High Court weekly Roundup


Bombay High Court denies anticipatory bail to advocate for cheating her client by forging bail order

An anticipatory bail application was filed by the applicant, who is a practicing advocate in connection with a case registered under sections 420, 465, 467, 468, 471 of Penal Code, 1860. Sarang V Kotwal, J., denies anticipatory bail to the advocate for cheating her client by forging the bail order. Read more


Calcutta High Court quashes KMC’s action under Section 17-A of West Bengal Inland Fisheries Act, 1984 over Water Body Restoration dispute

In an appeal against the order directing the Kolkata Municipal Corporation (KMC) to inspect and decide on the water body’s existence, a division bench comprising of Arijit Banerjee* and Apurba Sinha Ray, JJ., allowed the appeal and KMC’s actions were deemed illegal due to the absence of evidence supporting Section 17A’s applicability. The Court directed further proceedings to determine the land’s status under Section 17A with proper notice and evidence. Read more

Calcutta High Court rejects Post-Retirement Regularisation due to irregular appointment and lack of sanctioned post

In a writ petition seeking regularisation of service post-retirement and claim to entitlement to pension and other retiral dues, a single-judge bench comprising of Kausik Chanda,* J., rejected the petitioner’s plea for regularisation of service post-retirement, emphasising the absence of a sanctioned post for the petitioner’s appointment. The Court also dismissed claims of discrimination and highlighted the negative stance of previous judgments on the regularisation of ad-hoc and illegal appointments. Read more

Calcutta High Court allows revision application for addition of parties; remits for reconsideration pending special officer’s report

In a three separate revisional applications challenging the order of rejection of the applicant-petitioner’s application for addition of parties, a single-judge bench comprising of Biswaroop Chowdhury,* J., found that the trial court failed to consider the petitioner’s contentions and documents filed in support of their application. The Court set aside the impugned order and remitted the matter for reconsideration upon receipt of the special officer’s report. Read more

Proposed accused has no right to hearing at the stage of inquiry under Section 340(1) of CrPC: Calcutta High Court

In an application under Section 340 of the Criminal Procedure Code, 1973 (CrPC) seeking a preliminary inquiry into the alleged fraudulent and illegal acts of the respondents with regards to appointment of arbitrator, a single-judge bench comprising of Moushumi Bhattacharya,* J., held that the respondents/proposed accused do not have a right to be heard at the stage of inquiry under Section 340(1) of the CrPC. The Court granted liberty to the petitioner to mention the matter for an early hearing on merits, indicating that the respondents have no right to be heard in the present application. Read more

Calcutta High Court affirms convictions in night-time dacoity involving robbery, murder and rape

In the appeals challenging convictions under Sections 395, 396, 376, and 354 of IPC in a dacoity incident where the appellants are contending false implication, lack of corroboration, and inadequacy of evidence and prosecution is asserting on witness consistency and voluntariness of the confession, a division bench comprising of Sugato Majumdar and Tapabrata Chakraborty,* JJ., after reviewing the findings of the lower court, held that there was no ground for interference, and dismissed the criminal appeals filed by the appellants. Read more


Delhi High Court issues directions for immediate financial assistance and recovery of back wages for rescued child labourers.

Petitioner was the father of a child who had been a victim of bonded labour and the present two petitions were filed seeking relief for petitioner’s minor child as well as similarly placed children who had not received the benefit of financial assistance under the statutory schemes. Petitioner was seeking directions for expeditious recovery of long pending backwages of petitioner’s minor child and 115 similar other child victims of bonded labour. The Division Bench of Manmohan, ACJ.*, and Manmeet Pritam Singh Arora, J.*, approved the Joint Suggestions that were made in coordination with all the Government departments and thus, with the consent of the parties, the Court issued directions in relation to the mechanism to be adopted in the post rescue protocol for rescued child labourers. Read more

‘Similar to mark GK HAIR’; Delhi High Court restrains use of mark ‘GK WELLNESS’ for hair care products in infringement suit by company Van Tibolli

Plaintiffs alleged that defendants’ mark “GK WELLNESS” and their logos and infringed plaintiffs’ registered trade mark “GK HAIR”, within the meaning of Section 29(2) of the Trade Marks Act, 1999 (‘the Act’). Thus, plaintiff seeks an interlocutory injunction against the use by defendants, in any manner, of the impugned mark “GK WELLNESS” and the logos and . C. Hari Shankar, J.*, held that defendants and others acting on their behalf, shall, consequently, stand restrained, pending disposal of the present suit, from using the mark “GK WELLNESS” in any form, including the logos , , and any domain name of which “gk wellness” was a part, or any other mark which was confusingly or deceptively similar to plaintiffs’ registered trade mark “GK HAIR”, or for any goods or services dealing with hair care or hair treatment, or any other goods or services which were allied or cognate therewith. Read more

Delhi High Court| Inability of one spouse to prove ‘saptapadi’ ritual in second marriage at summon stage not a loophole to evade bigamy charges

The petitions were filed by the petitioner under Section 482 Criminal Procedure Code (CrPC), seeking to set aside an order dated 21—01—2019 passed by the Additional Sessions Judge vide which the summoning order dated 30-08-2017 passed by the Metropolitan Magistrate was set aside. Swarana Kanta Sharma, J., upholds the summoning order observing that the mere inability of one partner, either a wife or a husband, to prove the performance of ‘saptapadi’ in the second marriage at the summoning stage should not be misused as a loophole to evade legal consequences. Read more

[Contempt of Court] Delhi High Court sentences advocate to six months in jail for making scandalous, unwarranted and baseless imputations against Judges

The Division Bench of Suresh Kumar Kait and Shalinder Kaur, JJ.*, opined that the respondent had made contumacious allegations in the appeal and also, made scandalous, unwarranted and baseless imputations against the Judges of the present Court and District Courts who had been discharging judicial functions. Further, being an officer of the Court, and making such averments in the judicial proceedings were more serious in nature. It was incumbent upon the Courts of justice to check such actions with a firm hand which otherwise would have pernicious consequences. Therefore, the Court opined that the respondent had committed contempt of court under the Contempt of Courts Act, 1971 (‘the Act’) and thus, found him guilty. Accordingly, the Court sentenced the respondent to undergo simple imprisonment for a period of six months with a fine of Rs. 2,000 and in default of payment of fine, he should undergo simple imprisonment of seven days. Read more

Delhi High Court sets aside Single Judge’s order affirming revocation of PepsiCo’s registration for potato variety FL 2027 used in Lay’s chips

The appeal arose from the judgment dated 05-07-2023 passed by the Single Judge dismissing the appeal preferred by appellant, PepsiCo India Holdings (P) Ltd. (‘PepsiCo’) under Section 56 of the Protection of Plant Varieties and Farmers’ Rights Act, 2001 (‘the Act’) and which had challenged the order of revocation dated 03-12-2021 passed by the Authority constituted under the Act. The order of revocation had annulled the registration accorded in favor of PepsiCo in respect of plant variety FL 2027. The Division Bench of Yashwant Varma* and Dharmesh Sharma, JJ., affirmed the Single Judge’s decision that the mistake of styling the variety as ‘new’ was remediable and in any case not fatal to the cause especially since the Registrar itself had decided to process the same as relating to the ‘extant’ category. Read more

Delhi High Court restrains manufacturers from selling cosmetic products imitative of Blue Heaven’s products and packaging

Prathiba M. Singh, J., opined that the products involved in the present case were cosmetics, and the use of identical artwork and packaging was likely to create deception amongst the consumers that defendants’ products also emanated from that of plaintiff. Thus, the Court restrained defendants and anyone acting for and/or on their behalf from using, manufacturing, offering for sale, the cosmetic products under the mark ‘NAMO NAVKAR’, which were imitative of plaintiff’s ‘BLUE HEAVEN’ products and packaging….

Prathiba M. Singh, J., opined that the products involved in the present case were cosmetics, and the use of identical artwork and packaging was likely to create deception amongst the consumers that defendants’ products also emanated from that of plaintiff. Thus, the Court restrained defendants and anyone acting for and/or on their behalf from using, manufacturing, offering for sale, the cosmetic products under the mark ‘NAMO NAVKAR’, which were imitative of plaintiff’s ‘BLUE HEAVEN’ products and packaging. Read more

No income arises on investment in shares in an Indian subsidiary as it is a capital account transaction: Delhi High Court reiterates

The present writ petitions were filed seeking quashing of the impugned notices and orders passed under Section 148-A(b) and Section 148-A(d), respectively of the Income Tax Act, 1961 (‘the Act’). Petitioners also challenged the legality and constitutional validity of Explanation 1 to Section 148 of the Act. The Division Bench of Manmohan, ACJ., and Mini Pushkarna, J., opined that investment in shares in an Indian subsidiary could not be treated as ‘income’ as the same was in the nature of capital account transaction not giving rise to any income. The Court thus set aside the impugned orders and notices passed under Section 148-A(d) and Section 148 of the Act, respectively. Read more

Delhi High Court grants ad interim injunction in favour of Mannat Group of Hotels for its mark ‘MANNAT’

A suit was filed by Mannat Group of Hotels (plaintiff) seeking ad interim injunction against eating joints at Murthal in Delhi-Chandigarh Highway wherein the notice has been issued and Local Commissioner appointed. Anish Dayal, J., restrained defendants from using any mark or branding inter alia MANNAT, MANAT DHABA, , MANNATT DHABA, Shri MANNATT DHABA, New MANNATT DHABA, Apna MANNAT DHABA et al., and/or any other mark or trade indicia which is identical to or deceptively similar to the Plaintiffs’ well-known and registered trademarks, MANNAT, MANNAT DHABA, MANNAT GROUP, MANNAT RESORTS, et al., which use by the Defendants amounts to infringement of the Plaintiff’s exclusive and proprietary rights in their registered marks. Read more

Strengthen e-filing, streamline weeding out and digitization of disposed of record: Delhi High Court

A Public Interest Litigation (‘PIL’) was filed seeking a direction for implementation of a uniform procedure for all miscellaneous filing including documents, applications, list of judgments, etc during proceeding/case/trial pending before a District Court, through the filing counter/filing department/ registry and a complete embargo on all miscellaneous filing across the bar in the District Courts except in cases which warrant an exception to be adopted in grave facts and circumstances, or in cases where such miscellaneous filing or receiving of the documents directly by the Court was provided under the law. The Division Bench of Manmohan, ACJ.*, and Manmeet Pritam Singh Arora, J., opined that there was a pressing need to take dedicated measures in the District Courts for first strengthening e-filing and secondly, streamlining weeding out as well as digitization of disposed of record. Read more

Special Courts not barred to try offences pending against former MPs/MLAs: Delhi High Court

In a petition filed under Article 226 of the Constitution, Pratibha M. Singh, J.*, opined that non-adherence to timelines had resulted in extended waiting periods of two to three years in some cases before a decision was made, which contradicted the intent and also, the letter and spirit of the Transplantation of Human Organs and Tissues Act, 1994 (‘1994 Act’) and the Transplantation of Human Organs and Tissues Rules, 2014 (‘2014 Rules’). Such prolonged delays could cause significant mental and physical anguish for donor, recipient and their respective families to proceed with the decision-making process. Read more

‘Nothing concrete has been done for last twelve years’; Delhi HC directs Chief Secretary to provide road map regarding construction of Sales Tax Bar Association’s chamber

In a petition filed regarding the construction of chambers for the Sales Tax Bar Association’s members, Subramonium Prasad, J., opined that nothing concrete had been done for the last twelve years and orders of the present Court could not be permitted to be flouted with impunity. The Court directed the Chief Secretary to give a road map regarding when the construction would be completed and the Orders of the Court would be implemented, before the next date of hearing. Further, the Court requested Special Commissioner, DTT and Special Secretary, PWD, to appear before the Court on the next date of hearing. Read more

Article 21 includes the right of a convict to procreate for preserving lineage; Delhi High Court grants parole to convict

A petition was filed seeking issuance of writ in the nature of certiorari for quashing of order dated 08-08-2023, passed by the Deputy Secretary (Home), Government of NCT of Delhi, and for issuance of writ of mandamus directing the respondent to release the petitioner on parole for a period of 12 weeks and also to determine whether, in the face of a rejected parole application, the preservation of familial lineage through procreation constitutes a compelling enough ground to warrant intervention. Swarana Kanta Sharma, J., granted the plea for parole to facilitate medically-assisted procreation, due to the advanced age of the convict and his wife, is grounded in a genuine desire to protect and preserve their lineage because even a convict does not forfeit their fundamental rights and remains entitled to equal consideration before the law. Read more

Delhi High Court restrains Indian Mart website from displaying counterfeit PUMA products

A suit was filed by PUMA SE (plaintiff) against the website www.indiamart.com owned by IndiaMART IndiaMESH Ltd. for displaying various counterfeit goods, bearing fake “Puma” marks, put up by third-party sellers for purchase. C Hari Shankar, J., restrained the defendant from providing any of the registered trade marks of the plaintiff, including PUMA, in respect of any goods whatsoever, as search options in the drop down menu presented to prospective sellers at the time of their registration on the Indiamart platform. Read more

CBSE Circulars specifically proscribe any revision; marks once uploaded will be treated as final for preparing CBSE’s result: Delhi High Court

The present writ petition seeks a writ of mandamus directing Central Board of Secondary Education (‘CBSE’) to correct Petitioner 2’s internal assessment marks in Social Studies for Class X in the academic year 2019-2020 from 18 to 20. C. Hari Shankar, J.*, opined that the Circulars dated 08-11-2019 and 30-01-2020 of CBSE were clear and categorical and they did not allow any change in the internal assessment marks for a student as uploaded by the school on CBSE’s website. The Court dismissed the writ petition and held that as Circulars issued by CBSE were not under challenge and as CBSE’s decision was in sync with the Circulars, no sustainable grievance existed in the present writ petition. Read more

Candidate applying for admission to Kendriya Vidyalaya School in EWS category need to furnish certificate from State Government where school is situated: Delhi HC

In a petition filed under Article 226 and 227 of the Constitution, Anup Jairam Bhambani, J.*, opined that insofar as Kendriya Vidyalaya (‘KV’) was concerned, being an institution owned and controlled by the Central Government, the ‘appropriate government’ for notifying the annual income threshold to decide, whether a child belonged to EWS category was the Central Government. The Court noted that the Central Government had notified the gross annual family income threshold for determining EWS Category as below Rs. 8 Lakhs and a certificate for that purpose was to be issued by an officer, not below the Tehsildar rank in the State. The Court opined that this implied that for a candidate applying for admission to KV schools anywhere in the country, under EWS category, needed to furnish a certificate issued from the State Government, where the school was situated, but such certificate was required to be furnished by an officer of the specified rank in the State, where such verification was possible. Thus, the Court directed KVS to grant regular admission to the petitioner’s son in KV, Narela for Academic Session 2023-2024. Read more


Read Why Gujarat High Court pulled up State for payment of compensation to dependents of deceased manual scavengers

In a Public Interest Litigation (PIL) against the unpaid compensation to the dependents of the deceased sanitation workers, the Division Bench of Sunita Agarwal, CJ and Aniruddha P. Mayee, J. directed for payment of compensation to the dependents of the deceased. Read more


Allegations of extra marital relationship constitutes grave assault on reputation of spouse, thus amounts to worst form of cruelty: Himachal Pradesh HC upholds divorce

In an appeal filed by the appellant-wife under Section 19 of the Family Courts Act, 1984 read with Section 28 of the Hindu Marriage Act, 1955 (‘the HMA’) to set aside the impugned judgment dated 14-08-2019, the Division Bench of Vivek Singh Thakur and Sandeep Sharma*, JJ, opined that cruelty must not only be physical or mental, but it must be something more serious than ordinary wear and tear of married life. The Court opined that levelling disgusting accusations of indecent familiarity with a person outside wedlock and allegations of extra marital relationship constituted grave assault on the character, honour, reputation, and status of the spouse. Such aspersions definitely amounted to the worst form of insult and cruelty, which itself was sufficient to substantiate cruelty in law. Thus, the Court after considering the entire evidence on record and reasons assigned therein, found no scope to interfere with the decree of divorce granted by the Family Court in favour of the respondent-husband, and upheld the impugned judgment. Read more


J&K and Ladakh HC quashes the detention order issued in 2022 based on an FIR registered against a detenue in 2004

While considering the instant petition wherein the petitioner challenged the order detaining him under Section 8(a) of the Jammu and Kashmir Public Safety Act, 1978, to prevent him from acting in any manner prejudicial to security, sovereignty and integrity of the State, the bench of Sanjeev Kumar, J*., quashed the impugned order of detention for being unsustainable in law. The Court pointed out that there was nothing on record, more particularly in the order of detention, that after the petitioner was released, he indulged in new activities till the passing of impugned order of detention. “There is not even a whisper about the prejudicial activities”. Therefore, the Court did not see any reason to press into service an FIR registered in the year 2004, more particularly when the petitioner has already faced trial in the aforesaid FIR and has been acquitted by the competent Court of jurisdiction. Read more

Contractual Appointment can’t be terminated without affording opportunity of hearing: Jammu & Kashmir & Ladakh HC reiterates

In an instant petition, where the petitioners were employed on contractual/contingency/consolidated/need basis, were disengaged on the recommendation of Anti-Corruption Bureau (ACB) by the Jammu Kashmir Handicrafts Corporation; a Single Judge Bench of M. A. Chowdhary, J.,* quashed the impugned order dated 16-09-2022 and directed the respondent corporation, J&K Handloom Corporation (JKHC) to re-engage the petitioners on their assigned duties. Placing reliance on several Supreme Court precedents, the Court pointed out that if an order is founded on allegations, the order is stigmatic and punitive, then services of an employee cannot be dispensed with without affording him an opportunity of defending the accusations/allegations made against him in a full-fledged inquiry. “Hence, it is settled law that even a contractual appointment cannot be terminated without affording an opportunity of hearing, if founded on allegation and/or misconduct, which casts a stigma on such an employee”. Read more


Para medical practitioner is not entitled to registration of private clinic under Karnataka Private Medical Establishment Act 2007: Karnataka HC

In a Writ Petition filed by the petitioner under Article 226 and 227 of the Constitution where the petitioner sought for quashment of an endorsement dated 25-09-2023 issued by Respondent under the Karnataka Private Medical Establishment Act 2007 declining to issue registration certificate to petitioner for his Sangeetha clinic; the single judge bench of M. Nagaprasanna, J.*, whilst dismissing the petition, opined that petitioner is not a medical practitioner, he is para medical practitioner and therefore not entitled to any registration under the 2007 Act which is essential for continuation of practice as a medical practitioner. “It is rather strange as to how the petitioner addresses himself as a practicing doctor for all these years. Time has come to pull the curtain down on such people who are practicing medicine without qualification and hoodwinking poor people in rural areas”. Read more


Can removal of Uterus due to ovarian cancer amount to cruelty to husband for grant of divorce? Madras HC answers

In an appeal filed by the husband challenging the order of rejection of the relief of dissolution of marriage on the ground of cruelty filed under Section 13(1)(ia)(ib) and 5(ii)(b) of the Hindu Marriage Act, 1955, (‘HMA’), the division bench of RMT. Teekaa Raman* and P.B. Balaji, JJ. while upholding the Family Court’s judgment, held that during the subsistence of marriage, the wife was diagnosed with ‘Ovarian Cancer’ and during the treatment, her Uterus was removed, thus, the same cannot be treated as a cruelty to the husband much less ‘mental cruelty’, since it is not ‘Act of the wife’ but only as ‘Act of fate or destiny’. Read more

Madras HC directs Patent Controller to reconstitute Opposition Board as evidence is filed after issuance of Board Recommendations

In a writ petition filed against the post grant opposition proceedings against petitioner’s Patent application and quash the same and consequently, direct the Controller of Patents and Designs (‘Controller’) to constitute a fresh Opposition Board to give fresh recommendation in the post grant opposition proceedings against Patent after disposal of the Form 13, Senthilkumar Ramamoorthy, J. has directed the Controller of Patents and Designs to constitute within 30 days a fresh Opposition Board comprising officers other than the officers who formed the previous Opposition Board. Read more


[Hindu Marriage and Divorce (Orissa High Court) Rules, 1956] Joinder of ‘Paramour’ as necessary party not mandatory in all divorce cases: Orissa HC

In an appeal against Trial Court’s decision, whereby, the appellant-Husband’s petition for grant of divorce on grounds of cruelty was made ex-parte, however, divorce was not granted, the Division Bench of Arindam Sinha and M.S Sahoo, JJ. allowed appeal and held that Rule 5 of the Hindu Marriage and Divorce (Orissa High Court) Rules, 1956 mandates making of the paramour as a necessary party, however, the mandate can be interpreted as ‘to be made party where possible’. Read more


Section 357A of CrPC and Rajasthan Victim Compensation Scheme, 2011 are applicable to incidents occurred prior to their enactment: Rajasthan High Court

In a petition filed under Article 226 of the Constitution, Anoop Kumar Dhand, J., opined that the provisions contained under Section 357-A of the Criminal Procedure Code, 1973 (‘CrPC’) and the Rajasthan Victim Compensation Scheme, 2011 (‘2011 Scheme’), were applicable to the incidents occurred prior to their enactment and the minor victim in the present case was entitled to the compensation in terms of 2011 Scheme. The Court opined that the crime of rape committed with the minor victim was a dehumanizing one and an affront to the human dignity. Hence, compensation should be awarded as a solace to the victim. Thus, the Court directed the respondents to pay compensation of Rs. 3,00,000 to the victim after adjusting the amount of compensation already recieved by her. Read more

[Habeas Corpus] Detainee illegally confined by parents over her relationship with a transgender man to be taken to the place of her choice: Rajasthan HC

In a petition filed by the petitioner under Article 226 of the Constitution to produce the corpus of the detainee who was in the illegal custody of the detainee’s father, the Division Bench of Pankaj Bhandari and Bhuwan Goyal, JJ., noted that the detainee was produced before the Court and stated that she had been detained by her father. The Court further stated that the detainee should be taken to the place of her choice under police protection and disposed of the present petition. Read more

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