HIGH COURT MARCH 2024 WEEKLY ROUNDUP| Stories on 2006 Mumbai fake encounter; TATA Memorial hospital; JNU students union elections and more

ALLAHABAD HIGH COURT

Read why Allahabad HC granted bail to Siddique Kappan’s co-accused Masood in UAPA Case

In an appeal under Section 21(4) of the National Investigation Agency Act, 2008 filed by accused (‘Masood’) challenging the order passed by Special Judge, NIA/ATS, Additional District and Sessions Judge, in bail application for offences under Sections 153-A, 295-A, 124-A, 120-B of the Penal Code, 1860 (‘IPC’) and Sections 17 and 18 of Unlawful Activities (Prevention) Act, 1967 and Sections 65 and 72 of IT Act, 2000, whereby bail application of Masood was rejected, the division bench of Attau Rahman Masoodi and Ajai Kumar Srivastava-I, JJ. has granted bail to Masood, subject to certain conditions as other co-accused persons have been enlarged on bail. Read more

Allahabad HC declines to quash criminal proceedings against 3 men accused of raising slogans against India, and abusing persons in a Temple

In an application filed under Section 482 of the Code of Criminal Procedure, 1973 (‘CrPC’) seeking quashing of the proceedings of summoning order passed by the Judicial Magistrate-II, Subhash Vidyarthi, J. held that while a decision to be made on an application filed under S.482 is before the Court, it must only examine the possibility of a trial of the accused persons at that stage, and not the admissibility, relevance, or sufficiency of the prosecution evidence. Read more

Painful that temples & trusts have to knock doors of Court to get their dues from State Government: Allahabad HC seeks intervention of CM Yogi Adityanath

In a writ petition filed by Thakur Rangji Maharaj Virajman Mandir for payment of the annuity under Section 99 of U.P. Zamindari Abolition and Land Reforms Act, 1950 by District Magistrate of Mathura and its Senior Treasury Officer, Rohit Ranjan Agarwal, J. while referring the matter to Chief Minister Yogi Adityanath for necessary action, expressed pain to note that temples and trusts have to knock the doors of the Court to get their dues released from the State Government, which should have automatically flowed from the Treasury of the State into the account of temple. Read more

BOMBAY HIGH COURT

Bombay High Court| Tata Memorial Hospital classified as an autonomous body under Central Government Control

Four petitions were filed by Tata Memorial Centre challenging the decisions of the Industrial Court holding that the appropriate government for the Petitioner is the State Government. The petitioner questions the said findings recorded by the Industrial Court and contends that being an autonomous body, owned and controlled by the Central Government, the appropriate government for it is the Central Government. Sandeep V Marne, J., held that the appropriate government for Tata Memorial Centre is Central Government and sets aside the judgment and order dated 16-02-2022 passed by the Industrial Court in revision application as well as judgment and order dated 12-02-2022 passed in complaint. Read more

Unpacking Bombay High Court’s 867-Page Verdict in 2006 Mumbai Fake Encounter Case

In a bunch of appeals challenging judgment and order passed by the Trial Court on 12-07-2013 convicting and sentencing the accused persons (Police Personnel and others) with varied imprisonment and fine, and acquitting another Police Personnel for offences under Sections 364, 365, 368, 302, 120-B r/w 364, 143, 144, 147, 148, 149 r/w. 364, 149 r/w 365, 364 r/w 149, 365 r/w 149, 368, 364 r/w 109 r/w 120-B and 365 r/w 109 r/w 120-B, 368 r/w. 109 r/w 120-B, 344 r/w. 34, 344 r/w. 109 r/w 120-B, 302 r/w 34, 302 r/w 109 r/w 120-B, 201 r/w 34, 201 r/w 109 r/w 120-B, 201, 201 r/w 109 r/w 120-B, 174(A) of the Penal Code, 1860 (‘IPC’), the Division Bench of Revati Mohite Dere* and Gauri Godse, JJ. upheld conviction, dismissed enhancement of sentence and reversed the acquittal of police personnel concerned. Read more

Bombay High Court clarifies provisions of Arbitration Act to be above Institutional Arbitration Rules; directs MCIA to appoint an independent arbitrator

In a matter pertaining to challenge against appointment of arbitrator by Era International particularly pointing towards Mumbai Centre for International Arbitration (‘MCIA’) Rules as against the applicability of the Arbitration and Conciliation Act, 1996 (‘Arbitration Act’), Bharati Dangre, J. clarified that the provisions under the Arbitration Act were above the institutional arbitration rules. Read more

Know what led Bombay High Court to grant bail to 22 Y/O murder accused

In an application for bail for offences punishable under Sections 302, 120(B), 307, 326, 323, 141, 143, 144, 147, 149 read with 34 of the Penal Code, 1860 (‘IPC’), Section 4(25) of the Arms Act, 1959, Sections 37(1) and 135 of the Maharashtra Police Act, 1951 and Sections 3(1)(i), 3(2), 3(4) of the Maharashtra Control of Organized Crime Act, 1999, MS Karnik, J. found him entitled to be enlarged on bail and ordered accordingly. Read more

CALCUTTA HIGH COURT

Calcutta High Court dismisses challenge to temporary license to act as Muslim Marriage Registrar; defers matter to administrative redressal

In an appeal revolving around the issuance of a temporary license to the respondent/writ petitioner to act as a Muslim Marriage Registrar, a division bench comprising of T.S. Sivagnanam,* CJ., and Hiranmay Bhattacharyya, J., held that that such contentions related to temporary license being not in accordance with relevant notifications and rules should be addressed through proper procedure, such as issuing a show-cause notice and following due process for license cancellation and until then, the respondent is entitled to perform duties under the temporary license. Read more

“Alleged non-receipt of notice warrants another opportunity”; Calcutta High Court grants Assessee opportunity to show-cause despite failure to respond

In an appeal deciding whether the Principal Commissioner of Income Tax’s rejection of the appellant’s application under Section 264 of the Income Tax Act, 1961 (the Act) was in accordance with the principles of natural justice, a division bench comprising of T.S. Sivagnanam,* CJ., and Hiranmay Bhattacharyya, J., granted the appellant another opportunity to present their case before the Principal Commissioner of Income Tax, emphasising the importance of considering the merits of the matter and adhering to principles of natural justice in administrative decisions. Read more

W.B. Assembly Election 2021 | ‘Appellant seems to have lost interest in prosecuting the matter’; Calcutta High Court dismisses appeal

In an appeal challenging the dismissal of writ petition against the election of respondent 14 to the West Bengal Assembly, a division bench comprising of T.S. Sivagnanam, CJ., and Hiranmay Bhattacharyya, J., dismissed the appeal and the connected application due to the appellant’s non-prosecution of the matter. The Court stated that “it seems that the appellant has lost interest in prosecuting the matter.” Read more

Calcutta High Court directs adherence of Unnatural Death Compensation Scheme in computation of compensation for prisoners’ unnatural death

In an appeal filed by State Legal Services Authority, West Bengal (appellant) regarding the computation of compensation payable to prisoners who have faced unnatural death, a division bench comprising of T.S. Sivagnanam,* CJ., and Hiranmay Bhattacharyya, J., mandated adherence to the West Bengal Correctional Services Prisoners (Unnatural Death Compensation) Scheme, 2019 for the computation and payment of compensation to prisoners who have suffered unnatural death. The Court granted the appellant the opportunity to seek a review of the decision in light of the provisions of the Scheme. Read more

Commercial Courts Act expressly takes away any substantive or procedural right of appeal; Calcutta High Court dismisses appeal

In an appeal an against the order dismissing appellant’s applications for amendment of the written statement and leave to adduce further evidence, a division bench comprising of Biswaroop Chowdhury and I. P. Mukerji,* JJ., dismissed the appeals on the ground of maintainability and held that the appellant had no right of appeal from the impugned order as it was passed by a court exercising commercial jurisdiction, and the Commercial Courts Act, 2015 (Commercial Courts Act) expressly excluded appeals not covered by Section 13. Read more

‘Admissions in pleading are primarily germane’; Calcutta High Court directs rehearing of application under Order XII Rule 6 CPC

While deciding whether the plaintiffs are entitled to a part decree based on the admissions made by the defendants in their written statement regarding the period of occupancy and renewal of the lease, a single-judge bench comprising of Ajoy Kumar Mukherjee,* J., deemed the trial court’s consideration of extraneous documents regarding Thika Tenancy improper and emphasised on the need to base the decision solely on admissions made in the pleadings. The Court set aside the trial court’s decision and directed a rehearing of the plaintiffs’ application under Order XII Rule 6 of the Civil Procedure Code, 1908 (CPC). Read more

Calcutta High Court rejects anticipatory bail in Child Marriage case; directs awareness programs by Woman and Child Department to raise awareness

In an application seeking anticipatory bail in a case involving alleged forced child marriage, a division bench comprising of Harish Tandon and Supratim Bhattacharya, JJ., after considering the victim’s statement indicating her unwillingness to marry the petitioner, denied the anticipatory bail to the accused-petitioner. Read more

Calcutta High Court upholds rejection of petition on failure to produce document/evidence in Anandalok’s car-parking ownership dispute case

In an appeal regarding a dispute revolving around whether a 700 sq. meters land in front of the building “Anandalok” part of the premises and whether the owners and occupiers of flats in the building were authorised to use it as car parking space, a division bench comprising of Arijit Banerjee and Apurba Sinha Ray,* JJ., held that the appellants failed to provide adequate evidence, such as original deeds of flat owners or permission from KMC for the tubewell and dismissed the appeal. The Court affirmed that only a legal entity or a person permitted by statute can initiate legal proceedings, and an unincorporated association, like appellant, lacks legal personality. Read more

CHATTISGARH HIGH COURT

Unsuccessful candidates cannot turn around and question selection method/eligibility qualification of examination: Chhattisgarh HC

In a writ petition challenging the selection process of an examination, the Division Bench of Ramesh Sinha, CJ., and Ravindra Kumar Agrawal, J., opined that it was trite law that a candidate taking a calculated chance by appearing in the examination after knowing fully well the procedural norms, eligibility qualifications and only because the examination’s result was not palatable to him, could not turn around and subsequently, question the method of selection/eligibility qualification. Thus, the Court opined that from perusal of the records, it transpired that the petitioners having appeared in recruitment process consciously and willingly, could not be allowed to question the process of selection. Read more

DELHI HIGH COURT

[Typo-squatting] Delhi HC restrains P. Rajesh Ram from using GOOCLE, GOOGLE, GIPAY, GEOGLE marks in a trade mark infringement plea by Google LLC

The present suit relates to plaintiff’s rights in the trade marks GOOGLE, GOOGLE PAY, GPAY. Sanjeev Narula, J., restrained Defendants 1 to 5, or anybody acting on their behalf, from rendering, selling, offering for sale, advertising, broadcasting, or directly or indirectly dealing with any services under the marks ‘GOOGLE’, ‘GEOGLE’, ‘GOOCLE’, ‘GIPAY’,or any other trade mark in any language, representation or form, which was identical or deceptively similar to plaintiff’s ‘Google’ and ‘GPay’ trade marks, and which amounted to infringement or passing off of plaintiff’s ‘Google’ and ‘GPay’ trade marks. Read more

Delhi High Court directs rogue cyberlocker websites to take down listings of copyrighted content of Warner Bros, Netflix, Universal City Studios

The present application was filed by plaintiffs seeking decree of permanent injunction against Defendants 1 to 3, its operators, owners, partners, and all others acting for/on their behalf, in any manner facilitating uploading, hosting, streaming, reproducing, distributing, making available to the public through their platforms/websites any cinematographic work/content/programme in relation to which plaintiffs own the copyright and other attendant reliefs. Anish Dayal, J., directed rogue cyberlocker websites to take down all listings of copyrighted contents of Plaintiffs 1 to 8, i.e., Warner Bros. Entertainment Inc.; Amazon Content Services LLC; Columbia Pictures Industries, Inc.; Disney Enterprises, Inc.; Netflix US, LLC; Paramount Pictures Corporation; Universal City Studios Productions LLP; and Apple Video Programming LLC. Read more

Arrest and Jail should be resorted in rare cases of contumacious denial to pay the maintenance; Delhi High Court sets aside detention order

An appeal was filed under Section 19 of the Family Courts Act, 1984 was filed on behalf of the appellant/husband against the order dated 30-09-2022 vide which the appellant/husband has been directed to be taken into custody for civil imprisonment on account of non-payment of arrears of maintenance awarded under Section 24 of the Hindu Marriage Act, 1955 in the execution petition. A division bench of Suresh Kumar Kait and Neena Bansal Krishna, JJ., sets aside the impugned order of detention of the appellant/husband sentencing him to undergo civil imprisonment for another period of three months in compliance of the maintenance decree for not being justified. Read more

‘No allegations of tampering with evidence or threatening any person’: Delhi HC grants anticipatory bail to accused persons u/s 336 and 436 of IPC

The anticipatory bail applications were filed under Sections 438 of the Criminal Procedure Code, 1973 in an FIR registered under Sections 336, 436 and 34 of the Penal Code, 1860 (‘IPC’). Jyoti Singh, J., opined that in the present case, accused persons had joined investigation, as and when it was directed by the Investigating Officer (‘IO’) and there were no allegations of tampering with evidence or threatening any person associated with the case. Further, accused persons had clean antecedents and had not been involved in any unlawful activity prior to the alleged offences. Thus, the Court granted anticipatory bail to accused persons, and stated that they should be released on bail, subject to furnishing personal bonds of Rs. 50,000 each with two sureties of the like amount each, to the satisfaction of the Trial Court. Read more

Cheating in government exams undermines principles of meritocracy, equal opportunities; effects not limited to individual but impact society: Delhi High Court

The present application under Section 439 of the Criminal Procedure Code, 1973 (‘CrPC’) was filed seeking grant of regular bail in case registered for offences punishable under Sections 420, 120-B, and 34 of the Penal Code, 1860 (‘IPC’). Petitioner and other co-accused persons were involved in leaking question papers of examinations for government employment in Haryana. Swarana Kanta Sharma, J.*, opined that the allegations against the accused persons were serious in nature since they had made the prospective candidates believe that they had the leaked question papers for the examination they were sitting for and had sold them the same on payment of lakhs of rupees. The Court opined that as modus operandi of commission of the offence was yet to be disclosed as the other co-accused were yet to be arrested, and that the trial was yet to commence, this Court was not inclined to grant bail to petitioner at this stage. Read more

Forcing wife to do household chores when her health does not permit, amounts to cruelty: Delhi High Court

The present appeal under Section 19 of the Family Courts Act, 1984 was preferred by appellant-husband against the judgment dated 29-11-2022 passed by the Family Court, Delhi, whereby his petition under Section 13(1)(ia) of the Hindu Marriage Act, 1955 (‘HMA’) seeking divorce from respondent-wife, was dismissed. The Division Bench of Suresh Kumar Kait* and Neena Bansal Krishna, JJ., noted that in the proceedings under Section 9 of the HMA, respondent had shown her willingness to accompany appellant at her matrimonial house but she was simultaneously processing her complaints against appellant and her family members, which showed her ill-intention to harass appellant and his family by roping them in different litigations. Thus, the Court held that the rejection of appellant’s petition under Section 13(1)(ia) of the HMA by the Family Court was devoid of merits and thus, the impugned judgment dated 29-11-2022 deserves to be set aside. The Court allowed the appeal and held that the marriage between the parties was dissolved under the provisions of Section 13(1)(ia) of the HMA. Read more

Courts must scrutinize 498 A complaints to discern between clever drafting and truth; Delhi High Court quashes complaint

A petition was filed under Section 482 of Criminal Procedure Code seeking quashing of FIR registered under Sections 498-A, 406 and 34 of Penal Code, 1860 (‘IPC’), against the petitioners. Navin Chawla, J., held that the petition is allowed, and the impugned FIR registered under Sections 498A, 406 and 34 of IPC, and all other proceedings emanating therefrom against the petitioners are hereby quashed. Pending application is also disposed of as being rendered infructuous. Read more

Delhi High Court allows Ukrainian woman to take her minor son back home who was brought to India by her former husband

The present appeal was filed seeking to set aside the judgment dated 23-11-2023 passed by Family Court, Patiala House Courts, New Delhi (‘Family Court’), whereby the guardianship petition filed on behalf of appellant-father seeking custody of his son was dismissed. The Division Bench of Rajiv Shakdher and Amit Bansal*, JJ., even on merits, it would not be in the minor child’s best interest, who was currently five years old to be separated from his mother and his elder sister who were living in Ukraine. The Court also observed that the Family Court while passing the impugned judgment had interacted with the minor son on 17-11-2023, who had expressed his desire to go back to Ukraine with his mother and stated that he did not wish to speak to father and his family members. Read more

Delhi High Court mandates expedited relief in abuse and eviction dispute under Senior Citizen Act

A petition was filed under Article 226 on behalf of petitioners seeking issuance of a writ in the nature of mandamus directing respondent 1 to provide adequate security to the petitioners and to also take appropriate action against respondents 2 and 3, and to direct respondent 2 and 3 to vacate the house of the petitioners. Swarana Kanta Sharma, J., directed the Tribunal in question to expeditiously resolve the complaint of the petitioners within a period of one month. Read more

Elections to Executive Committees of all Bar Associations to be held on one day, for a uniform period of two years: Delhi High Court

The issues that arose for consideration in the present case were (a) whether elections to the Executive Committees of different Bar Associations in Delhi should be held simultaneously; (b) whether the terms/tenures of such Executive Committees should be for a uniform period; (c) whether Identity/Proximity Cards and Radio Frequency Identification Tag/Stickers (‘RFID’) should be mandatorily issued to all lawyers and if so by whom; and (d) to ensure purity in elections, should this Court prohibit hosting of election parties, printing of posters and erection of hoardings. Read more

‘Ensure that transparent attempts to abuse legal process are nipped in the bud’; Delhi HC imposes Rs 1 lakh cost on advocate for resuscitating same plea for third time

C. Hari Shankar, J., imposed Rs 1 lakh cost on an advocate who on the issue of the documents, in relation to the property being forged and fabricated, had sought to revive the suit the third time by means of the present application under Section 340 of the Criminal Procedure Code, 1973 (‘CrPC’). Read more

Issue of non-signatory guarantor to be impleaded as party to arbitration is for arbitral tribunal to decide: Delhi High Court

In a petition seeking appointment of an arbitrator, Jasmeet Singh, J., referred to Cox & Kings Ltd. v. SAP India (P) Ltd., 2023 SCC OnLine SC 163 and opined that the Court in Section 11 of the Arbitration and Conciliation Act, 1996 (‘the Act’) was only required to see the existence of arbitration clause and the issue of non-signatory should be left open for the arbitral tribunal to decide. The Court further stated that the fact that whether Respondents 3-5 could be bound by the loan agreement and could be impleaded as parties to arbitral proceedings was left open for the Arbitral Tribunal to decide. Thus, the Court referred the parties to arbitration for adjudication of their dispute arising from the loan agreement, and appointed Justice Ali Mohammad Magray, Retired Chief Justice of Jammu and Kashmir High Court, as a sole arbitrator to adjudicate the disputes between the parties. Read more

Delhi High Court orders removal of mark ‘BE THE BEER’ from the register in a plea by ‘The Beer Café’

The present petition was filed for rectification of respondents’ trade mark ‘Be the Beer’ registered on 5-10-2017 with effect from 23-3-2017 in Class 43. Anish Dayal, J., allowed the petition and ordered that the impugned mark ‘BE THE BEER’ of Respondent 1 should be removed from the register within a period of four weeks. Read more

Delhi High Court directs blocking of website, mobile application using ‘IKEA’ mark to mislead people to invest money

In a case wherein plaintiff’s marks IKEA/ were being used to misled people into investing significant sums of money on the pretext of securing a steady income from plaintiff, Sanjeev Narula, J., restrained Defendants 1 and 2, and all persons acting on their behalf, from using plaintiff’s registered IKEA/ trade marks and/or their variations, as a part of their domain names, websites, mobile applications, social media handle names/profiles credentials/description, promotional/business activities on digital or print media, bank accounts and/or any business papers etc. in any manner, that would amount to infringement and passing off of plaintiff’s registered IKEA/ trade marks. Read more

‘Bail Order is forged/fabricated’; Delhi High Court passes directions for public to check authenticity of the Court’s orders/judgments

The present case was taken up suo-motu on mentioning before this Court by Saira Bano, whose daughter Shabnam was in judicial custody in a case, registered under Sections 366-A, 372, 370-A, 420, 506, and 34 of Penal Code, 1860. Swarana Kanta Sharma, J., opined that the order which was given to Saira Bano for the bail of her daughter was a forged and fabricated document, which was prepared after editing some details of an earlier order dated 18-9-2023 passed by this Court in some another case. Thus, the Court passed the following directions to inform all stakeholders and public at large about the process through which they might check the authenticity of this Court’s orders or judgments. Read more

Issue of limitation cannot be decided without recording of evidence, once it becomes a mixed question of law and fact: Delhi High Court upholds Trial Court’s dismissal of Order 7 Rule 11

A petition was filed by the petitioner (defendant) assailing the impugned order dated 13-09-2023 passed by Trial Court whereby her application under Order VII Rule 11 of Civil Procedure Code (CPC) was dismissed. Dharmesh Sharma, J., upholds the impugned order on finding no illegality, perversity or incorrect approach adopted by the Trial Court in dismissing the application under Order VII Rule 11 CPC vide order dated 13-09-2023. Read more

Delhi High Court upholds ITAT decision denying stay application for demand recovery against Indian National Congress

A petition was filed by the petitioner challenging the order dated 08-03-2024 passed by the Income Tax Appellate Tribunal rejecting its application for stay on the recovery of demand during the pendency of appeal assailing the order of assessment as framed by the Assessing Officer and which had subsequently been affirmed by the Commissioner of Income Tax (Appeals). A Division Bench of Yashwant Varma and Purushaindra Kumar Kaurav, JJ., found no ground to interfere with the impugned order and is at liberty to the petitioner to approach the ITAT by way of a fresh stay application bringing to its attention the change in circumstances. Read more

JNUSU Elections| Delhi HC appoints former Supreme Court Judge Justice V. Ramasubramanian as observer to oversee functioning of election committee

The present petition was filed by petitioner being aggrieved with the procedure adopted by respondents for constituting the Election Committee (‘EC’) for elections of the students council and office bearers of the Jawaharlal Nehru University Students Union (‘JNUSU’) for the academic year 2023-2024 (‘the impugned elections’). Sachin Datta, J.*, granted liberty to petitioner to approach the Grievance Redressal Cell set up vide the notification dated 06-03-2024, and directed the Grievance Redressal Cell to examine the grievances raised by petitioner and pass a reasoned order in accordance with law. The Court opined that in view of election that was stated to be notified on 10-03-2024, the Grievance Redressal Cell was directed to complete the aforesaid exercise and pass a reasoned order prior to declaration of the results. Accordingly, the Court appointed Justice V. Ramasubramanian, Former Judge, Supreme Court, as the observer to exercise oversight over the activities/functions to be discharged by the Election Committee. Read more

GAUHATI HIGH COURT

Gauhati High Court adopts Practice Directions for proceedings filed under POCSO Act

On 15-03-2024, Justice Vijay Bishnoi, the Chief Justice of Gauhati High Court notified the adoption of Practice Directions for proceedings (Criminal Appeals/Revisions or Criminal Petitions) filed under the POCSO Act in Gauhati High Court and the Outlying Benches. Read more

GUJARAT HIGH COURT

Whether merely asking someone to retract statement by filing another affidavit would amount to instigating suicide? Gujarat HC answers

In a regular bail application under Section 439 of the Code of Criminal Procedure, 1973, (‘CrPC’) for the offence punishable under Sections 306 and 114 of the Penal Code, 1860 (‘IPC’), Divyesh A. Joshi, J. allowed the bail application and directed for the release of the accused. Read more

‘Corruption can erode trust in institutions’; Gujarat HC denies anticipatory bail to AMC Ward Inspector booked for disproportionate assets of Rs. 2.75 crores

In a criminal application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 (‘CrPC’) for offence under the Prevention of Corruption Act, 1988, the, JC Doshi, J. dismissed the application and refused to grant the anticipatory bail to the Ward Inspector in Ahmedabad Municipal Corporation. Read more

JHARKHAND HIGH COURT

Jharkhand High Court seeks State’s reply after inquiry on implementation of Ayushman Scheme across State hospitals

In a writ petition seeking issuance of directions for releasing the due amount under the Ayushman Scheme of all the empaneled Hospitals under the Ayushman Scheme, and conducting inquiry regarding delay in releasing the reimbursement of amount under the said scheme in Jharkhand state, the Division Bench of Sujit Narayan Prasad and Arun Kumar Rai, JJ. directed filing of a comprehensive counter affidavit by conducting an inquiry of the hospitals listed under Ayushman Scheme across the State to ascertain the actual treatment provided. Read more

Govt Bids and Tenders | Court cannot substitute its own view on Expert Committee’s observations: Jharkhand HC refuses to interfere

In a writ petition regarding Tender Committee’s decision on supply of PICU equipment for supply of Defibrillators to the extent of rejection of Technical Bid of the Petitioner, stating the other Bid lacking technical specification, the Division Bench of Rongon Mukhopadhyay and Deepak Roshan, JJ. refused to interfere with the decision of the Expert Committee, finding nothing arbitrary or unreasonable. Read more

MADHYA PRADESH HIGH COURT

‘Police protection is neither fundamental right nor statutory right’; Madhya Pradesh High Court directs removal of Police security

In a writ petition seeking police protection due to alleged threats to petitioner’s lives and property by certain miscreants, a single-judge bench comprising of Anand Pathak,* J., held that “providing security to petitioners and alike persons in such manner/flimsy pretext is contrary to the Constitutional Spirit and undermines the well-being quotient of society at large” and ordered the removal of police security and directed the petitioners to pay outstanding fees. Read more

MADRAS HIGH COURT

‘Judicial Officers are expected to maintain high level of integrity’: Madras HC refused to interfere with punishment given to Judge held for engaging in conference call with accused in Sankararaman murder case

In a writ petition filed for calling and quashing of records pertaining to a Government Order, passed by the State, and to pay salary and all terminal benefits due to the petitioner, the division bench of S.M Subramaniam and K. Rajasekar, JJ. while dismissing the petition, opined that the Judicial Officers are expected to maintain high level of integrity and as the proved charges are grave in nature, touching upon the integrity and honesty of the Judicial Officer. Therefore, the punishment of removal from service, cannot be construed as disproportionate to the gravity of the proved charges. Thus, there is no infirmity in respect of the procedures followed in the departmental disciplinary proceedings. Read more

“Occurring in nature” in S. 3(c) only qualifies the nearest reasonable referent “non-living substance”: Madras HC directs patent protection for antibody invention

In an appeal against the order passed by the Patent Office, wherein it rejected the application of the appellant under Section 3(c) of the Patents Act, 1970 (‘Act’) Senthilkumar Ramamoorthy J. while setting aside the impugned order, said that as the antibody was generated by injecting an engineered antigen into the mice, and the material extracted from the inguinal lymph of the mice was fused with myeloma cells by the hybridoma process which resulted in the antibody over which the patent claim is made. Thus, the claimed invention does not exclude patent protection as per Section 3 of the Act. Read more

[Custody Battle] Madras HC modifies order granting visitation rights to grandparents, by restricting it to once every month

In an appeal instituted against the order passed by the Court below, wherein the Court granted visitation rights to the grandparents as an interim measure, the division bench of R. Mahadevan* and Mohammed Shaffiq, JJ. has modified the order of the Judge, granting visitation rights to the grandparents, by restricting it to once every month, i.e., the first Saturday from 2.00 pm to 6.00 pm at the Child Care Centre attached to the Family Court in Chennai. It directed the mother (appellant) to personally bring and leave the child for visitation. Read more

PUNJAB AND HARYANA HIGH COURT

PIL for Gender Sensitization and Internal Complaints Committee in Bar; Punjab and Haryana HC impleads Union of India

In a Public Interest Litigation (‘PIL’) seeking directions to ensure constitution of a Gender Sensitization and Internal Complaints Committee in all the District and Subdivision (Tehsil) Bar Associations, the Division Bench of GS Sandhawalia, ACJ and Lapita Banerji, J. impleaded Union of India.

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Noise Pollution | P&H High Court seeks status reports from State on use of loudspeakers at intolerable volume in Gurudwara

In a writ petition seeking directions regarding implementation of the Court’s directions to curb noise pollution, the petitioner particularly being aggrieved by the loud noise from nearby Gurudwara in the residential area, the Division Bench of GS Sandhawalia and Lapita Banerji, JJ. impleaded the State of Punjab seeking its report regarding whether the decision in Reet Mohinder Singh v. State of Punjab, 2019 SCC OnLine P&H 7001 was being implemented. Read more