High Court Roundup February 2024 | Stories on Vyas ji Tehkhana; Ram Ki Janmabhoomi film; West Bengal Dental Council’s Election; SEBI’s Exit Policy; Freedom Fighters Pension; and more

ALLAHABAD HIGH COURT

Allahabad HC rejects Masjid Committee’s plea against order permitting Hindus to pray in Vyas ji tehkhana inside Gyanvapi Mosque.

In two appeals filed by Anjuman Intezamia Masjid Committee (‘Masjid Committee’) challenging the orders dated 31-01-2024 and 17-01-2024 passed by the Varanasi Court, directing the District Magistrate to make appropriate arrangements within seven days for Hindus to conduct worshipping rituals inside one of the sealed basements called Vyas ji tehkhana , inside the mosque premises, Rohit Ranjan Agarwal, J. while upholding the impugned orders, held that there is no illegality or mistake committed by the Court below while appointing Receiver under Order XL Rule 1 CPC on 17-01-2024 and, thereafter, directing for arranging worship in Vyas Ji tehkhana on 31-01-2024 in view of the application 9-C having been allowed earlier and forming part of the earlier order. Further, it said that the worship and rituals performed in the cellar by Vyas family till 1993 was stopped by illegal action of State without any order in writing. Read more

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

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

[Brick Throwing Case] Convict didn’t come prepared and armed with any weapon at all; Allahabad HC modifies ‘murder’ conviction to ‘grievous hurt’

In a criminal appeal challenging the judgment and order dated 12-09-1989 passed by Additional Session Judge, whereby the convicts were convicted under Section 302 read with 34 of the Penal Code, 1860 (‘IPC’) and sentenced to undergo rigorous imprisonment for life, the division bench of Rajan Roy and Jyotsna Sharma*, JJ. modified the judgment and altered the conviction from Section 302 read with Section 34 IPC to Section 325 read with Section 34 IPC and sentenced the convict to a term of three years and a fine of Rs. 30,000/-, provided that out of the total amount of fine, Rs. 25,000/- shall be payable to the son of the deceased as compensation. 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

Andhra Pradesh High Court grants bail to accused who allegedly stabbed Chief Minister YS Jagan Mohan Reddy in 2018

In a criminal appeal filed by the appellant-accused under Section 21(4) of the National Investigation Agency, 2008 (‘the NIA Act’), challenging the order dated 22-09-2023, the Division Bench of U. Durga Prasad Rao* and Kiranmayee Mandava, JJ., noted that the precise accusation against the appellant was that he unlawfully and intentionally used in the airport, a device or substance or weapon and committed an act of violence which was likely to cause grievous hurt or death. The Court opined that for the purpose of considering the bail application, the violence allegedly committed by the appellant neither caused grievous hurt or death nor was likely to cause grievous hurt or death. Further, the Court opined that the appellant had rightfully stated that mere using the device, substance or weapon and committing the act of violence was not the be all and end all of the offence under Section 3-A(1)(a) of the Suppression of Unlawful Acts against Safety of Civil Aviation Act, 1982 (‘the Act’), unless such violence was likely to cause grievous hurt or death of any person, which was not the case in the present case. Thus, the Court set aside the impugned order and released the appellant on bail on his executing a personal bond for Rs. 25,000 with two sureties each for like sum to the satisfaction of Trial Court. Read more

Controller of Legal Metrology competent authority to fix jurisdiction of license; can restrict license to one city: Andhra Pradesh High Court

In a writ petition filed under Article 226 of the Constitution, Venkateswarlu Nimmagadda, J., referred to Section 23(2) of the Legal Metrology Act, 2009 (‘the Act’) and Rule 11(7) of Andhra Pradesh Legal Metrology (Enforcement) Rules, 2011 (‘2011 Rules’) and opined that it was clear that Controller of Legal Metrology, Respondent 2 was vested with powers to issue license and also to fix the jurisdiction of a license. The Court opined that in the present case, the impugned license granted in favour of the petitioner, only to the extent of Guntur District, was in accordance with the aforesaid provisions. Thus, the Court opined that the notification dated 07-05-2015 and proceedings 09-06-2016, were not violative of Article 19(1)(g) of the Constitution and did not infringe the petitioner’s fundamental to carry on his business in a particular District. 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

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

Bombay High Court grants exemption from Surrogacy Rules to couple facing Genetic Disorder challenges

A petition was filed by a married couple, encountering infertility issues due to the wife’s medical condition, VHL syndrome, opting for surrogacy as the only viable path to parenthood challenging a government notification imposing restrictive conditions, including the prohibition of donor gametes. A division bench of G S Kulkarni and Firdosh P Pooniwalla, JJ., granted exemption from the impugned notification stipulation, i.e., to pursue surrogacy without adherence to donor gamete restrictions. Read more

CALCUTTA HIGH COURT

Calcutta High Court directs State to modify MR Distributorship vacancy notification to ensure uniformity and transparency

In a writ petition challenging a vacancy declaration notice dated 17-07-2019, issued by the District Controller, Food and Supplies Department, for not giving any preference to women run Self-Help Groups, a single-judge bench comprising of Moushumi Bhattacharya,* J., held that the impugned vacancy notice must comply with the Division Bench order in Kultali Food Marketing (P) Ltd. v. Barun Ghosh, dated 25-09-2018 and be modified to ensure uniformity in notifications across the State, including financial solvency criteria and directed the State to modify the notice within four weeks and ensure transparent selection procedures. Read more

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

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.”

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‘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

Calcutta High Court quashes Section 144 CrPC order; permits State to promulgate more focused order for specific disturbance areas in Sandeskhali

In an application seeking the quashing of an order imposing restrictions under Section 144 of the Criminal Procedure Code, 1973 (CrPC) in the Sandeskhali Police Station area, lifting the ban on internet services imposed in the Sandeskhali II CD Block, a single-judge bench comprising of Jay Sengupta,* J., quashed the impugned Section 144 CrPC order due to being unlawful and lacking proper reasoning. The Court allowed the State to seek a new order specifying the exact area of disturbance. The Court directed the police to prioritize the arrest of the alleged perpetrators and instructed them to deploy adequate personnel and surveillance technology to maintain peace. Read more

Calcutta High Court upholds the co-owners’ right to enhanced compensation in Land Acquisition case

In a consolidated writ petitions challenging the Collector, Land Acquisition’s order denying enhanced compensation to the petitioners based on a tribunal’s order, a single-judge bench comprising of Suvra Ghosh,* J., upheld the principle of parity among co-owners in land acquisition cases and directed the Land Acquisition Collector, Howrah, to comply with the tribunal’s order within two months. Read more

Calcutta High Court condones 1452 days delay in filing appeal against acquittal; criticises CBI’s approach

In an appeal against order of acquittal, accompanied with an application for the condonation of a delay of 1452 days, almost four years, a single-judge bench comprising of Bibhas Ranjan De,* J., despite criticising the Central Bureau of Investigation (CBI)’s conduct and acknowledging CBI’s duty to file within the limitation period, condoned the delay in filing the special leave petition, citing the need to advance the cause of justice and considering the explanations provided in the application. The Court also directed the CBI to ensure more vigilance in future proceedings. Read more

Calcutta High Court rejects appeal on compliance of Section 64VB of Insurance Act; directs dispersal of insurance claim

In an appeal against the order of single judge of this Court allowing the insurance claim, a division bench comprising of Surya Prakash Kesarwani* and Rajarshi Bharadwaj, JJ., held that adherence to the terms of the insurance policy is crucial, but the appellant could not reject the claim on the ground of non-compliance with Section 64-VB of the Insurance Act, 1938 after accepting the premium in instalments. The Court dismissed the appeal and upheld the impugned order which allowed the insurance claim. Read more

Unresolved factual ‘Factual disputes should be resolved during trial’; Calcutta High Court dismisses interlocutory application and Review motion

In an application seeking directions for repurchasing unsold stock of “Power Team” products and adjustment of the amount payable under the decree, a single-judge bench comprising of Krishna Rao,* J., the defendant’s application and the Review application, stating that the issues raised should be resolved during the trial of the suit and it is inappropriate to grant relief seeking in the application at the interlocutory stage of the ongoing suit. Read more

BSF jawan found guilty of culpable homicide not amounting to murder for sudden indiscriminate firing which led to a civilian’s death; Calcutta HC commutes sentence

While considering the instant matter wherein the petitioner challenged his conviction and sentence passed by the GSF Court for an offence committed under Section 46 of the Border Security Force Act, 1968 i.e., for murder and attempt to murder punishable under Sections 302 and 307 of Penal Code, 1860 and sentenced him to life imprisonment along with dismissal from service; the Bench of Ajay Kumar Gupta, J.*, based on detailed analysis of evidence provided by the prosecution (respondent herein), gave the petitioner benefit of Exception 4 to Section 300 and held that the offence in question was not murder but it was an offence of culpable homicide not amounting to murder as specified in Exception 4 to Section 300 and hence, petitioner is punishable under Section 304 Part II IPC and Section 308 Part II instead of Sections 302/307 of the Penal Code, 1860 read with Section 46 of BSF Act, 1968. Read more

Calcutta High Court directs ‘M.V. Marintrust — 01’ vessel’s owner to appoint Surveyor to assess goods’ quantity, damage and current value

In an application filed, by the owner of the vessel M.V. Marintrust — 01, seeking appointment of a Surveyor to assess the quantum of damage caused to the goods contained in the containers aboard the vessel docked at Syama Prasad Mookerjee Port, Kolkata, a single-judge bench comprising of Moushumi Bhattacharya,* J., disposed of the application with detailed directions regarding the identification, storage, and sale of salvaged goods from the vessel. The Court also addressed logistical issues, customs procedures, and the urgency of selling the vessel and directed the owner to appoint a Surveyor to assess the goods’ quantity, damage, and current value. Read more

Calcutta High Court sets aside New Town Kolkata Development Authority’s order to file fresh plan for entire ‘Rosedale Garden Complex’ Project

In a writ petition challenging the order dated 27-02-2019 passed by New Town Kolkata Development Authority (NKDA), and seeking demolition of the construction made by Rosedale Plaza within the residential complex based on allegation of exceeding the Original Plan sanctioned by NKDA, a single-judge bench comprising of Moushumi Bhattacharya,* J., found no basis for the impugned order by NKDA and quashed it, as the same was contrary to Sections 81 and 82 of the New Town Kolkata Development Authority Act, 2007 (NKDA Act) and lacked credible defense. The Court also rejected the petitioner’s prayer for demolition of the alleged unauthorized construction and direction to stop all alleged unauthorised construction, citing lack of supporting material and ongoing title disputes in another court. Read more

‘Can’t approach Writ Court to enforce Contract of personal service’; Calcutta High Court dismisses Writ Petition on Termination of Employment by Private School

In a writ petition filed under Article 226 of the Constitution of India challenging the termination of employment by the private unaided school authorities, based on allegations of sexual harassment, without due process, a single-judge bench comprising of Aniruddha Roy,* J., held that the writ petition is not maintainable as it involves an employment dispute lacking a public law element. The Court held that while the school performs public duties in imparting education, the dispute between the petitioner and the school is contractual and falls under the jurisdiction of the West Bengal Administrative (Adjudication of School Disputes) Commission Act, 2008 and directed the petitioner to seek redressal under Section 13 of the Act. Read more

‘Returning Officer has power to alter election schedule’; Calcutta High Court directs to reschedule West Bengal Dental Council’s Election

In a petition challenging the decision of the Returning Officer, who extended the election schedule for the West Bengal Dental Council, particularly altering the dispatch dates of ballot papers, a single judge bench comprising of Sabyasachi Bhattacharyya,* J., held that the actions taken by the West Bengal Dental Council and the Returning Officer were in accordance with the law, and the objections raised by the petitioner were without merit. The Court directed the Returning Officer to issue a proper Notification to reschedule the timelines of the election process for the West Bengal Dental Council especially considering the expenditure already incurred and the overdue elections, keeping in view the smooth and efficient conduct of the election. Read more

CHATTISGARH HIGH COURT

Chhattisgarh HC directs to conduct DNA profiling test of a doctor accused of rape u/s Section 376(2)(n) of IPC

Petitioner filed the present petition under Section 482 read with Section 53-A of Criminal Procedure Code, 1973 (‘CrPC’) for conducting a Deoxyribonucleic Acid (‘DNA’) Profiling Test of Respondent 3 and the petitioner’s first child in FIR registered for offence punishable under Sections 376(2)(n), 506 and 323 of the Penal Code, 1860 (‘IPC’). Narendra Kumar Vyas, J., opined that form the very beginning, the petitioner had taken a stand that she was subjected to sexual harassment by Respondent 3 and because of the physical relationship with Respondent 3, the petitioner’s first girl child was born. The Court opined that no other mode was available to unearth the truth except to issue direction for conducting DNA test, and thus, considering the facts and circumstances of the present case, the Court directed that the prosecution would take necessary steps for conducting a DNA test of the petitioner, her daughter and Respondent 3. Read more

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

‘Compliance with Ss. 15-A(3), 15-A(5) of SC & ST Act mandatory’; Delhi HC sets aside bail order granted without hearing the victim

An appeal was filed under Section 14-A(2) of the Scheduled Castes and the Scheduled Tribes Act (Prevention of Attrocities), 1989 (‘the SC & ST Act’), by the victim, challenging an order dated 01-04-2023 (‘the impugned order’) in which the Additional Sessions Judge-02 (South-District), Saket Courts, New Delhi (‘the Trial Court’) ordered the granting of bail to Respondent 2, in FIR registered under Section 376, 354-B, and 506 of the Penal Code, 1860 (‘IPC’), and Sections 3(1)(w)(i) and 3(2)(v) of the SC & ST Act. Navin Chawla, J.*, opined that as the impugned order granting bail to Respondent 2 was passed by the Trial Court without ensuring service of notice of the application on the appellant and without giving an opportunity of hearing to the appellant, the impugned order dated 01-04-2023 granting bail to Respondent 2 was liable to be set aside. Read more

‘No bonafide use of mark in relation to rice’; Delhi HC directs Registrar of Trade Marks to remove Chaman Lal Sachdeva’s mark ‘AL-WALIMAH’ due to non-use

A petition was filed under Section 47 of the Trade Marks Act, 1999 (‘the Act’) seeking removal of Respondent 1’s trade mark ‘AL-WALIMAH’ registered in Class 30 (‘the impugned mark’). Anish Dayal, J.*, allowed the present petition in terms of Section 47(1) of the Act, as there was no bona fide use of the impugned mark by Respondent 1 in relation to goods in Class 30, particularly, ‘rice’. The Court directed that the impugned mark ‘AL-WALIMAH’ in Class 30 should be removed from the Register of Trade Marks, and the website of Respondent 2, Registrar of Trade Marks should be updated accordingly. Read more

DJS-2023| ‘Objections taken by any candidate attain universality’: Delhi HC grants marks to candidate who did not earlier file an objection to question

In a petition filed to assail the correctness of the answer furnished by the respondent, the Division Bench of Rajiv Shakdher* and Amit Bansal, JJ., opined that a relief given to any candidate would inure ordinarily in favour of all candidates, and the objections once taken by any candidate attain universality. The purpose of affording candidates the opportunity to file objections was salutary, as it allowed the respondent to take corrective measures in the larger interest of candidates and move away from a possible unfair result. The Court opined that the correct answer related to Question 54, as framed by the respondent was option (1), as indicated and marked by the petitioner in her answer key. Since the present case brings to the fore, a palpable error, the Court directed the respondent to award the petitioner marks for Question 54. Read more

Delhi High Court holds NHPC entitlement as decree enforceable in law; Grants execution of arbitral award

A petition was filed by the NHPC Ltd (decree-holder) seeking execution of the Arbitral Award dated 07-10-2019 corrected on 18-12-2019 thereby seeking recovery of Rs. 13,24,03,428. Jasmeet Singh, J., held that the decree-holder’s entitlement, as awarded in the Arbitral Award, constitutes a decree enforceable in law and despite subsequent corrections to the award, recognized the decree-holder’s right to enforce the awarded amount of Rs. 13.24 crores. Read more

Delhi HC directs Government of Delhi to complete selection process in Child Welfare Committees and Juvenile Justice Boards by 15-04-2024

The present application was filed seeking to direct Respondent 1 to expeditiously fill the vacant positions of Chairpersons and Members in the Child Welfare Committees (‘CWCs’) in Delhi, within a fixed time period. The Division Bench of Suresh Kumar Kait and Manoj Jain, JJ., directed the Government of Delhi to complete all the formalities of selection process in CWCs and Juvenile Justice Boards (‘JJBs’) on or before 15-04-2024. Read more

‘CBSE has no right to stop the student from entering exam hall’; Delhi High Court comes strongly in Domicile Certificate case

A petition was filed by Kanishka, a minor student, assailing the action of Respondent 3 whereby Respondent 3 has arbitrarily and whimsically informed the petitioner that the petitioner has been debarred from appearing in further examinations after the petitioner wrote her first exam in Hindi on 21-02-2024, as well as, and informed the Petitioner that she shall not be permitted from sitting for her exam scheduled on 26-02-2024 (English Language), despite the fact that the Petitioner was permitted to sit in the first exam which was conducted on 21-02-2024. C. Hari Shankar, J., directed the petitioner to undertake the examination on 26-02-2024. Read more

[Kalkaji Mandir Jagran Accident] ‘No jagran shall be held in Mandir’; Delhi High Court lays down safety directives

Multiple applications were filed in response to an unfortunate incident that occurred during a Jagran event at Kalkaji Mandir that resulted in injuries and loss of life due to the collapse of a platform, prompting legal action to investigate the circumstances leading to the tragedy and address concerns regarding the management and safety of the Mandir premises. The case was filed to seek accountability, ensure proper governance, and implement measures to prevent similar incidents in the future, ultimately aiming to safeguard the welfare of devotees and visitors to Kalkaji Mandir. Prathiba M Singh, J., held that the exclusive control over the Kalkaji Mandir premises cannot be exercised by any individual or entity other than the appointed Administrator and without the Administrator’s permission, no program or event, including Jagrans or similar religious programs, would be permitted to take place within the Kalkaji Mandir premises. The Court further endorsed the recommendation for enhanced security measures and outlined steps for the redevelopment of the Mandir premises, including demarcation, approval of plans, engagement of contractors, and allocation of office space for the Administrator’s activities related to redevelopment. Read more

‘Equalizing the differently abled with their peers itself infracts Article 14’; Delhi High Court upholds Rights of visually disabled student for hostel accommodation at JNU

A petition was filed by the petitioner, a 100% visually disabled student, pursuing his M.A. in Sociology in the Jawaharlal Nehru University (JNU) challenging non-allotment of hostel since the time he was admitted to the M.A. course on 23-11-2022. C Hari Shankar, J., held that the petitioner, as a differently abled individual, was entitled to hostel accommodation provided by Jawaharlal Nehru University (JNU) within its campus, free of cost. The Court directed JNU to provide all necessary facilities to the petitioner, including hostel accommodation and any other entitlements afforded to differently abled students, until the completion of the petitioner’s Master’s degree course in Sociology. Read more

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

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

Delhi HC refuses concerns against Anant Ambani-Radhika Merchant wedding venue, says ‘pure apprehension that injury may be caused to animals’

In a petition filed by the petitioner under Article 226 of the Constitution read with Section 482 of the Criminal Procedure Code, 1973 (‘CrPC’), the Division Bench of Suresh Kumar Kait* and Girish Kathpalia*, JJ., and opined that the present petition was filed purely on the apprehension that some injury or ill-treatment might be caused to the animals during the events scheduled on 01-03-2024 to 03-03-2024, and such sort of petition could not be entertained simply on the basis of apprehension. Further, since a High-Powered Committee (‘HPC’) had already been constituted after the directions passed in Sudipa Nath v. Union of India 2022 SCC OnLine Tri 691, therefore the said Committee was at liberty to be present and oversee the aforesaid event and to take all cautions permissible under law, if any, to ensure that no inhumane behaviour was caused to the animals. Read more

Delhi High Court directs IBBI to frame code of conduct for effective working of Committee of Creditors

Purushaindra Kumar Kaurav, J.*, opined that the Committee of Creditors (‘CoC’) was entrusted with fiduciary duties and the functions entrusted to CoC were wide in nature, and to effectively deliver the duties entrusted upon it, a code of conduct was of pertinent value. The Court opined that one of the foremost functions of law was to circumscribe power with the responsibility, and the CoC, being entrusted with the fiduciary duty to bring back the Corporate Debtor from the vicious cycle of debt trap, must be saddled with the responsibility of ensuring that the decisions took by it in the exercise of its commercial wisdom should be in tune with the bonafide objectives of the Code. Read more

‘Right to health, heritage and culture must be harmonised and balanced’; Delhi High Court in a petition seeking to desist from demolishing religious structures

In a public interest petition filed for seeking issuance of directions to Respondents 1 and 2 to desist from demolishing/removing the Ashiq Allah Dargah, including the chillagah of Baba Farid and other surrounding historical monuments in Mehrauli or Sanjay Van, the Division Bench of Manmohan, ACJ and Manmeet Pritam Singh Arora, J., took judicial notice of the fact that Delhi was one of the cities, that was worst affected by the pollution. No month had passed when the Air Quality Index did not cross the hazardous mark, and according to the doctors, even lungs of young children were being adversely affected. Thus, the Court opined that right to health, right to breathe and right to heritage and culture had to be harmonised and balanced. Read more

Deliberate practice of trade mark squatting’; Delhi High Court grants permanent injunction to Volans Uptown LLC for its mark ‘Botanic Hearth’

In a case wherein, a quia timet suit filed by plaintiff, Volans Uptown LLC, seeking various remedies including a permanent injunction restraining defendant from passing off goods under plaintiff’s trade mark ‘Botanic Hearth’ (‘the Mark’) and any other derivatives of this mark, Sanjiv Narula, J.*, granted permanent injunction in favour of plaintiff and opined that identical trade mark was likely to mislead the consumers. Read more

Product-by-process claims must be examined on the anvil of a new and unobvious product: Delhi High Court

The appeals were preferred against the decision dated 24-07-2023 passed by a Single Judge disposing of the interim injunction applications and refusing interim relief in terms as prayed for by appellant. The appeals raised an issue of product-by-process claims and their scope as liable to be construed under the provisions of the Patent Act, 1970 (‘the Act’). The Division Bench of Yashwant Varma* and Dharmesh Sharma, JJ., opined that the Single Judge’s decision failed to correctly appreciate the well settled principle of product-by-process terms being an established and recognised mode of drafting claims and such a method being adopted in cases where products resist definition except by resort to process terms. The Court thus held that the legal position as enunciated by the Single Judge suffered from patent and manifest illegalities and thus clearly warranted interference in appeal. Read more

Fundamental right to travel abroad cannot be curtailed only because of default in loan payment: Delhi High Court

In a case wherein petitioner had challenged a Look Out Circular (‘LOC’) issued by Respondent 1, Bureau of Immigration at the instance of Respondent 2, Bank of Baroda, Subramonium Prasad, J.*, quashed LOC and held that issuance of LOC could not be resorted in every case of bank loan default or credit facilities availed for business and fundamental right of citizens to travel abroad could not be curtailed only because of failure to pay bank loans. Read more

Charge sheet not invalidated/vitiated, if documents relied on by prosecution not filed along with it: Delhi High Court

An application under Section 439 read with Section 482 of the Criminal Procedure Code, 1973 (‘CrPC’) was filed on behalf of petitioner for bail in FIR under Sections 454, 380, 420, 468, 471, and 120-B of the Penal Code, 1860. Anoop Kumar Mendiratta, J.*, dismissed the application and opined that the charge sheet was filed against petitioner within the prescribed limit and cognizance was taken by the concerned Court, thus petitioner could not claim the statutory right of default bail under Section 167(2) of CrPC merely because some investigation under Section 173(8) of CrPC might be required. Read more

Weight of carriers like towels, bedsheets cannot be included to determine small/commercial quantity of contraband: Delhi HC

An application was filed under Section 439 of the Criminal Procedure Code, 1973 seeking regular bail in case registered by the Narcotics Control Bureau, Delhi Zonal Unit (‘NCB’) under Sections 8(c), 21(c), 23(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (‘NDPS Act’). Vikas Mahajan, J.*, opined that the only incriminating material was the disclosure statement of co-accused Hikamtuallah Hakimi under Section 67 of the NDPS Act, who disclosed that petitioner was to receive the contraband from him. Thus, the Court granted regular bail to petitioner and held that there was no material prima facie to indicate that petitioner had entered into a conspiracy with Hikamtullah Hakimi. Read more

Benefits under MSME Act do not apply retrospectively if registration is obtained after commencement of contract: Delhi HC reiterates

In a case wherein a writ petition filed by petitioner, Mahanagar Telephone Nigam Limited (‘MTNL’), had challenged a decision passed by Respondent 2, Micro and Small Enterprises Facilitation Council (‘MSME Council’), accepting the reference of dispute raised by Respondent 3, claimant against petitioner before Respondent 1, the Delhi International Arbitration Centre (‘DIAC’), under Section 18 of Micro, Small and Medium Enterprises Development Act, 2006 (‘MSME Act’) and further referred the dispute in the said case to DIAC; Subramonium Prasad, J.*, disposed of the writ petition and held that the Court would not enter into the issue at this juncture leaving it open to petitioner to raise the dispute between the parties before Arbitrator by filing appropriate applications under the Arbitration and Conciliation Act, 1996. Read more

Municipal authorities cannot be expected to wipe out all stray animals from roads; duty is to take sincere steps to ensure animals are rehabilitated: Delhi HC

The present contempt petition alleged contumacious and wilful disobedience, by the respondents, of the directions contained in order dated 25-09-2019, passed in a Public Interest Litigation for ensuring that the malady of stray cattle, monkeys, dogs and other such animals on the road and municipal areas in the city were properly dealt with. C. Hari Shankar, J., opined that the order dated 25-09-2019 had to be meaningfully understood, and it could not be expected that the municipal authorities could completely wipe out, from the roads and municipal areas of Delhi, all stray animals, whether cattle, monkeys, dogs or other animals. The duty of the municipal authorities was to take concerted, sincere and optimum steps to ensure that such animals were rehabilitated and did not possess a menace to residents of Delhi or to the traffic plying on the roads. The Court opined that there was a distinction between contempt and enforcement, and considering the status reports filed by the respondents, it could not be said that there was contumacious or wilful disobedience on their part in complying with the directions in its order dated 25-09-2019.Read more

Delhi High Court directs State prompt ex-gratia payment to COVID-19 victim’s family under Mukhyamantri Covid-19 Pariwar Aarthik Sahayata Yojana

A petition was filed seeking directions to the Respondents to release the compensation for which the Petitioner is entitled to under the Mukhyamantri Covid-19 Pariwar Aarthik Sahayata Yojana (MCPASY). Subramonium Prasad, J., directs respondent 3 i.e., the SDM to promptly release the ex-gratia payment under the MCPASY Scheme to the petitioner within two weeks from the date of order. 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

‘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

‘No clarity on nature of action taken for removal of unauthorized religious structures’; Gujarat HC directs State to file fresh affidavit

In a suo motu cognizance of the demolition drive by the Vadodara Municipal Corporation for removal of purported religious structures encroaching upon public space, the Division Bench of Sunita Agarwal, CJ and Aniruddha P. Mayee, J. directed the State to file an affidavit on the unauthorized religious structures. 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

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

Award by Facilitation Council without recording failure of conciliation or reference to arbitration void; Jharkhand High Court remits matter

In an appeal challenging judgment dated 3-03-2016 dismissing writ petition holding that a challenge to award passed by Jharkhand MSE Facilitation Council (memo no. 3342 of 12-12-2013) not to be entertained in proceedings under Article 226 of Constitution of India, while liberty was given to the petitioner (‘buyer’) to avail statutory remedy, the Division Bench of Shree Chandrashekhar, ACJ and Anubha Rawat Choudhary, J. followed Supreme Court’s decisions to remit the matter back to the Facilitation Council quashing the previous award since the same was not passed in accordance with the provisions of Arbitration and Conciliation Act, 1996 (‘1996 Act’) and Micro, Small and Medium Enterprises Development Act, 2006 (‘MSME 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

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

Read why Madras HC refused to quash hate speech case against BJP State President K. Annamalai

In a petition filed by K Annamalai the State President of the Bharatiya Janata Party (‘BJP’) in Tamil Nadu, praying to quash the criminal proceedings initiated against him for his remarks against a Christian Missionary NGO, N. Anand Venkatesh, J. while holding that there exists a prima facie intent to create hatred towards a particular religion, refused to quash the criminal proceedings. Further, it said that the statements were made by a person of stature, whose words have a lot of impact on the masses and as a result, they, prima facie, have a psychological impact on the targeted group. Therefore, the non-physical impact of the statements made will also come within the scope of Section 153-A of the IPC. Read more

Date of e-filing final report, not the date on which hard copy is brought before Court, to be taken as date of filing: Madras HC

In a criminal original petition filed under Section 482 of the Criminal Procedure Code (‘CrPC’) to set aside the impugned docket order of the Trial Court, wherein the statutory bail petition filed by the petitioner was returned on the ground that the charge sheet has already been filed by the respondent, N. Anand Venkatesh,J. while refusing to interfere with the impugned order , said the date on which the hard copy is brought before the Court cannot be taken to be the date of filing and in every case, the date of filing can only be the date on which the e-filing is done and that should be incorporated as the date of filing in the official website. This practice has to be consistently followed by all the Courts in order to avoid any future confusion. Read more

Madras HC sets aside ED’s attachment order for not being in accordance with law, making consequential actions unsustainable

In two writ petitions filed calling for the records pertaining to the Provisional Attachment Order passed by the Deputy Director, Directorate of Enforcement (‘ED’) and the confirmation order passed by the Adjudicating Authority and quash the same and consequently direct the Special Director and Joint Director of Directorate of Enforcement to remove the attachment on the property, the division bench of M.S. Ramesh and Sunder Mohan*, JJ. while quashing the provisional attachment order passed by ED, and the confirmation order passed by the adjudicating authority, said that the provisional attachment is not in accordance with the law, thus all consequential actions cannot be sustained. Further, it directed the Sub Registrar to remove the encumbrance and issue a fresh encumbrance certificate. Read more

[Mogappair Eri Scheme] Madras HC sets aside discharge of Tamil Nadu Rural Development Minister I.Periyasamy in corruption case

In a suo motu revision, filed by the Directorate of Vigilance and Anti-Corruption (‘DVAC’) under Sections 397 and 401 of the Code of Criminal Procedure, 1973, (‘CrPC’) directed against an order passed by the Additional Special Court discharging I.Periyasamy, Minister of Rural Development of Tamil Nadu from the case, N. Anand Venkatesh, J. while setting aside the impugned order, directed the Special Court for Corruption Cases to re-transmit the case records to the Additional Special Court for Trial of criminal cases related to elected members of Parliament and Members of Legislative Assembly of Tamil Nadu within one month from the date of this order. 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

Manipur High Court deletes its 2023 direction for considering inclusion of Meitei Community in Scheduled Tribe list

In a review petition, seeking review of the Court’s direction in Mutum Churamani Meetei v. State of Manipur, 2023 SCC OnLine Mani 156, as to consider the inclusion of the Meitei/ Meetei Community in the Scheduled Tribe list, expeditiously, Golmei Gaiphulshillu, J. ordered for deletion of the said direction. 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

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

[Trafficking for Sexual Exploitation] S. 370-A IPC offence made out only when sex worker’s customer has procured her for another person: Orissa HC

In a criminal miscellaneous application under Section 482 of the Code of Criminal Procedure, 1973 (‘CrPC’) for quashing the cognizance of the offences under Sections 370(3) and 370-A(2) of the Penal Code, 1860 (‘IPC’), by the Trial Court, S.S. Misra, JJ. allowed the appeal and quashed the cognizance order by the Trial Court. The Court held that only when the customer performs his role of procuring the women for another, the offence under Section 370-A IPC could be made out. 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

‘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 HC ask Haryana Shehri Vikas Pradhikaran to assign reasons for cancelling auction of Gurugram plot

In a writ petition under Articles 226 and 227 of the Constitution of India in the nature of certiorari or mandamus seeking to cancel cancellation mail dated 6-11-2023 regarding auction of a plot in Gurugram wherein, the petitioner was declared as the highest bidder, or for directions to issue letter of intent for allotment of subject, to direct a stay, etc., Arun Palli and Vikram Aggarwal, JJ. disposed of the petition requiring competent authority to assign reasons in support of such cancellation. Read more

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

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

Former Military Nurse an ex-serviceman under Punjab Recruitment of Ex-Servicemen Rules: Punjab and Haryana HC

In an intra-court appeal under Clause X of Letters Patent Appeal challenging judgment dismissing civil writ petition, the Division Bench of Ritu Bahri, ACJ and Aman Chaudhary*, J. considered held that the appellant being a Commissioned Officer of the Military Nursing Service was an ex-serviceman as per the Punjab Recruitment of Ex-Servicemen Rules, 1982.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

‘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

Rajasthan HC directed Chief Secretary to constitute committee for providing ‘Jyoti Yojna’ benefits to every woman who underwent sterilization after giving birth to one/two girl child

In a writ petition filed by the petitioner seeking direction against the respondents for refund of the fees and expenses incurred by her in her education in pursuance of the Government Scheme ‘Jyoti Yojna’ (‘the Scheme’), Anoop Kumar Dhand, J., opined that the respondents’ action in not providing the benefits of the Scheme to the petitioner and similarly placed persons, was quite arbitrary, unreasonable and amounted to gross abuse of the power and violation of the principle of natural justice and the same was not sustainable in the eyes of law. Thus, the Court directed the respondents to provide the benefits of the Scheme to the petitioner and refund/reimburse her educational fees and other expenses incurred in her education with interest at the rate of nine percent per annum from the date of filing of the writ petition. The Court further issued a general mandamus to the respondents and the Chief Secretary of the State of Rajasthan to constitute a committee headed by the Secretary, Department Medical and Health to provide the benefits of the Scheme to each and every individual, who had one or two girl child and underwent sterilization, in pursuance of the Scheme. Read more

Widowed daughter-in-law is included in definition of dependant; can seek compassionate appointment under Rajasthan Compassionate Appointment Rules, 1996: Raj HC

In a case wherein by special appeal, the appellant had challenged the order dated 28-09-2022, the Division Bench of Dr. Pushpendra Singh Bhati* and Rajendra Prakash Soni, JJ., opined that in the society, a daughter-in-law, who might be a widow, was always treated as an integral member of the family and possessed all honour and responsibilities of the household. Thus, the Court noted that it failed to understand as to how the widowed daughter-in-law could be discriminated against other first layer components of the family, so far as the definition of the ‘dependent’ was contained in Rule 2(c) of the Rajasthan Compassionate Appointment of Dependents of Deceased Government Servants Rules, 1996 (‘1996 Rules’). Thus, the Court opined that the term ‘dependent’ included ‘widowed daughter-in-law’ in the term ‘widowed daughter’ and set aside the impugned order dated 28-09-2022. The Court further directed the respondents to grant compassionate appointment to the appellant within a period of three months from date of receipt of a certified copy of the present judgment. Read more

State first-responder to grievance put forth by citizens; ought to pass appropriate speaking orders addressing aggrieved employee’s concerns: Raj HC

In a petition filed under Article 226 of the Constitution, Sameer Jain, J., opined that the State had the inherent task of being the ‘first-responders’ to the statements of grievance put forth by its citizens, albeit in the capacity of State employees or otherwise. The Court opined that the State was obviously not under the responsibility to address the representations positively in the aggrieved-employees’ favour. Rather, the only requirement it ought to fulfil was providing an ear to their grievance, and thereafter pass appropriate speaking orders in compliance of the principles of natural justice, which might or might not address the aggrieved employee’s concerns to their liking. Thus, the Court directed Chief Secretary for the State to issue instructions to the State instrumentalities for considering the representations of aggrieved parties and dispose the same by way of speaking orders, so that frivolous litigation was cut-down before the courts, which were already exceedingly over-burdened. The Court also directed the respondent-State to pay due and timely heed to the representation preferred by the petitioner on 23-08-2023 and thereafter, pass a speaking order, in compliance with the principles of natural justice within a period of thirty days. 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

Whether power u/s 8 of PMLA conferred on Adjudicating Authority can be exercised only by member having experience in law: Telangana HC clarifies.

Appellant had challenged an order dated 13-03-2023 wherein a Single Judge Bench of this Court (‘the Single Judge’) had quashed provisional order of attachment and show cause notice issued by the Adjudicating Authority formed under provisions of Prevention of Money Laundering Act, 2002 (‘PMLA’). The Division Bench of Alok Aradhe, CJ.*, and Anil Kumar Jukanti, J., set aside the order passed by the Single Judge and held that under Section 8 of PMLA power could be exercised by the Adjudicating Authority comprising only from member in field of law could not be accepted as it would leave Sections 6(5) and 6(7) of PMLA ineffective. Read more

‘Mere recovery of amount cannot prove alleged demand of bribe’; Telangana HC sets aside conviction against Sub-Inspector of Police

In a case wherein appellant, Sub-Inspector of Police challenged the judgement of the Trial Court where he was convicted for demanding bribe of Rs 5,000, K. Surender, J.*, set aside his conviction and opined that recovery of money could not be made any basis to assume that demand was made by appellant. 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

‘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

Calculation must be made as per limits prescribed by Central Govt from time to time in case Payment of Gratuity is applicable on any establishment: Tripura HC

S.D. Purkayastha, J.*, opined that when in any establishment the provisions of the Payment of Gratuity Act, 1972 (‘the Act’) were applicable, automatically, the calculation should be made as per the limits prescribed by the Central Government from time to time. The Court thus directed respondents to make payment of gratuity to petitioner in accordance with provisions of the Act treating the maximum ceiling limit of the gratuity to be Rs 20 lakh as notified by the Central Government vide notification dated 29-03-2018. Read more