High Court weekly Round Up


Complaint for dishonour of cheque to be filed within one month from the date on which cause of action arose: Allahabad HC upholds summoning order

In a petition filed against the order passed under Section 138 of the Negotiable Instruments Act, 1881, on the question of limitation, in terms of which the petitioner has been summoned, Dr. Yogendra Kumar Srivastava, J while upholding the summoning order and the order passed in the revision, said that the complaint having been filed on 20-02-2020, was within the prescribed period of one month as per clause (b) of Section 138 (1), from the date on which the cause of action arose on 23-01-2020, and accordingly the court below would be within its right to take cognizance of the offence, as provided under Section 142.

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‘Where corporate character is employed for defrauding others, Court should pierce the corporate veil’: Allahabad HC refers Cloud 9 Projects cheating case to ED

In a writ petition filed on the ground that the petitioner is no longer a director of the company, and the liability is that of the company and not on the ex-director of the company and the recovery certificate issued against them is illegal, the division bench of Mahesh Chandra Tripathi and Prashant Kumar*, JJ. has referred the matter to Directorate of Enforcement (‘ED’) and directed it to proceed against all the directors/persons/designated partners/officers, who is in default or companies or other entities in which the money from Cloud 9 Projects is diverted or parked. Further, it directed ED to make all the efforts to recover the said amount from persons/companies and used the said amount for the payment of Noida Authority and if any amount is left then to use it for completion of the project.

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Facilitation Council does not have jurisdiction to entertain dispute arising out of services not registered under MSMED Act: Allahabad HC

In a writ petition filed by Neeraj Potato Preservation and Food Products Pvt. Ltd. (‘the petitioner company’) against the order passed by the ‘U.P. Micro, Small and Medium Enterprises Facilitation Council (‘the Council’), wherein the Council observed that the claimant is not entitled to receive any interest from the respondent as there is no principal amount of delayed payment due on the respondents, the division bench of Mahesh Chandra Tripathi* and Prashant Kumar, JJ. while upholding the impugned order, held that cold storage service and credit facilities by pledging the produce stored in the cold storage are two different services, which are not directly linked with each other. Therefore, the grant of loan will not be covered under cold storage service. Further, it said that once the alleged financial services rendered by the petitioner were not registered at the time of disbursement of the loan under the Micro, Small and Medium Enterprises Development Act, 2006 (‘MSMED Act’) , then the Facilitation Council, which is established under the MSMED Act will not be having jurisdiction to entertain any such dispute arising out of any service not registered under the Act.

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Whether state-funded ‘public trust institution’ obligated to provide ‘information’ under RTI? Bombay High Court clarifies

The Full Bench was constituted to consider whether a Public Trust registered under the provisions of Maharashtra Public Trusts Act, 1950, which is running an institution that receives a grant from the State is duty bound to supply information sought from it under provisions of Right to Information Act, 2005. A Full Bench of Avinash G Gharote, Anil S Kilor, Urmila Joshi Phalke, JJ., concluded that if the information solicited under the RTI Act, is regarding the Public Trust, then there is no obligation to supply the information, if such Public Trust, does not fall within clause (i) of Sec2 (h) of the RTI Act and has not received any substantial Government largesse or land on concession, to implement the aims and objects of the said Public Trust.

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Correction of date of birth in service record cannot be made at the fag end of career: Bombay High Court reiterates

In a petition challenging communication dated 1-09-2023 issued by the respondent intimating the petitioner regarding completion of 60 years of age on 29-02-2024 and superannuation from the post of Professor and Head of Department held by him in Shri Ayurved Mahavidyalaya, the Division Bench of Avinash G. Gharote and M.S. Jawalkar, JJ. reiterated that correction of entry in date of birth in service records could not be made at the fag end of the career.

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ARefusal to grant extension without valid reasons constitutes colorable exercise of power: Calcutta High Court

In a writ petition challenging the order passed by Assistant Commissioner of State Tax, without affording petitioner a reasonable opportunity of being heard, a single-judge bench comprising of Raja Basu Chowdhury,* J., held that the impugned order passed by the Assistant Commissioner of State Tax without granting an extension to respond to the show cause notice issued under Section 73(1) of the CGST and WBGST Act, 2017 (the Act) and without affording a reasonable opportunity of hearing, violates the principles of natural justice and quashed the impugned order.

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YouTuber Dhruv Rathee proposes to blur Dabur’s Real Juice packet in Video; Calcutta HC agrees for exploring amicable settlement

In Dabur India Ltd.’s disparagement claims against YouTuber Dhruv Rathee, for criticizing their ‘Real’ juice Justice Arindam Mukherjee, J. directed that if the parties are willing to go for amicable settlement, they may head for the same.

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Calcutta High Court affirms rejection of Section 125 CrPC maintenance claim in absence of prima facie proof of marriage

In a writ petition filed against the order passed by the Additional Sessions Judge dismissing petitioner’s prayer for maintenance under Section 125 of the Criminal Procedure Code, 1973 (CrPC), a single-judge bench comprising of Shampa Dutt (Paul),* J., despite the petitioner’s efforts to present documentary evidence, held that the declarations in official records are not sufficient to establish the timeline of lawful marriage, leading to the dismissal of petitioner’s maintenance claim.

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Calcutta High Court affirms Canara Bank’s obligation to reimburse Municipal Taxes and Surcharges as per consent decree

In an application seeking direction upon the judgment debtor, Canara Bank, to make payment towards reimbursement of municipal taxes and surcharges as per the consent decree, a single-judge bench comprising of Apurba Sinha Ray,* J., directed the petitioner to furnish precise details of payments made to the Kolkata Municipal Corporation (KMC), emphasising the importance of such information in concluding the execution proceedings and adjourned the matter for further proceedings on 12-03-2024.

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Calcutta High Court holds Directors liable for dishonored cheque despite company’s “struck-off” status

In a revision application against the rejection of an application for Substitute Service of Summons under Section 65 of the Criminal Procedure Code, 1973 (CrPC), a single-judge bench comprising of Shampa Dutt (Paul),* J., allowed the revision, setting aside the order of the Metropolitan Magistrate and held that the denial of the application for Substitute Service of Summons under Section 65 of the Code of Criminal Procedure, 1973, was unjustified. The Court directed the trial court to proceed against the directors of the dissolved company for offenses committed while the company was operational.

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Calcutta High Court quashes Defamation proceeding against altruist monk in absence of essential elements

In a revision petition seeking to quash of criminal proceeding against the petitioner, an altruist monk, under Sections 500 and 506 of the Penal Code, 1860 (IPC), a single-judge bench comprising of Shampa Dutt (Paul),* J., held that the prosecution failed to establish the essential elements of offenses under Sections 500 and 506 of the IPC against the petitioner and quashed the criminal proceeding. The Court upheld the constitutionality of the relevant provisions.

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Calcutta High Court determines applicable interest rate based on amended Section 31(7)(b) of Arbitration and Conciliation Act

In an application filed by the petitioner to determine the applicable interest rate in the execution proceedings related to an Award, a single-judge bench comprising of Moushumi Bhattacharya,* J., held that the petitioner is entitled to interest on the awarded amount, and the rate of interest would be 2% higher than the prevalent rate on the date of the Award. The Court calculated the applicable interest rate as 15.75% and directed the respondent to pay the interest along with the principal amount by a specified date.

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Mere acquittal in a cruelty case filed by wife, cannot be a ground to grant divorce to husband: Delhi High Court

The present appeal was filed on behalf of appellant-husband against the judgment dated 21-12-1999 of the Additional District Judge (‘ADJ’), denying divorce on the ground of cruelty in a petition filed by him under Section 13(1)(i-a) of Hindu Marriage Act, 1955 (‘HMA’). The Division Bench of Suresh Kumar Kait and Neena Bansal Krishna*, JJ., opined that merely because there was an acquittal by a Criminal Court, did not wash away the cruelty committed by appellant of being involved with a young girl during the subsistence of his marriage with respondent; mere acquittal in a criminal case could not be a ground to grant divorce. The Court dismissed the appeal and held that the ADJ had rightly concluded that it was appellant who was responsible for acts of cruelty towards respondent and had thus rejected the divorce petition.

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Look-alike products undermine integrity of fair trade; Obligation upon e-commerce platforms to ensure that sellers’ complete details are available: Delhi HC

The present suit was filed by plaintiff, Abhi Traders for copyright infringement and passing off, and other reliefs including damages against defendants who were advertising, publishing, and offering for sale, the garments, which were a complete copy of plaintiff’s garments and were also misusing the photographs and images in which plaintiff owned rights. Sanjeev Narula, J., held that plaintiff had made out a case for grant of an ex-parte ad-interim injunction and it was also in the interest of the consumers that such look-alike products were not permitted to be sold. The Court thus prohibited Defendants 2 to 9, along with any other sellers who were showcasing their products on the Meesho.com platform, from reproducing, copying, publishing, or imitating any designs of plaintiff’s clothing. This injunction also extended to the prohibition against reproducing any images related to plaintiff’s products, including photographs.

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Delhi High Court dismisses defamation suit against Senior Advocate applying Doctrine of Absolute Privilege

In a defamation suit was filed aggrieved by the alleged defamatory statements made by the respondent seeking various reliefs, including a declaration of defamation, injunctions against further defamatory statements, and a mandatory apology from the respondent, a division bench of Rajiv Shakdher and Amit Bansal, JJ., held that the plaint was rightly rejected by the Single Judge since the cause of action for instituting the suit was founded on the alleged defamatory statement, because of the protection offered to the respondent by the doctrine of absolute privilege, the Court cannot entertain such cause.

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Delhi High Court rules suspension of Members of 7th Delhi Assembly as unlawful; Directs rejoining

A petition was filed by the petitioners being members of the 7th Delhi Legislative Assembly challenging the motion passed in the 5th Session of the 7th Delhi Legislative Assembly on 16-02-2024 whereby the petitioners had been suspended from the sittings of the House and the issue was referred to the Committee of Privileges of the Legislative Assembly. Subramonium Prasad, J., held that the decision of the House to send the issue before the Committee of Privileges without the Speaker independently applying his mind as postulated under Rule 70 of Chapter XI and the decision of the House to suspend the Petitioners till the Committee of Privileges takes a decision both are in violation of the procedure prescribed under the Fifth Schedule and Chapter XI. The Court further permitted the petitioners to rejoin the House, since the petitioners have already undergone the suspension of 14 sittings.

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‘Mental illness not a choice’; Delhi High Court reinstates SSB constable dismissed from service for attempting suicide

Petitioner seeks quashing of order dated 17-10-2018 passed by respondents, whereby was dismissed from service. He also seeks quashing of other impugned orders dated 4-3-2019 and 23-8-2019, whereby his punishment of “dismissal from service” had been upheld by respondents, and mercy petition against such order had been rejected, respectively. The Division Bench of Sanjeev Sachdeva* and Manoj Jain, JJ., opined that instead of showing empathy with petitioner, when he first attempted to commit suicide, the commanding officer sentenced him to 89 days rigorous imprisonment particularly when he was already undergoing psychiatric treatment. The Court thus directed that petitioner should be reinstated in service with all consequential benefits.

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Temporary separation gives sense of insecurity in spouse’s mind; Delhi HC grants divorce to husband whose wife keeps returning to parental home

The present petition was filed by the appellant-husband under Section 28 of the Hindu Marriage Act, 1955 (‘HMA’) read with Section 19 of the Family Courts Act, 1984, the Division Bench of Suresh Kumar Kait* and Neena Bansal Krishna, JJ., opined that temporary separation gave a sense of insecurity in the spouse’s mind that the other was not willing to continue the matrimonial bond. In the present case, it had been clearly demonstrated that soon after their marriage, parties had marital conflicts. The respondent-wife had no intention to live in joint family and to make herself comfortable, left her matrimonial home very frequently to live with her parents. Whereas, on the other hand the husband by arranging separate accommodation tried his best to keep her happy, but by choosing to stay with her parents, the wife had ignored her matrimonial obligations and deprived the husband of his fatherhood by keeping him away from his son. Thus, the Court opined that the husband was subjected to cruelty by the wife and accordingly set aside the impugned judgment dated 25-11-2019 and granted divorce to the husband under Section 13(1)(ia) of the HMA.

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[GOLD STEP v. GOLD FLAKE] Delhi High Court grants ad-interim injunction to ITC Ltd for its mark ‘GOLD FLAKE’ in relation to cigarettes

Plaintiff, ITC Ltd., proprietor of trade mark “GOLD FLAKE” and their corresponding trade dresses/devices/logos, filed the present suit seeking permanent injunction restraining defendants from using the trade mark “GOLD STEP” (‘impugned mark’) and (‘roundel devices’) in respect of cigarettes on the ground of infringement and passing off of plaintiff’s trade mark and copyright. Sanjeev Narula, J., till the next date of hearing, restrained defendants from manufacturing, offering for sale, selling, displaying, advertising, marketing, using, exporting, printing, whether directly or indirectly, dealing in cigarettes under the trade mark “GOLD STEP” and impugned roundel device and/or any marks/packaging that were nearly identical/similar to plaintiff’s marks that would amount to infringement and passing off of plaintiff’s trade marks and copyright, and unfair competition.

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A bad husband is not necessarily a bad father; Delhi High Court grants divorce to husband on grounds of cruelty by wife

An appeal was filed by the husband (petitioner) under Section 19 of the Family Courts Act, 1984 read with 28 Hindu Marriage Act, 1955 against the Judgment dated 09-10-2018, vide which his petition under Section 13(i)(ia) of the Hindu Marriage Act, 1955 was dismissed. A division bench of Suresh Kumar Kait and Neena Bansal Krishna, JJ., granted divorce to the husband, set aside the impugned order and held that the appellant was able to prove cruelty at the hands of the wife (respondent) as there was no chance of reconciliation between the parties and such long separation peppered which false allegations, police reports and criminal complaints and further aggravated by parental alienation, can only be termed as acts of mental cruelty.

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‘Aggrieved parties in cases of Doxing cannot be rendered remedy-less’; Delhi High Court directs X to reveal subscriber information

A suit was filed by the plaintiff is aggrieved of doxing wherein various Defendants have searched for and published private information about the Plaintiff on the internet with malicious intent. Prathiba M Singh, J., held that since the plaintiff’s posts are stated to have been taken down it would suffice to direct that the defaulting URLs be taken down by platform ‘X’ (Defendant 9) and ’X’ shall reveal the basic subscriber information of the alleged tweets of Defendant 1 to 7 to the Plaintiff within one week.

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Delhi High Court upholds ‘first-come-first-served’ basis to allot free election symbols to unrecognized parties

The present writ petition was filed under Article 226 of the Constitution seeking to pass a writ of Certiorari or any other writ/order/direction of like nature by striking down Explanation (iv) and Proviso 1 to Explanation (iv) of Order 10-B(B) of the Election Symbols (Reservation and Allotment) Order, 1968 (‘Election Symbols Order’) as being arbitrary and violative of Article 14 of Constitution. The Division Bench of Manmohan, ACJ.*, and Manmeet Pritam Singh Arora, J., opined that if petitioner’s plea was accepted, the same would operate against the essence of ‘free symbols’, as it would take away the rights and benefits granted to the unrecognized political parties to contest the elections with a free and common symbol. The Court dismissed the petition and held that the allotment of the free symbol “Ganna kisan” by Respondent 1 in favour of Respondent 2 by the impugned letters was neither arbitrary nor unconstitutional.

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Custom duties and charges shall not be levied on medicines, drugs and therapies for rare diseases: Delhi High Court

In the batch of petitions filed by the petitioners whose children were suffering from rare diseases, Prathiba M. Singh, J.*, took note of the press release dated 30-03-2023, published by Ministry of Finance and gazette notification dated 29-03-2023 released by Ministry of Finance, Department of Revenue, and observed that it included the rare diseases namely Gaucher Disease Type I and III, Hunter syndrome (MPS II), Pompe Disease, Duchenne Muscular Dystrophy (‘DMD’), and Spinal Muscular Atrophy. Thus, in addition to the press release and gazette notification issued by the Ministry of Finance, the Court clarified that custom duties and charges should not be levied on medicines, drugs and therapies for rare diseases, and further opined that whenever medicines were brought in respect of rare diseases, the custom authorities should ensure that the same were cleared expeditiously and no unnecessary impediments were caused in ensuring that the same reach the hospital concerned.

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‘Victim Testimony delay not a ground in POCSO cases’; Delhi High Court denies bail in sexual assault and trafficking case

An application was filed under Section 439 read with Section 482 of Criminal Procedure Code (CrPC) seeking a grant of regular bail in a case registered at Police Station Sarita Vihar, Delhi for the offences punishable under Sections 376 and 363 of Penal Code, 1860 (‘IPC’) and Section 6 of protection of children from of sexual offences Act (‘POCSO’). Swarana Kanta Sharma, J., held that due to the seriousness of the allegations, including sexual assault against a minor and human trafficking, and the ongoing trauma experienced by the victim, it was inappropriate to grant bail to the accused.

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‘Disclose how setting up liquor vend can be permitted under mixed-use policy of MPD 2021’; Delhi HC stays opening of liquor vend in a plea by Resident Welfare Association

The present public interest litigation was filed challenging the L-6 Liquor License and other approvals granted by Respondent 1 and 2 to Respondent 4 for operating a liquor vend at Janakpuri, New Delhi. The Division Bench of Manmohan, ACJ., and Manmeet Pritam Singh Arora, J., directed respondents to submit documents showing that the flat was located on a commercial road and that it was permissible to use the same for a liquor vend. The Court thus held that till further orders, there would be a stay on the opening of the liquor vend at Janakpuri, New Delhi.

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[Investment Scam] Delhi HC directs removing of accounts impersonating Akshay Tanna, head at KKR Advisors, on social media to deceive public

The present suit pertained to infringement of the personality and publicity rights of plaintiff committed by unknown defendants, who used social media and messaging platforms to fraudulently impersonate plaintiff and usurp his goodwill and reputation to deceive the public and run an investment scam. Sanjeev Narula, J., restrained Defendants 1 and 2, or any person acting on their behalf, from using the name, likeness, image, photos, or any other personality rights of plaintiff and/or claiming to be associated and/or connected with plaintiff. Further, the Court directed Defendant 3-Telegram, Meta Platforms Inc., and the other social media platforms concerned, to remove/block/delete the accounts, profiles and groups created by/administered by defendants which were misusing plaintiff’s name.

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Delhi High Court upholds GNCTD’s jurisdiction over UCMSB-Guru Teg Bahadur Hospital administration

The writ petitions were filed as Public Interest Litigation (PIL) by associations comprising teaching and non-teaching staff of UCMS challenging various orders aimed at implementing the Union Cabinet’s decision of 25-08-2005, to bring UCMS under the control of GNCTD. A division bench of Manmohan, CJ., and Manmeet Pritam Singh Arora, JJ., held that the Government of National Capital Territory of Delhi (GNCTD) has the rightful authority and jurisdiction over the administration of the UCMSB-GTB Hospital.

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Delhi High Court rules eviction of son and daughter-in-Law; Directs son to pay Rs. 10,000 monthly maintenance under Senior Citizen Act

A petition was filed by the petitioner, a senior citizen, challenging order dated 28-06-2021 passed by the Appellate Authority/Divisional Commissioner rejecting an appeal filed by the Petitioner herein under Rule 22(3) of the Delhi Maintenance and Welfare of Parents and Senior Citizens Rules, 2009, which had been filed against an Order dated 04-04-2019 passed by the District Magistrate rejecting an application filed under the Maintenance and Welfare of Parents and Senior Citizens Act. Subramonium Prasad, J., allowed the petition, set aside the order and further directed Respondent No.2 to pay a sum of Rs.10,000/- to the Petitioner every month towards maintenance.

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Delhi High Court grants interim injunction to TiE Inc for its mark ‘TIE’/ ‘TiE Global’/ ‘THE INDUS ENTREPRENEUR’

In an application filed by the plaintiff as part of the suit seeking decree of permanent injunction, Anish Dayal, J., till the next date of hearing restrained Defendant 1, its proprietor, partner or director, and all others acting for or on their behalf, from using, promoting, advertising, directly or indirectly, the impugned trade marks ‘TiE’/ ‘TiE Global’/ ‘THE INDIAN ENTREPRENEUR’/ and the impugned domain name, or any other mark which might be identical to or deceptively similar to plaintiff’s trade mark ‘TIE’/ ‘TiE Global’/ ‘THE INDUS ENTREPRENEUR’, so as to cause infringement / passing off of the plaintiff’s registered trademark. The Court directed GoDaddy.com LLC, Defendant 2 to block/suspend access to the website www.tieglobal.in. Further, the Court also directed to file an affidavit providing complete disclosure of the domain/account information of Defendant 1.

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‘Pardanashin Woman is not religious but legal concept’; Delhi High Court upholds police authority and women’s dignity beyond veil

A petition was filed by the petitioner stemming from the grievance that at around 3 am, certain police officials, forcibly took the petitioner, who is a ‘Purdahnashin Muslim Woman’ from her residence without her Purdah/Veil and paraded her to the Police Station, illegally detained her at P.S. Chandni Mahal, subjected her to inhuman and degrading treatment including physical assault, violated her dignity, during the night in flagrant violation of Section 46(4) & 60(A) CrPC, thereby causing brazen infraction of her Fundamental Rights as guaranteed under Article 21 as well as International Human Rights as Guaranteed under Article 3, 5 & 7 of the United Nations Universal Declaration of Human Rights‘ (UDHR). Swarana Kanta Sharma, J., held that a woman’s dignity is inherent and extends beyond cultural practices like the veil and upheld the principles of equality and non-discrimination, and that every individual, regardless of religious beliefs, deserves respect and protection of their fundamental rights, thus ensuring a more inclusive and just society. The Court directed the police to undergo sensitization programs aimed at fostering greater awareness and understanding of the diverse cultural practices and religious beliefs observed by women, including those who wear the pardah.

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Delhi High Court dismisses petition challenging normalization process adopted by NTA in JEE (Main) Exam

In a case wherein the normalization procedure adopted by Respondent 1, NTA in JEE (Main) Exam was challenged, C. Hari Shankar, J.*, opined that it did not possess the expertise to subjectively go into the intricacies of the normalization procedure and in the matters of academic policy, the Court had to defer to the authorities, unless the procedure was found to be so arbitrary or resulting in constitutionally unsustainable results which the Court could not uphold at any cost. No such case was made out in the present petition.

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Delhi HC sets aside CIC order allowing disclosure of exemption sought by Shri Ram Janmabhoomi Teerth Kshetra for its donations

The present petition was filed by petitioner seeking quashing of the order dated 30-11-2022 (‘impugned order’) passed by the Central Information Commission (‘CIC’), whereby the CIC allowed Second Appeal filed by respondent, seeking copy of complete application filed by Shri Ram Janmabhoomi Teerth Kshetra for getting exemption/deduction under the Income Tax Act, 1961 (‘the Act’) for its donations. Subramonium Prasad, J., set aside the impugned order and held that it was always open for respondent to approach the appropriate authority under the Act to seek information as sought for in the RTI application.

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‘No obligation to disclose juvenile offences in employment cases’; Delhi High Court sets aside memo for non-disclosure under JJ Act

A petition was filed by a Constable/GD in the Central Reserve Police Force (CRPF), served for nearly 17 years with an exemplary record seeking to set aside of memorandum dated 09-08-2023 whereby a departmental inquiry has been initiated against him. A division bench of Sanjeev Sachdeva and Manoj Jain, JJ., held that the petitioner’s failure to disclose the previous involvement in the criminal case was justified under the Juvenile Justice Act, 2000, thus, the Court set aside the impugned Memorandum dated 09-08-2023 that initiated the inquiry against the petitioner.

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Delhi High Court denies bail in alleged forced trafficking and prostitution ring involving Uzbekistan nationals

An application was filed under Section 439 of Criminal Procedure Code was filed by the applicant seeking grant of bail in case arising out of FIR registered at Police Station Chanakya Puri, Delhi for offences punishable under Sections 365, 370, 384, 506, 109 and 120-B of Penal Code, 1860 (‘IPC’). Swarana Kanta Sharma, J., denied bail considering the seriousness of the allegations and the stage of the trial, where charges have not yet been framed, and numerous witnesses are yet to be examined.

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‘Does not align with Third Party Usage Guidelines for Oracle Trade Marks’; Delhi HC restrains Sonoo Jaiswal from using Oracle’s mark ‘JAVA’ in domain name ‘javatpoint’

Plaintiff was aggrieved by the adoption of the trade mark (‘impugned mark’) by defendants, which they were using in relation to a variety of software services, including training and manuals on JAVA programming language. Sanjeev Narula, J., granted an injunction in plaintiff’s favour by directing defendants and/or any person on their behalf, to not use plaintiff’s trade mark ‘JAVA’ as part of their domain name ‘javatpoint.com’, and in relation to the services they were offering. The Court held that if defendants were to use the mark ‘JAVA’ then such use must be done strictly in terms of the ‘Third Party Usage Guidelines for Oracle Trade Marks’, which were stated on plaintiff’s website ‘www.oracle.com’.

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‘Purely a governmental function’; Delhi HC disposes of petition seeking to allocate a 24-hours Sindhi Channel on Doordarshan

The present petition was filed under Article 226 of the Constitution for issuance of directions to respondents to allocate a 24-hours Sindhi Channel on Doordarshan in order to fulfil its constitutional obligation. Sudhir Kumar Jain, J., opined that this Court could not give directions to respondents for opening of a new Doordarshan Channel for the Sindhi Community which was purely a governmental function.

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Delhi High Court validates Delhi Medical Council’s mandate for allopathic physicians’ registration

A petition was filed as a Public Interest Litigation (PIL) seeking the quashing of a public notice dated 24-12-2023, issued by the Delhi Medical Council (DMC) mandating that any person practicing modern scientific medicine (Allopathy) in Delhi must be registered with the DMC as per the Delhi Medical Council Act, 1997 (DMC Act), also requiring medical establishments to ensure the validity of DMC registration of doctors before utilizing their services and to ensure renewal of registration every five years. A division bench of Manmohan, CJ., Pritam Singh Arora, J., held that the public notice issued by the Delhi Medical Council (DMC) mandating registration for medical practitioners in Delhi is within the jurisdiction conferred upon the DMC by the Delhi Medical Council Act, 1997 (DMC Act). The Court found that the Notice does not conflict with the provisions of the National Medical Commission Act, 2019 (NMC Act).

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‘Issuance of Rule Nisi and posting bail applications after weeks without adverting to merits be curbed immediately’; Directions in Satender Kumar Antil to be followed: Gujarat HC

In a special criminal application whereby the issue of long practice of issuance of ‘Rule’ or ‘Rule Nisi’ in bail matters, was raised, the Division Bench of Sunita Agarwal, CJ. and Aniruddha P. Mayee, J. directed all the Courts in the State including the High Court to scrupulously follow the directions laid down in Satender Kumar Antil v. CBI, (2022) 10 SCC 51, while dealing with the bail applications under Sections 437, 438 or 439 of the CrPC. The Court also said that practice of issuance of ‘Rule’ and posting the bail applications after weeks for final hearing without adverting to the merits of the application on the date of its presentation, should be curbed immediately.

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“Accused who has been discharged or acquitted honourably has a right to dignity” Karnataka HC directs Registrar to mask party’s name in the Court’s digital records

While considering the instant petition seeking directions for the respondents to remove the petitioner’s name from the digital records maintained by the High Court; the Bench of M. Nagaprasanna, J.*, stated that once the accused gets acquitted or discharged by a competent Court of law, or the High Court quashes their crimes in exercise of its jurisdiction under Section 482 of the CrPC, the shadow of crime, if permitted to continue in place of shadow of dignity on any citizen, it would be travesty of the concept of life under Article 21 of the Constitution. Every citizen born in India, has a right to live with dignity. Considering several case laws on the issue of the privacy and right to be forgotten, the Court stated that even an accused who has been discharged or acquitted honourably by a competent Court of law has a right to live with dignity.

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Deductions such as PF/LIC premium can’t be considered while calculating husband’s salary in determining quantum of maintenance: Karnataka HC

While considering the instant petition wherein a husband had challenged the quantum of maintenance passed by Mysuru Family Court on the ground that the maintenance amount granted to the wife and child was excessive; the Bench of Hanchate Sanjeevkumar, J.*, dismissed the petition stating that while appreciating and calculating salary/income of the husband vis-à-vis determining maintenance amount, deductions such as provident fund contribution, house rent recovery, LIC premium and festival advance etc., cannot be considered. The Court cautioned that if consideration of such deductions is allowed, then in every petition filed under Section 125 of CrPC there would be tendency by the husband to create artificial deductions making an attempt to show lesser take-home salary with an intention to mislead the Courts so as to avoid giving maintenance or an attempt to award lesser amount of maintenance.

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“Taking care of children is not taking care of mere existence”; Karnataka HC declares wife to be entitled to maintenance of Rs 36,000 per month instead of Rs 18,000

While considering the instant petition wherein a wife challenged the maintenance order of Rs 18,000 per month whereas she had sought an interim maintenance of Rs 36,000 per month; the Bench of M. Nagaprasanna, J.*, stated that every case concerning maintenance, must be considered on the strength of the merit in those cases. It was noted that in the instant case, the wife admittedly quit the job to take care of the children and taking care of the children cannot be said to be taking care of mere existence as it is shrouded by countless responsibilities and necessary expenditure from time to time. “The wife, as a homemaker and mother, works indefatigably round the clock”.

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Kerala High Court allows transwoman to participate in NCC selection process; restricts directions for authorities to amend eligibility

In an intra court appeal against judgment dated 15-03-2021 allowing a transwoman to participate in the selection process for enrolment in the National Cadet Corps (‘NCC’) at her college and directing the authorities to amend the enrollment criteria prescribed in Section 6 of the NCC Act to include transgenders, the Division Bench of Amit Rawal and CS Sudha, JJ. partly allowed the same allowing the transwoman but set aside the part of the order directing the authorities to amend the provision.

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Madras HC sets aside Controller’s order rejecting patent application of Microsoft Tech. claiming invention titled ‘Message Communication of Sensor and other Data’

In an appeal filed by Microsoft Technology Licensing (‘Microsoft’) against the order passed by the Assistant Controller of Patents and Designs(‘Controller’) whereby Patent Application, which is the national phase application derived from PCT Application dated 15-09-2010, was rejected of the Senthilkumar Ramamoorthy, J. while setting aside the impugned order, said that the claimed invention would not be obvious from cited prior art, as the cited prior art is focused on the publication of sensor values upon occurrence of an event of interest to enable the subscribing application to receive sensor data only when there is a change in sensor values. By contrast, the problem resolved by the claimed invention is the transmission of sensor data in a form which is easy to process by the subscribing application.

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Orissa HC declares nomination and election of Congress MLA Mohammed Moquim, as void

In an application under Sections 80, 81, 82, 83 and 84 read with Section 100 of the Representation of People Act, 1951, (‘the Act’) seeking declaration of the nomination of Indian National Congress’s Mohammed Moquim, member of the Odisha Legislative Assembly (‘Respondent’) and the election of the 90-Barabati Cuttack Assembly Constituency as void, S.K. Sahoo, J. allowed the application and declared the election of the Respondent from the 90-Barabati Cuttack Assembly Constituency held in April 2019 as void and that the Respondent filed his nomination papers in violation of Section 33 of the Act.

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Dismissal of married daughter’s candidacy for compassionate appointment is arbitrary and violative of Constitution: Orissa HC reiterates

In a review petition against the High Court’s decision rejecting the petitioner’s compassionate appointment under the Rehabilitation Assistance Scheme, Dr. S.K. Panigrahi*, J. allowed the petition and set aside the impugned decision. The Court reiterated that the yardstick for extending the benefit of compassionate appointment should be dependency of the dependents on the deceased and the marital status of dependent should not be an impediment for his/her consideration on compassionate ground.

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Fake Doctors | Orissa HC asks Odisha Council for Medical Registration President to appear in person for explaining effective solutions

In Public Interest Litigation (‘PIL’) petition against doctors practicing with fake degrees, the Division Bench of Chakradhari Sharan Singh, CJ. and M.S. Raman, J. directed the President of the Odisha Council for Medical Registration to appear in person before the Court in order to know about the steps for effectively dealing with the menace.

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Section 10(10-AA) of Income Tax Act 1961 differentiating tax on leave encashment between State and Central Government employees, not violative of Article 14: Patna High Court

The present writ petition was filed seeking issuance of writ of mandamus and other appropriate writ(s), order(s) or direction(s) declaring that part of Section 10(10-AA) of the Income Tax Act, 1961 (‘ITA’) by operation of which a cap was placed on exemption from income tax from the leave encashment amount at the time of retirement of the employees other than the government employees, as ultra vires to the Constitution.

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Punjab and Haryana High Court | HSIIDC to assign reasons for cancelling auction of highest bidder

In a petition filed against Haryana State Industrial and Infrastructure Development Corporation Limited (‘HSIIDC’) by a highest bidder for an auction whose bid was rejected without assigning any reasons, Arun Palli and Vikram Aggarwal, JJ. allowed the petitioner to be heard after which HSIIDC would pass appropriate orders.

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“Unless a work exists, there cannot be any question of copyright or reproducing it”: Punjab and Haryana HC overturns stay on release of film ‘Dear Jassi’

In an appeal by T-Series challenging Additional District Judge’s order dated 23-11-2023 restraining them from producing, telecasting, selling or releasing the movie ‘Dear Jassi’ till the final decision, Rajbir Sehrawat, J. set aside the impugned order thereby vacating the stay on release of the said film since Dreamline Reality Movies could not prove a prima facie case in their favour.

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Can candidates be allowed to change category after initiation of recruitment process because of subsequent widowhood, disability?; Raj HC refers matter to larger bench

In a writ petition preferred under Article 226 of the Constitution, the Division Bench of Pushpendra Singh Bhati, and Madan Gopal Vyas, JJ., referred to Central Board of Dawoodi Bohra Community v. State of Maharashtra, (2005) 2 SCC 673 and opined that the broad question of law for consideration would be that “Whether candidate(s) can be allowed to change their respective category to a special category subsequent to the initiation of a recruitment process on count of subsequent widowhood, or disability or any misfortune, which can be caused by force majeure at any stage before final merit is declared, if such candidate(s) are otherwise eligible to participate in the recruitment process under the changed category?”

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Raj HC orders POCSO convict to serve parole at a place away from victim’s residence to balance victim’s safety and accused’s rights

In a writ petition filed by the convict-petitioner, who was convicted for the offence under Section 376(2)(f) of the Penal Code, 1860 (‘IPC’) and Sections 3 and 4 of the Protection of Children from Sexual Offences Act, 2012 (‘POCSO Act’), the Division Bench of Dinesh Mehta and Rajendra Prakash Soni, JJ., opined that if the victim was faced with the presence of the petitioner, it would have an adverse impact on her well-being and she would be forced to re-visit the trauma and reminded of the incident which she would be trying hard to forget. The Court opined that a balance had to be struck between the safety and emotional aspect of the victim and statutory rights of the accused, and such balance would be achieved if the petitioner spent his time of parole at a place which way away from victim’s residence. Thus, the Court quashed and set aside the impugned order dated 10-10-2023 and allowed the petitioner’s application for second parole.

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Dishonest official deserves no sympathy and leniency; Rajasthan HC upholds suspension order of Sarpanch who was caught red-handed accepting bribe

The present petition was filed against the order dated 24-01-2024, whereby the petitioner was suspended from the post of Sarpanch, Gram Panchayat Jadana, Panchayat Samiti Rashmi, Chittorgarh. Vinit Kumar Mathur, J., opined that a dishonest official or a person deserves no sympathy and leniency, and in cases where an office bearer or an officer was caught red handed and was proceeded under Prevention of Corruption Act, 1988 (‘the PC Act’), there was no scope of taking a lenient view. Therefore, in cases where the facts were so clear which did not warrant any preliminary enquiry to be conducted, recourse to sub-Rule (2) of Rule 22 of the Rajasthan Panchayati Raj Rules, 1996 (‘1996 Rules’) for proceeding against erring official under Section 38 of the Rajasthan Panchayati Raj Act, 1994 (‘the 1994 Act’) could be taken. Further, since the petitioner was caught red handed while accepting the huge amount of bribe and the fact that he was behind the bars for more than forty-eight hours therefore, an order of suspension was essential, and accordingly dismissed the petition.

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Telangana HC upholds validity of S.38(2) of RPA which provides for preferential treatment to candidates of political party over other independent candidates

In a case wherein petitioner assailed the validity of Section 38(2) of the Representation of the People Act, 1951 (‘RPA’), and Rule 5.7.1 of the Handbook for Candidate (‘Handbook’) issued by the Election Commission of India, the Division Bench of Alok Aradhe, C.J., and N.V. Shravan Kumar, J., dismissed the petition and held that the contention that Section 38(2) of RPA treated the equals as unequals could not be accepted and neither Section 38(2) of RPA nor Rule 5.7.1 of the Handbook could be said to be violative of Article 14 of the Constitution.

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