ALLAHABAD HIGH COURT
Decoding Allahabad High Court verdict on applicability of doctrine of severability on arbitral awards
In an appeal filed under Section 13 of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 read with Section 37 of the Arbitration and Conciliation Act, 1996 (‘the Act’) challenging the order of the Commercial Court, wherein the Court has set aside the Arbitral Award dated 15-12-2014, by the Sole Arbitrator, the division bench of Manoj Kumar Gupta* and Vikram D. Chauhan, JJ. has upheld the finding of the Commercial Court that by awarding damages during the period of suspension, the arbitral tribunal had tried to rewrite the terms of contract between the parties. The Court further upheld the finding of Commercial Court that economic duress had no role in the bargain, and the findings of the Arbitral Tribunal were based on conjectures and surmises, without any material on record to sustain such findings, resulting in a patent illegality, warranting interference under Section 34 of the Act.
[Hindustan Steelworks Construction Limited v New Okhla Industrial Development Authority, Order dated 22-09-2023]
‘Blacklisting Orders passed for an indefinite period not permissible under law’: Allahabad HC sets out contents for notice
In a writ petition challenging the illegality, propriety and correctness of the order dated 26-8-2023 passed by the Chief Engineer, Agra Development Authority, whereby the petitioner has been blacklisted and debarred from participating in any future tender-contract of the Agra Development Authority, the division bench of Pritinker Diwaker, CJ. and Ashutosh Srivastava, J., has set aside the impugned order, as the orders of blacklisting have been passed for an indefinite period which is not permissible under the law. Further, it said that a notice for blacklisting is required to specify as to what would be the consequence if the noticee does not satisfactorily meet the grounds on which the action is proposed.
[Baba Construction Pvt.Ltd v State of U.P., Order dated 20-09-2023]
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.
[Aliganj Kisan Seva Kendra v. Indian Oil Corpn. Ltd., 2023 SCC OnLine All 821]
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.
[Rakesh Kumar Keshari v. Union of India, 2023 SCC OnLine All 841]
[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.
[Razia v. State of U.P., 2023 SCC OnLine All 795]
[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.
[In Re v. Bar Council of U.P., 2023 SCC OnLine All 826]
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.
[Krishna Kumar v. State of U.P., 2023 SCC OnLine All 645]
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.
[Ram Kumar v. State of U.P., 2023 SCC OnLine All 739]
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.
[Adnan v. State of U.P., 2023 SCC OnLine All 778]
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.
[Paltoo Ram Yadav v. State of U.P., 2023 SCC OnLine All 646]
ANDHRA PRADESH HIGH COURT
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.
[K.V. Srinivasulu Naidu v. V. Bhaskar, 2023 SCC OnLine AP 1838]
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.
[Punna Ramanasri v. Thummuru Bala Raja Sekhara Reddy, 2023 SCC OnLine AP 1833]
BOMBAY HIGH COURT
COFEPOSA Act | ‘Inordinate delay of 30 years’ compels Bombay High Court to quash 1993 detention order
In a petition challenging detention order passed by the Joint Secretary to the Government of India on 17-05-1993 in exercise of powers conferred under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (‘COFEPOSA Act’), and the orders of the Under Secretary confirming the same in exercise of powers conferred under Section 8(f) of the COFEPOSA Act with directions for detention of the petitioner for 1 year from the date of his detention (28-02-2023), the Division Bench of Revati Mohite Dere and Gauri Godse*, JJ. quashed the said detention order due to unexplained and inordinate delay in execution of detention order.
[Abdul Rasheed v. Enforcement Directorate, decided on 27-09-2023]
[Unstamped Arbitration Agreement] Bombay High Court fixes deficiency of stamp duty and penalty
In an application filed under Section 11 of Arbitration and Conciliation Act, 1996 (‘A&C Act’) seeking appointment of an arbitrator based on arbitration clause in ‘Employee Non-Disclosure and Non-Solicitation Agreement’, executed between the parties on 15-11-2021 sought to be decided for stamp duty, Manish Pitale, J. finalized the stamp duty and penalty payable at Rs 144 and issued directions for the authorities as well as appellant.
[John Cockerill India Limited v. Sanjay Kamalakar Navare, Order dated 12-09-2023]
Object of Senior Citizens Act, 2007 to ensure parents are not deprived of own properties at the instance of their children: Bombay High Court
In a petition challenging order dated 12-04-2022 passed by the Maintenance Tribunal under the provisions of Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (‘Senior Citizens Act’), Sandeep V. Marne, J. upheld the decision of Tribunal declaring the two gift deeds in favour of younger son as null and void and granting access to the mother to her bungalow.
[Ashwin Bharat Khater Adult v. Urvashi Bharat Khater Adult, 2023 SCC OnLine Bom 1921]
Bombay High Court rules on the locus standi of Gaushala, custodian of seized cattle under Prevention of Cruelty to Animals Act, 1960
A petition was filed challenging the order dated 02-09-2023 passed by the Additional Sessions Judge, Satara, in a Criminal Revision Application filed by respondent 2 and thereby directed interim custody of the 18 buffaloes seized in a criminal case registered with Lonand police station to be handed over to the Respondent 2 on his executing an indemnity bond. Sarang V Kotwal, J., sets aside the order dated 02-09-2023 passed by the learned Additional Sessions Judge, Satara, in Criminal Revision Application and remanded the matter back on the file of the Additional Sessions Judge, Satara, for fresh consideration.
[Jayvant Vrundavan Gopalan Gosanvardhan Sanstha v. State of Maharashtra, 2023 SCC OnLine Bom 2027]
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.
[Eversmile Construction Company v. Municipal Corporation of Greater Mumbai, Order dated 13-09-2023]
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.
[Priyanka Rahul Patil v. Rahul Ravindra Patil, 2023 SCC OnLine Bom 1982]
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.
[Anupam Mittal v People Interactive Pvt Ltd.]
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.
[Cosmos Constructions v. Municipal Corpn., 2023 SCC OnLine Bom 1858]
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.
[Suo Motu Public Interest Litigation, dated 28-08-2023]
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.
[Chanda Ram Shivsharan v. State of Maharashtra, 2023 SCC OnLine Bom 1895]
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.
[K.E. Salvage Corpn. v. Official Liquidator, 2023 SCC OnLine Bom 1801]
CALCUTTA HIGH COURT
[Motor Accident Claims] Calcutta High Court enhances compensation due to extensive medical treatment and victim’s permanent disability
In an appeal for enhancement of compensation for non-pecuniary damages and medical expenses, a single-judge bench comprising of Ajay Kumar Gupta,* J., awarded Rs. 1 lakh for medical expenses and an additional Rs. 1 lakh for pain, suffering, trauma, and loss of life expectations to the victim-appellant. Therefore, the total enhanced compensation amount awarded to the victim was Rs. 2,00,000/-.
[Ajit Kumar Karjee v. Oriental Ins. Co. Ltd., Order dated 29-09-2023]
Calcutta High Court enhances compensation in motor accident claims case
In an appeal for enhancement of compensation under Motor Vehicles Act, 1988 (the Act), a single-judge bench comprising of Ajay Kumar Gupta,* J., assessed the compensation based on principles laid down by the Supreme Court, granting additional compensation of Rs. 2,47,200/ for various heads. The Court also ordered interest to be paid from the date of filing the claim application.
[Sibani Parui v. National Insurance Co. Ltd., Order dated 26-09-2023]
Agreement/Settlement cannot override statutory Gratuity payment obligations under Payment of Gratuity Act, 1972: Calcutta High Court
In a case related to payment of outstanding gratuity with interest under the Payment of Gratuity Act, 1972, a single-judge bench comprising of Raja Basu Chowdhury,* J., held that gratuity should be paid in accordance with the Payment of Gratuity Act, 1972 and the West Bengal Cooperative Societies Act, 2006. The Court stated that the agreement between the petitioner and the employees’ association, which set a lower limit for gratuity payment than stipulated by the Act, was not valid and could not override the provisions of the Payment of Gratuity Act.
[Burdwan Co-operative Agriculture & Rural Development Bank Ltd. v. State of W.B., Order dated 25-09-2023]
Outraging the Modesty of a Woman| Ultimate test is if the act is capable of shocking the sense of decency of a woman: Calcutta High Court
In a case related to outraging the modesty of a women initiated against the petitioner solely to harass and humiliate him due to his political affiliations, a single-judge bench comprising of Shampa Dutt (Paul),* J., held that “the ultimate test to ascertain if the modesty of a woman has been outraged, is that the action of the offender should be such that it may be perceived as one which is capable of shocking the sense of decency of a woman.”
[Sabyasachi Dutta v. State of W.B., Order dated 25-09-2023]
Calcutta High Court quashes WBSEDCL’s Office Order on worksite safety and blacklisting; Prohibits WBSEDCL from penalising Contractors until Report Submission
While deciding a matter where the contractors had challenged certain Office Orders issued by WBSEDCL, which withhold work from contractors if there is an accident due to improper shutdown at the work sites where the contractors’ laborers are working for WBSEDCL, a single-judge bench comprising of Sabyasachi Bhattacharyya,* J., set aside the impugned Office Order and restrained WBSEDCL from taking penal action against contractors until the committee’s report is submitted.
[Nihar Kanti Rakshit v. State of W.B., Order dated 25-09-2023]
High Tension line installation not a property “acquisition” to attract rigours of Article 30(1A) of Constitution of India: Calcutta High Court
In a writ petition against the West Bengal State Electricity Transmission Co. Ltd. (WBSETCL) where the petitioners contended the violation of Article 30(1A) of the Constitution of India due to installation of a High-Tension overhead line over the property to set up and run an educational institution for religious minorities and weaker sections of society, a single-judge bench comprising of Sabyasachi Bhattacharyya,* J., held that the installation of the High-Tension line does not constitute property acquisition under Article 30(1A) of the Constitution of India and dismissed the petition, while allowing the petitioners to seek compensation through the appropriate legal channels.
[St. Mary’s Technological Foundation v. W.B. State Electricity Transmission Co. Ltd., Order dated 25-09-2023]
Calcutta High Court upholds West Bengal Housing Board’s autonomy; invalidates State’s regulation of service conditions of Board’s employees
In a writ petitions involving ex-employees of the West Bengal Housing Board (the Board) seeking reliefs related to their retirement benefits and service conditions, a single-judge bench comprising of Hiranmay Bhattacharyya,* J., held that the State Government did not have the authority to issue directions on service conditions. The Court set aside the orders and directions issued by the Finance Department and Housing Department and instructed the authorities to recalculate the retiral benefits of the petitioners based on the last pay structure, including MCAS benefits.
[Sital Kumar Biswas v. State of W.B., Order dated 25-09-2023]
Calcutta High Court expunges aspersions casted against CID without apparent basis in a financial scam case; upholds transfer of investigation
While deciding an appeal against two orders by a Single Judge in a writ petition related to a financial scam, a Division bench comprising of Sabyasachi Bhattacharyya* and Uday Kumar, JJ., upheld the Single Judge’s jurisdiction, rejected the argument against intervening after the charge-sheet, and found the orders to transfer the investigation justified. The Court set aside the imposed cost on CID, and baseless aspersions cast against CID were removed from the order.
[State of W.B. v. Kalpana Das Sarkar, Order dated 21-09-2023]
Calcutta High Court grants stay on constitution of “High-Level Enquiry Committee” pending appeal in Arbitration case
While deciding an appeal against the order of Single Judge granting an unconditional stay of the arbitral award, a Division bench comprising of I. P. Mukerji and Biswaroop Chowdhury, JJ., stayed the direction for the constitution of a “multi-member high-level enquiry committee” until the appeal’s disposal or until further orders, whichever came earlier.
[Rashmi Metaliks Ltd. v. Union of India, Order dated 18-09-2023]
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.
[Purulia Chamber of Trade & Industry v. State of W.B., 2023 SCC OnLine Cal 2962]
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.
[Millennium Projects (P) Ltd. v. State of W.B., order dated 01-09-2023]
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).
[Rohan Builders (India) (P) Ltd. v. Berger Paints India Ltd., order dated 04-09-2023]
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.
[Swarup Poddar v. Council for the Indian School Certificate Examinations, 2023 SCC OnLine Cal 2767]
‘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.
[Yeasin Molla v. Union of India, 2023 SCC OnLine Cal 2756]
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.
[Ruhul v. State of W.B., 2023 SCC OnLine Cal 2691]
“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.
[Paramita Bera v. Union of India, 2023 SCC OnLine Cal 2754]
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.
[W.B. Financial Corpn. v. State of W.B., 2023 SCC OnLine Cal 2652]
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.”
[Samsuddin Sk. v. State of W.B., 2023 SCC OnLine Cal 2667]
[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.”
[Ajoy Mudi v. State of W.B., 2023 SCC OnLine Cal 2636]
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.
[Sreeniwas Agarwal v. State of W.B., 2023 SCC OnLine Cal 2653]
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.
[Ranjan Das v. State of W.B., 2023 SCC OnLine Cal 2459]
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.
[Abhishek Banerjee v. Directorate of Enforcement, order dated 02-09-2023]
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.
[Animesh Biswas v. State of W.B., order dated 05-09-2023]
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.”.
[Rajiv Kumar Sing v. State of W.B., 2023 SCC OnLine Cal 2651]
“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.
[Asgar Ali v. State of W.B., order dated 31-08-2023]
Payment of interest on cash loan falls considered unexplained expenditure under Section 69C 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.
[Shyam Sundar Dhanuka v. Union of India, 2023 SCC OnLine Cal 2550]
“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.
[Himangshu Kumar Ray v. State of W.B., 2023 SCC OnLine Cal 1745]
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.
[Kalyan Panda v. State of W.B., 2023 SCC OnLine Cal 2639]
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.
[Hytone Merchants (P) Ltd. v. Prasenjit Das, 2023 SCC OnLine Cal 2644]
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.
[Radha Bhattad v. Rashmi Cement Ltd., 2023 SCC OnLine Cal 2570]
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.
[Ghanshyam Tiwari v. Rajdeep Arora, decided on 26-07-2023]
DELHI HIGH COURT
Delhi High Court restrains Jio Live TV and other rogue websites to telecast ICC Men’s Cricket World Cup 2023 matches
A suit was filed by Star India Private Limited and Novi Digital Entertainment Pvt. Ltd. (the plaintiffs) seeking an injunction restraining illegal and unauthorised dissemination, and broadcast of matches or parts thereof in the ICC Men’s Cricket World Cup 2023. Prathiba M Singh, J. grants injunction in favour of Star India and restrained the Defendents 1 to 9 restrained by an ad-interim order from communicating, screening, making available or disseminating any part of the ICC World Cup Cricket matches on any electronic or digital platform in any manner whatsoever.
[Star India Private Limited v Jio Live.TV, decided on 27-09-2023]
Delhi HC suggests Ministry of Higher Education to provide uniform eligibility conditions for recruitment to various teaching posts
In a case wherein, a writ petition was filed to challenge an order passed by the Central Administrative Tribunal, Principal Bench, New Delhi (‘the Tribunal’), whereby an application filed on the petitioner’s behalf to declare him eligible for appointment to the post of Trained Graduate Teacher (‘TGT’) (Hindi), was dismissed, the Division Bench of V. Kameswar Rao and Anoop Kumar Mendiratta*, JJ., set aside the order passed by the Tribunal and directed the respondents that if the petitioner met with the other conditions of eligibility, then consider him eligible for an interview to the post of TGT (Hindi).
[Naveen Sharma v. Union of India, decided on 25-09-2023]
Accrual of cause of action at a place for pursuing substantive legal action, not a consideration for determining territorial jurisdiction u/s 11 of A&C Act, 1996: Delhi High Court
In a case wherein the petitioner filed a petition under Section 11(6) and (8) of the Arbitration and Conciliation Act, 1996 (‘Act’) seeking appointment of an independent and impartial arbitrator as well as declaration to the effect that the respondent’s nomination and appointment of the arbitrator was contrary to the procedure stipulated in the Letter of Intent (‘LoI’) executed between the parties, Manoj Kumar Ohri, J.*, held that the accrual of cause of action at a place for pursuing a substantive legal action was not a consideration for determining jurisdiction for the purposes of Section 11 of the Act. The Court opined that in the present case, as per Clause 31.16 of the LoI, the place of arbitration was Faridabad (Haryana), which would be chosen as the seat, since seat had not been separately named and there was no other contrary indicia to show that the place of arbitration was not intended to be the seat of arbitration. Thus, the Court held that this Court lacked territorial jurisdiction to entertain the present petition.
[G R Builders v. Metro Speciality Hospitals Pvt. Ltd., decided on 26-09-2023]
Delhi High Court| Delay in the handing over of the Right of Way is a material breach of contract if it affects the issuance of the Completion Certificate
In a petition filed by the National Highways Authority of India (petitioner) under Section 34 of the Arbitration and Conciliation Act, 1996 challenging the award dated 07-07-2016 (‘the Arbitral Award’) passed by the Arbitral Tribunal, Manoj Kumar Ohri, J., dismissed the petition and held that the view taken by the Arbitral Tribunal is clearly a plausible one and needs no interference by the Court.
[National Highway Authority of India v D S Toll Roads Pvt Ltd., decided on 19-09-2023]
Period treated as ‘not spent on duty’ must be construed for back wages and not for seniority and promotion: Delhi High Court
In a case wherein, a petition was filed to challenge the order passed by the Central Administrative Tribunal, Principal Bench, New Delhi (‘the Tribunal’), whereby the petitioner’s application for grant of back wages, seniority, promotion and other benefits was dismissed, the Division Bench of V. Kameswar Rao* and Anoop Kumar Mendiratta, JJ., directed the respondents to pay subsistence allowance along with interest of 8% per annum to the petitioner for the period he remained suspended i.e. from 18-11-1996 to 16-07-2012. The Court further stated that the petitioner should be entitled to seniority and consequential benefits including promotion at par with the last junior of his batch, and accordingly set aside the dismissal orders passed by the respondents to the extent that deny seniority and consequential benefits to the petitioner.
[Vinod Kumar v. State (NCT of Delhi), decided on 25-09-2023]
Delhi High Court dismisses PIL highlighting inaction of UGC in relation to Universities providing unspecified courses; Directs UGC for compliance with UGC Act, 1956
In a petition filed by the petitioner highlighting the inaction of the University Grants Commission (‘UGC’) with respect to Universities/ Institution/ Colleges providing unspecified courses, a division bench of Satish Chandra Sharma and Sanjeev Narula, JJ., did not pass specific order and directed UGC to comply with the provisions of the UGC Act, 1956.
[Rahul Mahajan v Ministry of Education, decided on 27-09-2023]
Delhi High Court quashes FIR in light of amicable settlement between parties; directs accused to contribute woollen blankets to girls’ shelter home
In a case wherein, the petition was filed under Section 482 of Criminal Procedure Code, 1973 seeking to quash the FIR registered under Sections 354, 354-A, 354-D, 506 and 509 of the Penal Code, 1860 (‘IPC’), Jyoti Singh, J.* while allowing the writ petition quashed the impugned FIR dated 10-11-2014 and further directed the accused to contribute Rs. 25,000 in form of woollen blankets.
[Deepak Verma v. State, decided on 25-09-2023]
University’s Ordinance for self-regulation cannot override student’s right to education and dignity; Delhi HC directs University to consider students’ application for Migration
In a case wherein a student had applied for a migration to another college on account of medical hardships, but the respondent-University had issued a notice imposing a complete ban on migration, Purushaindra Kumar Kaurav, J., opined that the competent authority could not be oblivious to the ground realities which might arise, and in the present case, a more pragmatic approach needed to be adopted instead of being rigid to general rule. The Court further opined that “it was incumbent upon educational institutions to make the necessary allowances to ensure that students, who were disadvantaged due to medical reasons, were also provided quality education. Therefore, the Ordinance of the Universities for self-regulation could not override a student’s right to education and the right to live a life with human dignity”.
[Tanishka v. State (NCT of Delhi), Order dated 12-09-2023]
Delhi High Court refuses to restrain the use of the song ‘JALSA’ in movie ‘MISSION RANIGANJ’
A suit was filed by Saga Music Private Limited (plaintiff) seeking an injunction restraining the defendants from incorporating or using the song ‘JALSA’ in a feature film produced and to be released by Pooja Entertainment Limited (defendant 3) titled ‘MISSION RANIGANJ’ in which the rights in the sound recordings are stated to be owned by Jjust Music Label Pvt. Ltd. (defendant 4). Prathiba M Singh, J., rejected the prayer for an injunction to the plaintiffs as the agreement vide which the rights were transferred has no legs to stand on its own because Defendant 1 did not own rights in the underlying works on the said date which forms subject matter of the present suit.
[Saga Music Private Limited v Satinder Pal Singh Sartaaj, decided on 25-09-2023]
No copyright can be claimed in scriptures; their adaptations are entitled to copyright protection: Delhi High Court
In a case wherein the plaintiff, Bhaktivedanta Book Trust filed the suit to seek protection against copyright infringements of its works, Prathiba M. Singh, J.* noted that piracy had been done in several of the languages in which the plaintiff’s works were published and opined that such piracy of the copyrighted works of the plaintiff could not be permitted, and if such piracy went unchecked, the copyright in the said works would result in loss of revenue to the plaintiff. Thus, the Court granted an ad interim injunction, thereby restraining the defendants from printing, reproducing, communicating, disseminating any part of the plaintiff’s works, to the public either in print form or in audio-visual form or in electronic form including through websites, mobile applications, weblinks, Instagram posts or any other posts on the social media as would result in the infringement of plaintiff’s copyright.
[The Bhaktivedanta Book Trust, India, decided on 21-09-2023]
Delhi High Court asks Government to prepare action plan to implement ‘National Litigation Policy’
The Division Bench of Satish Chandra Sharma, CJ. and Sanjeev Narula J.*, opined that in the era of rapid technological and social change, it was paramount for the government to not just react but also to be proactive, adaptive, and forward-thinking. The Court observed that more than a decade had passed since the discussion on litigation policy commenced and it was still unclear as to when the proposed framework or guidelines would be in place. The Court further opined that the government must prepare a time-bound action plan for implementation of the ‘National Litigation Policy’ or the guidelines that were under contemplation and thus closed the present matters.
[Union of India v. Kiran Kanojia, decided on 22-09-2023]
Delhi High Court grants injunction to Viacom18 for exclusively streaming/transmitting events conducted by BCCI
In a case wherein few rogue websites were streaming contents of the BBCI without plaintiff’s authorization, C. Hari Shankar, J., opined that prima facie, there was substance in the plaintiff’s grievance and thus, held that the plaintiff would be entitled to an injunction against Defendants 1 to 8 from making available to the public, essentially by transmitting or broadcasting, in any manner, whether over the television or over any digital platform or the internet, the content relating to the events conducted by BCCI as broadcasted by the plaintiff in their channels including “JioCinema”.
[Viacom18 Media (P) Ltd. v. Live.smartcric.com, Order dated 21-09-2023]
‘Violative of trademark rights in mark DLF’; Delhi HC directs Gurugram Land and Finance (P) Ltd. to cease putting up of billboards/promotional activities under the mark ‘GLF’
In a case wherein Plaintiff 1, DLF Ltd. was in the business of real estate projects and objected to the defendants’ use of the word mark ‘GLF’ with an inverted triangle for real estate project in Gurugram, Haryana, Prathiba M. Singh, J., opined that owing to the extensive and long usage of the mark ‘DLF’ especially in the Delhi-Gurugram area, the use of the mark ‘GLF’ by the defendants was bound to result in confusion and deception and it would also be violative of the plaintiff’s trade mark rights in the mark ‘DLF’. Thus, the Court directed the defendants to immediately cease any further putting up of billboards or promotional activities or any other promotional material under the mark/name ‘GLF’.
[DLF Ltd. v. Gurugram Land and Finance (GLF) (P) Ltd, Order dated 15-09-2023]
Live-in relationship between married adults not an offence; but woman cannot allege rape by partner on false pretext of marriage: Delhi High Court
In a case wherein, a writ petition was filed by the petitioner under Article 226/227 of the Constitution read with Section 482 of Criminal Procedure Code, 1973 (‘CrPC’) seeking to quash the FIR registered under Sections 376, 323, 506, 509 and 427 of Penal Code, 1860 (‘IPC’), Swarana Kanta Sharma, J.* opined that there was no valid basis for Respondent 2 to entertain the notion of promise of a marriage from the petitioner as by virtue of her existing marriage she was ineligible to marry the petitioner and thus quashed the impugned FIR.
[S. Rajadurai v. State (NCT of Delhi), decided on 13-09-2023]
Delhi High Court issues directions for Trial Court while passing bail orders; Condemns use of derogatory language in legal pleadings
A petition was filed by the petitioner under Section 482 of the Code of Criminal Procedure, 1973 (‘CrPC’) has been filed by the petitioner seeking to set aside the order dated 13-10-2020, passed by the Additional Sessions Judge whereby anticipatory bail was granted to accused/respondent 2. Swarana Kanta Sharma, J., directed the Trial Court to decide the case irrespective of observations made in the impugned order, without being influenced by the same, on the strength of merit of the case as per law, however, there are no reports of accused having approached the complainant in any manner or having influenced her or threatened her during the last three years, therefore, prayer for cancellation of bail is rejected.
[Rajan Devi v State, decided on 13-09-2023]
[Delhi Quota] Delhi HC directs Government of Delhi to revisit existing rules on domicile/permanent residency status in admissions to educational institutions
In a case wherein the appellant filed a writ petition seeking a declaration that the eligibility condition for admission to MBBS/BDS Courses of Faculty of Medical Sciences (‘FMSc’), University of Delhi (‘DU’), and Guru Gobind Singh Indraprastha University, (‘GGSIPU’) were ultra vires insofar as they disentitled the appellant from being considered for admission under the category of Delhi Quota/Delhi Region Candidate, the Division Bench of Satish Chandra Sharma, C.J., and Sanjeev Narula, J.*, opined that the admission rules set forth by DU and GGSIPU, had the potential of excluding bona fide students who might have a legitimate claim as residents of Delhi. This was a matter of concern that merits attention. Thus, the Court directed the Government of Delhi to revisit the existing rules or consider drafting new rules on the eligibility criteria in admissions to educational institutions in respect of domicile/permanent residency status.
[Ujjwal Shori v. University of Delhi, decided on 12-09-2023]
‘Photographs are identical/imitative’; Delhi High Court issues notice to ‘People of India’ portal in a copyright infringement suit by ‘Humans of Bombay’…
In a case, wherein the plaintiff, Humans of Bombay Stories (P) Ltd. filed the present suit against the defendants, POI Social Media (P) Ltd. for seeking injunction restraining infringement of its copyrighted content which included, content, literary works, materials, films and creative expressions which was published on its website, Instagram handle and YouTube channel, Prathiba M. Singh, J., observed that prima facie there was substantial imitation, and, in some cases, the photographs/images were identical or imitative. Thus, the Court issued notice to the defendants.
[Humans of Bombay Stories (P) Ltd. v. Poi Social Media (P) Ltd., 2023 SCC OnLine Del 5945]
‘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.
[Delhi Prosecutors Welfare Assn. v. Rajiv Mehrishi, 2023 SCC OnLine Del 5814]
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’.
[Red Chillies Entertainments (P) Ltd. v. Ashok Kumar, 2023 SCC OnLine Del 5857]
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.
[Mohd. Amir Javed v. State (NCT of Delhi), 2023 SCC OnLine Del 5777]
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.
[Deepti v. Anil Kumar, 2023 SCC OnLine Del 5829]
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.
[Muskan Singh v. State (NCT of Delhi), 2023 SCC OnLine Del 5843]
‘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.
[Delhi Prosecutors Welfare Assn. v. Rajiv Mehrishi, 2023 SCC OnLine Del 5814]
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.
[Cobra Instalaciones Y Servicios and Shyam Indus Power Solution v. Haryana Vidyut Prasaran, 2023 SCC OnLine Del 5439]
‘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.
[Saurav Chaudhary v. Union of India, 2023 SCC OnLine Del 5550]
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.
[Ahire Ajinkya Shankar v. Indian Coast Guard, 2023 SCC OnLine Del 5726]
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.
[NDMC v. Tewari House Hospitality (P) Ltd., 2023 SCC OnLine Del 5767]
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.
[Living Media India Ltd. v. Aabtak Channel. Com (John Does), 2023 SCC OnLine Del 5680]
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.
[Rajat Kapoor Advocate v. Union of India, 2023 SCC OnLine Del 5666]
[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.
[Silica Udyog India (P) Ltd. v. Union of India, 2023 SCC OnLine Del 5632]
[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.
[National Highways Authority of India v. Ashoka Buildcon Ltd., 2023 SCC OnLine Del 5658]
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.
[Malini Chaudhri v. Ranjit Chaudhri, 2023 SCC OnLine Del 5657]
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.
[Wasim Ahmad v. State (NCT of Delhi), 2023 SCC OnLine Del 5579]
‘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.
[Niharika Ghosh v. Shankar Ghosh, 2023 SCC OnLine Del 5624]
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.
[State (NCT of Delhi) v. Rohit Kumar, 2023 SCC OnLine Del 5557]
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.
[Gautam Jindal v. Meenu Jindal, 2023 SCC OnLine Del 5622]
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.
[S. Jaitley v. State (NCT of Delhi), 2023 SCC OnLine Del 5551]
‘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.
[Reliance Industries Ltd. v. Ajio Online Shopping (P) Ltd., 2023 SCC OnLine Del 5527]
[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.
[State (NCT of Delhi) v. Babita, 2023 SCC OnLine Del 5468]
[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.
[Yatharatha Foundation v. Union of India, 2023 SCC OnLine Del 5639]
‘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.
[Manju Singal Proprietor Singla Food Products v. Deepak Kumar, 2023 SCC OnLine Del 5503]
[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.
[NBCC (India) Ltd. v. Ramacivil India Construction (P) Ltd., 2023 SCC OnLine Del 5472]
‘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.
[Poonam Wadhwa v. Rajiv Wadhwa, 2023 SCC OnLine Del 5535]
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.
[Sanghi Bros (Indore) (P) Ltd. v. Kamlendra Singh, 2023 SCC OnLine Del 5528]
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.
[Gopal Corporates LLP v. Commr., 2023 SCC OnLine Del 5505]
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.
[Union of India v. Vansh Sharad Gupta, 2023 SCC OnLine Del 5403]
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.
[Dr. Reddys Laboratories Ltd. v. Fast Cure Pharma, 2023 SCC OnLine Del 5409]
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.
[Star India (P) Ltd. v. 7MOVIERULZ.TC, 2023 SCC OnLine Del 5413]
[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.
[N v. State, 2023 SCC OnLine Del 5387]
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.
[Royal County of Berkshire Polo Club Ltd. v. Lifestyle Equities CV, 2023 SCC OnLine Del 5347]
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.
[Dalip Kaur v. Union of India, 2023 SCC OnLine Del 5491]
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.
[RSPL Health (P) Ltd. v. Reckitt & Colman (Overseas) Hygiene Home Ltd., 2023 SCC OnLine Del 5154]
‘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.
[X v. State, decided on 04-09-2023]
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.
[Mattel v. Present Enterprises, 2023 SCC OnLine Del 5474]
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.
[Preeti v. Vikas, decided on 5-9-2023]
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.
[Monster Energy Co. v. Vineet Deshwal, decided on 04-09-2023]
Delhi High Court directs former J&K CM Omar Abdullah to pay maintenance of Rs. 1.5 lakhs per month to his wife, Payal Abdullah
In a case wherein revision petitions had been filed under Sections 397 and 401 read with Section 482 of the Criminal Procedure Code, 1973, (‘CrPC’) challenging the Order passed by the Principal Judge, Family Court, Patiala House, New Delhi, whereby the grant of maintenance to both the children of the respondent, namely, Zahir Abdullah and Zamir Abdullah, under Section 125 of the CrPC was rejected; the younger child was granted maintenance of Rs. 25,000 for a limited period of three months till he attained the age of majority and the respondent’s wife, Payal Abdullah was granted Rs. 75,000 as interim maintenance, Subramonium Prasad, J.*, opined that considering the financial capacity of the respondent to provide a decent standard of living to his wife and children commensurate with his income and the standard of living that the petitioners enjoyed previously, there was no reason that the maintenance amount awarded to Payal Abdullah should not be enhanced to that extent. Accordingly, this Court observed that there was limited merit in the instant petition and thus, directed the interim maintenance amount to be increased from Rs. 75,000 per month to Rs. 1,50,000 per month for Payal Abdullah. This Court further opined that even though the petitioners, Zahir Abdullah and Zamir Abdullah, being major, were not entitled to any maintenance as per the law, the respondent must pay Rs. 60,000 per month per son to Payal Abdullah for their education.
[Zahir Abdullah v. Omar Abdullah, 2023 SCC OnLine Del 5341]
[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.
[Shan Mohd. v. State (NCT of Delhi), 2023 SCC OnLine Del 5380]
Creating separate classification in appointments for better qualification will not violate fundamental rights of a person: Delhi High Court
In a case wherein, the petitioner filed a petition under Article 226 of the Constitution to seek deletion of the preference clause prescribed in eligibility section of the published advertisement, Chandra Dhari Singh, J.* held that Respondent 1, Public Enterprises Selection Board had not violated the fundamental right of the petitioner by creating separate classification for better qualification, and accordingly, dismissed the petition.
[Ruchir Agrawal v. Public Enterprises Selection Board, 2023 SCC OnLine Del 5252]
Gender-specific legislations are not biased against opposite gender, rather address unique issues faced by a particular gender: Delhi High Court
In a case wherein, the petitioner filed a petition under Section 397 read with Section 401 of Criminal Procedure Code, 1973 (‘CrPC’) to set aside the impugned order dated 05-07-2018 passed by the Metropolitan Magistrate, Patiala Hose Courts, New Delhi under Section 509 of the Penal Code, 1860 (‘IPC’), Swarana Kanta Sharma, J.*, opined that insulting a woman, being rude to her, and not behaving in a chivalrous manner as she would have expected, would not be covered under the definition of outraging the woman’s modesty and set aside the order passed by the Trial Court.
[Varun Bhatia v. State, 2023 SCC OnLine Del 5288]
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.
[Rahul Mohod v. State (NCT of Delhi), 2023 SCC OnLine Del 5492]
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.
[Global Music Junction (P) Ltd. v. Shatrughan Kumar, 2023 SCC OnLine Del 5479]
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.
[Surgical Manufacturers & Traders Assn. v. Union of India, 2023 SCC OnLine Del 5443]
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.
[Vaibhav Kumar v. State (NCT of Delhi), 2023 SCC OnLine Del 5452]
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.
[Rajesh Kumari v. Dhiraj, 2023 SCC OnLine Del 5430]
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.
[Mohd. Irshad v. Nadeem, 2023 SCC OnLine Del 5394]
GUJARAT HIGH COURT
Wrongful detention | Gujarat HC grants 1 Lakh compensation to prisoner who spent 3 years in jail after Bail
While hearing a regular bail application, the Court noted that a suspension of sentence order was already passed by the Court on 29-09-2020, whereby, the applicant was released on regular bail for offences under Section 389 of the Code of Criminal Procedure, 1973 (‘CrPC’), however, the order was not implemented, the Division Bench of A.S. Supehia and M.R. Mengdey, JJ. allowed the application and directed the State to grant a compensation of Rs.1,00,000/- to the convict for illegal incarceration in the jail for a period of three years.
[Chandanji v. State of Gujarat, Order dated 22-09-2023]
Gujarat HC discusses NCPCR guidelines for conducting preliminary assessment under Section 15 of JJ Act
While hearing a criminal revision application under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (‘JJ Act’) against the Appellate Court and Juvenile Justice Board’s (‘JJ Board’) Order, whereby the juvenile delinquent accused of offence punishable under Sections 452, 394, 395, 397, 120-B read with Section 114 of the Penal Code, 1860 (‘IPC’) and Section 25(1) of the Arms Act, 1959, was ordered to be tried as an adult in the Children’s Court, Gita Gopi, J. allowed the appeal and discussed the National Commission for Protection of Child Rights (‘NCPCR’) guidelines for trying child in conflict with law as an adult.
[Child in Conflict with Law v. State of Gujarat, decided on 15-09-2023]
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.
[Maheshkumar Dhisalal Jangid v. State of Gujarat, 2023 SCC OnLine Guj 3001]
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.
[Planet Automotive (P) Ltd. v. State of Gujarat, 2023 SCC OnLine Guj 3070]
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. The Court quoted verse from ‘Skanda Purana’:
नस्ति मातृसमा छाया नास्ति मातृसमा गतिः।
नास्ति मातृसमं त्राणं त्राणं नास्ति मातृसमा प्रपा।।
[XYZ v. State of Gujarat, 2023 SCC OnLine Guj 2856]
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.
[Shubhra Hiteshbhai Gupta v. State of Gujarat, 2023 SCC OnLine Guj 2810]
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.
[Spire Enterprise v. Govt. E-Marketplace SPV, 2023 SCC OnLine Guj 2805]
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.
[Vinay Patyal v. State of H.P., 2023 SCC OnLine HP 1080]
JAMMU AND KASHMIR AND LADAKH HIGH COURT
No absolute bar on writ jurisdiction of High Courts in promissory estoppel disputes between State and its instrumentalities: J&K and Ladakh HC
While deciding the instant petition filed by owners of various hotels/guesthouses in the UT of Jammu and Kashmir praying for issuance of writ of mandamus directing the respondents to the entire amount of interest subsidy in favour of the petitioners through their respective soft loan accounts maintained with their respective Banks, strictly in accordance with the scheme which has been formulated by the Government of India for revival of the hotels/guesthouses; the Bench of Wasim Sadiq Nargal, J.*, directed the respondents to release the amount so claimed within 2 months from the date of the judgment. The Court further observed that in matters of disputes relating to promissory estoppel with the State and its instrumentalities there is no absolute bar to exercise the writ jurisdiction and the High Court should take a holistic view and determine as to whether it would be proper to exercise its writ jurisdiction.
[Hotel Ashai Srinagar v. State of J&K, decided on 19-09-2023]
[Preventive Detention] | Unreasonably belated consideration of representation is equivalent to non-compliance of Art. 22(5) of the Constitution: J&K and Ladakh HC
While considering the instant petition challenging the preventive detention order passed by the District Magistrate, Srinagar against the detenue on several grounds including non-consideration of representation of the detenue against the impugned order, the Bench of Sanjay Dhar, J.*, allowing the petition stated that non-consideration or an unreasonably belated consideration of the representation tantamounts to non-compliance of Art. 22(5) of the Constitution, which in turn renders the detention unsustainable in law.
[Bilal Ahmad Ganie v. State (UT of J&K), 2023 SCC OnLine J&K 668]
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.
[Bashir-Ud-Din v. State (UT of J&K), 2023 SCC OnLine J&K 650]
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.
[Sajad Ahmad Mir v. Mukhtair ul Qadir, 2023 SCC OnLine J&K 653]
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.
[Sadam Hussain Ganie v. State (UT of J&K), 2023 SCC OnLine J&K 641]
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.
[Noor Ahmad Shah v. Union of India, 2023 SCC OnLine J&K 614]
JHARKHAND HIGH COURT
[MSMED Act] Interest for delayed payment allowed even if principal amount already paid: Jharkhand High Court
In an appeal challenging Writ Court’s judgment dated 16-05-2019 remanding the matter to Jharkhand Micro, Small and Medium Enterprises Facilitation Council (‘MSEFC Jharkhand’) for adjudication of claim for interest on delayed payment of bills raised, the Division Bench of Shree Chandrashekhar and Anubha Rawat Choudhary*, JJ. concurred with the Writ Court regarding maintainability and law allowing claim for principal amount as well as separate claim for interest.
[State Project Director v. National Printers, decided on 11-09-2023]
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.
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.
[Ashok Kumar v. Birendra Kumar Singh, 2023 SCC OnLine Jhar 1291]
KARNATAKA HIGH COURT
[Perjury] | “Not every false statement is intended to be the subject matter of the prosecution”: Karnataka High Court
While deciding the instant appeal praying to set-aside the order passed by the Additional City Civil and Sessions Judge, Bengaluru, rejecting the application filed by the appellant under Section 195 r/w Section 340 of CrPC seeking action against the respondents for the offences punishable under Sections 177, 191, 196, 199, 200 and 209 of IPC; the bench of Shivashankar Amarannavar, J.*, dismissed the appeal stating that “it is not every false statement that is intended to be the subject matter of the prosecution” and that the statement made by the respondents vis-à-vis the lease term being eleven months instead of ten years, was not to get any favourable orders and but only to establish the landlord-tenant relationship.
[Rajesh KN v. KR Umesh, decided on 25-09-2023]
Read why Karnataka HC refused to stay State Government’s notification vis-à-vis implementation of HSRP (High Security Registration Plate) Scheme
While deciding the instant petition challenging the notification/circular issued to implement the HSRP (High Security Registration Plate) Scheme which has been on the anvil for over two decades, the Bench of B.M. Shyam Prasad, J.*, rejected the petitioners’ request to stay the impugned notification/circular stating that the factors of balance of convenience and irreparable injury could be reasonably achieved if the State Government, subject to further orders of the Court and without prejudice to its case, is called upon to notify a detailed process to be followed to the vehicle manufacturers to grant approval across the board to all the license plate manufacturers with the necessary TAC and this exercise must be completed within a timeframe. The Court further stated that the petitioners, without prejudice to their case must be reserved liberty to participate in the process that is so finalized by the State Government pursuant to the instant order.
[HSRP Manufacturers Association of India v. State of Karnataka, decided on 20-09-2023]
“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.
[G.K. Suresh v. Bruhat Bangalore Mahanagara Palike, 2023 SCC OnLine Kar 60]
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.
[Umapathi S. v. State of Karnataka, 2023 SCC OnLine Kar 59]
“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.
[B. Srinivas Rao v. Bangalore Development Authority, decided on 08-09-2023]
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.
[Naveen Kumar H.N. v. State of Karnataka, 2023 SCC OnLine Kar 56]
“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”.
[Kallappa v. State, 2023 SCC OnLine Kar 57]
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”.
[T. Ramesh Babu v. United India Insurance Co. Ltd., 2023 SCC OnLine Kar 55]
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”.
[Abdul Rehman v. State of Karnataka, decided on 01-09-2023]
KERALA HIGH COURT
Marriage cannot be revived, retaining such a marriage itself a cruelty: Kerala High Court grants divorce
In an appeal filed by the husband against dismissal of petition for divorce on the ground of cruelty under Section 13(1)(ia) of Hindu Marriage Act, 1955, the Division Bench of A. Muhamed Mustaque* and Sophy Thomas, JJ. allowed the divorce petition considering the fact that no scope for reconciliation was left, and retaining such a marriage is itself a cruelty.
[Ramanadhan v. Raji, decided on 20-09-2023]
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.
[Aneesh v. State of Kerala, 2023 SCC OnLine Ker 7900]
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.
[Umesh v. State of Kerala, 2023 SCC OnLine Ker 7329]
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.
[Seema Patel v. State of M.P., order dated 28-08-2023]
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.
[Sudheer Kumar Sharma v. State of M.P., 2023 SCC OnLine MP 3035]
Non-Muslim female students cannot be compelled to wear headscarves/ Hijab in school: Madhya Pradesh High Court
A single-judge bench comprising of Dinesh Kumar Paliwal,* J., granted bail to the applicants subjected to several conditions considering the fact that the main allegations were against the school management and the trial was likely to be time-consuming. The Court imposed conditions to ensure the protection of the rights and religious practices of non-Muslim students in the school.
[Asfa Sheikh v. State of M.P., 2023 SCC OnLine MP 2677]
MADRAS HIGH COURT
Explained | Madras HC quashes FIR against Advocate accused of restraining Revenue Inspector from conducting a survey
In a criminal original petition filed by an Advocate/accused under Section 482 of the Code of Criminal Procedure (‘CrPC’) to quash the FIR filed against him alleging that he and his client (other accused) has restrained the officials from carrying on with their official duty. N. Anand Venkatesh, J. while quashing the FIR, has said that the accused had expressed himself more strongly to defend the rights of his client, but that by itself should not result in a criminal prosecution against an Advocate. The main intention on the part of the accused was not to prevent the Government officials from performing their function, but an attempt to safeguard the rights of his client.
[C. Raja v State, Order dated 21-09-2023]
Explained | Sanathana Dharma is a set of ‘eternal duties’: Madras High Court
In a writ petition to declare the circular dated 12-09-2023 issued by the Principal of Thiru.Vi.Ka. Government Arts College at the instance of a sitting MLA of the ruling party in this State, as unconstitutional and affront to secularism being basic structure of constitution and consequently, forebear the respondents from conducting, organizing and program on the topic of anti-sanathanam, N. Seshasayee. J. said that Sanathana Dharama is a set of ‘eternal duties’ and if the topic chosen by the impugned circular is tested on these duties, it would mean that all these duties are liable to be destroyed.
[Elangovan v Secretary, Order dated 15-09-2023]
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.
[Vasanthi v. State, 2023 SCC OnLine Mad 6086]
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.
[Collector v. Prakash, 2023 SCC OnLine Mad 6085]
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:
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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.
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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.
[EDAC Engineering Ltd. v. Industrial Fans (India) (P) Ltd., 2023 SCC OnLine Mad 6010]
Madras HC refuses to quash criminal proceedings against BJP leader H Raja for tweeting against Periyar, Karunanidhi and officers of HR&CE Department
In a criminal petition filed under Section 482 of the Criminal Procedure Code, 1973 (‘CrPC’) to quash the proceedings in relation to the speech made by Bharatiya Janata Party’s National Secretary H Raja in a meeting held at Dindigul on 17-09-2018, wherein he made insulting and derogatory remarks against EV Ramaswamy (Periyar) , K Karunanidhi, Kanimozhi Karunanidhi, officers of Hindu Religious and Charitable Endowment Department and their wives. N. Anand Venkatesh, J. while dismissing the petition, transferred the proceedings to the Special Court for MP/MLA Cases and directed the Court to complete the proceedings within a period of three months after the charges are framed.
[H. Raja v. State, 2023 SCC OnLine Mad 5795]
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.
[N. Mahendran v Director of Public Health and Preventive Medicine, Order dated 04-08-2023]
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.
[S. Ramachandran v State of Tamil Nadu, Order dated 05-09-2023]
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.
[V. Senthil Balaji v. Enforcement Directorate, 2023 SCC OnLine Mad 6024]
MEGHALAYA HIGH COURT
“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.
[In Re Suo motu custodial violence and other matters relating to prison conditions v. State of Meghalaya, Decided on 28-08-2023]
ORISSA HIGH COURT
‘Place billboard for penal consequences of sexual harassment within 3 months’: Orissa HC warns Authorities against non-compliance
While hearing a civil writ petition seeking implementation of Section 19(b) of the Sexual Harassment of Women and Workplace (Prevention, Prohibition and Redressal) Act, 2013 (‘Act, 2013’), the Court noted that the order dated 07-12-2022, whereby the government officers and other authorities were directed to implement the mandate of Section 19(b) of the Act, 2013 was not complied with by the authorities till date, the division Bench of S. Talapatra, CJ and Savitri Ratho, J. directed the authorities under the Central Government and the State Governments to comply with the direction of Section 19(b) of the Act, 2013 within a period of three months from the date of order.
[Biyat Pragya Tripathy v. State of Odisha, Order dated 15-09-2023]
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’).
[Daman Pratirodha Mancha v. State of Odisha, 2023 SCC OnLine Ori 5655]
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.
[Satrughna Samal v. State of Odisha, 2023 SCC OnLine Ori 5654]
‘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.
[Anil Kujur v. State of Odisha, 2023 SCC OnLine Ori 5627]
‘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.
[Nimananda Biswal v. State of Odisha, 2023 SCC OnLine Ori 5628]
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.
[Gobinda Construction v. Union of India, decided on 08-09-2023]
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”.
[Noor Alam Khan v. State of Bihar, decided on 23-08-2023]
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.
[Binder Kaur v. State of Punjab, decided on 15-09-2023]
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.”
[Shikha v. State of Haryana, 2023 SCC OnLine P&H 1611]
‘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.
[Gurleen Kaur v. State of Punjab, 2023 SCC OnLine P&H 1453]
RAJASTHAN HIGH COURT
Party’s non-objection to similar mark during registration, estops it later from taking different stand; Raj HC affirms Trial Court decision of denying injunction to ‘Ornate Jewels’
In a case wherein, an appeal was filed under Section 104 read with Order 43 Rule 1(r) of Civil Procedure Code, 1908 (‘CPC’) to challenge the order dated 20-3-2021, whereby the application for temporary injunction filed by the plaintiff and counter-application for temporary injunction filed by the respondent was dismissed, Sudesh Bansal, J., affirmed the Trial Court’s decision that no prima facie case was proved in the appellant’s favour to restrain the respondent from using its registered trade mark and accordingly, dismissed the present appeal.
[Ornate Jewels v. Wow Overseas Pvt. Ltd., Order dated 18-09-2023]
Government servant must uphold high conduct standards both in private and public life: Rajasthan High Court
In a case wherein, a writ petition was filed by the petitioner challenging the chargesheet; punishment order; appellate order rejecting the departmental appeal; and order rejecting the review petition filed by the petitioner, Ashok Kumar Gaur, J., noted that the petitioner himself did not appear before the enquiry officer, did not even file any response to the enquiry report and remained absent from duty after service of the chargesheet. Thus, the Court opined that the authorities had not committed error in initiating enquiry against the petitioner and passing the punishment order dismissing the petitioner form service.
[Hari Singh v. State of Rajasthan, Order dated 20-09-2023]
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.
[Aseem Watts v. Union of India, 2023 SCC OnLine Raj 1462]
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.
[Zydus Wellness Products Ltd. v. Union of India, 2023 SCC OnLine Sikk 91]
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.
[Kiran Devi Chouraria v. Jhumar Mal Singhi, 2023 SCC OnLine Sikk 84]
‘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.
[Chandan Bikomiya Deori v. State of Sikkim, decided on 21-08-2023]
TELANGANA HIGH COURT
Telangana High Court directs State Government to ensure no PoP Idols are immersed in either Hussain Sagar Lake or any water bodies in Hyderabad
In a case wherein an association of Idol makers challenged the revised guidelines banning idol immersion in the city of Hyderabad issued by the Central Pollution Control Board, the Division Bench of Alok Aradhe, C.J., and N.V. Shravan Kumar, J., directed the State Government to ensure that no idols made by Plaster of Paris (‘PoP’) would be allowed to immersed in any of the water bodies in Hyderabad.The petitioner was an association of idol makers in the State of Telangana and had assailed the validity of lause 2.0 of the Revised Guidelines for Idol Immersion issued by Central Pollution Control Board which banned the making of PoP idols as well as its immersion completely. The petitioner challenged the guidelines on the ground that it violated the fundamental rights of the members of the association guaranteed under Articles 14, 19, 21, 25 and 300-A of the Constitution. The Court noted that the immersion of Ganesh Idols was scheduled to take place on 28-09-2023 and thus, directed the State Government to ensure that no Idols made by PoP were immersed in either Hussain Sagar lake or any of the water bodies in the city of Hyderabad. The Court further directed the Commissioner of Police to ensure that the immersion of the Idols made of PoP only took place in baby ponds created by Greater Hyderabad Municipal Corporation.
[Telangana Ganesh Murti Kalakaar Welfare Association v. Union of India, Order dated 25-09-2023]
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.
[Amrutamma v. Managing Director, 2023 SCC OnLine TS 3023]
‘Grant of Contract to construct flats for homeless without Inviting Tenders not Arbitrary’: Telangana HC
In a public interest litigation (‘PIL’) assailing the award of contract for construction of flats to homeless persons by Greater Hyderabad Municipal Corporation (‘GHMC’) to DEC Infrastructure Projects India Pvt. Ltd. (‘DEC’), the Division Bench of Alok Aradhe, CJ.* and T. Vinod Kumar, J. dismissed the PIL and held that the grant of construction project to the DEC was fair, just and reasonable.
[Gonewar Chandu v. State of Telangana, Decided on 24-08-2023]
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.
[Visweswara Infrastructure (P) Ltd. v. Telangana State Industrial Infrastructure Corpn. Ltd., 2023 SCC OnLine TS 2980]
‘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.
[Amina Begum v. State of Telangana, 2023 SCC OnLine TS 3022]
UTTARANCHAL HIGH COURT
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.
[Virendra Kumar v. State of Uttarakhand, 2023 SCC OnLine Utt 960]
