High Court Bench Updates
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President appoints Advocate Somasekhar Sundaresan as an Additional Judge of the Bombay High Court
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Allahabad High Court bids farewell to its 50th Chief Justice, Justice Pritinker Diwakermater
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Justice Hamarsan Singh Thangkhiew appointed as Acting Chief Justice of Meghalaya High Court
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Meghalaya High Court bids farewell to its 11th Chief Justice, Justice Sanjib Banerjee
Rajasthan High Court clears path to maternity leave for surrogate mothers
After marriage, does a woman disown residential rights at parental home?
HIGH COURTS’ UPDATES
ALLAHABAD HIGH COURT
If small disputes in marriage are recognised as cruelty, many marriages may be at risk of being dissolved without any real cruelty: Allahabad HC grants decree of judicial separation
In an appeal filed under Section 19 of the Family Court Act, 1984 arising from the judgment and order dated 17-3-2020 passed by Additional Principal Judge, wherein the Court has dismissed the divorce proceeding instituted by the appellant/ husband, under Section 13 of Hindu Marriage Act, 1955 (‘HMA’) on the ground of cruelty, the division bench of Saumitra Dayal Singh and Shiv Shanker Prasad, JJ. has said that the allegation of cruelty was not made out. Thus, to that extent, the Court below has not erred in refusing to dissolve the marriage between the parties. However, it erred in not considering the grant of alternative relief in terms of Section 13A of the Act. Thus, the Court modified the decree and granted a decree of judicial separation to the husband.
[Rohit Chaturvedi v. Neha Chaturvedi, First Appeal No. 295 of 2020]
Can scheme for compassionate appointments adopted by Regional Rural Banks operate retrospectively? Allahabad HC refers to Larger Bench
In batch of appeals against orders passed by Single Judge directing the Banks to consider the application of the respondents for appointment under the Dying-in-Harness Scheme, dated 10-5-2019, the division bench of Manoj Kumar Gupta and Donadi Ramesh, JJ. has opined that if there is no scheme for compassionate appointment applicable on date of death, then no such right accrues except in cases where a future scheme unequivocally declares that it would apply retrospectively. Further, it has referred to a larger bench the question that whether scheme for appointment on compassionate ground/payment of ex gratia, which has been adopted by Regional Rural Banks (‘RRB’) would operate retrospectively.
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.
[Sanya Yadav v. State of U.P., 2023 SCC OnLine All 2440]
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.
[Radhasoami Satsang Sabha v. State of U.P., 2023 SCC OnLine All 2461]
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.
[Sumitra Devi v. State of U.P., 2023 SCC OnLine All 2455]
No sufficient evidence to prove prosecution’s case beyond reasonable doubt’; Allahabad HC acquits 3 convicts in 1999 rape and murder case of a 13-year-old girl
In a batch of appeals filed by the convicts against their conviction order for offences under Sections 376(2)(g) and 302 read with 34 of the Penal Code, 1860 (‘IPC’) passed by Additional Sessions Judge, the division bench of Ashwani Kumar Mishra and Syed Aftab Husain Rizvi*, JJ. while acquitting the convicts, sacoid that the sole testimony of the informant, who is a chance witness, is not inspiring and trustworthy. There are serious discrepancies, which makes it highly doubtful that he has seen the occurrence. No doubt that the victim has been sexually assaulted and was strangled to death, but it is not proved that the convicts are the real culprits. Their false implication on the basis of suspicion or with ulterior motive cannot be ruled out. There is no sufficient evidence on record to prove the prosecution case beyond reasonable doubt. Further, it said that the Trial Court has failed to notice the serious discrepancies in the ocular testimony of informant.
[Arvind Kumar v. State of U.P., 2023 SCC OnLine All 2287]
Whether bar on review of decision by any Court under S.17 of UP Lokayukta and Up-Lokayuktas Act applies to High Court? Allahabad HC answers
In a writ petition filed against an order of suspension from service pending inquiry dated 21-06-2023 passed against the petitioner by the Chairman, Nagar Palika Parishad without jurisdiction, J.J. Munir, JJ. while dismissing the petition, has directed that the inquiry against the petitioner to be concluded within a period of three months. Further, the petitioner, during the period of suspension, shall be paid his subsistence allowance regularly. It also said that the reference to ‘Court’ or bar to the Court’s jurisdiction under Section 17(2) of the Uttar Pradesh Lokayukta and Up-Lokayuktas Act, 1975 would apply to Courts of ordinary jurisdiction; not the High Court exercising its writ jurisdiction under Article 226 of the Constitution.
[Masood Ahmad Khan v. State of U.P., 2023 SCC OnLine All 2335]
Allahabad HC asks UP Bar Council to issue guidelines, restraining Advocates from wearing uniforms outside Court premises
In a petition filed, praying for directing the State to have the CBI or any other independent investigative agency to take over the investigation and prosecution with respect to the complaint regarding assault in Court premises, made by the petitioner and to direct the Investigating agency to conduct the prompt and impartial investigation in first information report (‘FIR’) for offences under Sections 323, 504, 506, 392 of Penal Code, 1860 (‘IPC’), the division bench of Sangeeta Chandra and Narendra Kumar Johari,JJ.has directed the State to inform the Additional Deputy Commissioner of Police of the area concerned of filing of the writ petition and seek instructions with regard to what has been done in pursuance of the FIR lodged by the petitioner. Further, it has asked the Bar Council of Uttar Pradesh to issue guidelines that the Advocates should avoid wearing uniforms outside the Court premises.
[Subhansu Singh v. State of U.P., 2023 SCC OnLine All 2332]
[Contempt of Court] Allahabad High Court directs contemnors to annex copy of this order to disclose before Courts their previous conduct in future proceedings
In a contempt proceeding arisen upon the reference made by the then Additional Principal Judge (‘APJ’), Family Court on a written complaint dated 09-05-2022, against the litigant and the other against his lawyer, the division bench of Saumitra Dayal Singh and Rajendra Kumar-IV, JJ. said that lawyers are free to choose their clients, but they should avoid taking up cases of blood relatives, as it may make them emotionally involved in the case. Further, it said that the apology rendered by the contemnors was not genuine, it refused to exercise jurisdiction in the present contempt proceedings and has not absolved the contemnors of their conduct.
[In Re Shubham Kumar, Contempt Application (Criminal) No. 15 of 2022]
[Forum Shopping] Filing anticipatory bail application, while a regular bail application is pending, is misuse of Court’s process: Allahabad HC
In an anticipatory bail application filed for offences under Sections 420, 406 of the Penal Code, 1860 (‘IPC’) during the pendency of trial, Krishan Pahal, J. while rejecting the anticipatory bail application plea, said that filing an anticipatory bail application, while there being a regular bail application pending, is misuse of process of the Court.
[Banti Sharma v. State of U.P., 2023 SCC OnLine All 2278]
Fact of consensual relationship should be taken into consideration while granting bail in POCSO cases: Allahabad HC
In a bail application for offences under Sections 363, 366 of the Penal Code, 1860 (‘IPC’) and Section 7 read with Section 8 of the Protection of Children from Sexual Offences Act, 2012 (‘POCSO’), Krishan Pahal, J. while granting bail to the accused said that POCSO Act was never meant to criminalise consensual romantic relationships between adolescents. The fact of consensual relationship borne out of love should be taken into consideration while granting bail because it would amount to perversity of justice, if the statement of victim was ignored and accused was left to suffer behind jail.
[Mrigraj Gautam v. State of U.P., 2023 SCC OnLine All 2184]
[UP Revenue Code] Plaint cannot be rejected in an Injunction suit not seeking demarcation of boundaries: Allahabad HC
In a matter under Article 227 of the Constitution of India, against the order dated 03-03-2023 passed by District Judge and order dated 17-05-2022 passed by the Civil Judge declining the Application for rejection of plaint under Order 7 Rule 11 of the Code of Civil Procedure, 1908 (‘CPC’), Jayant Banerji, J. while upholding the impugned orders, said that the respondent in the suit for injunction is not seeking correction of the boundaries but has sought a decree of permanent injunction. If the plot of the respondent is not demarcated, then she would not be entitled to injunction. However, it is a completely different thing to state that in the suit for injunction, the plaint is liable to be rejected on that ground. Thus, the Court found no error or illegality in the impugned orders.
[Pankaj Srivastava v. Malti Devi, 2023 SCC OnLine All 2155]
Wife residing in Australia cannot initiate divorce proceedings in India upon a casual visit; Allahabad HC interprets the word ‘residing’ in S.19 HMA
In an appeal filed by the wife under Section 19 of the Family Courts Act, 1984, arising from the order dated 11-08-2023 passed by the Additional Principal Judge, Family Court, filed under Section 13 of the Hindu Marriage Act, 1955, wherein the Court has dismissed the divorce proceedings instituted by her, due to lack of territorial jurisdiction, the division bench of Saumitra Dayal Singh and Syed Aftab Husain Rizvi, JJ. held that a casual visit to a place will not grant jurisdiction to the Court in that area to decide divorce proceedings.
[Adity Rastogi v. Anubhav Verma, 2023 SCC OnLine All 2187]
ANDHRA PRADESH HIGH COURT
No mandate under CrPC for witness to appear before Court only when summoned; Andhra Pradesh HC sets aside conviction considering contradictory evidence of witnesses
In a revision petition preferred against the concurrent judgments of conviction and sentence passed against the petitioners, whereby the petitioners were sentenced to undergo one-year rigorous imprisonment and pay a fine of Rs. 10,000, Venkata Jyothirmai Pratapa, J., opined that when two views were possible in a criminal case, the view favourable to the accused had to be considered. The Court opined that in the present case, Petitioner Witness 1 blatantly rejected the respondent’s case by stating that the excise officials obtained his signatures not only in this case but also in several other cases. Thus, considering the contradictory evidence of the witnesses, the Court took them out for consideration and accordingly, set aside the conviction and sentence passed against the petitioners.
[Boya Gopal v. State, 2023 SCC OnLine AP 3558]
‘In accordance with Article 16(5) of Constitution’; Andhra Pradesh High Court upholds termination of employee from service who ceased to be a Hindu
The Writ Petition was filed challenging the proceedings issued by Respondent 4, whereby petitioner’s appointment as a record assistant was terminated w.e.f 05-08-2012. Harinath.N, J.*, held that the action of Respondents 3 and 4 terminating the services of petitioner, was in accordance with the constitutional powers, more particularly, Article 16(5) of Constitution and the Statutory Power conferred by Rule 3 of the AP Charitable and Hindu Religious Institutions and Endowments Office Holders and Servant Service Rules, 2000 (‘the 2000 Rules’).
[P. Sudharshan Babu v. State of A.P., 2023 SCC OnLine AP 3535]
BOMBAY HIGH COURT
Tenant’s rights in redevelopment cannot eclipse landlord’s rights of ownership: Bombay High Court
In a matter involving issue of law relating to Section 499 of the Mumbai Municipal Corporation Act, 1888 (‘MMC Act’), the Division Bench of G.S. Patel and Kamal Khata, JJ. refused to allow the tenants to redevelop the property in question while the landlord was willing to do the same and came up with a detailed proposal.
[Anandrao G. Pawar v. Municipal Corpn. of Greater Mumbai, 2023 SCC OnLine Bom 2534]
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.
[Dnyaneshwar Eknath Gulhane v. Vinod Ramchandra Lokhande, 2023 SCC OnLine Bom 2431]
‘A detailed enquiry be initiated on the failure on the part of the Faceless Assessing Officer’; Bombay HC holds assessment order by FAO as time barred
A petition was filed questioning the failure of respondent 1 and 2 to refund the amount paid by the petitioner for Assessment Year (‘AY’) 2016-2017, which the petitioner claims to have paid in excess of the legitimate tax due on the returned income of Petitioner and seeks a refund of the said amount along with applicable interest. A division bench of K R Shriram and Neela Gokhale, JJ., held that the assessment order dated 31-08-2023 passed by FAO two years after the DRP directions, is time barred and cannot be sustained and the petitioner is entitled to receive the refund together with interest, in accordance with law.
[Vodafone Idea Ltd. v. Central Processing Centre, 2023 SCC OnLine Bom 2464]
Bombay High Court refuses interim relief against production of Goodachari 2
In a petition filed under Section 9 of the Arbitration and Conciliation Act, 1996 seeking interim measure of restraining the respondents from producing sequel to film “Goodachari”, Manish Pitale, J. found that the petitioner failed to make a prima facie case in its favour, and that the film was already in the pre-production phase. Therefore, the Court dismissed the instant petition.
[Abihshek Pictures v. Abhishek Agarwal Arts LLP, 2023 SCC OnLine Bom 2440]
Bombay High Court refuses relief to Ankiti Bose, co-founder of e commerce start-up Zilingo for want of jurisdiction
In a suit filed by Zilingo co-founder Ankiti Bose, the plaintiff seeking a declaration along with temporary and permanent injunction and mandatory injunction based on certain remarks made by the defendant tarnished the image of the petitioner, S M Modak, J., returned the plaint as there is variance in between the averments in the plaint and the petition and the manner of seeking amendment is not proper.
[Ankiti Bose v. Nikhil Subramaniam, 2023 SCC OnLine Bom 2325]
CALCUTTA HIGH COURT
Calcutta High Court allows 6 months extension of Arbitral Mandate under Section 29-A(4) of the Arbitration and Conciliation Act, 1996
In an application filed under Section 29-A(4) of the Arbitration and Conciliation Act, 1996 (the Act), seeking an extension of the mandate of the Arbitrator, a single-judge bench comprising of Moushumi Bhattacharya,* J., allowed the application for extension, extending the mandate for 6 months from 01-10-2023 to 31-03-2024. The Court granted the petitioner the benefit of Section 4 of the Limitation Act, 1963, as 02-10-2023 was a national and Court holiday.
“There is nothing to suggest that the provisions of The Limitation Act or the General Clauses Act will not apply under section 29A of the 1996 Act particularly where 2nd November, 2023 was a declared national holiday.”
[Satnam Global Infraprojects Ltd. v. Bharat Heavy Electricals Ltd., AP 716 of 2023]
Calcutta High Court upholds acquittal under Section 138 of NI Act on failure to prove existence of legally enforceable debt
In an appeal challenging the reversal and acquittal by the Additional Sessions Judge in a criminal case under Section 138 of the Negotiable Instruments Act, 1881 (NI Act), a single-judge bench comprising of Rai Chattopadhyay,* J., found no irregularity or illegality in the first appellate court’s judgment, upholding the acquittal on appellant’s failure to prove the existence of legally enforceable debt, independent of considerations related to a money lending business or license.
[Sajal Guha v. Amal Krishna Paul, C.R.A No. 741 of 2012]
Calcutta High Court relaxes restrictions during ‘Rash Utsab’; Balances religious practices and public order
In a writ petition challenging certain restrictions imposed on conducting processions and offering puja during Rash Utsab, a single-judge bench comprising of Jay Sengupta,* J., upheld some restrictions imposed on the Rash Utsab processions, modifying one related to the use of musical instruments. The petitioner agreed to comply with the conditions, and the case was disposed of.
[Subha Saha v. State of W.B., WPA 26352 of 2023]
Calcutta High Court upholds Special Designated Court’s power to try scheduled as well as other offences under PMLA
While deciding a revisional application challenging the Metropolitan Magistrate’s order allowing the Enforcement Directorate’s application to commit the case to the Special Designated Court under Section 44(1)(c) of the Prevention of Money Laundering Act, 2002 (PMLA), a single-judge bench comprising of Tirthankar Ghosh, J., affirmed the commitment of the case to the Special Designated Court under PMLA, emphasizing the legislative intent for the same court to try both scheduled offenses and offenses under the PMLA.
[Ranjit Singh Kothari v. State of W.B.]
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.
[Amzed Ali v. State of W.B., 2023 SCC OnLine Cal 4658]
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.
[Kunal Saha v. W.B. Medical Council, 2023 SCC OnLine Cal 4659]
‘Compassionate appointment not vested/hereditary right’, Calcutta High Court upholds rejection of compassionate appointment
While determining the maintainability of the writ petition, preferred by the petitioners seeking compassionate appointment, without making trade unions as the respondent party, a single-judge bench comprising of Shekhar B. Saraf,* J., denied compassionate appointment to the petitioners due to a lack of financial dependency. The Court stated that providing false information and filing delayed applications further impact petitioner’s credibility. The Court also dismisses claims of non-maintainability, affirming the applicability of NCWA and the ‘State Authority’ status of CIL and ECL.
[Dipali Mitra v. Coal India Ltd., W.P.A. 14349 of 2018]
Calcutta High Court refuses to interfere with order reducing security deposit in vessel MT TSM Pollux arrest case
In an appeal against an order which modified a previous order directing the arrest of the vessel MT TSM Pollux (IMO No. 9266889), including its tackle, hull, engine, equipment, apparels, furniture, and all movables on board, a Division bench comprising of Sabyasachi Bhattacharyya and Partha Sarathi Chatterjee, JJ., dismissed the appeal, stating that there is no ground to interfere with the impugned order. The Court did not find any fallacy in the refusal of the security amount related to loss of business, it, however, noted that the appellant has established a prima facie case for damages due to the alleged negligence of the respondent.
[Hindustan Aegis LPG Ltd. v. Owners & Partners Interested in the Vessel MT TSM Pollux, 2023 SCC OnLine Cal 4178]
To what extent can Court interfere with arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996? Calcutta High Court determines
While deciding an application for setting aside of an arbitral award, a single-judge bench comprising of Shekhar B. Saraf,* J., upheld the arbitral award while setting aside the Arbitral Tribunal’s findings on specific issues due to patent illegality. The Court emphasised on the need for careful consideration of claims and adherence to contract terms. The Court clarified the standards for setting aside arbitral awards under the 1996 Act and reinforces the principle that arbitral tribunals are the ultimate authorities within the scope of the contract’s explicit terms. The Court also encouraged reforms to reduce judicial interference in arbitration and promote efficiency.
[Damodar Valley Corpn. v. Reliance Infrastructure Ltd., 2023 SCC OnLine Cal 3307]
“No caprice or arbitrariness”; Calcutta High Court upholds notification for MR Distributorship vacancy
In an application under Article 226 of the Constitution of India, where the petitioner, Nandigram Cooperative Marketing Society Limited, sought for cancellation of a notification declaring a vacancy for an MR distributor, a single-judge bench comprising of Jay Sengupta,* J., rejected the petitioner’s request for the cancellation of the notification and found in favor of the State of West Bengal, upholding their actions and declarations related to MR distributorship vacancies.
[Nandigram Cooperative Marketing Society Ltd. v. State of W.B.]
‘Permissive possession does not create possessory rights’; Calcutta High Court upholds KMDA’s right to cancel the land allotment
In a writ petition seeking the cancellation and setting aside of a letter of cancellation of land allotment, a single-judge bench comprising of Jay Sengupta,* J., dismissed the writ petition, concluding that the petitioners were in permissive possession, and the authorities had the right to cancel the land allotment due to the petitioners’ delay in adhering to the stipulated conditions.
[Tai Industries Ltd. v. State of W.B., 2023 SCC OnLine Cal 4174]
CHHATTISHARH HIGH COURT
[Illegal Coal Levy Scam] ‘Actively participated in extortion racket, managed illegal cash’: Chhattisgarh HC denies anticipatory bail to alleged mastermind’s brother
In a bail application filed by the applicant under Section 438 of the Criminal Procedure Code, 1973 (‘CrPC’) for the grant of anticipatory bail, Narendra Kumar Vyas, J., opined that in the present case, statement of the applicant recorded under Section 50(2) of the PMLA, his prima facie involvement was reflected. The material collected by the Enforcement Directorate had also not been rebutted, which prima facie reflected the involvement of the applicant. The Court opined that the applicant was unable to fulfil the twin conditions required for grant of bail under the Prevention of Money Laundering Act, 2002 (‘PMLA’) was equally applicable for the grant of anticipatory bail, which had not been satisfied by the present applicant. Thus, considering the gravity of offence, possibility of witnesses tampering and prima facie considering that the applicant was unable to satisfy the twin conditions of Section 45 of the PMLA, the Court rejected the bail application filed under Section 438 of the CrPC.
[Rajnikant Tiwari v. Enforcement Directorate, 2023 SCC OnLine Chh 4626]
DELHI HIGH COURT
Delhi High Court discharges contemnors guilty of interfering in the function of Local Commissioner on unconditional apology
A contempt case was filed against willful disobedience and interference and obstructions in the administration of justice by the respondents. A division bench of Suresh Kumar Kait and Shalinder Kaur, JJ., held the respondents guilty of contempt but discharged them by accepting their unconditional and sincere apology.
[Court on its own motion v Monica Chadha, CONT. CAS.(CRL) 5 of 2023]
[MakeMyTrip v. Dialmytrip] Delhi High Court temporarily restrains Dialmytrip from using ‘Dialmytrip’ mark/name in respect of any travel related services
In an application filed under Order 39 Rules 1 and 2 of the Civil Procedure Code, 1908 (‘CPC’), Pratibha M. Singh, J., opined that considering that the plaintiff was a well-known company in the travel business who had built its goodwill and reputation throughout the years, the balance of convenience in the present case was in the plaintiff’s favour and if an injunction was not granted it would lead to an irreparable loss to the plaintiff. Thus, the Court temporarily restrained the defendant from using the mark ‘Dialmytrip’ in respect of tour, travel, hospitality and all other services. However, the Court further opined that the defendant was free to use its second domain name ‘www.dmtgroup.in’ in respect of tour, travel, hospitality, hotels cabs or any other related services.
[MakeMyTrip India Pvt. Ltd. v. Dialmytrip Tech Pvt. Ltd., CS(COMM) 815 of 2023]
‘Secured more marks than minimum qualifying marks for general category’; Delhi HC directs Centre to consider EWS candidate under General Category for post of Navik (General Duty)
In a case wherein, a review petition was filed seeking setting aside of the order dated 12-06-2023 and consequently, allow petitioner to join ongoing selection process i.e. Stage-III under advertisement for the batch of 02/2023 issued for recruitment post of Navik (General Duty) as a General Candidate, the Division Bench of Jasmeet Singh* and Vikas Mahajan, JJ., opined that petitioner belonged to EWS category on the closing date for making an application i.e. 24-09-2022 but did not possess a valid EWS certificate as the same was issued on 30-12-2022. Hence, it could not be said that petitioner was not a bonafide candidate. The Court set aside the order dated 12-06-2023 and directed that petitioner was to be considered for Stage-II examination.
[Chand Suraj v. Union of India, Rev. Pet. 301 of 2023]
‘Call meeting of all Cyber Crime Cells in order to have coordination in dealing with fraudulent transaction cases’, Delhi High Court directs Joint Secretary, MHA
Prathiba M. Singh, J., opined that there appeared to be a need for some coordination between the Cyber Crime Cell of all Police Authorities and thus the Court directed Joint Secretary, Ministry of Home Affairs to call a meeting of all the Cyber Crime Cells in various states in order to have coordination between them for dealing with fraudulent transaction cases.
[Dabur India Ltd v. Ashok Kumar, CS(COMM) 135 of 2022]
Mechanism required to ensure action against unauthorized construction systematic, transparent and even-handed: Delhi High Court
In a case wherein, by order dated 04-11-2023, Municipal Corporation of Delhi (‘MCD’) was directed to file an affidavit, Prateek Jalan, J., directed MCD to also file the affidavit regarding the manner in which complaints could be made to MCD regarding unauthorized construction in the premises, and if the complaints were made by telephone or personally, whether any record was maintained of such complaints. Further, affidavit was also to be filed regarding how the decisions were made about priority for taking action in respect of such complaints, including the level at which such prioritisation occurs and the factors which informed the decision. The Court also directed MCD to file an affidavit regarding how the identity of the purposed notice determined and what were the modes of service utilised to ensure service of show cause notices.
[Baby Adira Jatia v. Union of India, W.P. (C) 14454 of 2023]
‘Sale of counterfeits destroys market for genuine goods’; Delhi HC grants Rs. 11 lakhs as damages and costs to Aero Club for its mark ‘WOODLAND’ in trade mark infringement suit
Plaintiff, Aero Club filed the present suit, seeking an injunction against defendant, Sahara Belts restraining them from manufacturing, offering for sale, selling, advertising, directly or indirectly any products bearing the registered trade mark ‘WOODLAND’ of plaintiff. Prathiba M. Singh, J.*, restrained defendant by way of permanent injunction from manufacturing, selling, offering for sale, advertising or in any manner selling any products bearing the ‘WOODLAND’ word mark ‘TREE device, ‘WOODLAND’ label or any other mark which was identical or deceptively similar to plaintiff’s mark. The Court held that defendant was liable to pay damages of Rs. 10,00,000 and costs of Rs. 1,00,000 to plaintiff.
[Aero Club v. Sahara Belts, CS(COMM) 189 of 2019]
‘Matter is of serious nature’: Delhi HC orders five agencies to share information to find couple accused of manufacturing and selling counterfeit medical devices
In a suit filed for seeking permanent injunction against the defendants on account of manufacturing and selling counterfeit bleeding management devices which had the plaintiff’s marks ‘ETHICON’, ‘LIGACLIP’, ‘SURGICEL’ and ‘SURGICEL’ formative marks and also, its distinctive trade dress, Pratibha M. Singh, J., considering the nature of the matter, directed that a fresh status report to be placed on record by the Delhi Police regarding the whereabouts of the defendants. The Court sought details regarding the travel details of the defendants and whether any new passport had been issued to them and enquiries might also be made from the Unique Identification Authority of India (‘UIDAI’) regarding the Aadhar numbers of the defendants to determine whether any fresh mobile connections had been issued to the defendants. Further, the GST Department should also place on record any transaction details associated with the GST number linked with the defendants. Enquiries should also be made from the Income Tax Department regarding the last filed returns under the PAN numbers of the defendants. Therefore, the Court stated that the Delhi Police, Bureau of immigration, UIDAI, GST Department and IT Department should file the complete status report before the next date of hearing.
[Johnson and Johnson v. Pritamdas Arora, CS(COMM) 570 of 2019]
Delhi High Court upholds extradition of Indian National accused of murder, to Oman
A petition was filed by the petitioner challenging his extradition by Union of India to the Sultanate of Oman which is the requesting State. Amit Bansal, J., upheld the decision of the Union of India to extradite the petitioner to the Sultanate of Oman.
[Majibullah Mohd. Haneef v. Union of India, 2023 SCC OnLine Del 7334]
‘Lost all rights on expiry of Franchise Agreement’, Delhi HC restrains former franchise holder, Sripati Bhushan Srichandan from using mark ‘BACHPAN’ in relation to play school services
Plaintiff, SK Educations (P) Ltd. alleged infringement, by defendants, of plaintiff’s registered trade marks as well as passing off, by defendants, of the services provided by it as the services of plaintiff. C. Hari Shankar, J., restrained defendants, as well as all others acting on their behalf from using the mark ‘BACHPAN’ either as a word mark or as a logo which was identical or deceptively similar to any of the device marks registered in favour of plaintiff, in the context of play school services or any other services which might be allied or cognate therewith.
[SK Educations (P) Ltd. v. Sripati Bhushan Srichandan, CS(COMM) 715 of 2023]
Delhi High Court grants injunction in favour of Sun Pharmaceuticals Industries for its mark ‘SUN’
The suit was filed against the marks FERTISUN used per se as well as with the suffixes F and L as FERTISUN-F and FERTISUN-L and the corporate name of the defendant ‘LaurenSun Remedies Pvt Ltd’. C. Hari Shankar, J., permanently restrained the defendants from using “SUN” as part of their mark or brand name, relating to any of the products manufactured and sold by them, whether as a suffix or as a prefix or anywhere else in the name.
[Sun Pharmaceuticals Industries Limited v Laurensun Remedies Pvt Ltd., CS(COMM) 788/2023]
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.
[Arcelormittal Nippon Steel India Ltd. v. Gail (India) Ltd., 2023 SCC OnLine Del 7242]
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.
[Anjali Vaid v Adarsh World School, W.P.(C) 3592/2022]
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.
[Viridian Development Managers (P) Ltd. v. RPS Infrastructure Ltd., 2023 SCC OnLine Del 7134]
‘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.
[Chetram Mali v. Karishma Saini, 2023 SCC OnLine Del 7318]
[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.
[Prasanta Karmakar v. Paralympic Committee of India, 2023 SCC OnLine Del 7329]
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.
[Naresh Kumar v. Wire, 2023 SCC OnLine Del 7314]
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.
[St+Art India Foundation v. Acko General Insurance, 2023 SCC OnLine Del 7277]
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.
[Sadhana Sandhu v. Supreme Court Bar Assn., 2023 SCC OnLine Del 7041]
Delhi HC grants stay on Tiz Hazari Court’s order vacating ad-interim injunction restraining Home Needs from using marks ‘POLO LIFETIME’, ‘RALPH LAUREN’ and word ‘POLO’
Appellant, the Polo/Lauren Company L.P., filed an appeal against the order dated 14-07-2023 passed by the District Judge (Commercial Court-01) Central, Tis Hazari Courts, Delhi (‘Tis Hazari Court’) vacating the ad-interim injunction restraining defendant, Home Needs, from exporting, manufacturing, marketing, using, selling/soliciting, advertising, etc. and the trade mark/label ‘POLOLIFETIME’, word ‘POLO’ and the mark ‘RALPH LAUREN’ carrying with it a picture of a polo player. The Division Judge Bench of Yashwant Varma and Ravinder Dudeja, JJ., found merit in the appeal challenging the order passed by the Tis Hazari Court and thus held that till the next date of hearing, there shall be a stay on the impugned order dated 14-07-2023.
[Polo/Lauren Co. L.P. v. Home Needs, 2023 SCC OnLine Del 7199]
Delhi High Court directs Chief Secretary of Government of Delhi to undertake security, social audit of all Shelter Homes
The Division Bench of Satish Chandra Sharma, C.J., and Tushar Rao Gedela, J., noted that in many Delhi Urban Shelter Improvement Board (‘DUSIB’) Shelter Homes, there was an issue of security, and the Shelter Homes were being occupied by persons who were ineligible to occupy such Shelter Homes. Thus, the Court directed Chief Secretary of Government of Delhi to undertake a security and social audit of all DUSIB Shelter Homes.
[Court On Its Own Motion v. State (NCT of Delhi), 2023 SCC OnLine Del 7259]
Delhi High Court directs Government of Delhi to finalise proposal for establishment of specialised training academy for public prosecutors
The Division Bench of Satish Chandra Sharma, C.J.*, and Tushar Rao Gedela, J.*, directed the Government of Delhi to finalize its proposal qua the establishment of a specialized training academy for public prosecutors within four weeks’ form the date of this order and file an affidavit outlining the steps taken in furtherance of the same before the next date of hearing.
[Delhi Prosecutors Welfare Assn. (Regd) v. Rajiv Mehrishi, 2023 SCC OnLine Del 7190]
Delhi High Court sets aside direction furnishing bank guarantee being violative of principles underlying Order 38 Rule 5 CPC
The appeals were filed by the appellants Section 37(1)(b) of the Arbitration and Conciliation Act, 1996 read with Section 13 of the Commercial Courts Act, 2015 impugning a common judgment dated 22-06-2020 passed by the Single Judge directing the appellants to furnish a bank guarantee to secure a sum equal to 50% of the total of USD 34,133,214 within four weeks. A division bench of Amit Mahajan, and Vibhu Bakhru JJ., sets aside the impugned judgment directing the appellants to provide a bank guarantee to partly secure the claims of the respondent. Read more Delhi High Court directs Mohalla Tech (P) Ltd. to remove Zee’s copyrighted content from ShareChat and Moj Apps and websites Plaintiff, Zee Entertainment Enterprises Ltd. (‘Zee’) sought interim injunction only against the continued availability of Zee’s copyrighted recordings on the library of the defendant, Mohalla Tech (P) Ltd. (‘MTPL’), thereby making the said recordings available to users who could exploit the recordings through the ShareChat and Moj Apps and websites. C. Hari Shankar, J., directed MTPL to ensure that, in its library, from which recordings could be accessed by users using the ShareChat and Moj Apps and websites, none of the 134 films/clips recordings were made available.
[Skypower Solar India (P) Ltd. v. Sterling & Wilson International FZE, 2023 SCC OnLine Del 7240]
Delhi High Court | Increasing MRP of non-scheduled formulation to maximum permissible increase of 10% in a year not necessary
A batch of appeals were filed challenging a common judgment arising from various petitions filed by pharmaceutical companies assailing the demand notices issued to them by the National Pharmaceutical Pricing Authority (‘NPPA’), holding the respondents guilty of overcharging consumers for certain drug formulations manufactured by them, in contravention of Drugs (Price Control) Order, 2013 (‘DPCO 2013’). A division bench of Satish Chandra Sharma, CJ., and Subramonium Prasad, JJ., disposed of the appeal finding no infirmity in the impugned judgment.
[Union of India v. Bharat Serums & Vaccines Ltd., 2023 SCC OnLine Del 7262]
Delhi High Court restrains use of words ‘SHRINATH’ and ‘SHREENATH’ in relation to tour and travel services; grants injunction to Shrinath Travel Agency
Plaintiffs sought interlocutory injunction, restraining Defendant 3 from using the mark , Defendant 4 from using the marks Shrinath Tourist Agency, Shrinath Nandu Travels, , and Defendant 5 from using the mark . C. Hari Shankar, J.* granted an injunction against defendants and all others acting on their behalf from using the words ‘SHRINATH’ or ‘SHREENATH’, or the marks , , and in any manner whatsoever or any other mark which might be similar to plaintiffs’ registered trade marks SHRINATH, and . However, the prayer for injunction against the use of the mark by Defendant 5 was rejected.
[Shrinath Travel Agency v. Infinity Infoway (P) Ltd., 2023 SCC OnLine Del 7196]
Delhi High Court issues directions in relation to guidelines for inspections by Child Safety Monitoring Committee
The Division Bench of Satish Chandra Sharma, C.J., and Tushar Rao Gedela, J., issued certain directions in relation to guidelines/procedures to be adopted by the Child Safety Monitoring Committee (‘the Committee’) during its inspections in relation to minimum standards of school safety.
[Court On Its Own Motion v. State (NCT of Delhi), 2023 SCC OnLine Del 7258]
Delhi High Court directs GNCTD to operationalise Online Single Window System portal for faster lawyer bill clearance
A petition was filed concerning the outstanding bills of the petitioner who is a lawyer and was a counsel engaged by the GNCTD as she had raised various memos for her professional services, which were outstanding and not being cleared by the respondents. Prathiba M Singh, J., directed GNCTD to take steps immediately for operationalising the OSWS portal and for inaugurating/starting the same within the next one month.
[Anjana Gosain v. State (NCT of Delhi), 2023 SCC OnLine Del 7153]
Delhi High Court declares ‘NEW BALANCE’ and ‘NB’ marks as well-known trade marks
In a case wherein suit was filed by New Balance Athletics Inc., a U.S. based Company seeking protection of its marks “NEW BALANCE” and “NB” against misuse by defendant, New Balance Immigration (P) Ltd. and apart from permanent injunction, damages, etc., against defendant, plaintiff also sought a declaration of its marks as well-known marks, Prathiba M. Singh, J.*, opined that the global reputation of plaintiff’s marks had been proved and plaintiff had submitted sufficient documentary evidence in support of the prayer for declaration as a well-known mark. The Court thus held that the marks “NEW BALANCE” and “NB” of plaintiff were, accordingly, declared as well-known marks. However, there shall be no monopoly on the words “New” and “Balance”, if separately used in respect of any other goods or services.
[New Balance Athletics v. New Balance Immigration (P) Ltd., 2023 SCC OnLine Del 7009]
Terms contained in approved Resolution Plan also binding on stakeholders who can file claims, but did not do so
In a case wherein the issue for consideration before the Court was whether the assessment orders dated 21-11-2019 and 06-12-2019 and two demand notices of the same date respectively (‘impugned assessment orders and notices’) were sustainable in law, the Division Bench of Rajiv Shakdher* and Girish Kathpalia, JJ., opined that the terms contained in the approved Resolution Plan (‘RP’) was binding on all the stakeholders, including those who could had filed claims, but did not do so. Since, the respondent failed to lodge its claim, they could not enforce the impugned orders and notices, given the binding nature of the approved RP. The Court opined that since the respondent failed to lodge its claims, the impugned demand raised by the respondent automatically stood extinguished. Thus, the Court quashed the impugned assessment orders and notices.
[Rishi Ganga Power Corpn. Ltd. v. CIT, 2023 SCC OnLine Del 6994]
Delhi High Court imposes cost on Union of India for lackadaisical approach while dealing with a 96-year-old freedom fighter
A petition filed by a 96 year old freedom fighter seeking grant of ‘Swatantrata Sainik Samman Pension’ from the date of application, i.e. 29.03.1982, along with interest @ 18% per annum. Subramonium Prasad, J., directed respondents to release the pension of the petitioner and imposed costs on the Union of India for their lackadaisical approach while dealing with a freedom fighter who had suffered for the country about half-a-century back and had not expected to be rewarded for the imprisonment suffered by them.
[Uttim Lal Singh v. Union of India, 2023 SCC OnLine Del 7112]
Delhi High Court directs State, Delhi Jal Board and MCD to comply with Supreme Court directions for enforcement of PEMSR Act, 2013
A petition was filed for strict enforcement of the provisions of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 (“PEMSR Act”) and the Rules framed thereunder. A division bench of Satish Chandra Sharma, CJ., and Tushar Rao Gedela, J., directed the Government of NCT of Delhi, the Delhi Jal Board, the Municipal Corporation of Delhi to strictly comply with the directions as laid down by the Supreme Court in Balram Singh v. Union of India, 2023 SCC OnLine SC 1386.
[Ashok Agarwal v. Union of India, 2023 SCC OnLine Del 7114]
Explain pros and cons of medical termination of pregnancy in rape cases, in Hindi or English: Delhi High Court
In the present case, vide order dated 03-11-2023, this Court had directed the Medical Board constituted at Guru Teg Bahadur Hospital, Delhi, to examine the petitioner, victim child on 04-11-2023 to assess as to whether the medical termination of pregnancy would carry a risk to petitioner’s life at the stage of gestational period of her pregnancy. Swarana Kanta Sharma, J., opined that the Medical Board should seek petitioner’s opinion once again and in case she and her guardian were willing for medical termination of pregnancy and the Medical Board found it a fit case for the same, medical termination of pregnancy of petitioner should be conducted. The Court directed the Medical Board to explain the pros and cons of the medical termination of pregnancy, as well as pros and cons of continuing with the pregnancy if any, to petitioner and her guardian in Hindi which was her mother tongue so that there was no miscommunication.
[Minor L. v. State, 2023 SCC OnLine Del 7159]
[Oreo v. Fabio] Specific challenge to validity of mark to be made u/s 124 of Trade Marks Act, 1999 to ascertain prima facie tenability of challenge
In an application filed by the plaintiff under Section 124 of the Trade Marks Act, 1999 (‘the Act’), C. Hari Shankar, J.*, opined that if the plaintiff desired to question the validity of the mark ‘FABIO’, then as per Section 124(1)(b) of the Act, the plaintiff had to specifically challenge that mark. The Court by straining its interpretative faculties could not read into the plaint a plea that the registration of the defendant’s mark was invalid, where no such plea was actually made in the plaint. Thus, the Court opined that since the mark ‘FABIO’ was not the subject matter of challenge in the plaint and the plaintiff had not challenged the registration of the mark ‘FABIO’ in the defendant’s favour, the present application of the plaintiff failed, and accordingly dismissed the application.
[Intercontinental Great Brands v. Parle Product (P) Ltd., 2023 SCC OnLine Del 7074]
Delhi High Court directs MCD to conduct regular monitoring of Azad Market, Delhi to identify persons violating fire norms
The present petition was filed as a public interest litigation (‘PIL’) seeking directions from this Court to be issued to respondents in relation to inter alia (i) conducting a survey in order to identify unauthorized and illegal construction in the Azad Market, Delhi (‘the Subject Area’); and (ii) to take action against such properties situated in the Subject Area. The Division Bench of Satish Chandra Sharma, C.J.*, and Tushar Rao Gedela, J., opined that the grievance raised by petitioner had been sufficiently addressed by the Municipal Corporation of Delhi (‘MCD’) through the considerable efforts it had made in relation to clearing unauthorized and illegal construction in the Subject Area. However, the Court opined that it could not turn a blind eye towards any potential violations of Fire Norms, and accordingly directed the MCD and the Delhi Fire Services to ensure scrupulous and rigorous enforcement of the Fire Norms pertaining to premises specified under Rule 27 of the Delhi Fire Service Rules, 2010 (‘the Delhi Fire Rules’).
[Azad Market Residents Welfare Assn. v. Ministry of Home Affairs, 2023 SCC OnLine Del 7115]
Making unsubstantiated allegations and waging legal war against husband and his family member amounts to extreme cruelty: Delhi High Court sets aside divorce decree
In an appeal filed under Section 19 of the Family Courts Act, 1984 against the judgment dated 10-02-2020, whereby the Principal Judge, Family Court (‘Family Court’) had dismissed the divorce petition, the Division Bench of Suresh Kumar Kait and Neena Bansal Krishna*, JJ., opined that the Family Court had erred in ignoring the overwhelming evidence of false and defamatory accusations made by the respondent-wife and also, the multifarious litigations initiated by the wife against the appellant-husband and his family members, clearly established the cruelty by the wife and thus, the Court set aside the impugned judgment and granted divorce on the ground of cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 2005.
[Shiv Nath Thakur v. Nutan Thakur, 2023 SCC OnLine Del 7083]
Simple act of touch cannot be considered manipulation for penetrative sexual assault under POCSO Act
In an appeal filed by the appellant to set aside the judgment of conviction and order on sentence dated 28-10-2020, passed by the Additional Sessions Judge (POCSO Act), Central District, Tis Hazari Courts, New Delhi, (‘the Trial Court’) Amit Bansal, J.*, opined that the offence of aggravated penetrative sexual assault provided under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (‘POCSO Act’), had not been proved against the appellant beyond all reasonable doubt, but the offence of aggravated sexual assault provided under Section 10 of the POCSO Act, was proved beyond all reasonable doubt against the appellant. Thus, the Court partially allowed and modified the impugned judgment and sentenced the appellant to undergo rigorous imprisonment of five years for the offence under Section 10 of the POCSO Act and retained the fine of Rs. 5000 awarded by the Trial Court.
[Shantanu v. State, 2023 SCC OnLine Del 7067]
Claim for refund of CENVAT credit cannot be negated in the absence of self-assessed return being questioned, reviewed or re-assessed
A petition was filed challenging an order dated 04-10-2021 passed by the second respondent and in terms of which its applications for refund of unutilized CENVAT credit have come to be negatived, a division bench of Yashwant Varma and Dharmesh Sharma, JJ., quashed the impugned order and held that the respondents shall process the claim as submitted by the petitioner and effect refunds in accordance with law.
[BT (India) (P) Ltd. v. Union of India, 2023 SCC OnLine Del 7143]
Delhi High Court upholds Delhi Electricity Regulatory Commission (Renewable Purchase Obligation and Renewable Energy Certificate Framework Implementation) Regulations, 2021
The present writ petition challenged the Delhi Electricity Regulatory Commission (Renewable Purchase Obligation and Renewable Energy Certificate Framework Implementation) Regulations, 2021 (‘2021 Regulations’) and the Open Access Charges and Related Matters (Fourth Amendment) Order, 2021 (‘Order’), which increased the renewable purchase obligations and imposed additional surcharges. Petitioner, Juniper Hotels (P) Ltd. contended that the changes introduced by 2021 Regulations and Order were anti-consumer and rendered procurement of green energy unviable. Sanjeev Narula, J.*, opined that petitioner had not explained as to how the 2021 Regulations affected competition and fairness rendering electricity in Delhi more oligopoly and likewise, there was no substantiation or foundation in the allegation that procurement of power from green sources had been rendered unviable. The Court thus rejected these grounds as unsustainable.
[Juniper Hotels (P) Ltd. v. Delhi ERC, 2023 SCC OnLine Del 7100]
Delhi High Court dismisses plea challenging appointment of Dr. Ishwarappa as Director of Morarji Desai National Institute of Yoga
A Public Interest Litigation (‘PIL’) was filed as a writ of Quo Warranto seeking a judicial inquiry into the legitimacy of the appointment of Respondent 3, Dr. Ishwarappa Veerbhadrappa Basavaraddi as Director of the Morarji Desai National Institute of Yoga (‘MDNIY’), a distinguished autonomous institution under the Ministry of AYUSH, Union of India (‘AYUSH’). The Division Bench of Satish Chandra Sharma, C.J., and Sanjeev Narula, J.*, held that it was established through careful evaluation of the service records and educational qualifications that Respondent 3 had met the essential criteria for the appointment as Director of MDNIY, as applicable at the time of his appointment and compliance with the prescribed qualifications was a central pillar in upholding the legitimacy of his position.
[Ajay Pal v. Union of India, 2023 SCC OnLine Del 7174]
Conviction for committing sexual offences no ground for denying benefit of furlough to an otherwise eligible prisoner
In a writ petition filed by the petitioner under Article 226 of the Constitution read with Section 482 of the Criminal Procedure Code, 1973, Swarana Kanta Sharma, J.*, considering the imprisonment awarded to the petitioner and incarceration period undergone by him, coupled with satisfactory conduct of the petitioner inside the jail, set aside the impugned order dated 04-09-2023 and granted furlough to the petitioner for a period of twenty-one days.
[Gopi Nisha Mallah v. State (NCT of Delhi), 2023 SCC OnLine Del 7182]
Delhi High Court dismisses PIL seeking to formulate a policy for expeditious disposal of appeals within time limit under Section 250(6A) of IT Act 1961
A PIL was filed under Articles 226 and 227 seeking to formulate a policy and issue necessary directions to Commissioners (Appeals) to take steps for expeditious disposal of appeals or within the time limit envisaged by Section 250(6A) of the Income Tax Act, 1961. A division bench of Satish Chandra Sharma, CJ., and Tushar Rao Gedela, J., refuses interference in the petition considering the road map drawn up by the CBDT that adequately addresses the concerns raised in the PIL.
[All India Federation of Tax Practioners v. Union of India, 2023 SCC OnLine Del 7105]
Delhi High Court directs Centre, MHRD, Government of Delhi to implement policies on ‘skill learning, vocational training’ for children with special needs in letter and spirit
The present petition was in the nature of Public Interest Litigation filed under Article 226 of the Constitution seeking issuance of a Writ of Mandamus or any other appropriate writ/order/direction to respondents directing them to formulate a Committee and the Terms of Reference of the Committee must include drafting up and implementing of a Nationwide Plan to impart “skill learning and vocational training” to children with special needs starting from the age group of 7-17 years and to persons with special needs, the Division Bench of Satish Chandra Sharama, C.J., and Tushar Rao Gedela, J.*, opined that the grievances raised in the present petition, had been sufficiently and aptly addressed by respondents through their various plans and schemes and the same was also concurred and reiterated by petitioner’s counsel that petitioner was fully satisfied with the action plan of respondents.
[Kanika Gupta v. Union of India, 2023 SCC OnLine Del 7173]
[Contempt of Court] Delhi High Court sentences a man to six months simple imprisonment for seeking death penalty for a High Court Judge
In the present case, three contempt petitions had been preferred pursuant to directions of Division Bench-I vide order dated 31-08-2023 whereby show cause notice was issued against respondent as to why criminal contempt proceedings under Section 2(c) read with Section 12 of the Contempt of Courts Act, 1971 be not initiated against him. The Division Bench of Suresh Kumar Kait and Shalinder Kaur, JJ., observed that respondent had used utter derogatory language for the Single Judge Bench to the extent of saying that the Single Judge was a ‘thief’ and he had full proof of the same. The Court opined that respondent had no repentance for his conduct and actions and thus, this Court held respondent guilty of the Contempt of Courts Act, 1971 and consequently, sentenced him to undergo simple imprisonment for a period of six months with fine of Rs. 2,000.
[Court on its Own Motion v. Naresh Sharma, 2023 SCC OnLine Del 6961]
Delhi High Court | Remedy under Section 13(10) of SARFAESI Act cannot be considered as a remedy independent of the RDB Act
A petition was filed impugning an order dated 20-06-2019 passed by the Debts Recovery Tribunal III, Delhi whereby, the petitioner’s application under Section 13(10) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (‘SARFAESI Act’) read with Rule 11 of the Security Interest (Enforcement) Rules, 2002 (‘SIE Rules’) for the recovery of balance amount of Rs. 6,92,551.63 along with interest, was rejected on the ground that the same was less than Rs. 10,00,000 and was therefore, not within the pecuniary jurisdiction of the Debts Recovery Tribunal — III. A division bench of Vibhu Bakhru and Amit Mahajan, JJ., dismissed the petition by refusing the contentions put forth by the petitioner and held that an application under Section 13(10) of the SARFAESI Act is required to be made in a manner as prescribed in the form annexed as Appendix VI to the SIE Rules.
[IDFC First Bank Ltd. v. Union of India, 2023 SCC OnLine Del 7001]
‘Disabled persons compelled to run pillar to post by organisation like KVS’; Delhi High Court directs Social Justice Ministry to issue guidelines for the implementation of reservation policy
A PIL was filed based upon a letter dated 07-12-2022 of the National Association of Deaf (NAD) through its President Mr. A.S. Narayanan being aggrieved by advertisements issued by Kendriya Vidyalaya Sangathan (KVS) inviting applications for various posts of Principal, Vice Principal, Post-Graduate Teacher (PGT), Trained Graduate Teacher (TGT), Librarian, Primary Teacher (Music), Finance Officer, as well as other posts. A division bench of Satish Chandra Sharma, CJ., and Sanjeev Narula, JJ., held that the KVS in respect of the identified posts as per the notification dated 04-01-2021, shall issue an advertisement and shall clear the backlog of vacancies within six months from the date of receipt of certified copy of the judgment.
[Court on its Own Motion v. KVS, 2023 SCC OnLine Del 6993]
‘INDIAN STAG’ deceptively similar to ‘ROYAL STAG’, but no case of passing off made out in favour of Pernod Ricard India: Delhi High Court
In a case wherein plaintiff manufactured and sold Indian Made Foreign Liquor (‘IMFL’) under marks “ROYAL STAG” and “ROYAL STAG BARREL SELECT” in conjunction with 
picture of a crowned stag and defendants also manufactured IMFL, under the mark “INDIAN STAG” and used its own 
Stag device, C. Hari Shankar, J.*, held that prima facie, on a plain comparison between plaintiff’s and defendants’ marks, defendant had necessarily to be found to have infringed plaintiff’s mark, but no case of passing off was made out against defendant and in favour of plaintiff. Thus, the Court confirmed the ad interim order dated 25-07-2019, pending disposal of the suit.
[Pernod Ricard India (P) Ltd. v. A.B. Sugars Ltd., 2023 SCC OnLine Del 6966]
[Dream11 v. Dreamz11] Delhi High Court grants permanent injunction in favour of Dream11 in trade mark dispute
In a suit filed by the plaintiffs for the grant of permanent injunction, C. Hari Shankar J.*, granted permanent injunction to the plaintiffs and restrained the defendants and others acting on their behalf from using the mark ‘dreamz11’ or any similar variant, as a trade mark, trade name, domain name, part of their e-mail ID or in any other manner. The Court also restrained Defendant 1 and 2 from using the domain name ‘dreamz11.com’ or operating the website www.dreamz11.com. The Court also directed Defendant 3 to not register the domain name ‘dreamz11.com’.
[Sporta Technologies (P) Ltd. v. Dreamz11, 2023 SCC OnLine Del 6926]
Information Technology and Administrative Services provided by Singapore Entity to its Indian affiliate cannot be construed as Fees for Technical Services: Delhi HC
In a case wherein, the appeal was filed to challenge the order dated 30-12-2022, passed by the Income Tax Appellate Tribunal (‘the Tribunal’), the Division Bench of Rajiv Shakdher and Girish Kathpalia, JJ.*, agreed with the analysis and conclusion arrived by the Tribunal, that the services offered by the respondent to its Indian affiliates did not come within the purview of the Fees for Technical Services (‘FTS’), as reflected in Article 12(4)(b) of the India-Singapore Double Taxation Avoidance Agreement (‘India-Singapore DTAA’) and concluded that they did not fulfil the criteria of ‘make available’ principle.
[CIT (International Taxation) v. Bio-Rad Laboratories (Singapore) Pte Ltd., 2023 SCC OnLine Del 6770]
GUJARAT HIGH COURT
Whether a Judge who has passed an Order previously is eligible to be nominated as an Arbitrator? — Gujarat HC answers
In a petition raising a question for applicability of Section 12 and 14 of the Arbitration Conciliation Act, 1996 (‘the Act’) as the arbitrator appointed by the respondent had a previous involvement with the same case, hence being contrary of Section 12(5) of the Act, Sunita Agarwal, CJ., after considering the order passed by the nominated Arbitrator in the capacity of Judge, held that nominated Arbitrator cannot be said to have any involvement in the case. Thus, the nomination cannot be held to be ineligible under Section 12(5) of the Act.
[JRE Infra Private Limited v. Deendayal Port Authority, R/Petition Under Arbitration Act No. 161 of 2023]
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.
[Bharatkumar Ramabhai Patel v. State of Gujarat, R/Criminal Miscellaneous Application (For Successive Regular Bail — After Chargesheet) No. 9824 Of 2023]
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.
[Ketkiben Vasudev Vyas v. State of Gujarat, 2023 SCC OnLine Guj 4086]
No mental stability examination in habeas corpus petition for mother daughter duo alleged of influence under black magic: Gujarat HC
In an application seeking writ of habeas corpus against the respondents to present the petitioner’s daughter and wife before the Court and seeking their medical examination, the Division Bench of A.S. Supehia and Gita Gopi, JJ. dismissed the application and held that that the corpus cannot be forcefully subjected to medical test to ascertain their mental stability that too in habeas corpus petition on vague allegations that they are practicing black magic.
[Padmaben Rajendrabhai Vyas v. State of Gujarat, 2023 SCC OnLine Guj 3895]
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, 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.
[Sushil Kumar v. State of H.P., 2023 SCC OnLine HP 1532]
State is not expected to deprive lawful benefits of employees; Himachal Pradesh HC grants service benefits to employees from initial date of appointment on contract basis
In a petition filed by the petitioners for seeking various reliefs with respect to fixation, protection of pay, grant of grade pay, consequential benefits and seniority, the Division Bench of Vivek Singh Thakur* and Bipin Chander Negi, JJ., opined that in the present case, the petitioners were entitled for counting their services from the date of initial appointment on contract basis for the purpose of seniority and all consequential benefits as initial appointment of the petitioners on contract basis after following a procedure prescribed in the Recruitment and Promotional Rules (‘R&P Rules’). Further, the petitioners should also be entitled to count the said contract service for granting annual increments and pensionary benefits. The Court stated that all the benefits including seniority should be settled and extended to the petitioners on before 31-12-2023.
[Chaman Lal v. State of H.P., 2023 SCC OnLine HP 1469]
Conviction can be based only on cogent, reliable and credible evidence of official witnesses: Himachal Pradesh High Court
In a case wherein the appeal was filed against the conviction of the appellant by the Special Judge, the Division Bench of Tarlok Singh Chauhan* and Ranjan Sharma, JJ., opined that evidence of official witnesses was not to be disbelieved merely because they were official witnesses. The Court opined that unless it had been proved contrary, the presumption is that every witness was impartial and independent. Statements of official witnesses could be the basis for the conviction of the accused, but before basing conviction on the evidence of an official witness, strict scrutiny with care and caution was required.
[Mohd. Nadeem Akram v. State of H.P., 2023 SCC OnLine HP 1464]
JAMMU AND KASHMIR AND LADAKH HIGH COURT
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?
[Peerzada Shah Fahad v. State (UT of J&K), 2023 SCC OnLine J&K 954]
J&K and Ladakh HC quashes detention order over snapped live link to illicit activities and vague Daily Diary Reports
While considering the instant petition wherein the petitioner challenged the order detaining him under Section 3 of Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 on the ground that the impugned order was vague, suffers from non-application of mind etc., the bench of Rajnesh Oswal, J.*, quashed the impugned order for being unsustainable in law stating that the live link between petitioner’s illicit activities has been snapped and the Daily Diary Reports (DDRs) presented before the Court contained vague and bereft of necessary details in respect of the specific activities of the petitioner.
[Kewal Krishan v. Home Department, 2023 SCC OnLine J&K 941]
KARNATAKA HIGH COURT
‘To achieve purity in election process in particular’, Karnataka HC directs State Election Commission to issue requisite forms in all State local body elections
While considering the instant appeal challenging the decision Single Judge’s order upholding the annulment of appellant’s election; the Division Bench of Prasanna B. Varale, CJ.*, and Krishan S. Dixit, J., refused to interfere in the matter on certain grounds, where one of the grounds being that Single Judge after examining the matter had recorded a finding that the appellant had criminal antecedents and the same were not disclosed in the affidavit accompanying the nomination papers. In the process of ensuring purity of elections, the Supreme Court in plethora of decisions had declared that the disclosure of such antecedents is a matter of right of the electors who can form an informed decision about the candidates in the electoral fray and that non-disclosure therefore is a ground for setting aside the election of Returned Candidates. The Single Judge has rightly framed the impugned order keeping in view the existing Supreme Court decisions.
[H.V. Ashok v. H.N. Gopal, Writ Appeal No. 1249 of 2023]
[Aadhaar Card] Relationship by marriage does not eclipse the right to privacy: Karnataka High Court
While considering the instant case vis-à-vis the application of a wife seeking information contained in the Aadhaar Card of her husband; the Division Bench of S. Sunil Dutt Yadav* and Vijaykumar A. Patil, JJ., stated that the right to privacy of Aadhaar number holder preserves the autonomy of the individual’s right to privacy which has been conferred primacy and admits of no exception under the statutory scheme. The relationship by marriage which is a union of two partners does not eclipse the right to privacy which is the right of an individual and the autonomy of such individual’s right stands recognized and protected by the procedure of hearing contemplated under Section 33. The marriage by itself does not do away with the procedural right of hearing conferred under Section 33 of Aadhaar Act, 2016.
[The Deputy Director General v. P. Lavanya, WRIT APPEAL NO. 100406 OF 2023]
Karnataka HC refuses to interfere with State Govt’s decision to cancel recruitment examination for the post of Police Sub-Inspector and order a re-examination
While considering a bunch of petitions which had challenged the decision of the State Government to conduct fresh written examinations for all the candidates who had earlier appeared in the examination for the post of ‘Police Sub-Inspector (Civil)’ in the State of Karnataka on 21-01-2021; the Division Bench of P.S. Dinesh Kumar* and T.G. Shivashankare Gowda, JJ., refused to interfere with the decision of the State Government stating that the evaluation of academic achievement or the suitability of a candidate for public employment necessitates an examination process that adheres to principles of rationality. “Rationality stands as a fundamental requirement within the realm of public administration. The decision to cancel an examination is an extreme step usually taken in the interest of maintaining the integrity of the examination process and to ensure absolute fairness to all the candidates both successful and unsuccessful”.
[Chandan N.V. v. State of Karnataka, 2023 SCC OnLine Kar 73]
Merely because a person has been named in a suicide note, one can’t jump to conclusion that such person is the offender under S. 306, IPC: Karnataka HC
While considering the instant petition for quashment of FIR registered for offence under Section 306 r/w Section 149 of Penal Code, 1860, the Bench of Venkatesh Naik T., J.*, stated that merely because a person has been so named in a suicide note, one cannot immediately jump to conclusion that such a person is the offender under Section 306, IPC. The contents of the suicide note, and other attending circumstances have to be examined to find out whether it is abetment within the meaning of Section 306 r/w Section 107 of IPC.
[Hanamantraya v. State, 2023 SCC OnLine Kar 72]
KERALA HIGH COURT
Kerala High Court acquits parents who disposed of daughter in Arabian Sea, believing her to be lifeless
In an appeal by the parents who were convicted for disposing of their infant daughter in the Arabian Sea, believing her to be life lifeless, challenging the conviction and sentence for offences punishable under Sections 302 and 201 read with Section 34 of the Penal Code, 1860 (IPC), the Division Bench of P.B. Suresh Kumar* and Johnson John, JJ. set aside the conviction since prosecution failed to prove suspicion beyond reasonable doubt.
[Prathibha v. State of Kerala, Criminal Appeal No. 277 of 2019]
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.
[P.K. Uthuppu v. N.J. Varghese, Criminal Revision Petition No. 1374 of 2010]
MADHYA PRADESH HIGH COURT
Criminal Justice| Madhya Pradesh High Court directs integration of “SANDES APP” and ICJS for witness protection and improved communication
In a case pertaining to allegations of intimidation directed at the complainant and key witness, a single-judge bench comprising of Anand Pathak, J., issued directions to facilitate an ongoing effort by the Court to promote better coordination and communication within the criminal justice system in the state of Madhya Pradesh.
[Radhe v. State of M.P., 2023 SCC OnLine MP 3955]
MADRAS HIGH COURT
Decoding Madras HC verdict in PG Medical Seat Scam which denied admission to 28 students selected on merit by CENTAC
In writ appeals filed by the Post Graduate (‘PG’) Medical students and the Institutions against the order of the Writ Court, wherein the Court upheld the orders of discharge passed by the National Medical Commission (‘NMC’) of 34 Post Graduate medical students on the ground that the students were neither sponsored by the Centralized Admission Committee (‘CENTAC’), Puducherry, nor had they applied for admission through CENTAC, the division bench of R. Subramanian and R. Kalaimathi, JJ. held that the admission of all these discharged candidates is illegal and awarded compensation of Rs.15,00,000/- to the students who were denied admission.
[Dr.Dhanush C M L v National Medical Commission, W.A.Nos.835 of 2021]
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.
[G. Mayakannan v. Collector, 2023 SCC OnLine Mad 7460]
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.
[Madras Bar Assn. v. Elephant G. Rajendran, 2023 SCC OnLine Mad 7457]
Madras HC directs tax department to investigate misuse of login ID and Password of dealer by third party, enabling tax evasion
In a writ petition challenging the notice dated 29-07-2022 issued by the State Tax Officer seeking to recover a sum of Rs. 11,63,24,233/- from the petitioner for the assessment years 2014-2015 and 2015-2016 without even serving a copy of the assessment order, C. Saravanan, J. has directed the Commercial Tax Department to co-ordinate with the respondents and investigate the complaint of the petitioner within 18 months from the date of receipt of a copy of this order.
[Shewil Trading Co. v. CCT, 2023 SCC OnLine Mad 6974]
[Trade mark Infringement] Madras HC restrains sale of Sunfeast Mom’s Magic butter cookies in blue wrapper, being deceptively similar to Britannia Good day
In batch of appeals against the order of the Single Judge, dated 10-10-2023, wherein the Court has injuncted ITC Ltd. from marking its product Sunfeast Mom’s Magic Butter Cookies in the blue colour wrapper, the division bench of Sanjay V. Gangapurwala, CJ. and D. Bharatha Chakravarthy, J. upheld the impugned order. However, it permitted ITC Ltd. to sell the existing stock which is already packed in the offending blue colour wrappers.
[ITC Ltd. v. Britannia Industries Ltd., 2023 SCC OnLine Mad 6972]
TN Online Gaming Act applies only to games of chance and not games of skill: Madras High Court
In a petition filed under Article 226 of the Constitution of India seeking a writ of declaration to declare Tamil Nadu Prohibition of Online Gambling and Regulation of Online Games Act, 2022 as ultra vires, the bench comprising of Sanjay V. Gangapurwala, CJ and P.D. Audikesavalu J held the impugned Act can only apply to games of chance and not games of skill. Hence, the Act in its entirety, need not be held to be ultra vires. The Court also noted that the State is competent to legislate to the extent of prohibiting online gambling, i.e., games of chance. At the same time, it has got the authority to regulate online games of skill.
[All India Gaming Federation v. State of T.N., 2023 SCC OnLine Mad 6973]
Madras High Court grants relief to TNPSC aspirant who wrote “Jai Hind” while concluding her mains exam essay
In a petition praying for declaring the invalidation of the petitioner’s answer paper in Essay Part-B (Main Exam) for recruitment to posts included in Combined Civil Services Examination-II Group-II Services (2013-2014) conducted by Tamil Nadu Public Service Commission (‘TNPSC’), on 08-11-2014 as illegal and consequently to direct the respondent to evaluate the petitioner’s answer paper and award marks and consider the petitioner for appointment to the posts included in Combined Civil Services Examination-II Group II Services, Battu Devanand, JJ. while holding the above action of TNPSC as illegal, unjust and arbitrary and violative of Articles 14 and 21 of the Constitution of India, has directed TNPSC to validate the petitioner’s answer papers; and based on the marks awarded in Part-A and Part-B, if the petitioner secured requisite marks, she must be appointed to the post included in Combined Civil Services Examination-II Group-II Services within a period of four weeks from the date of receipt of a copy of this order.
[M. Kalpana v. T.N. Public Service Commission, 2023 SCC OnLine Mad 6971]
Madras HC directs Customs Department to release apples imported from New Zealand on furnishing bank guarantee towards differential duty
In an appeal filed by Customs Department under Clause 15 of the Letters Patent against the interim order dated 17-08-2023, wherein the Court has granted an order of interim direction to Customs Department to assess and release of the goods covered under the bill dated 26-06-2023, R. Mahadevan, J. has directed the Customs Department to release the subject goods (fresh apples) on furnishing of bank guarantee to the tune of Rs. 2,25,000/- towards differential duty, by the respondent.
[Commr. of Customs v. N.C. Alexander, 2023 SCC OnLine Mad 6661]
MEGHALAYA HIGH COURT
Meghalaya HC grants bail to person accused of sexually assaulting 13-year-old minor
In an application for seeking bail for offences under Section 5 (k)(l)(n) read with Section 6 of the Protection of Children from Sexual Offences Act, 2012 (‘POCSO Act’), W. Diengdoh, J. granted bail to the accused after considering the delay in trial, hence granting the accused an opportunity to defend his case to the fullest at this point of time.
[Edwos Syngkli v. State of Meghalaya, Bail Application No. 36 of 2023]
ORISSA HIGH COURT
Orissa High Court refuses bail to NDPS accused transporting 476 kgs Ganja to Punjab
In a bail application under Section 439 of the Code of Criminal Procedure, 1973 (‘CrPC’) for the offence under Section 20(b)(ii)(c) read with Section 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (‘NDPS Act’), Sashikanta Mishra, J. rejected the application for large quantity of contraband seized.
[Bama Devi v. State of Odisha, Bail Application No. 5492 of 2023]
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.
[Mohd. Naseer v. Enforcement Directorate, 2023 SCC OnLine Ori 6314]
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.
[Pritpal Singh v. State of Punjab, 2023 SCC OnLine P&H 2866]
‘Married man living a lustful and adulterous life with unmarried woman, may constitute bigamy’; Punjab and Haryana High Court refuses relief to live-in couple
In a petition under Article 226 of Constitution of India seeking issuance of writ of mandamus upon State authorities to protect their lives and liberties at the hands of private respondents, their friends and relatives, along with the direction not to falsely implicate them in any false criminal case at the behest of private respondents, their friends and relatives, Kuldeep Tiwari, J. refused to grant any relief to the couple approaching the Court to avoid criminal prosecution and obliquely obtain the seal of the Court on their conduct.
[Reena Devi v. State of Punjab, 2023 SCC OnLine P&H 2818]
Armed with iron rod but gave leg and fist blows; Punjab and Haryana High Court grants pre-arrest bail in a murder case
In a petition seeking anticipatory bail for offences under Sections 302, 307, 323, 506 and 34 of the Penal Code, 1860 (‘IPC’), the Bench of Rajesh Bhardwaj, J. allowed the same making previous interim order granting bail absolute.
[Puran Chand v. State of Punjab, 2023 SCC OnLine P&H 2492]
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.
[Naitik Singh v. Union of India, 2023 SCC OnLine Raj 3649]
Mother cannot be discriminated, as far as maternity leave is concerned; Rajasthan HC grants maternity leave to surrogate mother
In a writ petition filed under Article 226 of the Constitution, Anoop Kumar Dhand, J. opined that a mother could not be discriminated, as far as maternity leave was concerned, only because she had begotten the child through the process of surrogacy. Newly born babies through this process could not be left at the mercy of others. The bond of love and affection develops between the mother and children during the period after birth, as these infants needed love, care, protection and attention of mother during the early crucial time after their birth. Thus, the Court set aside the impugned order and directed the respondent to sanction 180 days maternity leave to the petitioner.
[Chanda Keswani v. State of Rajasthan, 2023 SCC OnLine Raj 3274]
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