HIGH COURT MONTHLY ROUNDUP OCTOBER 2023| 150+ Legal Stories including Humans of Bombay, Legal Presumption of Paternity, Mission Save Constitution, Pathan, Leo Movie, Nykaa & Chaayos Trademark and more

Allahabad High Court

‘Live-in relationships are timepass, temporary and fragile’: Allahabad High Court remarks

In a writ petition challenging the First Information Report (‘FIR’) dated 17-08-2023 under Section 366 of the Penal Code, 1860 the division bench of Rahul Chaturvedi and Mohd. Azhar Husain Idrissi, JJ. while denying giving protection to the petitioner during the stage of investigation, said that live-in relationships are timepass, temporary and fragile. Read more..

Executing Court having jurisdiction to execute award, can be any Court anywhere in the country, where decree can be executed: Allahabad HC reiterates

In a matter under Article 227 of the Constitution, pertaining to the territorial jurisdiction of the court for execution of an award, Pankaj Bhatia, J. has reiterated that Executing Court having jurisdiction to execute the award, can be any Court anywhere in the Country, where the decree can be executed. Read more..

Read why Allahabad HC took suo motu cognizance of deficiencies in running child care institutions

In a suo motu public interest litigation concerning the shortcomings and deficiencies in the running of child care institutions, the division bench of Pritinker Diwaker and Ajay Bhanot, JJ. has pointed out the shortcomings which need urgent attention and issued appropriate directions. Further, it directed the Principal Secretary, Women and Child Development Department, Government of U.P. to file a personal affidavit on 06-11-2023. The Principal Secretary was also directed to disclose the number of observation homes of different categories whether run by the Government or private agencies in the State o and with the aid of the Government and the number of children of different age groups residing in such institution. Read more..

Allahabad HC upholds Trial Court’s interim order restraining a manufacturer from using ‘Musa Ka Gul Super’ Trade Mark

In an appeal under Order 43 Rule 1(r) of the Code of Civil Procedure, 1908 (‘CPC’) against the order passed by the Additional District Judge, wherein the Court has allowed the application seeking temporary injunction, and restrained the appellants, till disposal of the suit, from manufacturing or selling product namely, ‘Musa Ka Gul Super’ or any product with the deceptively similar name and logo by which any common man could be deceived. Kshitij Shailendra, J. while dismissing the appeal said that the injunction application has been dealt with the findings on all the three ingredients, based upon cogent analysis of material available on record. Thus, it said that once the court below was satisfied that the registered trade mark has been prima facie infringed by the appellants, in absence of anything substantial which can persuade the Court to take a different view, there is no good ground to interfere in the order passed. Further, the Court directed the Trial Court to frame issues before 31-12-2023 and to decide the suit before 31-03-2025. Read more..

Allahabad High Court upholds CAT order directing Union Government to grant notional promotion to Railway employees from 2018

In a writ petition directed against the order of the Central Administrative Tribunal (‘CAT’), wherein the Tribunal directed the Union Government to grant notional promotion to the applicants w.e.f. 02-07-2018, thereby giving them all the consequential benefits as accrued, the division bench of Saumitra Dayal Singh and Rajendra Kumar-IV, JJ. held that denying the respondents to join back and forcing them to wait till the cadre was closed, was an arbitrary and indefensible act of the Indian Railways, a department of Union of India. Thus, the Court upheld the impugned order of the Tribunal. Read more..

Explained | Allahabad High Court’s verdict on burden of proving claim for tax concession

In a sales tax revision filed against the judgment and order dated 26-05-2022 passed by Commercial Tax Tribunal for the assessment year 2013 — 2014, Piyush Agrawal, J. while dismissing the revision, has held that the burden to prove that concession is upon the assessee in original proceedings. However, in reassessment proceedings, the burden shifts upon the department to prove that the assessee had wrongly claimed the concession. Read more..

Allahabad HC directs Magistrate to conclude NI Act proceedings expeditiously without going into unnecessary technicality

In an application filed to direct the Additional Civil Judge/ Judicial Magistrate to conclude the trial under Section 138 Negotiable Act, within a stipulated period, Arun Kumar Singh Deshwal, J. directed the Additional Civil Judge to conclude the trial of complaint case under Section 138 N.I. Act, expeditiously, preferably within a period of six months from the date of receipt of certified copy of this order, strictly in accordance with statutory provision of Sections 143(2) and 143(3) of the N.I. Act. Read more..

Andhra Pradesh High Court

Andhra Pradesh High Court grants four weeks interim bail on medical ground to N. Chandrababu Naidu in Skill Development Case

In the applications filed under Sections 437 and 439 read with Section 482 of the Criminal Procedure Code, 1973 seeking interim bail to facilitate the undertaking of necessary medical tests and treatment under the supervision of his personal physician, T. Mallikarjuna Roa, J., allowed the interim bail to the petitioner on the medical ground for four weeks from 31-10-2023 on the condition that the petitioner should furnish a bail bond of Rs 1,00,000 with two sureties of the like amount to the satisfaction of the Trial Court. The Court further directed that the petitioner should get himself treated at the hospital of his own choice and at his expenses. Read more..

Bombay High Court

WYNK v. TIPS Copyright Battle | “Statutory licenses under Section 31D restricted to traditional non-internet-based radio and television broadcasting and performances”; Bombay High Court affirms Single Judge order

In twin appeals challenging the decision in Tips Industries Ltd. v. Wynk Music Ltd., 2019 SCC OnLine Bom 13087, restraining Wynk from exploiting Tips’s copyright in audio files through their streaming service, the Division Bench of G.S. Patel* and Gauri Godse, JJ. observed that Wynk was not a charitable organization and not a service available to the public but specific subscribers, hence, claim under Section 31-D of Copyright Act, 1957 could not be allowed. Read more..

Sexual Assault Case | Investigating and Presiding Officers have duty to make victims comfortable before recording statements: Bombay High Court

In a case revolving around an application filed under Article 227 of the Constitution of India, challenging order passed by District Judge of 24 Parganas, Alipore, rejecting the appellants’ prayer for ad interim injunction to prevent the respondents from creating any third-party interests in the disputed property, a single-judge bench comprising of Siddhartha Roy Chowdhury,* J., held that the suit filed by the appellants is not maintainable in light of Section 79 of the Real Estate (Regulation and Development) Act, 2016 (RERA Act), which bars the jurisdiction of civil courts in matters within the purview of the RERA Act. Read more..

Know why Bombay High Court granted bail to alleged Sanatan Sanstha member in UAPA Case

In an appeal seeking bail on ground of parity, merits and long incarceration for matter involving offences punishable under Sections 4 and 5 of the Explosive Substances Act, 1908, Section 9-B of Explosives Act, 1884, Section 120-B of Penal Code, 1860 (‘IPC’) and Sections 16, 18 and 20 of Unlawful Activities (Prevention) Act, 1967 (‘UAPA’), the Division Bench of Revati Mohite Dere* and Gauri Godse, JJ. enlarged the accused on bail considering that the recovery made from house and godown were not under his name, and that the trial may take long while he had already been in custody since 5 years. Read more..

Bombay High Court| Wearing short skirts, dancing provocatively or making gestures cannot be per se obscene acts

In an application filed by the applicant seeking to quashing FIR registered at Umred Police Station, Nagpur Rural for the offences punishable under Sections 294 and 34 of the Penal Code, 1860, Sections 110, 131-A, 33-A, 112 and 117 of the Maharashtra Police Act, 1951 and Section 65(e) of the Maharashtra Prohibition Act, 1949, is heard and disposed of finally, a division bench of Valmiki Sa Menezes, and Vijay Joshi, JJ., quashed the FIR held that the ingredients of an offence under Section 294 of IPC, Sections 110, 131-A, 33-A, 112 and 117 of the Maharashtra Police Act, 1951 and Section 65(e) of the Maharashtra Prohibition Act, 1949 are not made out. Read more..

Bombay High Court denies appointment of arbitrator for dispute against MSME

In a bunch of applications filed under Section 11 of Arbitration and Conciliation Act, 1996 seeking appointment of arbitrator, Manish Pitale, J. rejected the same on the ground of maintainability since the respondent was a micro, small and medium enterprise (‘MSME’). Read more..

Calcutta High Court

‘Reputation is a crucial factor in society’; Calcutta High Court grants ad interim injunction restraining posting of defamatory content

In a case pertaining to a defamation claim and the issuance of a permanent injunction, a Division bench comprising of Harish Tandon and Prasenjit Biswas, JJ., held that it has the power to grant an injunction in a defamation case, even when monetary relief is sought, as reputation is a crucial factor in society. The Court opined that the right to freedom of speech and expression is not absolute and must be balanced with the protection of an individual’s reputation. Read more..

Calcutta High Court quashes conviction under POCSO Act; Calls for Legal Reform and safeguarding rights of adolescents in consensual relationships

In an appeal against conviction under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) where the question of criminalization of consensual relationships between older adolescents and the need for legal reform to address the evolving understanding of adolescent sexuality was raised, a Division bench comprising of Partha Sarathi Sen* and Chitta Ranjan Dash, JJ., quashed the appellant’s conviction under the POCSO Act and the IPC due to the unique circumstances of the case, including the consensual nature of the relationship and the subsequent birth of a child. Read more..

W.B. Panchayat Election 2023 | Calcutta High Court issues ‘Rule NISI’ under Rule 19 of Calcutta High Court Contempt of Court Rules, 1975

In a writ petition revolving around allegations of non-compliance with Court orders by the State Election Commission related to the deployment of central forces for election security in West Bengal, leading to concerns about the integrity of the election process in West Bengal, a division bench comprising of T.S. Sivagnanam,* CJ., and Uday Kumar, J., issued Rule NISI under Rule 19 of the Calcutta High Court Contempt of Court Rules, 1975. Read more..

Primary School Teachers Appointment | ‘Empanelment based on merit prevails over panel expiry plea’; Calcutta High Court directs to revisit recruitment process

In a writ petition challenging an order dated 05-12-2018 issued by the Commissioner of School Education (respondent 2) where the petitioner, a member of the ‘Rajbanshi’ community, was denied appointment to the post of primary school teacher under the Scheduled Caste Exempted category as part of the Recruitment Process of primary school teachers in 2006, a single-judge bench comprising of Rajarshi Bharadwaj,* J., based on the principles of substantial justice, held that the petitioner should not be deprived of appointment on the purported expiration of the panel. Read more..

Appellate Courts should choose acquittal over remand to safeguard rights of accused: Calcutta High Court

In an appeal against the order to remand the matter to the Municipal Magistrate for reconsideration from the stage under Section 313 of the Criminal Procedure Code, 1973 (CrPC), and write a fresh judgment, a single-judge bench comprising of Subhendu Samanta,* J., held that direction of the Appellate Court to remand the case before the Magistrate was erroneous. The Court held that when an Appellate Court identifies discrepancies in the prosecution’s case, its primary duty is to acquit the accused, rather than remand the case, especially when such discrepancies are not curable by further proceedings. Read more..

Calcutta High Court dismisses challenge to appointment of Fair Price Shop dealer on meeting of all eligibility criteria

In a writ petition seeking the quashment of the private respondent’s appointment as an Fair Price Shop (FPS) dealer and a direction to the state respondents to issue a fresh notification for the vacancy, and other related reliefs, a single-judge bench comprising of Bibek Chaudhuri,* J., upheld the appointment, on finding that the private respondent had met all eligibility criteria for the FPS dealership, and the petitioner’s objections were unfounded. Read more..

Suppression of income can be used to infer that husband has sufficient means to maintain his wife: Calcutta High Court

In a revision application which challenged the order pertaining to case to filed under Section 125 of the Criminal Procedure Code, 1973 (CrPC) for maintenance, a single-bench comprising of Bibhas Ranjan De,* J., held that husband is duty bound to disclose his actual income before the Court and observed that,

“Suppression of income can be a vital tool to come to a conclusion that petitioner/husband being an able-bodied person has sufficient income to maintain his wife.” Read more..

Expression of Interest must adhere to principles of fairness and non-discrimination; lack of transparency renders it arbitrary: Calcutta High Court

In a case involving a dispute between an association of LPG distributors, and the Indian Oil Corporation Ltd. (respondent) regarding the nature and validity of an Expression of Interest issued by respondent for the transportation of Indane LPG cylinders, a single-judge bench comprising of Bibek Chaudhuri,* J., determined that the Expression of Interest was an offer and not an invitation to offer and since the distributors were unable to propose counteroffers or negotiate terms, making the Expression of Interest a unilateral offer. However, the Court could not grant relief to the appellant due to their failure to comply with the statutory representation requirement under the West Bengal Societies Registration Act, 1961. According to the West Bengal Societies Registration Act, 1961 the writ petitions should be represented by the President, Secretary, or authorized office-bearer of the associations. Read more..

No public interest involved in distributorship decision amidst land ownership dispute; Calcutta High Court upholds LPG distributorship grant

In a writ petition related to a dispute over the distribution of Liquefied Petroleum Gas (LPG) distributorship under the Rajib Gandhi Gramin LPG Vitrak (RGGLV) Scheme on a portion of the joint property for which partition suit is pending, a single-judge bench comprising of Bibek Chaudhuri,* J., held that when a decision involves a commercial transaction, it is primarily guided by commercial considerations, including price, quality, ability to deliver goods or services, and past experience. The Court further held that no public interest or public law element was involved in the distributorship decision made by IOCL, therefore, the same cannot be held as arbitrary or irrational. The Court upheld the private respondent’s LPG distributorship from IOCL. Read more..

Courts should ensure witness testimonies are not motivated by revenge/external influence before allowing Section 319 CrPC application: Calcutta High Court

While deciding a revision petition seeking to challenge the trial court’s order of rejecting the application under Section 319 of the Code of Criminal Procedure, 1973 (CrPC), to arraign the proposed accused/opposite parties as accused in instant matter, a single-judge bench comprising of Shampa Dutt (Paul), J., dismissed the application and directed the trial court to proceed with the trial expeditiously. The Court held that the trial court may decide to bring important witnesses into the case during the trial, and applications related to this should be dealt with in accordance with the law. Read more..

Subsequent purchase of land acquired by State does not give purchaser right to challenge acquisition: Calcutta High Court

In an appeal challenging an order denying the appellant’s claim for compensation related to scheduled lands sought to be acquired by the National Highway Authorities, a division bench comprising of Debangsu Basak and Md. Shabbar Rashidi,* JJ., affirmed the impugned order denying the appellant’s claim for compensation. The Court held that the acquisition of the lands had been valid, and the subsequent purchase did not grant the appellant the authority to challenge the acquisition. The Court further held that subsequent notifications had no impact on the earlier acquisition. Read more..

How to evaluate a suit’s legality in application under Order 7 Rule 11(d) of CPC? Calcutta High Court answers

In an application under Article 227 of the Constitution of India against the impugned order rejecting the petitioner’s prayer for the rejection of the plaintiff’s complaint under Order 7 Rule 11(a) & (d) of the Code of Civil Procedure, 1908 (CPC), a single-judge bench comprising of Ajoy Kumar Mukherjee,* J., held that the lower court’s decision to reject the petition’s application was not perverse, and the lower court did not overstep its jurisdiction. Read more..

Calcutta High Court grants permission to hold peaceful ‘Religious Jalsha’ subject to maintenance of certain norms

In a writ petition revolving around seeking direction against respondent authorities to allow the petitioners to organise a religious jalsha, a single-judge bench comprising of Jay Sengupta,* J., disposed of the writ petition with granting permission for the religious program under specified conditions to ensure the safety and peace of the event. Read more..

Doctrine of Estoppel by Election inapplicable when Section 79 of the RERA Act clearly ousts civil courts’ jurisdiction: Calcutta High Court

In a case revolving around an application filed under Article 227 of the Constitution of India, challenging order passed by District Judge of 24 Parganas, Alipore, rejecting the appellants’ prayer for ad interim injunction to prevent the respondents from creating any third-party interests in the disputed property, a single-judge bench comprising of Siddhartha Roy Chowdhury,* J., held that the suit filed by the appellants is not maintainable in light of Section 79 of the Real Estate (Regulation and Development) Act, 2016 (RERA Act), which bars the jurisdiction of civil courts in matters within the purview of the RERA Act. Read more..

Anganwari helper post| Calcutta High Court upholds merit-based appointment of candidate belonging to Scheduled Caste community against unreserved vacancy

In a case challenging appointment of a candidate ranked 17 instead of petitioner who ranked 11, a single-judge bench comprising of Hiranmay Bhattacharyya,* J., held that the writ petitioner has failed to demonstrate that the respondent authorities have acted de hors the statutory provisions prevailing in the State of West Bengal with regard to reservation policy or that the authorities have acted illegally or in any arbitrary manner by appointing a Scheduled Caste candidate. Read more..

Magistrate duty bound to scrutinise complaint under Section 200 of CrPC, even if lodged by Public Servant: Calcutta High Court

In an application filed under Section 482 of the Code of Criminal Procedure, 1973 (CrPC), seeking the quashing of proceedings in complaint case pending before the Chief Judicial Magistrate, as well as all orders passed in that proceeding, a single-judge bench comprising of Ajoy Kumar Mukherjee,* J., held that the impugned orders passed by the Chief Judicial Magistrate did not reflect the application of judicial mind to determine whether there were sufficient grounds for proceeding and issuing process and thereby set aside the same. Read more..

Calcutta High Court orders preliminary assessment of Juvenile Offender’s mental and physical capacity to commit offence

In a case involving a challenge to the judgment and order of the Additional Sessions Judge regarding a preliminary assessment conducted by the Juvenile Justice Board (JJB), a single-judge bench comprising of Bibhas Ranjan De,* J., set aside both the orders passed by the Additional Sessions Judge and the order of the JJB. Read more..

Pre-Deposition Certificate by Controlling Authority under Section 7(7) of Payment of Gratuity Act, 1972 enables employer to file appeal without actual deposit: Calcutta High Court

In a review application challenging a series of legal actions related to the payment of gratuity, a division bench comprising of Rajarshi Bharadwaj and Shampa Dutt (Paul),* JJ., held that an employer can file an appeal by producing a certificate from the Controlling Authority stating that the required amount has been deposited under Section 7(7) of the Payment of Gratuity Act, 1972 and that this certificate is sufficient to enable the employer to file an appeal without transferring the deposited amount to the appellate authority. Read more..

Caring for one’s parents is inherent compassion, a choice beyond compulsion; Calcutta High Court quashes criminal proceeding against wife

In a revision application seeking the quashing of proceedings against the wife by husband for alleged assault and issuing threats to him, a single-judge bench comprising of Shampa Dutt (Paul), observed that the main dispute appears to be related to the sale or retention of the husband’s house. The Court held that the case diary lacks substantial evidence to prima facie substantiate the offenses alleged against the wife and continuing the legal proceedings would constitute an abuse of the legal process. The Court quashed the criminal proceeding against the wife with the observation that taking care of one’s parents is an emotional and loving act, which cannot be forced, therefore, the wife cannot be forced to leave her mother and reside with the husband. Read more..

Calcutta High Court upheld BL&LRO’s permission to private party for conducting Durga Puja on disputed land

In an application preferred under Article 226 of the Constitution of India, seeking protection of the property and direction with regards to prevention of obstruction of ingress and egress to the petitioners’ office, a single-judge bench comprising of Jay Sengupta, upheld the permission granted by the Block Land and Land Reforms Officer (BL&LRO) to the private respondents for conducting Durga Puja, since the private respondents have been conducting Durga Purja on the said land for so many years. Read more..

Detention not unlawful or illegal; Calcutta High Court rejects request for compensation and reinvestigation following acquittal

In a petition seeking compensation and a reinvestigation following the acquittal of the petitioners in a criminal case, a single-judge bench comprising of Hiranmay Bhattacharyya,* J., held that the detention was lawful and not illegal, leading to the dismissal of the petitioners’ claims for compensation and reinvestigation. Read more..

Calcutta High Court directs rectification of employee’s re-designation and retiral benefit calculation on violation of Article 14 of Constitution of India

In a case challenging prejudiced actions of the Damodar Valley Corporation (the Corporation) in terms of re-designation and re-fixation of retiral benefits, a single-judge bench comprising of Partha Sarathi Chatterjee,* J., held that the petitioner had been prejudiced by the non-communication of her final grading in APARs, which resulted in the deferment of her re-designations and the reduction of her salary. The Court that held the corporation’s actions were arbitrary and violated Article 14 of the Constitution of India. Read more..

Arbitrator’s failure to decide on Interest Claim amounts to a “Decision”, Calcutta High Court allows challenge under Section 34 of Arbitration and Conciliation Act

In an application seeking clarification on whether the arbitrator’s refusal or disinclination to decide on the applicant’s claim for interest under the MSMED Act amounts to a “decision” and whether the petitioner has the right to challenge this decision in a petition filed under Section 34 of the Arbitration and Conciliation Act, 1996, a single-judge bench comprising of Moushumi Bhattacharya,* J., held that the refusal or failure of the arbitrator to decide on issue of interest amounted to a “decision”. The Court observed that the issue of interest is integral to the award and cannot be separated from it and appellant’s challenge to the award, based on the arbitrator’s failure to rule on the interest issue, is deemed legitimate. Read more..

Calcutta High Court directs rectification of employee’s re-designation and retiral benefit calculation on violation of Article 14 of Constitution of India

In a case challenging prejudiced actions of the Damodar Valley Corporation (the Corporation) in terms of re-designation and re-fixation of retiral benefits, a single-judge bench comprising of Partha Sarathi Chatterjee,* J., held that the petitioner had been prejudiced by the non-communication of her final grading in APARs, which resulted in the deferment of her re-designations and the reduction of her salary. The Court that held the corporation’s actions were arbitrary and violated Article 14 of the Constitution of India. Read more..

“Life Imprisonment for remainder of natural life a more humane substitute to address recidivism concerns”; Calcutta HC commutes Death Sentence in Rape and Murder case

In a case involving multiple appeals and death references against a judgment and order passed by the Additional District & Sessions Judge where the appellants are convicted for heinous crimes of rape and murder committed against the victim, a division bench comprising of Ajay Kumar Gupta and Joymalya Bagchi,* JJ., held that the State had failed to prove the conspiracy and shared common intention of the appellants beyond a reasonable doubt, and the death penalty was unwarranted. The Court also stated that, “Alternative punishment of life imprisonment for the remainder of natural life is a more humane substitute that adequately addresses societal concerns of recidivism.” Read more..

College authorities must issue NOC for Transfer Requests; Suitability not their Domain: Calcutta High Court

In a case seeking directions to the college authorities to issue No Objection Certificate (NOC), which is a prerequisite for the transfer, a single-judge bench comprising of Subhendu Samanta,* J., held that the petitioner’s prayer for a transfer was justified, and the college authorities’ delay in responding to the NOC request was arbitrary because college authorities were not empowered to consider the suitability of the transfer; this authority rested with the State Directorate of Public Instruction. Read more..

West Bengal post-Panchayat Polls violence | Calcutta High Court directs investigating officer to expedite investigation

In a case where the petitioner sought court’s intervention to ensure a proper investigation into a politically motivated attack on them and their family, a single-judge bench comprising of Jay Sengupta,* J., ordered the investigating officer to expedite the investigation and directed the continuation of certain facilities for the petitioner’s benefit. Read more..

“No violation of Kolkata Municipal Corporation Building Rules, 2009”; Calcutta High Court refuses to quash sanctioned building plan

In a writ petition seeking to challenge the sanction of the building plan due the unauthorized and illegal construction, a single-judge bench comprising of Partha Sarathi Chatterjee,* J., held that the building plan was approved in compliance with the Kolkata Municipal Corporation Building Rules, 2009 (Building Rules), and the petitioner had the legal standing to challenge the construction. Read more..

‘Jurisdiction under Article 227 is vast, should be exercised sparingly’; Calcutta High Court upholds lower court’s order to condone delay

While dismissing the application filed under Article 227 of the Constitution of India, challenging a judgment and order passed by the Civil Judge (Sr. Division), Alipore, a dingle-judge bench comprising of Ajoy Kumar Mukherjee,* J., found no illegality, irrationality, or procedural impropriety in the lower court order’s to condone the delay and set aside the order of abatement. The Court emphasized that the rules of limitation were not meant to destroy the rights of parties and that the word “sufficient cause” under Section 5 of the Limitation Act should receive a liberal construction to advance substantial justice. Read more..

Lack of property title renders Suit for specific performance unenforceable: Calcutta High Court

In an appeal revolving around a dispute regarding a specific performance of a contract for a property transaction, a single-judge bench comprising of Siddhartha Roy Chowdhury,* J., held that the suit for specific performance was filed outside the period of limitation according to Article 54 of the Limitation Act, 1963. Moreover, the respondents have no title to transfer the property as per a prior compromise decree, rendering the specific performance of the contract unenforceable. Read more..

Calcutta High Court quashes unauthorised construction charge under Section 401A of KMC Act, 1980

In a revision application seeking the quashing of legal proceedings related to the complaint alleging the unauthorized construction of a rooftop structure on a five-storied building located in violation of Section 401-A of the Kolkata Municipal Corporation Act, 1980 (KMC Act), a single-judge bench comprising of Bibhas Ranjan De, J., held that the complaint and the evidence collected did not disclose the commission of any offense or make out a case against the petitioner concerning unauthorized construction. Read more..

“Procedural technicalities should not override substantive provisions of law”, Calcutta High Court affirms ex-parte eviction decree

In an appeal against the setting aside the ex-parte eviction decree on the grounds that the trial court did not formally admitted certain documents into evidence, a single-judge bench comprising of Ajoy Kumar Mukherjee,* J., held that procedural technicalities should not override the substantive provisions of the law, particularly when the defense has been struck off, and the suit is scheduled for ex-parte hearing. Read more..

Calcutta High Court dismisses revisional application; leaves property distinction determination to Trial Court

In a revisional application challenging the trial court’s order which allowed the application for substitution of legal representative of the deceased plaintiff based on registered Will, a single-judge bench comprising of Shampa Sarkar, J. opined that an Executor has the authority to represent the estate of the deceased, and the onus is the opposite party-respondent to prove his right to maintain the suit. Read more..

SSRB’s refusal to grant premature release to convicts incarcerated for more than 22 years unjust and unlawful: Calcutta High Court

In a case related to refusal of request for premature release by the convicts who have been incarcerated for more than 22 years for offence of gang rape, a single-judge bench comprising of Sabyasachi Bhattacharyya,* J.., held that State Sentence Review Board (SSRB) had failed to provide specific reasons for their decision to refuse the requests, and their concerns about the impact of the crime on society were unsubstantiated. Read more..

Eviction Decree based on reasonable requirement valid even without considering ground of building/rebuilding: Calcutta High Court

In a second appeal challenging the eviction decree on ground of reasonable requirement, a single-judge bench comprising of Ajoy Kumar Mukherjee,* J., held that decree of eviction on the ground of reasonable requirements under Section 13(1)(ff) of the West Bengal Premises Tenancy Act, 1956 (the Act) remained valid even if the ground of building and rebuilding was not considered. Read more..

Calcutta High Court directs Competent Authority to enquire alleged irregularities in Diamond City West Apartment Owners’ Association

In a petition seeking Court’s opinion about the Competent Authority’s obligation to investigate the irregularities regarding illegal functioning of the Diamond City West Apartment Owners’ Association (Association) under Section 16-B of the West Bengal Apartment Ownership Act, 1972 (the Act), a single-judge bench comprising of Sabyasachi Bhattacharyya,* J., held that the Competent Authority is obligated to investigate the complaints regarding the functioning of the Association and directed the Competent Authority to conduct a preliminary investigation and form an opinion within two weeks. The Court rejected the respondents’ arguments against individual members filing complaints with the Competent Authority. Read more..

Eviction suit cannot be stayed amid pending declaratory suit when scope of inquiry in two suits is different

In an application under Article 227 of the Constitution of India, filed by the petitioner (defendant 2) challenging an order dated 16-08-2023, passed by the Civil Judge, Alipore, in a suit for eviction, a single-judge bench comprising of Hiranmay Bhattacharyya,* J., held that that the eviction suit cannot be stayed on the ground of the pendency of the declaratory suit since the scope of inquiry in the two suits is different. Read more..

Court has wide discretion to interpret ‘What is cruelty’, literally and contextually: Calcutta High Court upholds divorce on ground of ‘Cruelty’

In an appeal against the divorce and custody proceedings, a division bench comprising of Siddhartha Roy Chowdhury* and Soumen Sen, JJ., held the husband’s behavior, such as withdrawing from the company of his wife, living separately in the same house, and subjecting her to physical and mental abuse, amounted to cruelty and therefore, case of divorce is proved. Regarding custody of the child, the Court held that the husband is not a fit person to have custody due to his non-payment of maintenance and lack of cooperation. Read more..

Writ Court cannot resolve Private/Contractual Disputes or Questions of Ownership in Land Dispute Cases: Calcutta High Court

In a writ petition where the primary issue was the ownership of the land, which had been in dispute since 1972, a single bench comprising of Bibek Chaudhuri,* J., held that this dispute should be resolved by a civil court, not a writ court. The Court affirmed that while illegal, irrational, or malafide actions of the State or its instrumentalities are open to judicial review, a writ court should not be used to resolve private disputes, contractual issues, or questions of ownership. Read more..

Chhattisgarh High Court

Wife expressing doubt towards her husband for frequently coming late at night does not constitute cruelty: Chhattisgarh High Court sets aside divorce decree

In an appeal filed by the appellant-wife to challenge the judgment and decree dated 26-10-2017 passed by the Family Court, Rajnandgaon, Chhattisgarh (‘Family Court’), whereby the divorce was granted to the respondent-husband, the Division Bench of Goutam Bhaduri* and Deepak Kumar Tiwari, JJ., opined that though the husband stated that many efforts were made to bring back the wife, but nothing was there on record to appreciate the same. Thus, the ground of desertion was not fully established by the husband before the Family Court to get a decree of divorce. The Court also opined that though the issue of cruelty was not before the Family Court, but the Family Court observed it and also, failed to consider the aspects related to human relations or behaviour inter se. Thus, the Court sets aside the impugned judgment passed by the Family Court. Read more..

Recording phone conversations without consent violates right to privacy under Article 21 of the Constitution: Chhattisgarh High Court

In a case wherein, the petitioner-wife had challenged the order dated 21-10-2021, whereby the application filed by the respondent-husband under Section 311 of Criminal Procedure Code, 1973 (‘CrPC’) was allowed, Rakesh Mohan Pandey, J., opined that the husband had recorded wife’s conversation without her knowledge and behind her back, which amounted to violation of her right to privacy and the right guaranteed under Article 21 of the Constitution. The Court opined that the Family Court, Mahasamund, Chhattisgarh (‘Family Court’) had committed an error of law in allowing an application and thus, set aside the order passed by the Family Court on 21-10-2021. Read more..

Demands made to recover loan amount cannot be treated as abetment to suicide

In a case wherein, the petition was filed under Section 482 of the Criminal Procedure Code, 1973 to quash the charge-sheet and set aside the order dated 18-09-2017, Ramesh Sinha, CJ., opined that the any demands made by the petitioner to recover the loan amount could not be treated as an abetment, as any person who had given loan would certainly like to get it back. Thus, the Court discharged the petitioner form the charge under Section 306 of the Penal Code, 1860 (‘IPC’) and set aside the order dated 18-09-2017. Read more..

Delhi High Court

Delhi High Court restrains China Social from using mark ‘SOCIAL’ for services related to food; grants injunction to Impresario Entertainment and Hospitality (P) Ltd.

The present suit was filed by plaintiff, Impresario Entertainment and Hospitality (P) Ltd. seeking enforcement and protection of its trade mark/service mark ‘SOCIAL’, used in respect of restaurants, coffee shops and other eating outlets. Prathiba M. Singh, J., directed that defendant through its proprietor, Debaditya Chaudhury shall stand restrained from using the mark ‘CHINA SOCIAL’ or any other mark or name for services related to food, including restaurants, cafes, etc., under the mark ‘CHINA SOCIAL’ or any other mark which consisted of the word ‘SOCIAL’ or any other deceptively similar mark/name from 01-01-2024. Read more..

Delhi High Court directs Tree Officer and Municipal Corporation of Delhi to ensure preservation of 140-160 years old banyan tree in Nai Sarak’s area

In a case wherein a petition was filed to direct Respondent 1 to take immediate steps to prohibit and demolish the illegal and unauthorized construction in Nai Sarak, Delhi, by or at the instance of Respondent 2, Prateek Jalan, J., directed the Tree Officer and the Municipal Corporation of Delhi (‘MCD’) to carry out a joint inspection at the site and to take such action as required to ensure the preservation of the banyan tree which was approximately 140-160 years old. Read more..

[National Policy on Biofuels] Change in policy causing hardship or contrary to group interest does not necessarily render it unconstitutional

A PIL was filed raising concerns regarding the National Policy on Biofuels, 2018 [“NBP 2018”], promulgated by the Ministry of Petroleum and Natural Gas, Government of India (respondent 2) on 04-06-2018, and subsequently amended on 15-06-2022. A division bench of Satish Chandra Sharma, CJ., and Sanjeev Narula, J., held that given the in-built mechanism of the NBP 2018, aimed at balancing the country’s competing needs, the Petitioner’s anxiety over the possible ramifications on accessibility and availability of food as well as the industry, does not call for this Court’s intervention. Read more..

Delhi High Court grants interim injunction to SmithKline Beecham Limited for its ‘GSK’ mark

In an application filed under Order 39 Rules 1 and 2 of the Civil Procedure Code, 1908 (‘CPC’), Prathiba M. Singh, J., applied the test of triple identity and opined that in the present case, the defendant had made out a prima facie case for the grant of an injunction and accordingly restrained the defendant, till the next date of hearing, from manufacturing, selling, offering for sale or using in any manner including on the internet, the mark “GSK” in respect of eyewear, optical wear or any other lenses or any other cognate and allied products. Read more..

Delhi High Court quashes proceedings under S. 56 FERA for violation of principles of natural justice

A petition was filed under Article 226 and 227 by the petitioner seeking issuance of a direction or an order thereby quashing the impugned proceedings initiated under Section 56 of Foreign Exchange Regulation Act, 1973 (‘FERA’) by the Enforcement Directorate dated 04-04-2002. Tushar Rao Gedela, J., quashed the ex parte proceedings issued by the ED dated 04-04-2022 including the complaint and held that since the show cause notice or opportunity notice was never served upon the petitioner, the consequent proceedings initiated under Section 56 FERA cannot be continued. Read more..

‘Right to marry a person of their own choice is indelible and protected under Constitution’: Delhi HC directs State to provide protection to couple who married against parents’ wishes

In a petition filed under Article 226 of the Constitution read with Section 482 of Criminal Procedure Code, 1973 (‘CrPC’) seeking issuance of writ directing the State to provide protection to the petitioners, who married against their parents’ wishes, Tushar Rao Gedela, J., opined that the petitioners were major and married, thus, no one, not even the family members could object to such relation or to matrimonial ties between the petitioners. Thus, the Court directed the State to provide protection to both the petitioners and ensure that no harm befalls either of them. Read more..

Delhi High Court | DNA Test vitiates the Legal Presumption of Paternity under Section 112 of Evidence Act

A petition was filed under Section 482 of the Criminal Procedure Code (‘CrPC’) by the petitioner seeking to set aside the impugned judgment dated 20-03-2019 passed by the District and Sessions Judge, South-East District, Saket, Delhi in criminal appeal vide which the Sessions Court had upheld judgment passed by Metropolitan Magistrate, Saket, Delhi. Swarana Kanta Sharma, J., upholds the impugned order and held that in face of DNA report existing on record, respondent 1 cannot be held liable to make payment of maintenance to the child, even though the child was born during the subsistence of marriage between the petitioner and respondent 1. Read more..

[Paristone v. Prestige] Delhi High Court restrains manufacturers from using trade dress identical to “PRESTIGE” mark for its pressure cookers

In a case wherein there was alleged design piracy and trade mark infringement and passing off, by defendants, of the Svachh line of pressure cookers manufactured by plaintiff under the name “PRESTIGE”, C. Hari Shankar, J.*, restrained defendants and all others acting on their behalf from manufacturing, selling, offering for sale, exporting, advertising or in any other manner directly or indirectly dealing in pressure cookers bearing the impugned design or any other design which infringed the suit design. The Court further restrained defendants from using the trade dress for its mark, which was almost identical to the trade dress used by plaintiff for its mark. Read more..

‘Can have communal over-tones’; Delhi High Court denies ‘Mission Save Constitution’ to hold All India Muslim Maha Panchayat on Ramlila ground on 29-10-2023

Petitioner approached this Court praying for an appropriate writ/order/direction to quash a communication issued by Respondent 2, Deputy Commissioner of Police (‘DCP’), Central District, revoking No Objection Certificate (‘NOC’) granted to petitioner for holding an event on 29-10-2023. Petitioner also prayed for quashing of a communication issued by Respondent 3, cancelling the booking of the Ramlila Ground, Delhi, which had been booked by petitioner for holding the said event on 29-10-2023. Read more..

Delhi High Court restrains FrancisByte from advertising, publishing video reflecting WOW! MOMO mark

In an application under Order 39 Rules 1 and 2 of the Civil Procedure Code, 1908 (‘CPC’) for the grant of interim injunction, C. Hari Shankar, J., till the next date of hearing, restrained the defendant and others acting on its behalf from directly or indirectly using, advertising or publishing any video which reflected the trade mark, ‘WOW! MOMO’ or any other mark identical or deceptively similar to the plaintiff’s registered trademark. Read more..

Approval of Resolution Plan under IBC extinguishes all claims, dispute cannot be urged again before Arbitral Tribunal: Delhi High Court

In a case wherein, the petitioner, Indian Oil Corporation Limited, sought to invoke the jurisdiction of the present Court under Section 11 of the Arbitration and Conciliation Act, 1996, Yashwant Varma, J.*, opined that the approval of the Resolution Plan clearly amounted to the extinguishment of all the debts that were owed by the corporate debtor except to the extent as was admitted in the Resolution Plan. The Court opined that once it was accepted that the approval of the Resolution Plan resulted in the extinguishment of all claims that the petitioner might have had, the dispute which was sought in the present case, could not be permitted to urged again before the Arbitral Tribunal, as that would amount to rewriting upon the clean slate. Thus, the Court applied the eye of the needle test and concluded that the disputes mentioned in the petition were non-arbitrable and no reference to Arbitral Tribunal was warranted. Read more..

‘Listings play crucial role in online marketing, sales’; Delhi High Court restrains Grey Mantra Solutions from manufacturing tea products in trade dress identical to ‘Chaayos’

In a case wherein plaintiff, Sunshine Teahouse Ltd. was the owner of the brand name ‘CHAAYOS’ and defendant, Grey Mantra Solutions had copied several distinctive elements of plaintiff’s packaging, which formed a substantial imitation of plaintiff’s trade dress, Prathiba M. Singh, J., restrained defendant from making any fresh manufacture of their tea products in the impugned trade dress packaging which had copied various distinctive elements and were a colourable imitation of plaintiff’s product packaging and insofar as the already manufactured products were concerned, the details of the inventory shall be placed on record along with the monetary value of the same. Read more..

Notification disallowing use of donor gametes in surrogacy contradicts principles under Surrogacy (Regulation) Act, 2021 and Assisted Reproductive Technology (Regulation) Act, 2021

Petitioners before this Court were intending couples availing surrogacy services under the Surrogacy (Regulation) Act, 2021 (‘Surrogacy Act’), whose long-anticipated surrogacy procedures had been abruptly halted on account of the Notification No. 179(E) dated 14-03-2023, issued by the Ministry of Health and Family Welfare (‘Impugned Notification’), by which the use of donor gametes in surrogacy procedures was disallowed by amending Paragraph 1(d) of Form 2 under Rule 7 of the Surrogacy (Regulation) Rules, 2022 (‘Surrogacy Rules’). Read more..

Delhi High Court quashes FIR registered u/s 12 of POCSO Act against man suffering from Psychosis with Borderline Intellectual Ability

In a case wherein, the petition was filed under Section 482 of the Criminal Procedure Code, 1973 (‘CrPC’) to quash the FIR dated 30-11-2021 under Sections 354-D of the Penal Code, 1860 (‘IPC’) and Section 12 of the Prevention of Children from Sexual Offences Act, 2012 (‘POCSO’), Tushar Rao Gedela, J., opined that the medical records and the medical board constituted by AIIMS comprising of four senior doctors had generated a report, which also stated that the petitioner was suffering from Psychosis N.O.S. (Not Otherwise Specified) with Borderline Intellectual Ability. Thus, considering the medical opinion coupled with no objection given by the victim’s father, the Court quashed the registered FIR. Read more..

Extremely difficult for examination agencies to identify exact number of students engaged in malpractices; Delhi HC dismisses plea challenging cancellation of exam

In a case wherein, a petition under Article 226 of the Constitution was filed to set aside the impugned notice dated 26-10-2012, Chandra Dhari Singh J., opined that it became extremely difficult for the agencies conducting such examinations to determine the exact number of students engaged in such malpractices and irregularities. The Court opined that any writ could not be issued in the present case as, to maintain the sanctity of the recruitment process, the Delhi Skill and Entrepreneurship University (‘DSEU’) was well within its authority to cancel the examination process, and thus dismissed the petition. Read more..

Delhi High Court grants bail to accused alleged in organised crime with Sukesh Chandrashekhar in extortion case

An application was filed seeking bail in a case registered under Sections 170, 384, 386, 388, 419, 420, 506, 186, 353, 463, 471 and 120-B of Penal Code, 1860 (IPC), 66-D Information Technology Act, Section 3 & 4 of Maharashtra Control of Organised Crime Act, 1999 (‘MCOC’ Act) registered at PS Special Cell. Dinesh Kumar Sharma, J., granted bail to the applicant based on prima facie view taken in view of evidence on record and totality of other facts and circumstances. Read more..

[PMLA] Delhi High Court refuses bail on medical grounds; Directs Jail Superintendent to ensure safety of the accused

A bail application was filed under Section 439 of the Criminal Procedure Code read with Section 45 and 65 of the Prevention of Money Laundering Act, 2002 (‘PMLA’), seeking grant of regular bail in a case registered at the Police Station Directorate of Enforcement on 22-08-2022 under Sections 3 and 4 of PMLA, primarily on medical grounds. Swarana Kanta Sharma, J., refused bail and held that the directions issued by this Court vide order dated 04-09-2023 shall be complied with by the jail authorities to ensure that applicant is taken for follow-up and physiotherapy sessions at VNA Hospital. Read more..

Delhi High Court grants interim injunction to Phonographic Performance Limited in a copyright infringement dispute

In a case wherein, an application under Order 39 Rules 1 and 2 of Civil Procedure Code, 1908 (‘CPC’) was filed, C. Hari Shankar, J., opined that balance of convenience was clearly in favour of the plaintiff. The Court opined that forbearance from granting the relief of interim injunction would enable the defendants to continue exploiting the plaintiff’s copyright, which resulted in irreparable prejudice to the plaintiff. Thus, the Court restrained the defendants and all others acting on their behalf from exploiting or using or in any manner, or transmitting the plaintiff’s copyrighted works forming part of its repertoire available on its website or at any of its premises, without obtaining a prior license from the plaintiff. Read more..

Delhi High Court directs selling unfilled cans with infringed RED BULL marks till 31-01-2024; Directs damages of Rs. 13 lakhs

A suit was filed by Red Bull AG (plaintiff) seeking a direction for the disposal of unfilled cans considering the injunction granted against the defendant for the adoption of an identical silver and blue colour combination for identical energy drinks. Prathiba M Singh, J., directed to dispose of the unfilled cans till 31-01-2024, and any goods that are not disposed of by 31-01-2024, shall be destroyed by the defendants. Read more..

Delhi High Court grants eight-days interim bail to POCSO accused for participating in his brother’s last rites

In a case wherein, the applicant filed the bail application, Amit Sharma, J., granted the interim bail with certain conditions for a period of eight days from the date of his release. The Court stated that the bail was subject to his furnishing personal bond of Rs. 50,000 with surety of the like amount, to the Trial Court’s satisfaction and disposed of the application. Read more..

Delhi High Court refuses relief to HULM Entertainment’s online fantasy sports App EXCHANGE22 in copyright infringement dispute

Two applications were filed one under Order XXXIX Rules 1 and 2 Civil Procedure Code (CPC) filed by the plaintiffs and the other under Order XXXIX Rule 4 CPC preferred by defendant 1, seeking vacation of ex-parte ad interim injunction granted vide order dated 13-04-2022, restraining the defendants inter alia from making available for downloads or in any manner unauthorizedly using plaintiffs’ copyrighted work through MYFAB11 App or any other similar App using the impugned application or computer programme so as to result in infringement of plaintiffs’ copyrighted works. Jyoti Singh, J., held that there is no copyright infringement by the defendants and the ex parte injunction order dated 13-04-2022 was vacated. Read more..

DPS, Sahibabad and Ghaziabad can use DPS marks only for an academic year 2023-2024; New name to be adopted from academic session 2025

A suit was filed by Delhi Public School Society (plaintiff) seeking permanent injunction restraining misuse of the plaintiff’s name ‘DELHI PUBLIC SCHOOL’, mark ‘DPS’ along with their logos (collectively known as DPS Marks). Prathiba M Singh, J., held that the defendant school shall not use the mark ‘DPS’, logo, and name or any of the trademarks of the plaintiff after the current academic year that is ending on 31-03-2024. Read more..

Delhi High Court refuses to stay the registration for the mark ‘SCHEZWAN CHUTNEY’

In a case wherein, the rectification petition was filed by the petitioner, Vimal Agro Products Private Limited under Section 57 of the Trade Marks Act, 1999 (‘the TM Act’) for cancellation of trade mark ‘SCHEZWAN CHUTNEY’, Prathiba M. Singh, J., opined that the Division Bench of this Court had prima facie observed that the mark had acquired secondary significance and moreover, the issue of jurisdiction would also have to be considered first, as the petitioner in its application under Section 124 of the TM Act had clearly pleaded that the Bombay High Court had the jurisdiction. Thus, the Court stated that it was not inclined to stay the impugned trade mark registration for the mark ‘SCHEZWAN CHUTNEY’. Read more..

‘Failed to implement 4% reservation criteria for persons with benchmark disability’; Delhi HC sets aside 2018 recruitment advertisement published by Kendriya Vidyalaya Sangathan

The petitioner, National Federation of the Blind (‘federation’) was aggrieved by non-implementation of statutory reservation for Persons with Disabilities (‘PwDs’), particularly for blind persons, in recruitment process by respondent, Kendriya Vidyalaya Sangathan (‘Sangathan’). The petitioner seeks implementation of statutory and constitutional mandate regarding reservations for persons with visual disabilities. The Division Bench of Satish Chandra Sharma, C.J.*, and Sanjeev Narula, J., held that respondent has failed to implement minimum 4% reservation criteria as per Section 34 of the Rights of Persons with Disabilities Act, 2016 (‘the Act’) in Advertisement No. 14 (‘impugned advertisement’) published by respondent for recruitment and thus, the same was set aside. The Court further held that the impugned advertisement distinguished persons with disabilities from others and had put a restriction on their potential to participate in the recruitment process to their full ability and as per Section 33 of the Act, the primary function of identification of posts was of appropriate government, thus, there was no power with respondent or its committee to revisit and cut short the list notified by the government. Read more..

Non-possession of valid Permit entitles Insurance Company to recover compensation paid, from the owner of vehicle

In a case wherein an appeal had been filed challenging the Award passed by the Motor Accident Claims Tribunal, Rohini, Delhi (‘Tribunal’), wherein the liberty was granted by the Tribunal to Respondent 1, to recover compensation paid by Respondents 2 to 5, from the appellant, Navin Chawla, J.*, held that non-possession of a valid and effective Permit shall entitle the Insurance Company to seek a right to recover the compensation paid to the claimants from the owner of the offending vehicle and such a right would also be available to the Insurance Company where the offending vehicle was being operated at the time of the accident at a place for which it did not have a valid Permit. Read more..

Delhi High Court directs government to refund Rs. 7.12 cr to Vodafone Idea Ltd. paid as IGST towards its international services

In a case wherein petitioner filed a petition impugning a common order dated 31-08-2022 passed by Respondent 2, the Appellate Authority dismissing the appeals preferred by the petitioner under Section 107 of the Central Goods and Services Tax Act, 2017 (‘CGST Act’) against orders passed by the Adjudicating Authority, the Division Bench of Vibhu Bakhru* and Amit Mahajan, JJ., held that the period between 01-03-2020 and 28-02-2022 was required to be excluded for the purpose of limitation for refund claims in terms of the GST Notification 13/2022-Central Tax dated 05-07-2022 and therefore, the claims could not be said to be time barred. Further, the Court directed the respondents to refund the amounts as claimed by petitioner. Read more..

Delhi High Court permanently injuncts website ‘sastajoota.com’ from selling counterfeit products under the mark “PUMA”

In a case wherein Defendant 1, trading as ‘Sastajoota’ was selling counterfeit duplicate “PUMA” sportswear and shoes, C. Hari Shankar, J.*, held that Defendant 1, as well as all others acting on its behalf, shall stand permanently injuncted from dealing, in any manner, including by way of purchase and sale, whether physically or online, of any products, including footwear, sportswear, apparels or accessories thereof, under the mark “PUMA”, and Form strip logo or any other identical or deceptively similar marks or logos. Read more..

Delhi High Court issues directions to increase awareness about social, developmental schemes for prisoners and their dependents

In a case wherein a suo motu Public Interest Litigation (‘PIL’) was registered in respect of the well-being of the family members of under trial prisoners as well as convicts, the Division Bench of Satish Chandra Sharma, C.J., and Sanjeev Narula, J., opined that various departments and ministries including Ministry of Skill Development, Ministry of Housing and Urban Affairs, and Ministry of Rural Development, etc. were actively implementing social and developmental schemes and the dependents of prisoners were eligible to benefit from these programs. However, the Court issued directions to increase awareness and publicity of the existing schemes, ensuring that prisoners and their dependents were informed and could readily access the respective benefits. Read more..

Delhi High Court grants permanent injunction in favour of Himalaya Wellness Company for its ‘LIV.52’ mark

In a case wherein, the suit was filed by the plaintiffs, Himalaya Wellness Company, for the grant of permanent injunction, C. Hari Shankar, J.* granted the permanent injunction to the plaintiffs and restrained the defendants from using the mark ‘LIV.55’, ‘LIV 55’ or ‘LIV.999’ or any other mark which deceptively similar to the trade dress of the plaintiff in respect of its ‘LIV.52’ product, either for liver tonics or for any other pharmaceutical preparations or allied goods. Read more..

Consent of parties does not confer validity to marriage violating condition specified u/s 5(i) of Hindu Marriage Act, 1955

In a case wherein, the appeal was filed under Section 19 of the Family Courts Act, 1984 was filed on behalf of the appellant against the judgment dated 29-11-2017, whereby the petition under Section 11 of the Hindu Marriage Act, 1955 (‘the HMA’) was allowed and the marriage between the parties was declared null and void, the Division Bench of Suresh Kumar Kait and Neena Bansal Krishna, JJ.* opined that once there was a legal bar to the performance of the second marriage, the consent of the parties could not confer validity to the marriage held in violation of the condition specified in Section 5(i) of the HMA. The Court opined that the very fact that the wife had claimed and accepted pendente lite maintenance during the appeal from her first husband fortified that the marriage was not finally dissolved. Thus, the Court concurred with the Family Court’s decision that the marriage between the parties was rightly declared as nullity under Section 11 of HMA and dismissed the present appeal. Read more..

Delhi High Court directs its administration to ensure that Commercial Courts are made fully functional whenever infrastructure and Officers are available

A Public Interest litigation (‘PIL’) was filed for issuance of an appropriate writ, order, or direction, directing the respondents to set up Commercial Courts in Delhi, in furtherance of the decision taken by the Cabinet of the Government of Delhi for creation of 22 Commercial Courts and 42 additional posts of judges in Delhi. The Division Bench of Satish Chandra Sharma, C.J., and Sanjeev Narula, J., directed that the Delhi High Court (‘High Court’) shall ensure that all the Commercial Courts were made fully functional as and when the infrastructure was available and Officers were available to be appointed to the post of District Judge, Commercial Courts. Read more..

Party given an option to choose from list of five arbitrators, shows panel is not broad based

The petitioner filed a petition under Section 11 of the Arbitration and Conciliation Act, 1996 (‘Act’) seeking appointment of an arbitrator/arbitral tribunal for adjudication of disputes, which had originated between the petitioner and the respondent in a lease agreement. Rekha Palli, J.*, allowed the petition and held that the petitioner’s prayer for appointing an independent impartial tribunal to adjudicate the disputes between the parties was accepted. Read more..

[S. 376 IPC] Delhi High Court| Discharging an accused based on the outcome of the polygraph test at the stage of charge is erroneous

A revision petition was filed by the petitioner under Sections 397, 401 read with Section 482 of Criminal Procedure Code, 1973 (‘CrPC’) assailing the order on charge dated 15-02-2023 passed by Additional Sessions Judge and seeking framing of charges for offences punishable under Sections 376, 323, 354, 354-B, 506 and 34 of Penal Code, 1860 (‘IPC’) in case arising out of FIR No. 43/2019, registered at Police Station Paschim Vihar East, Delhi for offences punishable under Sections 323, 354, 354-B, 509, 506 and 34 of IPC. Swarana Kanta Sharma, J., sets aside the impugned order to the extent whereby respondent 2 was discharged under Section 376 of IPC and respondents 4 and 5 were discharged under Section 323 and 34 of IPC. Read more..

Delhi High Court stays eviction order passed against Rajya Sabha MP Raghav Chadha

An appeal was filed challenging the order dated 05-10-2023 passed on a review application filed under Order XLVII Rule 1 CPC, seeking review of order dated 18-04-2023 by which the Trial Court had, on an application under Order XXXIX Rules 1 & 2 Civil Procedure Code, granted to the appellant ad-interim protection against being dispossessed from Bungalow No. AB-5, Pandara Road, New Delhi, without due process of law. Anup Jairam Bhambhani, J., stayed the impugned order and directed the appellant to re-present the plaint before the Trial Court within 03 days of the pronouncement of the present judgment and also directed the Trial Court to proceed with the matter by first deciding the application under Order XXXIX Rules 1 & 2 CPC, which stands restored before it and thereafter to proceed with the suit, in accordance with law. Read more..

Delhi High Court grants permanent injunction to Modicare Limited for its ‘WELL’ mark

In a case wherein, the plaintiff had filed an application seeking summary judgment under Order 13-A of the Civil Procedure Code, 1908 (‘CPC’), Prathiba M. Singh, J.*, opined that the present case was a fit case for the grant of summary judgment as per Order 13A of the CPC and permanently restrained the defendants from manufacturing, selling, offering for sale any cosmetics, wellness or nutraceuticals products under the formative ‘WELL’ marks. The Court further clarified that the present order did not recognize monopoly or exclusivity for the plaintiff’s ‘WELL’ marks and directed the online listings of the defendant’s product to be taken down from the defendants’ and any third-party websites. If the defendants did not take them down within two weeks, the plaintiff was free to write all online platforms to seek delisting of these infringing products. Read more..

Delhi High Court restrains ‘Biggbos.live’ website from unauthorized broadcasting of reality show ‘Bigg Boss’ on plea by Viacom18

Plaintiff, Viacom18 Media (P) Ltd., a leading broadcaster had filed the present suit seeking protection of rights including reproduction rights in the programme ‘Bigg Boss’ in all formats, against Defendants 1 to 5, who were streaming and downloading websites. Prathiba M. Singh, J., restrained Defendants 1 to 5 from broadcasting, telecasting, streaming, retransmitting, and hosting any episodes of the Bigg Boss programme, which had already been telecasted or which were likely to be telecasted in future. Read more..

Wife not entitled to interim maintenance u/s 24 of Hindu Marriage Act, 1955 when both spouses qualified and earning equally

The Division Bench of Suresh Kumar Kait and Neena Bansal Krishna, JJ.*, opined that where both the spouses were equally qualified and earning equally, interim maintenance could not be granted to the wife under Section 24 of the Hindu Marriage Act, 1955 (‘the Act’). The Court concurred with the Family Court’s decision and opined that after considering the respective income and expenditure of the parties, the Family Court had rightly denied any maintenance to the wife. However, considering the income of the parties and appreciating that the child’s responsibility had to be shared by both the parents, the Court reduced the interim maintenance for the child from Rs. 40,000 to Rs. 25,000. Read more..

Delhi High Court restrains Capital TV from using TV Today’s marks “To The Point”, “Halla Bol”, “Special Report”, “Black & White”, “Kismat Connection” for news programmes

In a case wherein Defendant 1, Capital TV had produced programs under names that were identical to the plaintiff’s, TV Today Network Ltd. Programs, Prathiba M. Singh, J., restrained defendants from using the logos/marks “TO THE POINT”, “HALLA BOL”, “SPECIAL REPORT”, “BLACK & WHITE”, “KISMAT CONNECTION” or any other mark that was deceptively similar to plaintiff’s marks, in respect of news/current affairs programmes. However, the individual words by themselves, which were part of the common parlance in Hindi and English language, could be used in a different manner or in conjunction with other combinations in a way that the programs of Defendant 1 were clearly differentiable from plaintiff’s programs. Read more..

Situation like a theft being committed in a police station; Delhi High Court grants injunction against Indian companies to use logo similar to Japan Patent Office

A suit was filed by Japan Patent Office (plaintiff) seeking an injunction against the defendants in a rather piquant situation where the plaintiff’s ‘JPO’ logo has been allegedly appropriated by the defendants who are using an identical logo for manufacture and sale of tools and kits. Prathiba M Singh, J., restrained the defendants and all others acting for or on their behalf from using the impugned JPO mark, JPO logo, as well as the impugned word mark ‘JPO PLATINUM’, or any other mark identical or like the JPO mark and logo, in respect of any products or services with immediate effect. Read more..

False and frivolous allegations against spouse without any evidence amounts to cruelty: Delhi High Court upholds divorce

In the instant case, an appeal was filed under Section 19 of the Family Courts Act, 1984 against the judgment dated 09-05-2023, granting divorce under Sections 13(1)(ia) and 13(1)(ib) of the Hindu Marriage Act, 1955 (‘the Act’), the Division Bench of Suresh Kumar Kait and Neena Bansal Krishna, JJ.*, opined that in the present case, the wife had not been able to justify her claim for separate residence and also had not been able to prove her claim of dowry demands by the husband and his family. The Court further opined making such false and frivolous allegations which were not even supported by any evidence led to the conclusion that the husband was subject to cruelty. Thus, the Court concurred with the findings of the Family Court and upheld the divorce on the ground of cruelty and desertion under Sections 13(1)(ia) and 13(ib) of the Act. Read more..

Section 9 of A&C Act not confined by technicalities of CPC; but Court cannot ignore fundamental principles governing attachment before judgment

In a case wherein, the petition was filed under Section 9 of the Arbitration and Conciliation Act, 1996 (‘A&C Act’), Yashwant Verma J.* opined that the interim payout which was sought went beyond the contours of the power conferred under Section 9 of the A&C Act and the prayer for mandatory injunction requiring the respondent to pay certain sums to the petitioner was beyond the Court’s obligation to secure the amount in dispute, as it formed the subject matter of the arbitration. Thus, the Court dismissed the petition and opined that since the Arbitral Tribunal had already been constituted, it was open for the parties to proceed before the Arbitral Tribunal. Read more..

[Nykaa v. Oykaa] Delhi High Court restrains use of mark ‘Oykaa’ in respect of cosmetic, healthcare products

In a case wherein Plaintiff 1, FSN E-Commerce Ventures Ltd. and Plaintiff 2, Nykaa E-Retail Pvt. Ltd. had filed the present suit seeking protection of the trade mark ‘NYKAA’ against misuse by Defendant 1, Pintu Kumar Yadav and Defendant 2, Cosmetify, Prathiba M. Singh, J., restrained defendants and all others acting for or on their behalf from using the mark/name/logo ‘OYKAA’ or any other mark which was identical or similar to that of plaintiffs’ mark/name/logo ‘NYKAA’ in respect of cosmetic, healthcare products, wellness products, clothing, jewelleries, accessories or any other cognate and allied goods. Read more..

Delhi High Court orders to take down YouTube videos which alleged that consumption of Pulse candy causes cancer

In a case wherein the plaintiff, Dharampal Satyapal Foods Ltd. was the manufacturer of the popular candy, “Pulse” and had been aggrieved by the video uploaded by the defendants that contained false, distasteful, defamatory, and objectionable allegations against the product that it caused cancer, Prathiba M. Singh, J., ordered that all impugned videos shall be taken down, although if the defendants wish to upload another video about the candy, without sensationalizing the same based on third party, and based on scientifically verifiable test reports, then the defendants were free to do so. Read more..

Significance of socio-cultural activities cannot be ignored: Delhi High Court permits Dussehra celebration at district park

In a case wherein, the appellant, Shri Ram Leela Committee, had sought permission for Dussehra celebration at the District Park, Janakpuri the Division Bench of Suresh Kumar Kait and Neena Bansal Krishna*, JJ., granted permission to the appellants to host Dussehra celebrations in the District Park, Janakpuri for the current year from the date of the present order till 30-10-2023. The Court directed that the Dussehra mela should be held in accordance with all the applicable norms and by taking all the safety precautions, and further directed the appellants to ensure that no damage or harm was caused to the green cover or trees already existing in the ground. Read more..

‘Easy for sellers to proliferate images and dupe customers’; Delhi HC grants injunction to Tibra Collection, a seller on Meesho, against its garments copyright infringement

In a case wherein the plaintiff, Tibra Collection filed a suit for copyright infringement, passing off and delivery up against the defendants, who were advertising, publishing and offering for sale the garments, which were a complete copy of the plaintiff’s garments and were also misusing the photographs and images in which the plaintiff owns rights, Prathiba M. Singh, J., after considering the complete imitation, which had been indulged by Defendants 2 to 6 and unknown defendants, opined that the plaintiff had made out a case for grant of an ex-parte interim injunction. The Court restrained Defendants 2 to 6, who were listing their products on Meesho.com platform, from reproducing, copying, publishing, and imitating any of the designs of the plaintiff’s clothes or even reproducing the images including the photographs of the plaintiff. Read more..

Prohibition on cut flowers import through all airports, except for Chennai, not arbitrary against traders in Delhi-NCR region; aims to fortify nation’s biosecurity: Delhi High Court

In a case wherein the petitioner’s, Fresh Fruit Flowers and Vegetables Traders Association’s grievance was the notification dated 09-07-2020 (‘impugned notification’) issued by Respondent 1, the Directorate General of Foreign Trade (‘DGFT’), under the aegis of Ministry of Commerce and Industry, Government of India (‘MoCI’), which imposed a prohibition on importation of a variety of cut flowers into India through all airports, except for Chennai airport, the Division Bench of Satish Chandra Sharma, C.J. and Sanjeev Narula, J.*, held that the impugned notification and order do not arbitrarily discriminate against flower traders in the Delhi-NCR region but rather aim to fortify the biosecurity of the nation. The Court observed that while the focus of the respondents had largely been on centralizing resources at a single port, the respondents had indicated an intent to scale up technical and laboratory capabilities at multiple ports across the country. Read more..

Maintenance proceedings under Hindu Adoptions and Maintenance Act, 1956 are not suits, ad valorem court fee not liable to be paid: Delhi High Court

In a case wherein, the appeal was filed against the order dated 22-02-2020, whereby the Family Court had directed Appellant 2 to pay the ad-valorem court fee on the amount claimed by her, the Division Bench of Sanjeev Sachdeva* and Vikas Mahajan, JJ., opined that the proceedings under Section 18 and 20 of the Hindu Adoptions and Maintenance Act, 1956 (‘HAMA’) were not suits and ad valorem court fee was not liable to be paid, and accordingly set aside the order dated 22-02-2020. Read more..

‘Various measures already taken by State to address interests of orphaned children due to COVID’; Delhi High Court dismiss petition

In a PIL filed by the petitioner seeking directions to be issued to Union of India to safeguard the interests of children who were orphaned during the COVID-19 pandemic and grant appropriate compensation to the family members of those persons who passed away during COVID-19 on account of denial of access to adequate healthcare facilities, a division bench of Satish Chandra Sharma, CJ., and Sanjeev Narula, J., refused to pass any new orders on perusal of the affidavits placed by the State and held that various steps have been taken by the relevant stakeholders from time to time in furtherance of the cause espoused by the petitioner in the present PIL. Read more..

Delhi High Court criticizes Authorities for abusing procedure of booking venue for Ramlila and Dussehra Mela

In a case wherein the petitioner approached this Court for a direction to the respondents to book the venue, Open Space near Gate No. 2 Parking Area, Jawahar Lal Nehru Stadium, Lodhi Road, New Delhi (‘venue in question’), in favour of the petitioner for a period of 22 days at the prevalent and applicable tariffs as mentioned on the website of Respondent 1 and to set aside the booking confirmed by Respondent 4 which, according to the petitioner, was contrary to the procedure laid down by Respondents 1, 2 and 3 for booking of the venue in question, Subramonium Prasad, J.*, held that no person could be allowed to violate the procedure of booking the venue by showing that they required the venue for a longer duration and later turn around and change the dates; such practice was unfair and could not be permitted. The Court further held that the prayer made by the petitioner could not be accepted as the booking done by Respondent 4 was by following the procedure, however it was not expected from Respondent 1 that they could let anyone abuse the procedure established for smooth functioning of the Authority by permitting Respondent 4 to alter their dates of booking and that too at a discounted rate. Read more..

Delhi High Court | Child born from the sapinda relationship legitimate; Declares marriage between parties null and void

An appeal was filed by the appellant under Section 28 of the Hindu Marriage Act, 1995 read with Sections 11 and 23 of Hindu Marriage Act seeking to set aside/quashing the judgment and decree of nullity dated 23-10-2007 in HMA No. 396 of 2003 whereby marriage between the parties has been declared null and void. Suresh Kumar Kait, J., upheld the impugned order and held that the marriage between the parties was null and void having fallen within the category of sapinda, however, there is no dispute to the legitimacy of the child. Read more..

Delhi High Court upholds constitutional validity of Rule 3, 5, 6 and 8 of Animal Birth Control Rules, 2023

A petition was filed by the petitioner challenging the constitutional validity of Rules 3, 5, 6, and 8 of the Animal Birth Control Rules, 2023 promulgated by the Ministry of Fisheries, Animal Husbandry and Dairying, Government of India [‘ABC Rules, 2023’] due to purportedly arbitrary exclusion of veterinary doctors and officers from the process of animal birth control, including immunization and vaccination of animals. A division bench of Satish Chandra Sharma, CJ., and Sanjeev Narula, J., upheld the constitutional validity of the impugned Rules and held that any entity, be it a society, trust, cooperative society, gaushala, LLP, partnership, or a company, that is duly registered under the appropriate laws, can be considered as an AWO under the ambit of ABC Rules, 2023. Read more..

Court cannot presume disobedience; strict and irrefutable proof of disobedience required for punitive action under Order 39 Rule 2A of CPC: Delhi High Court

In a case wherein, an application was filed by the plaintiff under Order 39 Rule 2-A of the Civil Procedure Code, 1908 (‘CPC’), C. Hari Shankar, J.* opined that there had to be strict and irrefutable proof of disobedience for punitive action to follow under Order 39 Rule 2A of the CPC and since there was no conclusive proof against Defendant 1, the present case did not justify the conviction and punishment of Defendant 1 for violating the directions contained in order dated 08-07-2021. Read more..

[Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023] Delhi HC suggests Select Committee to replace “shall” with “may” and “bail or bail bond” with “personal bond with or without surety”

In a case wherein the issue raised before this Court was that in case an accused was acquitted of the charges tried against him, however, on acquittal, he had to furnish personal bond with surety bond as per Section 437-A of the Criminal Procedure Code, 1973 (‘CrPC’), the Division Bench of Suresh Kumar Kait and Neena Bansal Krishna, JJ., noted that though Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 was taking care of this issue pending before this Court and Bharatiya Nagarik Suraksha Sanhita, 2023 was under consideration before the Select Committee and were already put up before Parliament, the Court opined that it might take some time for the Criminal Laws to be modified, therefore, in the meanwhile, the trial courts were directed that in cases relating to Section 437-A of the CrPC, the word “shall” must be read as “may” and the word “bail or bail bond” must be read as “personal bond with or without surety”. Thus, the Court suggested that the Select Committee should replace the word “shall” with “may” and replace the word “bail or bail bond” with “personal bond with or without surety”. Read more..

Parental Alienation from father who never showed any neglect is an extreme act of mental cruelty: Delhi High Court upholds divorce

In a case wherein, an appeal was filed under Section 19 of the Family Courts Act, 1984 against the judgment and order dated 04-09-2018 granting divorce under Sections 13(1)(ia) and 13(1)(ib) of Hindu Marriage Act, 1955 (‘the Act’), the Division Bench of Suresh Kumar Kait and Neena Bansal Krishna, JJ.* opined that once vindictiveness crept in and the wife filed various complaints, legal suits and even alienated the child from the husband, it could be concluded that various acts of cruelty were committed towards the husband. The Court partially modified the impugned judgment and decree dated 04-09-2018 by setting aside the divorce on the ground of desertion but upheld the divorce on the ground of cruelty. Read more..

[Asian Games 2023] Delhi HC upholds disassociation of Chief Coach from the ongoing National Coaching Camp for Indian Kabaddi Team (Boys) due to sexual harassment allegations

In a case wherein the petitioner challenged the orders passed by the respondents, being Ministry of Youth Affairs and Sports, Government of India; and Sports Authority of India, whereby the petitioner was relieved from the position of Chief Coach from the ongoing National Coaching Camp for Indian Kabaddi Team (Boys) for Asian Games 2023, Subramonium Prasad, J.*, opined that the order disassociating the petitioner from the position of the Chief Coach during the enquiry by the Internal Complaints Committee (‘ICC’) was not illegal or irrational nor suffered from procedural irregularities as the nature of the allegation in the complaint were serious. Thus, this Court held that it was not inclined to interfere with the decision arrived at by the respondents. Read more..

Delhi High Court orders suspension of domain names and blocking of Telegram channels for illegally sharing Apna College study material

In a case wherein, an application was filed under Order 39 Rules 1 and 2 of the Civil Procedure Code, 1908 (‘CPC’) seeking temporary injunction against the defendants to restrain them from unlawfully sharing copyrighted materials, Pratibha M. Singh J., opined that if the defendants were not blocked from disseminating the plaintiff’s copyrighted material, the plaintiff would suffer enormous monetary loss including loss of subscribers and goodwill. Thus, the Court opined that a case had been established for grant of an injunction to prevent further distribution of the plaintiff’s copyrighted material and accordingly restrained the defendants from downloading, uploading, storing, sharing, transmitting, selling, offering for sale, storing or utilizing any of the plaintiff’s courses. Read more..

Delhi High Court refuses modification in bail condition mandating prior Court permission to travel abroad

A petition was filed by the petitioner under Section 482 read with Section 439 of the Code of Criminal Procedure, 1973 (‘CrPC’), seeking to set aside the order dated 09-08-2023 passed by learned Additional Sessions Judge, Patiala House Courts, New Delhi and further seeking modification of bail conditions imposed vide order dated 23-02-2021 in case arising out of FIR registered under Sections 124-A, 153, 153-A, 120-B of the Penal Code, 1860 (‘IPC’). Swarana Kanta Sharma, J., rejects the prayer seeking modification of bail condition as there is no infringement of mobility rights of the accused or any geographical boundaries restriction placed on the petitioner but a reasonable condition of seeking permission of the Court before travelling abroad which has not been denied to her in the past. Read more..

Delhi High Court vacates stay on termination of Delhi Legislative Assembly Fellows

In a case wherein, the respondents filed an application for vacation of interim order dated 21-09-2023, by which the Court had restrained the respondents from discontinuing the services of petitioners and directed respondents to give stipends to the petitioners, Subramonium Prasad, J.* opined that since the Supreme Court had declined to stay the Order dated 05-07-2023, propriety demanded that this Court ought not to have passed any interim order which had the effect of the staying the Order dated 05-07-2023 and accordingly vacated the stay granted by its order dated 21-09-2023. Read more..

Delhi High Court dismisses plea seeking ban of gross, graphic anti-tobacco imagery in health spots played during screening of movies and TV programmes

In a case wherein the petitioner approached this Court for a writ/direction to the respondent for prohibiting the display of anti-tobacco health spots during films in cinemas, on TV and on OTT, which contained graphic or distasteful, gross images, Subramonium Prasad, J.*, held that the present petition was a gross abuse of the process of law and the aim of the present petition was actually to restrain the Government from achieving a noble objective of a tobacco free State and to ensure that people did not become tobacco addicts. Read more..

Delhi High Court directs State to notify mode and manner for compliance of Section 173(2)(ii) CrPC

A petition was filed under Section 482 of the Code of Criminal Procedure, 1973 (‘CrPC’), seeking to quash/set aside an order dated 30-11-2022, passed by Additional Sessions Judge in a case registered for the offence punishable under Section 376 of the Penal Code, 1860 (‘IPC’). Swarana Kanta Sharma, J., issued directions for ensuring communication as mandated by Section 173(2)(ii) CrPC because a ‘may’ should not remain ‘may’ forever despite the earlier part of statute using the word “shall” conveying the intent of the legislature. Read more..

Delhi High Court refuses to exercise jurisdiction by invoking the doctrine of forum conveniens

In a case wherein the question regarding jurisdiction arose before the Court, Prateek Jalan. J*, opined that the letter dated 10-05-2016 from Delhi, only constituted a slender part of the cause of action and could not be the basis to determine whether this Court could entertain the petition. The Court opined that the present case fell within the narrow category of cases where it was appropriate to invoke the doctrine of forum conveniens and refused to exercise the jurisdiction. Read more..

[Theos v. Theobroma] ‘Theos to be restrained to Delhi-NCR region’; Delhi High Court settles terms in trade mark infringement suit

In a case wherein dispute arose relating to marks, being “THEOBROMA” and “THEOS”/“THEO’S”, used in respect of bakery related products, patisseries, confectionery, etc., Prathiba M. Singh, J.*, dictated the terms of the settlement for the issues in dispute and the parties further agreed to abide by the same, hence bringing the dispute to a conclusion. Read more..

[Domino’s v Dominick] Delhi High Court restrains Dominick Pizza from using Domino’s registered trademarks

In a case wherein, the plaintiffs alleged infringement, by Defendant 1, Dominick Pizza of the plaintiffs registered mark ‘Domino’s Pizza’, ‘CHEESE BURST’ and ‘PASTA ITLAIANO’, C. Hari Shankar, J.*, granted the permanent injunction restraining Defendant 1, from using in any manner the marks ‘Dominick Pizza’, ‘CHEESE BURST’ and ‘PASTA ITLAIANO’ or any other mark which was identical or deceptively similar to the plaintiffs’ registered trademarks. Read more..

Delhi High Court lays directions regarding the rights of persons with disabilities in respect of the movie ‘Pathaan’

A petition was filed by four petitioners, out of whom, petitioners 1, 2 and 4 were visually impaired and Petitioner 3 was hearing impaired, in respect of the movie ‘Pathaan’. Prathiba M Singh, J., laid directions regarding the concerns raised by persons with disabilities in view of their cinematic experience of the film and impleaded necessary parties to reach a conclusion. Read more..

Do not file petitions without prior communication or representation to the relevant State Authorities: Delhi High Court

A PIL was filed by the petitioner, a member of the legal fraternity, raising concerns on behalf of citizens residing in the National Capital Territory (NCT) of Delhi based upon the critical findings outlined in a performance audit report prepared by Comptroller and Auditor General (CAG), highlighting that the Directorate of AYUSH, Government of NCT of Delhi, has failed to perform its functions effectively, leading to deficiencies and irregularities in the State healthcare system. A division bench of Satish Chandra Sharma, CJ., and Sanjeev Narula, J., dismissed petition for not being represented before relevant state authorities and directed the GNCTD to amplify the utilization of alternative medical systems in healthcare, and bolster research and education in these domains through strategic planning and efficient execution of AYUSH schemes and initiatives. Read more..

Delhi High Court directs Rs 50,000 as compensation to be drawn from salaries of errant policemen for illegal detention for half an hour

A petition was filed by the petitioner seeking compensation for his illegal arrest and detention in the police lock-up on 02-09-2022 at Police Station Badarpur. Subramonium Prasad, J., held that even though the illegal detention was for half an hour, it is directed that Rs. 50,000 to be drawn from the salaries of the errant police officials and paid as compensation to the petitioner. Read more..

Delhi High Court directs CIC to provide details of contract entered by UIDAI with external organisations for handling grievance redressal

A petition was filed by the petitioner challenging the Order dated 20-03-2023 passed by the Central Information Commission (CIC) to the extent that it has denied access to the copy of agreements entered by the Unique Identification Authority of India (UIDAI) with the external organization for handling grievance redressal on its behalf. Subramonium Prasad, J., held that the entire contract cannot be a secret and directed that the details sought can be redacted from the agreement and the copies of the agreement, after redacting such portions, can be provided to the petitioner. Read more..

Revealing CBI’s enquiry report will impede the investigation process, thus exempted from disclosure under RTI Act, 2005: Delhi High Court

In a case wherein, the petitioner filed a petition under Article 226 of the Constitution, aggrieved by the order passed by Central Information Commission, which upheld Central Public Information Officer (‘CPIO’) decision, whereby the information sought by the petitioner under Right to Information Act, 2005 (‘RTI Act’) was denied, Subramonium Prasad, J.* opined that Section 8(1)(h) of the RTI Act exempts such information which will impede the process of investigation, and, if the copy of entire report of CBI, fell into the hands of other offenders, it will certainly impede an ongoing investigation process and accordingly dismissed the writ petition. Read more..

‘Nature of employment will not decide maternity benefits’: Delhi HC grants maternity benefits to contractual employee whose contract ended during pregnancy

In a case wherein, a writ petition was filed under Article 226 of the Constitution aggrieved by denial of maternity benefits and termination of petitioner who was working as contractual employee, Chandra Dhari Singh, J.* opined that the Maternity Benefit Act, 1961 (‘the Act’) created a fiction in the petitioner’s favour to be treated as the employee of Respondent 3 for giving her maternity benefits. The Court further opined that as per Section 5 of the Act, the petitioner was entitled to the maternity benefits, even though her contract ended during her pregnancy and upon fulfilment of the conditions specified in Section 5(2) of the Act, the maternity benefits extended beyond the contractual period of the petitioner’s employment. Read more..

‘Staff nurses working on contract basis cannot be denied adequate compensation as is being received by regular staff’: Delhi High Court directs AIIMS to pay wages along with dearness allowance

In a case wherein the petitioners claim before the Central Administrative Tribunal, Principal Bench, New Delhi (‘Tribunal’) was to seek the same pay and benefits as were being paid to regular staff nurses working in the respondent, All India Institute of Medical Sciences (‘AIIMS’), the Division Bench of V. Kameswar Rao* and Anoop Kumar Mendiratta, JJ., opined that as there was complete similitude in the work done by the petitioners and other staff nurses working on regular basis, therefore, the petitioners would be entitled to wages in the minimum of the pay scale applicable to regular employees of the respondent, working as staff nurses with Dearness Allowance. Read more..

Humans of Bombay cannot claim copyright on images, photographs or videos; Delhi High Court refuses injunction against People of India

A suit was filed by Humans of Bombay (plaintiff) seeking an injunction against People of India (defendants) restraining the infringement of copyright of content consisting of photographs, literary works forming the basis of the stories, videos and creative expression, which includes the manner of presenting the said stories. Prathiba M Singh., J., held that no copyright can be claimed either by Humans of Bombay or People of India insofar as the images, photographs or videos submitted by the individuals or subjects from own private collections are concerned. Read more..

Delhi High Court upholds ASI’s selection procedure for obtaining new licence to work as photographers in protected monuments

In a case wherein a writ petition was filed seeking issuance of appropriate directions from this Court for quashing and setting aside Clause 2.7 of “The Policy for Archaeological Survey of India (‘ASI’) Photographers to perform within Centrally Protected Monuments” (‘ASI Photographers Policy’) notified by ASI, the Division Bench of Manmohan and Mini Pushkarna*, JJ., held that there was a reasonable classification that had been made by ASI for revalidation of licences of the photographers who had license before 2012 and grant of licence to the photographers who were the new entrants after 2012 who had no prior licence in photography from ASI. Thus, there was no fault with the policy of ASI which was reasonable and fair. The Court further held that obtaining licence by following the due selection procedure laid down by ASI did not in any manner violate the right of the petitioners under Article 19(1)(g) of the Constitution. Read more..

[Good day v. Good time] Delhi High Court grants interim injunction in favour of Britannia Industries, restrains sale of Good Time cookies

In a case wherein, the plaintiff, Britannia Industries Limited had filed an application under Order 39 Rules 1 and 2 of the Civil Procedure Code, 1908, Prathiba M. Singh, J.* restrained the defendants till the next date of hearing, from manufacturing, selling, offering for sale butter cookies or any other products in the infringing packaging under the name ‘GOOD TIME or GOOD TIME BUTTER COOKIES’ or any other mark which was identical or deceptively similar to the plaintiff’s mark ‘GOOD DAY or GOOD DAY BUTTER COOKIES’. Read more..

Gujarat High Court

‘False promises made, huge scam committed’; Gujarat HC refuses to quash criminal proceedings against Mehul Choksi and Gitanjali Group Director

While hearing a batch of criminal applications filed by Mehul Chinubhai Choksi and another accused, Director of Gitanjali Group, seeking to set aside and quash the First Information Report (‘FIR’) against him for the offences punishable under Sections 406, 420 and 34 of the Penal Code, 1860, Sandeep N. Bhatt, J. dismissed the application for being devoid of merits. Read more..

Himachal Pradesh High Court

Himachal Pradesh HC directs DGP to comply with POCSO Act for protecting identity of victim

In a case wherein, the applicant filed an application under Section 439 of Criminal Procedure Code, 1973 (‘CrPC’), seeking to be released on bail, during the pendency of the trial, Virender Singh, J., ordered the applicant to be released on bail. The Court however expressed concerns regarding the manner in which Section 33(7) of the Protection of Children from Sexual Offences Act, 2012 (‘POCSO Act’) was being violated and further directed the Director General of Police, Himachal Pradesh to issue necessary instructions to all Investigating Officers in the State to adhere to the provisions of Section 33(7) of the POCSO Act and issued similar directions to the Judicial Officers in the State of Himachal Pradesh, while dealing with the cases under the POCSO Act. Read more..

Jammu & Kashmir and Ladakh High Court

Statutory substantive right to appeal cannot remain nugatory by giving undue importance to procedural law: J&K and Ladakh HC

In the instant petition wherein the Court’s supervisory jurisdiction under Art. 227 of the Constitution was invoked to consider the issue that whether right to appeal is lost by a party or denied thereof by the appellate court in circumstances where such party fails to file a certified copy of the order appealed against; the Bench of Javed Iqbal Wani, J.*, stated that the statutory substantive right of appeal vested in a party cannot remain illusory or nugatory by giving undue importance to procedural law and that the breach of the procedural rule cannot be said to take away a litigant’s right to file appeal when a statute confers such a right specifically. The Court further pointed out that the object of the Courts is to decide the rights of the parties and not to punish them for mistakes which are made in the conduct of the cases. “It has been also the consistent position of law that Courts do not exist for the sake of the discipline but for the sake of deciding matters in controversy on merits effectually and conclusively.” Read more..

Jharkhand High Court

Jharkhand High Court directs State to provide disabled friendly infrastructure in Courts, Judicial or Quasi-Judicial Forums

In a Public Interest Litigation (‘PIL’) seeking issuance of writ of mandamus directing authorities to provide at least two wheelchairs in every Court, Judicial or Quasi-Judicial Forums in the State along with appropriate infrastructure for differently abled persons in accordance with the provisions of Section 12 and 45 of Rights of Persons with Disabilities Act, 2016, the Division Bench of Sanjaya Kumar Mishra, C.J.* and Rajesh Shankar, J. directed the State authorities to provide aforesaid facilities within 6 months. Read more..

Husband’s moral duty to maintain wife does not mean to squeeze milk from husband making marriage a felony for him

In a criminal revision preferred against order dated 18-04-2022 passed by the Family Court in a maintenance case directing the petitioner to pay Rs. 40,000 per month as maintenance to his wife from the date of application (4-10-2021) and pay all arrear amount within 2 months, Subhash Chand, J. modified the impugned order and reduced the monthly maintenance to Rs 25,000 to the wife payable by her husband. Read more..

Karnataka High Court

Karnataka HC sets aside bail order on ground of denying informant the right to participate in proceedings

While considering the instant petition wherein the informant had prayed before the Court to cancel the bail granted to the respondent no. 2 by the Trial Court for offences punishable under Sections 354-D, 376(3), 376(2)(n), 450, 366, 506, 420 of Penal Code, 1860 and Sections 4, 6 & 12 of the Protection of Children from Sexual Offences Act, 2012 (POCSO), the Bench of S. Vishwajith Shetty, J.*, found that the informant was not notified about the bail application filed by respondent no.2 under Section 439 of CrPC, and therefore, there is factually a denial of right to the informant to participate in the proceedings which is recognized under Section 439(1A) of CrPC. Hence the impugned order was held to be unsustainable in law. The Court further issued directions to ensure effective implementation of POCSO Act and amendments introduced in the CrPC in 2018 vis-à-vis notifying the informants or victims about submissions or filing of regular and anticipatory bail applications and other connected issues. Read more..

S. 50, PMLA Act | Karnataka HC cancels Look-out Notice issued indefinitely on ground of suspicion alone; terms it as an abuse of process of law and object of LOC

While deciding the instant petition wherein prayer was made to call for records pertaining to the Look Out Circular (LOC) issued by the Bureau of Immigrations (BOI) against the petitioner at the request made by the Enforcement Directorate, the Bench of Hemant Chandangoudar, J.*, declared the LOC unenforceable opining that the continuation of the LOC against the petitioner indefinitely on the ground of suspicion alone will be an abuse of process of law and also the object of LOC. The Court pointed out that Section 50 of PMLA is a crucial provision and states that a person, who is being summoned for investigation must be provided with a written notice specifying the nature and the reasons for it. While the said provision does not explicitly use the term “probable cause”, it emphasizes the importance of providing valid reasons and grounds for summoning an individual. The summoning of a person repeatedly without probable cause or reasonable ground and only on the ground of suspicion alone is not in accordance with the principles of due causes and fairness. Read more..

Whether insisting the deceased to repay the loan borrowed and telling him to die amounts to abetment to suicide? Karnataka HC answers

In the instant appeal wherein the Court considered the question that whether the aspect of insisting the deceased to repay the loan borrowed and telling him to die amounts to abetment to suicide or not; the Bench of Shivashankar Amarannavar, J.*, acquitted the appellant/accused stating that having advanced money to the deceased the accused uttered some abusive words and threatened to take his life; but that by itself is not sufficient to constitute the offence under Section 306 of Penal Code, 1860. The Court further pointed out that in the case of suicide, mere allegation of harassment of the deceased by another person would not suffice unless there be such an action on the part of the accused which compels the person to commit suicide; and such an offending action ought to be proximate to the time of occurrence. “Whether a person as abetted in the commission of suicide by another or not, only be gathered from the facts and circumstances of each case”. Read more..

“Question of claiming maintenance does not arise when wife is staying in adultery”: Karnataka High Court

While considering the instant petition wherein a wife had challenged the order of the Sessions Judge whereby which he had set aside the order of granting maintenance to the petitioner under Section 12 of the Protection of Women from Domestic Violence Act, 2005 along with compensation; the Bench of Rajendra Badamikar, J.*, dismissed the petition stating that when the wife is staying in adultery, the question of claim of maintenance does not arise at all. The contention that the petitioner is a legally wedded wife and entitled for maintenance cannot be accepted in view of her conduct, who is not honest and is leading adulterous life. Read more..

“Parameters for approval to investigate a public servant are not as stringent as the parameters for granting sanction to prosecute a public servant”: Karnataka HC

While considering the instant petition wherein an approval accorded by the State Government for conducting an investigation against the petitioner under Section 17-A of the Prevention of Corruption Act, 1988, was challenged before the Court; the Bench of N.S Sanjay Gowda, J*., dismissed the petition stating that the parameters that are to be applied for according approval to investigate a public servant are not as stringent as the parameters which provide for granting sanction to prosecute a public servant. It was further stated that the integrity of a public servant is required to be beyond suspicion as in the proverbial adage that “Caesar’s wife must be above suspicion”. Thus, if the aspersions cast on the integrity of a public servant and the Investigating Officer harbours a view that an investigation is necessary, it would be in the interests of both the Government and the public servant that such a nagging suspicion is obliterated. In order to achieve this objective, the Government should be given the greatest degree of latitude to accord approval for conducting investigation. Read more..

Kerala High Court

“We could read the mind of a desperate wife, who was deserted by her husband”: Kerala High Court denies cruelty by wife against husband

In a matrimonial appeal filed by a husband challenging decree for restitution of conjugal rights obtained by his wife and rejection of his prayer for divorce, the Division Bench of Anil K. Narendran and Sophy Thomas*, JJ. refused to interfere with the impugned judgments supporting the wife’s contentions. Read more..

Madras High Court

Read why Madras HC directs State to reconsider the screening time of Vijay starrer movie ‘Leo’

In a writ petition filed by the producer of the film seeking mandamus for permitting screening of 5 special shows of the film ‘LEO’ starring Joseph Vijay Chandrasekha, at 07.00 a.m. from 19-10-2023 to 24-10-2023 and permitting screening of an additional special show of the film on 19-10-2023, which is the dates of release, at 4.00 a.m., Anita Sumanth, J. has directed the State to permit the screening of the upcoming ‘LEO’ movie from 07:00 am instead of 09:00 am. Read more..

Read why Madras HC granted ad interim injunction in favour of Sangeetha hotels, restraining franchisee from using ‘Geetham’ mark

In an interlocutory application filed by Sangeetha Hotels in a suit alleging infringement of its trademarks by the defendants/respondent, P.T Asha, J. said that Sangeetha Hotels has made out a prima facie case for grant of an ad interim injunction and the balance of convenience is also in its favour. Read more..

Can Hospitals refuse to perform transplants from non-related organ donors? Madras High Court answers

In a writ petition filed for directing the State to issue no objection certificate, and grant approval for kidney transplantation on priority basis, N. Seshasayee, J. has said that as per Section 9(3) of the Transplantation Of Human Organs and Tissues Act, 1994 (‘THOT Act, 1994’) and Rules 14 and 19 of the Transplantation of Human Organs and Tissue Rules, 2014 (‘THOT Rules, 2014’) transplantation has been permitted from non-related donors. Further, it gave the following directions:

The petitioner and his donor were directed to present themselves before the Authorisation Committee for Approval of Cases for Transplantation at Coimbatore within one week;

The Tahsildar was directed to conduct an inquiry in terms of Rule 14 of the THOT Rules, 2014 and to submit a report to the Authorisation Committee within one week thereafter;

The Authorisation Committee was directed to proceed to examine the case of the petitioner and his donor in line with the parameters prescribed in Rule 7(3) of THOT Rules, 2014, and pass orders either approving the application in terms of Section 9(5) and Rule 19 of the Rules or rejecting the same under Section 9(6);

In case the Authorisation Committee grants approval under Section 9(5), it was directed to forward the same to the Authorisation Committee/Hospital Committee at the Lakeshore Hospital, Cochin to enable them to take appropriate steps to complete the transplant at the earliest;

In case the Authorisation Committee refuses to grant approval under Section 9(6) of the Act, it was left open to the petitioner to avail the remedy of an appeal under Section 17 of the Act. Read more..

Madras HC directs Union Govt. and Nigerian embassy to pursue requests of two women claiming compensation from past 11 years, for husbands’ death in Nigeria

In a writ petition praying for directing the Union Government to award compensation due to the death of petitioners’ husbands in a road accident met at the Country of Nigeria in furtherance of the proceedings of the Ministry of Overseas Indian Affairs (Emigration Division) (‘MOIA’) and the High Commissioner, Embassy of Nigeria at New Delhi, B. Pugalendhi, J. has said that Nigeria is not in the list of the Compendium for getting reliefs for the Indian Nationals who died abroad, issued by MOIA. Therefore, the Court cannot issue any positive direction. However, it directed MOIA and the High Commissioner, Embassy of Nigeria to pursue the claim of the petitioners with the Company, which employed the petitioners’ husbands, to pay adequate compensation as per the Rules in Nigeria, within a period of six months from the date of receipt of a copy of this order. Read more..

Scope of ‘Diagnostic’ processes in S. 3(i) of Patents Act is not limited to in vivo or specific diagnosis: Madras High Court

In an appeal filed under Section 117 of the Patents Act, 1970, praying to set aside the order dated 31-03-2021 passed by the Assistant Controller of Patents & Design (‘Controller’) holding that the claimed subject matter of Claims 1-12 of the Patent Application fall outside the scope of Section 3(i) of the Patents Act, 1970 and is thus liable to proceed to grant and to publish the grant in the journal, Senthilkumar Ramamoorthy, J. while setting aside the impugned order, granted patent to the Chinese University and American Company related to an invention determining foetal fraction. Read more..

[Cash-for-job Scam] Madras High Court refuses to grant bail to V. Senthil Balaji on medical grounds

In a bail plea filed by V. Senthil Balaji, Minister for Electricity, Prohibition & Excise, Tamil Nadu in connection with cash-for-job scam, G Jayachandran,J. dismissed the application filed by Senthil Balaji seeking bail on medical grounds and said that his health report does not appear to be a medical condition which could be taken care only if he is released on bail. Further, his past conduct, his present position as Minister without Portfolio and the abscondence of his brother Ashok Kumar, coupled with the attack on the Income Tax Officials, all cumulatively leads to an irresistible conclusion that he can directly and indirectly influence or cause deterrence to witnesses, if released on bail. Read more..

Madras HC directs students to clean classrooms, write articles on Mahatma Gandhi, Dr. Abdul Kalam, former CM Kamaraj as conditions for anticipatory bail

In criminal original petitions filed by four students/ petitioners under Section 438 of the Code of Criminal Procedure (‘CrPC’) to grant anticipatory bail to the petitioner in the event of his arrest for offences under Sections 147, 148, 447, 294(b), 323, 324 of the Penal Code, 1860 (‘IPC’) and Section 3(2) of Tamil Nadu Public Property (Prevention of Damage and Loss) Act, 1992, RMT. Teekaa Raman, J. granted bail to all the four students, subject to the following conditions:

Keep the classrooms (not less than 4 class room for each person) clean including black board, table, bench and the floor for a week.

Spend time in the school library and e-library to prepare notes by handwritten (not less than four pages) on (i) non-violation from excerpts of Mahatma Gandhi (ii) educational schemes promoted by the former Chief Minister Mr.K.Kamraj and (iii) dream and vision of Dr. Abdul Kalam.

Such articles prepared by all the four students in the above topics have to be handed over to the School Principal. Further, directed the School Principal to host the said articles on the school website for one year.

The students were directed to deposit Rs.2,000/- to the school on or before 10-10-2023. Read more..

Social reservations need not be maintained by Educational Institution administered and managed by Minorities: Madras High Court

In a writ petition filed against the orders dated 20-11-2021 and 17-06-1998, passed by the Principal Secretary, Higher Education, Government of Tamil Nadu, rejecting extension of religious minority status to the Justice Basheer Ahmed Sayeed for Women College (‘College’) and also consequently imposing the condition of restricting admission of minority students up to 50 percent, the division bench of Sanjay V. Gangapurwala*,C.J. and P.D. Audikesavalu, J. while setting aside the impugned order dated 20-11-2021, has held the following: The Minority status is not a tenure status, ergo is not for a limited period. The Competent Authority may adopt regulatory measures and supervisory measures, such as periodical calling for the list of members of the Governing Board of the College and the Memorandum and Bye laws, to monitor that the Institution is manned by the Members of the Minority. Social reservations need not be maintained by the Educational Institution, administered and managed by the Minorities. The State Government would be within its right to impose the threshold cap of admitting students from the minority community to 50%. However, in the remaining 50% seats filled on merit from the General Category, the students of the Minority Community can also compete and be admitted on merit and the same would not be counted in the 50% threshold cap meant for the Minority students. Read more..

Explained| Madras High Court verdict on scope of Sections 3(d) and 3(e) of Patents Act, 1970

In an appeal filed under Section 117-A of the Patents Act, 1970 to pass an order setting aside the impugned order of the Assistant Controller of Patents & Designs and pass an order granting a patent on Indian patent application, SenthilKumar Ramamoorthy, J. while partly setting aside the impugned order as regards the rejection of claims 1-7, held that the expression “known substance” in Section 3(d) also applies to biochemical substances. Further, it held that Section 3(e) is not restricted to “known” ingredients. The applicant has to justify that the composition is more than the sum of its parts to overcome the hurdle of section 3(e). Read more..

Meghalaya High Court

Meghalaya HC grants bail to HIV positive accused under NDPS Act

In a bail application filed under Section 439 of the Code of Criminal Procedure, 1973 (‘CrPC’) for seeking grant of bail for offence under the Narcotic Drugs and Psychotropic Substances Act, 1985 (‘NDPS’), W. Diengdoh, J. granted bail to the accused on grounds that the accused is suffering from human immunodeficiency virus (‘HIV’) and required special consideration. Read more..

Orissa High Court

Odisha Gram Panchayats Act | Contestant for Sarpanch elections should not have more than two children on date of filing of nomination: Orissa High Court

In an application under Article 226 and 227 of the Constitution of India, the applicant was seeking to set aside the Sarpanch election of opposite party for being disqualified on grounds of having more than two children, B.P. Routray, J. dismissed the petition as the opposite party had only two children on the date of filing of the nomination. Read more..

Orissa Association for Blind not ‘State’ within meaning of Article 12 of the Constitution: Orissa High Court

While hearing a civil writ petition under Article 226 and 227 of the Constitution of India filed by an employee (‘petitioner’) to direct the Utkal Blind Organization Vocational and training Centre to allow the petitioner to resume her duty in the girls hostel with all service benefits, the question of maintainability of the petition was raised, and Biraja Prasanna Satapathy, J. held that the Orissa Association for Blind is not State within the meaning of Article 12 of the Constitution of India, hence no directions can be issued in the petitioner’s favour. Read more..

“Arbitrator can interpret contract, but cannot travel beyond four-corners of contract and rewrite its terms and alter nature”: Orissa High Court

In an arbitration appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (‘the Act’) against the Single Judge’s Order of the Orissa High Court, whereby the Arbitral Tribunal’s interpretation of the contractual provisions was upheld, the Division Bench of S. Talapatra, CJ. and S.K Panigrahi, J.* allowed the arbitration appeal and set aside the impugned orders of Arbitral Tribunal and Single Judge for holding that shocked the conscience of the Court. Read more..

“Arbitrator can interpret contract, but cannot travel beyond four-corners of contract and rewrite its terms and alter nature”: Orissa HC

In an arbitration appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (‘the Act’) against the Single Judge’s Order of the Orissa High Court, whereby the Arbitral Tribunal’s interpretation of the contractual provisions was upheld, the Division Bench of S. Talapatra, CJ. and S.K Panigrahi, J.* allowed the arbitration appeal and set aside the impugned orders of Arbitral Tribunal and Single Judge for holding that shocked the conscience of the Court. Read more..

Form Committee to supervise inventory of valuables in Ratna Bhandar of Puri Jagannath Temple: Orissa HC directs State

In a public interest litigation petition regarding the management of the Ratna Bhandar of Shri Jagannath Temple, Puri, the division Bench of S. Talapatra, CJ.* and Savitri Ratho, J. directed the State Government to constitute a High-Level Committee for supervising the conduct of inventory of the valuables including jewelleries stored in the Ratna Bhandar. Read more..

‘Murder of wife and 3 daughters including an infant is barbaric’; Orissa HC upholds life imprisonment

In a jail criminal appeal against the Judgment of Sessions Judge, whereby, the convict was sentenced to life imprisonment for murdering his wife and three daughters, the division Bench of B.P Routray and Chittaranjan Dash, JJ. dismissed the appeal and upheld the conviction judgment. Read more..

Patna High Court

‘A little respect and a lot more dignity in a dead body’s disposal is required’; Patna High Court takes suo motu cognizance of Bihar Police dumping accident victim’s body in canal

The Division Bench of K. Vinod Chandran, C.J., and Rajiv Roy, J., took suo motu cognizance of a news report published on a web portal on 08-10-2023, which highlighted the incident where the Bihar Police had dumped accident victim’s dead body in a canal in Muzaffarpur. Read more..

Punjab and Haryana High Court

‘Unlikely to be implicated in multiple FIRs at whims and fancies of Investigating Agency’: Punjab and Haryana HC refuses bail in NDPS matter

In a petition filed under Section 438 of the Criminal Procedure Code, 1973 seeking bail for offence under Sections 21(c), 22(c) and 25 of Narcotic Drugs and Psychotropic Substances Act, 1985 (‘NDPS Act’), Jasjit Singh Bedi, J. refused to grant bail to the petitioner noting the fact that he was also involved in another case of NDPS Act and absconding the same. Factual Background. Read more..

ADA and DDA Selection Process | Certificate of Practice issued by Bar Association enough; further proof of experience not required: Punjab and Haryana HC

In a bunch of writ petitions challenging order dated 5-06-2023 raising a common question of law that whether demand to prove Experience and six Court orders/interim orders by Assistant District Attorney (‘ADA’) and Deputy District Attorney (‘DDA’) candidates could have been raised after selection process got over, and whether such demand was justified, legal and in accordance with Rules, the Bench of Sanjeev Prakash Sharma, J. found such demand as ‘deplorable’ and quashed the said letter. Read more

Second bail application concealing facts leads Punjab and Haryana HC to impose 1 lakh cost on lawyer

In a matter involving the question of maintainability of a second application seeking anticipatory bail, the Bench of Sandeep Moudgil, J. highlighted that the petitioner had not surrendered before the Court as undertaken previously before the Court, and the said fact was concealed in the instant petition. Hence, the Court dismissed the instant petition and imposed costs of Rs 1 lakh against the counsel for the petitioner. Read more..

Rajasthan High Court

Kurkure and Cheetos classifiable as ‘namkeen’ and not ‘snacks’ under Rajasthan Value Added Tax, 2003: Rajasthan High Court

In a case wherein, the Sales Tax Revisions was filed under Section 84 of the Rajasthan Value Added Tax Act, 2003 (’RVAT Act’), Sameer Jain, J. opined that ‘Kurkure’ and ‘Cheetos’ were namkeen and not snacks. The Court further opined that the respondent had failed to establish that ‘Kurkure’ and ‘Cheetos’ fell under general, residual or orphan entry and not the specific entry under RVAT Act and accordingly, allowed the Sales Tax Revisions. Read more..

‘Right to fair investigation and trial is fundamental right of victim as well’: Rajasthan High Court quashes order transferring the investigation without reason

In a case wherein, an order dated 13-06-2023, whereby the investigation was transferred to the Crime Branch was challenged, Birendra Kumar, J., opined that no reason was assigned in the impugned order, except the direction of the Director General of Police (‘DGP’) to transfer the investigation. The Court opined that the right to fair investigation and fair trial was a fundamental right of the victim as well and quashed the impugned order dated 13-06-2023. Further, the Court directed that the investigation of the six registered FIRs to be handed over to Additional DCP (West), Jaipur under the supervision of Commissioner of Police, Jaipur. Read more..

[Pradhan Mantri Garib Kalyan Package Scheme] Raj HC directs Government to release claim amount to wife whose husband died during Covid-19 duty

In a case wherein the petition was filed under Article 226 of the Constitution to set aside the order dated 24-01-2022, Pushpendra Singh Bhati, J.*, set aside the impugned order passed by the Director, Medical and Health Services, Government of Rajasthan, and directed the respondents to consider the petitioner’s application under Pradhan Mantri Garib Kalyan Package Scheme, and release the claim amount in the petitioner’s favour within three months from 29-09-2023. Read more..

‘Punishment order passed in quasi-judicial proceedings must contain reasons’: Rajasthan HC sets aside non-speaking punishment orders

In a case wherein, the petitioner had challenged the orders dated 17-02-2011 and 08-11-2011, Anoop Kumar Dhand, J.* opined that the impugned orders dated 17-02-2011 and 08-11-2011 passed by the Disciplinary and Appellate authority, respectively, revealed that these orders were totally non-speaking orders and accordingly, aside the impugned orders and granted liberty to the respondents to hold fresh enquiry against the petitioner in accordance with the law. Read more..

Telangana High Court

Telangana High Court upholds CRPF personnel’s termination on grounds of mental illness and depression

In a case wherein a writ petition was filed seeking a mandamus to declare the actions of Respondent 4 in terminating the petitioner from Central Reserve Police Force (‘CRPF’) under the proviso to Rule 5(1) of Central Civil Services (Temporary Service) Rules, 1965 (‘Rules’) instead of Rule 16 of the Rules without serving one month notice or one month salary as contemplated under the said Rule as arbitrary, illegal and unconstitutional, Nagesh Bheemapaka, J., observed that the respondents had followed the mandate provided in the Rules and that medical expenditure was borne by CRPF while the petitioner was in service, hence, continuing the same facility even after termination was not in conformity with the procedure. The Court opined that in an organisation like CRPF, a member suffering from bipolar affective disorder, psychosis C Epiphora and depression could not be expected to perform his duties with utmost commitment and discipline. Hence, the Court agreed with Respondent 4’s action of termination. Read more..

Telangana High Court upholds validity of Sections 5, 6 and 15 of Press and Registration of Books Act, 1867

In a case wherein, the petitioners had challenged the validity of Sections 5, 6 and 15 of the Press and Registration of Books Act, 1867 (‘the Act’), the Division Bench of Alok Aradhe, CJ., and N.V. Shravan Kumar, J., opined that the Sections 5 and 6 of the Act had sought to regulate the activity of newspapers publications, which was a reasonable restriction under Article 19(2) of the Constitution and therefore, the fundamental rights of the petitioners under Articles 19(1) and 21 of the Constitution had not been infringed. Thus, the Court held that Sections 5, 6 and 15 of the Act were intra vires and did not suffer from any infirmity and accordingly, dismissed the writ petition. Read more..

Uttaranchal High Court

Sainik School denies admission to student for being medically unfit; Uttaranchal High Court dismisses petition seeking admission

In a case wherein the Petitioner had applied for admission in Sainik School, Ghorakhal, Nainital (‘School’), and she was denied admission because she did not meet the physical and medical fitness standards. Aggrieved by the rejection, the Petitioner seeks directions from the Court to be allowed admission in the school. Ravindra Maithani, J.*, observed that the Petitioner did not meet the medical standards set out for admission and the rejection was in accordance with the Rules and Regulations, hence dismissed the writ petition. The Court held that,

“Petitioner has a congenital insufficiency of musculoskeletal structures of both feet and may be associated with other congenital anomalies in the body which are not clinically obvious at present but may manifest later on.” Read more..

‘Grave dearth of areas for people to go for a walk’; Uttaranchal HC directs authorities to reserve Nainital’s Lower Mall Road for pedestrians between 6 am to 8:30am

The Division Bench of Vipin Sanghi, C.J., and Rakesh Thapliyal, J., after noting that there was a grave dearth of areas for people in Nainital to go for a morning or evening walk, directed that the Lower Mall Road in Nainital should be reserved only for pedestrian movement between 06:00 A.M. to 08:30 A.M. every day. Read more..