HIGH COURT NOVEMBER 2023 WEEKLY ROUNDUP| Stories on Sidhu Moose Wala; Radhasoami Satsang Sabha; World Trade Centre and more

ALLAHABAD HIGH COURT

Explained | Allahabad HC permitted Amity University student to give MBA exam who was initially denied taking exam due to inadequate attendance

In a writ petition filed by an MBA student with a grievance that, though she had attended all the classes of Marketing Management in MBA (Media Management) course, but due to technical flaw in the portal, her attendance has been shown inadequate, Pritinker Diwaker, CJ. has directed that the petitioner be permitted to appear in the supplementary examination that was held on 16-11-2023 for the subject Marketing Management in MBA (Media Management) course. However, it said that her result should not be declared without prior permission of the Court and in the eventuality of the statement of the student being found incorrect, she will be subjected to pay heavy costs to the University. Read more

Allahabad HC quashes demolition orders against Radhasoami Satsang Sabha on violation of principles of natural justice

In a writ petition filed for setting aside the impugned notices and to direct the State to not to interfere with the peaceful possession of the property, Manish Kumar Nigam,J. while vitiating the impugned demolition orders, has said that the impugned orders has been passed in utter disregard to the principles of natural justice, as notice was not given to the petitioner, time given for reply was not sufficient time and the respondent no. 4 has erroneously rejected the application filed by the petitioner for extension of time for filing the objections. Read more

Revenue Courts cannot pass order by using rubber stamp seal: Allahabad HC directs Board of Revenue to apprise Courts, the way order sheet should be drawn

In a petition filed under Article 227 of the Constitution for issuance of direction against Tehsildar (Judicial), Kunda, Pratapgarh to decide and conclude the Mutation Proceedings Case under Section 34 of U.P. Land Revenue Code, 2006 pending in the Court of Tehsildar (Judicial), Saurabh Lavania, J. has directed the Tehsildar (Judicial) to conclude the proceedings within a period of three months and avoid unnecessary adjournments. Further, it also directed the Board of Revenue, Uttar Pradesh to apprise the Revenue Courts, the manner in which the order sheet should be drawn. Read more

BOMBAY HIGH COURT

Can the age of ink be determined? Bombay High Court explains

In a petition assailing order dated 21-06-2023 passed by the Sessions Court quashing and setting aside the Trial Court order wherein, the Magistrate had rejected the application filed by the accused seeking to appoint handwriting expert for ink age test of the disputed cheque, Anil L. Pansare, J. restored the Trial Court’s decision with reference to a Madras High Court’s decision wherein a Forensic Expert clarified that there was no concrete scientific test for determining the age of ink. Read more

CALCUTTA HIGH COURT

Calcutta High Court quashes conviction under Essential Commodities Act due to technical irregularities in inspection and prosecution

In a Criminal Revision application against the judgement passed by the Special Judge where the appellant was found guilty of an offense punishable under Section 7(1)(a)(ii) of the Essential Commodities Act, 1955 for alleged non-compliance with license conditions, specifically the omission of the license number on the signboard and cash memos, a single-judge bench comprising of Subhendu Samanta,* J., found discrepancies in the prosecution’s conduct, including the lack of authorization for the inspection conducted by PW 1. The Court allowed the appeal, the order of conviction was set aside, and the appellant was acquitted. Read more

Calcutta High Court upholds West Bengal Medical Council election finding no ‘gross illegality’

In a petition challenging the election of the West Bengal Medical Council (WBMC), specifically focusing on the election of the President and Vice President, a single-judge bench comprising of Sabyasachi Bhattacharyya,* J., while acknowledging a minor technical irregularity, dismissed the petition, finding no gross illegality in the election process significant enough to warrant intervention. The Court emphasised on the potential disruption to WBMC activities if the challenge were sustained and clarified that other aspects of the election were not addressed due to insufficient arguments. Read more

DELHI HIGH COURT

Delhi High Court refuses interim relief to ArcelorMittal Nippon Steel seeking supply of LNG from GAIL in November 2023

A petition was filed under Section 9 of the Arbitration & Conciliation Act, 1996 seeking an urgent interim stay on the notice dated 21-10-2023 issued by the respondent purportedly to terminate the contract and to restrain the respondent from acting on the said notice in addition to directing the respondent to deliver LNG by the terms of LNG sale and purchase agreement. Neena Bansal Krishna, J., held that the petitioner is not entitled to mandatory interim relief of directing the respondent to supply the LNG for November, 2023. Read more

Delhi High Court directs GNCTD to constitute ‘High-Powered Committee‘for implementation of 6th and 7th Central Pay Commission for unaided minority schools

A batch of petitions were filed by various petitioners employed in the respondent schools at various Teaching and Non-teaching posts such as TGT, PET, PGT, PRT, Librarian, Assistant Teacher, Peon, Electrician, Mali, Housekeeper, Nurse etc. against the respondent schools, and also against the Government of NCT of Delhi through the Directorate of Education seeking benefits of the 6th Central Pay Commission (6th CPC) along with the arrears, benefits under the 7th Central Pay Commission (7thCPC) along with the arrears, and retirement benefits such as gratuity, leave encashment, Dearness Allowance (DA), Medical Allowance (MA), House Rent Allowances (HRA), Travel Allowances (TA), etc., along with the interests and costs which are due as per the guidelines of 7th CPC. Chandra Dhari Singh, J., held that the schools are liable to pay for all the dues of its employees, irrespective of the fact whether the said dues pertain to three year or are prior to that and directs Government of NCT of Delhi to constitute a ‘High-Powered Committee‘ to supervise the implementation of recommendations and guidelines prescribed in the 6th and 7th Central Pay Commission with regards to the salaries and arrears thereto, retirement/terminal benefits, arrears of allowances etc. and to draw up a plan of action which may help in achieving results at the ground level. Read more

Delhi High Court restrains RPS Infrastructure Limited from using World Trade Centre marks or WTC logos

A petition was filed under Section 9 of the Arbitration and Conciliation Act, 1996 seeking to restrain the Respondent from using the Trade Mark World Trade Centre, Faridabad; WTC, Faridabad and WTC Logo or any other trademark identical with or deceptively similar thereto, in any manner whatsoever. Sachin Datta, J., restrained the respondent from using the marks “World Trade Centre Faridabad”; “WTC Faridabad” and WTC Logo or any other trademark identical with or deceptively similar thereto, in any manner whatsoever. Read more

‘Section 24 of Hindu Marriage Act, 1955 is gender neutral’, Delhi High Court reduces maintenance pendente lite from Rs. 30,000 to Rs. 21,000

In a case wherein an appeal was filed challenging the impugned order under Section 24 of Hindu Marriage Act, 1955 (‘the HMA’) dated 24-04-2022 passed by the Judge, Family Court (South), Saket, New Delhi, whereby appellant was directed to pay Rs. 30,000 per month to respondent towards maintenance pendente lite from the date of filing of the petition till its disposal along with litigation expenses of Rs. 51,000. The Division Bench of V. Kameswar Rao and Anoop Kumar Mendiratta*, JJ., opined that maintenance pendente lite at the rate of Rs. 21,000 per month to respondent, as paid in the proceedings under the Protection of Women from Domestic Violence Act, 2005 (‘the PWVD Act’) from the date of filing of the petition before the Family Court till its disposal would be reasonable and the same shall be paid along with litigation expenses/arrears in terms of impugned order passed by the Judge, Family Court. Read more

[General Code of Conduct] Term ‘athlete’ includes coach along with staff; Delhi High Court refuses to interfere with suspension order passed by Paralympic Committee

A petition was filed challenging the order dated 07-02-2018 passed by the Paralympic Committee of India (respondent 1) suspending the petitioner herein from participating and him being sponsored in any sports event organized by Respondent 1 for three years with effect from 20-01-2018 and directing that recommendations be made to the Haryana Sports Department, where the Petitioner is working, to take strict disciplinary action against him. Subramonium Prasad, J., did not interfere with the impugned order as the writ courts while exercising jurisdiction under Article 226 should loathe to interfere with the decision taken by the Authority because the petitioner has not been able to demonstrate how the procedure adopted by the Disciplinary Committee is not reasonable or fair or is violative of principles of natural justice. Read more

Delhi High Court directs The Wire to remove alleged defamatory article on Delhi Chief Secretary Naresh Kumar

A suit was filed by the plaintiff, seeking a permanent injunction, along with damages and compensation from defendants 1 and 2 on account of defamation. Sachin Datta, J., directed defendants 1 and 2 to remove or take down the impugned article titled “Links of Son of Delhi Chief Secretary to Beneficiary’s Family in Land Over-Valuation Case Raise Questions” available at The Wire website. Read more

Delhi High Court directs Acko General Insurance to take down social media listings displaying ‘Humanity’ mural of St+Art India Foundation

Plaintiff 1, St+Art India Foundation, and Plaintiff 2, Paola Delfin Gaytan had filed the present suit against defendant, Acko General Insurance objecting to defendant’s use of one of plaintiffs’ artistic works titled ‘Humanity’ in its advertisements. Prathiba M. Singh, J.*, opined that since defendant had agreed to take down the Instagram posts and any other online postings of the mural, thus directed defendant to take down the said listings within 72 hours from the date of this order. Read more

Delhi High Court directs Supreme Court Bar Association Housing Society to conduct fresh elections; Appoints Justice Dhingra as the Returning Officer to conduct the elections of the Board

A petition was filed seeking direction for the dissolution of the Board of the Supreme Court Bar Association Multi State Co-operative Group Housing Society Ltd. (‘SCBA-Housing Society’) and direct the respondents as well as the Central Registrar to organize a fresh election to form a new Board of the SCBA Housing Society (MULTISTATE). A division bench of V. Kameswar Rao, and Anoop Kumar Mendiratta, JJ., directed to conduct fresh elections and that the existing BoD is required to maintain proper accounts regarding receipts and expenditure of the respondent 1 society and which in any case is subject to audit, no restraint order or order regarding appointment of the Administrator need to be passed. Read more

GUJARAT HIGH COURT

Fake Passport and Visa Stickers | Gujarat HC denies bail to person accused of making 79 fake passports

In a bail application under Section 439 of the Code of Criminal Procedure, 1973 (‘CrPC’), whereby the accused was seeking regular bail for offences under Section 12 of the Passport Act, 1967 along with Sections 419, 420, 465, 467, 468, 471 and 120(b) of the Penal Code, 1860 (‘IPC’), Nirzar S. Desai, J. dismissed the application after considering the nature of allegations levelled against the accused of sending people illegally to foreign countries and successfully allowing them to cross the border. Read more

Former Resident Additional Collector accused of installing Spy Cam in District Collector’s chamber; Gujarat HC grants bail

In a bail application filed by former Resident Additional Collector, District Anand under Section 439 of the Code of Criminal Procedure, 1973 (‘CrPC’) for offences punishable under Sections 389, 354(c), 120(B) of the Penal Code, 1860 (‘IPC’) and Sections 66(E) and 67(A) of the Information Technology Act, 2000, M.R. Mengdey, J. allowed the application and released the accused person on bail. Read more

HIMACHAL PRADESH HIGH COURT

Offences u/s 21 of POCSO Act bailable; pre-arrest bail not maintainable: Himachal Pradesh High Court

In a petition filed for seeking pre-arrest bail, Rakesh Kainthla, J.*, opined that since the Protection of Children from Sexual Offences Act, 2012 (‘POCSO’) did not provide the nature of the offence, it had to be determined with reference to the Code of Criminal Procedure, 1973 (‘CrPC’) and the classification of offences under CrPC showed that the offences punishable with imprisonment for less than three years were bailable and non-cognizable. Since, Section 21 of the POCSO Act provided an imprisonment of six months to one year, therefore the same would be bailable. Thus, the Court opined that the offence punishable under Section 21 of the Act was bailable and since Section 438 of CrPC was applicable to non bailable offence, therefore the present petition for pre-arrest was not maintainable. Read more

J&K AND LADAKH HC

Investigating Agency must justify arrest under UAPA; No rule of thumb to determine whether accused is ‘clear and present danger’: J&K and Ladakh HC

While considering the instant appeal, the division bench of Atul Sreedharan* and Mohal Lal, JJ., had to examine two questions of law. Whether, section 43-D(5) of the Unlawful Activities (Prevention) Act, 1967, where despite the existence of a prima facie case against the accused, the absence of a “Need to Arrest” would result in violation of the right to life of the accused under Article 21 of the Constitution and if it does, whether the Court can still grant bail on account of the violation of Article 21 even though a prima facie case is made out against the accused? Whether, the concept of “Clear and Present Danger” ought to be taken into account by the Courts while deciding a bail application where the bar under Section 43D(5) of UAPA is applicable? Read more

KERALA HIGH COURT

Even a voluntarily signed blank cheque leaf would attract presumption under section 139 of NI Act: Kerala High Court

The instant petition challenged the decision of Sessions Court upholding conviction under Section 138 of Negotiable Instruments Act, 1881 (‘NI Act’) while reducing the substantive sentence to one day, Sophy Thomas, J. upheld the High Court’s findings and clarified that a blank cheque signed without any threat or coercion would be attract presumption under section 139 of NI Act. Read more

MADRAS HIGH COURT

Women cannot be presumed to have disowned their residential rights at parental home after marriage: Madras High Court

In a writ petition challenging the appointment of respondent 3 to the post of Jayakondan Village Panchayat Secretary, as she was living in the village, but had shifted her residence to her husband’s place after her marriage and hence she could not be considered as a person residing in Jayakondan Village, R.N. Manjula, J. while dismissing the petition, said that a married woman though ordinarily lives at her husband’s place, cannot be presumed to have disowned her residential rights at her parents’ house on account of her marriage. Read more

Explained| Madras HC verdict on Single Judge order which directed Madras Bar Association to pay Rs. 5 lakh compensation for discriminating against non-member

In a batch of writ appeals filed under clause 15 of the Letters Patent against the orders dated 16-06-2023, 22-06-2023 passed by the Single Judge, directing the Madras Bar Association (‘MBA’) to pay compensation of Rs. 5 lakhs, after an Advocate was prevented from drinking water from MBA premises, on the ground that he was not a member of the MBA, the division bench of S.Vaidyanathan* and K. Rajasekar, JJ. has said that the litigation being in private interest, it could not be entertained under the garb of public interest, even be it an Advocate, acting on behalf of his junior, as only the aggrieved party has to ventilate his grievance only as a private litigation and not as a Public Interest Litigation. However, if any public interest is involved in litigation, it has to be agitated only before a Division Bench and a single Judge cannot entertain such a Petition. The Courts have to be guided only by the nature and admissibility of litigation and not by any other extraneous factor. Hence, the writ petition itself is not maintainable, having not been filed by the alleged victim. Read more

ORISSA HIGH COURT

Orissa High Court grants bail to a blind PMLA accused in chit fund scheme case for lack of evidence

In a bail application under Section 439 of the Code of Criminal Procedure, 1973 (‘CrPC’) for offences under Section 3 of the Prevention of Money Laundering Act, 2002 (‘PMLA’), S.K Panigrahi, J. allowed the application and granted bail to the accused for lack of evidence. Read more

PUNJAB AND HARYANA HIGH COURT

Punjab and Haryana HC grants bail to Ex-CIA Officer charged of helping Sidhu Moose Wala murder accused in absconding

In a petition under Section 439 of Criminal Procedure Code, 1973 (‘CrPC’) seeking regular bail for Ex- CIA In-charge Pritpal Singh accused of assisting the accused in Sidhu Moose Wala murder case in absconding from custody, involving offences under Sections 222, 224, 225-A, 212, 216 and 120-B of Penal Code, 1860 (‘IPC’) and Sections 25, 54 and 59 of Arms Act, 1959, Mahabir Singh Sindhu, J. granted bail while noting that he had been in custody for more than a year, and charges were yet to be considered. Read more

RAJASTHAN HIGH COURT

Rajasthan High Court directs authorities to issue passport to a minor separated from his mother

In a case wherein the petitioner’s application for the renewal of the passport was declined, Arun Monga J., opined that the minor child would be deprived of the prospects to a bright career which awaited him, and would also suffer the adverse consequences of not being with his mother, which was essential at this tender age. Thereafter, the Court directed the respondents to issue the passport to the minor child, since the delay was entirely attributable to the respondents. Read more