High Court weekly Roundup


‘25% of net income of husband is just and proper as maintenance to wife’; Allahabad HC dismisses husband’s revision plea for alteration of maintenance

In a criminal revision filed, by the husband challenging the orders dated 10-12-2019 and 07-12-2022 passed by the Trial Court in a maintenance case, wherein the Court allowed the application filed under Section 125 of the Code of Criminal Procedure, 1973 (‘CrPC’) and granted maintenance of Rs.7,000/- per month to the alleged wife and had rejected application under Section 127 CrPC, Surendra Singh-I, J. has held that there is no illegality, irregularity, or jurisdictional error in the impugned orders dated 10-12-2019 and 07-12-2022 passed by the Trial Court. Read more

[S. 311 CrPC] Discrepancies in examination and cross examination no ground to recall witnesses: Allahabad HC

While dealing with a criminal revision under Section 397 of the Code of Criminal Procedure (CrPC) challenging an order of the Trial Court whereby, an application under Section 311 of the CrPC for the re-examination of PW-1 and PW-2 was rejected, Subhash Vidyarthi, J., dismissed the revision application and upheld the Trial Court’s decision and said that according to the Hindu Marriage Act, 1955 (‘HMA’), kanyadan was not deemed essential for the solemnization of a Hindu marriage. The Court held that the power under Section 311 of the CrPC must be exercised only when it is essential to summon a witness for just decision of a case. Read more


Bombay HC grants interim bail to accused; doubts compliance of law by police

The Division Bench comprising of Revati Mohite Dere, Manjusha Deshpande, JJ. granted interim bail to the petitioner who had been arrested for offences under Section 420 read with Section 34 of the Penal Code, 1860 (“IPC”), that require the service of notice under Section 41-A of the Code of Criminal Procedure, 1973. The Court stated that the allegations made by the petitioner against his arrest had substance, and directed the Deputy Commissioner of Police, Zone 2, Mumbai, to apply for Call Detail Records and WhatsApp messages and call logs of the petitioner and the respondent. Read more

Bombay HC initiates suo motu PIL against BMC after news reports raise questions on the death of 2 young children by drowning in water tank maintained by BMC

The Court in its own motion initiated a Suo motu Public Interest Litigation (“PIL”), based on three newspaper articles that reported the death of two young children by falling and drowning into an uncovered water tank maintained by the Brihanmumbai Municipal Corporation (“BMC”). The bench comprising of GS Patel & Kamal Khata, JJ., considered the questions raised in the news reports, and said that the BMC as a civic body entrusted with the carrying out and maintenance of civic works is answerable. Read more


Google Play not a payment aggregator; Calcutta High Court dismiss Hoichoi’s plea against Google Play Store delisting

A writ petition was filed by Hoichoi Technologies Private Limited (‘Hoichoi’) (petitioners), a company hosting Bengali movies, web series, TV shows, and films through its mobile application against the Reserve Bank of India (‘RBI’) (respondent 1), seeking to initiate adjudicative proceedings against the Google Group, protection from accepting the Google Play Billing System (‘GPBS’) payment system, and a restraint order against delisting it from the Play Store due to alleged violation of the Guidelines on Regulation of Payment Aggregators and Payment Gateways issued by the RBI Sabyasachi Bhattacharyya, J., dismissed the writ petition without costs, stating that the primary reliefs sought by the petitioners were premature and noted that the RBI required time to adjudicate on the matter and expressed trust in the RBI’s ability to resolve the issues within a reasonable timeframe, preferably within 12 weeks. Read more


Chhattisgarh HC directs Advocate General to seek information about non-payment of compensation to victims’ parents/victims of sexual offences

In a suo motu public interest litigation regarding distribution of compensation amount to victim/parents of the victim under the Yon Utpidan/Anya Apradhon Se Pidit Mahilaon/Uttarjiviyon Ke Liye Kshatipurti Yojna, 2018 (‘the Scheme’), the Division Bench of Ramesh Sinha, CJ and Ravindra Kumar Agrawal, J., after the perusal of the report submitted by Member Secretary, Chhattisgarh State Legal Services Authority, noted that as in February 2024, in 753 cases, a total of Rs. 26,41,00,200 was pending for its payment. The report also stated that because of lack of allotment of fund, the payment could not be made to the victims/family members of the victim till date. Thus, the Court directed Advocate General to seek necessary information as to why the compensation had not been paid to the victims/parents of the victim till date and submit his response before the next date. Read more


‘AMUL’ has gained wide, comprehensive and nation-wide reputation; its protection transcends all classes having been declared a well-known mark: Delhi HC

In a rectification petition filed under Sections 47 and 57 of the Trade Marks Act, 1999 (‘the Act’) by petitioner against Respondent 1 seeking rectification of the Register of Trade Marks by removal of Respondent 1’s trade mark (‘the impugned mark’), Anish Dayal, J.*, opined that there was little doubt that trade mark ‘AMUL’ had gained a wide, expansive, comprehensive and nation-wide reputation and products of ‘AMUL’, which had gone far beyond milk and milk products were available not only in shops and retail stores, but also in shops which were operated or franchised by AMUL, selling ‘AMUL’ products exclusively. Therefore, the mark ‘AMUL’ had acquired huge, undiluted, enduring significance and was relatable to source of goods of petitioners, also its protection would transcend all classes having been declared a well-known mark. Accordingly, the Court allowed the rectification petition and removed the impugned mark from the Register. The Court also stated that these directions to be carried out within four weeks after the present judgment was pronounced. Read more

‘Discovery of material impacting assessment of total income not intended to set off a chain reaction’: Delhi HC quashes notices issued u/s Section 153C of the IT Act, 1961

The present writ petitions were filed assailing the notices issued under Section 153-C of the Income Tax Act, 1961 (‘the Act’). The Division Bench of Yashwant Varma* and Purushaindra Kumar Kaurav, JJ., opined that the discovery of material likely to implicate the assessee and impact the assessment of total income for a particular AY was not intended to set off a chain reaction or a waterfall effect on all AYs’ which could form part of the “relevant assessment year”. The Court opined that mere existence of a power to assess or reassess the six Assessment Years (‘AYs’) immediately preceding the AY corresponding to the year of search or the “relevant assessment year” would not justify a sweeping or indiscriminate invocation of Section 153-C of the Act. The jurisdictional Assessing Officer (‘AO’) would have to firstly be satisfied that the material received was likely to have a bearing on or impact the total income of years or years which may form part of the block of six or ten AYs’ and thereafter proceed to place the assessee on notice under Section 153-C of the Act. Read more

Delhi High Court directs expeditious disposal of TV Today Network’s appeal over Harper’s Bazaar India Instagram Account Suspension

A petition was filed by TV Today Network Limited seeking a declaration that Rule 3(1)(c) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 is unconstitutional and/or that it be read down in a manner that is consistent with the intent and object of Section 79 of the Information Technology Act, 2000, Section 52 of the Copyright Act, 1957 and Articles 14, 19 and 21 of the Constitution. The petitioners are aggrieved by suspension of instagram account of petitioner 1 created for its magazine Harper’s Bazaar India i.e.,”@bazaarindia” based on third-party copyright complaints. A division bench of Manmohan, ACJ., and Manmeet Pritam Singh Arora, J., directs the Grievance Appellant Committee to decide the petitioners’ appeal as expeditiously as possible, preferably, within two weeks. Read more

Delhi High Court requests Retired Justice Nazmi Waziri to head Internal Departmental Committee for protecting, managing deemed forests

opined that it would be apposite to appoint a Retired Judge of this Court to head the Internal Departmental Committee (‘the Committee’), so as to ensure that the other departments were under an obligation to co-operate with the Committee on the protection of deemed forests. Thus, the Court requested Justice Nazmi Waziri (Retd.), former Judge of this Court to accept the Chairmanship of the Committee, which would ably assist the Judge. Read more

Fake currency is serious threat to economy, national security, individual well-being; Delhi High Court dismisses bail application

The present bail application under Section 439, read with Section 482 of the Criminal Procedure Code, 1973 was filed on behalf of applicant, seeking grant of regular bail in case arising out of FIR, registered at Police Station Special Cell, Delhi for offences punishable under Sections 489-B, 489-C, and 34 of the Penal Code, 1860. Swarana Kanta Sharma, J.*, after considering the seriousness of the offence, and the recoveries of fake currency from the first floor of petitioner’s house, dismissed the bail application and held that it is not inclined to grant bail to petitioner at this stage. The Court opined that the supply and circulation of fake currency notes represented a serious threat to the economy, national security, and individual well-being, therefore, it was crucial for the Courts to deal with such cases with a stern hand. Read more

[Financial Scam] Delhi High Court restrains unauthorized use of mark ‘RAZORPAY’; directs blocking of Facebook/WhatsApp/Telegram Accounts

Plaintiffs allege that Defendant 1 was perpetrating fraud on the public by creating a false association with them, resulting in grave financial losses to the public. Sanjeev Narula, J., restrained Defendant 1, and all persons acting on their behalf, from using plaintiffs’ trade marks or logos, including, ‘RAZORPAY’, or and/or any deceptive variants thereof which were identical and/or similar to plaintiffs’ “Razor” trade marks in any manner, thereby amounting to infringement or passing off of plaintiffs’ trade-marks. Read more

[Coal Scam] Delhi HC stays Former Minister Dilip Ray’s conviction to enable him to contest elections of Odisha Legislative Assembly

The present application under Section 389(1) read with Section 482 of the Criminal Procedure Code, 1973 (‘CrPC’) was filed by appellant seeking suspension of order of his conviction dated 6-10-2020, on the ground that appellant had to contest upcoming elections of Odisha Legislative Assembly, 2024. Swarana Kanta Sharma, J.*, opined that the conviction of appellant if not suspended would lead to an irreversible consequence if he was acquitted at a later stage. Thus, this Court allowed the present application and directed that the conviction of appellant dated 6-10-2020, shall stand stayed during the pendency of present appeal. Read more

[Excise Liquor Policy] | Arrest of Arvind Kejriwal not in contravention with law; Delhi High Court dismisses Arvind Kejriwal’s plea

A petition was filed by Arvind Kejriwal under Article 226 and 227 read with Section 482 of Criminal Procedure Code (CrPC) challenging the arrest of the petitioner by Directorate of Enforcement on the ground that the arrest was in violation of Section 19 of Prevention of Money Laundering Act, 2002 (‘PMLA’) and it has been prayed that the arrest order dated 21-03-2024 and the proceedings pursuant thereto be declared illegal, non-est, arbitrary and unconstitutional along with declaring the order vide which the petitioner was remanded to custody of Directorate of Enforcement be also quashed on the grounds of it being passed in a mechanical and patently routine manner. Swarana Kanta Sharma, J., dismissed the petition for release of the petitioner. Read more


Murder convict acquitted by Jharkhand High Court after eight years due to insufficient circumstantial evidence

In the instant criminal appeal preferred in 2017 by the convict against the judgment of conviction and order of sentence passed by the Trial Court in 2016 under Section 302 of Penal Code, 1860 (“IPC”), the Division Bench of Subhash Chand*. and Ananda Sen, JJ., held that the prosecution had failed to prove their case beyond reasonable doubt, and therefore the impugned judgment of conviction and order of sentence issued by the Trial Court requires interference. The Court thus set aside the conviction and sentence and the convict was acquitted of the charge levelled against him and was directed to be released. Read more


‘Mere impersonation is not an offence’; Kerala HC quashes case against man impersonated as police officer to enter cricketer S. Sreesanth’s house

In an application filed under Section 482 of the Code of Criminal Procedure, 1973 (‘CrPC’) to quash the First Information Report (‘FIR’) and further proceeding against the accused for offence under Section 419 of the Penal Code, 1860 (‘IPC’), Bechu Kurian Thomas*, J., has quashed the criminal proceedings against the accused while stating that though he was impersonating, but due to the impersonation no damage or harm to body, mind, reputation occurred. Therefore, no cheating is done, and Section 419 IPC cannot be attracted. Read more

Read why Kerala HC declined bail to accused persons in Puthiyakavu Temple blast case

In a bail application concerning the Puthiyakavu Bhagavathy Temple Fireworks explosion case, C.S. Dias. J, while refusing the bail application, viewed that the accused persons are not entitled to be enlarged on bail, as it would have a deleterious impact on the society and justice would be thwarted. Further, the Court issued a direction for Kerala Legal Service Authority (‘KELSA’) to explore the possibilities of organizing a Adalat for the purpose of redressing the grievances of fireworks explosion aggrieved persons. Read more


Karnataka HC initiates suo motu proceedings vis-a-vis non-compliance of Court orders by various government/semi-govt. authorities

Raising concerns over lack of compliance and implementation of the High Court’s judgments and taking note of government authorities sitting tight over Court’s orders for unreasonably long period, A division bench of the Court comprising of N.V. Anjaria, C.J., on 08-04-2024 initiated suo-motu proceedings exercising powers under Article 226 of the Constitution disapproving inaction by government departments and semi-government authorities, statutory bodies or Corporations. Read more


Inside Madhya Pradesh High Court order staying bailable MP/MLA Court’s warrants against former CM Shivraj Singh Chouhan and BJP Sate President

In a petition filed under Section 482 of the Criminal Procedure Code, 1973 (CrPC), challenging the legality and validity of the impugned orders passed by the MP/MLA Court issuing a bailable warrants against Former CM Shivraj Singh Chouhan and BJP State President Vishnu Datt Sharma for not Submitting personal undertakings for permanent exemption, a single-judge bench comprising of Sanjay Dwivedi, J., stayed the impugned orders dated 22-03-2024 and 02-04-2024 as an interim measure, and directed that the warrants against the petitioners are not to be issued until the next hearing on 23-04-2024. Read more

Woman living with man for considerably long period of time entitled to maintenance under Section 125 CrPC: Madhya Pradesh High Court

In an application filed under Section 482 of the Criminal Procedure Code, 1973 (CrPC) challenging the order of maintenance due to absence of a legally recognized marriage, a single-judge bench comprising of G.S. Ahluwalia, J., upheld the maintenance order in favor of the respondent, emphasising on the principle of preventing vagrancy and ensuring social justice under Section 125 of CrPC. Read more

MP High Court issues notice to Congress MLA Arif Masood over alleged concealment of loan information in Nomination Papers

In an election petition filed by the BJP candidate, Dhruv Narayan Singh, against Arif Masood, Congress MLA from the Bhopal Central Constituency for deliberately omitted information about a loan obtained from a bank in his Nomination papers, a single-judge bench comprising of Vivek Agarwal, J., issued a notice to the respondent and sought a reply from Masood regarding the allegations of concealing information about a loan in the affidavit filed before the Election Commission. Read more

Madhya Pradesh High Court issues notice in petition challenging BJP MLA Bhagwandas Sabnani’s election victory

In an election petition filed by Congress candidate PC Sharma, challenging the election of BJP MLA Bhagwandas Sabnani from the South-West seat of Bhopal, a single-judge bench comprising of Vishal Dhagat, J., issued notice to respondent and directed to submit reply to the allegations raised in the petition. Read more

Challenge to MPPSC’s 87:13 percent formula: Madhya Pradesh High Court issues notice

In a writ petition challenging introduction of 87:13 percent formula for appointment by the Madhya Pradesh Public Service Commission (MPPSC), a division bench comprising of Sheel Nagu and Amarnath Kesarwani, JJ., issued notice to the respondents and directed them to present the list of candidates held under the 13 % category. Read more


Read why Madras HC allowed TN Govt. to withdraw cases against CM MK Stalin and Water resources Minister Durai Murugan

In writ appeals filed by State challenging the Single Judge order, wherein the Court allowed the petition filed by M. Stalin and Durai Murugan challenging Government Order and a letter dated 28-09-2018, according permission to Directorate of Vigilance and Anti-Corruption (‘DVAC’) to conduct a detailed enquiry against both the leaders, the division bench of R. Suresh Kumar and K. Kumaresh Babu., JJ. while permitting the State to withdraw the two writ appeals filed during the All-India Anna Dravida Munnetra Kazhagam (‘AIADMK’) Government against M. Stalin and Durai Murugan, said that the Court cannot insist upon a party to conduct the case, particularly, when a party wishes to abandon his claim without reserving any right. Further, the Court closed the impleading application filed by AIADMK former Member of Parliament J. Jayavardhan, as it would be a futile exercise to allow the application when the appeals had been withdrawn. Read more.

Extension of Protection Officer’s contract cannot be termed to be an appointment under PWDV Rules: Madras High Court

In a writ petition filed against the order passed by Director/Commissioner, Social Welfare and Women Empowerment Department (‘SW&WED’) in terminating the service of the petitioner and the order passed by the Principal Secretary, (‘SW&WED’) in rejecting her reinstatement in service and to quash the same and consequently direct the Department to reinstate the petitioner as Protection Officer in any of the district of Tamil Nadu with all consequential benefits including pay arrears of salary, backwages, allowances with all other emoluments from the date of termination to the date of her reinstatement and seniority, G.K. Ilanthiraiyan, J. while upholding the impugned orders, said that merely permitting the petitioner to continue her service after completion of one year, doesn’t amount to appointment made as per Rule 3(3) of the Protection of Women from Domestic Violence Rules 2006. As per contract, at any time without any notice, she will be terminated from her service. Read more


‘Undertrial and convict cannot seek habeas corpus for release citing infringement of right to life and liberty’; Orissa HC denies relief to maoist leader Sabyasachi Panda

In a writ petition by Maoist leader Sabyasachi Panda seeking issuance of writ of habeas corpus, the Division Bench of Arindam Sinha and MS Sahoo, JJ. said that when a petitioner is in custody as an undertrial and a convict, it cannot be said that his fundamental right to life and liberty was infringed. Hence, no relief was granted to Sabyasachi Panda. Read more

Orissa HC directs Sambalpur University to pay 5 lakh compensation for wrongly declaring student as ‘fail’, causing loss of 10 years of professional life

In a civil writ petition under Article 226 and 227 of the Constitution against the actions of the Sambalpur University declaring the petitioner as ‘fail’ in his +3 examinations by marking him as ‘absent’ on multiple occasions and ultimately decalring him as ‘passed’, a single-judge bench comprising of Dr. S.K. Panigrahi, J. stated that the actions of the officials of the University were irresponsible and has had an adverse impact upon the career of the petitioner, hence, the University was directed to pay a compensation of Rs. 5 Lakhs. Read more


Person cannot be said to be absconded or evaded the execution of warrant when he went to a distant place before issuance of warrant: Punjab and Haryana High Court

In a petition filed under Section 482 of the Criminal Procedure Code, 1973 (‘CrPC’) seeking to quash the proclamation order dated 16-03-2015, Sandeep Moudgil, J., opined that a person could not be said to abscond or evade the execution of warrant when he had gone to a distant place before the issue of warrant. The Court opined that it was crystal clear that the petitioner has been shown to be a resident of Dadial village, Hoshiarpur but for all intents and purposes, petitioner’s residence was in UK, therefore, there was no occasion for him to evade the process of law intentionally, as he was never served in accordance with law. Thus, proclamation order dated 16-03-2015 was in gross violation of Section 82 of the CrPC, and accordingly set aside the impugned order. Read more


Husband demanding money from wife’s paternal home for rearing, maintaining of a newborn baby, not ‘dowry’: Patna High Court

The present revision was filed against the judgment and order of conviction and sentence dated 28-6-2016 whereby the Additional Sessions Judge-III, Samastipur affirmed the order of conviction and sentence under challenge passed by the S.D.J.M., Dalsingsarai in convicting and sentencing petitioner and other two accused persons for rigorous imprisonment for three years and to pay fine of Rs 1,000 each and in default of payment of fine further simple imprisonment for two months for the offence under Section 498-A of Penal Code, 1860 (‘IPC’). Petitioner was also convicted and sentenced under Section 4 of the Dowry Prohibition Act, 1961 (‘DP Act’) with rigorous imprisonment for one year and to pay fine of Rs 1,000, in default of payment of fine further simple imprisonment for two months. Read more


Rajasthan High Court grants bail to SFJ members accused of uttering words ‘Khalistan Zindabad’; finds invocation of UAPA incomprehensible

In a bail application filed under Section 439 of the Criminal Procedure Code, 1973 (CrPC), a single-judge bench comprising of Farjand Ali, J., allowed the bail application of the accused-petitioners, emphasising on the importance of freedom of speech and expression while assessing the intention behind alleged statements. The Court deemed the continued incarceration of the accused unnecessary and ordered petitioners’ release on bail with specified conditions. Read more.

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