HIGH COURT FEBRUARY 2024 WEEKLY ROUNDUP| Stories on Sexual Abuse of Wife; Arbitral Awards; National Commission for Scheduled Caste; Gyanvapi Mosque; Manual Scavengers and more

ALLAHABAD HIGH COURT

Suit not barred for want of Notice under S. 326 of U.P. Municipalities Act if it defeats the purpose of Injunction suit; Allahabad HC upholds Civil Judge order

In a petition filed by Nagar Panchayat challenging the order dated 08-11-2023 passed by Civil Judge (Junior Division) in a suit, rejecting the application filed by the it under Order 7 Rule 11 of the Code of Civil Procedure, 1908 (‘CPC’) as well as the order passed by District Judge, in Civil Revision, dismissing the revision filed against the order dated 08-11-2023, Manish Kumar Nigam, J. has held that no illegality has been committed by the courts below in rejecting the application under Order 7 Rule 11 CPC filed by Nagar Panchayat on the ground that the suit is barred by Section 326 of the Municipalities Act, 1916, as notice under Section 326 of the U.P. Municipalities Act, 1916 is not mandatory if it will defeat the purpose of the injunction suit. Read more

Parties conducting Inter religious marriage must ensure compliance of Ss. 8 & 9 of UP Prohibition of Unlawful Conversion of Religion Act: Allahabad HC

In a writ petition praying for commanding the State to provide adequate security to petitioners and further restraining the respondents from causing any interference in peaceful living of petitioners as husband and wife, Kshitij Shailendra, J. held that no sanctity could be attached to an interfaith/inter-religious marriage which has been performed without the compliance of Sections 8 and 9 of the U.P. Prohibition of Unlawful Conversion of Religion Act 2021 (‘Act, 2021’). Read more

[Vyas ji tehkhana] Allahabad HC grants time to Masjid Committee to amend pleadings to challenge order appointing DM as a receiver

In a plea by the Anjuman Intezamia Masjid Committee (‘AIMC’), which manages the Gyanvapi mosque challenging the Varanasi Court’s order ,wherein the Court directed the District Magistrate (‘DM’) to make appropriate arrangements within seven days for Hindus to conduct worshipping rituals inside one of the sealed basements called Vyas ji ka tehkhana, inside the Gyanvapi mosque premises, Rohit Ranjan Agarwal, J. has granted time till 06-02-2024 to AIMC to amend its pleadings to include a challenge to a 17-01-2024 order, whereby a District Magistrate was appointed as a receiver, consequent to which the impugned order was passed. Read more

BOMBAY HIGH COURT

Bombay HC quashes Rs 150 bribe case against Primary School Junior Clerk for want of previous sanction under PC Act

In a revision application under Section 397 of Criminal Procedure Code, 1973 (‘CrPC’) challenging order dated 12-11-2019 passed by the Anti-Corruption Bureau (‘ACB’) Special Judge for lack of sanction under Section 19(1)(c) of Prevention of Corruption Act, 1988 (‘PC Act’) from the competent authority, M.S. Karnik, J. quashed the same stating that it was not a case of defective sanction. Read more

CALCUTTA HIGH COURT

Calcutta High Court sets aside Issuance of Process; remands matter to Magistrate for compliance with Section 202 of CrPC

While deciding whether the process issued against the petitioner by the Magistrate was valid considering the petitioner’s residence outside the territorial jurisdiction of the Magistrate, a single-judge bench comprising of Subhendu Samanta,* J., held that the Magistrate had issued process against the petitioner without complying with the provisions of Section 202 of the Criminal Procedure Code, 1973 (CrPC), which mandates the postponement of the issuance of process if the accused resides beyond the territorial jurisdiction of the Magistrate. The Court remanded the matter to the Magistrate for fresh orders in compliance with Section 202 of the CrPC. Read more

‘Director’s liability without company’s inclusion is unlawful’; Calcutta High Court quashes criminal proceedings due to violation of Section 46-B of the Bengal Excise Act, 1909

In a revision application seeking quashment of prosecution report and criminal proceedings arising out of raid on the petitioner’s company’s marketing office resulted in the seizure of 292 bottles of foreign liquor due to alleged non-payment of duty on overseas foreign liquor, a single-judge bench comprising of Shampa Dutt (Paul),* J., held that the company must be made an accused for the director to be held criminally liable under Section 46-B of the Bengal Excise Act, 1909. The Court quashed the prosecution report arising out criminal proceedings and orders connected thereto pending for adjudication before the Chief Judicial Magistrate. Read more

Unanimity on Questions of Law; differences on Questions of Facts: Division Bench refers matter to Calcutta High Court Chief Justice for resolution by third Judge

In an appeal was filed against the dismissal of the application for interim mesne profits during the pendency of the eviction suit, a division bench comprising of I.P. Mukerji* and Biswaroop Chowdhury,* JJ., held that the Court’s decision regarding questions of law is unanimous, but there are differences with regards to question of facts, necessitating referral to a third Judge for resolution. The Court referred the matter to the Chief Justice for referral to a third Judge to resolve the factual differences between the judges. Read more

‘A mere undertaking does not create charge without transfer of interest’; Calcutta High Court dismisses application seeking rejection of plaint

In an application seeking the rejection of the plaint or, alternatively, dismissal of the suit arising out of a dispute over a joint venture development agreement for a portion of the premises, a single-judge bench comprising of Krishna Rao,* J., held that the defendant failed to prove compliance with the Memorandum of Understanding, and the plaintiffs were entitled to the reliefs sought. The Court dismissed the defendant’s counterclaim for specific performance. Read more

Calcutta High Court upholds amendment to written statement under Order VI Rule 17 CPC, emphasising necessity for effective adjudication

In a petition challenging the order of civil judge which allowed an application under Order VI Rule 17 of the Civil Procedure Code, 1908 (CPC) to amend the written statement and introduce a new fact that an unregistered will was executed, a single-judge bench comprising of Ajoy Kumar Mukherjee,* J., upheld the lower court’s decision to allow the amendment, emphasising the necessity for the effective adjudication of the suit as the validity of the alleged unregistered will directly impacted the reliefs sought in the suit. Read more

Calcutta High Court modifies Special Referee’s report; determines Mesne profits and monthly rents based on Cost Inflation Index

In an application seeking the issuance of final decree based on report of the Special Referee appointed by the court to determine the monthly market rent for mesne profits, a Single-judge bench comprising of Krishna Rao,* J., modified the Special Referee’s report, determining mesne profits from 01-04-2014, and adjusted the monthly rent based on the Cost Inflation Index for subsequent years and directed the defendant to pay monthly rent with interest on the outstanding amount. Read more

Calcutta High Court affirms rejection of Section 311 CrPC application due to bar on criminal revision under Section 397(2) CrPC

In revisional applications challenging an order passed by the Metropolitan Magistrate, rejecting the petitioner’s application under Section 311 of the Criminal Procedure Code, 1973 (CrPC) in connection with complaint cases under Section 138 read with Section 141 of the Negotiable Instrument Act, 1881, a single-judge bench comprising of Subhendu Samanta,* J., held that the rejection of the application under Section 311 of the CrPC was justified, considering the nature of evidence sought and lack of sufficient explanation for the delay. The Court held that rejection of the application under Section 311 is an interlocutory order and criminal revision is not maintainable against an interlocutory order. Read more

Securities Misappropriation | Calcutta High Court sets aside Magistrate’s orders on non-compliance of mandatory provision of Section 202 CrPC

In a criminal revision seeking quashment of entire proceedings along with the complaint due to failure on part of the Magistrate to conduct an inquiry under Section 202 of the Criminal Procedure Code, 1973 (CrPC) before issuing process against accused persons residing outside his jurisdiction, a single-judge bench comprising of Rai Chattopadhyay,* J., emphasised on the mandatory nature of Section 202 of the CrPC and set aside the orders of the Magistrate, directing the case to be remanded for due compliance with the law. Read more

‘Strike balance between Compliance and Natural Justice’; Calcutta High Court provides procedural guidelines for fraud allegations under RBI Master Directions

In a petition challenging the show-cause notices issued by the banks by the petitioner on the ground of inadequate opportunity, lack of specific allegations, and reliance on an incomplete Forensic Audit Report, a single-judge bench comprising of Sabyasachi Bhattacharyya,* J., set aside the respondent bank’s decision to declare the petitioner as “fraud” due to procedural shortcomings. The Court did not set aside the show-cause notices but directed the petitioner to furnish replies within a fortnight, indicating required documents for inspection. The Court also provided a detailed procedure for handling future cases involving show-cause notices under the RBI Master Directions on fraud. Read more

Calcutta High Court grants compensation after lapse of proceedings and utilisation of land for Flyover Construction

In a writ petition challenging an order passed by the Special Land Acquisition Officer which denied compensation to petitioner, a single-judge bench comprising of Suvra Ghosh,* J., held that the petitioners have right to compensation due to the lapse of proceedings and land utilisation. The Court directed the State to initiate proceedings and pay compensation within three months. Read more

Prosecution Witness entitled to benefit of Section 132 of Evidence Act and Section 307 CrPC; Calcutta High Court sets aside trial court’s order

In a revision petition challenging the order of Special stalling the trial and directing the CBI to obtain sanction to make Prosecution Witness an accused, a single-judge bench comprising of Shampa Dutt (Paul),* J., held that the PW-3-accused is entitled to the benefit of Section 132 of the Evidence Act, 1872 and Section 307 of the CrPC and set aside the impugned order. Read more

Calcutta High Court appoints Special Officer to safeguard Iron Ore as post-arbitral award interim measures under Section 9 of Arbitration and Conciliation Act

In an application preferred under Section 9 of the Arbitration and Conciliation Act, 1996 (the Act), seeking interim relief as the award holder to prevent respondent from selling iron ore to third parties, a single-judge bench comprising of Krishna Rao,* J., held that Section 9 of the Act provides for interim relief at various stages, including after the arbitral award is made but before enforcement under Section 36. The Court appointed a Special Officer to preserve the iron ore and disposed of the petition. Read more

‘Duty of Welfare State to devise beneficial schemes for common people’; Calcutta High Court directs Centre to formulate policy on Kerosene Oil allocation

In a writ petition seeking allocation of kerosene oil to the State of West Bengal on a per capita basis under the Public Distribution System, a single judge bench comprising of Bivas Pattanayak,* J., directed the Central Government to adopt and take a policy decision for the allocation of kerosene oil to the State of West Bengal for distribution to designated consumers through the Public Distribution System. The Court emphasised on the duty of a welfare state to frame policies for the benefit of citizens and highlighted the importance of public interest in the context of locus standi. Read more

Calcutta High Court upholds accused directors’ liability under Negotiable Instruments Act, 1881; set asides warrant against company for being a juridical person

In three revision petition combined together, challenging various orders, including prosecution against the petitioners under Section 138 and 141 of the Negotiable Instruments Act, 1881, issuance of a warrant of arrest and order of attachment against the petitioner company, a single-judge bench comprising of Rai Chattopadhyay,* J., upheld the validity of the prosecution against the accused directors, emphasising on the need for specific averments. The Court deemed the issuance of a warrant against the company inappropriate, considering its juridical nature. The Court allowed the trial to proceed, and the case is disposed of. Read more

Disproportionate Assets | Calcutta High Court quashes FIR citing insufficient evidence and income assessment error during ‘Check Period’

In a criminal revision petition challenging the impugned order which denied the petitioner’s request for discharge under Section 239 of the Criminal Procedure Code, 1973 (CrPC) in relation to case under the Prevention of Corruption Act, 1988, a single-judge bench comprising of Rai Chattopadhyay,* J., set aside the trial court’s order and quashed the FIR, due to lack of adequate evidence regarding the petitioner’s income and asserting the abuse of the court’s process. Read more

CHATTISGARH HIGH COURT

Electricity Department cannot escape its responsibility of paying compensation to dependents of electrocuted victims by citing negligence on victim’s part: Chhattisgarh HC

In an appeal filed by the appellant to challenge the legality and validity of the impugned judgment and decree dated 28-07-2023, the Division Bench of Goutam Bhaduri* and Radhakishan Agrawal, JJ., opined that the time runs when the cause of action accrued and in the present case, the minor did not attain the age of the majority, and filed the case after service of the notice to the respondent. The Court opined that at the most, it could be stated that the cause of action started when the first notice was served on 12-01-2019 and since, the suit was filed on 25-09-2019, it could not be held to be barred by limitation. Further, the Court opined that the death was occurred due to electrocution and the witnesses’ statement also showed that the deceased came into the contact with live electric wire and was electrocuted, thus, in the absence of any other evidence, the same would be acceptable, and would lead to draw the analogy of strict liability. The Court opined that the Electricity Department could not escape its responsibility of paying compensation to the dependents of victims of electrocution by citing negligence on the victim’s part and directed Respondent 1 and 2 to pay Rs. 10,78,000 to the appellants. Read more

No conviction for causing miscarriage if there is no expulsion of embryo or foetus from the mother’s womb: Chhattisgarh HC

In an appeal filed against the impugned judgment dated 23-12-20023, passed by the Special Judge, Rajnandgaon (‘the Trial Court’), Sanjay K. Agarwal,J*., opined that where the child in the womb was full grown, the accused could not be convicted of causing miscarriage under Section 312 of the Penal Code, 1860 (‘IPC’), because the section only contemplated expulsion of the child from the mother’s womb before the gestation period was completed. The Court opined that since there was no expulsion of the embryo or foetus, the act of Appellant 1, would not come within the meaning of Section 314 of the IPC to cause miscarriage, since expulsion of embryo or foetus was one of the main ingredients under Section 314 of the IPC. Thus, the Court set aside the impugned judgment dated 23-12-2002. Read more

DELHI HIGH COURT

Delhi HC refuses to mandate criminal courts to issue notice to complainant/victim at pre-trial stage, says ‘such direction likely to work against objective of expeditious trials’

In a public interest litigation filed for seeking directions to all District Courts/ Police Stations to supply a copy of the chargesheet/ police report/ final report to the complainant/ victim at free of cost and directions to all the District Courts to issue notice to complainants/victims at the time of taking of cognizance, the Division Bench of Manmohan, ACJ and Manmeet Pritam Singh Arora, J.*, opined that there was no mandate in the statute obliging the Criminal Court to issue notice to the complainant/victim at pre-trial stage. The Court further opined that it was unable to accept that petitioner’s suggestion that it should be mandatory for the criminal courts to issue a notice to the complainant/victim at every stage of the pre-trial and trial in criminal proceedings, as such direction was likely to result in avoidable and undesirable delays in trials and was likely to work against the objective of expeditious trials. Read more

‘Incidents of sexual exploitation in this case unveiled a troubling reality’: Delhi HC denies anticipatory bail to husband accused of sexually abusing his wife

In an application filed by the applicant-husband under Section 438 of the Criminal Procedure Code, 1973 (‘CrPC’), Swarana Kanta Sharma, J.*, opined that the specific incidents of sexual exploitation and abuse recounted in this case, unveiled a troubling reality, where the marriage was distorted into a vessel of unchecked dominance and entitlement. The Court opined that the severity of the exploitation in the present case was compounded by the additional factors of physical and emotional violence inflicted upon the victim by her husband and his family. The use of force, coercion, and intimidation to extract compliance from the wife underscored the systemic nature of the abuse and the lengths to which perpetrators would go to maintain their power and control. Thus, the Court opined that the accused persons in the present case should be dealt with a stern hand and did not find any ground to grant anticipatory bail to the husband. Read more

‘Pay additional Rs 20 lakhs compensation to families of people who died due to manual scavenging’; Delhi HC directs Union of India

Petitioners were the widows of workers who lost their lives in manual scavenging, and they approached the Court for a direction to respondents to pay Rs 20 lakhs to petitioners in terms of the judgment passed by the Supreme Court in Balram Singh v. Union of India, 2023 SCC OnLine SC 1386 (‘Balram Singh Case’). Subramonium Prasad, J., opined that petitioners herein ought to have been granted the same benefit of additional Rs 20 lakhs as held in Balram Singh Case (supra). The Court directed respondents to pay Rs 20 lakhs to all similarly placed persons instead of forcing the family members of persons who had lost their lives in manual scavenging to approach this Court by filing writ petitions. Read more

CBI not totally exempted from RTI Act; Delhi High Court orders for disclosure of information in AIIMS corruption case

A petition was filed by the Central Bureau of Investigation (CBI), seeking to challenge the order dated 25-11-2019 passed by the Central Information Commission (CIC) allowing an appeal filed by the Respondent herein and directing the CPIO, Central Bureau of Investigation, Anti-Corruption Branch, Delhi to provide certified copies of all the file noting/ documents/ correspondences related to the investigation done by CBI on corruption complaint regarding purchase in Trauma Centre, AIIMS, New Delhi. Subramonium Prasad, J., rejected CBI’s blanket exemption claim and held that CBI is not totally exempted from RTI Act and information pertaining to allegations of corruption and human rights violations must be provided to the applicant seeking disclosure of information. Read more

‘Mere allegation that prosecutrix may be a member of gang of honey trapping, not sufficient to direct further investigation u/s 173(8) CrPC’; Delhi HC imposes Rs 20,000 costs

A petition under Articles 226 and 227 of the Constitution read with Section 482 of Criminal Procedure Code, 1973 (‘CrPC’) was filed by petitioner for setting aside order dated 02-11-2023 passed by ASJ/SPL, whereby application filed on behalf of petitioner for further investigation was dismissed. Anoop Kumar Mendiratta, J., opined that merely, based on allegation that prosecutrix might be a member of gang of ‘honey trapping’ or the second mobile phone used by prosecutrix might contain some evidence of extortion, the Court could not direct further investigation under Section 173(8) of CrPC. Thus, the Court disposed of the petition and held that no grounds were made out to direct further investigation, however, the cost of Rs 20,000 was to be deposited by petitioner. Read more

Foeticide neither ethical nor legally permissible, if no danger to carry on with pregnancy with healthy and viable foetus: Delhi High Court

In a case wherein the petitioner had sought directions for permitting medical termination of her ongoing pregnancy of twenty-eight weeks under the Medical Termination of Pregnancy Act, 1971 (‘the Act’), Subramonium Prasad, J.*, referred to ultrasound report conducted on the petitioner and opined that there was no congenital abnormality in the foetus, nor any danger to the mother to carry on with the pregnancy which would mandate termination of the foetus. The Court opined that since the foetus was viable and normal, and there was no danger to the petitioner to carry on with the pregnancy, foeticide would neither be ethical nor legally permissible. The Court opined that the petitioner was already seven months pregnant with a healthy and viable foetus and since the case of the petitioner did not fall within the four corners of the Act and the Rules framed thereunder, the prayer sought for by the petitioner for a direction to the All India Institute of Medical Sciences (‘AIIMS’) for premature termination of pregnancy/delivery of the child could not be acceded to by this Court. Read more

Adulterous spouse is not equivalent to incompetent parent; extramarital affair of either spouse cannot be the sole reason to determine child’s custody: Delhi HC

In an appeal filed under section 19 of the Family Courts Act, 1984 read with Section 47 of the Guardians and Wards Act, 1890, against the judgment dated 23-12-2019, the Division Bench of Suresh Kumar Kait and Neena Bansal Krishna*, JJ., opined that while the over emphasis of the entire evidence had been to prove the extra-marital affair, there was not an iota of the evidence to show that the respondent-mother in any way, failed to take care of the children’s needs. The Court opined that the children, being the daughters who were in their formative years, their special needs during their puberty and adolescence, could be better understood and cared by the mother. The Court opined that though the appellant-father might be equally capable to taking care of minor daughters, but that could not be the ground to disturb the custody of the children who were in the mother’s custody since January-February 2020. Thus, considering the interest and welfare of the children, the Court granted the permanent custody to the mother and modified a shared-parenting plan. Read more

[Arvind Kejriwal Defamation Case] ‘Retweeting’ a defamatory imputation amounts to ‘publication’ for purpose of S 499 IPC: Delhi High Court

A petition was filed by Arvind Kejriwal, challenging the defamation case filed against him by Vikas Sankrityan alias Vikas Pandey for retweeting a video, posted by Dhruv Rathee where allegations were made regarding Bharatiya Janata Party (BJP) IT cell. Swarana Kanta Sharma, J., upheld the summon orders, refused to quash the defamation case observing that retweeting defamatory content amounts to defamation as retweeting a content, which is allegedly defamatory, on the Twitter account and projecting it to be as if his own views, will prima facie attract the liability under Section 499 of IPC, for the purpose of issuance of summons. The Court held that “The rigours of Section 499 of IPC will be attracted prima facie in case a person will retweet/repost the alleged defamatory remarks or content, for the general public to see, appreciate and believe.” Read more

Delhi High Court dismisses petition seeking investigation into financial irregularities by Indiabulls Housing Finance Limited

A petition was filed by Citizens Whistle Blower Forum seeking direction for an in-depth, thorough and time-bound investigation by a SIT into various serious illegalities, violations and siphoning of funds committed by the promoters of Indiabulls Housing Finance Limited (IBHFL), its subsidiaries and their promoters. A division bench of Suresh Kumar Kait and Neena Bansal Krishna, JJ., dismissed the petition being devoid of merits. Read more

Constant taunts on husband’s financial capacity, disrupting family relations will cause disquiet in husband’s mind, thus amounts to mental cruelty: Delhi HC upholds divorce

In an appeal filed under Section 19(1) of the Family Court Act, 1984 against the judgment and order dated 14-02-2019, the Division Bench of Suresh Kumar Kait and Neena Bansal Krishna*, JJ., opined that the acts of indifference, non-accommodative nature, constant taunts on the husband’s financial capacity, disrupting family relations and an extremely disrespectful attitude, was per se a conduct that would cause disquiet in the husband’s mind. Thus, such constant bickering and the fights caused continuous stress in the husband’s mind and impacted his mental well-being as well. The Court opined that though these incidents might seem to be innocuous insignificant or trifling when considered independently, but over a period, when such conduct prevailed, it was bound to create mental stress, which made it impossible for the parties to survive in their matrimonial relationship. Thus, the Court concluded that the Family Court had rightly granted the divorce under Sections 13(1)(ia) and 13(1A)(ii) of the Hindu Marriage Act, 1955 (‘the HMA’). Read more

Delhi High Court grants anti-arbitration injunction in an international commercial arbitration

Plaintiff, Techfab International (P) Ltd. sought a decree of declaration that any orders passed, or proceedings conducted by the Sole Arbitrator appointed by the Council for National and International Commercial Arbitration, Chennai (‘CNICA’) in Midima Holdings Ltd. (Malawi) v. Techfab International (P) Ltd. (India), PCA Case No. AA773 (‘Midima Holdings Case’), were null and void. Plaintiff also sought an anti-arbitration injunction restraining defendant, Midima Holdings Ltd., from proceeding with the said arbitration proceedings, apart from costs. Anup Jairam Bhambhani, J., observed that though the arbitration provision did say that arbitration could be conducted in any other ‘United Nations Commission on International Trade Law (‘UNCITRAL’) following countries’, that was subject to a mutual decision of the parties, and there was nothing on record to show that any such decision was taken by mutual consent of the parties. Thus, the Court restrained defendant from proceeding further with arbitral proceedings before the Sole Arbitrator appointed by the CNICA, Chennai, in Midima Holdings Case, till the next date of hearing. Read more

Delhi HC upholds arbitral award for transfer of Kashmir Harvard Educational Institute’s domain name ‘kashmirharvard.edu.in’ to Harvard College

Petitioner filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 (‘the Act’), assailing an arbitral award dated 04-04-2023 under the “.IN Domain Name Dispute Resolution Policy” (‘INDRP’) and by the impugned award, the arbitrator had directed that a domain name registered by petitioner i.e., ‘kashmirharvard.edu.in’, be transferred to respondent, President and Fellows of Harvard College in USA. Prateek Jalan, J.*, held that it did not find any grounds to hold that the impugned award was contrary to Section 34(2) of the Act. The Court opined that the arguments advanced by petitioner showed a scant regard for the limited scope of intervention with an award in an international commercial arbitration, or for the process of the Court. Further, the pleas were advanced, which were contrary to the record, and attempt after attempt was made to mislead the Court. Thus, the Court imposed Rs 50,000 costs against petitioner. Read more

[IIT Delhi students’ death] ‘Faculty/staff of IIT shall counsel students to give their best without succumbing to pressures/stress of performing better’: Delhi HC

The present petition was filed by petitioners under Articles 226 and 227 of the Constitution to issue an appropriate writ, order or direction including a writ in the nature of mandamus, thereby directing the police authorities or Respondent 6 to register appropriate FIRs in the cases involving the deaths of the sons of Petitioners 2 and 3. Rajnish Bhatnagar, J.*, opined that the allegations levelled by petitioners regarding their sons facing caste-based discrimination, could not be corroborated and nothing came on record to substantiate the same. Therefore, even though the Court was aware of the plight of grieving parents of two young students who took extreme steps and the agony undergone by them, however, after considering the totality of facts and circumstances of the present case, a mandamus could not be issued in a routine manner merely based on sympathy or sentiments. Read more

Delhi High Court dismiss paternity test plea due to no sperm count; Emphasis on child’s interests in parental disputes

An appeal was filed by the husband (appellant) challenging the rejection of his application seeking a paternity test for the child born to the wife (respondent). A division bench of Rajiv Shakder and Amit Bansal, JJ., dismissed the appeal and decided not to interfere with the Family Court rejection order as it would impact the child’s interests through a paternity test. Read more

‘Court cannot turn its back on distressed family’: Delhi HC quashes FIR against a man accused under POCSO after considering his happy married life with victim

In a petition filed under Article 226 of the Constitution read with Section 482 of the Criminal Procedure Code, 1973 (‘CrPC’), Rajnish Bhatnagar, J.*, opined that it could not be a silent spectator or turn its back on the distressed family and if the impugned FIR was not quashed, the petitioner would have to face incarceration for atleast ten years which would negatively impact their lives, including their two minor children. The Court further opined that the mistake or blunder, which otherwise constituted an offence had been committed due to immature act and uncontrolled emotions of two persons, out of whom, one was a minor, on the verge of majority, at the time of incident as claimed by the State. Thus, considering the lives and future of two minor children, the Court quashed the FIR registered under Sections 376 and 363 of Penal Code, 1860 (‘IPC’) and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (‘POCSO Act’). Read more

Delhi High Court restrains usage of mark ‘RAASHEE’ in relation to pan masala in a trademark infringement suit by ‘RAJSHREE’; imposes Rs 50,000 as costs

Plaintiff, Kamal Kant and Company LLP filed the present suit against defendant, Raashee Fragrances India Pvt. Ltd. seeking injunction from using the mark ‘RAASHEE’. Prathiba M. Singh, J.*, restrained defendant from using the trademark ‘RAASHEE’ or any other mark which was identical or deceptively similar to plaintiff’s mark ‘RAJSHREE’ in respect of pan masala, mouth freshners, scented supari, betel nuts of zarda mix, pan masala like gutka, zarda, safrani and other chewing tobacco, khaini, tobacco products, tobacco raw or any other cognate and allied goods or services. Read more

Delhi HC directs Union of India to frame guidelines specifying exceptional medical grounds when minors can be allowed to donate live tissues and organs

In a petition seeking for a direction to the respondents to grant Petitioner 1, necessary permission to donate a part of her liver to her ailing father, Petitioner 2, Subramonium Prasad, J.*, considering that Petitioner 2 required an urgent liver transplant as he was in the end stage of liver disease, the Court permitted Petitioner 1 to donate a part of her liver to her father. The Court directed Petitioner 1 to undergo the procedure in a specialized centre like AIIMS or Respondent 3, where all detailed workup of Petitioner 1 to be done keeping in view of her safety. Further, the Court opined that the guidelines had to be laid down indicating the nature of exceptional medical grounds which could be adopted throughout the country by the appropriate authority and the State Governments and directed Respondent 1 to frame the guidelines within two months from 30-01-2024, under Rule 5(3)(g) of Transplantation of Human Organs and Tissues Rules, 2014 (‘2014 Rules’) for the guidance of the appropriate authority and the State Governments while considering an application regarding permitting tissue donations by minors. Read more

‘All defects rectified’; Delhi High Court orders commencement of operation of News TV Channel “Lokshahi Marathi”

Petitioners approached this Court challenging the order dated 09-01-2024 passed by Respondent 1, Union of India, by which the operation of News TV Channel “Lokshahi Marathi” was suspended on all distribution platform operators throughout India for a period of 30 days with effect from 6:00pm on 09-01-2024. Subramonium Prasad, J., while exercising its jurisdiction under Article 226 of the Constitution and keeping in view respondents’ satisfaction that all the defects pointed out were rectified by petitioners and the activity of the channel was under their control, opined that petitioners must be permitted to commence the operation of channel. Read more

Carrying forward of unfilled EWS/DG vacancies to next class in subsequent year is valid and legal; does not infract RTE Act: Delhi High Court

C. Hari Shankar, J.*, held that the principle of carrying forward of unfilled Economically Weaker Section (‘EWS’)/Disadvantaged Group (‘DG’) category vacancies in a particular class in one year, to the next class in the next year in the same school, was legal and valid. The Court opined that the carrying forward of unfilled EWS/DG vacancies to the next class in the subsequent year did not infract the Right of Children to Free and Compulsory Education Act, 2009 (‘the RTE Act’) or any other legal provision. Admitting EWS/DG students to the extent of at least 25% of the strength of its entry level class was the statutory obligation of every school which falls within Section 2(n)(iv) of the RTE Act and if any school defaulted, there was nothing illegal in directing it to make up the deficit in the next higher class in the next year. Read more

‘A treatment that is worse than the disease’; Delhi HC refuses prior censorship of any publication on Facebook regarding Rohingyas

The present writ petition was filed seeking appropriate directions to Respondents 1 and 2 to monitor and suspend hate speech and harmful content that originated in India from Facebook and was directed towards Rohingya community, both in India and elsewhere. Petitioners also sought directions to Respondents 1 and 2 to halt the use of its virality and ranking algorithms, which encouraged hate speech and violence against minority communities. Petitioners further sought direction to Respondent 3, Union of India, to take steps in accordance with law for restraining Facebook from promoting hate speech covered under Section 153-A(1)(b) of the Penal Code, 1860 (‘IPC’) and more particularly against Rohingya community. Read more

GAUHATI HIGH COURT

Wearing Jeans Before the Court | De-courting due to improper attire doesn’t infringe Advocate’s right to get an audience from Court: Gauhati HC

While considering the instant application praying for deletion and expunging of an earlier order wherein the High Court had ordered the police to de-court the applicant as he appeared before the Court wearing jeans instead of prescribed dress code for male advocates; the Bench of Kalyan Rai Surana, J.*, dismissed the application stating that, as the applicant was not properly attired on the day the he appeared before the Court which resulted in the issuance of the impugned order, hence it cannot be said that his legal or fundamental right to get an audience from the Court has been infringed on being de-courted for wearing jeans. Read more

GUJARAT HIGH COURT

[PASA, 1985] Mere registration of FIR cannot have nexus with breach of maintenance of public order; Gujarat HC quashes preventive detention order against step-father

In a petition under Article 226 of the Constitution of India for issuance of writ of Certiorari or any other appropriate writ, order or direction, for quashing and setting aside the impugned detention order against the petitioner, the Division Bench of AY Kogje* and Samir J. Dave, JJ. allowed the petition and held that mere registration of FIR by itself cannot have any nexus with the breach of maintenance of public order and the authority could not have taken a recourse under the PASA. Read more

HIMACHAL PRADESH HIGH COURT

Conclusive Report of Central Drugs Laboratory u/s 25(4) of Drugs and Cosmetics Act, 1940 supersedes Government Analyst’s report: Himachal Pradesh HC

In a petition filed under Section 482 of the Criminal Procedure Code, 1973 (‘CrPC’) to quash the proceedings initiated against the petitioners, Rakesh Kainthla, J.*, opined that opined that it was apparent from the bare perusal of the Section 25(4) of the Drugs and Cosmetics Act, 1940 (‘the Act’), that the report of Director, Central Drugs Laboratory had been made conclusive of its contents and would supersede the report of the Government Analyst. The Court further relied on Amery Pharmaceuticals v. State of Rajasthan, (2001) 4 SCC 382, and opined that in the present case, the report of Central Drugs Laboratory, Kolkata, clearly showed that the sample was found to be conforming to the standard laid down. Since, this report was conclusive, it superseded the report of the Government Analyst and thus, it was admissible without examination of the report’s author. The Court opined that continuation of the proceedings before the Trial Court would amount to an abuse of the Court’s process and would be an exercise in futility and accordingly, quashed the proceedings initiated against the petitioner. Read more

JHARKHAND HIGH COURT

High Court’s jurisdiction specifically excluded under Section 35G of Central Excise Act: Jharkhand HC

In a challenge against order passed by Customs, Excise and Service Tax Appellate Tribunal, Kolkata on 9-08-2019, the Division Bench of Rongon Mukhopadhyay and Deepak Roshan*, JJ. held that the said appeals were exclusively maintainable by the Supreme Court of India as per Section 35-L of the Central Excise Act, 1944 (‘1944 Act’). Read more

MADRAS HIGH COURT

Madras HC dismisses plea praying for dissolving National Commission for Scheduled Caste

In a petition filed for directing the Secretary of the President of India to dissolve the National Commission for Scheduled Castes (‘NCSC’), the division bench of Sanjay V. Gangapurwala, C.J. and D. Bharatha Chakravarthy, J. while dismissing the petition, said that if a person is aggrieved by any of the actions of the Commission, then, that action may be challenged. However, a blanket prayer for dissolving the Commission would not be in the interest of the members of the Scheduled Caste community. Read more

Madras HC directs Health & Family Welfare Dept. to appoint Chairman and Members of State Allied and Healthcare Council

In a writ filed by Tamil Nadu Medical Laboratories Association (‘TN MLA’) to direct the Principal Secretary, Health and Family Welfare Department to consider the representation of the petitioner to constitute Tamil Nadu State Paramedical Council to regulate the field of Paramedicals, S.M. Subramaniam, J. directed Principal Secretary, Health and Family Welfare Department to appoint Chairman and Members of the Committee of the State Council as per the provisions of the National Commission for Allied and Healthcare Professions Act, 2021 (‘NCAHP Act, 2021’) and Rules within a period of two months from the date of receipt of a copy of this order. Read more

Read why Madras HC exercised its extraordinary jurisdiction to quash a sexual abuse case

In a petition praying to call for the records pertaining to witness summons issued in a sexual abuse case, on the file of the Metropolitan Magistrate Court and to quash the same, N. Anand Venkatesh, J. while quashing the summons, also exercised its extraordinary jurisdiction under Article 226 of the Constitution of India and quashed the proceeding pending on the file of the Metropolitan Magistrate on the ground that these proceedings will result in a punishment to the petitioner for having raised her voice against sexual abuse underwent by her in the broad daylight. Read more

Revenue Authorities cannot issue ‘No Caste No Religion’ Certificate in absence of powers conferred by law or by Government: Madras HC

In a writ petition praying to direct the District Collector, Tahsildar, Principal Secretary of Revenue Department to issue ‘No Caste No Religion Certificate’ to the petitioner, S.M. Subramaniam, J. while dismissing the writ petition, held that the issuance of certificate is to be construed as a general declaration which cannot be issued by the Revenue Authorities in the absence of powers conferred by the Government, as it will open flood gate for other persons to seek such certificate and the authorities will be forced to issue such certificate, in the absence of any such powers conferred either under any statute or by the Government. It is suffice if a person has not stated his caste and religion in the School Certificates or Transfer certificate, but such persons cannot insist the Revenue Authority to issue ‘No Caste No Religion’ Certificate. Read more

MANIPUR HIGH COURT

Special Courts can try cases of former and sitting MPs/MLAs irrespective of their status at the time of commission of offences: Manipur HC

In a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (‘CrPC’) for quashing and setting aside the order passed by the Special Court for MPs/MLAs, Manipur and quash the pending criminal case, A. Guneshwar Sharma, J. answered the question that whether the Special Court for MPs/MLAs has jurisdiction to try offences committed by former/sitting legislature when he/she was not an elected member, in affirmative. The Court held that the Special Court for MPs/MLAs, have jurisdiction to try all cases against the former and sitting legislatures irrespective of their status at the time of commission of such offences. Read more

ORISSA HIGH COURT

[S. 106 Evidence Act] For shifting burden of proof on accused to explain death, prosecution must give clear and cogent evidence: Orissa HC

In an appeal against the Trial Court’s order, whereby, the appellant/ convict was convicted for offences under Section 458 read with Section 302 of the Penal Code, 1860 (‘IPC’) and sentenced to life imprisonment, the Division Bench of G. Satapathy* and D. Dash, JJ. allowed the appeal and set aside the impugned judgment. Read more

‘Rs. 500-900 per month is paltry’; Orissa HC directs State Government to reconsider pension for disabled persons

In a Public Interest Litigation by the Orissa Association for the Blind, Bhubaneswar seeking issuance of writ of mandamus regarding the implementation of the provisions of Rights of Persons with Disabilities Act, 2016 (‘RPwD Act’), the Division Bench of B.R Sarangi, ACJ and M.S Raman, J. directed the State Government to reconsider the pension amount and pass appropriate orders. Read more

PATNA HIGH COURT

‘Aimed at ensuring that education is not commercialized’; Patna HC rejects petition challenging validity of provisions of Bihar Private Schools (Fee Regulation) Act, 2019

A writ petition was filed by petitioner, Association of Independent Schools, Bihar, being aggrieved with the fee regulatory measure attempted by the State through a legislation, Bihar Private Schools (Fee Regulation) Act, 2019 (‘the Act’) and petitioner also sought to declare some provisions of the Act ultravires. The Division Bench of K. Vinod Chandran, CJ.*, and Rajiv Roy, J., rejected the writ petition and upheld the validity of the Act subject to certain directions. Further, the Court opined that there were no guidelines prescribed insofar for determination of reasonable fees and thus the absence of such guidelines could not result in invalidation of the Act. Read more

PUNJAB AND HARYANA HIGH COURT

Flowering tops dried with seeds not ganja? Punjab and Haryana High Court explains

In a petition filed under Section 439 of Criminal Procedure Code, 1973 (‘CrPC’) seeking regular bail for offences under Sections 20, 29, 25, 27 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (‘NDPS Act’), Deepak Gupta, J. refused to grant bail to the petitioner while denying the claims of flowering tops dried with seeds not to be considered ‘ganja’ as a whole to exclude seeds for making it a non-commercial category of contraband. Read more

RAJASTHAN HIGH COURT

Medical Assessment and Rating Board lacks jurisdiction to retrospectively cancel admissions by medical colleges/institutions: Rajasthan High Court

In a case wherein, the actions and directives of the Medical Assessment and Rating Board (‘MARB’), an autonomous board set up under the overall supervision of National Medical Commission (‘NMC’), were under judicial review, Arun Monga, J.*, referred to Section 26(1)(f) and Section 26(2) of the National Medical Commission Act, 2019 (‘the NMC Act’) and opined that MARB lacked the jurisdiction to retrospective cancel admissions by medical colleges/institutions. The Court opined that the words “reducing intake or stoppage of admissions” in sub section 26(1)(f) of the NMC Act could not be interpreted to mean that the intake could be reduced retrospectively, or admissions once granted could be stopped retrospectively. Further, the Court opined that no doubt, MARB was vested with the power to disallow or stop admissions, but only prospectively. Thus, the Court quashed the impugned orders dated 18-04-2022 and 14-04-2022, passed by MARB, in respect of all four colleges, including the petitioner, to the extent of retrospectively cancelling the admissions. Further, the Court opined that pursuant to the decision dated 11-05-2022, students who had been adjusted to other colleges should continue to study in the same colleges and there should be no interruption in their future continuation in the colleges allotted to them. Read more

TELANGANA HIGH COURT

Telangana High Court directs CBFC to reconstitute Revising Committee and decide certification of film ‘Vyuham’ on or before 09-02-2024

In the present case, two writ appeals were filed against the order passed by the Single Judge of this High Court (‘Single Judge’) which allowed the writ petition filed by Respondent 1, Telugu Desam Party (‘TDP’) to quash certificate issued by the Central Board of Film Certification (‘CBFC’) for the feature film ‘Vyuham’ (‘the Film’). The Division Bench of Alok Aradhe CJ.*, and Anil Kumar Jukanti, J. modified the impugned order and directed that the Revising Committee of CBFC should be reconstituted, and it should duly communicate its decision for certification of the Film on or before 09-02-2024. Read more

‘Limitation period for arbitration to be decided by Arbitral Tribunal while passing order u/s 20 of A&C Act’; Telangana HC appoints nominee arbitrator u/s 11(6)

An application was filed under Section 11(6)(a) of the Arbitration and Conciliation Act, 1996 (‘the Act’) by applicant, East Hyderabad Expressway Limited seeking to intervene into the matter and appoint a nominee Arbitrator of respondents to resolve the dispute. C. V. Bhaskar Reddy, J. appointed a nominee Arbitrator for respondents and held that whether applicant’s claim was barred by lapse of time was a matter which was to be decided by Arbitral Tribunal at the time of making an order under Section 20 of the Act. Read more

‘Scope of interference in arbitration award passed u/s 34, 37 of A&C Act is limited unless error appears on face of record’; Telangana HC dismisses appeal

An appeal was filed against the order passed by the II Additional District Judge, Rangareddy, (‘the ADJ’) wherein, the application to set aside the award passed by the Sole Arbitrator, Respondent 1, was dismissed. M. G. Priyadarsini, J.*, dismissed the appeal and opined that the scope of interfering with the arbitration award was very limited until and unless there was an error apparent on the face of the record and there was perversity in the award. Read more

‘Correction of date of birth cannot be claimed as a matter of right’; Telangana High Court dismisses petition for alteration in date of birth in service records

A writ petition was filed against a decision of the Administrative Committee of the High Court wherein petitioner’s application for alteration in date of birth from 01-07-1949 to 29-03-1953 in service records was rejected. The Division Bench of Alok Aradhe, CJ., and Anil Kumar Jukanti, J.*, dismissed the writ petition and held that permitting petitioner to correct his date of birth in service record would result in incongruous situation where there would be different dates recorded in his Higher Secondary Leaving Certificate (‘HSLC’) and service records, which was impermissible. Read more

TRIPURA HIGH COURT

Tripura HC upholds discharge order of Judicial Officer, who approached Minister of State for Social Justice and Empowerment for his transfer

A writ petition was filed by petitioner, a Grade III Judicial Officer challenging an order of his discharge on alleged ground of him approaching the Minister of State for Social Justice and Empowerment, Government of India (‘the Minister’) for his transfer recommendation and for his unavailability from his Court and chamber. The Division Bench of T. Amarnath Goud* and Biswajit Palit JJ., dismissed the writ petition and upheld the discharge order and further held that “the conduct of petitioner was unbecoming of Judicial Officer and doubtful”. Read more