ALLAHABAD HIGH COURT
Legal and authorized ‘occupier’ of premises including tenant cannot be deprived of basic amenities like electricity connection | Allahabad HC
In a writ petition praying to resume electricity connection to the premises in occupation by the tenants who are in an occupancy dispute with the landlord, the Division Bench, Saumitra Dayal Singh and Manjive Shukla, JJ. has held that legal and authorized ‘occupier’ of the premises including tenant cannot be deprived of basic amenities like electricity connection. However, it refused to exercise their discretionary jurisdiction to issue any writ or direction upon the electricity corporation to grant electricity connection as the tenants are faced with a decree of eviction and in the absence of any stay order operating against the eviction decree, the tenants cannot be recognised as persons authorised to occupy the premises in dispute. Read more
Proclamation u/s 82 CrPC to be issued after due satisfaction of Court that person is deliberately avoiding proceedings: Allahabad High Court
In an Application filed under Section 482 of the Code of Criminal Procedure, 1973 (‘CrPC’), praying to quash the impugned summoning order as well as the non-bailable warrant issued and to stay the subsequent proceedings against the petitioner, Rajesh Singh Chauhan, J., disposed of the petition statingthat a summoning order shall only be issued after due satisfaction of the Court that the person concerned is deliberately avoiding the proceedings initiated against him/her. Any Order which does not satisfy such procedure prescribed will be null in the eyes of the law. Read more
‘Person having a spouse alive cannot live in illicit and live-in-relationship in contravention of law’: Allahabad HC refuses to grant police protection
In a writ petition filed for directing the police authorities to provide police protection to petitioners against the husband and parents of the petitioner 1 and for not interference in peaceful live-in-relationship of the petitioners., Renu Agarwal, J said that petitioner 1 is living with petitioner 2 in live-in-relationship having legally wedded husband without seeking divorce from the Court of competent jurisdiction. According to Hindu Law, a person having a spouse alive cannot live in illicit and live-in-relationship in contravention of the provisions of law. Hence, this type of relationship cannot be supported by the orders of the Court. Read more
Is it necessary to mention in FIR any one or more offences described under S. 2(b) of UP Gangsters Act? Allahabad HC refers issue to Larger Bench
A writ petition filed for quashing of an FIR registered against five accused under Section 3 of the Uttar Pradesh Gangster and Anti-Social Activities (Prevention) Act, 1986 (‘the Act of 1986’), allegingthat incorrect details of the criminal cases have been furnished against the accused in the gang-chart attached to the police report and that the same has been passed by various authorities without application of mind and that the due procedure was not followed as established under the Act of 1986 and the Uttar Pradesh Gangster and Anti-Social Activities (Prevention) Rules, 2021 (‘Rules of 2021’) for the filing of the charge sheet. The division bench of Kshitij Shailendra and Mahesh Chandra Tripathi, JJ. viewed that there is no requirement of mentioning any one or the other offences mentioned in subclause (b) of Section 2 at the time of bare registration of FIR and, therefore, mentioning Section 3 of the Act, 1860 only would suffice at that stage.However, citing judicial propriety, it referred important issues to the larger bench, while stating that interim protection granted to the petitioners under the order dated 08-02-2024 shall remain in operation. Read more
‘Arbitrary withholding of refund claims for specific periods, despite precedents, is contrary to principles of fairness and equity’: Allahabad HC grants relief to Samsung
In a writ petition filed by Samsung India Electronics Pvt. Ltd. (‘Samsung’) challenging the order passed by the Additional Commissioner, Shekhar B. Saraf, J. while setting aside the impugned orders, held the following: While the principle of res judicata does not apply to taxation matters, it is incumbent upon authorities to take a consistent approach when dealing with similar factual and legal circumstances. The principle of consistency states that when faced with analogous factual and legal circumstances, the treatment should remain uniform. Taxpayers have a legitimate expectation that similar factual and legal circumstances will be met with uniform treatment, and any deviations from this principle undermine the credibility and legitimacy of the actions taken by tax authorities. When facts and circumstances in a subsequent assessment year are the same, no authority, whether quasi-judicial or judicial, can generally be allowed to take a contrary view. The arbitrary withholding of refund claims for specific periods, despite precedents and the absence of any material change in circumstances, is contrary to the principles of fairness and equity. Capital goods are intended for long-term use and are typically subject to capitalization. However, inputs are goods used in the day-to-day operations of the business and are not subject to capitalization. While issuing a show cause notice, it is incumbent upon the Department to clearly outline the specific allegations or concerns against the recipient. In no case, the Department can be allowed to traverse beyond the confines of the Show Cause Notice, since the same will trample upon the recipient’s right to defend itself. Any attempt by the issuing authority to expand the scope of inquiry or introduce new allegations beyond those articulated in the show cause notice would constitute a violation of the principles of natural justice. Read more
ANDHRA PRADESH HIGH COURT
‘Adolescent love cannot be controlled by the Courts’; Andhra Pradesh High Court grants bail to POCSO accused
The present criminal petition under Section 439 of the Criminal Procedure Code, 1973 (‘CrPC’) was filed by the petitioner-accused seeking grant of regular bail for the offence punishable under Sections 366 and 376 of the Penal Code, 1860 (‘IPC’), Sections 4 and 17 of the Protection of Children from Sexual Offences Act, 2012 (‘POCSO Act’) and Section 10 of the Prohibition of Child Marriage Act, 2006. Venkata Jyothirmai Pratapa, J., opined that prima facie, this was a case of elopement of two people, who were in love, where unfortunately the victim was a minor. The Court opined that adolescent love could not be controlled by the Courts and the Judges had to be careful in granting or denying bails in such matters. In the case of lack of inducement or threat, the Court must be conscious of the fact that they were not dealing with criminals. Thus, the Court released the petitioner on bail on executing a personal bond of Rs. 20,000 with two sureties of like sum each to the satisfaction of the Special Judge for Speedy Trial of Offences under the POCSO Act, Machilipatnam. Read more
BOMBAY HIGH COURT
NDPS Act | Know why Bombay High Court granted bail for commercial quantity of Tramadol
In an application seeking bail for a person accused of offences punishable under Sections 22(c), 23(c), 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (‘NDPS Act’), NJ Jamadar, J. noted that apart from the statement of one person, there was no evidence to connect the applicant with the parcel, and thus, allowed the instant application for bail. Read more
CALCUTTA HIGH COURT
Calcutta High Court directs payment of performance security deposit and retention money; defers other claims to civil suit
In a petition filed for payment of withheld final bills, performance security, and retention amounts, a single-judge bench comprising of Sabyasachi Bhattacharyya,* J., partly allowed the petition and held that the petitioners are entitled to the refund of the admitted performance security deposit and retention money, however, deferred on other claims, including final bills and additional performance security, which is to be resolved through a civil suit. The Court directed the respondents to pay the specified amount within a specified time frame and held that the rest of the claims are to be pursued through a civil suit. Read more
Calcutta High Court affirms Larica Inn’s rights to purchased building’s roof-top based on conveyance deed and mutation
While deciding three appeals related to illegal construction on Larica Inn’s property, a division bench comprising of Arijit Banerjee** and Rai Chattopadhyay,* JJ., affirmed Larica Inn’s right to the roof based on mutation and tax remittance, which established ownership. The Court deemed the KMC’s actions in granting sanction for additional construction without considering Larica Inn’s rights as erroneous, and upheld Larica Inn’s writ petition as maintainable. Read more
Calcutta High Court refuses to nullify award and restore lease in lieu of compromise based on illegal and arbitrary act
In a writ petition seeking to set aside the award passed by the Deputy Registrar of Cooperative Societies and restore the lease based on settlement/compromise agreement, a single-judge bench comprising of Amrita Sinha,* J., emphasised that in the present matter, the compromise was aimed at legalising an illegal act and was not in the interest of the Society and held that “any settlement or compromise to validate an illegal act is not permissible in law.”. Read more
Calcutta High Court directs payment of interest on revised gratuity in spite delay as such relief doesn’t affect third parties’ right
In a writ petition filed by the petitioner, claiming interest on the delayed payment of the revised gratuity and revised arrear pension amount, after considerable delay, a single-judge bench comprising of Rajasekhar Mantha,* J., directed the Director of Pension, Provident Fund, and Group Insurance, Government of West Bengal, as well as the concerned Treasury Officer, to pay interest to the petitioner at a rate of 8% per annum on the revised gratuity and revised arrear pension amount calculated from 14.02.2020 until the date of actual payment. Read more
Calcutta High Court grants permission to tender Affidavit-in-Chief due to ‘necessity’ and for ‘ends of justice’
In a revisional application challenging an order of civil court rejecting the petitioner’s application under Order 18 Rule 17 of the Civil Procedure Code, 1908 (CPC), seeking to tender an affidavit-in-chief prepared in connection with another suit, a single-judge bench comprising of Shampa Sarkar,* J., acknowledged the unity and similarity of the suits due to the analogous hearing and held that the affidavit-in-chief from another suit was relevant for the adjudication of present title suit. The Court granted permission to the petitioner to tender the affidavit-in-chief, ensuring a fair and comprehensive adjudication of the analogously heard suits. Read more
‘Probationer’s termination is neither per se dismissal nor removal’; Calcutta High Court upholds termination order
In a writ petition challenging termination order based on being punitive in nature and in violation the principles of natural justice and the provisions of the Central Civil Services (Temporary Service) Rules, 1965, a division bench comprising of Partha Sarathi Chatterjee and Tapabrata Chakraborty,* JJ., found that the termination was neither punitive in nature as it did not cast aspersions on the petitioner’s character or integrity, nor was it based on allegations of misconduct or inefficiency and held that the termination was justified based on the petitioner’s submission of false information and suppression of material facts.
CHATTISGARH HIGH COURT
‘Open jail provides a congenial atmosphere’; Chhattisgarh HC registers suo motu PIL regarding feasibility of open jails in State
The Division Bench of Ramesh Sinha, CJ and Ravindra Kumar Agrawal, J opined that the paradigm of reformative punishment did not support the traditional inhuman jails with bars but was more liberal and supported the concept of open prisons, based on trust with minimum security. The Court opined that an open jail provided a congenial atmosphere helping the offender to socialize even before he was released from the jail. Further, there were quite good number of skilled professionals as prisoners whose services might be utilized and in turn, they might also earn something for their future. Thus, the Court registered the present PIL suo motu to explore the possibilities regarding implementation of concept of open jail and whether the same would be feasible in the State of Chhattisgarh or not. Read more
DELHI HIGH COURT
Rape matters cannot be resolved through money or out of court settlements; Delhi High Court rejects quashing of rape FIR despite settlement
A petition was filed under Section 482 of the Code of Criminal Procedure, 1973 (CrPC), seeking quashing of FIR, registered against the petitioner at Police Station Vasant Kunj North, Delhi, for the offence punishable under Section 376 of the Indian Penal Code, 1860 (‘IPC’) and all consequential proceedings emanating therefrom, on the ground that the matter has been settled and compromised between the parties. Swarana Kanta Sharma, J., held that the present petition for quashing of FIR, based on compromise, cannot be allowed the Settlement Agreement does not reflect why the parties have settled the case, except the fact that the victim had agreed to settle the case upon being asked by the learned Trial Court Judge and that the accused is willing to pay Rs. 3.5 lakhs to the victim in exchange of his exoneration in the present case. Read more
Ration Card cannot be considered as address proof; Issued exclusively for obtaining essential commodities from shops: Delhi High Court
Two petitions were filed seeking issue of a writ of certiorari quashing the letter dated 3-7-2020 rejecting the claim of petitioners for allotment of the house in lieu of petitioner’s erstwhile occupation/possession/residence at the first floor of the Jhuggis of petitioner in Kathputli Colony Delhi. Chandra Dhari Singh, J.*, held that the requirement of a Ration Card as mandatory document to be produced before respondent as a proof to claim that first floor of the Jhuggi was a separate dwelling unit was arbitrary and illegal. Respondent should have exercised due caution and care before adhering to such a requirement and should have taken a fair and realistic view of the circumstances before it. The Court directed respondent to allocate an alternative dwelling unit in favor of petitioners subject to the condition that petitioners produce the documents as enunciated in Clause 2 of the Delhi Slum & JJ Rehabilitation and Relocation Policy, 2015 (PART-B). Read more
Is it permissible for an employer to process the resignation request that earlier declined to process? Delhi High Court examines
A petition was filed to consider whether it is permissible for any employer to process the resignation request which it had earlier declined to process. A division bench of Sanjeev Sachdeva and Manoj Jain, JJ., held that the earlier resignation request, being turned down, albeit, for want of certain particulars, it was no longer obligatory for the petitioner to have submitted any formal application seeking withdrawal of his resignation request. Read more
‘Right to use one’s name on one’s goods cannot be compromised’; Delhi HC denies injunction to Jindal Industries for mark ‘JINDAL’ against mark ‘RN JINDAL SS TUBES’
Plaintiff seeks an order of interim injunction, restraining defendants from using the mark , or ‘JINDAL’ per se, in any manner as would infringe plaintiff’s registered trade marks. C. Hari Shankar, J.*, opined that the right of a person to use her, or his, own name on her, or his, own goods, could not be compromised; else, it would compromise the right to use one’s name as an identity marker, which would ex facie be unconstitutional. The Court thus held that plaintiff’s prayer for injunction therefore failed even on the sole anvil of Section 35 of the Trade Marks Act, 1999 (‘the Act’) and no case of infringement or passing off was made out as the word mark ‘JINDAL’, and the logo , seen as whole marks, were neither identical nor deceptively similar. Read more
No form of mediation permissible in POCSO cases; Delhi High Court denies relief to father in POCSO case due to delay, child’s best interests
A case was filed by the petitioner seeking to challenge the dismissal of their complaint under the Protection of Children from Sexual Offences (POCSO) Act, wherein the Special Court had erred in allowing the withdrawal of the complaint and subsequently mediating between the petitioner and respondent 3, despite the main accused, respondent 2, not being party to the settlement being unjustifiable and alleging procedural irregularities in the court’s proceedings. Swarana Kanta Sharma, J., held that the petitioner was not entitled to the relief sought in the writ petition, citing reasons such as delay, lack of sufficient grounds, and the best interests of the children. Read more
‘Not a case of innocent adoption’; Delhi High Court rules in favour of Hero Investcorp for mark ‘HERO’ in relation to engine oil
Plaintiffs, owners of the trade mark ‘HERO’filed the present suit seeking various remedies including permanent injunction restraining defendants from selling counterfeit ‘Hero genuine 4t plus motorcycle engine oil’, which bear plaintiffs’ marks and identical packaging. Sanjeev Narula, J.*, opined that defendants had infringed plaintiffs’ rights by adopting and using an identical mark with respect to identical goods. The Court opined that it was not a case of innocent adoption and thus, defendants’ conduct invited the award of damages and plaintiffs were also entitled to actual costs recoverable from defendants. Read more
Delhi High Court dismisses Bloomberg’s appeal against ADJ’s order to take down defamatory article against Zee Entertainment
The present appeal under Order XLIII Rule 1(r) read with Section 151 of the Civil Procedure Code, 1908 (‘CPC’) was preferred against the order dated 1-3-2024 passed by the Additional District Judge-05, South District, Saket Courts, New Delhi (‘ADJ’) whereby an ex-parte ad-interim injunction in an application filed by respondent under Order XXXIX Rules 1 and 2 of the CPC was granted, resultantly directing appellants to take down from their website an article dated 21-2-2024. Shalinder Kaur, J.*, opined that the ADJ had applied its mind to the case and satisfied himself that prima facie there was enough material to conclude for the purpose of granting an ex-parte ad-interim injunction, otherwise the entire purpose of filing the application would have been rendered infructuous. Thus, the Court dismissed the appeal and held that it did not find any ground to interfere with the impugned order of the ADJ. Read more
Delhi High Court dismisses petition to allow Overseas Citizen of India to participate in the International Maths Olympiad on behalf of India
Petitioner was aggrieved by the denial, to an Overseas Citizen of India (‘OCI’), of the chance of participating in the International Mathematical Olympiads on behalf of India, merely because she was an OCI. C. Hari Shankar, J.*, dismissed the petition and held that the decision of not allowing OCIs to participate in the International Maths Olympiad was a policy decision and could not be said to be so arbitrary as to justify judicial interference. Read more
Delhi High Court dismisses petition to allow Overseas Citizen of India to participate in the International Maths Olympiad on behalf of India
Petitioner was aggrieved by the denial, to an Overseas Citizen of India (‘OCI’), of the chance of participating in the International Mathematical Olympiads on behalf of India, merely because she was an OCI. C. Hari Shankar, J.*, dismissed the petition and held that the decision of not allowing OCIs to participate in the International Maths Olympiad was a policy decision and could not be said to be so arbitrary as to justify judicial interference. Read more
Delhi High Court upholds maternity benefits of a contractual employee; Imposes costs on Delhi State Consumer Forum
An appeal was filed assailing the order dated 06-10-2023 passed by the Single vide the impugned order, the Single Judge has partly allowed the writ petition filed by the respondent by directing the appellants to grant her maternity and medical benefits for a period of 26 weeks on account of her pregnancy as per the provisions of the Maternity Benefit Act, 1961. A division bench of Rekha Palli and Shalinder Kaur, JJ., upheld the decision of the Single Judge to grant maternity and medical benefits to the respondent for a period of 26 weeks, as per the provisions of the Maternity Benefit Act, 1961 on being devoid of merits in the appellant’s argument that the benefits should cease upon the expiry of the respondent’s contractual engagement. The Court also imposed costs of Rs 50,000 on the appellants to be paid to the respondent. Read more
Delhi High Court: Complaint by Delhi Pollution Control Committee not authorized under Section 19 of Environmental Protection Act
A petition was filed under Section 482 of Criminal Procedure Code seeking to set aside the impugned order dated 15-05-2012 passed by District Court, Rohini and quash the summoning order dated 06-01-2011 based on the flawed complaints filed against the petitioner. Amit Sharma, J., sets aside the summoning orders and held that held that the complaints filed against the petitioner lacked legal validity as they were not initiated by the competent authority as mandated by Section 19 of the Environment (Protection) Act, 1986. Read more
[RALEIGH v. RALLEYZ] Delhi High Court grants interim injunction to Swiss Bike Vertriebs for mark ‘RALEIGH’ in relation to bicycles
The present suit was filed by plaintiff seeking a decree of permanent injunction restraining defendant, and all those under it, from directly or indirectly dealing in products and services under the trade mark ‘RALLEYZ’ (‘impugned mark’) or any other trade marks/logo/device/domain name which might be identical or deceptively similar to plaintiff’s trade mark ‘RALEIGH’. Anish Dayal, J.*, granted an interim injunction in favor of plaintiff till the pendency of the suit and thus injuncted defendant, its partners, officers, agents, distributors, licensees, and all others acting on its behalf, from selling and/or offering for sale, advertising, directly or indirectly, dealing with bicycles or bicycle related services and products under the impugned mark ‘RALLEYZ’, or any other mark deceptively similar to plaintiff’s mark ‘RALEIGH’. Read more
‘No coercive action to be taken’; Delhi HC directs DDA to stay demolition of Pakistani Hi ndu Refugee Camp at Majnu Ka Tilla
The present petition was filed seeking directions against respondent, Delhi Development Authority (‘DDA’) to not disturb/demolish the Pakistani Hindu Refugee Camp at Majnu Ka Tilla, till some alternative piece of land was allotted to them, especially in view of the Citizenship (Amendment) Act, 2019, through which, the Government wanted to give shelter to the persecuted non-Muslim minorities from Pakistan, Afghanistan and Bangladesh. Mini Pushkarna, J., directed respondent that no coercive action should be taken against petitioner, till the next date of hearing, i.e., 19-3-2024. Read more
Delhi High Court: Complaint by Delhi Pollution Control Committee not authorized under Section 19 of Environmental Protection Act
A petition was filed under Section 482 of Criminal Procedure Code seeking to set aside the impugned order dated 15-05-2012 passed by District Court, Rohini and quash the summoning order dated 06-01-2011 based on the flawed complaints filed against the petitioner. Amit Sharma, J., sets aside the summoning orders and held that held that the complaints filed against the petitioner lacked legal validity as they were not initiated by the competent authority as mandated by Section 19 of the Environment (Protection) Act, 1986. Read more
[Mumbai Twin Blast] Delhi HC rejects petition filed by death row convict seeking copy of alleged Intelligence Bureau report suggesting false implication of accused persons
In a petition filed by the petitioner challenging the order passed by the Central Information Commission (‘CIC’), Subramonium Prasad, J.*, noted that the information sought by the petitioner was on the basis of the newspaper article published in 2009, alleging there was an Intelligence Bureau report, which suggested false implication and arrest of accused persons, and was placed before the Ministry of Home Affairs for review of evidence in the bomb blast case, and opined that it had been well established that a report or an article published in a newspaper was considered only hearsay evidence. The Court opined that such a newspaper report, or article, was not a document through which an allegation of fact could be proven. Further, affidavits had also been filed by responsible officers in the Court stating that no such report exists, and there was reason to disbelieve the affidavit of the respondent. Read more
Delhi High Court upholds Dolma Aunty Momos trademark; Cancels infringing trade mark registration
A rectification petition was filed seeking cancellation and removal of respondent 1’s trademark ‘DOLMA AUNTY MOMOS’ registered in Class 30 on 24-09-2018 in application dated 02-04-2018 on a proposed to be used basis. Anish Dayal, J., held that the trademark of respondent 1 be cancelled and removed from the Trade Marks Register same should accordingly be rectified due to trademark infringement. Read more
‘No coercive action to be taken’; Delhi HC directs DDA to stay demolition of Pakistani Hindu Refugee Camp at Majnu Ka Tilla
The present petition was filed seeking directions against respondent, Delhi Development Authority (‘DDA’) to not disturb/demolish the Pakistani Hindu Refugee Camp at Majnu Ka Tilla, till some alternative piece of land was allotted to them, especially in view of the Citizenship (Amendment) Act, 2019, through which, the Government wanted to give shelter to the persecuted non-Muslim minorities from Pakistan, Afghanistan and Bangladesh. Mini Pushkarna, J., directed respondent that no coercive action should be taken against petitioner, till the next date of hearing, i.e., 19-3-2024. Read more
Use of “Dish” deemed non-infringing trademark; Delhi High Court rejects interim injunction against Prasar Bharti’s DD Free Dish
An intra court appeal was filed by Prasar Bharti (Broadcasting Corporation of India)) (appellants) also known as Doordarshan, the public broadcaster of the country, providing free Radio and Television services to all subscribers including Direct to Home (hereafter ‘DTH’) services since the year 2004 impugning an order dated 16-07-2019 passed by the Single Judge whereby the respondent’s application under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 was allowed and the appellant was restrained from adopting the trademark ‘DD Free Dish’ or any other mark incorporating the mark ‘Dish’, pending disposal of the suit. A division bench of Vibhu Bakhru and Amit Mahajan, J., held that in the present case, the Single Judge has erred in holding that the competing marks are similar and respondent does not hold any exclusive right in respect of the word ‘DISH’. Read more
Merely writing the expression “Yes” cannot be considered a valid approval u/s 151 of Income Tax Act 1961: Delhi High Court
The present appeal challenged the order dated 6-8-2018 passed by the Income Tax Appellate Tribunal (‘ITAT’) for Assessment Year (‘AY’) 2009-2010, whereby, the ITAT, while ruling in favour of respondent, had held that the prescribed authority had granted approval under Section 151 of the Income Tax Act, 1961 (‘the Act’) in a mechanical manner. The Division Bench of Yashwant Varma and Purushaindra Kumar Kaurav, JJ., opined that merely appending the phrase “Yes” did not appropriately align with the mandate of Section 151 of the Act as it failed to set out any degree of satisfaction. The Court held that the Principal Commissioner of Income-Tax (‘PCIT’) failed to satisfactorily record its concurrence and by no prudent stretch of imagination, the expression “Yes” could be a valid approval. Read more
Delhi High Court refuses divorce to husband on displaying constant reluctance towards reconciliation
An appeal was filed by husband assailing the judgment and decree dated 07-01-2009 vide which the divorce petition under Sections 13(1)(ia) and 13(1)(ib) of Hindu Marriage Act, 1955 filed on behalf of the husband on grounds of cruelty and desertion was dismissed. A division bench of Suresh Kumar Kait and Neena Bansal Krishna, JJ., held that the divorce petition of the appellant was rightly dismissed by the Additional District Judge and does not call for any interference. Read more
[Money Laundering] ‘Cooperating with Investigating Agency by public figure is public service’; Delhi HC denies pre-arrest bail to Amanatullah Khan, MLA from AAP
An application was filed by petitioner, Amanatullah Khan under Section 438 of the Criminal Procedure Code, 1973 read with Sections 45 and 65 of the Prevention of Money Laundering Act, 2002 (‘PMLA’), seeking grant of pre-arrest bail in case registered for offences punishable under Sections 44 and 45 of the PMLA. Swarana Kanta Sharma, J.*, opined that the materials on record prima facie showed the offence of money laundering being committed by petitioner. Further, despite being summoned on six occasions till date, petitioner had not joined the investigation and did not cooperate with the investigating agency. Thus, this Court did not find it a fit case for grant of pre-arrest bail to petitioner. Read more
Mother and father are equally entitled to recognition as child’s parents; Delhi HC directs GGSIPU to include mother’s name in degrees/certificates
In the case wherein the petitioner sought that the degree issued to her on completion of her course should reflect both her father’s and mother’s name, C. Hari Shankar, J.*, opined that “just as a daughter and son are equally entitled to recognition as the children of a couple, the mother and father are also equally entitled to recognition as parents of the child.” The Court referred to University Grants Commission (‘UGC’) circular dated 06-06-2014 and opined that the Court simplified the task of the officials in the GGSIPU by issuing a categorical direction that in future every document relating to the students in which the parents’ name was to be mentioned, it would reflect both father’s and mother’s name of the student concerned. Accordingly, the Court directed GGSIPU to issue a fresh B.A. LLB degree/certificate within two weeks to the petitioner in which the names of both her father and mother would be reflected. Read more
GUJARAT HIGH COURT
Gujarat HC orders arrest of Chinese vessel against pilot’s claim for permanent injury due to collapse of gangway
In an admiralty suit by a marine pilot (‘plaintiff’) seeking arrest of Defendant vessel- Jin Hai Hua (IMO-9591026) against his claim of permanent injuries to his wrist due to the overturning and collapse of the defendant vessel’s gangway for lack of proper rigging, Vaibhavi D. Nanavati, J. allowed the suit and directed for the arrest of the defendant vessel. Read more
KARNATAKA HIGH COURT
[Betting/ Spot Fixing Scandal] Know why Karnataka HC refused to quash defamation proceedings instituted against Asianet News by Divya Spandana
While considering the instant petition filed by Asianet News Network seeking quashment of proceedings pending before the Court of VIII Addl. Chief Metropolitan Magistrate, Bengaluru, for the offence punishable under Section 500 of Penal Code, 1860 vis-à-vis allegations of spot fixing against Kannada actress Divya Spandana @ Ramya ; the Bench of S. Vishwajith Shetty, J.*, dismissed the petition stating that petitioners failed to produce any material before the Court in support of their contention that they are covered under the Fourth Exception to Section 499 of IPC. The Court further pointed out that whether the petitioners had any intention to cause dent or damage to the reputation of the complainant is the subject matter of trial and no finding can be recorded on the same by the Court at this stage. Read more
Does Section 125, CrPC envisage any claim of maintenance for daughter-in-law against her parents-in-law? Karnataka HC answers
While considering the instant review petition filed under Section 19(4) of Family Court Act, 1984 challenging the validity of the Magistrate’s order granting maintenance to the petitioners’ daughter-in-law and her children under Section 125 of CrPC; the Bench of V. Srishananda, J.*, upon closely reading Section 125 of CrPC, held that, a daughter-in-law cannot lay a claim against her parents-in-law. Provisions of law envisage that a wife can lay a claim for maintenance but not daughter-in-law. Read more
KERALA HIGH COURT
[POCSO Act] Life sentence not disproportionate for a father who sexually assaulted 9-year-old daughter: Kerala High Court
In an appeal by a father against his conviction for offences under Section 5(n) read with Section 6 and 9(n) and Section 10 of the Protection of Children from Sexual Offences Act, 2012 (‘POCSO Act’) and Section 506 of the Penal Code, 1860 (‘IPC’), wherein the victim was his own daughter, the Division Bench of PB Suresh Kumar and Johnson John, JJ. held the evidence of victim daughter to be sterling evidence and did not find the sentence imposed to be dispropotionate. Read more
MADRAS HIGH COURT
Read why Madras HC refused to issue writ of quo warranto against A. Raja, Udhayanidhi Stalin and P.K. Sekar Babu for their remarks against Sanatana Dharma
In three writ petitions filed calling upon DMK MP A. Raja, Tamil Nadu State Ministers Udhayanidhi Stalin and P.K. Sekar Babu (‘individual respondents’)to show cause under what authority of law they are holding the post of the Member of Parliament (‘MP’) and Ministers of the Tamil Nadu State and also as a Member of Legislative Assembly (‘MLA’) respectively, Anita Sumanth,J. while refusing to issue writ of ‘quo warranto’ against the ministers , as the Court is bound by the letter of law while considering the prayer for quo warranto, it said that the list of disqualifications under Sections 8 to 11-A of the Representation of the People Act, 1950 becomes sacrosanct and constitutes a Lakshman rekha that cannot be breached. Read more
Madras HC reads down TNDALU Ph.D Regulation mandating 2-year LLM for admission to Ph.D Programme
In a writ petition filed to declare that Regulation 3.1 of the Tamil Nadu Dr. Ambedkar Law University Ph.D Regulations, 2020 (‘Regulations , 2020’) ultra vires the Constitution and hence null and void to the extent that they prescribe possession of two years Master’s Degree in law as eligibility criteria for admission to Ph.D., Degree in Law and consequently directing the University to permit the petitioner to apply for Ph.D admission , the division bench of Sanjay V. Gangapurwala and D. Bharatha Chakravarthy*, JJ. while reading down the Clause 3.1 of the Regulations, 2020 without the words ‘Two Years’, has directed the University to admit the petitioner in Ph.D. programme pursuant to her application and allow her to pursue the research in accordance with their rules and procedure. Read more
‘Water bodies belong to society, but have been corporatised’: Madras HC issues directions to State discouraging encroachment of water bodies for construction
In two writ petitions challenging the expansion of State highway roads on the tank bunds of two very large water bodies in Madurai District, the division bench of G R Swaminathan and B. Pugalendhi, JJ., directed the opening of a dedicated website containing an exhaustive list of all water bodies in the State of Tamil Nadu, containing their survey number, physical location, details of village, taluk, district and extent. Read more
MEGHALAYA HIGH COURT
Procedure u/s 313 CrPC must be couched in a form which an ignorant or illiterate person can understand: Meghalaya HC
In a criminal appeal under Section 374(2) of the Code of Criminal Procedure, 1973 (‘CrPC’) against an order of the Special Judge under the Protection of Children from Sexual Offences Act, 2012 (‘POCSO Act’) where the accused was convicted for seven years of rigorous imprisonment. B. Bhattacharjee, J. allowed the criminal appeal, quashing the judgment and order of the Special Judge saying that no person can be punished despite strong suspicion unless legal proof is adduced. Read more
PATNA HIGH COURT
Married lady staying in the house of father’s friend of different religion, after being left by husband, does not amount to adultery: Patna High Court
The present revision was directed against an order dated 30-11-2019 passed by the Court of the Principal Judge, Family Court, Buxar (‘Principal Judge’) in a case filed by petitioner with a prayer to hold that petitioner’s wife-Respondent 2, was not entitled to maintenance, in view of Section 125(5) of the Criminal Procedure Code, 1973. Bibek Chaudhuri, J., opined that simply because Respondent 2 was living with his father’s friend, named Israil Haque, even though when there was her maternal uncle in Buxar, could not be a ground to hold that Respondent 2 had physical relationship with Israil Haque, which amounted to adultery. The Court dismissed the present revision with cost of Rs. 20000 to be paid by petitioner to Respondent 2. Read more
