HIGH COURT FEBRUARY 2024 WEEKLY ROUNDUP| Stories on Ram Ki Janmabhoomi; Formula 4 Race; Class XII Exam; Freedom Fighters Pension and more

ALLAHABAD HIGH COURT

Allahabad HC grants relief to Syed Wasim Rizvi for writing derogatory remarks against ‘adorable personalities’ of Sunni Sect in Ram Ki Janmabhoomi film

In an application filed by Syed Wasim Rizvi under Section 482 of the Code of Criminal Procedure Code, 1973 (‘CrPC’) to quash the entire proceeding under Section 153-A and 504 of the Penal Code, 1860 (‘IPC’) and to quash the summoning order passed by the Additional Chief Judicial Magistrate-V, as well as charge sheet, Rahul Chaturvedi, J. said that it seems that no case against the applicant is made out. However, it directed the applicant to appear before the court concerned armed with an application under section 88 of the CrPC. Further, it directed the Court concerned to release the applicant with or without surety and after taking personal bond. Read more

Allahabad HC refuses to quash criminal case against AIMIM leader for allegedly trying to enter in a Mosque located inside the Police Lines premises to offer namaz

In an application filed by the leader of an Islamic Organization, namely All India Majlis-E-Ittehadul Muslimeen (‘AIMIM’), under Section 482 of the Code of Criminal Procedure, 1973 (‘CrPC’) for quashing the summoning order dated passed by Chief Judicial Magistrate and charge sheet for offences under Sections 332, 353, 504, 447, 153-B of the Penal Code, 1860 (‘IPC’) and Section 7 of Criminal Law Amendment Act, 1932, (‘Act, 1932’), Rajeev Singh,J. refused to quash a criminal case against a leader of the AIMIM for allegedly trying to enter in a Mosque located inside the Police Lines premises in Pratapgarh to offer namaz. Read more

Personal law to be applied consistently with Guardians and Wards Act; Allahabad HC dismisses habeas corpus petition in custody case

In a habeas corpus petition filed on behalf of the petitioner, a minor of age about seven years, Dr. Yogendra Kumar Srivastava, J. while dismissing the petition, reiterated that for the exigence of a writ, it is to be proved that the detention of the minor child is illegal and without any authority of law, and that the welfare of the child requires that the present custody should be changed. Further, it held that the provisions of the personal law are to be applied consistently with the provisions of the Guardians and Wards Act, 1890 (‘GWA’). Read more

ANDHRA PRADESH HIGH COURT

Andhra Pradesh High Court directs Chittor District Collector to ensure no illegal sand mining is permitted at bed of River Neena

The Division Bench of Dhiraj Singh Thakur CJ. and R. Raghunandan Rao, J., directed Respondent 7, the District Collector, Chittoor District, to ensure that no illegal sand mining was permitted in the absence of any permission/license granted to Respondent 11 and 12, and a status report was also to be filed with regard to the action taken. Read more

Maintenance order passed without filing statements of assets and liabilities by wife not illegal, if income not specifically denied by husband: Andhra Pradesh HC

In a revision petition filed under Article 227 of the Constitution, challenging the order dated 17-10-2023, B.S. Bhanumathi, J., opined that since the husband had not raised any objection before the Trial Court that interim order could not be granted, because the wife had not filed any statement of assets and liabilities, thus, the Trial Court had no opportunity to decide on that aspect. Thus, the husband could not contend that the impugned order was illegal on that ground. Further, the Court opined that the husband in his counter-statements did not specifically deny his earnings and merely stated that the wife did not file any proof in support of the income stated in the petition. Therefore, the Trial Court had rightly taken the earning capacity of the husband into consideration while fixing the quantum of maintenance. Read more

BOMBAY HIGH COURT

Can Copyright Societies grant license under Section 30 of Copyright Act? Bombay High Court explains

In a bunch of suits by Novex Communications Pvt. Ltd. (‘Novex’) and Phonographic Performance Ltd. (‘PPL’) seeking perpetual injunction restraining the defendant from publicly performing or communicating the sound recordings of songs assigned and authorized to PPL and Novex in the absence of any licenses, R.I. Chagla, J. held that Copyright Societies being ‘owners’ could grant any interest in the copyright by license under Section 30 of the Copyright Act, 1957 (‘1957 Act’). Read more

Bombay HC upholds eligibility for the post of police sub-inspector from sports category as certificate verified during selection

In a petition under Article 226 of Constitution of India challenging order passed by the Maharashtra Administrative Tribunal on 18-04-2022 dismissing application holding that the ‘Sports Verification Certificate’ was not filed with the application, due to which the petitioner could not be considered for the post of Police Sub-Inspector, the Division Bench of A.S. Chandurkar and Jitendra Jain*, JJ. rejected the Tribunal’s view and upheld the compliance with the application process for the post of Police Sub-Inspector, since the Sports Certificate was already submitted and verified. Read more

CALCUTTA HIGH COURT

Calcutta High Court directs addressal of petitioner’s grievance regarding Teacher-in-Charge’s misconduct and fund misappropriation

In a writ of mandamus seeking Court’s direction to respondents to consider the petitioner’s representations to allow him to sign the attendance register, regularize his attendance, disburse his salary and take action against the Teacher-in-Charge for misconduct and the misappropriation of funds, a single-judge bench comprising of MV Muralidaran,* J., held that the failure of the respondent authorities to address the petitioner’s grievances constituted a violation of natural justice principles and disposed of the writ petition with the direction for the respondents to consider the petitioner’s representations and take appropriate action within a specified timeframe. Read more

Special laws override general laws| Consumer Forums must adhere to Arbitration mandate under Multi-State Co-operative Societies Act: Calcutta High Court

In a revision petition challenging the Consumer Disputes Redressal Forums’ jurisdiction to entertain the dispute between the petitioner society and the respondent, a single-judge bench comprising of Prasenjit Biswas,* J., while establishing that special laws override general laws and consumer forums cannot usurp jurisdiction conferred upon special forums, held that the dispute between the parties should have been referred to arbitration as per the Multi-State Co-operative Societies Act, 2002, since, the Consumer Protection Act had no application. Read more

Calcutta High Court upholds public use presumption for pot dumping land; dismisses Permanent Injunction claim

In an appeal against the judgment and decree passed by the Additional District Judge setting aside against the grant of permanent injunction in favor of the appellant, a single-judge bench comprising of Ajoy Kumar Mukherjee,* J., upheld the presumption of public use of the land for pot dumping and rejected the appellant’s claims due to appellant’s failure to establish lawful possession or breach of contract by the respondents. Read more

Calcutta High Court dismisses District Child Protection Officer’s revision application on failure to establish proceedings as frivolous or vexatious

In a criminal revision application seeking the quashing of the criminal proceeding and the order of Chief Judicial Magistrate taking cognizance of the case for alleged non-compliance Juvenile Justice Board’s order, a single-judge bench comprising of Ajay Kumar Gupta,* J., while dismissing the criminal revision application, held that there exists prima facie evidence against the petitioner and the petitioner failed to establish that the proceedings were frivolous or an abuse of process of law. Read more

Calcutta High Court finds no illegality or material irregularity in DRAT’s order; reiterates High Court’s jurisdictional limits under Article 227

In a petition filed under Article 227 of the Constitution of India challenging the judgment and order passed by the Debts Recovery Appellate Tribunal, a single-judge bench comprising of Prasenjit Biswas,* J., has reiterated the principle that High Court intervention under Article 227 is warranted only in cases of grave dereliction of duty or flagrant violation of fundamental principles of law or justice, which were not established in the present case. The Court found no illegality or material irregularity in the DRAT’s judgment and affirmed the same. Read more

Calcutta High Court upholds validity of SEBI’s Exit Policy and SECC Regulations; directs Calcutta Stock Exchange to comply with SECC Regulations

In an appeals file by Calcutta Stock Exchange Limited against two writ petitions challenging a letter issued by the Securities and Exchange Board of India (SEBI), and further actions taken by SEBI under the Exit circular, a division bench comprising of Tapabrata Chakraborty* and Raja Basu Chowdhury, JJ., held that SEBI’s Exit Policy and Securities Contracts (Regulation) (Stock Exchanges and Clearing Corporations) Regulations, 2012 (SECC Regulations) are valid and in consonance with statutory provisions. The Court directed the Calcutta Stock Exchange Limited to establish a clearing corporation or tie up with an existing one within six months to comply with SECC Regulations, failing which SEBI could take further steps in accordance with the law. Read more

Whether RCCIIT amenable to writ jurisdiction? Calcutta High Court refers ‘issue of maintainability’ to Larger Bench

In a writ petition challenging the termination of their service as principal on probation by the Chairman of the Board of Governors of RCCIIT Institute of Information Technology (RCCIIT), a single-judge bench comprising of Subhendu Samanta,* J., held that the writ petition is not maintainable. Following the principles of judicial discipline and uniformity, the Court decided to refer the issue of maintainability to the Chief Justice for consideration by a Larger Bench. Read more

Calcutta High Court upholds promotion selection process; emphasises on minimum merit benchmarks beyond written test stage

In a writ petition challenging the alleged illegal and arbitrary denial of appellant’s promotion, a division bench comprising of Rai Chattopadhyay* and V.M. Velumani, JJ., held that the promotion process appeared to have been conducted properly and without any apparent flaw. The Court affirmed the judgment of the Single Judge, stating that the appellant failed to substantiate claims of illegality or arbitrariness in the promotion process. Read more

‘Nature of Employment to be judged on the basis of duties performed, not Employer’s Letter’; Calcutta High Court directs reinstatement

In an appeal against the order of single judge reinstating the respondent after termination for unsatisfactory performance, a division bench comprising of Rai Chattopadhyay* and V.M. Velumani, JJ., dismissed the appeal and upheld the reinstatement of respondent, emphasising that the termination without statutory compliance was unjustified and illegal. The Court recognised the respondent as a “workman” and ordered his immediate reinstatement with back wages and consequential benefits and observed, “The nature of employment cannot be judged on the letter issued by the employer but on the nature of duties performed by the employee.”

Read more

‘Not practised any fraud’; Calcutta High Court sets aside RPF Constable’s Discharge Order and directs Reinstatement

In an appeal preferred against a judgment passed by the single-judge bench in a writ petition challenging the order of discharge, a division bench comprising of Partha Sarathi Chatterjee and Tapabrata Chakraborty,* JJ., while emphasising on the completeness of the appellant’s disclosure and the trivial nature of the charges against him, set aside the order of discharge and directed the appellant’s reinstatement within eight weeks. Read more

DELHI HIGH COURT

Delhi HC issues notice in PIL challenging constitutional validity of provisions of Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013

Public interest litigation was filed challenging the constitutional validity of Sections 2(1)(g), 11, 13, 14, 15, 16 and 39 of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 (‘MS Act’) and provisions of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Rules, 2013(‘MS Rules’) as being violative of Articles 14, 17, 21 and 23 of the Constitution. The Division Bench of Manmohan, ACJ and Manmeet Pritam Singh Arora, J., issued notice to Union of India and Government of NCT of Delhi. Subsequently, the notice was accepted by them, and the Court had permitted to file their counter affidavits within eight weeks. Read more

Delhi High Court | Student’s failure to upload Domicile Certificate does not bar Class XII CBSE Exam Appearance

A petition was filed by the petitioner, a girl student seeking to appear in the All India Senior Secondary (Class XII) examination held by CBSE, which was scheduled to start on 22-02-2024 due to challenges regarding the submission of a domicile certificate as per CBSE instructions, which led to a dispute over her eligibility to sit for the examination. C Hari Shankar, J., permitted the petitioner to appear in her Class XII CBSE examination because default in failing to upload the domicile certificate consequent on the e-mail dated 12-01-2024, despite the fact that the petitioner had applied for the domicile certificate even before submitting her application for appearing in the examination and had in fact received the domicile certificate as far back as on 23-09-2023, cannot be a legitimate ground to disentitle her from appearing in the examination. Read more

Delhi High Court grants ex parte interim injunction against Geetanjali Salon in copyright infringement case

A suit was filed by Phonographic Performance Limited (plaintiff) seeking interim injunction against Geetanjali Salon and its various outlets (defendants) and all those acting on their behalf from exploiting, using plaintiff’s copyrighted works in repertoire available on plaintiff’s website https://www.pplindia.org/songs at any of its premises including but not limited to the list of outlets which have been made a part of the documents of the present suit, which amounts to infringement of the plaintiff’s copyright. Anish Dayal, J., granted an ex-parte ad interim injunction against defendants its directors, partners or proprietors, and any other person working for and on their behalf from exploitation/ use of plaintiff’s copyrighted works in the repertoire available on plaintiff’s website https://www.pplindia.org/songs at any of its premises including but not limited to the list of outlets which have been made a part of documents of the present suit, which amounted to infringement of plaintiff’s copyright. Read more

‘Hospital deemed an ‘Industry’ under Industrial Disputes Act’; Delhi High Court affirms Rights of a ‘Workman’ in Hospital Dispute

A petition was filed seeking to quash or set aside the impugned award and declare that respondent 1 is not entitled for any relief much less the relief granted by impugned award wherein the Labour Court directed the reinstatement of the respondent workman, along with full back wages and continuity of services. Chandra Dhari Singh, J., upheld the decision of the Labour Court in favor of the respondent workman based on evidence supporting the respondent workman’s claim of continuous service preceding the termination of employment. Read more

[NOVA v NOVYA Trademark Dispute] Delhi High Court grants permanent injunction in favour of Sterling Agro Industries

A suit was filed by Sterling Agro Industries Limited (plaintiff) seeking a permanent injunction to restrain the defendants from using the infringing mark ‘NOVYA’ and violating the plaintiff’s trademark rights. Sanjeev Narula, J., upheld the plaintiff’s claims of trademark infringement and passing off, finding the defendants’ actions to be dishonest and in violation of the plaintiff’s established rights. Read more

Omission of disease’s name in amended claims expands scope of composition, exceeding specification set in original claim: Delhi HC refuses to grant patent

In an appeal filed under Section 117-A of the Patents Act, 1970 (‘the Act’) challenging the order dated 31-08-2021, Prathiba M. Singh, J.*, referred to Section 59(1) of the Act and opined that the amended claim had to be within the amended scope of unamended claims and within the complete specification. However, in the present case, the omission of the disease’s name in amended claim expanded the scope within which the composition could be applied, and therefore the amended claim expanded the scope of the subject. The Court opined that in the present case, the field of description clearly described that this method and composition was to be used for the purpose of treating secondary insomnia and the fact that the medical condition was not written in the amended claims showed that the same went beyond the specification. Thus, the Court opined that the appeal was bereft of merit and the patent was not liable to be granted, both due to expansion of the scope of the Claims and also under non-patentability under Section 3(d) of the Act, as there was not enough data to demonstrate significant enhancement of therapeutic efficacy, and accordingly dismissed the present appeal. Read more

[Sexual Harassment by Teacher] Delhi High Court holds recovery of overpaid salary invalid and denies increments

A petition was filed by the petitioner seeking to set aside the order dated 04-03-2020 and to direct the respondent to pay the complete salary along with the arrears and increments to the petitioner in accordance with the law and to direct the respondent to refund the deducted amount vide the impugned order. Chandra Dhari Singh, J., sets aside the order and audit memo, preventing the recovery of the overpaid amount due to the absence of Vice-Chancellor approval for suspension at the time of issuance. Thus, while the petitioner was not entitled to requested increments, the petition was partly allowed regarding the non-recovery of the overpaid salary. Read more

[IGNOU PGDCC Recognition Controversy] Delhi High Court upholds Central Government’s independent exercise in Contempt Jurisdiction

A petition was filed seeking initiation of contempt proceedings against the respondent for willful disobedience of directions contained in judgment dated 17-09-2019 passed in a case whereby the Union of India (respondent) was directed to consider afresh the application of the Indira Gandhi National Open University (‘IGNOU’) for grant of recognition to the Post-Graduate Diploma in Clinical Cardiology (‘PGDCC’) qualification awarded by it under Section 11(2) of the Indian Medical Council (‘IMC’) Act. Mini Pushkarna, J., passed no additional orders as substantive compliance was achieved because the Central Government had undertaken an independent exercise in consultation with expert bodies before deciding the recognition of the PGDCC qualification. Read more

‘Life threatening nature of cardiac issues cannot be equated with other illnesses’; Delhi HC grants three months interim bail to PMLA accused having severe medical issues

In a bail application filed under Section 25 of Prevention of Money Laundering Act, 2002 (‘PMLA’) read with Section 439 of the Criminal Procedure Code, 1973 (‘CrPC’), Swarana Kanta Sharma, J.*, opined that undoubtedly, the treatment which the applicant required at this stage, could not be provided to him in the jail dispensary since the prisons were non-equipped to deal with such situations, as they lacked appropriate machines and equipment required to carry out such procedures. Further, life threatening nature of coronary artery disease or cardiac related issues could not be equated with other category of illnesses, as such medical conditions had the potential to precipitate life-threatening events at any moment, and thus, they stood unparalleled in their urgency and criticality. Therefore, the Court opined that the applicant’s health condition was of such nature that fell within the category of ‘sick’ under Section 45 of PMLA and he must be given an opportunity to get himself treated in the hospital of his choice. Thus, the Court granted interim bail to the applicant for a period of three months. Read more

Delhi High Court constitutes Committee of experts to ensure availability and accessibility of medical facilities in Delhi hospitals

The Court initiated suo moto proceedings due to certain incidents reported from time to time that reflected an acute lack of medical services in Delhi. The Division Bench of Manmohan, ACJ.*, and Manmeet Pritam Singh Arora, J., after considering the medical field to be specialized which required experience, appointed a Committee of experts (‘the Committee’) to make specific and concrete recommendations on various issues, for instance, lack of timely availability and accessibility of ICU beds for patients in need of emergent care, non-admission of patients in the hospitals and large number of unfulfilled vacancies in hospitals, which could be considered by the Court to pass appropriate order. Read more

GUJARAT HIGH COURT

‘No claim certificate’ by a party does not automatically render dispute non-arbitrable: Gujarat HC

In an application under Section 11 of the Arbitration and Conciliation Act, 1996 (‘the Act’) for appointment of Arbitrator, Sunita Agarwal, CJ., allowed the application and held that the petitioner’s claim was not stale or non-arbitrable if ‘No Claim Certificate’ was issued. Read more

Gujarat High Court directs NCLT Ahmedabad to permit use of electronic devices during hearings

In a special civil application, Vaibhavi D. Nanavati, J., gave an ad-interim relief and directed the National Company Law Tribunal (NCLT) Ahmedabad to permit the use of electronic devices such as Laptop, Tablet during the proceedings. Read more

Gujarat HC directs GPSC to conduct separate interview for mother who was asked to travel 300 km

In a special civil application by a woman who was asked by the Gujarat Public Service Commission (‘respondent’) to travel 300 kilometers for an interview after 3 days of delivery of child, sought extension in the time of interview for the post of Assistant Manager (Finance & Accounts). Nikhil S. Kariel, J., allowed the application and directed the respondent to hold an interview for the petitioner separately within a period of 15 days from the date of order. Read more

JHARKHAND HIGH COURT

Free fight without any intent to humiliate a member of SC/ST not an offence under SC/ST Act: Jharkhand HC

In a challenge against conviction under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (‘SC/ST Act’) with sentence of 2 years of rigorous punishment with fine of Rs 2000, Gautam Kumar Choudhary, J. explained that a free fight, as happened in the instant case, could not by any stretch of imagination be said to have been with intent to humiliate the informant by caste name. Read more

MADRAS HIGH COURT

Madras HC directs State to grant permission to lawyer to conduct an indefinite fasting demanding use of Tamil language in High Court

In a writ petition filed by a lawyer( petitioner) to direct the Commissioner of Police to grant permission to conduct indefinite fast at Collector office for demanding the Central Government to send the proposal made by the Tamil Nadu Government for getting the consent of the President of India regarding the use of Tamil language in the proceedings of High Court in Tamil Nadu in the light of Article 348(2) of the Constitution of India, 1950 and Section 7 of the Official Languages Act, 1963 and to desist from sending the file to the Chief Justice of India for consultation or any other arbitrary route other than the said Constitutional one, N. Anand Venkatesh,J. while directing the State to grant permission to the petitioner to conduct the indefinite fasting in the venue, remarked that the petitioner wants to express himself strongly demanding Tamil to be used as official language in the proceedings in the High Court. There is nothing illegal in this objective. However, the Court certain directions. Read more

Madras HC permits State to conduct Formula 4 Race in Chennai Racing Circuit with highest degree of public safety

In writ petitions praying to abstain the State from conducting the Formula 4 Indian Championship and Indian Racing League Night Street Race at the Chennai Formula Street Circuit, Island Grounds or at any other place within the Chennai City limit and calling for the records, by which the Tamil Nadu Government had disbursed a sum of Rs.15 crores in favour of Department of Youth Welfare and Sports Development (‘DYWSD’)for conducting the race, the division bench of R. Mahadevan* and Mohammed Shaffiq, JJ. while permitting the Formula 4 Race to be conducted in the Chennai Racing Circuit on the dates to be decided by the State Government in consultation with the stakeholders, gave the following directions:

1. The State Government was directed to ensure that the street race in the 3.7 km as stipulated, shall be carried on, with highest degree of public safety and avoiding inconvenience to the public, especially the in-patients of the Rajiv Gandhi Government General Hospital, Madras Medical College, and Omandurar Government Multi-speciality Hospital. It suggested installing necessary silencing equipment like sound silence panels/acoustic sound panel for noise control in the hospitals during the time of the racing events.

2. The Racing Promotions Private Limited (‘RPPL’) was directed to ensure that all public viewers will be provided with necessary protective gear for their safety during the Race.

3. The RPPL was directed to reimburse the expenditure made by the State Government of Rs. 42 crores from the public exchequer, to them, before the event.

4. The State Government was directed to ensure that RPPL or anyone should deposit in advance (prior to next year and the upcoming third year’s event) the stipulated expenditure of Rs.15 crores for the upcoming two years for holding the Street Circuit in Chennai. Read more

[Freedom Fighters Pension] Madras HC directs MHA to provide pension to ex-Army personnel who suffered imprisonment in Rangoon Jail in 1945

In a writ appeal filed by Ministry of Home Affairs (‘MHA’) against the order of the Single Judge, wherein the Court allowed the writ petition filed by the respondent 1 challenging the order of the MHA rejecting the claim for Freedom Fighters Pension under the Swatantrata Sainik Samman Yojana (‘SSSY’), the division bench of Sanjay V. Gangapurwala and D. Bharatha Chakravarthy*, JJ. upheld the impugned order, with the modification that the respondent 1 will be entitled for arrears of pension with effect from 19-03-2018. Read more

‘Controller must look into the substance of claim beyond choice of words of patent applicant’: Madras HC remands matter to Controller for de novo consideration

In a transfer civil miscellaneous appeal filed under Section 117-A of the Patents Act, 1970, praying to set aside the order of the Deputy Controller of Patents & Designs and to direct the Controller to grant the patent, N. Seshasayee, J. while remanding the matter to Controller of Patents for a de novo consideration of the amended claim of the appellant, said that beyond the choice of words which an applicant for patent may consider appropriate, the Controller has to look into the substance of the claim. Section 59 is not intended to be used for wrong understanding of the language employed by an applicant, since an applicant will also be a person of science and not of language. Thus, the Court could not find anything therein which may indicate that the amended claim goes beyond the original claim. Read more

ORISSA HIGH COURT

No recovery of excess payment from employee’s leave encashment benefit after retirement in case payment was made due to employer’s fault: Orissa HC

In a civil writ petition, the Division Bench of Chakradhari Sharan Singh, CJ., and S.K. Sahoo, J.* answered the issue that whether excess payment made in favour of an employee can be recovered from his leave encashment benefits after his retirement, in negative. Read more

Reasonable opportunity should be given to accused to fulfill conditions of bail: Orissa High Court

While hearing a bail application by the accused for offences under Section 20(b)(ii)(C) of Narcotic Drugs and Psychotropic Substances Act, 1985 (‘NDPS Act’), V. Narasingh*, J. allowed the bail application and directed release of the accused. The Court held that a reasonable opportunity should be given to the accused to fulfill the conditions of bail. Read more

PATNA HIGH COURT

‘Restoration of conjugal life’ cannot be imposed as a condition for anticipatory bail u/s 498-A of IPC: Patna High Court

A revision petition was filed by petitioner against the impugned order passed by Sub Divisional Judicial Magistrate, Nalanda (‘the Magistrate’) wherein, his provisional bail was rejected. Bibek Chaudhuri, J.*, while disposing of the present revision petition, directed petitioner to surrender before the trial court and held that no condition of directing the accused to restore peaceful conjugal life with the defacto complainant, could be imposed as a condition for anticipatory bail. Read more

PUNJAB AND HARYANA HIGH COURT

Punjab and Haryana High Court deprecates frivolous contest by State instrumentalities over appointment of arbitrators

In a petition filed under Section 11(6) of Arbitration and Conciliation Act, 1996 (‘Arbitration Act’) seeking appointment of an Arbitrator, Suvir Sehgal, J. deprecated the State instrumentalities’ general and strong approach to contest over appointment of arbitrators. Read more

Anticipatory bail for offence under S. 498A cannot be rejected for non-recovery of dowry articles: Punjab and Haryana HC lays principles

In a petition filed under Section 438 of Criminal Procedure Code, 1973 (‘CrPC’) seeking anticipatory bail for offences under Sections 406 and 498-A of Penal Code, 1860 (‘IPC’), Sumeet Goel, J. laid principles for Section 498A anticipatory bail in case of non-recovery of dowry articles and allowed grant of anticipatory bail for the husband. Read more

RAJASTHAN HIGH COURT

‘Heart breaking, nerve cracking incident’: Rajasthan HC grants Rs. 4 lakh compensation to a woman who gave birth to twins in middle of the road

In a petition filed under Article 226 of the Constitution, Anoop Kumar Dhand, J., opined that in the present case, the right provided under Article 21 of the Constitution had been grossly violated by the respondents as they have miserably failed to give effective implementation of these beneficial schemes which were meant to save pregnant women and infants from mortality. Accordingly, the Court directed the respondents to conclude the departmental enquiry against the delinquent persons responsible for the incident occurred on 07-04-2016 in accordance with law and pass appropriate order after affording them opportunity of hearing. The Court further directed the respondents to pay Rs. 4 lakhs as compensation to the petitioner by depositing the same in fixed deposit and quarterly interest accrued thereon be paid to her and pay Rs. 25,000 to the petitioner within a period of three months from today and submit the payment of receipt on the record of this case. Read more

[Higher Judicial Service Examination] Rajasthan HC directs Examination Cell to constitute an Expert Committee of eminent Jurists/Professors for examination of copies

In a case wherein the petitions were filed entire selection process and evaluation method adopted in the Mains (Written) Examination for Direct Recruitment to the Cadre of District Judge, 2020, the Division Bench of Pankaj Bhandari and Bhuwan Goyal, JJ., directed the Examination Cell of the High Court to constitute an Expert Committee consisting of Eminent Jurists/Professors, and the expert committee would pick up twenty copies of each paper randomly and evaluate the same. The Court stated that while evaluating the answer-sheets, the Expert Committee would be free to take into consideration the length of the paper and the time provided for answering the questions. Further, the Examination Cell should mask the numbers, which the candidates obtained and then provide it to the Expert Committee. The Court clarified that exercise made in pursuance of this order would not have any bearing on the result of four candidates, who were already recruited to the District Judge Cadre. Further, taking into consideration the controversy and allegations regarding evaluation by Officers of the District Judge Cadre, the Court advised the Examination Cell to get the copies examined by Eminent Jurists/Professors in ensuing examinations. Read more

TRIPURA HIGH COURT

‘Law has more focus on reformatory side’; Tripura HC commutes death sentence to life imprisonment of a man convicted for murdering five people

An appeal under Section 374 of Criminal Procedure Code, 1973 (‘CrPC’) and a reference under Section 366 of CrPC arose out of conviction and sentence dated 23-11-2022 passed by Sessions Judge, Khowai (‘the Trial Court’) wherein, appellant was convicted for an offence under Sections 307 and 302 of the Penal Code, 1860 (‘IPC’) and was sentenced to death. The Division Bench of T Amarnath Goud* and Biswajit Palit JJ., opined that temporary insanity could be sought to reduce penalty and accordingly, modified the judgment of the Trial Court and converted the death sentence of appellant into life imprisonment without any benefit of remission. Read more