ALLAHABAD HIGH COURT
‘Review is not an appeal in disguise’: Allahabad HC dismisses review application against Order of Remand
In an application filed under Section 114 of the Code of Civil Procedure, 1908 (‘CPC’) to seek a review of the judgment and order dated 07-08-2023 passed in by the High Court, wherein the Court allowed the appeal and remanded the matter to the Trial Court for fresh consideration of the injunction application with certain direction, Kshitij Shailendra, J. while upholding the maintainability of the application, dismissed it on grounds of merits leaving all contentions on rival claims open to be argued by both the sides in first appeal. Read more
Awards cannot be set aside on ground of erroneous application of law or by reappreciation of evidence until it suffers from patent illegality: Allahabad High Court
In an appeal filed by the State under Section 37 of the Arbitration and Conciliation Act, 1996 (‘the Act’) against the order passed by the Commercial Court, whereby, the Commercial Court rejected the application made by the State under Section 34 of the Act, seeking to set aside the arbitration award issued by the sole arbitrator , the Division Bench comprising of Arun Bhansali, C.J. and Vikas Budhwar, J., dismissed the appeal on the grounds of lack of merit as State failed to demonstrate any clear legal error or substantiate their allegations. Further, the Bench held that the extent of intervention in appellate proceedings according to Section 37 of the Arbitration and Conciliation Act, 1996 is confined to the grounds permissible under Section 34 for contesting the award, and the awards are not required to be set aside on the ground of erroneous application of law or by reappreciation of the evidence until and unless it suffers from patent illegality. Read more
Arbitration award cannot be set aside on erroneous application of law unless it is patently illegal: Allahabad High Court reiterates
In an appeal filed under Section 37 of the Arbitration and Conciliation Act, 1996 (‘the Act’) for setting aside the order passed by the Commercial Court, wherein the Court upheld the arbitrator’s award, Arun Bhansali, J. and Vikas Budhwar, CJ., while upholding the decision of the Commercial Court, observed that an award is not ‘patently illegal’ for mere erroneous application of law or appreciation of evidence. Read more
Lists of gifts exchanged during marriage should be maintained to avoid allegations of dowry: Allahabad High Court issues directions
In an application filed under Section 482 of the Code of Criminal Procedure, 1973, (‘CrPC’), Vikram D. Chauhan, J. took note of the fact that there were an alarming number of cases pertaining to allegations under the Dowry Prohibition Act, 1961 (‘DP Act’), amid matrimonial conflicts, that were being filed before the Court, and suggested that a list of gifts being exchanged at the time of marriage should be maintained, to avoid the allegations of dowry which are subsequently levelled in matrimonial dispute. Further, in view of the same, the Court issued certain directions. Read more
ANDHRA PRADESH HIGH COURT
Andhra Pradesh High Court directs ECI to consider whether pregnant women shall be permitted to cast their vote through postal ballot
Public interest litigation was filed to make a provision for enabling such like women who were in a family way, i.e. was pregnant to cast their vote through postal ballot. The Division Bench of Dhiraj Singh Thakur, CJ., and R. Raghunandan Rao, J., directed the respondents-Election Commission of India (‘ECI’) to consider as to whether pregnant women should be permitted to cast their vote through postal ballot or not. Read more
BOMBAY HIGH COURT
No Appeal lies u/s 117-A of Patents Act, 1970 against an Order passed u/s 21(1): Bombay HC reiterates
The present petition is an appeal under the provisions of Section 117-A of the Patents Act, 1970 (‘the Patents Act’) impugning the Order dated 16-8-2021 passed by the respondent. A Single Judge Bench of Firdosh P. Pooniwalla, J., held that since the petitioners have not complied with the requirements of the First Examination Report (‘FER’) within the time prescribed, the provisions of Section 21(1) would be applicable and therefore, the impugned Order has been correctly passed under the provisions of Section 21(1) and not under Section 15. The Court therefore dismissed the petition as being non-maintainable under the provisions of Section 117-A of the Patents Act. Read more
‘Objective of AAI (Leave) Regulations, 2003 is not to curb population’; Bombay HC directs AAI to grant maternity benefits to employee for third child
A petition was filed under Article 226 of the Constitution by petitioners seeking to challenge communications dated 28-1-2014 and 31-3-2014 issued by Respondent 2, Senior Manager (HR), Airport Authority of India, whereby Petitioner 2’s application for maternity leave benefit was rejected on the ground that she was having more than two surviving children and hence was not eligible for the grant of maternity leave as per the Airport Authority of India (Leave) Regulations, 2003 (‘AAI Leave Regulations’). Read more
Removal of minor daughter from father’s custody by mother without consent; Bombay HC directs repatriation of daughter to USA with her father
In a writ petition filed by a US-resident husband (father/petitioner) for the custody and repatriation of his minor daughter, who had been removed from the US by her mother (also resident in the US), without the consent or informing the husband, after an American County Court had issued temporary arrangement of custody of their daughter, the Division Bench comprising of Shyam C. Chandak* and A.S. Gadkari, JJ., allowed the petition and issued several time specific directions for the couple and directed that the minor daughter be repatriated to the US with her father and afforded the mother a choice of joining them. Read more
Bombay HC upholds Notifications changing the names of Aurangabad and Osmanabad to Chhatrapati Sambhajinagar and Dharashiv, respectively
A multitude of writ petitions, interim applications, and a couple of Public Interest Litigation (“PIL”) were joined into one PIL, before the division bench of Devendra Kumar Upadhyaya, CJ. * and Dr. Arif S, J., against the Notifications issued by the Government of Maharashtra for changing the names of Aurangabad and Osmanabad and their revenue areas. The division bench upheld the Notifications issued by the Government stating that they were legitimate and followed requisite procedure. The Court found no merit in the petitions and upheld the impugned Notifications, therefore dismissing the petitions. Read more
Bombay HC rejects plea to quash case against Former Andhra Pradesh CM Nara Chandrababu Naidu for assaulting police personnel
By way of separate applications under Section 482 of the Criminal Procedure Code, 1973 (‘CrPC’), applicants were seeking quashment of the crime, the charge-sheet and the criminal case registered with Dharmabad Police Station District Nanded on 20-7-2010 for offences punishable under Sections 353, 324, 332, 336, 337, 504, 506 read with Section 109 and Section 34 of the Penal Code, 1860 (‘IPC’). Read more
‘Will be a national loss’; Bombay HC refuses to withdraw qualification obtained by MBBS student on false OBC Certificate
By the present petition under Article 226 of the Constitution, petitioner seeks to challenge the action of Respondent 3, the Collector, Mumbai Suburban District and Respondent 4, Lokmanya Tilak Municipal Medical College and Hospital, vide communication dated 8-10-2013 and 1-2-2014 respectively by which petitioner’s admission to medical course in Respondent 4 was sought to be cancelled on account of invalidity of Non-Creamy Layer Certificate (‘Certificate’) based on which petitioner had taken admission. The Division Bench of A.S. Chandurkar and Jitendra Jain*, JJ., while rejecting petitioner’s plea to quash the aforesaid action of cancelling admission, held that it would not be proper to withdraw the qualification obtained by petitioner more so when she had qualified as a doctor even though the certificate was found to be obtained through incorrect information. Read more https://www.scconline.com/blog/post/2024/05/14/bombay-hc-orders-repatriation-of-us-born-minor-granted-joint-custody-to-parents/
DELHI HIGH COURT
Delhi High Court denies permission to a 20-year-old student to abort ‘viable and normal’ foetus
In a petition, the petitioner, a 20-year-old unmarried female NEET aspirant who approached the Court seeking permission to medically terminate her ongoing pregnancy of 27 weeks, was denied permission by a Single Judge Bench of Subramonium Prasad, J., while stating that the case of the petitioner does not fall within the four corners of the Medical Termination of Pregnancy Act, 1971 (‘Act’) and the Medical Termination of Pregnancy Rules, 2003 (‘Rules of 2003’) framed thereunder. Read more
Crucial to extend education to encompass concept of ‘Virtual Touch’ apart from ‘Good and Bad Touch’; Delhi HC rejects bail application of POCSO accused
In an application filed under Section 439 of the Code of Criminal Procedure, 1973, seeking bail in a case registered for offence punishable under Section 363 of the Penal Code, 1860 (‘IPC’), a Single Judge Bench of Swarna Kanta Sharma, J., dismissed the same and stated that in today’s virtual world, it is crucial to extend education regarding the concept of ‘virtual touch’ apart from ‘good touch’ and ‘bad touch’. Read more
[Aaj Tak Sting Operation] Certificate under Section 65B can be filed subsequently to ensure fair trial: Delhi HC remands matter back to Trial Court
In a criminal revision petition filed by the State assailing an order of the Trial Court wherein all accused persons were discharged for offences under the Prevention of Corruption Act, 1988 (‘PC Act’) due to inadmissibility of evidence as it was not accompanied by the certificate in terms of Section 65-B of the Evidence Act, 1872 in a sting operation conducted by news channel Aaj Tak showcasing an audio video recording of the assessing authorities and other officials of Sales Tax Department, Delhi accepting bribes in order to deal with the files. VIKAS MAHAJAN, J. remanded the matter back to the Trial Court, noting that certificate under Section 65-B of the Evidence Act, 1872 (‘Evidence Act’) can be filed subsequently with the supplementary charge sheet in support of the electronic evidence to ensure a fair trial without causing irreversible prejudice to the accused. Read more
[SPARX v HRX] Delhi High Court refuses injunction against Hrithik Roshan’s XS Brands Consultancy for using mark ‘X’
A suit was filed by Relaxo Footwears Limited (plaintiff), seeking permanent injunction restraining the ‘HRX’/‘HRX BY HRITHIK ROSHAN’ (defendants) and all those acting for/on their behalf from manufacturing, selling, advertising, dealing with, in any manner footwear, apparel, accessories, and other products using the mark (‘impugned mark’ or ‘defendants’ X mark’) or any other mark identical or deceptively similar to the plaintiff’s trademark (‘plaintiff’s X mark’). Anish Dayal, J., held that having spent substantially on developing their brand to be distinctive, it cannot be said that the defendants have dishonestly adopted the plaintiff’s ‘X’ device mark, since it would not be of any substantial purpose. Read more
Delhi High Court grants bail to accused for having a sexual relationship on the false pretext of marriage
A bail application was filed under Section 439 of the Code of Criminal Procedure, 1973, by the applicant, being accused in a case of having a sexual relationship with the victim on the false pretext of marriage. A Single Judge Bench of Navin Chawla, J. granted bail to the accused stating that it was a consensual relationship between two adults where a promise to marry may not have been a motivating factor for a sexual relationship. Read more
Can the issue of limitation be decided in a petition under Section 11 of the Arbitration Act? Delhi High Court answers
In a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 (‘the Act’), Prateek Jalan, J., allowing the petition, observed that the issue of limitation can be examined by the Court in a petition under Section 11 of the Act, only if the limitation is plainly apparent from the petition and the accompanying documents filed. Read more
‘Wholly Misconceived’; Delhi HC dismisses petition seeking FIR against PM Narendra Modi for allegedly delivering hate speech
A petition was filed seeking to direct the Respondent-Election Commission to take immediate action by filing First Information Reports (FIRs) to protect communal harmony and peace, against candidates who delivered hate speeches in violation of the Model Code of Conduct (‘MCC’). Sachin Datta, J. dismissed the petition while stating that the pre-suppositions made by the petitioners were wholly misconceived. Read more
‘Cattle in dairies next to landfills feed on hazardous waste; their milk would have serious consequences on humans consuming’; Delhi HC issues directions for relocation of dairies
In a Public Interest Litigation (PIL) relating to dairy colonies situated in close proximity to landfill sites within Delhi, the Division Bench of Manmohan*, Acting CJ., and Manmeet Pritam Singh Arora, J., expressed concern and stated that not only does this pose an imminent threat to public safety, but that problem was massive, which was made worse by the complete failure of the authorities and those involved to act promptly, despite repeated instructions from the court to take measures to mitigate the same. Read more
Delhi HC directs Chief Secretary to implement Committee recommendations to cure defects in current medical system to avail financial assistance
In a writ petition filed seeking direction to the respondents to perform the hip and knee replacement surgery on the petitioner free of cost, the Division Bench of Manmohan Acting C.J.*, Manmeet Pritam Singh Arora. J., while accepting the recommendation made by the Committee constituted by this Court for the purpose of streamlining the process and curing the defects in current medical system for availing financial assistance under various government schemes in the hospitals of National Capital region, directed the Chief Secretary, Government of National Capital Territory of Delhi (GNCTD) to take steps for better implementation of recommendations. Read more
Can the Court order disclosure of identity information of an Aadhaar cardholder? Delhi High Court answers
In a petition filed by the State (NCT) of Delhi (‘State’) under Section 482 of the Code of Criminal Procedure, 1973 (‘CrPC’) read with Section 33(1) of the Aadhaar Act, 2016 (‘Aadhaar Act’) seeking directions to verify Aadhaar details of an accused with the data bank of the Unique Identification Authority of India (UIDAI), Manoj Kumar Ohri, J., allowed the State’s plea and directed UIDAI to provide the requested Aadhaar information. Read more
Delhi High Court restrains Hindustan Unilever Limited from comparing ‘Ponds’ with ‘Nivea’, holds comparison to be misleading
In an application alleging dishonest conduct due to usage of signature elements of ‘Nivea’ products filed by plaintiff-Beiersdorf to restrain infringement of trade mark, unfair trade practice, disparagement, dilution, and damages against defendant-Hindustan Unilever Limited (‘HUL’), a Single Judge Bench of Anish Dayal, J., restrained HUL from conducting the impugned activity of comparing Nivea products with that of Ponds, while holding the same to be misleading and disparaging. Read more
Delhi High Court issues show cause to advocate for writing derogatory comments in chat box during virtual hearing
A review application was filed by a practicing advocate challenging the dismissal of a petition filed seeking to set aside an order dated 10-10-2023 passed by the Additional Sessions Judge (ASJ), South East District, Saket Courts, a Single Judge Bench of Anoop Kumar Mendiratta, J. directed the advocate to show-cause as to why the notice for contempt be not issued and contempt proceedings be initiated against him for consideration in accordance with law. Read more
Delhi High Court grants interim injunction in favour of Bulgari S.P.A for its design infringement of Serpenti Necklace by Amaris Flagship
A suit was filed by Bulgari SPA (plaintiff) seeking to restrain the defendants from manufacturing infringing goods alleging trademark infringement and passing off. Sanjeev Narula, J. granted ad-interim injunction in favour of the plaintiffs stating that the plaintiff has made out a prima facie case in their favour and they will suffer an irreparable loss and balance of convenience also lies in their favour. Read more
[FMGE] Delhi High Court refuses provisional registration as medical practitioner due to criminal case pending for impersonation
In a writ petition filed, seeking issuance of mandamus against respondents to grant conditional permanent registration to practice as a doctor. A Single Judge bench of Subramonium Prasad, J*. rejected the plea for granting provisional registration to practice as a medical practitioner due to pendency of criminal case over petitioner. Read more
Delhi High Court restrains franchisor to sell poor quality food items under the name of BURGER SINGH after termination of Franchise Agreement
In a suit filed by Tipping Mr. Pink Private Limited (petitioner) seeking injunction to restrain the Savera Eats (respondents) from using the infringing mark “BURGER SINGH” and violating the petitioner’s trademark rights. A Single Judge Bench of Sanjeev Narula, J., * restrained respondents from using the petitioner’s registered trademark “BURGER SINGH” or any other mark which is identical or deceptively similar to the petitioner’s mark and appointed a Local Commissioner with a power to preserve any infringing material which can be destroyed by the respondent. Read more
Delhi High Court reverses acquittal of father for sexually assaulting his minor daughter
In a criminal application filed by the State after being aggrieved by the decision of the Trial Court wherein an accused-father who had been sexually assaulting his daughter repeatedly for two years was acquitted, a Division Bench comprising Suresh Kumar Kait and Manoj Jain*, JJ. reversed the decision while holding that the evidence had been misread and misinterpreted by the Trial Court. Read more
‘Seat of arbitration is the place where arbitral proceedings are anchored’; Delhi High Court rejects petition filed u/s 34 of Arbitration Act
In a petition under Section 34 of the Arbitration and Conciliation Act, 1996 (‘Arbitration Act’) filed to challenge an arbitral award passed by the District Level Micro and Small Enterprises Facilitation Council, Pathankot (‘Facilitation Council’) constituted under the Micro, Small and Medium Enterprises Development Act, 2006 (‘MSME Act’), a Single Judge Bench of Prateek Jalan, J. rejected the petition while stating that the circumstances of the case do not suggest that the seat of arbitration was at any place other than the venue. Read more
[Karim’s v. Karin’s] Delhi High Court rules in favour of Karim’s trademark in infringement suit
In a suit for trademark infringement filed by Karim’s Hotel Pvt Ltd. (‘Karim’s’) (plaintiff) against the defendant for using the mark and name ‘Karins’s’, the Single Bench of Sanjeev Narula, J., granted relief to Karim’s, while noting that the use of the mark ‘Karin’s’ by the defendant was indistinguishable from the mark of the plaintiff ‘Karims’s’, and further that it was a deliberate attempt by the defendants to deceive consumers. Read more
Delhi High Court sets aside Assessment Order passed against Bausch and Lomb for violation of natural justice principles
In a petition filed by Bausch and Lomb India Pvt. Ltd. impugning an assessment order dated 26-03-2024 passed under Section 143(3) read with Section 144-B of the Income Tax Act, 1961 (‘Act’), a Division Bench comprising of Vibhu Bakhru* and Tara Vitasta Ganju, JJ. set aside the impugned order while stating that the same was unsustainable and against the principles of natural justice. Read more
‘Worked on a higher post for more than 14 years’; Delhi HC quashes demand for recovery of differential higher salary paid after demotion
In a writ petition filed under Articles 226 and 227 of the Constitution seeking quashing of the order dated 25-08-2015 (‘impugned order’) passed by the Central Administrative Tribunal, the Division Bench of Rekha Palli and Saurabh Banerjee*, JJ., while setting aside the impugned order, held that the demand made by the respondents for the refund of the differential higher amount paid to petitioner stand quashed. The Court directed that the terminal benefit of the petitioner including pension would be fixed based on the higher pay scale, which petitioner received for more than 14 years”. Read more
JHARKHAND HIGH COURT
Jharkhand High Court dismisses criminal contempt proceedings against State’s Advocate General and Additional Advocate General
In a present criminal contempt proceeding registered against the Advocate General and Additional Advocate General (‘respondents’), following the order passed in Bijay Kumar Agrwal v. Union of India, WPCR No. 139 of 2021, the Division Bench of Shree Chandrashekhar, ACJ* and Ambuj Nath, J., opined that without framing a charge and affording an opportunity to the respondents to explain their conduct, a reference under section 17 of the Contempt of Courts Act, 1971 (‘the Act’) for registering a criminal contempt proceeding against the respondents was not maintainable. The Court opined that this reference against respondents contravened the provisions under Section 15(3) of the Act and the rules of natural justice and therefore, was liable to be discharged. Read more
‘Unjust retention of money or another’s property is against fundamental principles of justice, equity and good conscience’; Jharkhand HC imposes Rs. 5 lakhs cost on JBVNL
Petition was filed by the petitioner to direct Respondent 2-Jharkhand Bijli Vitran Nigam Limited (‘JBVNL’) to issue TDS Certificate for Rs. 2,90,32,000 deducted as Income Tax at the rate of 2% from the bills raised by petitioner towards supply of materials. The Division Bench of Shree Chandrashekhar, ACJ.*, and Navneet Kumar, J., opined that the JBVNL had no authority in law to withhold Rs. 2,90,32,000 as “kept back” amount for the purpose of litigation with the Income Tax Department. Therefore, the Court held that the action of the JBVNL in withholding Rs. 2,90,32,000 was illegal and deprecated, and cost must be imposed upon it. Read more
Jharkhand HC directs Central Coalfields Limited to constitute Medical Board to determine age of man seeking compassionate appointment on his father’s death
In a petition filed by the petitioner claiming compassionate appointment on death of his father, S.N. Pathak, J., opined that once the law was deemed to be legitimate, it would be impermissible to exclude from being considered under the policy. The exclusion of one class of legitimate children from seeking compassionate appointment merely on the ground that applicant’s mother was a plural wife of the deceased employee would fail to meet the test of a reasonable nexus with the objective sought to be achieved. Further, the Court opined that it was the Medical Board to ascertain and determine the age of the employee in case of any dispute. Thus, the Court directed the respondents to constitute a Medical Board comprising one of the experts in the field, regarding determination of age of the petitioner. Read more
KARNATAKA HIGH COURT
Karnataka HC directs Bar Council of India to update its website to reflect the current status of affiliated law colleges/universities
While considering the instant petition seeking the writ of Mandamus directing the Bar Council of India (BCI) to update their “Approved List of CLE’s (Law Colleges/Universities)” published on its website, to reflect the extension of approval of affiliation / recognition granted to the petitioner institution i.e. BMS Law College; the Bench of Suraj Govindaraj, J.*, directed the BCI to consider the representation of the petitioner institution dated 13.02.2024 and make such changes as required in the approved list of CLE’s (Law Colleges/Universities) published on the website. Read more
KERALA HIGH COURT
Can charges be altered under S. 216 CrPC, or is it solely a judicial prerogative? Kerala HC answers
While deciding a petition under Section 482 of the Code of Criminal Procedure, 1973 (‘CrPC’), challenging an order of the Additional District & Sessions Court (For the trial of cases relating to Atrocities & Sexual Violence against Women and Children), (‘Sessions Court’) for alteration of charges framed, t Bechu Kurian Thomas, J., observed that alteration or addition of charges must be based on the Court’s satisfaction and not on a party’s application. Read more
MADRAS HIGH COURT
Madras HC directs ASI and Archaeological Department to conduct survey of toilet and cafeteria constructed within protected area of 1000 years old Shiva Temple
In a writ petition filed under Article 226 of the Constitution of India, the petitioner seeks the issuance of a writ of Mandamus against the Archaeological Survey of India, Department of Archaeology, and Hindu Religious and Charitable Endowment (respondents) , pleading the removal of recent constructions and restoration of the original physical features within a 300-meter radius from the outer compound wall of the Arulmigu Gangaikonda Cholisvarar Temple, as per the Rules of the Archaeological Survey of India, the division bench comprising of Sanjay V. Gangapurwala *, C.J., and J. Sathya Narayana Prasad, J., has directed Archaeological Survey of India and Department of Archaeology to conduct a thorough survey of the toilet and cafeteria constructed within the protected area and confirm the safety of the erection concerning the protected monument. Read more
Madras HC directs ASI and Archaeological Department to conduct survey of toilet and cafeteria constructed within protected area of 1000 years old Shiva Temple
In a writ petition filed under Article 226 of the Constitution of India, the petitioner seeks the issuance of a writ of Mandamus against the Archaeological Survey of India, Department of Archaeology, and Hindu Religious and Charitable Endowment (respondents) , pleading the removal of recent constructions and restoration of the original physical features within a 300-meter radius from the outer compound wall of the Arulmigu Gangaikonda Cholisvarar Temple, as per the Rules of the Archaeological Survey of India, the division bench comprising of Sanjay V. Gangapurwala *, C.J., and J. Sathya Narayana Prasad, J., has directed Archaeological Survey of India and Department of Archaeology to conduct a thorough survey of the toilet and cafeteria constructed within the protected area and confirm the safety of the erection concerning the protected monument. Read more
Madras HC directs police to provide security for organization of dance and music events during temple festivals
In a writ petition filed under Article 226 of the Constitution of India seeking to annul the proceedings and to direct the Police to give permission for conducting music and dance programme during the festival time on 18-05-2024 , the Single Judge K. Kumaresh Babu, J., while setting aside the impugned order, directed the Police to grant protection for conducting dance and music in accordance with law. Read more
MADHYA PRADESH HIGH COURT
MP High Court issues notice to Kareena Kapoor Khan for use of word ‘Bible’ in her pregnancy book’s title
In a petition filed before this Court in 2022 where the applicant sought the registration of a case against actor Kareena Kapoor Khan and six others for their involvement in naming her book on pregnancy “Kareena Kapoor Khan’s Pregnancy Bible”, a single-judge bench comprising of G.S. Ahluwalia, J., issued notices to the respondents, including publishers and sellers, within seven days and sought an explanation from Kareena Kapoor Khan regarding the use of the word “bible” in the title. Read more
‘Throwing 13-month-old child on floor’ in courtroom: MP High Court rejects application for FIR quashment in light of serious allegations
In an application seeking to quash a FIR and discharge from charges, a single-judge bench comprising of G.S. Ahluwalia, J., dismissed the application seeking the quashing of the FIR against the applicant and held that appellant’s conduct, including attempting to kill her child and disrupting court proceedings, warranted legal action and no sympathetic view could be adopted in the matter. Read more
Contempt of Court | MP High Court imposes ₹1 lakh cost on news editor for vilification of a sitting judge in a 2011 news report
In a criminal contempt petition against the editor of a Hindi newspaper in Gwalior for publishing a news report “Sarvoch Nayalaya Aaj Ki Tarah Nishpakch ho jai to Judge Shri Mody Ji Ko Jail Mein Hona Tha” against one of sitting judges of the Madhya Pradesh High Court, Justice Modi in 2011, a division bench comprising of Ravi Malimath, CJ., and Milind Ramesh Phadke,* J., held that the respondent’s actions indeed constituted criminal contempt of court under Section 2(c) of the Contempt of Courts Act, 1971. The Court noted that despite warnings and opportunities to retract statements, the respondent persisted in justifying the publication, demonstrating a lack of remorse, and imposed a fine of Rs. 2,000/- and costs of Rs. 1,00,000/- to the M.P. High Court Bar Association, Gwalior, as punishment. Read more
State Bar Council’s refusal to grant separate recognition to High Court Advocates Bar Association not arbitrary: MP High Court
In a writ petition challenging an order issued by the Bar Council of Madhya Pradesh (Recognition Committee) which denied separate recognition to the petitioner, High Court Advocates Bar Association, a division bench comprising of Vivek Agarwal* and Avanindra Kumar Singh, JJ., held that the State Bar Council’s decision to deny separate recognition to the petitioner Association was not arbitrary or illegal as no evidence of discrimination, illegality, irrationality, or procedural impropriety was found in the decision-making process of the State Bar Council. The Court held that the petitioner Association failed to demonstrate any violation of their rights under the Advocates Act, 1961 or the relevant state legislation. Read more
MP High Court permits termination of minor rape survivor’s pregnancy despite exceeding 24 weeks gestation
In an appeal against the dismissal of writ petition seeking termination of minor rape survivor’s pregnancy, a division bench comprising of Ravi Malimath, CJ., and Vishal Mishra,* J., permitted the termination of the appellant’s pregnancy despite exceeding 24 weeks gestation under specific conditions, including the presence of expert medical personnel, provision of post-operative care, and safeguarding of DNA evidence for potential use in the criminal case against the perpetrator, considering her status as a minor rape survivor and relevant medical risks. Read more
Insurance Company not liable if owner fails to produce evidence showing verification of driver’s skills before employment: MP High Court
In an appeal against an award passed by the Motor Vehicles Tribunal (Tribunal), seeking to set aside the principle of pay and recover applied by the Tribunal, a single-judge bench comprising of Achal Kumar Paliwal, J., upheld the Tribunal’s decision to apply the principle of pay and recover, dismissing the appellant’s appeal due to lack of evidence showing the owner’s verification of the driver’s skills and competency before employment, as required by the principles laid down in Rishi Pal Singh v. New India Assurance Co. Ltd., 2022 SCC OnLine SC 2119. Read more
PUNJAB & HARYANA HIGH COURT
‘Proceedings under PMLA are always subservient to primary proceedings’; Punjab and Haryana HC close ED proceedings arising out of ECIR in light of acquittal in primary offence
Petitioners had filed the present petition under Section 482 of the Criminal Procedure Code, 1973 (‘CrPC’) seeking to quash the registration of Enforcement Case Investigation Report (‘ECIR’) registered against petitioners. Anoop Chitkara, J.*, opined that the proceedings under PMLA were always subservient and secondary to the primary proceedings under some principal criminal offence, which was termed as the predicate offence. If the violations of the main criminal penal provisions were mentioned in the PMLA schedules, only then the Enforcement Directorate (‘ED’) could inquire against the persons who laundered the money, including or excluding the persons named as accused in the primary offence. Read more
PATNA HIGH COURT
Husband could not be allowed to play with the dignity of his wife at this own will; Patna High Court denies anticipatory bail to husband
In the present petition, the petitioner-husband seeks pre-arrest bail in a criminal matter registered for offences punishable under Sections 323, 498-A and 406, 34 of the Penal Code, 1860 and Sections 3 and 4 of the Dowry Prohibition Act, 1961. The Single Judge Bench of Purnendu Singh, J., while dismissing the pre-arrest bail application held that that the husband couldnot be allowed to play with the dignity of his wife at his own will. Read more
RAJASTHAN HIGH COURT
Advocates not to blindly follow client’s ‘unethical, illegal, or contrary to principles of justice’ instructions: Rajasthan High Court
In a petition seeking the quashing of FIR alleging fraud in a long-standing business relationship between the parties, a single-judge bench comprising of Anil Kumar Upman,* J., quashed the FIR and all subsequent proceedings, deeming their continuation as an abuse of the legal process as the FIR primarily stemmed from a commercial relationship gone sour, lacking the essential ingredients of criminal offenses. The Court reaffirmed the principle that criminal proceedings should not be used to settle civil or commercial disputes and emphasised on the importance of maintaining a clear distinction between criminal and civil matters to prevent abuse of the legal system. Read more
TRIPURA HIGH COURT
Explained| How Tripura High Court’s order led to building legal regime for protection of captive animals/seized wild animals
The present Public Interest Litigation (‘PIL’) was filed by an animal right activist seeking appropriate action by the State, inter alia, to take custody of an abused elephant along with her calf/calves from their owner. The Division Bench of Aparesh Kumar Singh, CJ., and Arindham Lodh, J., applauded State Government after being satisfied that all necessary action had been taken to rehabilitate the unprotected animals in question. Read more
UTTARANCHAL HIGH COURT
[Baba Tarsem Singh Murder Case] Uttaranchal HC dismisses Former IAS Officer Harbans Singh Chugh’s plea to quash FIR
By the present writ petition filed under Article 226 of the Constitution, petitioner challenged FIR, lodged on 28-3-2024, for the offences punishable under Sections 302, 120-B, and 34 of the Penal Code, 1860, at Police Station, Nanakmatta, Udham Singh Nagar. Rakesh Thapliyal, J., noted that the investigation was still on going and for the same, the custodial interrogation was necessary, particularly when the open firing on Baba Tarsem Singh was caused by the two shooters who came from the State of Punjab and stayed in Bhai Mardana Yatri Niwas, Nanakmatta (‘Sarai’) for 10 days which was headed by petitioner, therefore, at this stage, the Court opined that any interference with the investigation was unwarranted. The Court thus dismissed the petition being devoid of any merit. Read more
