High Court weekly Round Up


Allahabad HC directs UP Bar Council to ensure that applications received for grant of license are subjected to police verification

In a complaint against the respondent with respect to concealment of vital information regarding pendency of fourteen criminal cases, and obtaining a license to practice law, the division bench of Saumitra Dayal Singh and Vinod Diwakar,JJ. directed respondent 3 to undertake and complete the disciplinary proceedings brought by the petitioner as expeditiously as possible, preferably, within a period of three months, in accordance with law. Further, directed UP Bar Council to issue necessary directions and to ensure appropriate police report be called from the Police Stations concerned about all pending and fresh applications for issuance of license as is being done/followed for issuance of Passports. Read more


Fundamental right to hold passport cannot be curtailed; Andhra Pradesh High Court directs Police to release siezed passport of a Non-resident Indian

In a petition filed under Article 226 of the Constitution, B. S. Bhanumathi, J., opined that since, the fact that the petitioner had applied for renewal of the visa stamping and the alloted date was not in dispute, the passport was very much required to the petitioner and his fundamental right to hold his passport could not be curtailed. The Court opined that if at all, there was any violation of notices issued to the petitioner, the remedy was open to the respondents under appropriate provisions of the law and as such, for the time being, no need for imposing any condition against the petitioner and directed to release the petitioner’s passport under due acknowledgement. Thus, the Court directed Respondents 3 and 4 to return the petitioner’s passport under due acknowledgement. Read more


Calcutta High Court dismisses petition challenging provisional attachment of bank account under Section 83 of CGST Act, 2017

In a writ petition challenging the provisional attachment order under Section 83 of the Central Goods and Services Tax Act, 2017 (CGST Act), a single-judge bench comprising of Md. Nizamuddin,* J., dismissed the writ petition, finding no merit in challenging the legality of the provisional attachment. The Court emphasised the compliance with Rule 159(5) of CGST Rules and the absence of any challenge to the attachment within the specified remedy period. Read more

Calcutta High Court dismisses Berger Paint’s trademark infringement plea against JSW Paints due to lack of deceptive similarity

While deciding whether the defendant’s use of “SILK” constitutes trademark infringement or is merely a descriptive term in the paint industry, a single-judge bench comprising of Krishna Rao,* J., took into account the distinctive features of each party’s label marks and the absence of fraudulent intent by the defendant and dismissed the petitioner’s application for injunction. “Upon examining the containers and labels, this Court found that there is no actual similarity between the marks “SILK” of both the plaintiff and the defendant. This Court held that the plaintiff failed to establish deceptive similarity.”Read more

Calcutta High Court upholds Kolkata Municipal Corporation’s authority to levy Stallage and related charges and penalties

On a writ petition revolving around the legality of the charges imposed by Kolkata Municipal Corporation (KMC) under the authority conferred upon them by the Kolkata Municipal Corporation Act, 1980 (the Act), a single-judge bench comprising of Saugata Bhattacharyya,* J., upheld the validity of the demand notice, stating that KMC has the authority to levy stallage and related charges. The Court opined that the penalty for transfer of interest without prior approval was waived due to post facto approval. The Court directed the petitioners to pay the outstanding dues, with the interim deposit adjusted. Read more

Calcutta High Court upholds forfeiture of earnest money in e-auction sale dispute

In an application challenging the order of Debt Recovery Tribunal (DRT) and Debt Recovery Appellate Tribunal (DRAT) upholding the validity of the equitable mortgage created with a certified copy of the deed, stating that the petitioner was aware of it and willingly participated in the auction, a single-judge bench comprising of Ajoy Kumar Mukherjee,* J., on finding no jurisdictional error or illegality in the concurrent findings of the Tribunals, dismissed the application under Article 227 of the Constitution of India and upheld the forfeiture of earnest money by the bank. Read more


Accused cannot be coerced to reveal/disclose password in regard to digital evidence while trial is ongoing: Delhi High Court

In a case wherein, a bail application was filed under Section 439 of the Criminal Procedure Code, 1973 (‘CrPC’) seeking bail in FIR dated 07-07-2022, registered under Sections 120-B, 170, 384, 420 and 503 of the Penal Code, 1860 and under Sections 66-C, 66-D, 75 and 85 of the Information and Technology Act, 2000, Saurabh Banerjee, J., allowed the bail application and held that applicant-accused was protected under Article 20(3) of the Constitution against self-incrimination and therefore could not be coerced to reveal password or any other details in view of the protection provided to him under the Constitution. Read more

Delhi HC restrains Dr. Reddy’s Laboratories Ltd. from commercially launching any product consisting of ‘Olaparib’ till 12-03-2024

The present suit was filed by plaintiffs, Kudos Pharmaceuticals Ltd., Astrazeneca AB and Astrazeneca Pharma India Ltd. against defendant, Dr. Reddy’s Laboratories Ltd for infringing plaintiffs’ patent IN 228720 (‘suit patent’). Prathiba M. Singh, J.*, held that defendant shall stand permanently restrained from commercially launching any product consisting of Olaparib, Olaparib API or any other product except as permissible under Section 107-A of the Patents Act, 1970 in terms of Bayer Corporation v. Union of India, 2019 SCC OnLine Del 8209 (‘Bayer Corporation Case’). Further, the Court held that post the expiry of plaintiffs’ patent on 12-03-2024, the above embargo would cease automatically. Read more

Persons with Disabilities to be given choice for transfer/posting at preferred place; May be exempted from rotational transfers: Delhi High Court

Chandra Dhari Singh, J., after considering the medical conditions and the ongoing treatment of petitioner, opined that petitioner should not be transferred to any other State, except Delhi, as the same might create hindrances to his treatment. The Court set aside the impugned transfer and relieving orders and held that Respondent 1, IRCON International Ltd. acted in violation of Article 14 of the Constitution since it ignored the special needs of petitioner and posted him to a far-off place. Read more

Delhi High Court grants bail to a man accused of raping woman he met on dating app on pretext of marriage

In a petition filed for seeking regular bail in connection with FIR registered under Sections 376 and 420 of the Penal Code, 1860 (‘IPC’), Vikas Mahajan, J.*, opined that the probative value of evidence, the credibility and reliability of the complainant, would be seen by the Trial Court during the trial, but the present Court could not be unmindful of the gaps that had appeared in the complainant’s version, which tilted the balance in the petitioner’s favour for the grant of bail. The Court opined that it was not in dispute that the petitioner did not have any criminal record and since, the investigation was complete and the petitioner’s custody was no more required for making recoveries for him, therefore, no useful purpose would be served in keeping the petitioner in jail. Thus, the Court granted bail to the petitioner, subject to his furnishing a personal bond of Rs. 25,000 of the like amounts, subject to the satisfaction of the Trial Court or Jail Superintendent. Read more

Delhi HC directs MCD and DFS to constitute a Joint Task Force to inspect coaching centres in Mukherjee Nagar in respect of fire and public safety norms

The Division Bench of Yashwant Varma and Ravinder Dudeja, JJ., directed the Municipal Corporation of Delhi (‘MCD’) and the Delhi Fire Services (‘DFS’) to constitute a Joint Task Force (‘JTF’) to examine and inspect all coaching and teaching centres/institutes situated in Mukherjee Nagar and draw up a comprehensive report indicating the infractions and other non-conforming aspects that might come to the fore. Read more

Filing SLP to challenge dismissal of criminal appeal is crucial right of convict; Delhi High Court grants four-weeks parole to convict for filing SLP

In a petition filed under Article 226 of the Constitution read with Section 482 of the Criminal Procedure Code, 1973 seeking to release the petitioner on parole, Swarana Kanta Sharma, J.*, opined that the Courts had consistently emphasized the convict’s right to file a Special Leave Petition (‘SLP’) to challenge the dismissal of their criminal appeal was a crucial right and this right could not be denied based on the availability of free legal aid in jail and the possibility of filing the SLP from the jail premises. Thus, the Court granted parole to the petitioner for a period of four weeks from the date of his release on the condition that the petitioner should furnish a personal bond of Rs. 15,000 with one surety of the like amount to the Jail Superintendent’s satisfaction. Read more

Delhi High Court denies interim injunction to Khadi and Village Industries Commission in a trade mark infringement dispute

In an application filed by the plaintiff under Order 39 Rules 1 and 2 of the Civil Procedure Code, 1908, C. Hari Shankar, J.*, opined that in order to maintain a plea of passing off against the defendant, the plaintiff would have to establish that between 2000 and 2005, the user of the mark ‘Khadi’ for soaps had not only commenced, but had also gained considerable goodwill and reputation. However, no such material was forthcoming. Further, the Court opined that the considerations of balance on convenience and irreparable loss would also be against the grant of injunctive interlocutory relief to the plaintiff at the present stage. The Court opined that even if one were to regard the defendant’s claim to user of its mark since, 2001 as arguable, the undeniable fact remained that the mark was registered in Defendant 1’s favour since 2005. It was only a decade and half later, that the plaintiff filed an application seeking cancellation of the defendants’ mark. During that time, the defendants’ business in ‘Girdhar Khadi’ mark had grown by leaps and bounds. Thus, the Court opined that the grant of interlocutory injunction, restraining the use of ‘Girdhar Khadi’ and ‘BR Khadi’ marks by the defendants was declined. Read more

‘Collecting money ostensibly for charitable activity not permitted when foreigner comes to India on business visa’; Delhi HC upholds deportation of a US citizen

Petitioner approached this Court under Article 226 of the Constitution challenging her deportation from Trivandrum, Kerala Airport on 28-11-2022 as arbitrary, unreasonable, illegal, and unconstitutional. Subramonium Prasad, J.*, held that collecting money ostensibly for charitable activity was not permitted when a foreigner comes to India on a business visa. The Court opined that since petitioner had acted contrary to what was permitted, the decision taken by the authorities to blacklist petitioner could not be said to be arbitrary. Read more

To constitute a valid service u/s 34(3) of A&C Act, a signed copy of Arbitral Award must be delivered to each party and not to their agent or lawyer: Delhi HC

The present appeal was filed under Section 37 of the Arbitration and Conciliation Act, 1996 (‘the Act’) assailing the judgment dated 12-09-2019 passed by a Single Judge of this Court (‘Impugned Judgment’) which dismissed the petition of appellants filed under Section 34 of the Act, on account of delay. The Division Bench of Rajiv Shakdher and Tara Vitasta Ganju*, JJ., held that every Arbitral Award and any corrigendum must be served upon all the parties for it to constitute valid service under Section 34(3) of the Act. Read more

Delhi High Court instructs YouTuber Shyam Meera Singh to delete tweets against Dera Sacha Sauda head Gurmeet Ram Rahim

In a defamation and suit for injunction filed by Dera Sacha Sauda head, Gurmeet Ram Rahim Singh against YouTuber Shyam Meera Singh regarding a video posted by Shyam Singh on his YouTube channel, Manoj Jain, J. Directed Shyam Singh to delete the tweets against Gurmeet Ram Rahim. Read more


Gauhati HC upholds judgment by Foreigners Tribunal declaring a woman to be a foreigner who entered India illegally

In the instant petition filed, wherein the petitioner challenged the decision of the Foreigner’s Tribunal declaring her to be a foreigner illegally entering India on or after 25-03-1971; the Division Bench of Manash Rajan Pathak and Mithali Thakuria*, JJ., concurred with the judgement passed by the Foreigners Tribunal, Hojai, where the Tribunal found the petitioner to be a foreigner. The Court held that , the petitioner failed to discharge her burden of proof, under Section 9 of the Foreigners Act, 1946, as there was no legitimate evidence to establish the claims of her being an Indian citizen. Thus, the Court dismissed the petition and further held there was no requirement of any interference with the order passed by the Foreigner’s tribunal. Read more

Gauhati High Court holds State liable to compensate an advocate for handcuffing him without just cause

In a writ petition filed by the petitioner under Article 226 of the Constitution for the violation of his basic fundamental rights under Article 21 for handcuffing him without just cause, Devashis Baruah, J. observed that it is high time that Assam Police Manual is required to be amended in accordance with the law laid down by the Supreme Court in in Sunil Batra v. Delhi Administration, (1978) 4 SCC 494 and Prem Shankar Shukla v Delhi Administration, (1980) 3 SCC 526. The Court further observed in the case of Sunil Batra (supra) that bar fetters should be avoided as violative of human dignity, both within and without prisons. Read more


Redemption and rehabilitation of prisoners must receive due weightage; Himachal Pradesh HC grants parole to convict for solving his personal and family issues

In a petition filed by the petitioner seeking to be released on parole, the Division Bench of Tarlok Singh Chauhan* and Bipin Chander Negi, JJ., opined that there was no presumption that a person who was convicted of a serious or a henious crime was to be ipso facto treated as a hardened criminal. The Court further opined that the convicts too must breathe fresh air for atleast some time, provided they maintain good conduct consistently during incarceration and show a tendency to reform themselves and become good citizens. Redemption and rehabilitation of such prisoners must receive due weightage, while they were undergoing imprisonment. Thus, the Court directed the respondents to release the petitioner on parole for a period of twenty-eight days, subject to his furnishing a personal bond of Rs, 2,00,000, with two local sureties of the like amount, to the satisfaction of the Superintendent, Model Central Jail, Kanda, District Shimla, Himachal Pradesh. Read more


“S. 22, POCSO Act prohibits prosecution and punishment of a minor for perjury”: J&K and Ladakh HC, reiterates

While deciding an appeal, wherein the appellant argued that the respondents were required to be prosecuted for perjury under Section 340 of the CrPC as they had resiled from their earlier statement, a Single Judge Bench of Rajnesh Oswal, J.*, opined that for constituting the offence of perjury the false statement must be made deliberately and consciously. Taking note that the accused in the instant case was charged for commission of offences under Sections 376/506 of Penal Code, 1860 and Section 4 of POCSO Act, the Court opined that a perusal of the Section 22(2) of POCSO Act reveals that if a false complaint has been made or false information has been provided by a child, no punishment shall be imposed upon such child. “Once, the special Act prohibits the punishment of a child in respect of false information provided by a child, the child cannot be prosecuted for commission of offence of perjury”. Thus, the Court upheld the decision of the Trial Court and dismissed the appeal. Read more


Karnataka High Court directs BBMP officials to implement systems like Digi-locker to credentialize documents issued by them

While considering a “strange case” wherein it seemed that Bengaluru Bruhat Mahanagara Palike (BBMP) had issued Katha in respect of the same property to two different persons, and questions were raised on the veracity of the Katha certificate; a Single Bench of Suraj Govindraj, J.*, directed the Chief Commissioner, BBMP along with the Principal Secretary, E-governance, are directed to look into the matter and formulate a suitable mechanisms like Digi-locker to credentialize all documents issued by the BBMP so these situations can be avoided. Read more

Know why Karnataka HC recommended a Trial Court Judge to undergo training in Karnataka Judicial Academy vis-à-vis POCSO cases

While considering the instant appeal challenging judgment and order of acquittal in a POCSO case, the Bench of Hanchate Sanjeevkumar, J.*, took strict note of the insensible and inhuman way Additional District and Special Judge, Ballari, appreciated the evidence in the instant case and delivered a verdict of acquittal. “The appreciation of the evidence does not mean that finding fault with the prosecution case with an intention to search fault in the prosecution case”. Upon reading the order of acquittal, the Court found that the POCSO Judge assigned flimsy reasons and appreciated the evidence on record in a casual way. The Court noted that POCSO Court Judge had not understood properly what is meaning of the theory beyond reasonable doubt in appreciating the evidence in POCSO cases. Read more


Madras High Court upholds State Government’s power to appoint Public Prosecutors and Additional Public Prosecutors under S. 24 (6A) of CrPC

In a petition, filed for directing the Principal Secretary and Director General of Police to consider and issue necessary orders for appointing only regular cadre of Public Prosecutors / Additional Public Prosecutors in all District Courts, R. Sakthivel, J. while dismissing the petition, said that the insertion of sub-section 6A by the Tamil Nadu Amendment to Section 24 CrPC gave power to the State Government to appoint Public Prosecutors and Additional Public Prosecutors. Read more


Adjustment of entry tax paid on damaged cement against VAT liability not admissible under Bihar Entry Tax Act: Patna High Court

In an appeal filed by appellant, ACC Ltd. against the order of Commercial Taxes Tribunal, Bihar (‘the Tribunal’) wherein the Tribunal did not allow the adjustment of entry tax paid on damaged cement against value added tax liability (‘VAT liability’) under the provisions of Bihar Tax on Entry of Goods into Local Areas for Consumption, Use, or Sale therein Act, 1993 (‘the Act’), the Division Bench of K. Vinod Chandran, CJ.*, and Rajiv Roy, J., dismissed the appeal and held that the adjustment of entry tax paid on damaged cement against VAT liability was not permissible under the Act. Read more


‘Advocates practicing in other states ineligible for post of District Judge’; Telangana HC upholds Rule 5(1)(a) of Telangana State Judicial (Service and Cadre) Rules, 2023

A batch of writ petitions were filed by practicing advocates and Additional Public Prosecutors seeking quashment of order which rejected their applications seeking recruitment to the post of District Judge in the State of Telangana. Petitioners also sought a declaration to struck down Rule 5(1)(a) of Telangana State Judicial (Service and Cadre) Rules, 2023 (‘the Rules 2023’) as arbitrary and discriminatory and a consequential direction to respondents to permit petitioners to appear in written examination of District Judge. The Division Bench of Alok Aradhe, CJ.*, and T. Vinod Kumar, J., dismissed the writ petitions and held that the advocates practicing in other states were ineligible for the post of District Judge in Telangana. Read more


Uttaranchal HC takes suo motu cognizance of illegal felling of trees in jungle areas of Kaladhungi to Bajpur; directs State to take action against erring officials

The Division Bench of Sharad Kumar Sharma* and Pankaj Purohit, JJ., opined that the dereliction in performance of the assigned official duties was a professional misconduct, and at least, the Senior Officers of the department could not say, and have an excuse, that they were not aware of law, because ignorentia of law is non excusat. The Court held that the head of the department, i.e., Principal Secretary, Forest, and other subordinate senior officials were conscious of their responsibilities, but still they had knowingly persisted to continue the forest to be plundered by persons not eligible and that too for decades together. The Court thus directed the State to take action against the erring officials in accordance with the provisions of Government Servants (Discipline and Appeal) Rules, 2003. Read more

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