Court: In a petition filed under Article 227 of the Constitution of India by the Committee of Management Anjuman Intezamia Masajid, against the order dated 21-7-2023 passed by the District Judge, Varanasi directing the Director of the Archaeological Survey of India (‘ASI’) to conduct a scientific survey of the Gyanvapi Mosque premises. Pritinker Diwaker, CJ while dismissing the petition and upholding the impugned order, said that the Varanasi Court was justified in ordering for ASI survey of the premises as scientific survey is necessary in the interest of justice.
[Anjuman Intezamia Masajid Varanasi v. Rakhi Singh, 2023 SCC OnLine All 550]
Allahabad High Court directs medical examination of boy beaten up by police for obstructing traffic
Allahabad High Court: In a writ petition filed by a 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. was not convinced of the injuries, as bruises do not appear to be caused due to grazing of skin on the road, therefore, the Court directed medical examination of the victim.
[Rajat Bajpai v. State of U.P., 2023 SCC OnLine All 525]
ANDHRA PRADESH HIGH COURT
Family Court has the power to order a person to undergo medical test, even if the marriage is denied: Andhra Pradesh High Court reiterates
Andhra Pradesh High Court: In a case wherein, the petitioner filed a revision petition under Article 227 of the Constitution, against the order dated 25-5-2022, which directed the respondent to undergo medical examination to assess his potency in respect of consummation of marriage, S. Bhanumathi, J.* opined that the Matrimonial Court had the power to order a person to undergo medical test and accordingly, directed the Trial Court to determine the hospital to which the respondent could be referred and subsequently, set aside the order passed by the Family Court, Kurnool.
[P. Ugalakshmi Devi v. P. Murlai Krishna]
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.
[Gaddam Ruth Victoria v. State of A.P., 2023 SCC OnLine AP 1690]
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.
[Vase Ananda Rao v. Vase Lakshmi Pragna, 2023 SCC OnLine AP 1624]
‘Quashing of charge memo cannot be in routine manner’; Andhra Pradesh HC directs State to take appropriate steps to serve charge memo to Former Forest Range Officer
In a case wherein, the writ petition was filed under Article 226 of Constitution to challenge the judgment and order dated 15-02-2017 passed by Andhra Pradesh Administrative Tribunal (‘Tribunal’), the Division Bench of Ravi Nath Tihari* and K. Manmadha Rao, JJ., quashed the impugned judgment and order of the Tribunal and directed the State to take appropriate steps to serve charge memo, duly framing the charge, giving the complete particulars of the alleged violations of G.O.Ms.No.91, dated 11-07-2006.
[State of A.P. v. B.M. Chanakya Raju, 2023 SCC OnLine AP 1480]
BOMBAY HIGH COURT
Bombay High Court stays implementation of arbitral award on prima facie patent illegality
Bombay High Court: In an application seeking stay on order dated 4-12-2021 passed by the Arbitral Tribunal, R.I. Chagla, J. ordered stay on the operation, effect, implementation, execution and enforcement of the impugned award while pointing out the prima facie finding of perversity or patent illegality on face of the award going into the roots of matter.
[Oasis Landmark LLP v. Gannon Dunkerley & Co. Ltd.]
Bombay High Court | Claim cannot be rejected simply because prior permission of Liquidator was not taken for rendering emergency services
Bombay High Court: An interim application was filed by the applicant in the company petition, since the claim of the applicant for salvage services and watch-keeping in respect of Malaviya- 3 (‘vessel’) belonging to GOL Offshore Limited, of INR 1,16,44,830 was rejected by the Official Liquidator. Bharati Dangre, J., held that the order passed by the Official Liquidator cannot be maintained being based on an erroneous assumption of facts and circumstances.
[K. E. Salvage Corporation v Official Liquidator]
Developers do not have a right to default: Bombay High Court cancels NOC to Nishcon Realty for MHADA project
Bombay High Court: Pressing on the distress caused to residents due to developers, the Division Bench of G.S. Patel and Neela Gokhale, JJ. refused to hear Nishcon Realty and also cancelled the NOC to its cohorts, while directing Maharashtra Housing and Area Development Authority (‘MHADA’) to proceed for appointment of another developer.
[Sushila Gordhandas Parikh v. State of Maharashtra]
Defamation | Bombay High Court grants interim relief to former Zilingo CEO and Co-Founder Ankiti Bose
Bombay High Court: In an application seeking interim relief for the e-commerce start-up Zilingo’s Co-Founder Ankiti Bose against the article published for ‘having taken out money in legal as well as illegal manners’, S.M. Modak, J. granted interim relief in her favour after finding that even without the mention of Ankiti Bose’s name, the said article pointed towards her only.
[Ankiti Bose v. Mahesh Murthy]
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.
[Archbishop Patriarch of Goa v. State Information Commission, 2023 SCC OnLine Bom 1694]
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.
[Jeetendra Gorakhnath Singh v. Yash Suresh Malani, 2023 SCC OnLine Bom 1721]
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.
[Kokuyo Camlin Ltd. v. State of Maharashtra, 2023 SCC OnLine Bom 1664]
Bombay High Court decides deceased’s first wife’s entitlement after she was denied pension due to second wife
A petition was filed by the first wife of the deceased freedom fighter seeking the continuation of the pension of her deceased husband after the death of his second wife. A division bench of Ravindra Ghuge and Y G Khobragade, JJ., directed the respondents to ensure that the regular monthly pension shall be paid to the petitioner from the month of September, 2023 onwards on the normal date of depositing the pension amount in the bank account of the Petitioner considering that she is the legally wedded wife of the deceased freedom fighter and thus, entitled to pension rightfully.
[Somitrabai v. Union of India, 2023 SCC OnLine Bom 1591]
Distant relatives having no ‘domestic relationship’ roped to cause harassment and build pressure on husband; Bombay High Court invokes S. 482 CrPC to quash DV proceedings
An application was filed under Section 482 of the Code of Criminal Procedure seeking to quash proceedings under the provisions of Protection of Women from Domestic Violence Act, 2005 (‘DV Act’). R M Joshi, J., quashed the proceedings under Domestic Violence Act by exercising its inherent powers under Section 482 of Criminal Procedure Code.
[Dhananjay Mohan Zombade v. Prachi, 2023 SCC OnLine Bom 1607]
‘Animal Transportation Rules not followed’; Bombay HC upholds custody of animals to NGO
Bombay High Court: In a writ petition filed against the order passed by the Additional Sessions Judge (‘ASG’) setting aside order passed by Judicial Magistrate First Class (‘JMFC’) handing over the custody of seized animals to the petitioner, G.A. Sanap, J. upheld Bombay High Court: In a writ petition filed against the order passed by the Additional Sessions Judge (‘ASG’) setting aside order passed by Judicial Magistrate First Class (‘JMFC’) handing over the custody of seized animals to the petitioner, G.A. Sanap, J. upheld the order passed by the ASG since the animals were subjected to crulety of an aggravated form by the petitioner.
[Sohil Kureshi v. State of Maharashtra, 2023 SCC OnLine Bom 1565]
Bombay High Court dismisses challenge against Mahalunge-Maan Town Planning Scheme by calling it as a ‘premature petition’
Bombay High Court: In a petition under Article 226 of Constitution of India challenging Mahalunge-Maan Preliminary Town Planning Scheme sanctioned under Section 86(1)(a) of Maharashtra Regional and Town Planning Act, 1966 (‘MRTP Act’) and the one prepared by the Arbitrator under Section 72(6) of MRTP Act, the Division Bench of G.S. Kulkarni and R.N. Laddha, JJ. found the instant petition to be premature since as per law, the petitioners will still get an opportunity of being heard once the scheme gets notified.
[Chandrakant Uttam Kolekar v. State of Maharashtra, 2023 SCC OnLine Bom 1576]
Bombay High Court | No ‘right to sue survives’ to the married daughter to claim for enhancement of maintenance in respect of deceased mother
Bombay High Court: An application was filed by a married daughter of the original appellant and respondent, under Order 22 Rule 1 & 2 of Code of Civil Procedure seeking permission to bring her on the record being the legal heir of her deceased mother-appellant in an appeal for enhancement of maintenance. A division bench of Ravindra V Ghuge, and Y G Khobragade, JJ., held that the right to sue does not survive in favour of the applicant, who is a married daughter of the deceased but has right to recover arrears of maintenance granted against her father (Respondent) after obtaining succession certificate from the competent court of law.
[Jayshree v. Satyendra, 2023 SCC OnLine Bom 1582]
[Principle of Judicial Propriety] Successive bail application needs to be decided by the same Judge on merits, if available at the place of sitting: Bombay High Court
Bombay High Court: A bail application was filed under section 439 of Criminal Procedure Code after an earlier bail application was rejected by a co-ordinate judge of the Court. Amit Borkar, J., directed the applicant to file the application before the same Judge who permitted to withdraw the application as the same Judge needs to adjudicate whether there is a change in circumstance as claimed by the applicant, which entitles him to file a subsequent bail application.
[Ajay Rajaram Hinge v. State of Maharashtra, 2023 SCC OnLine Bom 1551]
Dying Declaration | Section 32(1) of Evidence Act is an exception to general rule against hearsay evidence: Bombay High Court upholds conviction order against the accused
Bombay High Court: In an appeal challenging conviction for offences under Section 302 of Penal Code, 1860 (‘IPC’) by the Trial Court sentencing the appellant with life imprisonment and fine, the Division Bench of Vibha Kankanwadi and S.G. Chapalgaonkar, JJ. dismissed the appeal after finding that the prosecution had proved the offence against the accused beyond reasonable doubt while clarifying that Section 32(1) of the Evidence Act makes the statement of the deceased admissible as against hearsay evidence.
[Bhagwan Ramdas Tupe v. State of Maharashtra, 2023 SCC OnLine Bom 1554]
CALCUTTA HIGH COURT
Calcutta High Court acknowledges Durga Puja festival’s cultural and secular dimensions, allows hosting “Durga Utsab 2023” on New Town Mela Ground
Calcutta High Court: While deciding a case related to a dispute over permission to hold a Durga Puja festival in a designated fairground, with the petitioners invoking their rights under Articles 14 and 19 of the Constitution of India, a single-judge bench comprising of Sabyasachi Bhattacharyya,* J., emphasized that the festival was not just a religious event but also had cultural and public significance. The Court held the refusal to grant permission arbitrary and ordered the respondent authorities to allow the festival to proceed.
[Manab Jati Kalyan Foundation v. State of W.B.]
Writ Court should not intervene to permit activities like Puja amid property title dispute: Calcutta High Court
Calcutta High Court: While deciding an appeal against a writ court order that granted directions for conducting Durga Puja on disputed land, a Division bench comprising of T. S. Sivagnanam, CJ., and Hiranmay Bhattacharyya, J., held that such permissions should be pursued through the pending civil suit and set aside the order, permitting the committee to approach the civil court with the necessary application.
[Ram Prasad Das v. State of W.B., 2023 SCC OnLine Cal 2438]
“Holistic and Common-sense interpretation of Arbitration Clause”; Calcutta High Court grants interim relief, allows access to financial records and account funds
Calcutta High Court: A single-judge bench comprising of Ravi Krishan Kapur,* J., affirmed the sanctity of arbitration agreements and emphasized a holistic interpretation of their scope. The Court recognized the enforceability of Emergency Arbitrator’s orders in situations where both parties participated and agreed to be bound by the orders, even though the Act lacks explicit provisions for such enforcement.
[Uphealth Holdings Inc. v. Glocal Healthcare Systems (P) Ltd.]
Suit against trade name/partnership firm should follow the procedural requirements laid down in CPC: Calcutta High Court
Calcutta High Court: A single-judge bench comprising of Siddhartha Roy Chowdhury,* J., held that a suit against a trade name or a partnership firm should follow the procedural requirements and that necessary parties should be joined. The Court set aside impugned order due to the lack of evidence for subletting and the non-maintainability of the suit.
[Baijnath Choubey & Co. v. Vinay Chandra Devidas]
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.
[W.B. State Electricity Distribution Co. Ltd. v. Raju Sekh, 2023 SCC OnLine Cal 2439]
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.
[Dhansar Engineering Co. (P) Ltd. v. W.B. Mineral Development & Trading Corpn. Ltd., 2023 SCC OnLine Cal 2440]
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.
[State of W.B. v. Mohd. Habibullah Khan, 2023 SCC OnLine Cal 2436]
“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.
[Panchanan Ghorai v. State of W.B., 2023 SCC OnLine Cal 2434]
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.
[X v. State of W.B., 2023 SCC OnLine Cal 2435]
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.”
[Swapan Kumar Das v. State of W.B., 2023 SCC OnLine Cal 2427]
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.
[Reajul Hoque v. State of W.B., 2023 SCC OnLine Cal 2381]
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.
[Jaishree Steels (P) Ltd. v. W.B. State Electricity Distribution Co. Ltd., 2023 SCC OnLine Cal 2356]
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.
[Prapti Chakraborty v. State of W.B., 2023 SCC OnLine Cal 2403]
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.
[Enayet Ali Molla v. State of W.B., 2023 SCC OnLine Cal 2354]
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.
[Mohd. Musir Ahmed v. Indian Oil Corpn. Ltd., 2023 SCC OnLine Cal 2364]
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).
[Banani Mistri v. State of W.B., 2023 SCC OnLine Cal 2344]
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.
[Kobelco Construction Equipment India (P) Ltd. v. Lara Mining, 2023 SCC OnLine Cal 2327]
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.
[Draupadi Poira v. Bhagabat Chandra Poira, 2023 SCC OnLine Cal 2306]
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.
[Ajoy Sharma v. Dwijendra Nath Dhar, 2023 SCC OnLine Cal 2309]
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.
[Cape Foundation v. State of W.B., 2023 SCC OnLine Cal 2294]
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.
[Shubhendu Kumar Goswami v. State of W.B., 2023 SCC OnLine Cal 2318]
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.”
[Bithika Sil v. Kartick Paik, 2023 SCC OnLine Cal 2282]
Calcutta High Court quashes criminal proceeding under Section 153-A of IPC in Dhulagarh Riots Coverage Case
A single-judge bench comprising of Bibhas Ranjan De,* J., held that the prosecution failed to present material showing intent to cause disorder or incite violence, therefore, any further proceeding would amount to abuse of court process and quashed the criminal proceeding against the petitioners.
[Pooja Mehta v. State of W.B., 2023 SCC OnLine Cal 2301]
Calcutta High Court dismisses PIL alleging misappropriation of funds by Kharagpur Panchayat Samity’s Executive Officer
In a public interest writ petition (PIL) related alleged misappropriation of funds by the Executive Officer of Kharagpur — II Panchayat Samity, a Division bench of T. S. Sivagnanam, CJ., and Hiranmay Bhattacharyya, J., disposed of the PIL with the direction to the District Magistrate to provide an appropriate reply to the petitioner in response to the petitioner’s representation.
[Binoy Krishna Raj v. State of W.B.]
Calcutta High Court dismisses PIL in alleged misuse of National Flag in election campaign
In a case related to printing of respondent’s photograph on the national flag and using it for campaign purposes during the Panchayat elections, the division bench of T.S. Sivagnanam, CJ., and Hiranmay Bhattacharyya, J., observed that the FIR is registration on the alleged offence and the investigation is in progress, therefore the petitioner’s grievance has already been addressed. The Court further emphasized the police’s duty to carry out a thorough investigation and adhere to legal protocols.
[Ramesh Sadhukhan v. Union of India, 2023 SCC OnLine Cal 2291]
Mental Cruelty is subjective and varies from person to person; Calcutta High Court acquits accused in alleged domestic cruelty case
A single-judge bench comprising of Shampa Dutt (Paul),* J., held that the victim’s claims lack substantial corroboration and the demand for dowry is not proven. The Court set aside the appellant’s conviction under Section 498-A of the Penal Code, 1860 (IPC). “The conduct of the concerned party should be grave and substantial and it must be much more serious than the ordinary wear and tear of daily life.”
[Hira Bittar v. State of W.B., 2023 SCC OnLine Cal 2260]
Compliance of Section 19 of MSMED Act is a pre-requisite for seeking Stay on Arbitral Award: Calcutta High Court
A single-judge bench comprising of Moushumi Bhattacharya,* J., held that compliance with Section 19 of the Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act) is mandatory for seeking a stay of an award and dismissed the petitioner’s application for stay on arbitral award.
“The petitioner must first comply with Section 19 of the MSMED Act to breathe life into the application.”
[Board of Major Port Authority for the Shyama Prasad Mookerjee Port v. Marine Craft Engineers (P) Ltd., 2023 SCC OnLine Cal 2200]
‘Affected individuals should not lose pensionary benefits due to delay in appointment by authorities’; Calcutta High Court directs notional appointment
A single-judge bench comprising of Hiranmay Bhattacharyya, J., held that the delay in appointing the petitioner is solely attributable to the conduct of the respondent authorities and directed the authorities to consider the petitioner’s claim for pensionary benefit, treating him notionally appointed on the date the decision was taken to forward his name for approval.
[Goalbadan Mandal v. State of W.B., 2023 SCC OnLine Cal 2267]
Calcutta High Court warns disquiet litigant against misuse of Legal Process; imposes Rs. 5 Lakh cost
A Division bench comprising of Harish Tandon and Prasenjit Biswas, JJ., while emphasizing that allegations of fraud should be made with clarity and precision, dismissed the appellant’s application for recall of Order based on alleged fraud played on the Court. The Court further discouraged the misuse of the legal process and imposed costs of Rs. 5,00,000/- on the applicants for filing a frivolous application.
[Odisha Slurry Pipeline Infrastructure Ltd. v. Rakesh Sharma]
Raids by officials of Eastern Coalfields not illegal: Calcutta High Court
In a case related to allegation of terror activities and illegal mining within the Eastern Coalfield area under Salanpur Police Station, District Burdwan, a single-judge bench comprising of Bibhas Ranjan De,* J., held that raids conducted by the officials of Eastern Coalfield Ltd. was by virtue of repeated directions of the High Court, therefore the same cannot be held as illegal.
[Raja Paul v. State of W.B., 2023 SCC OnLine Cal 2216]
Calcutta High Court rejects plea challenging Minimum Wage Advisory for Tea plantations in West Bengal
A single bench comprising of Raja Basu Chowdhury* J., held that the petitioners have willingly acquiesced to the Government’s decision regarding wage enhancements, and having done so, they cannot now be allowed to challenge the action taken by the State or question the authority of the Government to issue the Advisory.
[Goodricke Group Ltd. v. State of W.B., 2023 SCC OnLine Cal 2241]
Tax Recovery| Purchasing dealer cannot be denied Input Tax Credit for selling dealer’s failure to deposit tax: Calcutta High Court
While deciding an appeal challenging the reversal of input tax credit (ITC) availed under the West Bengal Goods and Services Tax Act, 2017 (WBGST Act), a Division bench comprising of T.S. Sivagnanam,* CJ., and Hiranmay Bhattacharyya, J., set aside the order passed by the Assistant Commissioner of State Tax and the directed the relevant authorities to prioritize taking action against the supplier. The Court further specified that any action against the appellants would only be permissible under extraordinary circumstances as outlined in the press release released by the Central Board of Indirect Taxes and Customs (CBIC).
[Suncraft Energy (P) Ltd. v. State Tax, 2023 SCC OnLine Cal 2226]
Calcutta High Court directs examination of safety measures to prevent entry of ragpickers into dumping yards
In a case related to safety concerns of ragpickers entering the dumping yard, a Division bench of T.S. Sivagnanam, CJ., and Hiranmay Bhattacharyya, J., directed the respondent authorities to submit a comprehensive report outlining the measures that will be implemented to ensure the safety of ragpickers and prevent their unauthorized entry into the dumping yard.
[Subhas Datta v. State of W.B., 2023 SCC OnLine Cal 2292]
Calcutta High Court dismisses premature writ petition challenging appointment of WBSCTVESD’s Chief Administrative Officer
In a case where the petitioner filed a public interest writ petition to challenge the appointment of the Chief Administrative Officer, a Division bench comprising of T.S. Sivagnanam, CJ., and Hiranmay Bhattacharyya, J., rejected the same on the grounds of prematurity and the lack of prior exhaustion of available remedies.
[Arnab Ghosh v. State of W.B., 2023 SCC OnLine Cal 2293]
FSSAI | Can Police, not being Food Safety Officers, investigate food safety matters punishable under IPC? Calcutta High Court examines
Calcutta High Court: A single bench comprising of Subhendu Samanta,* J., held that the police, though not being Food Safety Officers under the Food Safety and Standards Act, 2006 (FSS Act), are not barred from investigating offences punishable under the IPC, including Sections 272 and 273. The Court further held that the application for quashing of FIR is not maintainable when the police report has submitted charge sheet before the Magistrate after conclusion of investigation.
[Sushil Kr. Gupta v. State of W.B., 2023 SCC OnLine Cal 2217]
Calcutta High Court criticizes authorities for cryptic considerations and denial of due process in rejecting OBC certificate; orders fresh enquiry
Calcutta High Court: A single bench comprising of Sabyasachi Bhattacharyya,* J., allowed the writ petition and set aside the impugned rejection of the petitioner’s claim for an OBC Certificate and remanded back the matter to the concerned Block Development Officer (BDO) for a fresh consideration.
[Susanta Ghosh v. State of W.B., 2023 SCC OnLine Cal 2250]
Wife leaving matrimonial house with traditional marriage ornaments cannot form basis for criminal case: Calcutta High Court
Calcutta High Court: A single bench comprising of Shampa Dutt (Paul),* J., quashed the impugned criminal proceeding pending before the Judicial Magistrate and all related orders and held that the criminal proceedings against the petitioner that she allegedly took ornaments with her upon leaving the matrimonial home is unjustified.
[Mithu Dash v. State of W.B., 2023 SCC OnLine Cal 2221]
Postal Department is liable for fraudulent act committed by its authorized SAS Agent: Calcutta High Court
Calcutta High Court: A single bench comprising of Shekhar B. Saraf,* J., held that the postal department is liable for the fraudulent actions of its authorized SAS agent, and certain post office employees involved in the fraud. The Court further held that the condition precedent for the issuance of a Writ of Mandamus is the violation of a legal right and since the petitioners’ claim is justified, therefore, Writ of Mandamus can be issued against the postal authorities.
[Sulekha Chatterjee v. Union of India, 2023 SCC OnLine Cal 2242]
Calcutta High Court dismisses PIL filed with private motive and direct interest in a Medical College’s establishment
Calcutta High Court: While hearing a Public Interest Litigation (PIL) challenging the recognition granted to a medical college on the grounds of violation of certain required provisions, a Division bench of T. S. Sivagnanam, CJ., and Hiranmay Bhattacharyya, J., while held that the present writ petition is not maintainable as the same is originated by private motives of the petitioners who have direct and substantial interest in the establishment of the medical college.
[Kallol Chatterjee v. State of W.B., 2023 SCC OnLine Cal 2237]
Calcutta High Court upholds BPCL’s decision to suspend supplies in LPG distributorship amidst partnership dispute
Calcutta High Court: While deciding an appeal against order refusing renewal of LPG Distributorship Agreement, a Division bench of T. S. Sivagnanam, CJ., and Hiranmay Bhattacharyya,* J., observed that the supplementary partnership deed resulted in a change in the firm’s constitution, as it significantly affected the 9th respondent’s role and share and held that, “the changes made in the Supplementary Deed without the previous approval of BPCL is violative of Clause 21 of the distributorship agreement.”
[Monmohan Dutta v. Bharat Petroleum Corpn. Ltd., 2023 SCC OnLine Cal 2225]
Object of Arbitration Act’s Section 12(2) disclosure is to prohibit any continued Arbitrator-Party associations during proceedings: Calcutta High Court
Calcutta High Court: In an arbitration petition filed by the award debtors under Section 34 of the Arbitration and Conciliation Act, 1996 (the Act) for setting aside the award, Execution case (EC) filed by the award holder under Section 36(1) of the Act for enforcement of the award and General Application (‘GA’) by award debtor under Section 36(2) for an unconditional stay of the award as the order was vitiated by fraud, the Single Judge Bench of Rajasekhar Mantha* J., held that the impugned award to be set aside and allowed the Arbitation Petition while dismissing the Execution Case on the ground of bias on the part of the Arbitrator.
[C & E Ltd. v. Gopal Das Bagri, 2023 SCC OnLine Cal 2166]
Here’s why Calcutta High Court stayed TMC’s proposed Political Protest and ‘Gherao’
Calcutta High Court: A Division bench comprising of T. S. Sivagnanam, CJ., and Hiranmay Bhattacharyya, J., issued injunction against the private respondents and all concerned parties from holding the proposed political protest or causing inconvenience to the general public on 05-08-2023.
[Suvendu Adhikari v. State of W.B., 2023 SCC OnLine Cal 2251]
Women entitled to care and support from partners who contract second marriage under personal law: Calcutta High Court
Calcutta High Court: A single bench comprising of Shampa Dutt (Paul), J., held that a man who marries for a second time is still obligated to maintain his first wife of 9 years and set aside the impugned order and modified the maintenance amount back to Rs. 6,000 per month, payable from the date of filing of the maintenance application in accordance with the guidelines set by the Supreme Court in Rajnesh v. Neha, 2021 (2) SCC 324.
[Sefali Khatun v. State of W.B., 2023 SCC OnLine Cal 2204]
Calcutta High Court dismisses Nazia Elahi Khan’s PIL seeking restriction on Hate speeches
Calcutta High Court: While dismissing a Public Interest Litigation (PIL) seeking a direction refraining a private respondents from making hate speeches and offending religious sentiments of the public, a Division bench of T. S. Sivagnanam, CJ., and Hiranmay Bhattacharyya, J., while held that the law already offers adequate remedies for addressing petitioner’s grievances, i.e. hurting the religious sentiments of people and causing damage to the fabric of the society by certain individuals’ speeches.
[Nazia Elahi Khan v. State of W.B., 2023 SCC OnLine Cal 2207]
Calcutta High Court gives directions to Eastern Railway in Baruipur railway station water body restoration case
Calcutta High Court: In Baruipur railway station water body restoration case, a Division bench of T. S. Sivagnanam, CJ., and Hiranmay Bhattacharyya, J., held that the responsibility of cleaning and maintaining the area and water body adjacent and surrounding Platform No. 4 at Baruipur Railway Station be entrusted to Eastern Railway, with the cooperation of officials from the concerned district.
[Goutam Malik v. State of W.B., 2023 SCC OnLine Cal 2208]
Court does not require statutory sanction before permitting an award-holder to withdraw secured amount: Calcutta High Court
Calcutta High Court: While allowing an application to withdraw the secured amount during the pendency of setting aside of arbitral award proceedings, a Single bench of Moushumi Bhattacharya*, J., held that the respondent-award-holder is permitted to withdraw the amount of Rs. 9 crores upon furnishing a bank guarantee of an equivalent amount with the Registrar, Original Side.
[State of W.B. v. BBM Enterprise, 2023 SCC OnLine Cal 2134]
Ram Navami Violence| Calcutta High Court directs immediate handover of investigation reports to NIA
Calcutta High Court: A single bench comprising of Jay Sengupta,* J., directed the State of West Bengal to comply with the previous orders passed by the Division Bench of this Court and affirmed by the Supreme Court, and to hand over all the investigation files related to the cases as requested by the petitioners to the National Investigation Agency by the specified date and time.
[National Investigation Agency v. State of W.B., 2023 SCC OnLine Cal 2209]
Critical omissions in Sentence Review Board’s consideration; Calcutta High Court directs to reconsider remission plea of man incarcerated for 23 years
Calcutta High Court: While deciding a remission application of the petitioner who is in incarceration for about 23 years, a single bench comprising of Sabyasachi Bhattacharyya*, J., remanded the remission application back to the State Sentence Review Board for a fresh consideration in compliance with the law, relevant guidelines, and precedents.
[Biresh Poddar v. State of W.B., 2023 SCC OnLine Cal 2196]
No one should suffer indefinitely due to inaction in police verification for passport issuance: Calcutta High Court
Calcutta High Court: A single bench comprising of Sabyasachi Bhattacharyya*, J., held that the petitioner cannot suffer indefinitely due to inaction on the part of the respondent authorities and directed the respondent authorities to ascertain with immediacy the genuineness of documents produced for verification by the petitioner.
[Shivani Mishra v. Union of India, 2023 SCC OnLine Cal 2197]
CHHATTISGARH HIGH COURT
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.
[Payal Sharma v. Umesh Sharma, 2023 SCC OnLine Chh 3107]
DELHI HIGH COURT
Delhi High Court | Maintenance amount is a legal ‘debt’, can be recovered through a civil suit
Delhi High Court: An appeal was filed under Section 19 of the Family Courts Act, 1984 challenging the judgment dated 17-05-2019 dismissing the suit filed by the guardian on behalf of the minor, for recovery of Rs.2,78,800 on account of the maintenance granted by Family Court. A division bench of Suresh Kumar Kait and Neena Bansal Krishna, JJ., sets aside the impugned order and entitled the appellant to maintenance @Rs. 2,05,000/- (Rupees Two Lakh Five Thousand only) along with pendent lite and future interest @ 5% per annum till the date of realization.
[Vasu Bajaj v Rakesh Bajaj]
Delhi High Court establishes Fact-Finding Committee to evaluate sanitation and drinking water conditions in Tihar Jail
Delhi High Court: In a case wherein, Delhi High Court Legal Services Committee, the petitioner filed a petition to address the issue of supply of clean drinking water and maintaining hygienic sanitary conditions within the Tihar Jail Complex, the Division Bench of Satish Chandra Sharma, C.J., and Sanjeev Narula, J., directed to establish an independent Fact-Finding Committee to impartially evaluate the present conditions of the Tihar Jail and update the Court on the status of drinking water, sanitation, overall hygiene, and the maintenance of washrooms or toilets within the complex.
[Delhi High Court Legal Services Committee v. State ( NCT of Delhi)]
Not providing consent for moving Second Motion petition for divorce will not amount to contempt of court’s order: Delhi High Court
In a case wherein the petition was filed under Sections 12 and 14 of the Contempt of Courts Act, 1971 (‘Contempt Act’) seeking the relief to punish the respondent for the wilful disobedience of the Order dated 29-11-2021 passed by this Court, Chandra Dhari Singh, J., opined that merely not providing consent for moving the Second Motion petition for divorce in itself would not amount to contempt of the Court’s order or direction, since the action/inaction on the part of the respondent could not be considered to fall under the “wilful disobedience” which was an indispensable requirement for making out a case for civil contempt. The Court further opined that the respondent had the statutory right to reconsider his decision and consent for obtaining a decree of dissolution of marriage during the intervening period and hence, an exercise of his rights could in no manner be categorized as wilful disobedience.
[Vineeta Daulet Singh v. Bikkrama Daulet Singh]
Delhi High Court directs Sun Pictures to digitally alter/edit clippings that feature RCB Jersey in ‘Jailer’ movie
In this suit, the plaintiff represented the RCB team/franchise, who discovered that their team jersey was being used, rather derogatory, in the film ‘Jailer ‘, produced by Sun Pictures, Pratibha M. Singh, J., directed that with effect from September 2023, in the theatrical depiction of the film Jailer, the RCB team jersey shall stand edited/altered. Further, the defendants shall ensure that after 01-09-2023, none of the theatres would exhibit the RCB jersey in any form whatsoever and insofar as television, satellite or any OTT platform was concerned, prior to the release thereof, the altered version of the film shall be broadcasted/telecasted.
[Royal Challengers Sports Private Limited v. Sun Pictures]
[S. 34 Arbitration Act] Delhi High Court upholds arbitral award for lack of benefit of the ground of “patent illegality”
A petition was filed under Section 34 of the Arbitration and Conciliation Act, 1996 was been filed against the final Award dated 11-09-2020 whereby the Arbitral Tribunal allowed the claims filed by the respondent/claimant seeking reimbursement of the additional costs incurred by him due to increase in size of the certain structures, related earth work and allied works arising from change in size of certain structures as a result of variation in the firm list of structures provided in the contract. Chandra Dhari Singh, J., held that the Tribunal, while making extensive observations upon appreciating the terms of the agreement between the parties as well as the subsequent course of the events unfolded between the parties, had rightly concluded the proceedings by directing the petitioner to pay for the additional costs incurred by the respondent/claimant for completion of the project.
[Dedicated Freight Corridor Corpn. of India Ltd. v. Tata Aldesa JV, 2023 SCC OnLine Del 5243]
Delhi High Court directs former J&K CM Omar Abdullah to pay maintenance of Rs. 1.5 lakhs per month to his wife, Payal Abdullah
In a case wherein revision petitions had been filed under Sections 397 and 401 read with Section 482 of the Criminal Procedure Code, 1973, (‘CrPC’) challenging the Order passed by the Principal Judge, Family Court, Patiala House, New Delhi, whereby the grant of maintenance to both the children of the respondent, namely, Zahir Abdullah and Zamir Abdullah, under Section 125 of the CrPC was rejected; the younger child was granted maintenance of Rs. 25,000 for a limited period of three months till he attained the age of majority and the respondent’s wife, Payal Abdullah was granted Rs. 75,000 as interim maintenance, Subramonium Prasad, J.*, opined that considering the financial capacity of the respondent to provide a decent standard of living to his wife and children commensurate with his income and the standard of living that the petitioners enjoyed previously, there was no reason that the maintenance amount awarded to Payal Abdullah should not be enhanced to that extent. Accordingly, this Court observed that there was limited merit in the instant petition and thus, directed the interim maintenance amount to be increased from Rs. 75,000 per month to Rs. 1,50,000 per month for Payal Abdullah. This Court further opined that even though the petitioners, Zahir Abdullah and Zamir Abdullah, being major, were not entitled to any maintenance as per the law, the respondent must pay Rs. 60,000 per month per son to Payal Abdullah for their education.
[Zahir Abdullah v. Omar Abdullah]
Gender-specific legislations are not biased against opposite gender, rather address unique issues faced by a particular gender: Delhi High Court
In a case wherein, the petitioner filed a petition under Section 397 read with Section 401 of Criminal Procedure Code, 1973 (‘CrPC’) to set aside the impugned order dated 05-07-2018 passed by the Metropolitan Magistrate, Patiala Hose Courts, New Delhi under Section 509 of the Penal Code, 1860 (‘IPC’), Swarana Kanta Sharma, J.*, opined that insulting a woman, being rude to her, and not behaving in a chivalrous manner as she would have expected, would not be covered under the definition of outraging the woman’s modesty and set aside the order passed by the Trial Court.
[Varun Bhatia v. State]
Creating separate classification in appointments for better qualification will not violate fundamental rights of a person: Delhi High Court
In a case wherein, the petitioner filed a petition under Article 226 of the Constitution to seek deletion of the preference clause prescribed in eligibility section of the published advertisement, Chandra Dhari Singh, J.* held that Respondent 1, Public Enterprises Selection Board had not violated the fundamental right of the petitioner by creating separate classification for better qualification, and accordingly, dismissed the petition.
[Ruchir Agrawal v. Public Enterprises Selection Board, 2023 SCC OnLine Del 5252]
[S. 376 IPC] ‘Status of applicant is merely of a suspect being innocent till proven guilty’; Delhi HC grants bail
An application was filed under Section 439 of the Code of Criminal Procedure, 1973 seeking regular bail dated 20-05-2022 under Sections 376D, 377, 328, 506, 509 and 34 of Penal Code, 1860. Saurabh Banerjee, J., released the applicant on bail under Sections 376D, 377, 328, 506, 509 and 34 of Penal Code, 1860 on furnishing a personal bond in the sum of Rs. 25,000 along with one surety of the like amount by a family member/ friend having no criminal case pending against them, subject to the satisfaction of the learned Trial Court.
[Shan Mohd v State]
S 34 (4) cannot save or aid an arbitral award suffering from illegalities stipulated under S. 34(2) Arbitration Act: Delhi High Court
Two cross petitions were filed under Section 34 of the Arbitration and Conciliation Act, 1996, Trichy Thanjavur Expressway Limited seeking to set aside a part of the arbitral award dated 07-08-2022 to the extent that it had rejected claims amounting to INR 30,27,33,01,844, while National Highway Authority of India seeking to set aside the arbitral award to the extent of the findings returned in respect of Claim No. 1(b) and (g) as well as on Claim No. 8. Yashwant Varma, J., held that if an award is found to suffer from any of the illegalities given under Section 34(2) (a) or (b), it must suffer the fate of being set aside and cannot be saved with the aid of Section 34(4) and further directed the cross petitions to be placed before the Roster Bench concerned for further consideration on 14-09-2023.
[National Highways Authority of India v. Trichy Thanjavur Expressway Ltd., 2023 SCC OnLine Del 5183]
Delhi High Court issues directions to provide infrastructure to ensure persons with disabilities can participate in proceedings
In a case wherein, the petitioner had filed a writ petition under Article 226 of the Constitution read with Section 482 of the Criminal Procedure Code, 1973 to direct the State to constitute a Special Court as per Section 84 of the Right of Persons with Disabilities Act, 2016 (‘RPWD Act’), Swarana Kanta Sharma, J.*, opined that active judicial conduct to ensure access of persons with disabilities in the judicial process would ensure constitutional vision of justice was achieved and stated that the directions issued by the Court should be complied with by the authorities within a period of three months.
[Rakesh Kumar Kalra Deaf Divayang v. State (NCT of Delhi), 2023 SCC OnLine Del 5261]
Composite trade marks not to be dissected to determine deceptive similarity, comparison to be made as a whole: Delhi High Court
While hearing a case for the grant of interim injunction under Section 29 of the Trade Marks Act, 1999 (‘Act’) to the plaintiff, Dolphin Mart Pvt. Ltd., bearing the trade mark (d’mart); Jyoti Singh, J.*, rejected the application by stating, that the use of the trade mark (DMART) by the defendant, Avenue Supermarts Ltd., was neither deceptively similar nor identical, to the mark of the plaintiff and was unlikely to cause confusion in the eyes of a reasonable man.
[Dolphin Mart (P) Ltd. v. Avenue Supermarts Ltd., 2023 SCC OnLine Del 5170]
Artificial Intelligence cannot substitute human intelligence in adjudicatory process: Delhi High Court refuses to rely on ChatGPT responses
In a case wherein, Christian Louboutin SAS, Plaintiff 1, and Plaintiff 2, Clermon ET Associes, France, filed a suit against the Shoe Boutique, the defendant, to restrain them from manufacturing and selling of identical spike design shoes and footwear, Pratibha M. Singh, J.* opined that the acts of the defendant were nothing more but an attempt to pass off its own goods as the plaintiff’s and directed the defendant to abide by its undertaking and should not copy the plaintiff’s designs and in case of any breach, the defendant would be liable to pay a lump sum amount of Rs. 25 lakhs as damages to the plaintiffs.
[Christian Louboutin SAS v. The Shoe Boutique]
Delhi High Court directs authorities to provide counselling to parents to accept their daughter’s sexual orientation
In a case wherein the petitioner filed the present case for her next friend, Gulafsha, purportedly missing, the Division Bench of Suresh Kumar Kait and Neena Bansal Krishna, JJ., took note of Gulafsha’s wishes to not reside with her family. In this backdrop, the Court directed the Police Officials to escort Gulafsha to a Shakti Shalini Shelter Home and make necessary arrangements for her sustenance.
[Neha v. State (NCT of Delhi)]
Contractual female employees cannot be denied maternity benefits solely due to nature of employment; Delhi HC directs DSLSA to grant maternity benefit to its advocate
In a case wherein the petition was filed under Article 226 of the Constitution praying for directing the respondent to grant all the consecutive maternity benefits to the petitioner which was applicable to regular female employees of the respondent, Chandra Dhari Singh, J.*, opined that to stand in the way of exercise of the right by a woman, without procedure or intervention of law, was not only violative of the fundamental rights granted by the Constitution but also against the basic tenets of social justice. Thus, the Court opined that the respondent should have extended the benefits and reliefs under the Act to the petitioner as were being extended to its own employees who were similarly situated.
[Annwesha Deb v. Delhi State Legal Services Authority]
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.
[Liberty Footwear Co. v. Liberty Shoes Ltd., 2023 SCC OnLine Del 5125]
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.
[Flipkart India (P) Ltd. v. Value Added Tax Officer, 2023 SCC OnLine Del 5201]
‘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.
[Meenakshi Chaudhary v. Delhi High Court, 2023 SCC OnLine Del 5250]
‘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.
[Fluke Corpn. v. Registrar of Trademarks, 2023 SCC OnLine Del 5024]
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.
[National Projects Constructions Corpn. Ltd. v. Interstate Construction, 2023 SCC OnLine Del 4537]
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.
[Abhishek v. State (NCT of Delhi), 2023 SCC OnLine Del 5057]
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.
[Enconcore N.V. v. Anjani Technoplast Ltd., 2023 SCC OnLine Del 4776]
‘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.
[Splendor Landbase Ltd. v. Aparna Ashram Society, 2023 SCC OnLine Del 5148]
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.
[Nidhi Kapoor v. Union of India, 2023 SCC OnLine Del 5099]
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.
[XYZ v. Bharat Prakashan (Delhi) Ltd., 2023 SCC OnLine Del 5069]
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.
[Diamond Entertainment Technologies (P) Ltd. v. Religare Finvest Ltd., 2023 SCC OnLine Del 4905]
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.
[Court on its Own Motion v. SDMC, 2023 SCC OnLine Del 4980]
‘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’).
[Abhijit Mishra v. RBI, 2023 SCC OnLine Del 5094]
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.
[R.K. Kapoor v. State (NCT of Delhi), 2023 SCC OnLine Del 4984]
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’).
[Assem Aggarwal v. Ashi Kumar, 2023 SCC OnLine Del 5007]
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.
[Gautam Spinners v. Commr. of Customs, 2023 SCC OnLine Del 4041]
[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.
[Conference for Human Rights (India) v. Union of India, 2023 SCC OnLine Del 5016]
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.
[Ashok Kumar Rajdev v. State (NCT of Delhi), 2023 SCC OnLine Del 5015]
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.
[Goldy Engineering Works v. CCE, 2023 SCC OnLine Del 4094]
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.
[Lata Kumari v. Om Prakash Mandal, 2023 SCC OnLine Del 4933]
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.
[Sun Pharma Laboratories Ltd. v. Finecure Pharmaceuticals Ltd., 2023 SCC OnLine Del 4932]
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.
[Google LLC v. DRS Logistics (P) Ltd., 2023 SCC OnLine Del 4809]
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.
[Saiyam Mishra v. AIR India Ltd., 2023 SCC OnLine Del 4904]
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.
[Ranjeet Kumar Yadav v. State (NCT of Delhi), 2023 SCC OnLine Del 4867]
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.
[Naresh Kumar v. Union of India, 2023 SCC OnLine Del 4919]
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.
[Paul Components (P) Ltd. v. Hi Tech Arai (P) Ltd., 2023 SCC OnLine Del 4775]
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.
[Russell Corpn. Australia (P) Ltd. v. Ashok Mahajan, 2023 SCC OnLine Del 4796]
Revocation Petition under Section 64 of Patents Act is not a suit within the meaning of Section 10 of CPC: Delhi High Court
In a case wherein, the application was filed by Boehringer Ingelheim International GmbH (Respondent 2) under Section 10 of Civil Procedure Code, 1908 (‘CPC’) seeking stay of proceedings in the present revocation petition, filed by the petitioners under Section 64 of the Patents Act, 1970 (‘Patents Act’), C. Hari Shankar, J.*, held that it could not be said that, even on merits, any case existed for staying the present revocation petition and accordingly, dismissed the application.
[Dr. Reddys Laboratories Ltd. v. Controller of Patents, 2023 SCC OnLine Del 4701]
POCSO| Delhi High Court dismisses petition to recall 7-year-old victim for cross examination; says repeated opportunities do not necessarily indicate fair trial
In a case wherein, the petition was filed under Section 482 of Criminal Procedure Code, 1973 (‘CrPC’) to quash the order passed by Additional Sessions Judge, Protection of Children from Sexual Offences, Delhi, Swarana Kanta Sharma, J.*, opined that victim and her mother could not be recalled to relive the entire trauma only because the new counsel was dissatisfied with the elaborate cross-examination of these witnesses and accordingly dismissed the petition and directed the Trial Court to ensure that the trial is concluded expeditiously in the present case.
[Rakesh v. State (NCT of Delhi), 2023 SCC OnLine Del 4774]
“Unproven Extra-Marital Affair allegations do not constitute cruelty”; Delhi High Court sets aside Divorce Order
In an appeal filed by the appellant-wife challenging the judgment passed by the Family Court that allowed the petition seeking dissolution of marriage and thereby granted divorce on grounds of cruelty, a division bench of Sanjeev Sachdeva and Manoj Jain, JJ., sets aside the impugned order as the allegations of cruelty leveled by the husband remained unproven during proceedings and this by no stretch of imagination amounts to cruelty. The Family Court held that allegations such as the husband being in an illicit relationship and that he had attempted to kill her are ‘not proved’, therefore, such unproven allegations were sufficient to cause mental cruelty.
[Kamlesh Sharma v. Yogender Kumar Sharma, 2023 SCC OnLine Del 4779]
Delhi HC directs Goldmines Telefilms to not upload audio-visual songs from 14 movies in copyright infringement case by Super Cassettes Industries
In a case wherein the suit was filed by Super Cassettes Industries (P) Ltd. in respect of exploitation of the audio-visual songs from fourteen movies by Goldmines Telefilms (P) Ltd., Prathiba M. Singh, J., opined that considering the nature of the disputes raised, in the meantime, the defendant should not upload any further additional audio or audio-visual works from the suit films, apart from those which had already been uploaded on YouTube, till the next date of hearing.
[Super Cassettes Industries (P) Ltd. v. Goldmines Telefilms (P) Ltd., 2023 SCC OnLine Del 4777]
Delhi High Court issues directions to avoid medical negligence during MTP procedure in sexual assault survivors; Refuses bail
In a case that highlighted negligence on the part of medical authorities to conduct timely medical termination of pregnancy of a 16-year-old prosecuterix, resulting in loss of crucial piece of evidence i.e., preservation of fetus which plays a major role in sexual assault investigations, Swarana Kanta Sharma, J., laid down directions relating to the care and caution to be exercised by the doctors as well as the investigating authorities ensuring timely medical procedures considering the potential risks to the sexual assault survivors and thorough investigation.
[Nabal Thakur v. State, 2023 SCC OnLine Del 4765]
Power to transfer proceedings between High Courts u/s 25 of CPC is exclusively vested in Supreme Court: Delhi High Court
In a case wherein applications were filed by Respondent 2, to seek the transfer of revocation petitions and consolidation of these petitions with infringement suits pending before the Himachal Pradesh High Court, Pratibha M. Singh, J.*, opined that the power of transfer between two High Courts, could only be exercised in terms of Section 25 of Civil Procedure Code, 1908 (‘CPC’), exclusively by the Supreme Court and since, neither of the parties had sought the transfer of these petitions by filing any transfer petition before the Supreme Court, the applications were misconceived and thus, the Court dismissed the petition.
[Eris Lifesciences Ltd. v. Controller of Patents, 2023 SCC OnLine Del 4429]
[Right to Health] Delhi High Court issues directions to ensure mental and emotional health of prisoners
A petition was filed under Article 226 read with Section 482 of the Code of Criminal Procedure, 1973 (‘CrPC’) seeking quashing of order dated 18-01-2023 passed by the respondent rejecting the application of the petitioner seeking parole, and further seeking direction to the respondent to release the petitioner on parole for a period of 08-weeks for engaging a counsel of his own choice for filing Special Leave Petition (‘SLP’) before the Supreme Court. Swarana Kanta Sharma, J., issued directions regarding mental and emotional health of prisoners who have been incarcerated for long periods. The Court also directed that the petitioner be permitted to meet a private counsel of his choice either through jail meeting/mulakat or through video conferencing for the purpose of filing Special Leave Petition.
[Sartaj v. State (NCT of Delhi), 2023 SCC OnLine Del 4764]
[Glucon-D v Gluco-D] Delhi High Court restrains Cipla from using GLUCO-C and GLUCO-D for its energy drinks
A plaint was filed by Zydus Wellness Products Ltd (plaintiff) challenging products of Cipla Healthcare Ltd (Cipla) (defendant) alleging the defendant’s marks ‘GLUCO-C’ and ‘GLUCO-D’ are deceptively similar to the plaintiff registered trade marks ‘GLUCON-C’ and ‘GLUCON-D’. C Hari Shankar, J., held that the defendants marks Prolyte Gluco-C ++ and Prolyte Gluco D ++ infringe the plaintiff registered marks GLUCON-C and GLUCON-D, especially as they are used for identical products.
[Zydus Wellness Products Ltd. v. Cipla Health Ltd., 2023 SCC OnLine Del 3785]
Superior court’s reversal/modification of a question of law forming the basis of a judgment cannot be a ground for review; Delhi HC reiterates
In a case wherein a review petition was filed by the respondent seeking review of the order dated 20-03-2023 passed by this Court, whereby the petition filed by the petitioner under Section 11 of the Arbitration and Conciliation Act, 1996 (‘Act’) was allowed, Sachin Datta, J.*, opined that in certain situations, it might be expedient to leave it to the arbitrator to determine the issue as to whether stamping was insufficient, and if so, the arbitrator would take recourse to Section 33 of the Stamp Act, 1889 (‘Stamp Act’). The Court observed that a review was even otherwise precluded in terms of the Explanation to Order XLVII Rule 1 of the Civil Procedure Code, 1908 (‘CPC’), which stated that where any question of law on which the judgment of the Court was based, had been reversed or modified by a subsequent decision of a superior Court in any other case, the same shall not be a ground for the review of such judgment. Thus, the Court dismissed the review petition and held that the applicant had failed to make out any case of review of the judgment/order dated 20-03-2023.
[Ambience Developers & Infrastructure (P) Ltd. v. Zesty Foods, 2023 SCC OnLine Del 4231]
Delhi High Court | Courts must prioritise purpose of a statute over technicalities while deciding condonation of delay applications
A petition was filed by District Magistrate, West District (petitioner) under Section 482 Criminal Procedure Code (CrPC) seeking to set aside an order dated 09-10-2019 passed by Additional Sessions Judge, Tis Hazari Court, New Delhi dismissing the revision petition on the grounds of an unexplained delay of 28-days. Swarana Kanta Sharma, J., condoned the delay of 28 days in filing the revision petition before the Revisionist Court and remanded the matter back to the revision court to decide the case, on merits, as per law because in cases where the larger interest of the society is involved, denying trial of the case by dismissing an application for condonation of delay of 28 days will result in a miscarriage of justice as the crime alleged is an offence against society.
[DM, West District v. Josan Diagnotics Centre, 2023 SCC OnLine Del 4640]
Delhi High Court grants injunction against WOW MOMO from using WOW CHINA BISTRO marks
The plaintiff filed a suit alleging infringement by WOW Momo Foods Limited (defendant) of its registered trade mark ‘CHINA BISTRO’ by adding the word ‘BISTRO’ under ‘WOW CHINA’. C. Hari Shankar, J., held that the defendant, as well as all others acting on its behalf, shall stand injuncted from using the mark/name or ‘WOW CHINA BISTRO’ as a trademark, label, device, trading style, trade name, logo, keyword, meta tag, domain name, or in any other manner, identical or deceptively similar to the Plaintiff’s mark ‘CHINA BISTRO’ till further orders to be passed in the suit. The Court clarified, however, that the defendant would be entitled to use WOW! CHINA and there is no interdiction in that regard.
[Foodlink F & B Holdings India (P) Ltd. v. Wow Momo Foods (P) Ltd., 2023 SCC OnLine Del 4719]
‘Policy framed by the Government is in national interest’; Delhi High Court dismisses plea against conversion of Ordnance Factory Board into Corporations
In a case wherein the petitioner, Bharatiya Pratiraksha Mazdoor Sangh (‘BPMS’) had filed a Public Interest Litigation stating that the notification issued on 01-10-2021 (‘impugned notification’), whereby seven Major Corporations had been established in place of Ordnance Factory Board (‘OFB’) regarding corporatization, was passed without considering the views of the workers who were one of the main stakeholders/sufferers in the corporatization process, the Division Bench of Satish Chandra Sharma, C.J.*, and Sanjeev Narula, J., opined that corporatization of the OFB, in no way, was violating or infringing the constitutional rights guaranteed to the citizens and the policy decision had been taken in larger public interest and in the interest of the nation to strengthen the defence production in the country ensuring quality products and a regular supply of arms and ammunitions to the Armed Forces. The Court did not find any reason to interfere with the policy decision of the Government, especially when the interests of the employees had already been protected.
[Bharatiya Pratiraksha Mazdoor Sangh v. Union of India Ministry of Defence, 2023 SCC OnLine Del 4694]
[WhiteHat Jr v. Whitehat Sr] Delhi High Court grants permanent injunction to Whitehat Education Technology for its marks ‘WhiteHat Jr’, ‘W’; awards Rs. 9 lakhs costs
In a case wherein, Whitehat Education Technology Pvt. Ltd., the plaintiff had filed a suit to grant permanent injunction against defendant’s marks and logos 
, 
Pratibha M. Singh, J.*, granted permanent injunction to the plaintiff, thereby restraining the defendant from using the mark ‘WHITEHAT SR’ and logos , or any mark or name which was either identical or deceptively similar variant of the plaintiff’s trade mark and trade name.
[Whitehat Education Technology (P) Ltd. v. Vinay Kumar Singh, 2023 SCC OnLine Del 4663]
For fixing inter se seniority, “date of appointment” of direct recruits should be considered: Delhi High Court
In a case wherein, the petition was filed by the petitioners for determining their seniority from the date on which the result was declared and to place them senior to promotee Assistant Commandant, General Duty (‘AC/GD’), promoted against vacancy and selected through Limited Department Competitive Examination (‘LDCE’), the Division Bench of Suresh Kumar Kait and Neena Bansal Krishna*, JJ., opined that the principle of determination of inter se seniority amongst direct recruits and promote officers made it clear that for the purpose of fixation of inter se seniority, the date to be calculated for the direct recruits was “the date of appointment”. Thus, the Court held that inter se seniority of the petitioners had been fixed correctly in accordance with the Central Reserve Police Force Act, 1949 (‘CRPF Act’), CRPF Group “A” General Cadre Recruitment Rules, 2010 and relevant Office Memorandums and thus, dismissed the petition.
[Jagmohan Vishwakarma v. Union of India, 2023 SCC OnLine Del 4494]
Delhi High Court dismisses PIL seeking implementation of Mental Healthcare Act in educational institutions
A petition was filed by minor, through her father seeking directions to the respondent authorities for implementation of provisions of the Mental Healthcare Act, 2017 and its accompanying rules in educational institutions, specifically at the school and collegiate level. A division bench of Satish Chandra Sharma, CJ., and Subramonium Prasad, J., dismissed PIL considering the measures taken by the authorities concerned towards the implementation of the Mental Healthcare Act, 2017.
[Devina Singh v. State (NCT of Delhi), 2023 SCC OnLine Del 3818]
Delhi HC dismisses PIL seeking removal of blockades while travelling from Supreme Court Additional Building to Delhi High Court
A petition was filed seeking a writ of mandamus, order or direction to be issued to the Respondents to remove the blockades which have been put on the crossings of Mathura Road preventing a right turn while coming from the additional building of the Supreme Court of India either to the main building of the Supreme Court of India or to the High Court of Delhi. A division bench of Satish Chandra Sharma, CJ., and Subramonium Prasad, J., dismissed the PIL because the traffic authorities are the best judges to decide the issue of regulation of traffic in the city.
[Mamta Rani v. State (NCT of Delhi), 2023 SCC OnLine Del 3817]
Delhi HC dismisses petition of a person suffering from ‘locomotor disability’ seeking to pursue MBBS course under PWD category
In a case wherein the petitioner filed a writ petition to issue direction to the respondents to allow him to participate in the counselling process of NEET-UG 2023 examination and grant admission in the MBBS course against the quota of person with disability, Purushaindra Kumar Kaurav, J.*, opined that disability certificate would have to be issued in accordance with the permissible disability and any inclusion or exclusion therein would not be permissible under the writ jurisdiction and refused to interfere with the instant petition.
[Sanyam Seth v. Union of India, 2023 SCC OnLine Del 4697]
Delhi High Court directs Delhi Government to ensure availability of cloud storage services to Sub-Registrars for preservation of documents
In a case wherein, the petition was filed to seek directions to make an inquiry about the missing records of volume 8486 and 8487 of additional book no. 1 of Sub-Registrar-III, which had the records of execution and registration of lands of the Monks Estates (P) Ltd., Petitioner 1 and also to re-construct the missing volumes, Pratibha M. Singh, J.*, directed the Government to ensure that the necessary systems and cloud service was made available to all the Sub-Registrars’ offices so that the documents could be preserved.
[Monk Estates (P) Ltd. v. State (NCT of Delhi), 2023 SCC OnLine Del 4570]
Delhi High Court grants injunction in favour of PUMA for alleged design infringement of its RS-X 3D Series shoes
A plaint was filed by PUMA SE (plaintiff) seeking injunctive relief being aggrieved by the fact that the defendant had, in its BERKINS brand of shoes, imitated the design of the plaintiff’s RS-X 3D series, to render the two shoes virtually indistinguishable to the eye of an average consumer. C. Hari Shankar, J., granted injunction against defendant 2 and directed the defendants to pay punitive damages, in addition, of ₹ 50,000/- to the plaintiff.
[Puma Se v. Girish Vohra, 2023 SCC OnLine Del 4533]
[S. 34 Arbitration Act] Delhi High Court refuses to interfere in Indian Railway’s plea regarding arbitral award being perverse
A petition was filed by Indian Railways, Union of India (petitioner) under Section 34 of the Arbitration and Conciliation Act, 1996 to set aside the arbitral award dated 02-05-2019 and the rectified Award dated 31-07-2019. Chandra Dhari Singh, J., held that the petitioner has failed to substantiate its grounds for setting aside the impugned Arbitral Award that the impugned award suffers from patent illegality and the findings therein are perverse, or the Arbitrator has not considered the pleadings and evidence placed before him and has arrived at a conclusion that is implausible.
[Union of India v. Besco Ltd., 2023 SCC OnLine Del 4559]
Delhi High Court grants injunction in favour of Glaxo Group for its marks Betnovate-N, Betnovate-C, T-Bact, Cobadex, Zentel, Augmentin
In a case wherein a suit was filed by the plaintiffs, seeking protection of its various marks for medicinal and pharmaceutical preparations, Prathiba M. Singh, J., opined that the defendant was brazenly using marks which were nearly identical to the plaintiffs’ marks and the defendant was also copying the get up and the colour combination. Thus, the Court thus held that there shall be an injunction restraining the defendant from manufacturing, selling, offering for sale any pharmaceutical preparations including ointments, creams, tablets, oral drops, capsules, and injections, under the marks BETNOSPAN-N, BETNOSPAN-C, T-BACT, ZENLET, COBADAY FORTE and ZEPMENTIN.
[Glaxo Group Ltd. v. Boots Lifesciences Ltd., 2023 SCC OnLine Del 4600]
Delhi High Court directs GGSIPU, State Government to ensure 5% reservation to specially abled persons in all educational institutions
In a case wherein, the petitioner, Justice For All filed a Public Interest Litigation under Article 226 of the Constitution stating that Guru Gobind Singh Indraprastha University (GGSIPU), the respondent University was not providing reservation to extent of 5% to the specially abled persons in accordance with the provisions of the Rights of Persons with Disabilities Act, 2016 (‘RPWD Act’), the Division Bench of Satish Chandra Sharma, CJ.*, and Saurabh Banerjee, J., directed the respondent University and State Government to make all possible endeavour for filling seats meant for specially abled persons.
[Justice for All v. State (NCT of Delhi), 2023 SCC OnLine Del 4609]
Delhi High Court grants permanent injunction to New Balance Athletics Inc for its ‘N’ device mark
In a case wherein the plaintiff, New Balance Athletics Inc. alleged infringement, by the defendant, Nine Plus Shoes (P) Ltd. of the plaintiff’s registered trade marks, C. Hari Shankar, J., granted permanent injunction to the plaintiff, thereby restraining the defendant from manufacturing, offering for sale, selling, displaying, advertising, marketing, whether directly or indirectly, and whether on the internet or otherwise, footwear and any other similar/related/allied/cognate goods bearing the defendant’s ‘N’ Mark and marks that incorporated the defendant’s ‘N’ Mark, or any other mark that was identical/deceptively similar to the plaintiff’s ‘N’ Marks , , and . The Court further held that whether the plaintiff’s registered trade marks , , and , were “well-known” trade marks within the meaning of Section 2(1)(zg) of the Trade Marks Act, 1999 (’Act’), would be decided on 16-08-2023.
[New Balance Athletics Inc. v. “Nine” Plus Shoes (P) Ltd., 2023 SCC OnLine Del 4532]
[Special Marriage Act] ‘AI increased the possibility of impersonation’; Delhi High Court directs Indian National to appear before Indian High Commission in Canada and join video conferencing
A petition was filed by the petitioners seeking a direction to the respondents to allow Petitioner 2, who is working in Canada, to appear through video conferencing before the Registering Authority (Respondent 2) for the purpose of registration of their marriage under the Special Marriage Act, 1954. Subramonium Prasad, J., directed petitioner 2 to appear before Indian High Commissioner in Canada and join the video conference to complete marriage formalities.
[Madiha Shariq v. State (NCT of Delhi), 2023 SCC OnLine Del 4625]
Mere use of word ‘arbitration’ or ‘arbitrator’ not enough to construe an agreement to be an arbitration agreement: Delhi High Court
In a case wherein, the petitioner, Pure Diets India Ltd., had filed a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 (‘Act’) for appointment of a sole Arbitrator in respect of a Supply Agreement (‘Agreement’), Jyoti Singh, J.*, held that mere use of the word ‘arbitration’ or ‘arbitrator’ was not enough to construe an agreement to be an arbitration agreement and dismissed the petition granting liberty to the petitioner to take recourse to other remedies available in law for redressal of its grievances.
[Pure Diets India Ltd. v. Lokmangal Agro Industries Ltd., 2023 SCC OnLine Del 4486]
Delhi High Court sets aside summon order issued to H&M in alleged violation of Legal Metrology Rules, 2011
A petition was filed by Hennes and Mauritz Retail Private Limited (H&M) seeking to quash the criminal complaint and the proceedings emanating therefrom and to set aside the summoning order dated 02-05-2016. Amit Bansal, J., held that no ingredients of the offence under Section 13(3)(b) of the 2011 Rules are made out in the present case.
[H&M Hennes & Mauritz Retail (P) Ltd. v. State (NCT of Delhi), 2023 SCC OnLine Del 4380]
Delhi High Court| TV 18 Broadcast Limited has no exclusive rights over the word “BHAIYAJI” in its popular show “BHAIYAJI KAHIN”
An application was filed by TV 18 Broadcast Limited (plaintiff) seeking a grant of interim relief against Benett, Coleman and Company Limited (defendants) to stop using the impugned mark “Bhaiya Ji Superhit” owing to the similarity in the trademarks as well as the nature of the show of the plaintiff by the name “Bhaiyaji Kahin”. Amit Bansal, J., refuses interim injunction in favour of TV 18 Broadcasting Limited as the word “Bhaiyaji” is generic in nature and is commonly used in certain states of India, including Uttar Pradesh and Bihar, and which literally translates into the word “brother” and is therefore, of a non-distinctive character.
[TV 18 Broadcast Ltd. v. Bennett Coleman & Co. Ltd., 2023 SCC OnLine Del 3837]
[SpiceJet v. Kal Airways] Delhi High Court upholds Arbitral Award of Rs. 270 crores; rejects SpiceJet’s plea
In a case wherein the petition under Section 34 of the Arbitration and Conciliation Act, 1996 (‘Act’) had been filed on behalf of SpiceJet Ltd., the petitioner in O.M.P. (COMM) 42 of 2019 and Ajay Singh, the petitioner in O.M.P. (COMM) 43 of 2019 (collectively ‘the petitioners’) who were aggrieved by the Arbitral Award passed on 20-7-2018, (‘impugned Award’), in the arbitration proceedings between the petitioners and the respondents, Chandra Dhari Singh, J.*, held that there was nothing in the impugned Award, even to the aspect of interest, which would lead this Court to take the view that there was any gross illegality which goes to the root of the matter or error apparent on the face of the record which would render the impugned Award patently illegal. Further, the conclusions drawn, and findings given were not of the nature that would shock the conscience of this Court. The Court thus held that it did not find any reason to interfere in the impugned Award dated 20-07-2018 passed by the Arbitral Tribunal (‘Tribunal’) in the arbitration proceedings initiated between the parties before this Court.
[Spicejet Ltd. v. Kal Airways (P) Ltd., 2023 SCC OnLine Del 4557]
Delay of nine months in lodging of FIR by wife; Delhi High Court grants anticipatory bail to husband accused of rape, sexual harassment, cruelty
In a case wherein an application had been filed under Section 438 of the Criminal Procedure Code, 1973 (‘CrPC’) for the grant of anticipatory bail to the applicant in FIR dated 30-03-2021 under Sections 364, 354A, 354B, 406, 498A, 506, 509, and 34 of the Penal Code, 1860 (‘IPC’), Saurabh Banerjee, J.*, noted the fact that the FIR was lodged after a delay of nine months and opined that while granting anticipatory bail to the applicant along with the nature and the gravity of the offence alleged, the Court also had to consider the role of the applicant, which was yet to be established. Thus, the Court granted anticipatory bail to the applicant.
[Parveen Soneja v. State (NCT of Delhi), 2023 SCC OnLine Del 4154]
GAUHATI HIGH COURT
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.
[Raham Ali v. State of Assam]
GUJARAT HIGH COURT
PCPNDT ACT| Genuine Doctors suffers due to authorities’ non-application of mind and eagerness to act promptly: Gujarat HC upholds discharge order
Gujarat High Court: In a petition under Article 226 and 227 of the Constitution of India against the order of Additional Sessions Judge, Rajkot, whereby the discharge application of the accused 1 (‘respondent’) who was a visiting doctor in the hospital was allowed and the order of Additional Chief Judicial Magistrate, Rajkot, rejecting the discharge application was reversed. Sandeep N. Bhatt, J. dismissed the petition and upheld the discharge order by the Additional Sessions Judge.
[Pappukumarsinh v. Dharmesh Bharatbhai Patel, 2023 SCC OnLine Guj 2443]
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.
[Gujarat Coop. Milk Marketing Federation Ltd. v. Excise & Taxation Commr., 2023 SCC OnLine HP 1018]
Consent for extending arbitral period under Section 29A(3) of 2015 Amendment Act doesn’t need to be express or in writing: Himachal Pradesh HC
In a case wherein, an appeal was filed by the applicants under Section 37(1)(c) of the Arbitration and Conciliation Act, 1996 (‘A&C Act, 1996’) against the judgment passed by the District Judge, Jyotsna Rewal Dua, J.*, opined that the consent of the parties under Section 29-A(3) of the Arbitration and Conciliation (Amendment) Act, 2015 (‘A&C (Amendment) Act, 2015’), for extending the arbitral period need not necessarily be either express or in writing and thus, the Court remanded the matter back to the District Judge, Mandi for afresh consideration.
[Balak Ram v. NHAI, 2023 SCC OnLine HP 944]
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.”
[Bodh Raj. v. State (UT of J&K), 2023 SCC OnLine J&K 508]
What is the importance of motive in a case based on circumstantial evidence? J&K and Ladakh HC answers
While deliberating over the instant appeal filed by the erstwhile State of Jammu and Kashmir challenging the acquittal of accused persons by Additional Sessions Judge, Udhampur; the Division Bench of Sanjeev Kumar and Javed Iqbal Wani*, JJ., analysed the circumstantial evidence presented by the prosecution and pointed out that motive assumes great importance in case based on circumstantial evidence. In absence of a motive, it would be difficult to complete the chain of events in order to prove the guilt of the accused. Based on this assessment and scrutiny of the circumstantial evidence, the Court was of the view that the prosecution was not able to lead evidence of definite character to bring home the case, the respondents had been implicated in and that the trial Court had no option other than recording acquittal of the respondents.
[State of J&K v. Shalinder Singh, 2023 SCC OnLine J&K 400]
A fundamentalist Muslim cannot be equated with an extremist; J&K and Ladakh HC observes
While deliberating over the instant petition was filed by the father of the detenue wherein he challenged the detention order passed against his 22-year- old son on 08.04.2022; the Bench of Atul Sreedharan, J.*, perused several grounds upon which the petitioner’s son was detained and made an important observation on one of the grounds for detention, i.e., the detenue has a fundamentalist ideology. The Court observed that the usage of the phrase “fundamentalist ideology” by the District Magistrate, does not necessarily mean that the detenue possess an extremist or separatist ideology. Fundamentalism pertaining to a Muslim, is merely someone who believes in the fundamentals of Islam and steadfastly pursues the same. It cannot have a negative bearing on his personality. “The same is as a fundamentalist Muslim cannot be equated with an extremist or a separatist”.
[Shahbaz Ahmad Palla v. State (UT of J&K), 2023 SCC OnLine J&K 394]
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.
[State of Jharkhand v. Flowmore Ltd., 2023 SCC OnLine Jhar 1197]
KARNATAKA HIGH COURT
Karnataka HC quashes criminal proceedings against 2 persons accused of drawing pro-hijab graffiti on walls of a government school
While deciding the instant petition seeking quashment of proceedings under Section 3 of Karnataka Open Places (Prevention of Disfigurement) Act, 1981 initiated against the petitioners for drawing a graffiti stating “Hijab is our dignity” on the walls of a government school premises in Hosapete Town; the Bench of M. Nagaprasanna, J.*, allowed the petition on the ground that Hosapete Town is not notified within the ambit of the Karnataka Open Places (Prevention of Disfigurement) Act, 1981 for the respondents to allege that the petitioners have incurred themselves the wrath of Section 3 of the 1981 Act. Therefore, if further proceedings are permitted to continue, it would become an abuse of the process of the law and result in miscarriage of justice.
[Muzammil v. State of Karnataka]
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”.
[Ananth Kumar K.G. v. Yogitha S., 2023 SCC OnLine Kar 52]
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”.
[Siva Rama Krishna v. Sasi Narkis Babu V., 2023 SCC OnLine Kar 49]
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.
[Malathy S.B. v. State of Karnataka, 2023 SCC OnLine Kar 50]
Insulting husband over dark complexion and levelling false allegations to cover up the same, constitutes cruelty: Karnataka HC
While deciding the instant appeal wherein a husband had challenged the dismissal of his petition seeking dissolution of his marriage on the ground that he was allegedly being humiliated by his wife due to being dark-skinned; the Division Bench of Alok Aradhe and Anant Ramanath Hegde*, JJ., set aside the impugned judgment of the Family Court dismissing the husband’s petition and held that the evidence presented by the husband sufficiently established the wife used to insult him on the premise that he is dark-complexioned; and for the same reason she moved away from the company of the husband without any cause, and to cover up this aspect, had levelled false allegations of illicit relationships against the husband. The Court was of the view that these facts certainly constituted cruelty.
[State of J&K v. Shalinder Singh, 2023 SCC OnLine J&K 400]
Use of words like “Taliban”, “goonda” in news items is per se beyond the scope of guidelines issued by Press Council of India: Karnataka HC
While deliberating over petitions filed by editors of several news publications, seeking to quash proceedings under Sections 499, 109 and 500 of Penal Code, 1860 initiated against them for publishing objectionable news items terming the advocate fraternity as “goonda”; the Bench of V. Srishananda, J.*, strictly stated that using words like ‘Taliban’; ‘goonda’; ‘pundatike’ are per se intolerable and beyond the scope of guidelines issued by Press Council of India.
[Lok Shikshan Trust Samyukta Karnataka Press v. Davalsab, 2023 SCC OnLine Kar 45]
KERALA HIGH COURT
Kerala High Court cites Holy Bible while discussing a father’s right to past maintenance under Christian Law
In a matrimonial appeal challenging the judgment and decree passed by Family Court on 15-10-2022 wherein, in the words used by the Court, “An octogenarian Christian failed against his children for arrears of maintenance on the ground that no law prescribes a Christian would be entitled to past maintenance”, the Division Bench of A. Muhamed Mustaque and Sophy Thomas, JJ. explained in detail the essence of maintenance provisions beyond parties’ faith, set aside the impugned order and remitted the matter back to Family Court for fresh consideration.
[Chandi Samuval v. Saimon Samuval]
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.
[Chandhini T.K. v. State of Kerala]
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.
[Prameela L. v. State of Kerala, 2023 SCC OnLine Ker 6712]
“Issue an order to regulate sex-selective surgeries on infants and children within 3 months”; Kerala High Court to government
In a petition brought by parents of a child born with ambiguous genitalia seeking permission to conduct genital reconstructive surgery for raising the child as a female, V.G. Arun, J. opined that permission for conducting genital reconstructive surgery without child’s consent would impinge the rights guaranteed under Articles 14, 19 and 21 of the Constitution of India violating the child’s dignity and privacy and directed the State government to issue an order for regulation of sex-selective surgeries on infants and children.
[XXXXXXXXXX v. Director of Health Services, 2023 SCC OnLine Ker 6244]
Sexual harassment victims under POCSO Act covered under Kerala Victim Compensation Scheme, 2017: Kerala High Court
In a petition challenging order for grant of compensation to victims of ‘sexual harassment’ passed by Special Court on the ground that the same was not included as an injury in the Schedule to Kerala Victim Compensation Scheme, 2017, Dr. Justice Kauser Edappagath, J. held that victims of sexual harassment were entitled to compensation while explaining the details of why and how compensation for victims was introduced.
[Kerala State Legal Services Authority v. State of Kerala, 2023 SCC OnLine Ker 5688]
MV Act | Multiplier method for calculating compensation also applicable in serious injuries: Kerala High Court
In an appeal filed by the claimant as well as Oriental Insurance Co. Ltd. (Insurer) against award passed by the Motor Accident Claims Tribunal (‘MACT’) on 22-11-2012, C. Jayachandran, J. held that the multiplier method for calculating compensation in cases of motor vehicle accidents was not restricted to accidental deaths but also applicable to serious injuries and modified the amount of compensation.
[Oriental Insurance Co. Ltd. v. Abdul Khader, 2023 SCC OnLine Ker 5686]
MADHYA PRADESH HIGH COURT
Non-Muslim female students cannot be compelled to wear headscarves/ Hijab in school: Madhya Pradesh High Court
A single-judge bench comprising of Dinesh Kumar Paliwal,* J., granted bail to the applicants subjected to several conditions considering the fact that the main allegations were against the school management and the trial was likely to be time-consuming. The Court imposed conditions to ensure the protection of the rights and religious practices of non-Muslim students in the school.
[Asfa Sheikh v. State of M.P.]
Misuse of Section 498-A IPC| Madhya Pradesh High Court quashes criminal case against in-laws, calls it “a case of reverse cruelty”
While dealing with a case of quashment of an FIR filed under Section 498-A of the Penal Code, 1860 (IPC), which pertained to dowry-related offenses and cruelty, a single-judge bench comprising of Vivek Rusia,* J., observed the misuse of Section 498-A and considered the jurisdiction, venue, and merits of the case before quashing the FIR and related proceedings due to the absence of credible evidence and jurisdictional issues.
[Rajan v. State of M.P., 2023 SCC OnLine MP 2391]
Madhya Pradesh High Court grants Bail on merit and willingness to serve social cause
A single-judge bench comprising of Anand Pathak,* J., granted the bail to the applicant who showed willingness to undertake social causes on the merit, not solely due to the intent to serve social causes.
[Anoop Tyagi v. State of M.P., 2023 SCC OnLine MP 2296]
Rape and murder of 4-year-old girl child: Madhya Pradesh High Court commutes death sentence to life sentence without remission
While deciding a case pertaining to the disposal of death reference and a criminal appeal against the conviction and sentencing of the appellant for committing heinous crimes against a 4 year old girl child, a single-judge bench comprising of Vishal Mishra,* J., upheld that the Trial Court’s decision and commuted the appellant’s death sentences to life imprisonment without the possibility of remission. The Court held that the accused was guilty of the offenses charged, including rape and murder and the conviction was based on a combination of circumstantial evidence, including the disclosure statement, DNA analysis, and medical findings.
[In Reference received from Sessions Judge, Raisen v. Jitendra Uikey, Criminal Reference]
Madhya Pradesh High Court allows fresh adjudication on limitation issue in Arbitration appeal
A Single bench comprising of Vivek Rusia,* J., while signifying the important filing applications properly, explained the calculation of limitation period under Section 34(3) of the Arbitration and Conciliation Act, 1996 (the Act) in the light of Section 14 of the Limitation Act. The Court reverted back the matter for fresh adjudication on the issue of limitation.
[Noumla Brothers v. Ruchi World Wide Ltd., 2023 SCC OnLine MP 1916]
MADRAS HIGH COURT
Does refusing paternity leave to father violate a newborn child’s right to life? Madras High Court answers
In a writ petition filed against the desertion order passed by the Deputy Inspector General of Police (‘DIG’) and quash the same and consequently direct the respondents to reinstate the petitioner as Inspector of Police at Kadayam Police Station, L. Victoria Gowri, J. has held that the action of the respondents cancelling and refusing paternity leave to the petitioner would amount to violation of Article 21 of the Constitution of India. Thus, the Court quashed the impugned desertion order passed by the DIG and consequently directed the DIG to re-visit the impugned order, thereby, extending the time given to the petitioner to submit explanation for his unauthorized absence, for another period of 15 days from the date of receipt of a copy of this order. The Court also directed the petitioner to appear before the DIG and submit the necessary explanation along with the medical records of his wife and a letter of apology. The Court further directed the DIG to consider the case of the petitioner with a considerate mind and pass appropriate orders reinstating the petitioner, as Inspector of Police.
[B. Saravanan v Deputy Inspector General of Police]
Madras HC refuses to quash criminal proceedings against BJP leader H Raja for tweeting against Periyar, Karunanidhi and officers of HR&CE Department
In a criminal petition filed under Section 482 of the Criminal Procedure Code, 1973 (‘CrPC’) to quash the proceedings in relation to the speech made by Bharatiya Janata Party’s National Secretary H Raja in a meeting held at Dindigul on 17-09-2018, wherein he made insulting and derogatory remarks against EV Ramaswamy (Periyar) , K Karunanidhi, Kanimozhi Karunanidhi, officers of Hindu Religious and Charitable Endowment Department and their wives. N. Anand Venkatesh, J. while dismissing the petition, transferred the proceedings to the Special Court for MP/MLA Cases and directed the Court to complete the proceedings within a period of three months after the charges are framed.
[H Raja v State]
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.
[Ramya S. Moorthy v. Registrar of Trade Marks, 2023 SCC OnLine Mad 5305]
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.
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District Collector was directed to ensure that the Transgender persons are granted free house site patta based on their eligibility.
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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.
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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.
[N.D. Mohan v. Collector, 2023 SCC OnLine Mad 5719]
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.
[Gurubaran v. Union of India, 2023 SCC OnLine Mad 5399]
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.
[Manoj Immanuel v Union of India]
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.
[Kajendran v. Superintendent of Police]
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.
[A. Lakshminarayanan v. HRM/Disciplinary Authority, 2023 SCC OnLine Mad 5314]
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.
[Arunkanth v. T.N. Uniformed Services Recruitment Board, 2023 SCC OnLine Mad 5456]
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.
[K. Indulekha v. T.N. Public Service Commission, 2023 SCC OnLine Mad 5086]
“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.
[State, In re, 2023 SCC OnLine Mad 5304]
Madras HC requests CBI to investigate against Pondicherry University professor and others for misappropriation of funds
In a criminal original petition filed under Section 482 of the Code of Criminal Procedure, 1973 (‘CrPC’) to direct the respondent/police to register a case based upon the petitioner’s complaint dated 04-02-2022, G. Jayachandran, J. has asked Central Bureau of Investigation(‘CBI’) to register the complaint and proceed with the investigation.
[A. Anand v. State, 2023 SCC OnLine Mad 5257]
Madras HC directs State to restore display board prohibiting Non-Hindus from entering Dhandayuthapani Swamy Temple
In a writ petition filed by the organizer of Palani Hill Temple Devotees Organization, praying to direct the State to permit only Hindus to the Hill Temple Premises and its sub temples and consequently directing the executive officer of Arulmighu Palani Dhandayuthapani Swamy temple to display boards to that effect in all entrances, S. Srimathy,J. ordered an interim status quo ante in the temple by directing the State to restore the display board stating that non-Hindus are not allowed in the temple. Further, directed the State to file counter.
[Senthil Kumar D. v. State of T.N, 2023 SCC OnLine Mad 5261]
Explained | Madras High Court verdict on payment of stipend to PG students by medical colleges
In a writ petition filed by post-Graduate students of the Mahatma Gandhi Medical College and Research Institute and Aarupadai Veedu Medical College & Hospital for non-payment of stipend for the academic years from 2017-18 to 2019-20, the division bench of Sanjay V. Gangapurwala and P. D. Audikesavalu, JJ has directed the Colleges to pay the amount of stipend to the students within a period of six weeks from the date of this order in terms of Regulation 13.3 of the Medical Council of India, Post-Graduate Medical Education Regulations, 2000. Further, said that Colleges are duty-bound and have legal obligation to pay stipend to the students and cannot deny the same on the ground of equitable set-off, even when the amount that is sought to be claimed by the Colleges is not yet ascertained.
[Registrar v. D. Rajasree, 2023 SCC OnLine Mad 5211]
Woman has an identity that cannot taken away depending upon her marital status: Madras HC directs police to ensure entry of a widow in temple
In a writ petition filed for a direction to the police to provide police protection to the petitioner and her son to enter the Periyakaruparayan temple situated at Nambiyur Taluk, Erode District and participate in the temple festival on 09-08-2023 and 10-08-2023 based on the representation dated 19-07-2023. N. Anand Venkatesh,J. has held that the respondents do not have any right to stop the petitioner and her son from attending the festival and worshiping God. Further, said that a woman, by herself, has a status and identity and that cannot in any way come down or be taken away depending upon her marital status.
[Thangamani v. Collector, 2023 SCC OnLine Mad 5132]
Madras High Court directs State to provide employment to woman whose brother was victim of caste-based murder
In a writ petition filed for directing the State to provide employment to the petitioner’s daughter by considering her educational qualification read with Rule 12(4) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Amendment Rules, 2016, within a time frame fixed by the Court, L. Victoria Gowri, J. has allowed the petitioner’s claim since the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and the provision of the SC/ST Rules, 1995, is a special Act , mandating to provide basic pension along with employment to one of the family members of the deceased.
[Kalimuthu v. State of T.N., 2023 SCC OnLine Mad 5129]
Old Pension scheme or contributory Pension Scheme, which will be applicable to Government servants appointed after 01-04-2003? Madras HC answers
In a writ petition filed challenging the order passed by the Finance Department, thereby converting employees from old pension scheme to contributory pension scheme, G.K. Ilanthiraiyan, J. has opined that the petitioner cannot be deprived of the benefit of old pension scheme. Therefore, the impugned orders are not applicable to the petitioner. Further, it directed the Finance Department and Director of School Education, to continue the petitioner under the Teacher’s Provident Fund.
[B. Vallipavai v. State of T.N., 2023 SCC OnLine Mad 5035]
Read why Madras HC refuses to declare cancellation of a man’s passport as illegal
In a writ petition praying to issue a writ of declaration, to declare the cancellation of the petitioner’s passport as illegal and consequently direct the Passport Officer to issue passport for the petitioner within the time frame stipulated by this Court, G.R. Swaminathan, J. has said that as, the petitioner has challenged the basic premises on which the impugned action is resting. Therefore, the question of granting declaration does not arise. However, as the petitioner has suffered disproportionately, it permitted him to submit a fresh application before the Passport officer.
[S. Chandran v. Regional Passport Officer, 2023 SCC OnLine Mad 5034]
MANIPUR HIGH COURT
Mass burial of Kuki-Zo community: Manipur HC directs State and Centre to maintain status quo ante of land where burial was proposed
In a Public Interest Litigation (‘PIL’) filed by International Meeteis Forum, questioning the mass burial on a land which was proposed for the burial of the bodies of the members of the Kuki-Zo community, who recently got killed in the Manipur violence, MV Muralidaran, ACJ. Directed the State and the Central Government to maintain status quo ante of the land in question till the next date.
[International Meeteis Forum v. State of Manipur, 2023 SCC OnLine Mani 219]
Validity of Registered Sale Deed to be decided only by Civil Court and not Revenue Court: Manipur HC reiterates
In a writ petition under Article 227 of the Constitution of India against the Order of the Presiding Officer, Revenue Tribunal, Manipur, whereby the revision petition of the mutation order passed by the Sub-Deputy Collector, Patsoi was dismissed, A. Guneshwar Sharma, J. dismissed the petition and upheld the decision of the Revenue Tribunal that the validity of the sale deed cannot be challenged before the Revenue Court, as it has no jurisdiction to examine the validity of the sale deed.
[Thokchom Tembi Devi v. Kangjam Inaobi Chanu, 2023 SCC OnLine Mani 214]
MEGHALAYA HIGH COURT
‘Inculcate a culture of better treatment of animals, even if they are bred to be culled’: Meghalaya HC
In a Public Interest Litigation (‘PIL’) pertaining to the enforcement of the Prevention of Cruelty to Animals (Regulation of Livestock Markets) Rules, 2017 (‘the Rules’) in the State of Meghalaya, the Division Bench of Sanjib Banerjee, C.J. and B. Bhattacharjee, J. directed the State to indicate the measures taken for setting up local bodies in terms of the said Rules.
[Bakul Narzary v. State of Meghalaya, 2023 SCC OnLine Megh 432]
ORISSA HIGH COURT
Orissa HC upholds Brother’s conviction for impregnating minor sister
In a jail criminal appeal against the Judgment and Order of Additional Sessions Judge whereby the convict was found guilty of offences under Sections 376(3), 376(2)(n), 506 of the Penal Code, 1860 (‘IPC’) and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (‘POCSO Act’) and was sentenced to undergo rigorous imprisonment for a period of twenty years, S.K. Sahoo*, J. dismissed the appeal and upheld the Trial Court’s conviction order.
[X v. State of Odisha]
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’).
[Suren Pooja v. State of Odisha, 2023 SCC OnLine Ori 5422]
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.
[Anshuman Kanungo v. Union of India, 2023 SCC OnLine Ori 5411]
‘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.
[Biswa Mohan Mishra v. State of Orissa, 2023 SCC OnLine Ori 5433]
‘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.
[State of Odisha, In re, 2023 SCC OnLine Ori 5409]
ASO Recruitment| Orissa HC rejects review petition of Order quashing merit list of short-listed candidates
In a review petition with a prayer to review/ recall the Judgment dated 19-05-2023, whereby the select list of the short-listed candidates for the appointment to the post of Assistant Section Officer (‘ASO’) published by the Odisha Public Service Commission (‘OPSC’) was quashed and the OPSC was directed to redraw the select list, A.K. Mohapatra, J., dismissed the review petition and the fresh writ petition.
[Kabita Jena v. Rajat Kumar Mishra, 2023 SCC OnLine Ori 5217]
‘Being a married woman and accustomed to sexual intercourse, she could have protested or resisted’: Orissa HC while setting aside conviction u/s 376(2)(f)
In a jail criminal appeal against the Judgment of Trial Court wherein the accused was found guilty of the offence under Section 376(2)(f) of the Penal Code, 1860 (‘IPC’), S.K Sahoo*, J. allowed the appeal and acquitted the accused of the charge under Section 376(2)(f) of the IPC.
[Sanu Munda v. State of Odisha, 2023 SCC OnLine Ori 5335]
PATNA HIGH COURT
A politician is not disabled from being appointed as a Chairperson of the Bihar State Food Commission: Patna High Court
A Public Interest Litigation (‘PIL’) seeking a writ of quo warranto, had been filed challenging the appointment of Respondent 8 as the Chairman of the Bihar State Food Commission on the account that there was no advertisement for the vacancy and that the appointment was made on the account of Respondent 8 being a politician. The Division Bench of K. Vinod Chandran, C.J.*, and Partha Sarthy, J., noted that no recommendations were made from the various Departments and in that circumstance, Respondent 8 was appointed after considering the vast experience in social work and public affairs.
[Veterans Forum for Transparency in Public Life v. State of Bihar]
‘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.
[Reshma Prasad v. State of Bihar, 2023 SCC OnLine Pat 2675]
‘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.
[Shailja Vajpei v. Patna Municipal Corpn., 2023 SCC OnLine Pat 2522]
PUNJAB AND HARYANA HIGH COURT
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.
[Sukhbir Singh Badal v. State of Punjab, 2023 SCC OnLine P&H 1270]
[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.
[Nagaraj T. v. UT, Chandigarh, 2023 SCC OnLine P&H 1193]
Punjab and Haryana High Court allows Father to live with Daughter, says ‘Father-daughter relationship much older than one with daughter-in-law’
In a petition filed under Article 226 of Constitution of India seeking issuance of writ of habeas corpus for release of the detenu, the petitioner’s father-in-law, from the illegal custody of his daughter, Anoop Chitkara, J. juxtaposed the relationship of a father with his daughter and daughter-in-law, and allowed the petitioner to meet her father-in-law once a week, while restricting her from forcing anyone for such meeting in case the father-in-law refuses to meet her.
[Geeta v. State of Haryana, 2023 SCC OnLine P&H 1101]
Explained | Why Punjab and Haryana High Court halted Nuh demolition drive
After news of demolition drive did some rounds across various media platforms, the Bench of G.S. Sandhawalia and Harpreet Kaur Jeewan, JJ. particularly cited ‘Times of India’ and ‘The Indian Express’ reporting demolitions being carried out in Nuh and Gurugram, took suo motu cognizance of the matter and ordered the State to stop any action of demolition being carried out without following the procedure as per law.
IO being complainant should have refrained from investigating NDPS case: P&H High Court reiterates while setting aside conviction
In an appeal against judgment of conviction and order of sentence passed by Special Court on 5-02-2014 under Sections 15, 61 and 85 of Narcotic Drugs and Psychotropic Substances Act, 1985 (‘NDPS Act’) for offences under Section 15 with rigorous imprisonment of 10 years and fine of Rs 1 lakh, Harpreet Singh Brar, J. set aside conviction and acquitted the appellants while holding that the prosecution had miserably failed to knit together the circumstances pointing towards the hypothesis of appellants’ complicity beyond reasonable doubt.
[Arjun Singh v. State of Punjab, 2023 SCC OnLine P&H 1044]
RAJASTHAN HIGH COURT
An estranged wife has a right to seek amount of maintenance in the like status of her spouse; Rajasthan High Court enhances the quantum of maintenance
In two revision petitions, filed challenging the order dated 05-11-2022 passed by the Family Court, one by the petitioner-husband seeking quashing of the order and the other filed by the respondent-wife seeking enhancement of maintenance. Farjand Ali, J., modified the impugned order dated 05-11-2022 and enhanced the quantum of maintenance under Section 125 CrPC and accordingly, disposed of the revision petitions.
[Gajendra Parihar v. State of Rajasthan, 2023 SCC OnLine Raj 1350]
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.
[Yogesh Somani v. Bharat Sanchar Bhawan Janpath, 2023 SCC OnLine Raj 1357]
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.
[State of Rajasthan v. Suresh Kumar, 2023 SCC OnLine Raj 1330]
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.
[Vandana Kanwar v. State of Rajasthan, 2023 SCC OnLine Raj 1336]
Rajasthan High Court| Vehicle driven by deceased in course of employment to be compensated by Insurance company only under Workmen Compensation Act, 1923
In a case wherein the appellant had filed an appeal under Section 173 of the Motor Vehicles Act, 1988 (‘MV Act’) to set aside of award dated 22-05-2001 passed by Motor Accident Claims Tribunal (‘the Tribunal’) Beawar, Ajmer, by which a direction had been issued to the appellant to pay compensation of Rs. 4,38,000 with interest at rate 9% per annum to the claimants-respondents from the date of filing the claim petition, Anoop Kumar Dhand, J., directed the Tribunal to recalculate the amount of compensation as per the provisions of Workmen Compensation Act, 1923 (‘WC Act’). The Court held that the liability of the appellant would be restricted to that arising under the WC Act and Respondent 5, the owner would be liable to satisfy the remaining part of the award.
[New India Assurance Co. Ltd. v. Gain Singh, 2023 SCC OnLine Raj 1303]
‘Performance cannot be both unsatisfactory and outstanding in same year’; Rajasthan High Court quashes adverse entries made in Annual Confidential Report
In a case wherein the petitioner filed a petition to quash and set aside the adverse remarks in his Annual Confidential Report (‘ACR’) for the year 2005-2006, Anoop Kumar Dhand, J., opined that the officer entrusted with duty to write confidential reports, has a public responsibility and trust to write the confidential reports objectively and subsequently quashed and expunged the adverse entries made in the petitioner’s ACR.
[Jagidsh Prasad v. State of Rajasthan, 2023 SCC OnLine Raj 1288]
Notional increment cannot be denied on the ground that the person retired one day before the increment was due: Rajasthan High Court reiterates
In a case wherein the petitioners had invoked extraordinary jurisdiction of the Court under Article 226 of the Constitution to seek direction to the respondents to grant them notional increment for the services rendered by them and consequently refix their pensionary benefits, Anoop Kumar Dhand, J.*, held that the petitioners would be entitled to get notional payment on July 1, notwithstanding their superannuation on June 30, and further directed the respondents to consider the case afresh and grant notional increment to the petitioners.
[Vijay Singh v. State of Rajasthan, 2023 SCC OnLine Raj 1281]
TELANGANA HIGH COURT
‘Grant of Contract to construct flats for homeless without Inviting Tenders not Arbitrary’: Telangana HC
In a public interest litigation (‘PIL’) assailing the award of contract for construction of flats to homeless persons by Greater Hyderabad Municipal Corporation (‘GHMC’) to DEC Infrastructure Projects India Pvt. Ltd. (‘DEC’), the Division Bench of Alok Aradhe, CJ.* and T. Vinod Kumar, J. dismissed the PIL and held that the grant of construction project to the DEC was fair, just and reasonable.
[Gonewar Chandu v. State of Telangana]
Provide column for ‘no religion’, ‘no caste’ in birth certificate applications: Telangana High Court directs State Government
In a case wherein the petitioners wanted their son’s status of religion and caste to be ‘no religion’ and ‘no caste’ in the birth certificate but were being denied by the respondents, Lalitha Kanneganti, J., held that the petitioners had every right not to specify religion or caste in the birth certificate. Thus, the Court directed the respondents to provide a column for “no religion”, “no caste” in the online application format and receive the petitioners’ application for registering the birth of their son, by virtue of Article 25 of the Constitution.
[Sandepu Swaroopa v. Union of India, 2023 SCC OnLine TS 2377]
UTTARANCHAL HIGH COURT
Mother can also be made liable to pay maintenance to her minor child under Section 125 of CrPC: Uttaranchal High Court
In a case wherein, the revision was directed against the judgment and order dated 30-03-2013 passed by the Family Court of Udham Singh Nagar, Uttarakhand whereby a petition made by the respondent, i.e., the minor son of the revisionist for maintenance under Section 125 of the Criminal Procedure Code, 1973 (‘CrPC’) was allowed partly and the revisionist, was directed to pay maintenance to the respondent from the date of filing of the petition till the respondent attained majority, Pankaj Purohit, J.*, while dismissing the present criminal revision opined that under the provision of CrPC, a ‘person’ would include both male and female and further, in reference to a minor child, whether legitimate or illegitimate, mother or father having sufficient means if neglects and refuses to maintain such minor child would be held liable to pay the maintenance of such child.
[Anshu Gupta v. Adwait Anand, 2023 SCC OnLine Utt 916]
‘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.
[Gauri Maulekhi v. State of Uttarakhand, 2023 SCC OnLine Utt 888]
[Sexual harassment over Facebook] Uttaranchal High Court directs accused to plant fifty trees as a condition to drop criminal proceeding against him
In the present case, wherein the applicant was an accused alleged to be involved in commission of offences under Sections 354A of the Penal Code, 1860 (‘IPC’) and Sections 67(a) and 67 of the Information Technology (Amendment) Act, 2008 (‘IT Act’), Sharad Kumar Sharma, J.* opined that composition in itself should carry a lesson for the applicant, that in future he would not engage himself in such types of offences and he should reckon how to acknowledge the sanctity of a friendly relationship. Thus, directed the applicant to plant fifty trees as a condition to drop proceedings against him.
[Neeraj Kirola v. State of Uttarakhand, 2023 SCC OnLine Utt 855]
