high court weekly roundup


Decoding Allahabad HC verdict on right to eviction under Maintenance & Welfare of Parents and Senior Citizen Act

In a writ petition filed by the son (‘petitioner') against the impugned order passed by the District Magistrate, Sultanpur (‘DM'), wherein, while exercising powers under Section 16 of the Maintenance and Welfare of Parents and Senior Citizen Act, 2007 (‘Act, 2007') the DM directed the petitioner to evict his father's house, Shree Prakash Singh, J. has said that as the petitioner is living in one room with his wife and he is not making any hindrance in the peaceful living of the parents, in other part of the house and therefore, the objective of the Act, 2007 is no way hampered by the petitioner. Thus, the order passed by the appellate authority, so far as the eviction of the petitioner is concerned, is not sustainable, in the eyes of law. Further, it directed the petitioner to not cause any inconvenience to the needful living of the mother in the house. Read more

Allahabad HC directs Chief Secretary to issue circular to State Departments to expeditiously complete all formalities for releasing post retiral dues

In a writ petition filed by Safai Karamchari for post retiral benefits including pension, Kshitij Shailendra, J. has directed the Executive Officer, Nagar Palika Parishad to take up the matter with utmost priority and take a decision on the admissibility of post retiral benefits payable to the petitioner, not later than 15-10-2023. Further, the Registrar General was directed to send a copy of this order to the Chief Secretary of the State Government, for the purposes of issuance of requisite circular to all the Departments under the control of the State Government to ensure that the directions issued by this Court in the case of Mukti Nath Rai v. State of Uttar Pradesh, 1992 SCC OnLine All 162, be complied with in their true letter and spirit so that the State, its instrumentalities and common man may not indulge in unnecessarily litigation. Read more

Allahabad High Court grants bail to man accused of raping live-in partner under false promise to marry

In a bail application plea filed for releasing the accused on bail for offences under Sections 376, 316, 506 of the Penal code, 1860 (‘ IPC’) and Section 3 read with Section 4 of Protection of Children from Sexual Offences Act, 2012 (‘ POCSO’) during pendency of trial, Siddharth, J. while granting bail to the accused, said that this is another case where after enjoying the live-in-relationship the young couple have parted ways. The girl, like in most cases, has lodged FIR in vain, to enter secure relationship of marriage with the accused and come within ambit of the socially accepted norms and relationship of marriage. Read more

Revisional Court has power to rectify order of subordinate Revenue Court at any stage of the suit or proceedings: Allahabad High Court

In a writ petition filed to raise an issue regarding availability of the statutory remedy of a revision under Section 210 of the Uttar Pradesh Revenue Code, 2006 against an order of remand passed in an appeal, Dr. Yogendra Kumar Srivastava, J. has held that the revisional court has the power to rectify an order of a subordinate revenue court at any stage of the suit or proceedings, even if, the order does not finally dispose of the suit or the proceeding. The expression ‘proceeding decided' would include a part of a proceeding and an interlocutory order directly affecting the rights and obligation of parties would also be included within its scope. Thus, the Court declined to entertain the writ petition in view of the availability of an efficacious statutory legal remedy of revision against the order dated 18-11-2022 passed by the Commissioner while deciding the appeals. Read more


Granting relief for delivery of possession separately is not required, it is inherent in the decree of specific performance of contract: Andhra Pradesh High Court

In a case wherein the petitioners filed the revision petition under Section 115 of the Civil Procedure Code, 1908 (‘CPC') to challenge the order dated 13-6-2023 passed by the Execution Court, Ravi Nath Tilhari, J.*, opined that the Execution Court in the execution of a decree for specific performance of the contract had acted within its jurisdiction and the judgment passed by the Execution Court did not call for any interference and accordingly, dismissed the revision petition. Read more

Relevance of the documents sought under Order VII Rule 2 of CPC should be stated in the affidavit: Andhra Pradesh High Court upholds Order dismissing application

In a case wherein, the petitioner had filed the revision petition to set aside the order passed by the Trial Court dismissing the application filed under Order VIII Rule 2 and Section 151 of Civil Procedure Code, 1908 (‘CPC'), Ravi Cheemalapati, J., opined that the Trial Court had rightly observed that the documents which were sought to be received could not be termed as the petitioner's admitted signature and the said documents could not be used for comparison of signatures on the alleged promissory note suit, and accordingly dismissed the petition. Read more


School kids row thermocol rafts to cross snake infested Jayakwadi backwaters; Bombay High Court takes suo motu cognizance

While citing a news report published by Times of India in Sunday Times, Aurangabad Edition dated 27-08-2023 depicting the plight of several students titled as “Kids row thermocol rafts with makeshift oars to cross Jayakwadi backwaters, attend school”, the Division Bench of Ravindra V. Ghuge and Y. G. Khobragade, JJ. took suo motu cognizance of the same. Read more

Cruelty and Dowry Death | ‘Rare and exceptional case' prompts Bombay High Court to stay conviction of mother-in-law

In an interim application filed by the deceased's mother-in-law who was convicted by the Trial Court for offences under Sections 498-A, 306 and 304-B of Penal Code, 1860, sentenced to suffer imprisonment for seven years, seeking stay on conviction, M.S. Karnik, J. found the instant one to be a rare and an exceptional case and ordered stay on her conviction. Read more

Bombay High Court| Claim cannot be rejected simply because prior permission of Liquidator was not taken for rendering emergency services

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. Read more


Day to day bickering between husband-wife does not amount to cruelty under Section 498A of the IPC: Calcutta High Court

A single-judge bench comprising of Sugato Majumdar,* J., quashed the appellant's conviction under Section 498-A of Penal Code, 1860 (IPC) who was charged for subjecting his wife to cruelty. The Court, however, upheld his conviction and sentence of ₹ 1,000 fine under Section 323 of the IPC. Read more

Calcutta High Court temporarily postpones judgment delivery in Teacher-Recruitment scam case; directs production of printed documents

A single-judge bench comprising of Tirthankar Ghosh, J. temporarily postponed the date originally set for the delivery of the judgment related to the petition filed by MP Abhishek Banerjee for quashing the criminal case registered against him in relation to Teacher-Recruitment Scam case, given the present circumstances and the conflicting claims regarding the downloaded files and directed the production of printed documents, i.e., comments by Officers from the CFSL (Central Forensic Science Laboratory) in relation to the matter in hand, before the court in a sealed cover according to CFSL guidelines. Read more

POCSO| Testimony of child witness can be relied upon in sexual assault cases if trustworthy and unblemished: Calcutta High Court

A single-judge bench comprising of Bibhas Ranjan De,* J., upheld the appellant's conviction under Section 10 of the Protection of Children from Sexual Offence Act, 2012 (POCSO Act) based on the consistent and credible testimony of the victim, along with supporting medical evidence and the absence of substantial evidence to support the appellant's claims of insanity or poor vision. The appellant was directed to surrender to serve his sentence. Read more

Calcutta High Court rejects quashing of criminal proceeding; asserts inadmissibility of “Fishing and roving inquiry” at revisional stage

A single-judge bench comprising of Subhendu Samanta,* J., rejected the petitioner's request to quash the criminal proceedings, emphasizing the importance of prima facie evidence and distinguishing the case from a precedent. The Court held that “revisional court has no power to determine the correctness, validity and probative value of the evidences collected by the I.O. during the course of investigation.”. Read more

“Mother's evidence is the best evidence in such cases”; Calcutta High Court upholds conviction under Section 377 of IPC in 3-year-old's sexual assault case

A single-judge bench comprising of Shampa Dutt (Paul), J., upheld the appellant's conviction under Section 377 of the Penal Code, 1860 (IPC) on the ground that the same has been proved beyond reasonable doubt by the prosecution. The Court held that a mother's evidence in a case of this nature is held in high regard by the court, as her love for her child is pure and her instincts are trustworthy. Read more

Payment of interest on cash loan falls considered unexplained expenditure under Section 69-C of the Income Tax Act, 1961: Calcutta High Court

While deciding a dispute regarding the validity of impugned order under the Income Tax Act, 1961 (the Act), where the appellant challenged the assessing officer's findings and raised objections related to procedural aspects, a division bench comprising of T.S. Sivagnanam,* CJ., and Hiranmay Bhattacharyya, J., upheld the assessing officer's order, emphasizing the importance of adhering to legal standards in tax assessments and the limited scope of writ jurisdiction in interfering with factual determinations. Read more

“Attorney-client communication is privileged”; Calcutta High Court upholds maintainability of third-party appeal in GST fraud investigation

A Division bench comprising of T. S. Sivagnanam, CJ., and Hiranmay Bhattacharyya, J., held that an appeal preferred, against the order in relation to GST fraud investigation, by the third party is maintainable. The Court also emphasised on the need for proper investigation in cases of revenue fraud rather than issuing standardized notices. Read more

WhatsApp messages depict normal relationship between daughter-in-law and in-laws; Calcutta High Court quashes Section 498A IPC complaint

A single-judge bench comprising of Shampa Dutt (Paul),* J., exercised its inherent power under Section 482 of the CrPC and quashes the proceedings against the petitioners, citing the lack of specific allegations. The Court also emphasized the need to discourage false implications in matrimonial disputes. Read more

Calcutta High Court directs contemnors to pay Rs. 50, 000 and plant fruit-bearing trees for contempt of Court

While deciding a contempt application, a single-judge bench comprising of Shekhar B. Saraf, J., directed the contemnors to plant 10 fruit-bearing trees each in plots of land identified by Gram Samriddhi Foundation in order to countenance their act of contempt. Read more

Review application for Arbitrator's appointment maintainable under Article 215 of the Constitution of India: Calcutta High Court

While addressing the maintainability of a review application related to an order of appointment of an Arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 (the Act), a single-judge bench comprising of Moushumi Bhattacharya, J., held that the application for review was maintainable under Article 215 of the Constitution of India, and the review application satisfied the threshold for review. Read more


Delhi High Court imposes Rs. 20 lakhs damages on rogue websites for illegally streaming the film ‘Brahmastra Part One: Shiva'

In a case wherein the plaintiff, Star India (P) Ltd. filed the present suit seeking protection against unauthorized, illegal distribution of the film Brahmastra Part One: Shiva, Prathiba M. Singh, J.*, granted the decree of permanent injunction restraining Defendants 1 to 18 and 39 to 359, from in any manner communicating, hosting, streaming, and/or making available for viewing and downloading, without authorization, on their websites or other platforms, through the internet in any manner whatsoever, the film Brahmastra Part One: Shiva and content related thereto, so as to infringe the plaintiffs exclusive rights and copyrights. Read more

[POCSO] Delhi High Court issues considerations for Courts while granting bail in sexual offences

A petition was filed under Section 482 of the Criminal Procedure Code for setting aside order dated 04-02-2023 passed by the Trial Court in FIR registered under Section(s) 342, 354, 354-B and 363 of Penal Code, 1860 (IPC) and Section 10 of Protection of Children from Sexual Offences, 2012 (POCSO). Saurabh Banerjee, J., sets aside the order in view of the factual matrix and the legal proposition involved in the present case. Read more

Delhi High Court sets aside order restraining Royal County of Berkshire Polo Club from using its polo player device mark

In a case wherein, Royal County of Berkshire Polo Club Ltd., (appellants) had filed an appeal under Section 13 of the Commercial Courts Act, 2015 to challenge the judgment dated 6-5-2019 passed by the Single Judge of the Delhi High Court, the Division Bench of Vibhu Bakhru and Amit Mahajan*, JJ., opined that without viewing the overall commercial impression of the mark, Single Judge was not correct in holding that the appellants' mark was deceptively similar to the respondents' mark, and accordingly set aside the impugned judgment. Read more

Abrupt cessation might not be in best interest of patients'; Delhi High Court allows continuation of stem cell treatment for children with Autism Spectrum Disorder

In a case wherein the petitioners filed the present petition impugning recommendations dated 06-12-2022 issued by the Committee on Stem Cell Use in Autism Spectrum Disorder constituted by Ethics and Medical Registration Board (‘EMRB') of the National Medical Commission (‘NMC'), the Division Bench of Satish Chandra Sharma, C.J., and Sanjeev Narula, J., held that an abrupt cessation of the stem cell treatment might not be in the best interests of the patients involved and while granting permission to the petitioners to continue the stem cell treatment, the Court opined that they must do so with full knowledge and at their own risk. Read more

Treating ‘HARPIC DRAIN XPERT' similar to ‘XPERT' would be stretching the principle of similarity to an unreasonable extent: Delhi High Court upholds registration

In a case wherein, RSPL Health Pvt. Ltd., (the petitioner), filed the petitions under Section 57 of the Trade Marks Act, 1999 (‘the Act'), to seek rectification of Register of Trade Marks by removal of word mark ‘HARPIC DRAIN XPERT', C. Hari Shankar, J.*, opined that there was absolutely no chance of any customer getting confused between ‘HARPIC DRAIN XPERT' and ‘XPERT', and accordingly dismissed the petition. Read more

‘Courts cannot be used as marriage facilitators'; Delhi High Court denies anticipatory bail to man accused of raping woman on pretext of marriage

In a case wherein an application under Section 438 of the Criminal Procedure Code, 1973 (‘CrPC') had been filed by the petitioner seeking anticipatory bail in FIR registered at Police Station Bindapur, Delhi for offences punishable under Section 376 of Penal Code, 1860 (‘IPC'), Swarana Kanta Sharma, J.*, after examining the facts and documents on record, opined that it was clear that the petitioner and the complainant had taken the judicial system and the investigating agencies for a ride and were trying to manipulate the judicial system to their advantage in different ways, one for seeking anticipatory bail though now, non-bailable warrants had already been issued against him since he was absconding and the complainant for getting married to him. Thus, the Court dismissed the bail application. Read more

Delhi HC grants permanent injunction to Mattel Inc. for ‘Rainforest Family' characters and word mark ‘KICK AND PLAY' for its baby gym products

In a case wherein the suit was filed by the plaintiff, Mattel Inc. against the defendants, namely Present Enterprises, Techhark Trade Inc., Wishkey Retail LLP, Flipkart Internet (P) Ltd. (‘Flipkart') and John Doe seeking permanent injunction restraining infringement of trade marks, infringement of copyright, passing off, damages; rendition of accounts; delivery up, Prathiba M. Singh, J.*, after considering the proprietary rights in the ‘Rainforest Family' characters which were automatically recognised in India owing to the USA and Europe registrations and also the word mark registration of the mark ‘KICK & PLAY', held that a decree of permanent injunction deserved to be passed in the present suit. Read more

Complaints which are not substantiated by evidence, and remain unproved are acts of cruelty: Delhi High Court upholds the divorce decree

In a case wherein, an appeal was filed under Section 19 of the Family Courts Act, 1984 read with Section 28 of the Hindu Marriage Act, 1955 (‘the HM Act') to set aside the decree and judgment dated 9-12-2022 vide which the marriage between the parties had been dissolved by a divorce decree, the Division Bench of Suresh Kumar Kait and Neena Bansal Krishna*, JJ., concurred with the conclusion of the Family Court and did not found any ground to interfere with the divorce decree granted under Section 13(1)(ia) of the HM Act and accordingly dismissed the appeal. Read more

Delhi High Court grants permanent injunction to Monster Energy Co. for its ‘MONSTER' mark

In a case wherein the plaintiff, Monster Energy Co. was aggrieved by the defendant's use of the identical mark ‘MONSTER', with an identical logo , as well as a deceptively similar device mark , C. Hari Shankar, J.*, granted permanent injunction restraining the defendant, from selling, offering for sale, manufacturing, advertising, importing, exporting, or in any manner commercially dealing in any goods bearing the trade mark MONSTER (word per se) or any stylized representation thereof including , and/or Claw Icon or any mark identical or deceptively similar to the plaintiff's MONSTER trade marks/logos/trade name, amounting to infringement of the plaintiffs' registered trade marks. Read more

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. Read more

[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 376-D, 377, 328, 506, 509 and 34 of Penal Code, 1860. Saurabh Banerjee, J., released the applicant on bail under Sections 376-D, 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. Read more

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. Read more

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. Read more

Government already addressing immediate healthcare requirements of animals; investing in training, skill development of veterinary personnel: Delhi High Court

In a case wherein a PIL was filed by the petitioner against the tragic loss experienced by him in the untimely demise of his cherished adopted pet dog to the Canine Distemper Virus (‘CD Virus'), Sanjeev Narula, J.*, opined that it was not to the Court's jurisdiction to issue directions for a specific vaccination to be made available free of cost to users and the direction for 24×7 animal ambulance service, para-vets on bikes, changes in school curriculums, creation of a dedicated animal welfare fund, would also entail considerations such as allocation of budgets, infrastructure, personnel and other resources, among other multifaceted issues. The Court also opined that these considerations were typically encompassed in government policy making. Thus, the Court disposed of the writ petition. Read more

Delhi High Court injuncts Khesari Lal Yadav from selling any new song to third party till 30-09-2025 in view of an agreement with Global Music Junction

An appeal was filed challenging the order/ judgment dated 06-01-2023 passed by a Single Judge whereby the application of respondent 1/ defendant 6 under Order XXXIX Rule 4 of CPC, 1908 has been allowed and the application filed by the appellant/ plaintiff under Order XXXIX Rules 1 and 2 CPC, 1908 has been dismissed, thereby vacating exparte ad-interim order dated 14-10-2022 in its entirety. A division bench of Manmohan and Saurabh Banerjee, JJ., sets aside the impugned order and injuncts Respondent 1 from engaging with any third person including Respondents 2 to 5 and/ or Appellant's competitor for monetising of any new song till 30-09-2025, except when the Appellant refuses to accept delivery of the said song subject to the Appellant proving its bonafides by depositing the balance fee (i.e. Rs.2.20 crores) with the Registry of this Court. Read more

Delhi High Court upholds Centre decision to bring all medical devices under the ambit of ‘drug' under Drugs and Cosmetics Act, 1940

Two writ petitions were filed by Surgical Manufacturers and Traders Association, one challenging the Notification dated 03-12-2018 issued by the Central Government via the Ministry of Health and Family Welfare (MHFW) dealing with medical devices and the other challenging Section 3(b)(iv) and Section 5(2) of the Drugs and Cosmetics Act, 1940. A division bench of Rajiv Shakdher and Tara Vitasta Ganju, J., did not interfere with the notifications passed as the Association has failed to demonstrate that Sections 3(b)(iv) and 5(2) are violative of Article 14 and/or 21 of the Constitution. It is because there is no manifest arbitrariness or unreasonableness in the shift in policy of bringing all medical devices within the ambit of a regulatory regime. Read more

Acid attack cases sow the seeds of fear and insecurity in society; Court's role in granting or denying bail significant: Delhi High Court

In a case wherein, an application was filed under Section 439 of Criminal Procedure Code, 1973 to seek grant of regular bail in FIR for the offences punishable under Sections 326-A, 392, 397, 411, 120-B and 34 of the Penal Code, 1860 (‘IPC'), Swarana Kanta Sharma, J.* considering the seriousness and gravity of the offence, refused to grant bail to the applicant-accused at the present stage and opined that , if the trial was not concluded within four months, fresh bail application could be filed before this Court and accordingly disposed of the application. Read more

Acrimonious relationship between parents, no ground to deny an attempt at re-establishing bond between mother and child: Delhi High Court

In a case wherein a petition was filed the petitioner, who was the mother of the minor child, challenging the order dated 27-08-2022 (‘impugned order') passed by the Principal Judge, Family Court, South-West District (‘Family Court'), denying the custody of the minor child, who was aged around ten years now, to the petitioner, Navin Chawla, J.*, opined that the Family Court could have explored taking the assistance of a Counselor attached to the Court for not only counseling the child, but also ensuring that the bond between the petitioner and the minor child was re-established without prejudicing the disputes that were filed inter se between the petitioner and Respondent 1 and their respective family members. Thus, the Court disposed of the present petition and set aside the impugned order dated 27-08-2022 of the Family Court. Read more

Welfare of the child in custody matters is foremost; Delhi High Court appoints maternal grandparents as ‘guardians' of minor

An appeal was filed under Section 19 of the Family Courts Act, 1984 by the appellants against the impugned Order dated 21-03-2018 vide which the petition filed by the appellants/maternal grandparents of the minor child to be appointed as ‘Guardian' and to seek permanent custody was dismissed. A division bench of Suresh Kumar Kait and Neena Bansal Krishna, JJ., dismissed the appeal and appointed the appellants as guardians but granted visitation rights to the father until further orders. Read more


Inside Gujarat High Court Verdict on why parents forcing children below age of 3 years to go to pre-school is an illegal act

In a batch of civil petitions filed by petitioners/ parents of children below the age of six years as on 01-06-2023, challenging the Notification dated 31-01-2020, whereby age limit of six years as on 1st June of the academic year 2023-24 was prescribed for admission of a child in 1st standard, the Division Bench of Sunita Agarwal, CJ. and N.V. Anjaria, J. dismissed the petition. The Court also held that forcing children to go to a pre-school below the age of three years is an illegal act on the part of the parents. Read more

Gujarat High Court holds selection of tender through random algorithm process by machine as transparent and fair

In a batch of civil applications against the method of ‘random algorithm' adopted for the issuance of a tender and selection of the bidder, the division Bench of Sunita Agarwal, CJ. and Aniruddha P. Mayee, J. dismissed the applications and held that method adopted for selection of the bidder through machine by random algorithm was the most transparent and fair manner of selection of the bidder, as there was no human intervention in the method. Read more


Whether a person fighting against militancy can be considered a ‘freedom fighter' under Swantantrata Sainik Samman Yojna? J&K and Ladakh HC answers

While deliberating over the instant petition seeking direction upon the respondents to consider the petitioner as freedom fighters and include his name in the Swantantrata Sainik Samman Pension Scheme of the Government of India; the bench of Sanjay Dhar, J.*, stated that a person who has fought against the militancy is not eligible under the said Scheme. Only those persons who have participated in the National Freedom Struggle, are eligible for benefits under the Scheme. Read more


Karnataka HC upholds State Government's February circular clarifying manner of reservation under Art. 371-J for candidates of Kalyana-Karnataka region

The instant petitions were filed by the aspirants to the posts of Assistant Engineer and Junior Assistant (Electrical) who were aggrieved by Circular No. CSUE 03 HAKKU 2019 dated 01-02-2023 by which the State clarified the manner in which the reservation contemplated under Art 371-J of the Constitution of India is to be applied in respect of candidates hailing from the Kalyana-Karnataka region (formerly known as “the Hyderabad-Karnataka region”). The Bench of N.S. Sanjay Gowda, J.*, while deliberating over these petitions, dismissed the petitions. The Court was of the view that the impugned circular been issued keeping in mind the principle laid down by the Supreme Court that candidates from reserved category would have to be first considered in the General Category and if they were found eligible for selection in the General Category, they were to be fitted into the General Category and it was only if they were unsuccessful in the General Category could they be considered in the Reserved category. Read more

“Lokayukta must set its house in order”; Karnataka HC takes stern note of delay in completion of investigation in a disproportionate asset case

While deciding upon the instant petition questioning the registration of crime under Section 13(1)(b) and 13(2) of the Prevention of Corruption Act, 1988 and its pendency before Additional District and Sessions Judge and Special Judge, Dharwad; the bench of M. Nagaprasanna. J.*, rejected the petition and stringently directed the Lokayukta to set its house in order by directing completion of investigation in the instant case within a time frame, failing which the “Damocles sword of prosecution will always be hanging on the head of the public servant and defeat several of his rights, if any”. Read more

Karnataka HC permits legal representation to an hexagenerian facing departmental enquiry despite company Rules stating otherwise

While considering the instant petition wherein the petitioner questioned an order dated 03-01-2022 passed by United India Insurance Company Limited declining to accede to his request for engaging the services of a Legal Practitioner to defend him in the departmental enquiry; the bench of M. Nagaprasanna, J.*, declared the petitioner entitled to be defended by an advocate in the departmental enquiry stating that he would face serious civil and pecuniary consequences in the event the enquiry would go against him. The Court stated that an employee, at the age of 63, who is to face a departmental enquiry along with the criminal trial becomes “tongue tied” and therefore he would require the assistance of a Legal Practitioner, “an hexagenerian cannot be left tongue tied”. Read more

Karnataka HC directs release of a convict on furlough for attending daughter's nikaah

While deliberating over the instant matter wherein the petitioner had sought his release on parole so that he can attend his daughter's nikaah (marriage) ceremony; the Bench of Krishna S. Dixit, J.*, directed the respondents to release the petitioner on furlough subject to usual precautions stating that a convict being behind the bars, does not render them a destitute of all liberty and dignity. The Court further stated that in matters like this humanistic approach needs to be adopted qua the convicts. “A convict has to keep in contact with the civil society although sporadically, so that his societal roots do not dry up when he languishes in the jail; otherwise, when he returns from the prison after completing the term of sentence, he may be a total stranger and life may prove hard to him; this is not a happy thing to happen in a Welfare State”. Read more


WhatsApp message shows victim receiving Rs 5000 after alleged rape; Kerala High Court grants pre-arrest bail

In an application filed under Section 438 of Criminal Procedure Code, 1973 (‘CrPC') seeking pre-arrest bail in a matter involving offences under Sections 376-D of Penal Code, 1860 (‘IPC') and 67-A of Information Technology Act, 2000 (‘IT Act'), Dr. Kauser Edappagath, J. took note of WhatsApp chats depicting payment of Rs 5,000 to the victim after the alleged sexual intercourse and granted bail to the applicant. Read more


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. Read more


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. Read more

Read why Madras HC upheld termination of man who obtained compassionate appointment as Junior Assistant in DPHPM

In petitions filed relating to the termination order issued by the Director of Public Health and Preventive Medicine and to quash the same and consequently direct the Deputy Director of Health Service and Revenue Divisional Officer to regularize the service of the petitioner on the post of Junior Assistant on compassionate basis, C.V. Karthikeyan, J. while dismissing the petitions, was surprised that the petitioner was going to the office knowing that the certificate was obtained on the basis of a false information, and said that this should have rankled him but still he continued to work and continued to draw salary. That salary is paid from and out of the public exchequer and the salary is part of the taxes paid by the public. Thus, as per the Court, the petitioner does not deserve any sympathy at all. Read more

Madras High Court asks Chief Minister MK Stalin to decide about continuance of Senthil Balaji as a Minister

In a writ petition filed concerning the issue of continuation of V. Senthil Balaji as a Cabinet Minister of the State of Tamil Nadu consequent to his arrest and as to whether a Minister could continue in office without being assigned any responsibilities and duties, that is without any portfolios, while in judicial custody, the division bench of Sanjay V. Gangapurwala*, CJ. and P.D. Audikesavalu, J. said that in the absence of any statutory disqualification incurred by Senthil Balaji, it would not be permissible for the Court to issue certain directions to the Governor to take a decision in a particular manner. Thus, it left it to Chief Minister MK Stalin to decide about the continuance of Senthil Balaji (who is in judicial custody) as a Minister without Portfolio. Read more

Madras HC directs Principal Sessions Court to hear V Senthil Balaji's bail plea in money laundering case; Set aside transfer of case to MP/MLA Court

In a petition filed by V. Senthil Balaji, Minister for Electricity, Prohibition & Excise, Tamil Nadu, under Section 482 of Code of Criminal Procedure Code, 1973 (‘CrPC') to set aside the return docket order passed by Principal District and Sessions Judge, Special Court (‘PDSJ') constituted under Section 43(1) of the Prevention of Money Laundering Act, 2002, and consequently direct the PDSJ for the trial of cases relating to MP and MLA , the division bench of R. Suresh Kumar* and K. Kumaresh Babu, JJ. while setting aside the impugned order, has directed the PDSJ to withdraw the transfer and entertain the bail application by numbering the same, if it is otherwise in order, and decide the said application after hearing both sides, at the earliest. Further, it directed the Registry to return the original bail application case papers filed along with this original petition to Senthil Balaji with acknowledgement after retaining the photocopy of the same. Read more


“A death in custody is a slur on a civilised State and completely unacceptable”; Meghalaya HC fixes quantum of compensation for custodial deaths

In a suo motu Public Interest Litigation (‘PIL') initiated pursuant to the directions of the Supreme Court in Inhuman Conditions in 1382 Prisons, In re, (2017) 10 SCC 658, wherein the Chief Justice of the High Courts were directed to register a suo motu public interest petition to identify the next of kin of the prisoners who died an unnatural death as revealed by the National Crime Records Bureau (‘NCRB') during the period between 2012 and 2015 and even thereafter, and award suitable compensation, unless adequate compensation had already been awarded, the Division Bench of Sanjib Banerjee, C.J. and H. S. Thangkhiew, J. fixed the amount of compensation on the basis of age of the deceased prisoner. Read more


Patna HC reads down the words “with approval of” as “in consultation with” for appointment of teachers; saves constitutionality of Section 57A(5) of Bihar State Universities Act, 1976

In a case wherein the writ applications were filed to challenge Section 4(5) of the Bihar State Universities (Amendment) Act, 2013 (‘Amendment Act, 2013') by which Section 57A of the Bihar State Universities Act, 1976 (‘Act of 1976') was substituted and to declare that it was ultra vires the Constitution in so far as the same affected the rights of minority educational institutions as enshrined under Article 30(1) of the Constitution, K. Vinod Chandran, C.J., and Partha Sarthy, J.*, concluded that by the reconstitution of the Selection Committee consisting of as many as six nominated persons and further by making the decision of the governing body of the minority colleges subject to the approval of the said Selection Committee, infringed with the rights of the minorities to establish and administer educational institutions of their choice. Hence, the Court held that the words “with the approval of the Selection Committee”, as occurring in Section 57A(5) of the Act of 1976 were to be read down as “in consultation with the Selection Committee”. Read more


‘In a Force constituted for ensuring security of borders of India, discipline is paramount'; Sikkim HC dismisses plea of ITBPF constable challenging his order of compulsory retirement

In a case wherein at petition was filed to challenge the impugned order of compulsory retirement of July 2020 and impugned office memorandum of December 2022 (order in appeal) by which the appeal preferred by the petitioner was rejected by the respondent, Bhaskar Raj Pradhan, J.*, was of the view that no case had been made out by the petitioner to invoke the judicial review jurisdiction of this Court against the compulsory retirement order and the order in appeal rejecting appeal. It was also pointed out that in a Force constituted for ensuring the security of the borders of India discipline was paramount and the writ court would hesitate from interfering in exercise of the discretionary jurisdiction of the authorities constituted and appointed under the Indian Tibetan Border Police Force Act, 1992 (‘ITBPF Act') and the Indo-Tibetan Border Police Force Rules, 1994 (‘ITBPF Rules') unless it was shown that the exercise of power was unconstitutional, arbitrary or perverse. Read more


‘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. Read more

Telangana High Court discusses High Court’s power in deciding suit title under Article 226 proceedings; restricts State from dispossessing parties

In an appeal against common order passed by the Single Judge on 28-04-2023 dismissing three writ petitions, confined to 53 acres of land, the Division Bench comprising of Alok Aradhe* and T. Vinod Kumar, JJ. discussed in detail the High Court’s exercise of jurisdiction under Article 226 of Constitution of India and set aside the impugned order. Read more

‘Citizens of India shall not be deprived of statutory benefits merely on ground of not having Aadhar Card'; Telangana High Court reiterates

The petitioner in this writ prays to declare the action of the respondents in not issuing the Pattadar Pass Book-cum-Title Deed after Land Records Updation Program (LRUP), which was undertaken by the Government of Telangana on the ground of not obtaining Aadhar Number by the petitioner for agriculture land as illegal, arbitrary, capricious besides being in violation of Article 300-A of the Constitution. Surepalli Nanda, J.*, reiterated that citizens shall not be deprived of their statutory benefits merely on the ground of not having Aadhar card and thus, passed appropriate orders for issuance of pattadar passbook cum title deed in favour of the petitioner. Read more


Principle of res ipsa loquitur in stricto sensu shall not apply to cases falling under Section 304-A of Penal Code, 1860: Uttaranchal High Court

In a case wherein a criminal revision was filed against the judgment and order dated 25-11-2013 passed by the Sessions Judge, whereby, the revisionists were convicted under Sections 279 and 304-A of the Penal Code, 1860 (‘IPC') and were sentenced under Section 279 of the IPC for a term of three months simple imprisonment and a fine of Rs. 1000 each, Pankaj Purohit, J.*, opined that sequence of the incident reflected that the accident was not caused by the rash and negligent driving of the driver of the vehicle and the basis that doctrine of res ipsa loquitur stricto sensu would not apply to a criminal case as its applicability in an action for injury by negligence was well known. Read more

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One comment

  • I couldn’t agree more with the points made in this article. Well-researched and thought-provoking.

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