HIGH COURT MARCH 2024 ROUNDUP | Stories on 2006 Mumbai fake encounter; Arvind Kejriwal Arrest; W.B. Assembly Election 2021; UPSC Prelims 2024; 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

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 stating that 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’), alleging that 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

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. Read more

‘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. Read more

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. Read more

Read why Allahabad HC set aside CJM’s order taking cognizance of criminal conspiracy against Development Officer and SP in Public Toilet Scam

In an application for revision filed under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (‘CrPC’), the State challenged the validity of the order of the Chief Judicial Magistrate(‘CJM’) issued in Ram Pratap v Anup Kumar Singh1 which has been rendered unsustainable in law, Subhash Vidyarthi, J. said that the accused persons have acted in discharge of their official duty while committing the alleged offending acts, cognizance of which cannot be taken without previous sanction of the Government. Read more

No person shall be compelled to deposit firearms unless there is a specific written order against him: Allahabad HC

In a writ petition praying to command the State Government not to compel valid firearms license holders to deposit their firearms merely on the basis of upcoming assembly elections, Abdul Moin J. disposed of the writ petition directing that no person shall be compelled to deposit the firearm unless there has been a written order issued by the competent authority against the person with the particular direction. Read more

Article 30 does not give power to the State Government to establish Educational Boards; Allahabad High Court holds UP Madarsa Education Act unconstitutional

In a series of writ petitions filed challenging the vires of the U.P. Board of Madarsa Education Act, 2004 (‘Madarsa Act’), the two judges bench of Vivek Chaudhary and Subhash Vidyarthi, JJ. allowed the writs declaring the Madarsa Act as unconstitutional, holding it violative of the principle of Secularism, Articles 14, 21 and 21-A of the Constitution and violative of Section 22 of the University Grants Commission Act, 1956 (‘UGC Act’). Read more

Allahabad HC denies bail to journalist spreading hate against PM Modi, CM Adityanath and making derogatory remarks against religious figure

In a bail application by a journalist to release him on bail during the pendency of the trial for offences under Section 386, 389, 504, 506 of the Penal Code, 1860 (‘IPC’), Manju Rani Chauhan, J. refused to grant bail for propagating ‘hate speech’ against Prime Minister Narendra Modi and Uttar Pradesh Chief Minister Yogi Adityanath. Read more

ANDHRA PRADESH HIGH COURT

If there is apprehension of arrest even after issuance of notice u/s 41A of CrPC, it cannot be said that anticipatory bail is not maintainable: Andhra Pradesh HC

In a criminal petition filed under Section 438 of the Criminal Procedure Code, 1973 (‘CrPC’) for the grant of anticipatory bail, T. Mallikarjuna Rao, J., opined that if an apprehension of arrest existed even after issuance of notice of appearance, it could not be said that anticipatory bail application was not maintainable. Thus, considering petitioner’s health condition and that the offences alleged against petitioner were punishable with imprisonment of less than seven years, the Court granted anticipatory bail to petitioner. Read more

‘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

Bombay HC denies contributory negligence of car which dashed trailer with no parking or tail lights

In an appeal against the decision of the Motor Accident Claims Tribunal (‘Tribunal’) considering 50% contributory negligence on the driver of the offending vehicle and 50% on the deceased, Shivkumar Dige, J. held that accident occurred due to sole negligence of the driver of the offending trailer, and accordingly enhanced the compensation amount. Read more

Bombay High Court calls for action against Doctor for gross negligence during postmortem

In a matter pertaining to postmortem of a deceased conducted in 2020, Prithviraj K. Chavan, J. called for action against doctor (‘Dr. X’) for gross negligence and illegality in conducting postmortem due to contradictions in the reports who also used letterhead of his private hospital for postmortem conducted at Government Hospital. Read more

Chasing recoveries must never be the fate of Public Private Partnership Contracts; Bombay High Court directs MEPIDL to resolve issue with MCD

The present proceedings were filed concerning the recovery being initiated by the petitioner — Municipal Corporation of Delhi (MCD) against one MEP Infrastructure Developers Ltd. (‘MEPIDL’) who has defaulted in payment of extraordinarily large sums of money payable to the MCD under a toll tax contract amount payable around 5500 crores. A division bench of G. S. Kulkarni and Firdosh P. Pooniwalla, JJ., held that MEP Infrastructure Developers Ltd. (MEPIDL) and its subsidiaries must cooperate fully with the recovery process initiated by the Municipal Corporation of Delhi (MCD), prohibiting disposal of assets to evade dues. Read more

Bombay HC upholds costs awarded by Arbitrator in conformity with the cost regime under Section 31(A) of Arbitration Act

In an interim application seeking stay on operation, execution or enforcement of award dated 27-07-2023 during the pendency of Arbitration Petition, RI Chagla, J. upheld the costs awarded by the arbitrator finding the same in conformity with the cost regime under Section 31(A) of Arbitration and Conciliation Act, 1996 (‘Arbitration Act’). Read more

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

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

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. Read more

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. Read more

Bombay High Court upholds grant of Rs 3 Crore compensation in domestic violence case

The instant revision application was filed before the Court, invoking its revisional jurisdiction under Section 397 of CrPC challenging the judgment and order of the Sessions Court, arising from the judgment and order of the Metropolitan Magistrate on the respective application filed before it by the respondent in this case under various provisions of the Protection of Women from Domestic Violence Act, 2005 (“DV Act”). The single Judge Bench of Sharmila U. Deshmukh J.*, upheld the orders of the Sessions Court and Metropolitan Magistrate granting compensation of Rs. 3 Crores, and a monthly maintenance of Rs. 1,50,000, amongst other reliefs. Read more

CALCUTTA HIGH COURT

Calcutta High Court partially stays Centre’s notification banning 23 Dog Breeds as “ferocious and dangerous for human life”

In a petition challenging a notification dated 12-03-2024, issued by the Government of India, Ministry of Fisheries, Animal Husbandry & Dairying, Department of Animal Husbandry and Dairying, a division bench comprising of Sabyasachi Bhattacharyya, J., stayed the operation of the impugned notification until 30-04-2024, or until further order, except for the prohibition on import and selling of the prohibited dog breeds. The Court held that further investigation is warranted to assess the validity of the notification and its impact on animal rights and pet ownership. Read more

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

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.

A Refusal 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. Read more

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. Read more

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. Read more

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. Read more

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. Read more

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. Read more

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. Read more

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

Calcutta High Court directs West Bengal to fill Public Service Commission vacancies

In a writ petition concerning the functioning and delay in filling the vacancies within the Public Service Commission which resulted in significant prejudice to numerous candidates seeking public employment throughout the State, a division bench comprising of T.S. Sivagnanam, CJ., and Hiranmay Bhattacharyya, J., directed the State of West Bengal to commence the process of filling vacancies within the Public Service Commission and to provide an update on the progress at the next hearing. Read more

Calcutta High Court affirms Single Bench’s Interim Order protecting Daily Wage Workers from termination amid tender process

In an appeal challenging the Single Bench’s interim order restraining the State from implementing any termination orders against the writ petitioners until the disposal of the writ petitions, a division bench comprising of T.S. Sivagnanam, CJ., and Hiranmay Bhattacharyya, J., held that the Single Bench has appropriately protected the interests of both parties, pending the final outcome of the writ petitions. Read more

Husband put on higher degree than wife is unacceptable; Calcutta High Court grants restitution of conjugal rights to wife

While dealing with an appeal challenging judgement and decree of Trial Court granting decree for dissolution of marriage and dismissing application for restitution of conjugal rights, the two judges bench comprising of Harish Tandon and Madhuresh Prasad JJ, sets aside the impugned order and dismissed the application for dissolution of marriage and also, allowed the application for restitution for conjugal rights. 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

‘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

Delhi High Court passes dynamic injunction in favour of Viacom 18, restraining rogue websites from illegally streaming IPL Events

The subject matter of the present suit relates to the Indian Premier League (‘IPL’), which was a Twenty20 (‘T20’) cricket franchise league in India, owned and operated by the Board of Control for Cricket in India (‘BCCI’). The TATA IPL 2024 was scheduled to run from 22-3-2024 till the end of May 2024 and the matches were being held in India and included a total of 74 T20 matches (‘IPL Events’). Sanjeev Narula, J., restrained Defendants 2 to 7-rogue websites, and or any person acting on their behalf, from communicating, hosting, streaming, screening, disseminating or making available for viewing/downloading, without authorization, any part of the IPL Events on any electronic or digital platform in any manner whatsoever. Read more

Wife openly humiliating husband, calling him impotent in front of family members amounts to mental cruelty: Delhi HC grants divorce to husband

The appeal under Section 19(1) of the Family Courts Act, 1984 read with Section 28 of the Hindu Marriage Act, 1955 (‘HMA’), was filed by appellant-husband against the Judgment and decree dated 28-7-2021, passed by the Principal Judge, Family Court, Delhi (‘Principal Judge’) vide which the petition filed by appellant for divorce on the ground of cruelty under Section 13(1)(ia) of HMA, was dismissed. The Division Bench of Suresh Kumar Kait and Neena Bansal Krishna*, JJ., concluded that “to be openly humiliated and being called as impotent by respondent-wife, in front of others and for respondent to discuss their sexual life in the presence of family members, could only be termed as an act of humiliation causing mental cruelty to appellant”. The Court thus granted divorce to appellant on the ground of cruelty under Section 13(1)(ia) of HMA. Read more

[Delhi Excise Liquor Policy] Delhi High Court rejects PIL seeking removal of Arvind Kejriwal from Chief Minister post

A PIL was filed by Surjit Singh Yadav calling upon the Respondent 1 to 3 to justify under what authority Arvind Kejriwal (Respondent 4) is continuing to hold the post of Chief Minister of Government of NCT of Delhi and to further remove Respondent 4 from the post of Chief Minister of the Government of NCT of Delhi. A division bench of Manmohan, ACJ., and Manmeet Pritam Singh Arora, J., dismissed the petition and held that it is for the other organs of the State to examine the said aspect in accordance with law. Read more

Recognizing emotional toll of delays in rape cases is crucial; survivors’ appearance in courts for deposition must be minimum: Delhi High Court

The present petition under Section 482 of the Criminal Procedure Code, 1973 (‘CrPC’) was filed by petitioner-accused seeking setting aside of order dated 2-11-2023 passed by the Additional Sessions Judge, (S.F.T.C)-01, West, Tis Hazari Court, Delhi (‘the Trial Court’) vide which the cost of Rs 25,000 was imposed on petitioner and his application for providing him a duplicate copy of DVD was rejected. Swarana Kanta Sharma, J.*, opined that petitioner’s claim, after several years, of having lost a crucial piece of evidence i.e., the DVD containing alleged conversations between him and prosecutrix, was a calculated attempt to exploit the legal process, as petitioner was given the same DVR on various occasions previously. The Court thus held that there was no infirmity in the Trial Court’s order. Read more

Delhi High Court permits 73-Year-Old NDPS convict, out on bail for 13+ years, to perform Haj pilgrimage

An application was filed under Section 482 of Criminal Procedure Code (CrPC) on behalf of the applicant seeking necessary permission to the applicant to visit Makka-Madina at Saudi Arabia to perform Umrah and for necessary directions to the Regional Passport Officer, New Delhi to issue a passport in favour of appellant. Swarana Kanta Sharma, J., allowed the present application and directed that the passport of the appellant be renewed by the passport office concerned, as per applicable rules and the applicant is permitted to go abroad for a period of one month to Saudi Arabia for performing Hajj/Umrah pilgrimage. Read more

[Section 129-E, Customs Act] | Tribunal has discretion to dispense obligation to deposit duty/interest or penalty in cases of undue hardships: Delhi High Court

The Division Bench of Sanjeev Sachdeva and Ravinder Dudeja*, JJ., opined that if the statute gave a right to appeal upon certain conditions, it was upon fulfillment of those conditions that the right became vested and exercisable to appellant. The proviso to Section 129-E of the Customs Act, 1962 (‘the Act’) gave a discretion to the Tribunal in cases of undue hardships to dispense the obligation to deposit the duty/interest or penalty. The Court thus dismissed the present appeals filed under Section 130 of the Act and held that there was no error in the orders passed by the Customs, Excise & Service Tax Appellate Tribunal, New Delhi (‘CESTAT’), thereby, dismissing the appeal for non-compliance of the deposit order dated 17-6-2009, as per the provisions of Section 129 read with proviso of Section 129-E of the Act. Read more

Orders passed by tribunals under Maintenance and Welfare of Parents and Senior Citizens Act, 2007 also amenable to challenge under Article 227: Delhi High Court

The present Letters Patent Appeal (‘LPA’) was filed under Clause X of the Letters Patent of the then Lahore High Court, which stood extended to the Delhi High Court, challenging the impugned judgment dated 24-4-2019, whereby the Single Judge set aside the order dated 12-12-2015, passed by Respondent 6, the Maintenance Tribunal (Central District), Delhi (‘the Maintenance Tribunal’). The Division Bench of Manmohan, ACJ., and Manmeet Pritam Singh Arora, J.*, held that the order dated 12-12-2015 passed by the Maintenance Tribunal was amenable to the jurisdiction of the Court under Article 226 of the Constitution and the orders passed by the tribunals were, however, separately also amenable to challenge under Article 227 of the Constitution. Read more

[Eveready v Everyday] Delhi High Court grants ad interim injunction in favour of Eveready Industries for trademark infringement

A suit was filed by Eveready Industries India Limited, formerly, Ever Ready Company (India) Limited, (plaintiff) engaged in the business of marketing dry cell batteries, rechargeable batteries, flashlights and lighting products under the trademarks “EVEREADY” seeking interim injunction against KSC Industries (defendants). Sanjeev Narula, J., restrained the defendants from manufacturing, exporting, selling, offering for sale, advertising, or directly or indirectly, dealing with any goods/ packaging under the trademark/ label “EVERYDAY” or any other mark identical to or deceptively similar with the Plaintiff’s trademark “EVEREADY” that would amount to infringement and passing off of the Plaintiff’s registered trademark and copyright and unfair trade practice. Read more

[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

Article 21A mandates free and compulsory education up to 14 years, without the freedom to choose a specific school: Delhi High Court

A petition was filed by Jiya, a little over 7 ½ years of age, belonging to Economically Weaker Section (EWS) seeking judicial intervention after repeated attempts to secure admission to Maharaja Agrasen Model School proved unsuccessful, despite being shortlisted for admission under the EWS category for the academic session 2022-23, the school refused to admit her. C. Hari Shankar, J., held that the petitioner’s right to education, as guaranteed by Article 21-A of the Constitution and Section 12 of the RTE Act, was limited to free and compulsory education until the age of fourteen and does not entail provision of education in a specific school. 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

[UPSC Prelims 2024] Delhi High Court accepts supportive measures extended by Manipur Government to Manipur Hill Tribal candidates

A PIL was filed seeking issuance of directions to the Respondents to make adequate arrangements for tribal candidates from the hill districts in Manipur to enable them to take the Civil Services (Preliminary) Examination, 2024 and Indian Forest Service (Preliminary) Examination, 2024 (“CSE — Preliminary”). The petition is also seeking issuance of directions to the Respondents to set up examination centres at Churachandpur and Kangpokpi in the hill districts of Manipur and reopening of application portal/correction window to enable the candidates to opt for a centre of their choice. A Division Bench of Manmohan, ACJ., and Manmeet Pritam Singh Arora, J., accepted the assurances and undertakings provided by both the Union Public Service Commission (UPSC) and the State of Manipur and held them bound by their commitments to facilitate the examination process for candidates from Manipur’s hill districts. 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

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

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. Read more

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. Read more

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. Read more

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. Read more

‘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. Read more

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. Read more

[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. Read more

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. Read more

‘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. Read more

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. Read more

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. Read more

‘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. Read more

‘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. Read more

[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. Read more

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. Read more

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. Read more

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. Read more

‘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. Read more

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. Read more

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. Read more

‘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. Read more

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. Read more

‘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’. Read more

‘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. Read more

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). Read more

[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, and . 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

Examination system does not permit students being penalized for having poor handwriting: Delhi High Court

Petitioner filed a writ petition before this Court seeking a direction to respondents to evaluate his answer sheets for supplementary examination undertaken by him in the Competition Law Paper (‘paper’) with Subject Code LB-4033 held on 31-5-2023. C. Hari Shankar, J.*, opined that petitioner’s handwriting, was not so unreadable that it was incapable of evaluation on merits. Thus, the Court disposed permitted petitioner to provide a typed transcript of his answer sheet to the University and directed the examiner to evaluate petitioner’s answer sheet based on the typed transcript, provided she or he, was satisfied that the transcript corresponded exactly to the handwritten answer sheet. Read more

Delhi High Court| Non-provision of accessibility features constitutes an offence under Right of Persons with Disabilities Act

Four petitions were filed by petitioners, who are consumers of audio-visual entertainment, have filed the present petition, highlighting the challenges faced by persons with disabilities in accessing audio-visual content both in traditional theatres and online streaming platforms. Prathiba M Singh, J., held that non-provision of accessibility features would, in fact, constitute an offence under RPWD Act as it was enacted in 2016 and almost eight years have passed since then. The Court further passed directions considering the current position wherein the producers and technology providers need to co-ordinate with each other and the MIB has also sought further time to notify the guidelines. 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

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

‘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. Read more

Whether Manager appointed under Mental Health Act can execute Will to alienate property of person of unsound mind? Gujarat HC answers

In a batch of appeal and special civil application against the decision of Single Judge rejecting testamentary petition of the Manager of a person of unsound mind and challenging the validity of Section 59 of the Succession Act, 1925 (‘1925 Act’), the Division Bench of Sunita Agarwal and Aniruddha P. Mayee upheld the Single Judge’s decision and held that the owner of the property not being testator of the ‘Will’, the document executed by the Manager cannot be said to be a ‘Will’ in the eyes of law. The Court also held that Section 59 of the 1925 Act was in conformity with the fundamental concept of ‘Will’. Read more

Prior sanction for prosecuting a public servant can be taken even at the time of conclusion of trial; Gujarat HC rejects bail of retired IAS officer

In a regular bail application filed under Section 439 of the Criminal Procedure Code, 1973 (‘CrPC’) by a retired IAS Officer accused under the Penal Code, 1860 (‘IPC’) and the Prevention of Corruption Act, 1988 (‘PCA’), Divyesh A Joshi, J. rejected the application saying the person is very influential and he has every chance to mislead the case. Read more

HIMACHAL PRADESH HIGH COURT

Himachal Pradesh HC directs NHAI to file status report on Manali-Mandi section of NH-21; propose steps to be taken to rectify poor road conditions

In a suo motu petition regarding lack of improvement in the road condition between Manali and Mandi on NH-21 (Old), the Division Bench of M.S. Ramachandra Rao, CJ., and Jyotsna Rewal Dua, J., opined that though tunnels on the said section were good, there were several stretches where it was difficult for the motorists to drive because of heavy dust on road and poor road conditions. Further, in several places, where the mudslides/landslides had occurred, it had not been removed and roads were very narrow at several points, which required immediate attention of the National Highway Authority of India (‘NHAI’). Thus, the Court directed the NHAI to file a report on the Manali-Mandi section of NH-21 on the next date of hearing, and the steps proposed to be taken to rectify the above aspects should also be indicated in the said status report. Read more

J&K AND LADAKH HIGH COURT

Equal Pay for Equal Work | Equality is not to be based solely on designation or nature of work; J&K and Ladakh HC reiterates

While considering the instant petition seeking to direct the respondents to place the petitioners in a higher grade which is being given to similarly placed persons in other State Govt. departments in order to satisfy the mandate of Articles 39(d), 14 and 16 of the Constitution, the Bench of Javed Iqbal Wani, J.*, pointed out that the person who asserts that there is equality in work has to prove the same first. It was further pointed out that equality is not to be based in designation or nature of work, but on several other factors like, responsibilities, reliabilities, experience, confidentially involved, functional need and requirements commensurate with the position in hierarchy, the qualification required. Read more

Counsel cannot claim any share out of the fruits of litigation from their client as fee; Such an action amounts to professional misconduct: J&K and Ladakh HC

While considering the instant petition wherein the Court noted that the counsel engaged by the petitioner, is demanding a certain percentage of the compensation awarded by the Motor Accidents Claims Tribunal, Kathua in her favour, as professional fee, due to which the Tribunal is not releasing the amount of Rs. 13,50,000 in petitioner’s favour that has been deposited with the Tribunal pursuant to an award passed by the Lok Adalat in September 2023; the Bench of Sanjay Dhar, J.*, pointed out that the counsel cannot claim any share out of the fruits of litigation from his/her client as fee and if at all such a thing has happened, it is a case of professional misconduct on the part of the counsel. 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

Affidavit of Disclosure required to be filed by wife in maintenance cases, despite ex parte order on husband; Jharkhand High Court

While deciding the instant petition questioning the order of the Family Judge allowing the petition under Section 125 of CrPC against the petitioner-husband ex-parte and directed him to pay maintenance to his wife and minor daughter, the Bench of Anubha Rawat Chaudhary J.*, relying on the guidelines issued by the Supreme Court in Rajnesh v. Neha, (2021) 2 SCC 324, pointed out that even though the proceeding was ex-parte against the husband, still the wife was required to file an affidavit so as to find out her assets/liabilities/source of income etc.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

“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. Read more

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. Read more

“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”. Read more

Cross-Border Adoption situation not envisaged by Indian adoption laws; Karnataka HC directs CARA to consider issuing NOC to child adopted in Uganda

While considering the instant petition revolving around Cross-Border Adoption, filed by a Kenya based Indian couple seeking to recognise a legalised child adoption under the Indian law, the Bench of M. Nagaprasanna, J.*, took note that Cross-Border Adoption is a situation that was not envisaged either by the Juvenile Justice Act nor the Adoption Regulations. Therefore, the Court directed the respondents not to restrict its magnanimity to issuance of a support letter; and that it should stretch for issuance of an approval or a no objection under the Regulations, for the reason that, India is a signatory to the Hague Convention. Even though the adoption has not happened under the Hindu Adoptions and Maintenance Act, and in a country which is not a signatory to Hague Convention, but adoption has happened nevertheless, and the rights of a child of Indian citizens, who have adopted, cannot be left marooned. Read more

KERALA HIGH COURT

Kerala HC upholds life sentence of four convicts accused of murder in Sunil Babu Gang rivalry murder case

In a batch of criminal appeals filed by the convicted persons in the Sunil Babu Gang Rivalry Murder Case, praying to quash the conviction and sentence passed by the Additional and District Sessions Court, the two judges’ Bench of P.B. Suresh Kumar and Johnson John*, JJ. allowed the appeals of the convicts charged under Section 120-B of the Penal Code, 1860 (‘IPC’) and partly allowed the appeals for those convicted under Sections 120-B, 302, 341, 326 r/w Section 34 of the IPC saying that no case of conspiracy was made out against any of the convicts. The matter in hand emanates from gang rivalry and previous enmity between the gangs operating in Thiruvananthapuram. The deceased and the present convicts were members of different gangs. A prior case of an alleged attack was registered against the deceased and his gang members by the current accused which led to increased animosity between the deceased and the convicts. Read more

[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

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. Read more

Separate sureties need not be insisted when there are several cases against an accused: Kerala HC

In a criminal miscellaneous application against an order of the trial court filed by a person not released from custody due to failure in furnishing sufficient surety, the bench of Bechu Kurian Thomas, J. sets aside the impugned order observing that the trial court ought to fix a reasonable bond amount and the sureties offered to be treated as sufficient for releasing the petitioner on bail. 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

Madhya Pradesh High Court dismisses plea seeking police action against comedian Kapil Sharma in alleged Defamation case

In a petition filed a petition under Section 482 of the Criminal Procedure Code, 1973 (CrPC) challenging the order of dismissal of petitioner’s plea seeking police involvement to gather evidence effectively in a matter related to making derogatory remarks and gestures towards the judiciary by Comedian Kapil Sharma in his show, a single-judge bench comprising of Anand Pathak, held that the petitioner’s reliance on a television program as the primary source of evidence did not warrant police intervention. The Court emphasised the petitioner’s responsibility to substantiate the complaint independently and dismissed the petition accordingly. Read more

Madhya Pradesh High Court advises youngsters to apply discretion while opting choices; grants protection to 19-years old couple

In a petition seeking relief for protection and assistance against potential harm by 19 years old boy and girl who are wishing to reside together against their parents’ wishes, a single-judge bench comprising of Subodh Abhyankar, J., allowed the petition, granting protection to the petitioners based on their status as majors and their right to make decisions regarding their residence. However, the Court also cautioned about the challenges and responsibilities associated with such decisions, emphasising the need for discretion and awareness of societal implications. 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

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

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. Read more

‘Opposition Board is creation of statute which mandates how it should do its job’: Madras HC directs Patent Controller to forward papers to new OB for recommendations

In a writ petition filed challenging the recommendations of the Opposition Board constituted under Rule 56 of the Patent Rules, 2003 and to quash the same, N. Seshasayee, J. while setting aside the impugned order, directed the Controller to decide the two applications filed by the petitioners/patentees after holding an hearing on them, and forward the papers to another Opposition Board for making its recommendations. 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

‘AAI to ensure hopping flights to Bhopal from major cities in National Interest’; Meghalaya HC urges for flights to Bhopal on Friday and Sunday since Judges attend NJA

In a public interest litigation pertaining to the development and possible expansion of the facilities at the Shillong Airport, located in Umroi, S. Vaidyanathan, Chief Justice and W. Diengdoh, J. said that the length of the runway should be widened to 2210 metres (approx) to operate larger flights, which can carry around 220 passengers. The Bench directed the Airports Authority of India (AAI) to ensure hopping flights on Friday and Sunday to Bhopal from major cities/States like Chennai, Kerala, Kolkata, Guwahati, Shillong and the like. Read more

ORISSA HIGH COURT

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. Read more

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. Read more

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. 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

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. Read more

Calling wife ‘bhoot’, ‘pisach’ not cruelty; Patna High Court sets aside husband’s conviction u/s 498-A IPC

The present revision was directed against an order dated 30-5-2018, passed by the Additional Sessions Judge, Fast Track Courts, 1st, Nalanda at Biharsharif (‘Additional Sessions Judge’), whereby it upheld the order dated 12-3-2008, passed by the Chief Judicial Magistrate, Nalanda at Biharsharif (‘Chief Judicial Magistrate’), convicting and sentencing petitioners to suffer rigorous imprisonment for one year each for the offence punishable under Section 498-A of the Penal Code, 1860 (‘IPC’) and rigorous imprisonment of six months with fine of Rs 1,000 each for the offence punishable under Section 4 of the Dowry Prohibition Act, 1961. 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. Read more

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

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. Read more

“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. Read more

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. Read more

RAJASTHAN HIGH COURT

“Transfer an incidence of service; can’t be challenged without prejudice”; Rajasthan High Court refuses to interfere with transfer order

In an appeal challenging the transfer order, where the petitioner was which transferred from the office of Executive Engineer, Public Works Department, Block Kherwada, Udaipur to the Government UG College (Boys) Kherwada, a single-judge bench comprising of Dinesh Mehta, J., held that “the transfer policy cannot be read and construed in a pedantic manner so as to render transfers impermissible in every case” and refused to interfere with transfer order in present case where the transfer is an incidence of service and the petitioner was transferred within Kherwada, District Udaipur without causing significant inconvenience. Read more

Deputy Colonization Commissioner not empowered to make reference under Section 232 of Rajasthan Tenancy Act: Rajasthan High Court

In a petition challenging the order issued by the Board of Revenue for Rajasthan, Ajmer, a single-judge bench comprising of Dr. Nupur Bhati, J., held that “the Deputy Colonization Commissioner, Bikaner is not competent to make reference in exercise of powers conferred under Section 232 of the Rajasthan Tenancy Act, 1955 (the Act)” and set aside the impugned orders. Read more

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?” Read more

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. Read more

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. Read more

Rajasthan High Court entertains appeal despite prima facie view on non-maintainability under MSMED Act

While deciding the issue for consideration in an appeal, whether the application filed by respondent 1 under Section 15 of the Micro, Small and Medium Enterprises Development Act, 2006 (the MSMED Act) before the Micro Small Enterprises Facilitation Council (MSEFC) was maintainable under the law, a division bench comprising of Manindra Mohan Shrivastava, CJ., and Munnuri Laxman, J., decided to entertain the appeal despite having a prima facie view that the application may not be maintainable under the MSMED Act and the availability of an alternative remedy under Section 34 of the Arbitration and Conciliation Act, 1996 for setting aside the award. Read more

Rajasthan High Court permits ‘Genius College of Nursing’ to admit additional students in B.Sc Nursing Course for 2023-2024

In a writ petition seeking permission to admit an additional students for the academic session 2023-2024, a single-bench comprising of Nupur Bhati, J., granted the petitioner-institute permission to admit 20 additional students for the academic session 2023-2024 in the B.Sc Nursing Course, with instructions to comply with any due fees. Read more

Taking away/withholding retiral benefits amounts to denial of ‘Right to life’: Rajasthan High Court

In a writ petition challenging the order of withholding of the petitioner’s retiral benefits, including pension and gratuity, citing the pendency of criminal proceedings, a single-judge bench comprising of Ganesh Ram Meena,* J., held that withholding the retiral benefits was unjustified and affirmed the right of employees to receive their pension and gratuity regardless of the pendency of criminal proceedings unrelated to their official duties. The Court emphasised on the importance of protecting employees’ livelihood post-retirement. Read more

Rajasthan High Court directs State to establish ‘separate cells’ to ensure timely compliance of court order

In a writ petition against the disobedience of Court orders to decide the petitioner’s representations by the respondents, a single-judge bench comprising of Anoop Kumar Dhand, J., held that disobedience of court directives undermines the judicial process and erodes public confidence in the legal system. While emphasising on the importance of respecting court orders and maintaining the Rule of Law, the Court issued directions to ensure compliance with its orders and uphold the integrity of the judiciary. Read more

Consensual sexual relations outside marriage constitutes no statutory offence: Rajasthan High Court

In an application filed by applicant-husband seeking the recall of the order quashing the FIR under Section 366 of the Penal Code, 1860 (IPC), a single-judge bench comprising of Birendra Kumar,* J., while dismissing the application held that no statutory offense under Sections 494 and 497 IPC was made out since the wife’s voluntary live-in relationship did not constitute adultery or remarriage during the lifetime of a spouse. Read more

TELANGANA PHIGH COURT

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. Read more

Chairman, MD, ED, of private banks are public servants; Telangana HC allows prosecution of officials under Prevention of Corruption Act

In the present case, two criminal revision cases were preferred under Sections 397 and 401 of the Criminal Procedure Code, 1973 (‘CrPC’) by petitioner, CBI, being aggrieved by the common order dated 10-3-2010, wherein respondents were discharged from the offences under Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 (‘the PC Act’). E.V. Venugopal, J., held that respondents in the present case were public servants and they were liable for the charges prescribed under the provisions of the PC Act and their complicity or otherwise regarding the allegations levelled against them in the charge-sheet were to be decided by conducting full-fledged trial. Read more