HIGH COURT SEPTEMBER 2023 WEEKLY ROUNDUP| Stories on Live-in relationship; Child custody; Financial incapacity of Spouse; Seat of arbitration and more

ALLAHABAD HIGH COURT

Purpose of cases is not to provide livelihood for lawyers or monthly disposal quota to Judges; Allahabad HC condemns lawyers’ strike

In a writ petition, wherein the lawyers were abstaining from judicial work due to strike due to Hapur lathi charge incident, Kshitij Shailendra, J. while adjourning the matter, said that the cases are not disposable commodities to be treated as mere statistics. Their purpose is not to provide a livelihood for lawyers or provide monthly disposal quota to Judges. Read more

[Inter-religion Live-in relationship] Parents cannot interfere in right to freedom of choosing a partner: Allahabad High Court

In a writ petition filed seeking direction to the respondent to not interfere in the peaceful living of the petitioners, and to direct the State to provide protection to the petitioners, Surendra Singh-I, J. opined that the petitioners are at liberty to live together and no person, including their parents or anyone acting on their behalf, shall be permitted to interfere in their peaceful live-in-relationship. In case any disturbance is caused in the peaceful living of the petitioners, the petitioners shall approach the Superintendent of Police concerned, with a copy of this order, who shall provide immediate protection to the petitioners. Read more

[Hapur lathi charge incident] Allahabad HC forms Judicial Committee to look into UP Bar Council’s grievances

In a public interest litigation filed by the Bar Council of Uttar Pradesh in respect of the lathi charge by the police on the lawyers at Hapur, Uttar Pradesh, with the prayer to issue suitable directions regarding the grievances referred to in the application dated 07-09-2023, preferred by the Bar Council of Uttar Pradesh, to be placed before the Special Committee to be constituted by the Chief Justice, the division bench of Pritinker Diwaker, CJ. and Mahesh Chandra Tripathi, J. has referred the said application of the Bar Council of UP to the Committee chaired by Justice Manoj Kumar Gupta and consisting of Justice Rajan Roy, Justice Mohd. Faiz Alam Khan, Advocate General of Uttar Pradesh or his nominee; Chairman, Bar Council of UP and President, High Court Bar Association. Read more

ALLAHABAD HIGH COURT

Read why Allahabad High Court granted bail to two Christian persons accused of Mass conversion of SCs & STs

In an appeal under Section 14-A(2) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (‘SC/ST Act’) against the order passed by the Special Judge SC/ST Act, wherein the bail application of the accused persons has been rejected, Shamim Ahmed, J. said that the complainant was not competent to lodge the present FIR as he is neither the aggrieved person, nor his/her parents, brother, sister or any other person, who is related to him/her by blood, marriage or adoption is aggrieved person as provided under Section 4 of the Act, 2021. Further considering the fact that accused persons are in jail since 24-01-2023 and has undergone a substantial period of detention and further considering the larger mandate of the Article 21 of the Constitution of India and the law laid down in Dataram Singh v. State of U.P., (2018) 3 SCC 22 ,viewed that the Court below has failed to appreciate the material available on record, thus, it set aside the impugned order and granted bail to the accused persons. Read more

Reserved category candidates can compete in unreserved category for PSC’s recruitment process based on merit, even after availing age and fee relaxation: Calcutta High Court

In a case revolving around the interpretation of policies regarding age relaxation and concessions for reserved category candidates during recruitment by the West Bengal Public Service Commission, a Division bench comprising of Debangsu Basak* and Md. Shabbar Rashidi, JJ., upheld the Public Service Commission’s procedure of placing candidates from reserved categories, who have availed relaxation of age and fees as per the Acts and the memorandum, in the unreserved category in the merit list if they qualify on merit. The Court also affirmed the maintainability of the Public Service Commission’s petition challenging the Tribunal’s order. Read more

Calcutta High Court directs Governor’s office to submit Affidavit-in-Opposition on West Bengal University Laws (Amendment) Bill, 2022’s status

While deciding a public interest litigation (PIL) concerning the pending assent by Governor on West Bengal University Laws (Amendment) Bill, 2022, a division bench comprising of I.P. Mukerji and Hiranmay Bhattacharyya, JJ., directed that an affidavit-in-opposition be filed by the office of the Governor, disclosing the current status of the bill. The Court also directed the petitioner to file an affidavit-in-reply by 13-10-2023. Read more

BOMBAY HIGH COURT

Bombay High Court quashes condition imposed by MHADA citing Wednesbury Principles and Doctrine of Proportionality

A petition was filed by Cosmos Constructions (petitioner) seeking to quash a condition styled as Condition 1 as a reservation for a contentious MHADA housing site imposed by the Thane Municipal Corporation relating to a building development permission on a tract of land that belongs to the Petitioner. A division bench of G S Patel and Kamal Khata, JJ., quashed and sets aside the condition imposed and directed the Petitioner to submit building proposal after considering the land use as MHADA Housing Site ‘A’ in respect of plots of land. Read more

CALCUTTA HIGH COURT

Calcutta High Court appoints Special Officer to determine Class X student enrolment status in St. Augustine’s Day School

In a case where the affiliation of the school was discontinued by the Council for the Indian School Certificate Examinations, endangering the further of 76 students enrolled in Class X of the said school, a single-judge bench comprising of Biswajit Basu, J., takes measures to protect the interests of the Class X students by appointing a Special Officer to ascertain the true number of eligible students and directed the school authorities to fully cooperate by providing all relevant records to the Special Officer. Read more

‘Kerosene oil — Poor Man’s Fuel’; Calcutta High Court directs Central Government to establish policy for subsidised Kerosene oil prices for consumers

In the case which underscores the critical issue of access to essential commodities for economically disadvantaged individuals and the role of the government in ensuring affordability and fairness in distribution systems like the Public Distribution System (PDS), a single-judge bench comprising of Bibek Chaudhuri, J., directed the Central Government to adopt and make a policy decision regarding the subsidised price of kerosene oil for consumers. The Court also directed the State Government to impose minimal taxes, cess, and duties to ensure that the poorest citizens can afford kerosene oil for essential purposes. Read more

Calcutta High Court grants stay on upcoming Panchayat Sthayee Samity election amidst pending investigation…

While deciding a writ petition seeking Court’s intervention on scheduled election of the Sthayee Samity, Raniganagar-II Panchayat Samity due to alleged illegal activities by members of the ruling dispensation and their influence over the Prescribed Authority responsible for conducting the meeting, a single-judge bench comprising of Amrita Sinha, J., directed the Prescribed Authority and the Sub-Divisional Officer to postpone the scheduled election. Read more

“State has forgotten its feminist roots”; Calcutta High Court enhances compensation in Acid Attack case; calls for compliance with Supreme Court directives

While deciding a writ petition seeking compensation for an unfortunate incident where the 17-year-old girl, and her 14-year-old brother, were victims of an acid attack, a single-judge bench comprising of Shekhar B. Saraf, J., held that the petitioner 1 entitled to a minimum compensation of Rs. 7 lakhs, with an additional 50% due to her minor status and directed the State of West Bengal to pay the same. The Court disposed of the present writ petition with the directions given to the State of West Bengal for amending its compensation scheme and disbursing the appropriate compensation to the victim. Read more

Order of acquittal shouldn’t solely hinge on complainant’s non-appearance: Calcutta High Court

A single-judge bench comprising of Shampa Dutt (Paul),* J., held that there has been a serious miscarriage of justice in this case and set aside the impugned order passed by the Metropolitan Magistrate, acquitting the accused under Section 256 of the CrPC. The Court restored the Complaint case to its own file and directed the trial court to continue the proceedings against the accused from the stage before the dismissal and dispose of the case within six months. Read more

Calcutta High Court prioritises ‘reformation and rehabilitation’ over ‘Death Penalty’ in heinous case of rape and murder of girl child

While deciding an appeal against the conviction for rape and murder of a minor girl child, a Division bench comprising of Gaurang Kanth and Joymalya Bagchi,* JJ., held that despite the heinousness of the crime, the possibility of reformation and rehabilitation of the appellants over their nearly two-decade incarceration outweighed the grounds for imposing the death penalty. The Court dismissed the appeal and upheld the convictions and sentences imposed by the trial court and set off the period of detention served by the appellants during investigation, inquiry, and trial against their substantive sentences.

“Mere reference to gravity or heinousness of the crime is not enough. The Court prior to imposing death penalty must satisfy its conscience that there is no possibility of rehabilitation and reformation of the convict and he would remain a continuing threat to society.” Read more

[Shifting Onus] Accused responsible to explain wife’s homicidal death in presence of overwhelming evidence against him: Calcutta High Court

A Division bench comprising of Joymalya Bagchi and Gaurang Kanth,* JJ., invoked Section 106 of the Evidence Act, which places the burden on the accused to explain certain facts within their special knowledge when the prosecution has established related facts and held that the appellant failed to provide a satisfactory explanation for the death and injuries of his wife. The Court observed that

,

“…when the presence of the Appellant is proved beyond doubt in the room where his wife was murdered, the onus shifted on the Appellant to explain how his wife died, especially when the postmortem report reveals the cause of death to be asphyxia, due to strangulation, ante mortem and homicidal in nature.” Read more

Ongoing civil suit with Status Quo renders criminal proceedings an abuse of legal process: Calcutta High Court

A single-judge bench comprising of Shampa Dutt (Paul), J.*, held that the present dispute is civil in nature, and the ongoing civil suit with an order of status quo rendered the criminal proceedings an abuse of the legal process. The Court emphasised that the Court should intervene when it finds that a criminal proceeding is maliciously instituted with an ulterior motive or lacks merit. Read more

DELHI HIGH COURT

[Project NH-32] Delhi High Court upholds Award of Rs. 36 Crores to be paid by NHAI to Ashoka Buildcon Ltd

In a case wherein a petition was filed by the petitioner, National Highways Authority of India (‘NHAI’) under Section 34 of the Arbitration and Conciliation Act, 1996 (‘the Act’) to quash and set aside the arbitral award dated 25-03-2019 passed by the Arbitral Tribunal (‘Tribunal’), Chandra Dhari Singh, J.*, opined that a perusal of the impugned Award made it evident that there was no patent illegality or error apparent on the face of the record and the Arbitrator had passed the impugned Award after considering all the relevant material placed before it during the arbitral proceedings. The Court further opined that the impugned Award was well-reasoned and was not in contravention of the fundamental policy of Indian law. Therefore, the Court held that as the petitioner failed to show that any grounds stipulated under Section 34 of the Act were being met, there was no reason for interfering with the impugned Award. Read more

Divorced daughter is not a dependant u/s 21 of Hindu Adoption and Maintenance Act, 1956, thus not entitled to maintenance: Delhi High Court

In a case wherein, the appellant had filed an appeal under Section 19 of the Family Courts Act, 1984 read with Sections 96 and 151, Civil Procedure Code, 1908 against the impugned order dated 4-1-2018, wherein the petition under Section 22 of the Hindu Adoption and Maintenance Act, 1956 (‘HAMA’), the Division Bench of Suresh Kumar Kait and Neena Bansal Krishna*, JJ. upheld the order dated 4-1-2018, wherein it was held that the appellant being the divorced daughter, was not entitled to claim any maintenance under the HAMA and accordingly dismissed the present appeal. Read more

Delhi High Court deprecates children being used as an instrument in matrimonial disputes; Directs lawyer husband to do 10 pro bono cases

Two petitions were filed seeking quashing of FIR registered at PS New Usmanpur, Delhi under Sections 498-A, 406, 34 IPC and Section 4 of Dowry Prohibition Act, 1961, in FIR registered at PS Amar Colony under Section 354 IPC and 10 POCSO Act. Dinesh Kumar Sharma, J., quashed the FIR filed under Sections 498-A, 406 and 34 IPC and Section 4 of Dowry Prohibition Act, 1961 along with the FIR registered under Section 354 IPC and 10 POCSO Act and all subsequent proceedings emanating therefrom. Read more

‘Highly qualified and has earning capacity’; Delhi High Court denies maintenance to a woman who did not disclose her true income

In a case wherein the wife, appellant had challenged the Order dated 03-09-2019 of the Principal Judge, Family Court (‘Family Court’), dismissing her application for maintenance under Section 24 of Hindu Marriage Act, 1955 (‘HMA’), the Division Bench of Suresh Kumar Kait and Neena Bansal Krishna*, JJ., held that in the present case it was not only that the wife was highly qualified and had an earning capacity, but in fact she had been earning, though had not been inclined to truthfully disclose her income. The Court thus opined that such a person could not be held entitled to maintenance, therefore, dismissed the appeal as it found no merit in it. Read more

Trial Court rightly relied upon Aadhaar card to ascertain victim’s age u/s 94 of the JJ Act, 2015; Delhi High Court upholds discharge in POCSO case

This Revision Petition was filed under Section 401 of the Criminal Procedure Code, 1973 (‘CrPC’) to impugn the order of July 2016 passed by the trial court, wherein the trial court found no authentic document on record which could give clear indication about actual date of birth of the prosecutrix, which was alleged to be about 16 years of age. Sudhir Kumar Jain, J.*, held that the trial court had rightly relied upon the Aadhaar card to ascertain the age of prosecutrix as per mandate of Section 94 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (‘JJ Act, 2015’), which reflected the date of birth of the prosecutrix as 01-01-1994. Read more

Financial status of a spouse is not the sole determining factor to consider custody of a child: Delhi High Court reiterates

In a case wherein, an appeal was filed by the appellant under Section 47 of the Guardians and Wards Act, 1890 against the impugned judgment dated 28-2-2022, whereby the appellant was given limited visitation rights of his son, the Division Bench of Suresh Kumar Kait and Neena Bansal Krishna*, JJ., while balancing the child’s rights and his interest and welfare, upheld the visitation rights granted by the Family Court vide impugned judgment dated 28-2-2022 and accordingly, dismissed the appeal. Read more

Delhi High Court exempts 75-year-old accused of sexual assault from physical appearance; Directs counsel to appear physically

A petition was filed under Articles 226 and 227 of the Constitution read with Section 482 of the Criminal Procedure Code (CrPC) was filed on behalf of petitioners seeking appeal/repeal/revision/alteration/modification/setting aside, in full or in part, of the order dated 08-06-2023 passed by Principal District & Sessions Judge (Central), Tis Hazari Courts, Delhi. Swarana Kanta Sharma, J., sets aside the impugned order insofar as it contains directions qua physical/virtual presence of petitioner 1 and directed petitioner 1 to remain present on every date of hearing virtually i.e., through video-conferencing before the Trial Court and the counsel to remain present physically before the Court. Read more

‘Appears to be large-scale operation with intention to collect money under the name AJIO’; Delhi High Court directs Cyber Cell to investigate AJIO scratch card scam

In a case wherein Plaintiff 1, Reliance Industries Ltd. alleged that its AJIO trade mark was being fraudulently used by various people to lure customers into depositing money for winning scratch card coupons to the tune of Rs. 7.5 lakhs and up to Rs. 10 lakhs, Prathiba M. Singh, J.*, opined that it appeared to be a large-scale operation carried out by unscrupulous individuals with the intention of collecting money under the name of ‘AJIO’ and ‘AJIO Online Shopping (P) Ltd.’. Thus, the Court granted an interim injunction restraining Defendants 1 to 6 and anyone acting for and on their behalf from using the mark ‘AJIO’ or in any manner sending any communications whatsoever to any customers or public for further collecting monies into any of the bank accounts including any fresh bank accounts to be opened by them. Read more

[Gender Neutrality] Delhi High Court sets aside order discharging female accused persons without any reasonable basis

A criminal revision petition was filed under Sections 397, 401 of Criminal Procedure Code, 1973 (CrPC) on behalf of petitioner/State seeking to set aside the impugned order dated 06-09-2019 passed by the Trial Court in FIR registered under Sections 147, 148, 149, 323, 341, 307, 365 and 114 of Penal Code, 1860 (‘IPC’) and Section 27 of Arms Act, 1959 filed at Police Station Nand Nagri, Delhi. Swarana Kanta Sharma, J., sets aside the impugned order and held that in the absence of any specific reasons for discharging the accused persons at the stage of framing of charge itself, in face of specific allegations against them, any such presumption made by the Trial Court holds no ground. Read more

[Child Beggary] Delhi High Court directs Government of Delhi to file detailed status report on steps taken for rehabilitation of rescued children

In a case wherein the petitioner raised the issue that despite of various schemes and programmes, the child begging issue remained widespread in Delhi, the Division Bench of Satish Chandra Sharma, C.J. and Sanjeev Narula, J., directed the Government of Delhi to file a detailed status reports regarding children in conflict with law rescued by the Government and housed in various rehabilitation centres, steps taken by the Government for rehabilitation of such children and an assessment of long-term impact of such centres upon children in its care. Read more

‘Not an original work u/s 13(1)(a) of Copyright Act’; Delhi HC directs Registrar of Copyrights to expunge copyright registration for work ‘GOORCHARRE MAST SEVIAN’

In a case wherein the petitioner, Manju Singal Proprietor Singla Food Products had filed the present petition under Section 50 of the Copyright Act, 1957 (‘Copyright Act’) seeking rectification of the Copyright Registration for the work ‘GOORCHARRE MAST SEVIAN’, Prathiba M. Singh, J.*, opined that apart from the substantial similarity, Respondent 1’s work was also a slavish imitation of the petitioner’s work itself and the distinguishing elements, if any, did not affect the substantial similarity and the imitation that Respondent 1 had resorted to. The Court held that Respondent 1’s registration having been wrongly applied for as an original work deserved to be rectified and expunged from the Register of Copyright in accordance with Section 50 of the Copyright Act. Read more

[O 26 Rule 10A CPC] Delhi High Court appoints IIT Mumbai as Expert Committee for scientific examination at NBCC Green View project

An application was filed by the plaintiff seeking an appointment of a technical expert committee at its cost, who will take core samples from across the entire construction in a suit filed by the plaintiff for recovery of Rs.750 crores on the basis that the RCC construction carried out by the defendant contractors have been found unsafe. Yogesh Khanna, J., appointed IIT Mumbai to conduct the scientific examination of the RCC structure at NBCC Green View project and submit its report at the earliest. Read more

‘Financial instability’ of a spouse is covered under the ambit of ‘mental cruelty’: Delhi High Court

In a case wherein, an appeal was filed by the appellant under Section 28 of the Hindu Marriage Act, 1955 (‘the HM Act’) to challenge the judgment dated 31-8-2007, where the appellant’s petition for divorce on the grounds of cruelty and desertion under Section 13(1)(ia) and 13(1)(ib) of the HM Act, the Division Bench of Suresh Kumar Kait and Neena Bansal Krishna*, JJ., opined that the Court could not be a party to such mental cruelty, and accordingly, allowed the appeal and granted the divorce on the grounds of cruelty and desertion under Section 13(1)(ia) and 13(1)(ib) of the HM Act. Read more

Delhi High Court refuses decree of specific performance in view of creation of third-party interests; Directs compensation of Rs. 15 lakhs

A civil suit was filed by Sanghi Brothers, a company registered under the Companies Act, 1956 seeking a decree for specific performance against the defendant and in favour of the plaintiffs and to direct the defendant to transfer/ assign / sell to the plaintiffs the property including land admeasuring about 1200 square yards at Vasant Vihar, New Delhi along with a decree for payment of money in favour of the plaintiffs and against the defendants in the sum of Rs 20,79,049 and interest @ 18% p.a. from the date of the suit and till the date of actual realization of the same. Chandra Dhari Singh, J., held that the plaintiffs are not entitled for grant of decree for specific performance and in lieu of the claim of specific performance, the plaintiffs are held to be entitled to the compensation wherein the defendant is directed to pay a sum of Rs. 15,00,000/- to the plaintiff 1.Read more

Delhi High Court upholds validity of Rule 8 of Chewing Tobacco and Unmanufactured Tobacco Packing Machines (Capacity Determination and Collection of Duty) Rules, 2010

In a case wherein an appeal was preferred under Section 35-G of the Central Excise Act, 1944 (‘Act’) challenging an order dated 02-11-2017 passed by the Central Excise and Service Tax Appellate Tribunal (‘Tribunal’) and seeks a declaration to the effect that Rule 8 of the Chewing Tobacco and Unmanufactured Tobacco Packing Machines (Capacity Determination and Collection of Duty) Rules, 2010 (‘CTUT Rules’) be declared ultra vires to Section 3A of the Act and additionally being violative of Article 14 of the Constitution, the Division Bench of Yashwant Varma* and Dharmesh Sharma, JJ., noted that the Tribunal had concluded that Rule 8 mandated if any new machine was installed on any date during the month, it was to be considered as having operated for the entire month. It was accordingly held that while the number of machines which would be deemed to have operated during the months concerned would have to be computed in accordance with Rule 8, thus, the appellant would be liable to pay duty accordingly. Thus, the Court stated that it cannot hold that Rule 8 as being ultra vires Section 3A of the Act nor was there any error in the view as expressed by the Tribunal while passing the order impugned. Read more

Delhi High Court directs Law and Justice Ministry to periodically monitor the status of uploading the Acts on the India Code portal

A petition was filed challenging the order dated 04-11-2015 passed by the Central Information Commission (‘CIC’), whereby it was directed to the petitioner to upload all the latest amended bare Acts, examine the functionality of its E-mail ID, develop an appropriate RTI filing mechanism and to pay Rs. 10,000 under Section 19(8)(b) of the RTI Act to the library of National Law School of India University, Bengaluru. Manmohan, J., waived off the cost imposed by the CIC vide the impugned order and directed the Secretary, Legislative Department, Ministry of Law and Justice to periodically monitor the status of uploading the Acts on the India Code portal and ensure that the process is completed seamlessly and, in a time-bound manner. Read more

Rectification petition in a trade mark suit can be filed where the dynamic effect of the registration of impugned mark is felt: Delhi High Court

In a case wherein, the question arose that whether a petition under Sections 47, 57 or 124 of the Trade Marks Act, 1999 (‘the Act’) for removal of a trade mark from Trade Marks Register would lie only before the High Court which had the territorial jurisdiction over the office of Trade Marks Registry where the impugned mark was registered or could be filed in any other High Court, C. Hari Shankar, J.*, opined that the petitioners in both the petitions were experiencing the dynamic effect of the registration within the jurisdiction of the present Court and therefore, the petitions were maintainable before the Court. Read more

Delhi High Court| Fit case for adjudicating whether UPSC can be directed to release Answer Key for UPSC Prelims, 2023 before Final Results

A petition was filed by 17 aspirants who appeared at the Union Public Service Commission- Civil Services (Preliminary) Examination 2023, (“Preliminary Examination”), conducted by the Union Public Service Commission/ respondent 1 (“UPSC”), and did not qualify for the subsequent round i.e., Civil Services (Mains) Examination 2023, being aggrieved by the respondents act of neither releasing the individual marks scored, cut-off marks and the answer keys along with the Preliminary Examination’s result nor assigning any reason for the non-disclosure. Chandra Dhari Singh, J., held that the prayers sought cannot be said to per se lead to a dispute with respect to recruitment under Article 323-A of the Constitution of India or under the Administrative Tribunals Act, 1985, thus, the Central Administrative Tribunal has the exclusive jurisdiction to entertain the said petition. read more

Limitation period to appeal against Family Court’s decree is thirty days, delay can be condoned if sufficient cause is shown: Delhi High Court clarifies

In a case wherein, the appellant-wife filed an appeal against the judgment dated 11-4-2019 passed by the Family Court whereby the divorce petition filed by the respondent-husband under Section 13(1)(ia) of the Hindu Marriage Act, 1955 (‘HM Act’) was allowed, the Division Bench of Sanjeev Sachdeva* and Vikas Mahajan, JJ., disposed of the preliminary objection regarding the delay in filing an appeal and held that the limitation period for filing an appeal against the judgment or the order of the Family Court was thirty days, however, delay could be condoned under Section 5 of the Limitation Act, 1963, if sufficient cause was showed. Read more

GUJARAT HIGH COURT

Gujarat HC allows minor to terminate 19 weeks pregnancy; quotes Skanda Purana highlighting value of mother in society

While hearing a criminal application to terminate the pregnancy of a minor victim, Samir J. Dave, J. allowed the application and directed for termination of pregnancy of the minor victim. Read more

HIMACHAL PRADESH HIGH COURT

Public authorities should be made accountable for lapses or failure to discharge its duties: Himachal Pradesh High Court

In a case wherein, the petitioner had filed a writ petition seeking to direct the respondents to grant pension and all other retiral benefits, Satyen Vaidya, J.* directed the respondents to pay the retirement dues along with the amount of interest and also directed, Respondent 1, Principal Secretary (Health), Government of Himachal Pradesh to conduct an independent and impartial inquiry regarding delay in the petitioner’s case and recover the amount of interest payable to the petitioner from the public officer found for the lapse, and accordingly disposed of the petition. Read more

JAMMU AND KASHMIR AND LADAKH HIGH COURT

Being brother of a militant, and lacking any ostensible activities disrupting public peace or security, cannot justify preventive detention: J&K and Ladakh HC

While deliberating over the instant petition challenging detention order issued by District Magistrate, Ramban (detaining authority) on the grounds that the detenue tried to create communal dissentions and that he is in close contact with his elder brother who had joined militancy about 25 years ago and crossed over to Pakistan and is presently operating from Pakistan; the Bench of M.A. Chowdhary, J.*, quashed the impugned detention order stating that just being brother of a militant, who exfiltrated to POK (Pakistan Occupied Kashmir) and without any ostensible activities in the direction of public peace or security, cannot justify the petitioner’s preventive detention. The live and proximate link between the past conduct of the detenue and the imperative need to detain, must be harmonised to rely upon the alleged illegal activities of the detenue. Read more

JHARKHAND HIGH COURT

MV Act Compensation | Jharkhand High Court directs Truck owner to compensate gratuitous passenger

In an appeal against judgment passed by the Additional District and Sessions Judge-cum-Motor Vehicle Claims Tribunal Judge dismissing the claim for compensation under Section 166 of Motor Vehicles Act, 1988, Ananda Sen, J. directed the truck owner to compensate the gratuitous passenger and held that the insurance company was not liable as per facts of the case. Read more

KARNATAKA HIGH COURT

“Court cannot shut its eyes when it has been proven that employees were posted on basis of political pressure on employers”: Karnataka HC observes

While deliberating over the instant petitions wherein transfer order of the Respondent 3 was challenged by the petitioner on the ground that it involved political intervention and thus runs contrary to Transfer Guidelines; the Bench of N.S. Sanjay Gowda, J.*, quashed the impugned transfer order and observed that the Court cannot shut its eyes when it has been clearly established before it that an employee had been posted to a particular place due to political pressure brought upon the employer. The Court reiterated several of its precedents on the issue which have stated that any action of transfer based on political pressure brought by any employee for being posted to a particular place is not only required to be annulled, but such an employee cannot be granted the requested posting. Read more

Text of Art. 164(1A) “clear as Gangetic waters”; Karnataka HC dismisses petition challenging appointment of Advisors to Chief Minister of Karnataka

While deciding the instant petition seeking a Writ of Quo Warranto against the private respondents who have been appointed by the State Government as Political Secretaries, Chief Advisor and Media Advisor to the current Chief Minister of Karnataka; the Division Bench of Prasanna B. Varale, CJ*., and Krishna S. Dixit, J., dismissed the petition stating that the respondents have been appointed to assist the Chief Minister and they are not functioning as the Ministers in the literal sense hence these appointments do not attract Art. 164(1A) of the Constitution. Read more

“Disputes requiring both oral and documentary evidence are not ordinarily taken up for examination in writ jurisdiction”: Karnataka HC reiterates

While deciding the instant appeal challenging the Single Judge bench decision whereby which the appellant was directed to explore his remedies under S. 70 of Karnataka Cooperative Societies Act, 1959; the Division Bench of Prasanna B. Varale, CJ.*, and Krishna S. Dixit, J., in the context of the instant matter reiterated that, disputes of the kind which require both oral and documentary evidence are not ordinarily taken up for examination in writ jurisdiction; it is more so when the remedy provided under S. 70 of Karnataka Cooperative Societies Act, 1959 happens to be alternate and more efficacious one. Read more

KERALA HIGH COURT

Watching Pornographic content in private not an offence under Section 292 of IPC: Kerala High Court

In a matter which involved the question of ‘whether a person watching a porn video in his private time without exhibiting it to others amounts to an offence?’, involving offence punishable under Section 292 of Penal Code, 1860 (‘IPC’), P.V. Kunhikrishnan, J. quashed the criminal proceedings against the petitioner while holding that watching porn in private is not an offence as per IPC Section 292. Read more

MADRAS HIGH COURT

Arbitrator’s fees to be treated as preferential payments even where CIRP proceedings are pending before NCLT: Madras High Court

In an application filed under Section 39 of the Arbitration and Conciliation Act, 1996 to direct Justice F.M. Ibrahim Khalifulla, Former Supreme Court Judge, to release the lien on the Award dated 30-04-2021 and consequently to provide a complete, signed copy of the said Award to the applicant, Abdul Quddhose, J. gave the following directions:

• The Registrar General was directed to endorse the Fixed Deposit Receipt for a sum of Rs.15,00,000/-, which is now lying to the credit of these applications together with accrued interest in favour of the Arbitrator as expeditiously as possible, without any further delay.

• The Insolvency Professional (‘IP’) appointed by the National Company Law Tribunal (‘NCLT’) was directed to pay the Arbitrator the balance amount of Rs.44,73,750/- on a priority basis from and out of the funds of the applicant. Further, IP was also directed to pay costs of Rs.5,00,000/- to the Arbitrator on account of these vexatious applications filed, which amounts to abuse of process. Read more

ORISSA HIGH COURT

‘Trial Court’s conviction based on sheer morals’; Orissa HC acquits murder convicts in 20 years old case

In a jail criminal appeal against Trial Court’s conviction order of the convicts for offences under Section 302 read with Section 34 and Section 201 of the Penal Code, 1860 (‘IPC’), the Division bench of S.K. Sahoo and Sibo Sankar Misra, JJ. allowed the appeal and acquitted the convicts of the said charges as the prosecution had failed to bring home the evidences to establish the guilt of the convicts. Read more

‘Habeas Corpus is a writ of right and not writ of course, cannot be issued to trace out missing persons’: Orissa HC

In a criminal petition filed for issuance of writ of habeas corpus to produce the missing daughter of the petitioner, the Division Bench of S.K. Sahoo and Sibo Sankar Mishra, JJ. dismissed the petition and held that petition seeking writ of habeas corpus cannot be entertained to trace out a missing person and said that for such purpose, the petitioner can pursue other effective remedy. Read more

Orissa HC vexed over Notaries issuing Marriage Certificates having no value in eyes of law

While hearing a criminal petition filed by a husband (petitioner), wherein the husband was alleging that his wife’s parents (opposite parties) had confined his wife and were not allowing her to meet him, the Division Bench of S.K. Sahoo and Sibo Sankar Mishra, JJ. noted that a marriage declaration document was prepared by a Notary Public, signed by both the husband and wife on 19-04-2023. The Bench was vexed that Notaries are issuing marriage declaration documents outside the ambit of their powers. Read more

PUNJAB AND HARYANA HIGH COURT

State’s justification for refusing 13 Judicial Officers’ promotions after Punjab and Haryana HC pulled the authorities for ‘language’

After the Division Bench of G.S. Sandhawalia and Harpreet Kaur Jeewan reprimanded the State authorities for using ‘per se contemptuous’ language in the letter conveying non-acceptance of recommendation for promotion of 13 Haryana Civil Service (Judicial Branch) Officers, the State produced its justification and filed a short affidavit through Mr. Sanjeev Kaushal, Chief Secretary of Haryana. The Court accordingly allowed the petitioner to file an amended writ petition and adjourned the next hearing to 9-10-2023. It also said that “Keeping in view the controversy involved, the original record received be sealed and kept with the Registrar Judicial.” read more

‘A woman cannot be forced to marry a person due to prior intimacy’: Punjab and Haryana High Court grants anticipatory bail

In a petition filed under Section 438 of Criminal Procedure Code, 1973 (‘CrPC’) seeking anticipatory bail in a case registered for offence under Section 306 of Penal Code, 1860 (‘IPC’) Gurbir Singh, J. granted anticipatory bail while directing the petitioner to join investigation as and when required by the Investigating Agency. The Court pointed out that it was debatable whether the petitioner played any role in complainant’s son’s suicide, and also clarified that a woman could not be forced to marry a person for having prior intimacy with him. Read more

RAJASTHAN HIGH COURT

Seat of arbitration once fixed by the arbitration agreement, has the exclusive jurisdiction for applications u/s 11 of the A&C Act, 1996: Rajasthan High Court

In a case wherein, arbitration applications had been filed by the applicant under Sections 11, 14 and 15 of the Arbitration and Conciliation Act, 1996 (‘the Act’), Pushpendra Singh Bhati, J.*, opined that the arbitration agreement clause related to appointment of arbitrator was required to be invoked and while exercising its power under the Section 11 of the Act, the Court appointed Justice Dinesh Maheshwari as the Sole Arbitrator and Substitute Arbitrator to adjudicate the dispute between the parties. Read more

SIKKIM HIGH COURT

Third party whose property interests are adversely affected can approach the execution court under Order XXI Rule 97 of CPC: Sikkim High Court

In a case wherein, a writ petition under Article 227 of the Constitution was filed to set aside the order dated 7-4-2017, wherein the prayer for execution of arbitral award was rejected, Meenakshi Madan Rai, J.*, opined that by filing a petition under Order XXI Rule 97 of the Civil Procedure Code, 1908 (‘CPC’), the person who was not the party to the arbitral proceedings could seek and obtain relief if the award was not given fairly and upheld the impugned order and accordingly, dismissed the petition. Read more

TELAGANA HIGH COURT

Workman’s absence from work due to ill health, though unauthorized but not willful or by negligence; Telangana High Court sets aside order of removal

In a case wherein the petitioner’s husband was removed from service by the respondent after an order in 2006 on the charge that he was absent from duties from 05-03-2006 to 23-03-2006 and that he maintained irregular attendance, Nagesh Bheemapaka, J.*, opined that it was clear that the workman suffered severe health setback and he was confined to bed till his death. Hence, the charged absence was unauthorised, but not wilful or by negligence, and the Court took a lenient view to be inclined to grant the relief prayed for by the petitioner. Read more