ALLAHABAD HIGH COURT
Read why Allahabad HC directed UGC to circulate its guidelines on reform programmes dealing with student misconduct, to all Universities
In a writ petition filed by a student at Banaras Hindu University (‘BHU’), assailing an order of suspension passed by the Registrar of BHU, the Single Bench of Ajay Bhanot, J., while setting aside the impugned orders passed by the Registrar, BHU and Deputy Registrar, BHU, held that the suspension order violated principles of natural justice and was disproportionately severe. Allowing the writ petition, the Court further passed the following directions. Read more
Know why Allahabad HC restrained two advocates from entering Prayagraj District Court and prohibited them from practicing law within the State
In a case of criminal contempt against two practicing advocates for their misconduct towards the Presiding Officer (‘PO’) of the Court of Civil Judge (Senior Division), Prayagraj, as well as their assault on litigants within the courtroom, the Division Bench of Ashwani Kumar Mishra and Mohd. Azhar Husain Idrisi, JJ., invoked its inherent jurisdiction under Chapter XXIV Rule 11(2) of Allahabad High Court Rules, 1952, restraining the two advocates from practicing within the State of U.P. and further prohibiting them from entering the premises of District Judgeship at Allahabad. Read more
Allahabad HC quashes notifications issued by ARTO banning registration of e-Rickshaws and e-Autos in Mathura and Agra
In a writ petition filed under Article 226 of the Constitution of India challenging the notifications issued by the Assistant Regional Transport Officer (‘ARTO’) (Administration/Registration Authority) of Mathura and Agra banning the registration of e-Rickshaw and e-Auto in Mathura and Agra, respectively, in exercise of powers under Rule 178 of the U.P. Motor Vehicle Rules, 1998, a Division Bench comprising of Anjani Kuman Mishra* and Jayant Banerji,JJ., while setting aside the impugned notifications , held that while the restrictions imposed under Rule 178 indeed pertain to regulating the speed or usage of motor vehicles, they do not confer upon State the authority to prohibit the registration of new vehicles. Consequently, the impugned restriction exceeds the confines of Rule 178 of the U.P. Motor Vehicles Rules, 1998, thus beyond ARTO’s jurisdiction. Read more
‘Magistrate failed to conduct preliminary inquiry to ascertain roles and duties of individuals before mechanically summoning them’: Allahabad HC quashes criminal cases against officials of Larsen and Toubro
In an application filed under Section 482 of the Code of Criminal Procedure, 1973 (‘CrPC’) to quash the complaint case under Sections 323, 504, 506, 406, 420 of the Penal Code, 1860 (‘IPC’) and also to quash the summoning order and the order passed in the Criminal Revision, Rajesh Singh Chauhan, J. while quashing the impugned orders, said that the Magistrate failed to conduct even a basic preliminary inquiry in order to ascertain the roles and duties of the individuals before mechanically summoning all the persons arrayed as accused in the complaint. Read more
Read why Allahabad High Court denied bail to MLA Abbas Ansari
In a bail plea filed by Member of Legislative Assembly (‘MLA’) Abbas Ansari, who is implicated in a criminal case, over allegations including extortion, misuse of privileges during incarceration, and planning an escape from jail with the aid of his wife and associates, Jaspreet Singh, J., after noting the recovery of mobile phones from Abbas Ansari’s wife in jail premises and the alleged dereliction of duty by prison authorities, expressed concern over the potential influence he could wield, particularly over witnesses and law enforcement. Thus, the Court has refused to grant him bail. Read more
ANDHRA PRADESH HIGH COURT
Cattle Cruelty| Andhra Pradesh HC directs District Collectors of Kakinada and East Godavari to file report on safe keeping and transportation of cattle as per Government Order
Public Interest Litigation was filed highlighting the rampant cruelty being perpetrated on animals in gross violation of the Government Order dated 01-10-2015 (‘GO’), issued pursuant to the directions issued in Animal Rescue Organisation v. State of A.P. PIL No. 206 of 2015. The Division Bench of Dhiraj Singh Thakur, CJ., and R Raghunandan Rao, J., opined that the photographs annexed by the petitioners in the present petition reflected a very sorry state of affairs. It reflected that number of dead animals in the cattle marketing area were being handled by cranes and other heavy machinery. Thus, the Court directed the Collector of Kakinada District and Collector of East Godavari District to file a detailed affidavit along with the comprehensive reports regarding the manner in which the GO had been implemented and to reflect the steps which would be taken by the SLMCs to give effect to the spirit of the GO. Read more
BOMBAY HIGH COURT
Bombay High Court upholds Cadbury’s termination decision for not being ‘employee’ under MRTU and PULP Act
A petition was filed challenging an order passed by the Labor Court wherein it was held that the petitioner is not an ‘employee’ within the meaning of Maharashtra Recognition of Trade Unions and Prevention of Unfair Labor Practices Act, 1971 (‘MRTU and PULP Act’). A single-judge bench of Sandeep V. Marne, J. upheld the impugned orders and held that the petitioner did not qualify as a sales promotion employee under the Sales Promotion Employees (Conditions of Service) Act, 1976 (SPE Act), nor as a workman under the Industrial Disputes Act as the petitioner’s role primarily involved supervising salesmen and ensuring the achievement of sales targets, therefore, while he contributed to sales promotion indirectly through supervision, his duties did not align with direct sales promotion activities as defined under the SPE Act. Read more
Bombay High Court directs State to provide information regarding effective implementation of Prohibition of Manual Scavengers Act, 2013
In a petition filed by Shramik Janata Sangh (petitioner 1), an association espousing the cause of manual scavenging workers and father (petitioner 2) of such a worker who has died while manual scavenging seeking amendment in the previous order to incorporate details of this unfortunate death and claim for payment of compensation, a Division Bench of Nitin Jamdar and M.M. Sathaye, JJ. directed the Secretary of the Department of Social Justice and Special Assistance to file a reply affidavit regarding the fulfillment of requisites of the Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013 (‘Act’). Read more
Bombay HC falls short of words to describe “mental, psychological and physical state of the victim” while rejecting bail for sexually abusing child for 9 years
In a criminal bail application under Section 439 of the Code of Criminal Procedure, 1973 filed by the applicant, a single-judge bench of Prithviraj K. Chavan, J. rejected the same while stating that to admit the application would tantamount to further aggravate and fester the wounds of the victim which are still fresh in her mind, body and soul. Read more
[Death by Suicide] Allegations were general and omnibus in nature; Bombay High Court acquits husband due to insufficient evidence
In a criminal appeal filed by the appellant (husband), an exception was sought to the judgment and order passed by the Ad-hoc Additional Sessions Judge which recorded the guilt of the appellant for offence punishable under Sections 498-A and 306 of the Penal Code, 1860 (IPC). A single-judge bench of Abhay S. Waghwase, J. quashed the order of conviction and acquitted the husband extending benefit of doubt due to failure to prove charges beyond reasonable doubt. Read more
CALCUTTA HIGH COURT
A policy circular doesn’t serve as arbitration clause without explicit consent: Calcutta High Court
An application was filed seeking review of an order dated 01-12-2022 passed under Section 11(6) of Arbitration and Conciliation Act, 1996 wherein the prayer for appointment of an arbitrator was dismissed on the ground that there was no valid arbitration clause between the parties. Ravi Krishan Kapur, J., held that the applicant is not entitled to any reliefs as prayed for as the Circular dated 07-04-2017 merely expresses a desire and the arbitration clause has not been incorporated in the contract. Read more
Can a married couple seek parenthood under Assisted Reproductive Technology (Regulation) Act, 2021 despite age constraints for one partner? Calcutta HC answers
In a writ petition filed by a married couple aged around 59 (husband) and 46 (wife) aspiring to conceive through assisted reproductive technology under the Assisted Reproductive Technology (Regulation) Act, 2021 (‘2021 Act’), the Single Bench of Sabyasachi Bhattacharyya, J., observed that despite limitations barring the husband’s direct involvement due to age constraints outlined in the Act, the Court classified the couple as a ‘commissioning couple’, enabling them to seek assistance under the Act, as the practical implementation would focus on the wife, who met the age requirements and would actively participate in the process using third-party donors’ sperm and oocytes. Read more
Calcutta High Court: Writ petition under Article 226 not maintainable against Bar Association; To be challenged before competent court of law
An appeal was filed by Secretary, Alipore Bar Association for consideration whether election to the Bar Association (Alipore Bar Association here), is amenable to the writ jurisdiction of this High Court under Article 226 of the Constitution of India. A division bench of Ranjan Dash and Sarathi Sen, JJ., held that Alipore Bar Association being not a state “other authority” or “agency or instrumentality” of the state within Article 12 and “authority or person” discharging public function within the meaning of Article 226, writ against Alipore Bar Association that too in the matter of election to the Bar Association is not maintainable. Read more
DELHI HIGH COURT
‘Issue pending before the Supreme Court’; Delhi HC dismisses PIL seeking issuance of guidelines for release of undertrial prisoners on bail
The present Public Interest Litigation (‘PIL’) was filed under Articles 20, 21, and 226 of the Constitution seeking the following reliefs, (i) direction to respondents for issuing guidelines for release of undertrial prisoners (bail), which was to be followed by the judicial officer; (ii) direction to respondents to constitute a committee at district level consisting of District Judge, Deputy Commissioner of Police of district concerned, District Magistrate, and two members from the general public to be chosen by the Chief Justice of this Court; (iii) direction to the said committee constituted under clause (ii) to hold meeting at least once every month to decide as to which undertrial prisoners could be released and send their name to the magistrate concerned for passing an appropriate order of bail with requisite bail conditions; and (iv) direction to the said committee to submit a monthly report to the Chief Justice of this Court for appropriate action. Read more
‘Inconvenience of specific party cannot outweigh statutory provisions’; Delhi High Court directs DGCA to process deregistration of 54 leased GoAir aircrafts
Petitioners filed the present petitions aggrieved by the decision of Respondent-Directorate General of Civil Aviation (‘DGCA’) to reject the deregistration applications filed by petitioners, in view of the Insolvency Commencement Order passed by the National Company Law Tribunal (‘NCLT’). Tara Vitasta Ganju, J.*, opined that no doubt, the return of the aircraft would cause hardship to GoAir, but it could not be used as a defense to not deregister the aircrafts. Further, the Court opined that in view of the delay in deregistration of the aircraft, India’s compliance rating of the Cape Town Convention and Cape Town Protocol had fallen from 3.5 to 2 out of 5, which was a significant drop. These compliance ratings had a long-term impact on the aircraft industry and the airlines operating in India. The Court opined that a chain reaction had been set off which would have a ramification on leasing, for all commercial airlines in the country. The inconvenience of a specific party could not outweigh the statutory provisions and the international treaty obligations applicable to these aircrafts. Read more
[2008 Delhi Serial Bomb Blasts] Delhi HC dismisses plea of three members of “Indian Mujahideen” group against the order denying them bail
The present appeal was filed on behalf of appellant under the provisions of Section 21(4) of the National Investigation Agency, 2008 (‘NIA Act’) seeking bail in FIR registered on 13-9-2008. Appellant was facing trial before the Court of Sessions for the offences punishable under Sections 121, 121-A, 122, 123, 302, 307, 323, 427, and 120-B of the Penal Code, 1860 (‘IPC’); Sections 3, 4, and 5 of the Explosive Substances Act, 1908 (‘the Act’); Sections 16, 18, 19, 20, and 23 of the Unlawful Activities (Prevention) Act, 1967 (‘UAPA’); and Section 66 of the Information Technology Act, 2000 (‘IT Act’). The Division Bench of Suresh Kumar Kait* and Shalinder Kaur, JJ., considered the nature and seriousness of allegations and opined that appellant did not deserve to be released on bail. Thus, dismissed the present appeal. Read more
Delhi High Court | Allegations of unchastity and indecent familiarity with a person outside wedlock amounts cruelty
An appeal was filed by the appellant (husband) challenging the impugned judgment dated 31-10-2017 passed by the Trial Court dismissing the petition seeking divorce against wife on the grounds of cruelty. A division bench of Suresh Kumar Kait and Neena Bansal Sharma, JJ. rejected the appeal and held that the appellant was not able to prove any of his allegations made against the wife. Read more
‘Unjustified perception that wife working as police officer can never be victim of domestic violence’; Delhi HC sets aside order discharging husband and his family of cruelty
Petition was filed under Section 482 of the Criminal Procedure Code, 1973 (‘CrPC’) assailing the impugned judgment and order dated 04-10-2008, passed by the Additional Sessions Judge, Delhi (‘Sessions Court’). Swarana Kanta Sharma, J.*, observed that what primarily weighed in the mind of the Sessions Court while discharging the the husband and her in-laws (‘respondents’) was that since the wife was working as a police officer in Delhi Police, the offence in question could not have been committed against her. The Court opined that this finding was perverse and not based on the principles of criminal jurisprudence and fair trial, but based on an unjustified perception and bias that a person who was working as a police officer could never be a victim of domestic violence. The Court opined that the assumption that the wife being a police officer must had inherently possessed knowledge of law for her own protection was not only flawed but also against the fundamental principles of justice. Read more
Delhi Government, due to absence of the CM is at standstill; Delhi High Court rebukes State authorities over non availability of free textbooks and uniform
A PIL was filed highlighting the fact that 2,69,488 students studying in the schools run by Directorate of Education, GNCTD and 3,83,203 students studying in the school run by Municipal Corporation of Delhi (‘MCD’) are being deprived of the statutory benefits like uniform, writing material, text book, stationery items, school bags, scholarship, etc. as available to them under the Right of Children to Free and Compulsory Education Act, 2009 (‘RTE Act’) read with Delhi School Education Act, 1973 and Delhi Right of Children to Free and Compulsory Education Rules, 2011 (‘RTE Rules’). A division bench of Manmohan ACJ., and Manmeet Pritam Singh Arora, J., directed incur the expenditure required for fulfilling the said obligations forthwith without being constrained by the expenditure limit of Rs. 5 crores subject to statutory audit. Read more
[Sexual Harassment] Accused being a police personnel cannot be a ground to presume that witnesses will not depose against him: Delhi HC upholds setting aside of dismissal order
The present writ petition under Articles 226 and 227 of the Constitution was filed seeking to assail the order dated 6-2-2024 (‘impugned order’) passed by the Central Administrative Tribunal (‘Tribunal’) and vide the impugned order, the Tribunal allowed the original application (‘OA’) preferred by respondent thereby setting aside the order dated 1-8-2017 passed by petitioners dismissing respondent from service under Article 311(2)(b) of the Constitution, and also the appellate orders dated 3-11-2017 passed against him. The Division Bench of Rekha Palli* and Saurabh Banerjee, JJ., agreed with the Tribunal’s decision that petitioners had dispensed with the enquiry only based on a perceived notion that respondent being police personnel, would threaten the witnesses and holding of an enquiry would cause trauma to the complainant. The Court thus held that it found no reason to interfere with the impugned order. Read more
Delhi HC quashes FIR against a man accused of fraud, forgery and fabrication of documents considering amicable settlement between parties
In a petition instituted under Section 482 of the Criminal Procedure Code, 1973 (‘CrPC’) seeking quashing of FIR registered under Sections 420, 467, 406, 471 of the Penal Code, 1860 (‘IPC’) at Police Station Mukherjee Nagar, Delhi on the ground that the parties have amicably settled their disputes, Manoj Kumar Ohri, J., observed that during the proceedings, petitioner also showed remorse for his conduct and undertook not to repeat the same in future. Respondent 2 also stated that he had settled the disputes with the petitioner out of his own free will, volition and without any coercion. Thus, the Court opined that no useful purpose would be served in continuance of the proceedings and accordingly quashed the FIR and consequent proceedings arising therefrom. Read more
Sextortion represents profound violation of privacy, undermines individual dignity and is a significant social menace: Delhi HC denies anticipatory bail
In the present case, three applications were taken up together which were filed under Section 438 of the Criminal Procedure Code, 1973 (‘CrPC’) seeking grant of pre-arrest bail in FIR dated 8-12-2022 registered at Police Station Special Cell, Delhi for offences punishable under Sections 419, 420, 388, and 170 of the Penal Code, 1860 (‘IPC’). Amit Mahajan, J.*, opined that the investigation unearthed multiple complaints, revealing habitual engagement of applicants in criminal practices, like, sextortion calls. Thus, the Court after considering the nature of the offence, dismissed the applications and held that no ground for grant of anticipatory bail to applicants was made out. Read more
[VIAGRA v. VIGOURA] ‘Confusion between medicinal products pose serious risks to public health’; Delhi HC grants permanent injunction in favour of Pfizer Products
Pfizer Products Inc-Plaintiff filed the present suit to seek protection of their trade marks rights in ‘VIAGRA’, a well-recognized erectile dysfunction allopathic drug, by seeking permanent injunction to prevent defendants from marketing their homeopathic medicine under a confusingly similar trade mark ‘VIGOURA’, used allegedly for curing sexual disorders. Sanjeev Narula, J.*, opined that the both the trade marks exhibited a high degree of phonetic similarity. The Court opined that the similarity in sound could mislead consumers into believing that ‘VIGOURA’ was either a variant of, associated with, or endorsed by the makers of ‘VIAGRA’, potentially resulting in mistaken purchases or the belief in equivalent efficacy. Further, visually also both the trade marks shared notable similarities in the letter structure and length, contributing to strong visual resemblances. Unlike non-medicinal products, where confusion might only result in economic harm to the plaintiff, confusion between medicinal products could pose serious risks to public health. Read more
Intention of parties can be construed from the correspondence exchanged between them: Delhi HC appoints Justice A.K. Sikri (Retd.) as a Sole Arbitrator
A petition was filed by petitioner under Section 11(6) of the Arbitration and Conciliation Act, 1996 (‘the Act’), seeking appointment of an arbitrator with respect to the disputes arising between parties. Prathiba M. Singh, J., opined that the following factors would be in favour of appointment of a Sole Arbitrator for adjudication of all disputes, i.e., (a) to avoid multiplicity of disputes; (b) all contracts relate to the same project and form part of the same series of works; and (c) the correspondence between parties showed that they were treated as part of the same series of contracts. The Court thus appointed Justice A.K. Sikri (Retd.) as a Sole Arbitrator. Read more
Delhi High Court dismisses S. 11 Arbitration petition due to Debit Notes issued after MSMED registration in arbitration proceedings
A petition was filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking appointment of an arbitrator for adjudication of disputes inter-se between the parties. Dinesh Kumar Sharma, J., dismissed the petition since arbitration has been started before MSME and the debit notes on which the present application has been filed are after the registration of the supplier under MSME. Read more
Monthly pension of Rs 3000 to building and construction workers is minuscule, given the cost of living in Delhi: Delhi High Court
The present appeal was filed against a judgment dated 23-2-2023 (‘impugned judgment’) passed by a Single Judge in Dulari Devi v. Delhi Building and other Construction Workers Welfare Board, 2023 SCC OnLine Del 1006 (‘Dulari Devi Case’), whereby the Single Judge had allowed the application submitted by Respondent 1’s husband for releasing his pension, which had earlier been rejected by appellant vide order dated 23-8-2022. The Division Bench of Rajiv Shakdher* and Amit Bansal, JJ., dismissed the appeal and held that there was no reason to interfere with the impugned judgment of the Single Judge. The Court opined that the per mensem rate of pension, which was Rs 3000, was minuscule, given the cost of living in a city like Delhi. Thus, appellant, if deemed necessary, might have to find resources, including increasing the rate of levy of cess, to shore up funds to extend benefits to building workers. Read more
GUJARAT HIGH COURT
‘Computation of 25% students strictly in compliance with S. 12(c) RTE Act’; Gujarat HC dismisses PIL against Gov. Resolution
In a Public Interest Litigation (‘PIL’) challenging the Government Resolution dated 04-08-2020, alleged to be in conflict with Section 12(c) of the Right of Children to Free and Compulsory Education Act, 2009 (‘RTE Act’), the Division Bench of Sunita Agarwal, CJ* and Aniruddha P. Mayee, J., dismissed the PIL for being wholly misconceived and lacking proper empirical data. Read more
JAMMU & KASHMIR AND LADAKH HIGH COURT
J&K Administration must pay compensation of 5 lakhs to a lawyer detained in preventive custody for more than 1080 days: J&K and Ladakh HC
While considering the instant matter wherein the petitioner challenged his detention by District Magistrate Pulwama acting under Section 8 of the J&K Public Safety Act, 1978 and subsequently approved by the Govt. of UT of J&K, the Bench of Rahul Bharti, J.*, preventive detention of the petitioner is mala fide and illegal, ab origine and ab intra. Read more
J&K and Ladakh HC directs resumption of defamation trial against Greater Kashmir vis-à-vis their articles alleging Rs 13 crore land sale by DAV School Management
While deciding the instant petition revolving around publication of two news items in the paper Greater Kashmir regarding allegations of selling the land belonging to DAV School to a private party, the Bench of Rahul Bharti, J.*, dismissed the petition stating that prima-facie the impugned articles, which were too loose ended, seemed to scandalise the situation rather than enlighten the public about the same. Read more
KARNATAKA HIGH COURT
Karnataka State Legislative Elections 2023 | Can Congress’s 5 Guarantees in their manifesto be termed as Corrupt Practices? Karnataka HC answers
While considering the instant petition wherein the petitioner had challenged the selection of successful candidate from Chamarajpet constituency in 2023 Elections conducted for the Karnataka State Legislature on the ground that the promises made by the Indian National Congress (INC) party in its manifesto particularly the 5 Guarantees, amounts to corrupt practices; the Bench of M.I. Arun, J.*, held that the 5 Guarantees of the Indian National Congress must be considered as social welfare policies and whether they are financially viable or not is altogether a different aspect. It is for the other parties to show that how implementation of the said schemes amounts to bankruptcy of the State Treasury and may lead to misgovernance of the State. The Court opined that it is possible that the guarantees can be termed as wrong policies under the given facts and circumstances of the case but cannot be termed as corrupt practices. Read more
Whether the Muslim Personal Law (Shariat) Application Act overrides Karnataka Stamp Act? Karnataka HC answers
While deciding the instant appeal wherein the question arose that whether the Muslim Personal Law (Shariat) Application Act, 1937 (Act of 1937), overrides Section 2(q) and Article 48 of the Karnataka Stamp Act 1957, which deal with the contract of “settlement”, the Bench of Anant Ramanath Hegde, J.*, held that Act of 1937 does not override the provisions of Karnataka Stamp Act. Thus, transfer of property by way of “settlement” is very much permissible even among the Mohammadans. Read more
Utterances such as “go and hang yourself” spoken while venting out anger, can’t become an ingredient for abetment to suicide under S. 306, IPC: Karnataka HC
While deciding the instant case wherein the deceased was told to go and hang himself for indulging in an illicit affair with the petitioner’s wife thereby setting in motion the wheels of law against the petitioner for abetment of suicide; the Bench of M. Nagaprasanna, J.*, considered the complaint, chargesheet and law laid down by the Supreme Court, and found that the petitioner had vented out his anger and had uttered words ‘go and hang yourself’ to deceased, however, this cannot mean that such an statement would become an ingredient of Section 107 of Penal Code, 1860, for it to become an offence under Section 306 of the IPC — abetment to suicide. Read more
MADRAS HIGH COURT
‘Corporal punishment is never a solution to guide a child’; Madras HC directs State Govt. to implement guidelines for elimination of corporal punishment in schools
In a writ petition filed by a father praying to direct the State to implement the Guidelines for Elimination of Corporal Punishment in Schools (‘Guidelines’) provided by the National Commission for Protection of Child Rights (‘NCPCR’) and further reliefs sought for are relating to grant of nominal compensation regarding the incident occurred to his daughter in the school, S.M. Subramaniam, J. has issued the following directions. Read more
Inside Madras HC verdict declaring TN Public Premises (Eviction of Unauthorised Occupants) Amendment Act, 2010 as unconstitutional
In writ petitions filed for declaring the Tamil Nadu Public Premises (Eviction of Unauthorised Occupants) Amendment Act, 2010 (‘Amendment Act, 2010 ‘) as void, and ultra vires the Constitution, being repugnant to the Waqf Act, 1995, the Division Bench of Sanjay V. Gangapurwala, CJ., and D. Bharatha Chakravarthy*, J., has held that the Amendment Act, 2010 is void in relation to the Waqf Act and hence ultra vires the Constitution. Further, the Court clarified that on application by the respective Wakf or otherwise, the Chief Executive Officer will be entitled to move such application before the Wakf Tribunal under the Wakf Act, 1995 (as amended) against the petitioners or such encroachers and the Tribunal shall consider the same in accordance with the law. Read more
Candidate not necessarily suffering from disability set out in RPwD Act but having special needs is entitled to reasonable accommodation: Madras HC
In a writ petition filed for directing the National Testing Agency (‘NTA’) to permit the petitioner into the examination hall by wearing diaper and permit the petitioner to change the diaper once or twice (as required) in between the time of examination i.e., 2.00 pm to 5.20 pm on the date of examination, G.R. Swaminathan, J. held that any candidate not necessarily suffering from disability set out in the Schedule to RPwD Act, 2016, but otherwise having special requirements or needs by virtue of her/his biological condition is entitled to reasonable accommodation. Read more
Read why Madras High Court refused anticipatory bail to Gangster Rocket Raja
In a petition filed by Gangster Rocket Raja under Section 438 of the Code of Criminal Procedure Code, 1973 (‘CrPC’) seeking anticipatory bail in a case registered for offences under Section 505(2) of the Penal code, 1860 read with Section 25(1A) of Arms Act, 1959, B. Pugalendhi, J. while considering the antecedents of Rocket Raja, and the fact that he has indulged in two communal violence murder cases and the ensuing elections, refused to grant anticipatory bail to Rocket Raja. Read more
Retrospective re-fixation of salary and pensionary benefits post-retirement is not in accordance with law: Madras HC
In a writ petition filed by the petitioner who was working as a Lab Assistant in the Madurai Kamaraj University (‘University’) and retired from service on in 1988, to quash the order passed by the University and consequently direct the State, and the University to reimburse the recovered amount to the petitioner with interest, R.N. Manjula, J., while quashing the impugned order passed by the University, has directed the State and University to reimburse the recovered amount to the petitioner with interest within a period of twelve weeks from the date of receipt of a copy of this order. Read more
MADHYA PRADESH HIGH COURT
‘Patwari is not God’; MP High Court directs to register FIR against Patwari for creating report to prove Former CM’s son title
In a petition filed by petitioner, son of former Chief Minister of the Madhya Pradesh, Govind Narayan Singh, claiming the ancestral possession of the land located in Rampur Baghelan of Rewa, based on patwari’s report, a single-judge bench comprising of Vivek Agarwal, J., held that Patwari may be a “demigod in the rural society but, he cannot supersede the legal provision” and tasked the Collector, Satna, with taking action against the involved Patwari for giving given a bogus report. Read more
Ujjain Sinhast Terror Alarm | MP High Court refuses to suspend sentence of man accused of creating potential Communal Disturbance
In an application for the suspension of the jail sentence under Section 389(1) of the Criminal Procedure Code, 1973 (CrPC) where the appellant was convicted for creating communal discord during ‘Sinhast’, a significant religious event at Ujjain, a single-judge bench comprising of Vijay Kumar Shukla, J., while acknowledging the gravity of the offense and its potential to disrupt public peace and the prosecution’s establishment of the case against the appellant, including through witness identifications and forensic evidence, affirmed the appellant’s conviction. Read more
ORISSA HIGH COURT
[Childbirth after sterilization] Orissa HC orders Rs. 30K compensation to woman who delivered child after sterilization, considering economic status
In a petition under Articles 226 & 227 of the Constitution of India, seeking the issuance of notices to the opposing parties and grant of a writ of mandamus, certiorari or any other suitable writ to give adequate compensation for the negligence attributed to the opposing party and to safeguard the future welfare of the unborn child in the mother’s womb, Dr. S.K Panigrahi, J. said that the contention raised by the petitioner lacked foundation in the law but considering the petitioner’s financial status, disposed of the writ petition by directing the opposite party to pay Rs. 30,000/- as compensation within 2 months from the date of the order. Read more
PUNJAB & HARYANA HIGH COURT
‘Well-meaning teacher facing trial for suicide of hypersensitive student will be travesty of justice’; Punjab and Haryana HC set aside abetment of suicide charge against a teacher
Present revision petition was preferred against the order dated 16-08-2019 passed by the Additional Sessions Judge, Jalandhar (‘the Trial Court’) and charge-sheet dated 16-08-2019 whereby a charge for the offence punishable under Section 305 of the Penal Code, 1860 (‘IPC’) was framed against the petitioner. Jasjit Singh Bedi, J.*, opined that by its inherent nature, the post of a teacher required discipling of students, which could include taking steps to curb their unruly behaviour or pushing them harder to improve their grades. In either situation, a teacher was likely to use harsh and aggressive language. Many students were unlikely to get affected by the act, conduct or language of a teacher. However, if a particular student, who had a hypersensitive nature, committed suicide, then it would indeed be a travesty of justice that a well-meaning teacher would have to face trial for abetment in such a scenario. Read more
‘Courtroom can still be a wild enough place without summoning spirits from beyond the grave’; Punjab and Haryana HC withdraw petition filed by a deceased man
In a petition filed on behalf of petitioner, almost a month after his celestial departure, Manjari Nehru Kaul, J., observed that seemingly petitioner’s counsel had filed the present petition on behalf of his departed client complete with a posthumous power of attorney, bearing a signature from beyond the grave. The Court opined that it was as if petitioner was orchestrating the ultimate legal prank from beyond the grave, and if it wasn’t enough to raise a courtroom chuckle, there was also an affidavit bearing the signature of the departed petitioner. The Court also issued an explicit warning and stated that petitioner’s counsel should take this warning seriously and avoid getting involved in such “otherworldly activities” in the future lest he becomes entangled in a complex situation beyond the ordinary. The Court stated that the courtroom could still be a wild enough place without summoning spirits from beyond the grave and considering the unconditional and unqualified apology tendered by petitioner’s counsel, withdrew the present petition. Read more
PATNA HIGH COURT
Patna HC orders Department of Police to pay Rs 2 lakh compensation to a man subjected to custodial violence and police atrocity
The present writ petition was filed by petitioner, alleging custodial violence perpetrated upon his son, and sought the following reliefs, (a) to direct respondents to act against Respondents 6 to 8 who had illegally arrested his son and beaten him badly by lathi, kicked, and punched and gave serious injury to him; (b) to act against respondents who arrested his son on 4-7-2017 and produced him before the Chief Judicial Magistrate on 8-7-2017, i.e., after four days, which was contrary to the provision of Sections 56 and 57 of the Criminal Procedure Code, 1973 (‘CrPC’); and (c) to direct respondents for any other appropriate writ/writs, order/orders, direction/directions, relief/reliefs for which petitioner was found entitle to. Read more
RAJASTHAN HIGH COURT
Cognizance taken by Magistrate and Additional Sessions Judge in parts is not legally permissible: Rajasthan High Court
In a criminal revision challenging the Additional Sessions Judge’s order taking cognizance against all accused, including petitioners, a single-judge bench comprising of Anoop Kumar Dhand, J., affirmed that after committal by the Magistrate, the Court of Sessions holds original jurisdiction and can take cognizance against accused persons not charged by the police. However, regarding the petitioners against whom cognizance was taken in parts by Magistrate and Additional Sessions Judge, the Court held such action is impermissible, as the same amounted to taking cognizance twice for different offenses by different courts at different stages. Read more
Dismissal of complaint for non-appearance not justified when case is transferred without intimation: Rajasthan High Court
In an criminal appeal challenging the order of dismissal of the criminal complaint for non-appearance of the complainant especially considering the continuous efforts of the complainant in prosecuting the accused respondents, a single-judge bench comprising of Anoop Kumar Dhand, J., allowed the appeal, quashed the impugned order, and directed the proceedings to continue from the stage they were in before the dismissal of the complaint. Read more
TELANGANA HIGH COURT
No statutory provisions to exempt PepsiCo from complying with Rule 6(1)(a) of Standards of Weights and Measures (Packaged Commodities) Rules, 1977: Telangana High Court
In the present writ petition, petitioner, PepsiCo India Holdings (P) Ltd. assailed the validity of the action of respondents in seeking to enforce and initiate proceedings for prosecution against petitioner for violation of Rule 6(1)(a) of the Standards of Weights and Measures (Packaged Commodities) Amendment Rules, 2006, in respect of the package material used by petitioner prior to 31-12-2007 on the ground that the same was illegal, arbitrary and unconstitutional. Petitioner prayed for a consequential direction to respondents not to take any action against petitioner in consonance with the directions issued by the Central Government dated 5-7-2007. The Division Bench of Alok Aradhe, CJ., and Anil Kumar Jukanti, J., dismissed the petition and held that petitioner’s contention that it was exempted from complying with Rule 6(1)(a) of the Standards of Weights and Measures (Packaged Commodities) Rules, 1977 (‘the 1977 Rules’) was misconceived. Read more
