ALLAHABAD HIGH COURT
Can a writ petition for restoration of dealership, arising out of a non-statutory contract be maintainable? Allahabad HC answers
In a writ petition directed against the impugned order passed by the Executive Director, Indian Oil Corporation Ltd (‘Corporation’), by which the appeal preferred by the petitioners has been rejected, Piyush Agrawal, J., while allowing the writ petition said that the dispensing units are being sealed by the Corporation as well as by the Weight and Measurement Department, but neither any discrepancies have been pointed out at any stage with regard to any manipulation in the sealing of the dispensing unit, nor the sealing was found to be tampered or broken at any stage. Thus, no adverse inference can legally be drawn against the petitioners. Further, it has directed the Corporation to resume the supply of the petitioners’ retail outlet within a period of one week from the date of the certified copy of this order. Read more
BOMBAY HIGH COURT
Bombay High Court directs MCGM to issue DRC in favour of Eversmile Construction Company
The Division Bench of G.S. Patel and Kamal Khata, JJ. directed Municipal Corporation of Greater Mumbai (‘MCGM’) to issue necessary Development Rights Certificate (‘DRC’) in favour of Eversmile Construction Company regarding land upon which, parts of the ramp and Sahar Elevated Road for approach, ingress and egress to Airport Terminal Building was constructed. Read more
Bombay High Court allows transfer of divorce case for diabetic wife required to travel 468 Km
In an application seeking transfer of divorce proceedings filed by husband for dissolution of marriage before a Nashik Family Court to the Civil Court in Jaysingpur, Abhay Ahuja, J. allowed wife’s application considering her diabetic condition and one way distance of 468 kilometres. Read more
Bombay High Court restrains enforcing anti-suit permanent injunction order passed by Singapore High Court; Applied three-pronged test
A suit was filed in the nature of an anti-enforcement action seeking an injunction to restrain the defendants from enforcing an anti-suit permanent injunction order passed by the High Court of Singapore restraining the plaintiff from proceeding with his petition filed against the defendants before the National Company Law Tribunal (NCLT), Mumbai, raising disputes pertaining to oppression and mismanagement. Manish Pitale J., granted the temporary injunction restraining enforcement of the anti-suit permanent injunction order as the plaintiff has made out all the three parameters of prime facie case, grave and irreparable loss and balance of convenience, for grant of temporary injunction to resist enforcement. Read more
BOMBAY HIGH COURT
Purpose of FEO Act cannot be bypassed by taking recourse to CrPC; Bombay High Court refuses relief to Mehul Choksi
A criminal application was filed by Mehul Choksi, a businessman, challenging the order dated 30-08-2019 passed by the Special Judge and seeking to dismiss the application preferred under Section 4 of the Fugitive Economic Offenders Act, 2018 (FEO Act). Sarang V Kotwal, J., rejected the application as there was no infirmity in the verification and all the requirements under Section 4 of the FEO Act and under Rule 3 of the FEO Rules are properly complied with in this case. Read more
Search after sunset, unexplained; Bombay High Court grants bail in NDPS case involving commercial quantity of ganja
In an application under Section 439 of Criminal Procedure Code, 1973 (‘CrPC’) filed by person facing trial for offences under Section 8(c) read with Sections 20(c) and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (‘NDPS Act’), particularly seeking bail on the ground of breach of Section 42 of NDPS Act, Anuja Prabhudessai, J. expressed doubt on the recovery of contraband and granted bail to the applicant. Read more
CALCUTTA HIGH COURT
Adibasi Kudmi Samaj’s indefinite protest by blocking railways and roadways “Illegal and unconstitutional”; Calcutta High Court directs State to ensure law and order
While passing an interim order in a case where an agitation is scheduled including blocking the movement of trains, many of which operate across state boundaries, a division bench comprising of T.S. Sivagnanam, CJ., and Hiranmay Bhattacharyya, J., held that the proposed indefinite protest by Adibasi Kudmi Samaj as illegal and unconstitutional. The Court stressed on the importance of maintaining public order and preventing disruptions to essential services and public life and directed the State Government to take appropriate measures to ensure law and order while sensitizing protesters about the proper channels for addressing their grievances. Read more
Stamp Duty assessment dispute leaves no room for third-party intervention: Calcutta High Court
While dismissing an application for the addition of the applicant as a necessary or proper party in a writ petition challenging the assessment of stamp duty, a single-judge bench comprising of Sabyasachi Bhattacharyya, J., held that the assessment of stamp duty primarily concerns revenue matters between authorities and the party depositing the stamp duty, with no inherent right for third-party involvement, therefore, there is no legal basis or necessity to add the applicant as a party to the writ petition. Read more
Calcutta High Court deems Arbitral Award void after termination of Arbitrator’s mandate under Section 29-A(4) of Arbitration and Conciliation Act, 1996
While dismissing the petitions seeking an extension of the arbitrator’s mandate to make and publish the awards under Section 29-A(4) of the Arbitration and Conciliation Act, 1996 (the Act), a single-bench comprising of Moushumi Bhattacharya,* J., held that Section 29-A(4) of the Act allows for the extension of the arbitrator’s mandate, but only while the mandate is still subsisting and once the mandate has terminated, this power cannot be invoked. The Court further held that once the specified timeframes under Section 29-A(1) or Section 29-A(3) expires, the mandate terminates, and no further extension is possible under Section 29-A(4). Read more
Calcutta High Court allows rally by 600 job aspirants on agreed-upon route; directs authorities to ensure security of protestors
In a case where the petitioner preferred an application under Article 226 of the Constitution of India seeking a direction from the Court to grant permission for a rally of job aspirants, a single-judge bench comprising of Jay Sengupta, J., granted permission to the petitioner to conduct the road-march on the agreed-upon route on 27-09-2023, subject to compliance with legal requirements and with the specified time limit. The respondent authorities were tasked with ensuring security and maintaining vigilance during the event. Read more
Abetment of Suicide| Quashing would result in miscarriage of justice as prima facie evidence supports trial: Calcutta High Court
While deciding a revision petition seeking the quashing of proceedings for offence of abetment of suicide, a single-judge bench comprising of Shampa Dutt (Paul),* J., held that “there is prima facie materials in this case against the petitioners to go to trial and quashing a case of such a nature will cause miscarriage of justice” Read more
CHATTISGARH HIGH COURT
In absence of examination of the party to a suit, facts deposed by the power of attorney holder cannot be relied upon: Chhattisgarh High Court
In a case wherein, an appeal was filed by the appellant-defendant against the judgment and decree dated 22-11-2016, whereby a specific performance suit was decreed in favour of the respondent-plaintiff, the Division Bench of Goutam Bhaduri* and Deepak Kumar Tiwari, JJ., opined that if during the trial of the suit, the respondent-plaintiff was not subjected to examination, the facts deposed by the power of attorney holder cannot be relied upon and accordingly set aside the judgement and decree passed by the Trial Court. Read more
DELHI HIGH COURT
‘Post of Public Prosecutor is an integral part of criminal court system’; Delhi High Court directs Government of Delhi to conduct training of newly recruited public prosecutors
In a case which was inherently for the revision of pay scales of Assistant Public Prosecutors, the Division Bench of Satish Chandra Sharma, C.J. and Sanjeev Narula, J., directed Government of Delhi to coordinate with Delhi Judicial Academy to conduct training of the newly recruited public prosecutors, and file a status report regarding the implementation of direction regarding training programmes, and the latest position of vacancies in respect of public prosecutors. A letter dated 13-09-2023 issued by the Government of India to Anil Soni, Central Government Standing Counsel, was brought to the notice of this Court by Chetan Sharma, ASG, informing that the matter in respect of revision of pay scales of Assistant Public Prosecutors was under active consideration of Ministry of Home Affairs, Government of India. Further it was stated that the Union of India had requested the Chief Secretary, Government of Delhi to provide ‘total financial implication’ for revision of pay scales of Assistant Public Prosecutors working under the Directorate of Prosecution, Government of Delhi, as per their proposal. Read more
Delhi High Court issues orders for Meta, Telegram to prevent copyright infringement of Jawan film
In an application moved by Red Chillies Entertainment after identification of particular person’s indulgence in unauthorized circulation of copyrighted content of film ‘Jawan’ through WhatsApp, seeking extension of directions in the interim order dated 25-04-2023 to the said person as well as Meta Platforms controlling WhatsApp regarding disablement of specific chat groups within India and beyond, Telegram accounts/groups/channels, and other non-compliant websites infringing their rights, C. Hari Shankar, J. issued several directions for Meta Platforms, Telegram and other websites to prevent infringement of copyright related to the cinematographic film ‘Jawan’. Read more
Delhi High Court denies bail to alleged terrorist on conditions under Section 43D (5) UAPA being satisfied
An appeal was filed under Section 21(4) of the National Investigation Agency Act, 2008 (NIA Act) read with Section 43-D(5) of the Unlawful Activities Prevention Act, 1967 (UAPA) seeking to set aside the impugned order dated 18-05-2023 passed by the Additional Sessions Judge, Patiala House Courts, New Delhi wherein grant of regular bail was dismissed. A division bench of Siddharth Mridul and Anish Dayal held that at this stage when the charges are yet to be framed, and considering the nature of the offence that the appellant has been accused of, which involved being in the knowledge and the possession of arms, ammunition and serious explosives, with motive to trigger a terrorist activity, it would be difficult to reach a conclusion that the accused would be entitled to be released on regular bail, at this stage. Read more
Family Court cannot grant divorce on the ground of irretrievable breakdown of marriage: Delhi High Court
In a case wherein the wife-appellant challenged the common order and judgment dated 18-09-2018 passed by the Family Court, Dwarka, New Delhi (‘Family Court’), whereby the petition filed by the husband-respondent under Sections 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955 (‘HMA’) seeking divorce on the ground of cruelty and desertion had been allowed, the Division Bench of Sanjeev Sachdeva* and Vikas Mahajan, JJ., opined that the power to grant divorce on the ground of irretrievable breakdown of marriage was exercised by the Supreme Court under Article 142 of the Constitution to do complete justice to both the parties and such a power was not vested in the High Courts leave alone the Family Courts. The Court held that in the present case, the Family Court had erred in travelling beyond the scope of its powers to grant divorce. Thus, the impugned judgment dated 18-09-2018 granting divorce on the ground of cruelty and breakdown of marriage was set aside. Read more
Right to choose life partner cannot be affected by matters of faith, belief, and religion: Delhi High Court
In a case wherein petition was filed under Article 226 of the Constitution read with Section 482 of Criminal Procedure Code, 1973 seeking issuance of directions to Respondents 1 and 2 to provide protection against life and liberty threats given by Respondents 3 and 4, parents of Petitioner 1, Saurabh Banerjee, J., opined that it is not for the State or the society or even the parents of the parties involved to, in any way, dictate the choice of life partner of a person or curtain and limit such rights of an individual when it involves two consenting adults. The Court allowed the petition and directed that the contact number of the Beat Constable concerned and the SHO concerned shall be provided to the petitioners, and they shall be free to call or get in touch with either of them, as and when the need so arises. Read more
‘Post of Public Prosecutor is an integral part of criminal court system’; Delhi High Court directs Government of Delhi to conduct training of newly recruited public prosecutors
In a case which was inherently for the revision of pay scales of Assistant Public Prosecutors, the Division Bench of Satish Chandra Sharma, C.J. and Sanjeev Narula, J., directed Government of Delhi to coordinate with Delhi Judicial Academy to conduct training of the newly recruited public prosecutors, and file a status report regarding the implementation of direction regarding training programmes, and the latest position of vacancies in respect of public prosecutors. A letter dated 13-09-2023 issued by the Government of India to Anil Soni, Central Government Standing Counsel, was brought to the notice of this Court by Chetan Sharma, ASG, informing that the matter in respect of revision of pay scales of Assistant Public Prosecutors was under active consideration of Ministry of Home Affairs, Government of India. Further it was stated that the Union of India had requested the Chief Secretary, Government of Delhi to provide ‘total financial implication’ for revision of pay scales of Assistant Public Prosecutors working under the Directorate of Prosecution, Government of Delhi, as per their proposal. Read more
Depositing award amount for withdrawal with due notice to the decree holder is sufficient to discharge onus on the judgment debtor: Delhi High Court
In a case wherein, the execution petitions were filed under Section 36 of the Arbitration and Conciliation Act, 1996 (‘the Act’) read with Order XXI Rule 1 of the Civil Procedure Code, 1908 (‘CPC’), to seek enforcement of common award dated 29-7-2020 passed by the Arbitral Tribunal, Manoj Kumar Ohri J.*, opined that the award amount along with the interest at the awarded rate calculated till 19-5-2021, and the interest accrued on the deposit being kept in the form of Fixed Deposit Receipt (‘FDR’) had already been withdrawn by the decree holder and accordingly disposed of the present petition. Read more
‘Supervisory or regulatory authority over trade mark agents and patent agents appears to be the need of the hour’; Delhi High Court observes
The prayer in the writ petition was to restore petitioner’s patent application titled “Blind-Stitch Sewing Machine and Method of Blind Stitching”, Prathiba M. Singh, J.*, opined that such patent agents have a responsibility to adhere to deadlines as prescribed in the Act and the Rules and file their pleadings and attend to the matters diligently. The Court thus directed Nidhi Raman, CGSC to obtain instructions as to the manner in which the office of the Controller General of Patents, Designs, and Trade Marks (‘CGPDTM’) intended to regulate or supervise the functioning of trade mark agents and patent agents. Read more
Delhi High Court: Mere inadvertent mentioning or non-mentioning of surname in caste certificate cannot be labeled as impersonation or furnishing of false information
A petition was filed impugning the way the Indian Coast Guard (respondents) have rejected his candidature on the ground of mismatch appearing in the online details and the documents furnished by him physically and seeks a direction for them to induct him in subsequent batch 02/2023, division bench of Sanjeev Sachdeva and Manoj Jain, JJ., quashed the impugned order and held that the decision of the respondents in declaring the petitioner as failed in stage — II cannot be sustained. Read more
Overloading includes “unauthorised use of electricity” under Electricity Act; Delhi High Court reiterates
A petition was filed under Article 226 of the Constitution of India assailing an order dated 02-05-2017 passed by the Electricity Consumer Grievances Redressal Forum, New Delhi on an application filed by New Delhi Municipal Council (NDMC) seeking payment of usage of electricity over the sanctioned amount. Prateek Jalan, J., sets aside the impugned order for being erroneously concluded. However, NDMC’s claim relates to the year 2015, therefore, instead of remanding the matter to the Forum at this stage, the writ petition is disposed of with the direction that NDMC may issue a provisional assessment order under Section 126(1) of the Act and thereafter follow the scheme of Section 126 to determine the liability of the respondent, if any. Read more
Delhi HC grants permanent injunction to Living Media India Ltd. for its mark “Aaj Tak”; restrains YouTube channels, social media pages/accounts/handles from using similar mark
In a case wherein Plaintiff 1’s “Aaj Tak” mark was being infringed by various YouTube channels, websites, Facebook and Instagram pages, C. Hari Shankar, J.*, granted permanent injunction, restraining Defendants 1 to 14 and Defendants 20 to 30 from using any mark which was confusingly or deceptively similar to the mark “AAJ TAK” of the plaintiffs, either as a word mark or as a logo, or any other mark which was confusingly similar to the plaintiff’s marks. The Court further directed Defendants 15 to 19 to take down the websites/social media pages in which the infringing mark appeared. Read more
A frivolous PIL wasting precious judicial time; Delhi High Court dismisses PIL highlighting issues regarding use of EVs in India
In a PIL filed by an advocate under Article 226 highlighting various issues pertaining to the use of electric vehicles (EVs) in the country, a division bench of Satish Chandra Sharma and Subramonium Prasad, JJ., dismissed the petition stating that the issues raised by the petitioner in the instant PIL have already been addressed through relevant statutes, rules and notifications. Read more
[LPG Cylinders Tender] Delhi HC upholds restriction to prevent single entity with common ownership from submitting multiple bids and monopolizing the market
In a case wherein five inter-connected petitions were filed to challenge the eligibility criteria enumerated in the Notice Inviting Tenders (‘NITs’) floated by the three leading Oil Marketing Companies (‘OMCs’), namely, Hindustan Petroleum Corporation Limited (‘HPCL’), Bharat Petroleum Corporation Limited (‘BPCL’), and Indian Oil Corporation Limited (‘IOCL’) and the petitioners’ grievance was that the eligibility conditions unduly curtailed the capacity of each manufacturing unit owned by them, to independently participate in the tender process, the Division Bench of Satish Chandra Sharma, C.J., and Sanjeev Narula, J.*, opined that in the present case, the ‘conflict of interest’ clause did seem to have a rational basis rooted in the realities of the LPG cylinder market and given the overarching objective of equitable distribution in the face of plummeting demand, the introduction of the impugned clause did not appear to be arbitrary or unreasonable. Instead, it was a calibrated measure to adapt to the changing dynamics of the market while ensuring fairness and broad-based participation. The Court thus dismissed the petitions and held that the challenges faced by the petitioners in adapting to these changes did not constitute sufficient grounds for this Court to intervene in the matter. Read more
Delhi High Court grants permanent injunction to Pernod Ricard India for its packaging/label/get-up under the mark ‘Imperial Blue’
In a case wherein the plaintiff, Pernod Ricard India (P) Ltd, filed a suit seeking permanent injunction against the defendants for its product ‘Imperial Blue’ whiskey, Prathiba M. Singh, J.*, granted permanent injunction, thereby restraining the defendants from manufacturing, selling, offering for sale, advertising or in any other manner using the impugned ‘Imperial VAT No. 1′ product label, packaging, get up and trade dress, including the shape of the bottle or any other packaging or label which was deceptive, or imitative of the plaintiff’s packaging/label/get up under the mark ‘Imperial Blue’.
Deprivation of conjugal rights for more than 18 years amounts to mental cruelty: Delhi High Court upholds divorce
In a case wherein the appeal was filed by the appellant-wife against the judgment and decree dated 24-01-2018, whereby divorce was granted to the respondent-husband on the ground of cruelty and desertion under Sections 13(1)(ia) and 13(1)(ib) of the Hindu Marriage Act, 1955 (‘the Act’), the Division Bench of Suresh Kumar Kait and Neena Bansal Krishna, JJ.*, concurred with the Family Court’s decision that the wife’s conduct towards the husband amounted to cruelty which entitled him to the decree of divorce under Section 13(1)(ia) of the Act, and thus disposed of the appeal. Read more
‘Consequences of cyber-crimes go beyond individual boundaries, impact unsuspecting victims’: Delhi High Court refuses to quash FIR against a man accused of hacking mobile
In a case wherein, the petitioner filed a writ petition under Article 226 of the Constitution read with Section 482 of the Criminal Procedure Code, 1973 (‘CrPC’) to seek direction for quashing of FIR registered under Section 420 of the Penal Code, 1860, Swarana Kanta Sharma, J.* after considering the nature and modus operandi adopted by the petitioner towards the commission of a cyber fraud, and the possibility of more victims having fallen prey to such cyber fraud for which investigation was being carried out by the investigating agency, held that this Court did not deem it appropriate to quash the present FIR, as the investigation was not yet complete and chargesheet had not yet been prepared and filed. Read more
Delhi High Court restrains fraudulent websites from using ‘Burger King’ mark under the garb of issuing franchise
In a case wherein the plaintiff, Burger King Corpn. filed a suit to seek protection of its marks ‘BURGER KING’ and also the Crescent Logo Design and Hamburger Refresh Design Logo from the defendants who were offering fake franchises under the trade mark ’Burger King‘ to unsuspecting persons, and duping them of large sums of money, Prathiba M. Singh, J.*, opined that there was a need to take stringent action as the application revealed that there was misuse of the domain names. The Court observed that all the domain names and websites, and the bank accounts which were operated through these domain names, were being used to fraudulently collect money under the plaintiff’ name by misusing the plaintiff’s brand and marks. The Court thus deemed it appropriate to extend the injunction of May 2022 to cover these domain names as there was an urgent need to stop any further amounts being received in these fraudulent bank accounts. Read more
GUJARAT HIGH COURT
Gujarat HC upholds husband’s conviction for murdering wife with a hammer
In a criminal appeal under Section 374 of the Code of Criminal Procedure, 1973 (‘CrPC’) against the Judgment and Order Additional Sessions Judge, whereby, the convict was convicted for the offence punishable under Section 302 of the Penal Code, 1860 (‘IPC’) and sentenced to undergo life imprisonment, the Division Bench of A.S. Supehia and M.R. Mengdey*, JJ. dismissed the appeal for being devoid of merits and upheld life sentence granted by Additional Sessions Judge. Read more
Benefit under Vera Samadhan Yojana-2019 cannot be denied due to erroneous figures in Intimation letter of tax assessment: Gujarat HC
In a petition under Article 226 of the Constitution of India, seeking a writ of mandamus to direct the respondents to grant benefit of the Vera Samadhan Yojana-2019 to the Planet Automotive Pvt. Ltd. (‘petitioner’), the division Bench of Biren Vaishnav and Bhargav D. Karia*, JJ. allowed the petition and directed the respondents to extend the benefit of the Vera Samadhan Yojana-2019 to the petitioner. Read more
Gujarat HC sets aside orders for Juvenile’s trial as an adult; directs JJ Board to conduct fresh preliminary assessment
In a criminal revision application under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (‘JJ Act’) against the Order of Appellate Court, Vadodara and Juvenile Justice Board, Vadodara (‘JJ Board’), whereby it was declared that the juvenile delinquent in the present matter should be tried as an adult in the Children’s Court, Gita Gopi, J. allowed the revision application and set aside the impugned orders for not finding judicious reasons and explanation in the preliminary assessment of the juvenile delinquent for trying him as an adult. Read more
JAMMU AND KASHMIR AND LADAKH HIGH COURT
Opening/retaining history sheets, which interferes with right to privacy, should be done adhering to parameters inbuilt in the Police Rules: J&K and Ladakh HC
While considering the instant matter wherein the petitioner sought the quashment of Verification of Character and Antecedents Certificate by the Sub-Divisional Police Officer, Mahore describing him as a history sheeter as being under surveillance; the bench of M.A. Chowdhary, J.*, allowed the petition finding that the local police just on the basis of registration of five cases for a period of over eight years against the petitioner, had concluded that he is an habitual offender and is required to be kept in surveillance, and the history sheet was opened at Police Station, Mahore. The Court stated that opening or retention of history sheets, which interferes with the right to privacy of a person, should be done strictly, adhering to parameters inbuilt in the police rules, keeping in mind the object sought to be achieved. Read more
Trial Court must not issue process in a mechanical manner by simply filling the blank spaces in the printed proforma: J&K and Ladakh HC
In deliberating over the instant petition wherein the petitioner sought quashment of complaint in which process was issued against the petitioner for commission of offence under S. 138 N.I. Act and pending before the Trial Court, on the ground that the impugned complaint and the affidavit in support of the impugned complaint was not signed by the complainant/respondent; the bench of Rajnesh Oswal, J.*, took strict note of a contention raised by the petitioner that the Trial Magistrate had issued the process by filling the blanks of the printed proforma for issuing the process against petitioner. Read more
J&K and Ladakh HC awards compensation of 20 Lakhs to a 14-year-old boy who suffered 100% disability on being electrocuted by unattended transformer
While considering the instant petition seeking compensation of Rs. 20 Lakhs on account of permanent disability suffered by a boy of 14 years who was electrocuted due to alleged negligence by the respondents; the Bench of M.A. Chowdhary, J.*, stated that the respondent’s contention that the petitioner was himself negligent cannot be simply accepted, for the reason that a person of such a tender age of 13/14 years cannot be expected to have contributed to the unfortunate electrocution. Noting that the petitioner suffered 100% disability due to this tragic accident and having regard to the age of the petitioner, the Court awarded him monetary compensation of Rs.19,96,000 which was rounded off to Rs. 20,00,000. The petitioner was also held to be entitled to simple interest at 6% per annum from the respondents on the aforesaid amount of Rs.20,00,000 from the date of filing of the writ petition till its realization. Read more
JHARKHAND HIGH COURT
Jharkhand High Court directs State Govt to upload all previous orders of internet suspension on the official website within 48 hours
In a petition for Public Interest Litigation (‘PIL’) challenging the action of State authorities suspending internet services in Jharkhand seeking directions and production of proceedings leading to such decision, the Division Bench of Sanjaya Kumar Mishra, C.J. and Ananda Sen, J. directed the State to follow Supreme Court’s directions in Anuradha Bhasin v. Union of India, (2020) 3 SCC 637 and Media Professionals v. State (UT OF J&K), (2020) 5 SCC 746, and upload all previous orders regarding suspension of internet services in the State within 48 hours on the State Government website. Read more
KERALA HIGH COURT
DNA tests cannot be resorted to for clearing suspicion regarding paternity: Kerala High Court
An application seeking to conduct DNA test for paternity was dismissed by A. Badharudeen, J. while holding that in the absence of specific denial of paternity of the child, DNA tests cannot be resorted to for clearing a suspicion regarding a child’s paternity.Read more
MADHYA PRADESH HIGH COURT
Madhya Pradesh High Court allows transfer of Contractual Employees for administrative reasons under special circumstances
While deciding a petition filed under Article 226 of the Constitution of India against an order issued by the Joint Commissioner (Administration) of the M.P. Day State Rural Livelihood Mission, Bhopal, transferring the petitioner from District Anuppur to District Chhindwara, a single-judge bench comprising of G.S. Ahluwalia, J., upheld the petitioner’s transfer, citing the contractual agreement allowing for transfers and administrative grounds. However, the Court directed the state to reassess the transfer’s necessity, providing conditional relief to the petitioner based on the outcome of this assessment. Read more
Contractual employment not enforceable when contract lacks statutory governance: Madhya Pradesh High Court
In a case related to reinstatement of service with all consequential benefits where appointment was initially for a period of one-year, a single-judge bench comprising of Maninder S. Bhatti, J. observed that contracts for personal service are not specifically enforceable when they are purely contractual and lack statutory governance and held that the petitioner’s termination was justifiable under the terms of the contract and applicable law. Read more
MADRAS HIGH COURT
Decoding Madras High Court verdict on right of detenu to make effective representation against preventive detention order
In two habeas corpus petitions (‘HCPs’) praying to call for the records in connection with the detention orders passed by the District Collector and to quash them and direct the respondents to produce the detenus before this Court and set him at liberty, the division bench of M. Sundar* and R. Sakthivel, JJ. while setting aside both the preventive detention orders, directed the authorities to set the detenus at liberty. Read more
Authorities can prevent manufacturing, selling or immersion of idols made of plaster of paris: Madras High Court
In an appeal filed by the District Collector and police (appellants) against the order dated 16-09-2023 passed by the Single judge, wherein it was held that the respondent cannot be prevented from manufacturing or selling the idols using plaster of paris as the guidelines will be only regarding immersion of idols, the division bench of S.S. Sundar and D. Bharatha Chakravarthy while ordering an interim stay on the impugned order, said that the appellants may take appropriate action against anyone to prevent manufacturing, selling or immersion of idols made of plaster of paris or plastics etc. in adherence to the revised guidelines. Read more
Madras HC issues notice to NIA over filing petition seeking extension of remand order under UAPA at the “eleventh hour”
While considering the instant appeal filed under S. 21(1) of the National Investigation Agency Act, 2008 challenging the extension of remand order issued by NIA Special Court under S. 43D (2)(b) First Proviso of UAPA Act; the Division Bench of M. Sundar* and R. Sakthivel, JJ., issued notice to the respondent, which was accepted by the Special Public Prosecutor for the NIA cases. Read more
ORISSA HIGH COURT
Orissa High Court holds Daman Pratirodha Mancha to be an unlawful association as activities are akin and identical to Naxalite movements
In a petition under Section 226 of the Constitution of India, filed by the Daman Pratirodha Mancha (‘association’) assailing State of Odisha’s notification dated 20-06-2006, whereby it was declared that the association was an unlawful association, the Division Bench of B.R. Sarangi* and Murahari Sri Raman, JJ. dismissed the petition and refused to interfere with the impugned notification. The Bench said that by inciting the innocent tribals and other weaker sections of the society to take to violence, affecting law and order situation against the Government, thus, the activities of the association fell within the definition of Section 15(2) of the Criminal Law Amendment Act, 1908 (‘Amendment Act’). Read more
Orissa HC acquits rape convict for lack of evidence and consensual relationship; desists two-finger test
In a jail criminal appeal against the Judgment of Assistant Sessions Judge, whereby the convict was held guilty of offence under Section 366 read with Section 376 of the Penal Code, 1860 (‘IPC’) and sentenced to undergo rigorous imprisonment for seven years, S.K. Sahoo, J. allowed the appeal and acquitted the convict of the said offences. The Court also reiterated that medical professionals should desist from two- finger test in the private part of the victim while conducting medical examination on the victims of rape and sexual assault cases, as the test violates the right to privacy, physical and mental integrity and dignity and hence, not at all permissible under the law. Read more
PATNA HIGH COURT
‘Not violative of Articles 19(1)(g), 300-A of Constitution’; Patna High Court upholds constitutionality of Section 16(4) of CGST Act, 2017 and BGST Act, 2017
In a case wherein number of writ applications were filed under Article 226 of the Constitution to challenge the constitutional validity of the Section 16(4) of the Central Goods and Services Tax Act, 2017 (‘CGST Act’) and Section 16(4) of the Bihar Goods and Services Tax Act, 2017 (‘BGST Act’) which deny entitlement of Input Tax Credit (‘ITC’) in respect of any invoice or debit note for supply of goods or services or both after due date of furnishing of returns under Section 39 of the CGST Act and BGST Act, the Division bench of Chakradhari Sharan Singh* and Madhuresh Prasad, JJ., opined that the language of Section 16 of the CGST/BGST Act suffered from no ambiguity and clearly stipulated grant of ITC subject to the conditions and restrictions put thereunder. Thus, the Court held that Section 16(4) of the CGST/BGST Act were constitutionally valid and were not violative of Articles 19(1)(g) and Article 300-A of the Constitution and were also not inconsistent with or in derogation of any of the fundamental rights guaranteed under the Constitution. Read more
PUNJAB AND HARYANA HIGH COURT
Punjab and Haryana High Court reprimands couple seeking police protection for live-in relationship without divorce; imposes cost for abuse of process of law
In a petition seeking appropriate directions to the Police authorities for protecting the life and liberty of the petitioners at the hands of private respondents, Alok Jain, J. the Court reprimanded the live-in couple who were married to others and went forward with the ‘abuse of process of law’ by seeking police protection alleging vague threat perception. Read more
SIKKIM HIGH COURT
Any unit undergoing relocation, expansion, change of ownership, will not be eligible under Budgetary Support Scheme: Sikkim High Court
In a case wherein the petitioners, Zydus Wellness Products Ltd. and Alkem Laboratories Ltd. filed petitions to consider them under the Budgetary Support Scheme extended by the Central Government in the areas of Sikkim, Bhaskar Raj Pradhan, J.*, agreed with the respondents’ submissions that the petitioners were not ‘eligible units’ as defined under the budgetary scheme. The Court observed that the intention of the Government of India in providing the Budgetary Support Scheme was to support those ‘eligible units’ for the ‘residual period’ of commercial production during which they would have been eligible to avail exemption for the specified goods under exemption notification in recognition of the hardship arising due to its withdrawal. Thus, the Court held that neither Zydus Wellness Products Ltd. nor Alkem Laboratories Ltd. could legally claim that they were entitled to the exemption under Notification No. 20/2007-CE dated 25-04-2007 (‘exemption notification’) as they did not exist earlie. Read more
UTTARANCHAL HIGH COURT
Uttaranchal High Court takes suo motu cognizance of Virat Kohli’s video addressing issue of deprivation of rights of children to play outdoor sports in their localities
In a case wherein the Court took Suo Motu cognizance after it came across a video in which Indian Cricketer Virat Kohli was conveying the message and importance of playing sports at young age, the Division bench of Vipin Sanghi, C.J., and Rakesh Thapliyal, J., opined that the State should also reconsider their policy of
developing or permitting the development of parks and lawns in colonies/localities, and public parks, for ornamental purposes, at the cost of denying open spaces and playgrounds to children and youth for pursuing outdoor sporting activities. The Court thus directed Union of India and the State to file their respective responses on the issues raised in the present case. Read more
