ALLAHABAD HIGH COURT
Protection from marital rape continues in case where wife is 18 years old or more: Allahabad HC acquits husband under S. 377 IPC…
In a criminal revision by the convict against the judgment of the Appellate Court, wherein the Court partly allowed the Trial Court’s order to the extent that conviction for charge under Section 498-A, 323, 377 of the Penal Code, 1860 (‘IPC’) has been affirmed, but his conviction and sentence for charge under Section 4 of Dowry Prohibition Act, 1961 has been set aside. The sentence awarded by the Trial Court for charge under Section 377 IPC has been modified and reduced to four years, Ram Manohar Narayan Mishra, J. has acquitted the husband from the charge under Section 377 IPC, further reduced the sentence for offences under Sections 498-A, 323 IPC to period already undergone. Read more
Jurisdiction for Appeal against denial of Succession Certificate by Civil Judge lies with District Judge, not High Court: Allahabad HC
In an appeal filed under Section 384(1) of the Succession Act, 1925 (‘Act, 1925’) against the order passed by the Civil Judge, wherein the Court had rejected the application preferred under Section 372 of the Act, 1925 for obtaining the Succession Certificate, under the Succession Act, concerning the issue that whether the present appeal is maintainable in view of the provisions contained in Section 388(2) of the Act, 1925, Yogendra Kumar Srivastava, J., has said that the order having been passed by the Civil Judge invested with the power to exercise the function of a District Judge under Part X, the proviso to Section 388 (2) would be attracted and an appeal from the order passed by the Civil Judge, which is the inferior Court, would lie to the District Judge, and not to the High Court. Read more
No bar which can restrict landlord from beneficial enjoyment of his property: Allahabad HC upholds order directing tenant to vacate premises
In a writ petition challenging the order dated 13-12-2022 passed by Rent Controller and also the order dated 24-04-2023 passed by District Judge rejecting the appeal preferred by the petitioner against the order of Rent Controller, Alok Mathur, J. has upheld the impugned orders of vacating the tenant from the premises. However, after considering the second proviso of Section 21(1)(a) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (‘Act,1972’) and to meet the ends of justice, directed the respondent to pay Rs.25,000/- as compensation to the petitioner as he has been in tenancy of the premises for over three decades. Read more
BOMBAY HIGH COURT
Transgression of reasonable restrictions on freedom of speech and expression may lead to disastrous consequences: Bombay High Court
In a petition filed by a Hitachi company under Articles 226 and 227 of the Constitution of India as against the order passed by the Labour Court on 31-05-2023 in favour of an office bearer of its recognized Union, Milind N. Jadhav, J. strictly stated the importance of reasonableness while exercising freedom of speech and expression, and quashed the impugned order while upholding the enquiry against the said workman. Read more.
Know why Bombay High Court quashed charges against wife who allegedly assaulted husband with broom, bit his hand.
In a petition under Article 226 of the Constitution of India challenging the chargesheet filed against the petitioner for offences punishable under Sections 324, 427, 504 and 506 read with 34 of the Penal Code, 1860 (‘IPC’), the Division Bench of Prakash D. Naik and N. R. Borkar, JJ. quashed and set aside the criminal proceedings in the impugned case against the wife pointing out the gaps in the prosecution evidence. Read more.
Bombay High Court dismisses appeal against conviction for murder of his wife based on child witness’ testimony
A criminal appeal was filed assailing the judgment and order of conviction dated 26-10-2016 passed by the Additional Sessions Judge holding appellant guilty for offence punishable under section 302 of Penal Code, 1860 (IPC) and thereby sentencing him to suffer imprisonment for life and to pay fine. A division bench of Vibha Kankanwadi and Abhay S. Waghwase, JJ., dismissed the appeal on the ground that strong incriminating circumstances coupled with child witness testimony confirming the culpability of appellant. Read more
CALCUTTA HIGH COURT
‘Right to property is a constitutional right under Article 300-A’; Calcutta High Court grants Compensation for land utilisation without due process
In a writ petition alleging dispossession before the issuance of the Section 4(1) notification under the Land Acquisition Act, 1894, resulting in a violation of petitioner’s property rights under Article 300-A of the Constitution of India, a single-judge bench comprising of Suvra Ghosh,* J., held that the petitioner is entitled to compensation, treating the case as a deemed acquisition, as the land was utilized without due process. Read more
Calcutta High Court decides technical eligibility criteria and joint venture value assessment in Railway tender dispute
In an appeal challenging the judgment and order dated 07-07-2023, passed by a Single Judge where the orders of rejection of the Techno Commercial Bid of the respondent were contested in the writ petitions, a division bench comprising of T.S. Sivagnanam, CJ., and Hiranmay Bhattacharyya,* J., held that the rejection of the respondent’s bid was deemed justified, and the direction to conduct the tender process afresh is liable to be set aside. The Court allowed the appeals, the impugned judgment and order were set aside, and the orders of rejection of the bids were restored. Read more
‘Inheritance rights and authority restricted to deceased testatrix’s footsteps’; Calcutta High Court’s major relief to Lodhas in Priyamvada Birla Will Case
In a case involving a protracted legal battle over the estate of Mrs. Priyamvada Devi Birla, encompassing challenges to her Will, disputes over the appointment of Executors and Administrators, and conflicting decisions regarding business matters and director appointments, a division bench comprising of T.S. Sivagnanam,* CJ., and Hiranmay Bhattacharyya,* J., held that the testamentary court has the authority to decide the prima facie extent of the deceased testator/testatrix’s estate, grant third-party injunctions in exceptional cases, and allow the Administrator Pendente Lite (APL) to influence decisions concerning the estate, subject to specific conditions and approval processes. The case was disposed of with the hope that the letters of administration suit would be expedited without unnecessary adjournments. Read more
Tender alterations after bid submission arbitrary and violative of Article 14: Calcutta High Court
In a petition challenging the post-bid submission alterations in tender conditions, a single-judge bench comprising of Sabyasachi Bhattacharyya,* J., found that altering the minimum bid price after bids are submitted is arbitrary and violates the principles of fair competition. The Court set aside the resolution dated 04-09-2023, instructing the respondent authorities to proceed with the tender process based on the original tender document. Read more
Calcutta High Court affirms conviction under Section 138 of NI Act; upholds Lower Courts’ findings on Part Payment Evidence
In a criminal revision preferred under Section 482 read with Section 401 of the Criminal Procedure Code, 1973 (CrPC) challenging conviction and sentence in connection with a case under Section 138 of the Negotiable Instrument Act, 1881 (NI Act), a single-judge bench comprising of Subhendu Samanta,* J., dismissed the criminal revision and affirmed the judgment of the lower courts, stating that there was no perversity in their findings. Read more
Calcutta High Court dismisses petitions seeking appointment as primary teachers due to document verification failure.
In two writ petitions with identical issues related to the selection process conducted by the Midnapore District Primary School Council in 1996 for appointing primary teachers reserved for scheduled caste candidates, a single-judge bench comprising of Aniruddha Roy,* J., found that the petitioners were disqualified as they could not prove their participation in the selection process for the Primary Teachers’ post and there is no irregularity in the decision-making of the Jurisdictional Chairman of the Primary School Council. Read more
Calcutta High Court dismisses revision considering time lapse and availability of legal recourse under Section 144(5) CrPC
In a revision seeking quashing of proceedings under Section 144(2) of the CrPC before the Metropolitan and Executive Magistrate, Calcutta, a single-judge bench comprising of Shampa Dutt (Paul),* J., dismissed the revision, stating that the interference of the Court is not required at this stage, considering the lapse of time and the availability of legal recourse for altering the prior order under Section 144(5) CrPC. Read more
Calcutta High Court Sets aside conviction for Rape due to lack of corroborative evidence and witness discrepancies.
In an appeal against the judgment and order of conviction passed by the Additional Sessions Judge for commission of offence punishable under Sections 448/376 of the Penal Code, 1860 (IPC), a single-judge bench comprising of Ananya Bandyopadhyay,* J., found discrepancies, lack of corroboration, and potential malicious intent in the present case and therefore allowed the appeal, and the conviction was set aside. The Court emphasised the need for caution in accepting the sole testimony of the prosecutrix when circumstances are improbable. Read more
Calcutta High Court upholds widowed daughter’s right to family pension in Non-Government colleges
In a writ petition pertaining to a legal dispute over the entitlement of a widowed daughter of a deceased lecturer from a Non-Government College to receive family pension benefits and seeking a mandamus to release such family pension, a single-judge bench comprising of Partha Sarathi Chatterjee,* J., held that the exclusion of widowed daughters from family pension benefits is not constitutionally valid and sets aside the Director’s order. The Court directed the Director to release the family pension if the petitioner fulfilled financial dependency criteria. Read more
Calcutta High Court directs Police to allow public meeting to raise issues of public importance, ensuring safety and security
While deciding the petitioner is entitled to the direction sought against the respondent police authorities for permission to conduct a public meeting, a single-judge bench comprising of Jay Sengupta, J., directed the respondent police authorities to grant permission for the public meeting, ensuring safety and security. Participants were directed to adhere to all applicable norms. Read more
Calcutta High Court quashes Disciplinary proceeding against Visva-Bharati University’s Professor over alleged failure to address student agitation.
In a writ petition preferred by the petitioner, professor and Proctor at Visva-Bharati University, challenging the disciplinary proceedings resulting in his removal from the post, a single-judge bench comprising of Kausik Chanda,* J., on finding procedural irregularities and a misdirection in the disciplinary proceedings, sets aside the imposed penalty and orders the refund of any deducted amount to the petitioner with interest. Read more
Calcutta High Court upholds conviction under Section 304 IPC with modified sentencing in light of post-remission release
In an appeal against conviction, a single-judge bench comprising of Rai Chattopadhyay,* J., after considering the consistent evidence and absence of substantial contradictions concurred with the trial court’s findings and upheld the conviction under Section 304 IPC. The Court modified the sentence based on the appellant’s period of incarceration. Read more
Calcutta High Court affirms Director’s liability under Section 32 of Industrial Disputes Act, 1947; directs compliance of compensation order
In a criminal revision against the judgment and order dated 08-08-2019, passed by the City Sessions Court at Calcutta, affirming the Order dated 11-01-2019, by the Metropolitan Magistrate against a complaint under Section 33-C(1) of the Industrial Disputes Act, 1947 (the Act), against the petitioner, a single-judge bench comprising of Shampa Dutt (Paul),* J., affirmed the lower court orders, upholding the liability of the petitioner under Section 32 of the Act. The Court underscored the importance of timely compliance with compensation orders under the Act and discouraged abuse of the legal process. Read more
Calcutta High Court affirms right to seek de-requisition; directs Collector to issue formal order of de-requisition.
In a writ petition seeking a formal order for the de-requisition of land after purchasing the same from the proforma respondents, a single-judge bench comprising of Suvra Ghosh,* J., distinguished the petitioner’s status as a post-vesting transferee and recognised the petitioner’s right to challenge the de-requisition process. The Court found in favor of the petitioner, emphasising that the earlier court order set aside the requisition and the subsequent attempts by the State were void ab initio. Read more
Calcutta High Court invokes Force Majeure in sand mining lease dispute; grants extension of lease
In a petition by a private limited company engaged in sand mining, challenging the Assistant Secretary’s order dated 10-042023 rejecting petitioner’s plea for extension of mining lease, a single-judge bench comprising of Suvra Ghosh, J., directed the Assistant Secretary to grant an extension for the period of lost mining operations within six weeks. Read more
Calcutta High Court upholds Bank’s right to take disciplinary action against employees for proven misconduct
In a writ petition seeking a writ of mandamus to quash the Enquiry Officer’s report, the penalty order of the disciplinary authority, and the appellate court’s order, a single-judge bench comprising of Hiranmay Bhattacharyya,* J., dismissed the writ petition due to the petitioner’s failure to demonstrate a violation of natural justice and upheld the Bank’s actions as justified. Read more
Calcutta High Court mandates Police Picket at deceased INC political worker’s wife residence to ensure Peace and Security
In a writ petition by wife of a deceased political worker associated with the Indian National Congress seeking police protection and alleged inaction by the police following an attack on her husband by members of the ruling political party after the 2023 panchayat elections, a single-judge bench comprising of Jay Sengupta, J., disposed of the petition while emphasising the need for an expeditious and lawful investigation and ensuring the safety of the petitioner’s family through the continued presence of a police picket for the stipulated period. Read more
Section 43(4) of Arbitration and Conciliation Act, 1996 does not create new window after expiry of limitation: Calcutta High Court
In a petition seeking appointment of an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 (the Act), a single-judge bench comprising of Moushumi Bhattacharya,* J., held that the petitioner’s claims and the present application are barred by the laws of limitation and are, therefore, not maintainable. Read more
SARFAESI Act does apply to fishing vessels; Co-operative Banks have discretion to choose recovery methods: Calcutta High Court
In a petition challenging the sale of fishing vessel on bank’s failure to issue a notice under Section 13(2) of the SARFAESI Act, 2002 (SARFAESI Act) before selling the vessels rendering the entire process unauthorised, a division bench comprising of Arijit Banerjee and Apurba Sinha Ray,* J., affirmed that SARFAESI Act does not apply when security interest is created in vessels defined by the Merchant Shipping Act, 1958 and rejected the appellant’s claims against the bank’s actions. The Court held that the Cooperative Banks have discretion in choosing recovery methods. The Court also emphasised the need for factual matters to be addressed through proper evidentiary proceedings. Read more
Calcutta High Court upholds right to challenge non-arbitrability in landlord-tenant dispute; sets asides Arbitral Award
In an appeal against the judgment and order passed on 08-06-2021, by Single Judge under Section 34 of the Arbitration and Conciliation Act, 1996 (the Act), a division judge bench comprising of Siddhartha Roy Chowdhury* and Soumen Sen, J., held that the landlord-tenant disputes fall under the West Bengal Premises Tenancy Act, 1956 making it non-arbitrable. The Court sets aside the judgment and the arbitral award, concluding that the dispute is beyond the scope of the Act. Read more
CHHATTISGARH HIGH COURT
Partner cannot be held liable for abetment to suicide, if lover commits suicide due to failed love affair: Chhattisgarh High Court
In a criminal revision preferred by the applicants under Section 397 read with Section 401 of the Criminal Procedure Code, 1973 (‘CrPC’) aggrieved by the order dated 13-10-2023, whereby charges were framed against the applicants, Parth Prateem Sahu, J., opined that prima facie there was no material available on record to hold that the petitioner had committed an offence punishable under Sections 306 and 34 of the Penal Code, 1860 (‘IPC’) and in absence of any material on record of definite nature which remotely indicated that any such act or intention on the applicants’ part for abetting the commission of suicide, the Trial Court had committed illegality in framing charge under Sections 306 and 34 of the IPC against the applicants and quashed the charges framed against the applicants. Read more.
Chhattisgarh High Court commutes death sentence of man convicted for killing his parents over ideological differences
In a case wherein, the Trial Court after passing the death sentence to the respondent-accused, submitted the proceedings to the present Court for confirmation of the death sentence as per Section 366(1) of the Criminal Procedure Code, 1973 (‘CrPC’), the Division Bench of Ramesh Sinha, CJ., and Naresh Kumar Chandravanshi, J.*, opined that in the instant case, the respondent had caused brutal murder of his father and mother and hence his act shocked the conscience of the Court and society at large, but motive of the crime was not found so grievous in nature. Thus, due to such trivial issues, instant crime of double murder was committed and extreme sentence of capital punishment was not warranted and the present case did not fell within the category of ‘rarest of rare cases’. Thus, the Court opined that imprisonment for life to the extent of remainder of natural life of the respondent would be complete and adequate to meet the ends of justice and directed the commutation of death sentence to imprisonment of life to the extent for remainder of natural life of the respondent. Further, the Court affirmed the respondent’s conviction under Section 25(1B)(a) and Section 27(2) of the Arms Act, 1959 (‘the Act’) and reduced the sentence from five years to three years for the offence under 25(1B)(a) of the Act. Read more
DELHI HIGH COURT
‘Doctors are referred as “next to God”; Delhi High Court refuses bail to neurosurgeon at Safdarjung Hospital relating to medical equipment conspiracy.
A petition was filed seeking regular bail in a case under Sections 7, 7-A and 12 of the Prevention of Corruption Act, 1988 read with Section 120-B Penal Code, 1860 (IPC). Vikas Mahajan, J., refused bail to the petitioner being devoid of merits. Read more.
Children’s room in District Courts must be kept open for visitation on Sundays and Second Saturdays as well: Delhi High Court.
The Division Bench of V. Kameswar Rao* and Anoop Kumar Mendiratta, JJ., opined that the children room in every District must be kept open on Sundays and second Saturdays also between 10am to 5pm, so that any Court passing an order of visitation could also direct the visitation to be affected in Children Room, Family Court, District Court on every second Saturday and Sunday as well. Read more
‘Just looking like a wow!’; Delhi High Court grants injunction in favour of Body Cupid Private Limited for its ‘WOW’ mark
A suit was filed relating to the trade mark ‘WOW’ used by the Plaintiff in respect of toiletries and other products, including personal care products since 2014. Prathiba M Singh, J., restrained the defendant 1 to 4 from using the marks ‘WQVV’ or any other mark that is identical or deceptively similar to the plaintiff’s trade mark ‘WOW’, including the device and logo form of the ‘WOW’ marks, for the manufacture and sale of products. Read more
Sale of re-possessed vehicles is subject to charge of VAT: Delhi High Court reiterates
Petitioner filed the present petition challenging the constitutional validity of the definition of the term ‘dealer’ as defined under Section 2(1)(j) of the Delhi Value Added Tax Act, 2004 (‘the DVAT Act’). Petitioner was aggrieved by the Explanation to Section 2(1)(j)(vii) of the DVAT Act, inasmuch as it also included any corporation or company engaged in commercial banking. The Division Bench of Vibhu Bakhru* and Amit Mahajan, JJ., opined that petitioner’s contention that it was not liable to pay tax on sale of goods on the ground that there was no value addition, was insubstantial. The Court thus rejected petitioner’s challenge to the constitutional validity of the definition of the ‘dealer’ as it was founded on ex facie erroneous premise. Read more
‘Does not constitute infringement of trade mark’; Delhi HC sets aside order restraining Booking.com from using ‘MakeMyTrip’ as keyword on Google Ads Program
Appellant, Google LLC filed the present appeal impugning an ad-interim order dated 27-04-2022 passed by the Single Judge, whereby Google was restrained from using the mark ‘MakeMyTrip’ together/in conjunction, with or without spaces as a keyword on the Google Ads Program. The Division Bench of Vibhu Bakhru*, and Amit Mahajan, JJ., set aside the impugned order passed by the Single Judge and held that the Single Judge’s view that use of trade mark ‘MakeMyTrip’ as a keyword by Booking.com, which was one of its major competitors, would amount to infringing use under Section 29(4)(c) of the Trade Marks Act, 1999 (‘the Act’), was erroneous. Read more
Delhi HC temporarily restrains Cornerstone Sport and Entertainment Pvt Ltd. from playing copyrighted songs of Phonographic Performance Limited
In an application filed under Order 39 Rules 1 and 2 of the Civil Procedure Code, 1908, C. Hari Shankar, J., till the next date of hearing, restrained the defendants and all other acting on their behalf from playing any of the recordings which formed the subject matter of the plaintiff’s copyright and figuring on the plaintiff’s website without obtaining a prior license from the plaintiff. Read more
‘Puma cats and lion belong to same family, Felidae’; Delhi HC cancels ‘leaping lion’ mark of Gajari Online Services Pvt. Ltd in rectification petition filed by PUMA
In a case wherein a rectification petition was filed by Petitioner, PUMA SE seeking cancellation or rectification of the trade mark registered in the name of Respondent, Gajari Online Services (P) Ltd., Prathiba M. Singh, J.*, after considering the clear imitation of the Petitioner’s leaping cat device mark and the identity between both marks, opined that the Respondent’s mark was liable to be cancelled. Read more.
Strict obedience required towards disclosure of criminal antecedents by anyone seeking employment in disciplined forces: Delhi High Court
In a petition seeking to quash orders dated 02-03-2016 and 28-03-2018, the Division Bench of Sanjeev Sachdeva and Manoj Jain*, JJ., opined that there had to be strict obedience towards disclosure of their criminal antecedents by anyone seeking employment in disciplined forces and invariably, there was no room for the one who endeavoured to seek employment by concealing material fact about his criminal antecedents. The Court opined that there was deliberate suppression of material facts with respect to a criminal case, which was pending at the time when the forms were filled up by the petitioner. Thus, the respondents were justified in terminating the petitioner. Read more
Trial will have to begin de novo when case is committed by Magistrate to Court of Session: Delhi High Court
In a petition challenging the impugned order dated 22-11-2022, passed by Additional Sessions Judge, Patiala House Courts, New Delhi (‘the Sessions Court’), Amit Bansal, J.*, opined that when a case was committed by the Court of Magistrate to the Court of Session, the Magistrate would become functus officio and any evidence recorded therein could not be held admissible for the purposes of a de novo trial before the committal Court. Therefore, the evidence would also have to be recorded de novo. Thus, the Court set aside the impugned order dated 22-12-2022 and directed that the trial should proceed before the Sessions Court from the stage it was before the impugned order was passed. Read more
Delhi High Court| Tata Sons shall cease to use ‘XPERT’ as trademark but use EXPERT in a non-trademark sense in a descriptive manner for its detergent product
A suit was filed by the plaintiff seeking permanent injunction restraining infringement of its trade mark and passing off. Prathiba M Singh, J., laid down the terms in which the matter stands resolved. The terms are that the Defendants shall cease use of the partial clock device and use a red/blue circular device for depicting/encircling the expression `15 minutes’. It will be ensured that the modified device does not look similar to a clock/watch and the Defendants shall not use the word XPERT as a trademark but shall only use the word EXPERT in a non-trademark sense in a descriptive manner. Read more.
Delhi High Court grants permanent injunction to Banyan Tree Holdings Ltd. for mark ‘ANGSANA’ in relation to hospitality services, spa.
Plaintiff, Banyan Tree Holdings Limited filed an application seeking permanent injunction against Defendants 1 and 2 and to restrain them from using marks and logo identical to its mark ‘ANGSANA’. Prathiba M. Singh, J.*, granted permanent injunction to the Plaintiff and directed Defendant 3, FastDomain Inc. to transfer the domain name to the plaintiff and remove listing of Angsana Thai Spa on JustDial. Read more
Delhi High Court issues comprehensive guidelines and directions for timely investigation of missing minor children
A petition was filed under Article 226 seeking an order or direction directing the respondents herein to adhere to the Standard Operating Procedure dated 23.11.2016 issued by the Ministry of Women and Child Development and to locate the whereabouts of the missing minor daughter of the petitioner. Swarana Kanta Sharma, J., issued comprehensive directions and guidelines for timely investigation of missing minor children as in the present case the respondent police failed to adopt the proper procedure of investigation and to consider the plight of the petitioner when his daughter had gone missing, and her life was at stake. Read more
‘NewsClick has a lot to answer’; Delhi High Court dismisses its plea for stay on income tax demand
The petition was filed challenging the orders dated 03-11-2023 and 20-02-2023, passed by respondents whereby petitioner’s application for stay of demand during the pendency of the appeal before the Commissioner of Income Tax (Appeals) against the assessment order dated 30-12-2022 had been dismissed. Petitioner further prayed for stay of demand during the pendency of petitioner’s appeal before the Commissioner of Income Tax (Appeals). The Division Bench of Manmohan, ACJ and Mini Pushkarna, J., opined that petitioner was unable to make out a prima facie case in its favour and petitioner had a ‘lot to answer’ in the appeal. The Court thus dismissed the writ petition. Read more.
‘Not innocent adopters, but conscious imitators of Johnson & Johnson’s mark ‘ORSL’; Delhi High Court restrains usage of ‘OSRI’ mark for electrolyte drinks
C. Hari Shankar, J.*, restrained defendants and all others acting on their behalf from using the marks, or any other confusingly or deceptively similar marks, for fruit drinks or any other allied or cognate goods or services. Read more
Delhi High Court sets aside IPAB order disenfranchising Yashoda Super Speciality Hospital trademark on ground of violation of principles of natural justice.
A review petition was filed seeking a review of order dated 21-01-2020 passed by the IPAB wherein a rectification petition was allowed filed by respondent 1 seeking rectification of the register of trademarks by removal, therefrom, of the mark, registered in favour of the petitioner. C Hari Shankar, J., sets aside the impugned order on the ground of violation of the principles of natural justice and the requirement of due opportunity to the petitioner to contest the rectification petition along with non-compliance with Rule 16 of the IPAB Rules, which required the date of hearing of the IPAB to be notified to both parties. Read more
Woman can be ‘Karta’ of Hindu Undivided Family; societal perceptions cannot be reason to deny rights expressly conferred by legislature: Delhi High Court.
In an appeal preferred by the appellant against the judgment dated 22-12-2015, whereby Respondent 1 was declared as the Karta of Hindu Undivided Family (‘HUF’), the Division Bench of Suresh Kumar Kait and Neena Bansal Krishna*, JJ., opined that being a Karta was conferment of legal status, which included the right to manage the HUF properties and if the appellant represented himself as Karta in official correspondence, it did not take away the legal right of the eldest member of the coparcener of the family to be a Karta even if she was a woman. The Court opined that neither the legislature nor the traditional Hindu law in any way limited the rights of a woman to be Karta and also, societal perceptions could not be a reason to deny the rights expressly conferred by the legislature. Thus, the Court declared Respondent 1 as the Karta for the purpose of representing the HUF before the competent authority. Read more
Delhi High Court declares ‘BURGER KING’ as a well-known trade mark
Prathiba M. Singh, J.*, after considering the long period, during which the ‘BURGER KING’ mark and its variations had been used for fast foods specially for Burgers, opined that the said mark had achieved the status of a ‘well-known mark’. Accordingly, the Court declared ‘BURGER KING’ as a ‘well-known’ mark. Read more
Delhi High Court directs compensation to wife of deceased based on Good Samaritan principle…
An appeal was filed by the appellant/claimant under Section 30 of Employee’s Compensation Act, 1923 directed against the order dated 07-10-2021 passed by Commissioner, Employee‘s Compensation in case whereby her application for compensation was dismissed. Dharmesh Sharma, J., set aside the impugned order passed by the Employee‘s Compensation Commissioner and directed payment of Rs. 5 lakhs with interest 12% p.a. from the date of accident to be released by Universal Sompo General Insurance Company Ltd. (respondent 2) to the claimant’s wife within a month from today, subject to future adjustment on the final determination of quantum of compensation and payment thereof to the claimants. Read more
Delhi High Court grants injunction against Mankind Pharma Limited for infringing Hind Chemical’s ‘SU-MAG’ packaging.
A suit was filed by Hind Chemicals Limited (plaintiff), under Section 134 of the Trade Marks Act, 1999 relating to its mark ‘SU-MAG’ challenging the defendants’ mark ‘GUDMAG’ (‘impugned mark’) used in respect of pharmaceutical preparations in Class 5. Prathiba M Singh, J., grants injunction against Mankind Pharma Limited (as defendant 2, 3 and 4 has merged with Mankind Pharma Limited) for infringing plaintiff’s mark SU-MAG by using the offending packaging for its mark ‘GUDMAG’. Read more
Delhi HC refuses to quash FIR against persons accused of kidnapping a child despite settlement between parties, says ‘such settlements raise ethical and legal concerns’
In a petition filed under Section 482 of the Criminal Procedure Code, 1973 seeking to quash the FIR registered for the offence punishable under Section 363 of the Penal Code, 1860 (‘IPC’), Swarana Kanta Sharma, J.*, opined that the acceptance of such settlements could contribute to the perpetuation of a culture where the rights and dignity of a children were subjugated to negotiation and compromise. The Court opined that such practice of compromising cases which involved kidnapping of innocent minor child could not be allowed and based on such settlements, criminal proceedings could not be quashed, and it was crucial to set a precedent that unequivocally condemned the acts of kidnapping and trafficking of children. Thus, the Court opined that it found no reasons to quash the present FIR and dismissed the present petition. Read more
Filing of petition cannot be non est, if the defects raised were procedural and curable: Delhi High Court…
In a case wherein, the issue that arose for consideration was whether the petition was liable to be dismissed, due to initial filing being non est, Manoj Kumar Ohri, J.*, opined that whether a filing was non est or not would depend upon the defects raised on a case-to-case basis, and if the defects raised were only procedural and curable, the filing could not be termed as non est. Thus, Court looked into nature of defects pointed out by the Registry on 12-07-2019 and opined that the petition filed on 10-07-2023 could not be termed as invalid or non est as the defects were procedural and curable. The Court also opined that the delay of twenty-five days in filing the petition had been satisfactorily explained by the petitioner and thus, condoned the delay. Read more
Online frauds erode people’s trust in online transactions, discourage newcomers into entering digital realm; Delhi HC refuses to grant bail to a man accused of cyber-crime fraud
In an application filed by the petitioner-applicant under Section 439 of the Criminal Procedure Code, 1973 seeking grant of regular bail in the FIR for the offences under Sections 384, 385, 420, 468, 420, 471, 120-B of the Penal Code, 1860 (‘IPC’), Swarana Kanta Sharma, J.*, opined that Rs. 140 crores were found in the bank account of the present petitioner and it was not convincing that he did not know about the dealings in his account statements, as the customers of the bank account get regular alerts about the transactions in their accounts. Furthermore, the petitioner’s wife was also working in a private bank and therefore, they would have been aware that their bank accounts were being used by some other persons for illegal purposes, as according to them Rs. 140 crores in their bank account did not belong to them. Thus, considering the facts and circumstances of the case, the Court opined that it was not inclined to grant bail to the petitioner. Read more
Delhi High Court restrains Lt Governor from conducting Cyclothon and Walkathon in Eco-Sensitive Zone of Asola Bhatti Wildlife Sanctuary.
A petition was filed seeking the removal of illegal and unauthorised encroachment in the reserved and notified forest land on the Aravalli hill range in village Asola, Delhi which forms part of the Southern Ridge. Jasmeet Singh, J., restrained the respondents from conducting the proposed event, i.e. Cyclothon and Walkathon as nothing has been shown that the guidelines made under Policy for Eco-Tourism in Forest and Wildlife Areas are enforced. Read more
Delhi High Court grants permanent injunction to CNN News Channel for mark ‘CNN’ in relation to news services.
In a case wherein a trade mark infringement suit was filed by the Plaintiff, Cable News Network Inc (‘CNN’) for grant of permanent injunction and restraining Defendant 1, City News Network from using the mark and or the mark ‘CNN’, C. Hari Shankar, J.*, granted permanent injunction to the Plaintiff and restrained Defendant 1 from using the impugned marks or any other mark deceptively similar to the registered device mark of the Plaintiff, either for providing news services or any goods or services in connection. The Court further directed Defendant 1 to remove related websites and to pay Rs. 7 lakhs cost to the Plaintiff. Read more
Delhi High Court refuses injunction in favour of NILKAMAL for its word mark; Grants injunction in favour for its device mark
A suit was filed by the plaintiffs being aggrieved by the use of the defendants, of the mark NILKRANTI and the logo. C. Hari Shankar, J., held that no case for interdicting the defendants from using the mark NILKRANTI as a word mark exists but the device mark is deceptively similar to the plaintiffs’ device mark. Read more
Delhi High Court grants injunction to Emerald Enterprises for its mark ‘EMERALD’ in relation to valves
In a case wherein, a trade mark infringement suit was filed by the Plaintiff, Emerald Enterprises for grant of injunction and restraining the Defendant from using the mark ‘EMERALD VALVES’ or the trade name ‘EMERALD VALVES PRIVATE LTD’, Prathiba M. Singh, J., granted injunction to the Plaintiff and restrained the Defendant from using the mark ‘Emerald’ for valves or any other similar goods or services. The Court ordered Emerald Valves Pvt. Ltd to bring down its website ‘www.emeraldvalves.com ‘which was descriptively similar to ‘www.emeraldproducts.in ‘. Read more
Delhi High Court quashes charges against public servant for lack of sanction under S. 197 CrPC
A petition was filed under Article 226 of the Constitution of India read with section 482 of Criminal Procedure Code (“CrPC”) challenging the impugned order on charge dated 31-10-2018 and order framing charge dated 04-12-2018 by the Special Judge in CBI case. Tushar Rao Gedela, J., quashed the charges framed against the petitioner under sections 420, 468 and 471 read with 120-B IPC as there is no sanction under section 197 CrPC obtained from the Competent Authority against the petitioner. Read more
Beyond individual victims: Delhi High Court refuses to set aside order convicting man for offence u/s 6 of POCSO; says such crimes “cause ripples through society”
In an appeal filed under Section 374(2) read with Section 482 of Criminal Procedure Code, 1973 (‘CrPC’) to set aside the judgment and order on sentence dated 28-04-2023, Swarana Kanta Sharma, J.*, opined that the consequences of such acts extended beyond the individual victims; they cause ripples through society by pulling these girls away from their pear groups, studies and their lawful guardianship. When a girl was forced to abandon her education due to such incidents, it caused a profound setback not only to an individual but to the society as a whole. Creating a safe and supportive environment for girls to pursue their education was a collective responsibility that extended beyond individual incidents, criminal cases and victims. Thus, the Court opined that the impugned judgment dated 29-03-2023, passed by the Trial Court was based on based on correct facts, appreciation of evidence and the judicial precedents, thus, it had no reason to interfere with the impugned or to take a lenient view and interfere with the sentence awarded to the appellant vide order on sentence dated 28-04-2023. Read more
Delhi High Court dismisses India-Pakistan ‘Super Basmati’ Rice Dispute for non-prosecution
In a suit filed by Plaintiff 1, Trading Corporation of Pakistan Pvt. Ltd., Plaintiff 2, Rice Exporters Association of Pakistan and Plaintiff 3, Basmati Growers Association, for grant of permanent injunction against the Defendant, Government of India, Ministry of Commerce and Industry (‘GOI’) to restrain the Defendant from permitting exports of rice under the name ‘SUPER BASMATI’ and infringement of Plaintiffs’ trade name, label, classification, brand or variety of ‘SUPER BASMATI’, Prathiba M. Singh, J.*, dismissed the suit for non-prosecution as there was no appearance on behalf of the Plaintiffs, and the suit had not been prosecuted effectively since 2020. Read more
‘Deceptively similar to Sun Pharma’s mark ABZORB’; Delhi HC restrains Protriton Products LLP from using mark ‘ABBZORB’ in relation to health supplements
C. Hari Shankar, J.*, held that prime facie, defendants’ mark ABBZORB was deceptively similar to plaintiff’s mark ABZORB, even if mark ABBZORB was seen as a device mark, rather than a word mark. The Court thus restrained defendants from manufacturing, selling, offering for sale, advertising, directly or indirectly dealing in dietary/health supplements, nutraceuticals, apple cider vinegar and promotional material such as t-shirt, shaker, bags, face mask or any other goods under the marks ABBZORB, ABBZORB NUTRITION, and or any other trade mark as might be deceptively similar to plaintiff’s trade mark ABZORB. Read more
‘Welfare of child is of prime consideration’: Delhi High Court rejects father’s application to move his seven-year-old child to different school
In an appeal filed against the order dated 06-11-2023, whereby the application filed by the appellant-father under Section 43(2) of the Guardians and Wards Act, 1890 was dismissed, the Division Bench of V. Kameswar Rao* and Manmeet Pritam Singh Arora, JJ., opined that it was a settled position of law that for deciding issue of this nature, the child’s welfare was of prime consideration and it was also a conceded position that the respondent-mother was residing in Pitampura and the school at Dwarka was at a distance of 20 kms from Pitampura and the school at Rohini where the minor child was currently studying was much nearer in comparison. Thus, the Court held that any such order sought by the father should be an inconvenience for the seven-year-old minor child and thus, such order could not be granted. Read more
Delhi High Court allows Mankind Pharma Limited to run modified advertisement on DMF Quality APIs with disclaimer.
A suit was filed seeking a decree of permanent injunction restraining the defendant, its directors, principals, officers, employees, agents, representatives and assigns from creating impediments in the dissemination of the plaintiff’s advertisement. Dinesh Sharma, J. directed the plaintiffs to run its original advertisement in a modified form with the disclaimer that DMF is not mandated under Indian law and is not a quality norm for products in India. Read more
Employee cannot be penalized for employer’s failure to deposit TDS: Delhi High Court
In a case wherein petitioner filed a writ petition under Articles 226 and 227 of the Constitution, seeking the relief to declare that demand of tax and interest reflected on income tax portal for the Assessment Year (‘AY’) 2009-10, 2011-12, and 2012-13 on account of TDS admittedly deducted by Company (Employer), do not lie against petitioner, and to direct respondents to delete the impugned demand from the Portal and their records, the Division Bench of Rajiv Shakdher and Girish Kathpalia*, JJ., opined that petitioner’s employer having failed to perform his duty to deposit the deducted tax with the revenue, petitioner could not be penalized, and it would always be open for revenue to proceed against petitioner’s employer for recovery of the deducted tax. The Court thus restrained respondents from carrying out recovery proceedings pertaining to the intimations/communications and directed them to refund petitioner Rs. 3,88,209 which was wrongly adjusted by respondents against the impugned demands pertaining to the above-mentioned AYs. Read more
Directions for investigation u/s 156(3) CrPC cannot be given mechanically by Magistrate; application of mind necessary: Delhi High Court
A petition was filed under Article 226 of the Constitution read with Section 482 of Criminal Procedure Code, 1973 (‘CrPC’) challenging the impugned order of Sessions Judge, Outer District, Delhi pronounced in revision petition filed against the order of Metropolitan Magistrate (‘MM’). Rajnish Bhatnagar, J.*, opined that the directions for investigation under Section 156(3) of CrPC could not be given by the Magistrate mechanically and such a direction could be given only on application of mind by the Magistrate. Thus, the Court dismissed the petition on the ground that there was no miscarriage of justice or illegal approach adopted which needed correction by exercising inherent jurisdiction under Section 482 of CrPC. Read more
Domestic Violence Act focuses on providing immediate relief to victims through maintenance, not Imprisonment for non-payment of maintenance: Delhi High Court
In a petition filed under Section 482 of the Criminal Procedure Code, 1973 (‘CrPC’) seeking to quash the summon order dated 12-03-2019 passed under Section 31(1) of Protection of Women from Domestic Violence Act, 2005 (‘DV Act’) for non-compliance of interim maintenance, Swarana Kanta Sharma, J.*, opined that the aim of the DV Act was to provide for protection, rehabilitation and upliftment of victims of domestic violence, in contrast to sending the aggressor to prisons. Therefore, the Court opined that a person could not be summoned under Section 31 of the DV Act for non-compliance of monetary order passed under Section 20 of the DV Act and quashed the impugned order dated 12-03-2019. Read more
Delhi High Court directs Voltranic India Lubricants to pay Rs. 1 lakh cost to Castrol Ltd. for infringing its ‘CASTROL’ mark
Plaintiff 1, Castrol Ltd. and Plaintiff 2, Castrol India Ltd. filed the present suit seeking permanent injunction restraining defendants from infringement of trade mark and copyright, passing off, piracy of design, rendition of accounts of profits, damages, delivery up, acts of unfair competition etc. Prathiba M. Singh, J.*, opined that there was counterfeiting of lubricants, greases and oils which were used in automobiles and any compromise in quality of such products could have adverse consequences on customers. The Court thus directed that a sum of Rs. 1 lakh was to be paid as cost by defendants to plaintiffs. Read more
Delhi High Court imposes 10 lakhs cost on father of a minor student for availing EWS benefits by misrepresentation; Issues directions for RTE compliance
A petition was filed by a minor student challenging the show cause notice dated 24-01-2019 and the resultant order dated 09-02-2021, both passed by Directorate of Education (respondent 1), whereby, the admission of the petitioner was cancelled by Sanskriti School (respondent 2). Purushaindra Kumar Kaurav, J., dismissed the petition on the ground that the petitioner failed to show any cogent reason which would indicate that either the due procedure, as required by law, was not followed in the process of orchestrating a fair hearing to enable the petitioner or his father to present their case or any real prejudice has been caused to the petitioner. Read more
Merely because wife is earning, does not automatically operate as absolute bar for awarding maintenance: Delhi High Court
In an appeal filed under Section 19(3) of Family Courts Act, 1984 and Section 28 of Hindu Marriage Act, 1955 (‘the Act’) against the Family Court order dated 06-04-2023 whereby pendente lite maintenance of the appellant-wife was declined and respondent-husband was directed to pay Rs. 20,000 per month for maintenance of the minor child, the Division Bench of V. Kameswar Rao and Anoop Kumar Mendiratta*, JJ., modified the impugned order and opined that the wife was entitled to maintenance of Rs. 15,000 per month apart from the maintenance amount of child, i.e., Rs. 20,000. Read more
Over-crowding of emergency wards must be circumvented to make best medical assistance available to critical patients: Delhi High Court
In a writ petition filed before the Court for upgradation of infrastructure of government hospitals, the Division Bench of Manmohan, ACJ.*, and Mini Pushkarna, J., directed Union of India to improve infrastructure in its own hospitals putting emphasis on the emergency wards and directed the Government of Delhi to improve medical facilities in its own hospital putting emphasis on the emergency wards. Read more
GAUHATI HIGH COURT
Pensioner entitled for provisional family pension till determination of criminal appeal with respect to Rule 22(1) of Assam Services (Pension) Rules, 1969: Gauhati HC
While considering the question that whether the term “conclusion of a proceeding and final order passed” used in Rule 22(1) of the Assam Services (Pension) Rules, 1969, in respect of a criminal proceeding, shall mean conclusion of a proceeding when a person is convicted, or whether such finality and conclusion of proceeding shall attain finality after determination of the appeal as provided under Section 393 of CrPC; the Bench of Arun Dev Choudhury, J.*, held that in respect of Rule 22(1) of the Assam Pension Rules, 1969, the criminal appeal filed by the deceased petitioner in the instant matter is a judicial proceeding. It was further held the judicial proceeding initiated against the deceased husband during his service period shall attain finality on the termination/determination of the criminal appeal. Therefore, till such determination/termination of judicial proceeding, the pensioner/deceased husband of the petitioner, shall be entitled for provisional pension till his death. Read more
HIMACHAL PRADESH HIGH COURT
Benefit of Probation of Offenders Act, 1958 cannot be granted in offence involving rash and negligent driving: Himachal Pradesh High Court
In an application seeking release of the applicant on probation under Section 4 of the Probation of Offenders Act, 1958 (‘the Act’), Rakesh Kainthla, J.*, opined that it was not permissible to grant the benefit of the Act in an offence which involved rash and negligent driving and accordingly, dismissed the application. Read more
Himachal Pradesh High Court quashes FIR against man accused of offence under POCSO to preserve happy, peaceful married life of accused and victim
In a case wherein a question arose that whether the Court could quash an FIR registered under Sections 363, 376, 212, 120-B of the Penal Code, 1860 (‘IPC’) and Section 4 of the Protection of Children from Sexual Offences Act, 2012 (‘POCSO’) on the basis of compromise, the Division Bench of Tarlok Singh Chauhan* and Satyen Vaidya, JJ., opined that the child victim was low leading a happy and peaceful married life, therefore, allowing to continue the proceedings in such cases would result in disturbance of their happy family and ends of justice demanded the compromise to be allowed between the parties. The Court opined that such compromise was not a camouflage to escape punishment and the victim’s consent was voluntarily. Thus, considering all the facts and circumstances of the case, the Court opined that quashing the proceedings would promote justice for the victim and continuance of the proceedings would otherwise cause injustice and accordingly quashed the impugned FIR. Read more
KARNATAKA HIGH COURT
Karnataka HC issues directions for immediate medical examination of rape victims to ascertain pregnancy and provision of counselling on available options
While considering the instant petition seeking the writ of Mandamus to direct the respondent hospital to admit the petitioner and take the necessary steps to terminate her pregnancy, the bench of Suraj Govindaraj, J.*, pointed out that most of the time when a sexual assault victim specially minor express their desire to terminate the pregnancies arising out of sexual offences, the gestation period in many such cases crosses the permissible period of 24 weeks after which any delay requires permission by the Court and other procedures, thereby subjecting the victim to intense mental trauma. To avoid this very trauma to the victim and her family members, the Court thus deemed it fit to pass elaborate directions in this regard. Read more
MADHYA PRADESH HIGH COURT
Revisional Court has jurisdiction to take suo motu cognizance of intermediate orders under Sec 397 CrPC: Madhya Pradesh HC
In a petition filed under Section
Madhya Pradesh High Court grants Maternity Leave to Contractual Employee in miscarriage case; says Contract doesn’t restrict the same
In a writ petition challenging the order dated 21-09-2022, wherein the petitioner’s application for maternity leave was denied, a single-judge bench comprising of Maninder S. Bhatti, J., held that the respondents’ stand was misconceived, as there is no condition in the agreement that prevents the consideration of the petitioner’s claim for maternity leave in the event of a miscarriage. The petition was allowed, and the impugned order dated was set aside. Read more
Madhya Pradesh High Court upholds bank’s right to recover excess payment in pension recovery dispute
In a writ petition filed under Article 226 of the Constitution of India against an order issued by the State Bank of India directing the petitioner to either refund entire amount of excess payment of in her pension in one instalment or face recovery in monthly instalments, a single-judge bench comprising of G.S. Ahluwalia, J., upheld the bank’s right to recover the excess pension amount and imposing interest on the outstanding sum from the date of the interim order. Read more
“No Anticipatory bail when Investigating Officer does not intend to arrest”; Madhya Pradesh High Court directs cooperation in Investigation
In a criminal appeal challenging the trial court’s order rejecting appellant’s anticipatory bail, a single-judge bench comprising of Vishal Dhagat, J., after observing that the Investigating Officer did not seek the appellants’ immediate arrest, disposed of the appeal with the direction to appellants to cooperate in the investigation, appear during the filing of the charge sheet, and appear before the Investigating Officer as required. Read more
Madhya Pradesh High Court quashes FIR in contractual dispute due to ‘lack of specific allegations and delay in lodging complaint’.
In a petition filed under Section 482 of CrPC seeking to quash FIR alleging criminal breach of trust under Section 409 of IPC, stating misappropriation of toll funds by the petitioner, a single-judge bench comprising of Sanjay Dwivedi, J., allowed the petitioner’s plea, quashing the FIR and related proceedings, emphasising the absence of specific allegations and the civil nature of the dispute. Read more
MADRAS HIGH COURT
[INIMOX v IMOX] Madras High Court directs mark “INIMOX” to be registered only for products intended for veterinary use and not for human use.
In an appeal filed under Section 91 of the Trade marks Act, 1999, praying to set aside the order dated 10-03-2015, passed by the Deputy Registrar of Trade Marks, wherein the Registrar rejected the Application for registration of the trade mark “INIMOX”, Senthilkumar Ramamoorthy, J., while setting aside the impugned order, directed that the appellant’s mark “INIMOX” shall be registered subject to the condition that the mark shall be used only in respect of products intended for veterinary use and shall not be used in relation to pharmaceutical products intended for human use. Read more
Reservation is not required to be provided while appointing Law Officers by Government: Madras High Court.
In a writ petition filed against the “Appointment of Law Officers of High Court of Madras and its Bench at Madurai (Appointment) Rules, 2017” (‘Rules, 2017’) incorporated vide Notification under Government Order, dated 29-4-2017. The petitioner also sought directions to frame new rules to ensure transparency; the division bench of Sanjay V. Gangapurwala*, CJ. and D. Bharatha Chakravarthy, J. held that the reservation — vertical and/or horizontal is not required to be provided while appointing the Law Officers by the government. The procedure laid down does not suffer from the vice of arbitrariness, nor it can be said that the procedure is not transparent. Read more
[Trademark infringement] Madras High Court directs Registrar to notify the mark ‘Royal Enfield’ in register of well-known marks…
In a civil suit filed under Order IV Rule 1 of O.S. Rules and Order VII Rule 1 of Code of Civil Procedure, 1908 (‘CPC’) read with Sections 27, 29, 134 and 135 of the Trade marks Act, 1999, (‘ Act, 1999’) and first proviso to Section 7 of the Commercial Courts Act, 2015, praying to grant permanent injunction restraining the defendant, from infringing the registered trademark ‘Royal Enfield’ by the use of an identical mark or any other mark identical or deceptively similar in respect of any goods or services, and for damages, Abdul Quddhose, J. while granting permanent injunction to the plaintiff, held that ‘Royal Enfield’ is a well-known trade mark insofar motorcycle industry is concerned as per the provisions of Section 2(1)(zg) read with Section 11 of the Trade Marks Act, 1999. Consequently, it directed the Registrar to notify the said mark on the register of well-known marks. Read more
Vigilance Committee should be cautious while conducting enquiry for granting or cancelling community certificate; Madras HC remands matter for reasoned order
In a writ petition against the order passed by the District Level Vigilance Committee (‘DLVC’), wherein it cancelled the community certificate of the petitioner, the division bench of S.M. Subramaniam and V. Lakshminarayanan, JJ. while quashing the impugned order, directed DLVC to go through the documents produced by the petitioner, the vigilance report, or any other report produced by the parties and make a categorical finding both factually and legally and thereafter, pass a reasoned order for arriving at a conclusion. Read more
‘Not a case which would fall under the ‘rarest of rare’ category’: Madras HC commutes death sentence of father who raped his daughter.
In a criminal appeal filed against judgment of conviction and death penalty awarded by the Sessions Judge to the father for raping his daughter, the division bench of S.S.Sundar and Sunder Mohan*, JJ. upheld the conviction of the father for an offence under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (‘POCSO Act’). However, the court viewed that it is not a case which would fall under the ‘rarest of rare’ category, thus it commuted death penalty to life imprisonment. Further, the court acquitted the mother of the charge under Section 6 read with Section 17 of the POCSO Act. However, convicted her for the offence under Section 21(l) of the POCSO Act. Read more
Madras HC directs IRDAI to place AYUSH treatment on a par with allopathic treatment; Asks it to direct insurance companies to reimburse insurance amount on equal scales…
In a petition filed for directing the Insurance Regulatory and Development Authority of India (‘IRDAI’), and the Secretary, Ministry of Ayush (‘MoA’), to consider the petitioner’s representation to award a full reimbursement of the claimed amount under the insurance policies, N. Anand Venkatesh, J. has directed IRDAI to place AYUSH treatment on a par with allopathic treatment and direct the insurance companies to reimburse the insurance amount on equal scales. Further, it said that a person who chooses to undergo AYUSH treatment should be entitled to receive the insurance amount towards the expenses incurred by him, as is done to a patient who undergoes allopathic treatment. This has to be implemented by IRDAI in all future policies. Read more
Whether expression “any application for grant of a patent for an invention” in S. 39 (1) applies to a patent of addition? Madras HC answers
In a transfer civil miscellaneous appeal (Patents) filed under Section 117-A read with Section 15 of the Patents Act, 1970, praying to reverse the order of the Controller General of Patents, Designs & Trade marks (‘Controller’) dated 06-10-2020 and to grant the patent in favour of the appellant, Senthilkumar Ramamoorthy, J. while setting aside the impugned order, held that the appellant did not intend to circumvent the requirements of Section 39 and that there is credibility in the assertion of bona fide belief that permission under Section 39 was not necessary. It found that appellant’s breach was technical rather than substantive. Furthermore, the matter has been remanded for reconsideration, and the Controller has the authority to impose terms on the appellant for procedural breaches under Rule 137 of the Patents Rules 2003 or any other relevant provision. Read more
Inside Madras High Court’s verdict in 1997 Disproportionate Assets case against former Minister of labour welfare A.M. Paramasivam and his wife.
In a criminal appeal filed by former Minister of labour welfare A.M. Paramasivam’s wife under Section 374(2) of the Code of Criminal Procedure, 1973 (‘CrPC’) for setting aside the judgment dated 15-11-2000 passed by the Special Judge, wherein the Court found both of them guilty and sentenced A.M. Paramasivam to undergo two years of rigorous imprisonment and his wife to undergo one year of rigorous imprisonment, G. Jayachandran, J. while upholding the Trial Court’s judgment of conviction, imposed one year sentence on A.M. Paramasivam’s wife for aiding him to acquire wealth beyond his known source of income. Read more
Madras HC directs Registrar to cancel trade mark registration granted to Khoday breweries for ‘Red and White’, being similar to well-known mark of Godfrey Phillips
In a civil miscellaneous appeal filed by Godfrey Phillips India Ltd. (‘Godfrey Phillips’) under Section 91 of the Trade Marks Act, 1999 against the order passed by the Deputy Registrar and resultantly to refuse application filed for registration of trade mark Red & White, Senthilkumar Ramamoorthy, J. while setting aside the impugned order, directed the Registrar of Trade Marks to cancel the certificate of registration granted in favour of Khoday India Ltd. for the trade mark ‘Khoday’s Red and White’ and rectify the register by removing the entry relating to trade mark from the Register of Trade Marks. Read more
MANIPUR HIGH COURT
‘Poor financial condition of State and lack of instructions from higher authority is not a ground to deny pension benefits’: Manipur HC
In a civil writ petition filed by a retired employee (‘petitioner’) for seeking a writ of mandamus with a direction to the State of Manipur, District Treasury Officer, Imphal and Accountant General, Manipur (‘respondents’) for payment of the enhanced Gratuity amount and arrear Commutation to the petitioner, A. Guneshwar Sharma, J. allowed the writ petition and directed the respondents to release the enhanced amount of Gratuity and arrear of Commutation within a period of two months. Read more
ORISSA HIGH COURT
Illegal Sand mining on Kathajodi | “False affidavit by Collector; permission of mechanized mining”; Orissa HC rebukes State, warns legal action
In a Public Interest Litigation against illegal mining on the riverbed of Kathajodi, the Division Bench of Dr. B.R. Sarangi, Acting CJ and Murahari Sri Raman, J. noted that the affidavit filed by the Collector, Cuttack was based on false information and flimsy statements supplied to him and, therefore, the said affidavit is a false one and criminal proceedings should be initiated against such persons. Read more
Orissa HC grants bail to a woman accused under PMLA considering pre-trial detention of 1 year and delay in completion of trial
In a bail application under Section 439 of the Code of Criminal Procedure, 1973 (‘CrPC’) for offence under Section 3 of the Prevention of Money Laundering Act, 2002 (‘PMLA’), G. Satapathy*, J. granted bail to the accused considering the pretrial detention of the accused for nearly a year, the uncertainty regarding the commencement of the trial and regarding her status of a woman which attracts section 45 of the PMLA. Read more
‘Proposed changes will expand ambit of Suit’; Orissa HC rejects amendment of plaint for incorporation of prayer for partition in 27-years-old dispute
In an application under Article 227 of the Constitution of India against the Civil Judge (Senior Division), Cuttack, whereby, the plaintiff’s application for amendment of plaint under Order VI Rule 17 read with Section 153 of the Code of Civil Procedure, 1908 (‘CPC’), was rejected, Krushna Ram Mohapatra, J. dismissed the application for being devoid of merit. The Court opined that if the proposed amendment is allowed, it will change the nature and character of the suit, thereby expanding the scope and ambit of the suit, which is not permissible in law. Read more
PATNA HIGH COURT
Solid waste management activities are exempted from payment of tax under Bihar Goods and Services Tax Act, 2017: Patna High Court
In a case wherein a writ petition was filed by the Petitioner, Mahavir Sharmik and Nirman Swalambi Sahkari Samiti Limited, challenging an assessment order, as confirmed by the first Appellate Authority under the Bihar Goods and Services Tax Act, 2017 (‘BGST Act’), the Division Bench of K. Vinod Chandran, C.J.*, and Partha Sarthy, J., held that the solid waste management activity undertaken by the petitioner was exempted from payment of tax under the BGST Act. Read more
PUNJAB AND HARYANA HIGH COURT
Punjab and Haryana HC| Former MDI Director neither entitled to lien on Professor’s post nor back wages
In a petition seeking to set aside findings in the impugned judgment passed by the District Judge-cum-Educational Tribunal reinstating the respondent as Professor in Management Development Institute (petitioner — ‘MDI’) with full back wages, Tribhuvan Dahiya, J. found the Tribunal’s findings erroneous and set aside the impugned order while holding that the respondent Professor was not entitled to any lien on the post of Professor after he held the post of Director at MDI. Read more.
Punjab and Haryana HC allows for production of electronic records as evidence for upholding free and fair trial under S. 91 of CrPC
In a challenge against the impugned order dated 11-09-2023 whereby the application filed by the petitioner under Section 91 of the Code of Criminal Procedure (‘CrPC’) for preserving call details records with location chart of the police officials who arrested the Petitioner was rejected by the Additional Sessions Judge, Harpreet Singh Brar, J., set aside the order and passed necessary orders for preserving and production of such details. Read more
Punjab and Haryana High Court issues directions for Investigating Officers adding or deleting offences under UAPA Act in the FIR
In twin criminal appeals against rejection of bail applications by the Trial Court for the petitioners against whom, the offence under Unlawful Activities (Prevention) Act, 1967 (‘UAPA Act’) was subsequently added in the FIR, but dropped while framing the chargesheet, the Division Bench of Sureshwar Thakur* and Sudeepti Sharma, JJ. granted bail to the petitioners while issuing directions for the Investigating Officers investigating matters involving addition or deletion of offences under the UAPA Act, to practice due scrutiny before taking any decision in this regard. Read more
RAJASTHAN HIGH COURT
Deprivation of livelihood violates Article 21 of Constitution; employer must circumspect before taking away livelihood on stigmatic grounds: Rajasthan High Court
In a petition filed to challenge the order dated 17-11-2022, passed by the Court of Prescribed Officer under Rajasthan Shops and Commercial Establishment Act, 1958 (‘1958 Act’) whereby termination of services of Respondent 1 by the petitioner was held illegal, Arun Monga, J., opined that a stigmatic order passed on ground of alleged misconduct could not be sustained unless a proper enquiry in accordance with law had been conducted. Any stigma on the delinquent would red flag him for the rest of his life and also, would render him unemployable in the future. The Court further opined that deprivation of livelihood violated the very fundamental right of a citizen enshrined under Article 21 of the Constitution and thus, the petitioner must circumspect before summarily taking away the livelihood of an employee on stigmatic grounds. Thus, the Court dismissed the petition and directed the petitioner to comply with the impugned order, failing which the bank would be liable for the consequences. Read more
Rajasthan High Court grants bail to man accused of providing confidential military information to Pakistani Intelligence
In a bail application filed under Section 439 of the Criminal Procedure Code, 1973 (‘CrPC’) on behalf of the petitioner-accused who was in custody since 08-06-2020 for offences under Sections 3 and 9 of the Official Secrets Act, 1923 (‘OSA’) and Section 120-B of the Penal Code, 1860 (‘IPC’), Anil Kumar Upman, J., opined that the petitioner was already facing trial before the trial court and in any case, he could not be awarded sentence for more than seven years. The petitioner was in custody since 08-06-2020, and thus he had already undergone one-half of the maximum sentence which could be awarded in case of conviction. Thus, considering the overall facts and circumstances of the case, the Court directed that the petitioner should be released on bail provided that he furnishes a personal bond of Rs. 1,00,000 together with two sound and solvent sureties of Rs. 50,000 each to the satisfaction of the trial court with the stipulation that he should appear before the Court and any court to which the matter would be transferred on all subsequent dates of hearing. Read more
