High Court weekly Roundup


When can an order under Section 125 CrPC be modified or recalled? Allahabad High Court clarifies

In an application filed under Section 482 of the Code of Criminal Procedure (CrPC)’ by the applicant challenging the order passed by the Family Court, recalling an ex-parte order which had dismissed a maintenance application filed by the applicant’s wife and daughter under Section 125 CrPC for want of prosecution, Arun Kumar Singh Deshwal, J., while dismissing the application, noted that Section 125 CrPC is a social justice legislation and upon fulfilling certain conditions, order passed under Section 125 CrPC can be recalled or modified. Read more

Allahabad HC allows practice of Electro Homeopathy, but practitioners cannot use ‘Doctor’ prefix

In a writ petition filed for quashing the circular issued by the Union of India (‘Union’) and Government Order dated 01-06-2004 issued by the State of Uttar Pradesh, and for non-interference by the Union and consequential relief of permitting the petitioner to practice Electro Homoeopathy system of alternate Medicine in the State till the rules in that regard are framed by the competent authority, the division bench of Vivek Chaudhary and Om Prakash Shukla*, JJ. held that the petitioners can practice Electro Homeopathy so long as it is not banned by any competent authority. However, they cannot use the prefix “Doctor” before their name. Accordingly, the Court also issued a direction for non-interference by the authorities concerned and consequential relief of permitting the petitioners to practice Electro Homeopathy system of medicine in the State of Uttar Pradesh, till the rules in that regard is framed by the competent authority. Read more

Which judgment is binding when coordinate benches of Court have conflicting decisions? Allahabad HC answers

While dealing with applications under Section 2-A of the Arbitration and Conciliation Act, 1996 (‘the Act’), for extending the mandate of the Arbitral Tribunal, Shekhar B. Saraf, J., held that when there exists conflicting judgments from two coordinate benches, an earlier decision by a coordinate bench binds subsequent benches unless specifically overruled by a larger bench. Read more


University’s functioning cannot be at the cost of employee’s welfare: Bombay HC orders SNDT Women’s University to pay pensionary benefits

In the present writ petitions, petitioners who are retired employees of Respondent- Shreemati Nathibai Damodar Thackersey Womens University (‘University’) seek payment for their pensionary benefits which are not being paid as per the 7th Pay Commission. The Division Bench of Nitin Jamdar and M.M. Sathaye, JJ., directed the University to commence payment of pensionary benefits to petitioners including dearness allowance as per 7th Pay Commission from 1-7-2024 onwards. Read more

“Interests of securing higher profits must yield before the safety of lakhs of passengers using the platform”: Bombay HC

In a writ petition filed by a catering stall operator under Article 226 of the Constitution, against the policy order issued by the Railway Administration to relocate 8 stalls including the petitioner’s, at Mumbai’s Dadar Railway Station, to aid decongestion; the Division Bench of Sandeep V Marne* and Dr. Neela Gokhale, JJ., dismissed the petition finding that the order was beyond the scope of interference under the Article 226. The Court further held that the interest of safety of lakhs of passengers was paramount over the interest of gaining higher profits of the petitioner. Background. Read more

[Unjust Enrichment] Bombay High Court directs for refund of amount deposited with Sub-Divisional Officer on account of cancellation of event

In a writ petition filed under Article 226 of the Constitution of India (“Constitution”) before the Division Bench of MS Karnik & Kamal Khata*, JJ., for seeking a refund of amount deposited with the Sub-Divisional Officer (“SDO”), Mumbai Western Suburbs, as a part of the application process to secure the Mumbai Metropolitan Region Development Authority (“MMRDA”), Ground as the venue for an event, the Court held that in the instance of cancellation of the event, the SDO was obligated to issue the refund as the opposite amounts to an unjust enrichment. Read more

‘Time limit for sample analysis must be scrupulously followed’; Bombay HC sets aside penalty imposed on TATA Chemicals Ltd. for selling substandard iodized salt

The appellants filed the present appeal under Section 71(6) of the Food Safety and Standards Act, 2006 (‘the Act’) being aggrieved by the order dated 13-10-2016 passed by the Food Safety Appellate Tribunal, Buldhana (‘Tribunal’), whereby the Tribunal dismissed a previous appeal and upheld the order passed by the Adjudicating Officer and Joint Commissioner, Food and Drug Administration, Amravati. Anil L. Pansare, J., quashed and set aside the orders of the Adjudicating Officer and the Tribunal and held that a penalty of Rs 2,00,000 cannot be imposed on appellants for manufacturing and selling substandard Iodized Salt as the report of Referral Food Laboratory, Ghaziabad (‘RFL’) suffered from non-compliance of mandatory time limit for sample analysis. Read more

Bombay High Court reinstates government employee terminated by State issuing a stigmatic order without conducting enquiry

In a writ petition filed by the State against the judgment of Maharashtra Administrative Tribunal (“MAT”), reinstating the respondent Government employee on probation whose services were terminated on the grounds of misconduct, the Division Bench comprising of AS Chandurkar* and Jitendra Jain, JJ., upheld the MAT judgment holding that the petitioners did not follow the Maharashtra Engineering Administrative Service (Recruitment) Rules, 2017 (“2017 Rules”), under which the appointment of the respondent was made. The Court found that the Government order terminating the services of the respondent was stigmatic in nature and no enquiry was conducted vis-a-vis the respondent’s alleged misconduct as mandated by the 2017 Rules. Read more

‘Leave encashment once earned, constitutes employee’s property’; Bombay HC directs bank to pay encashment of privileged leave to its former employees

In the present case, the question was whether the petitioners had lost their right to encash privilege leave because they resigned from the services of the respondent-Vidharbha Konkan Gramin Bank (‘the Bank’). The Division Bench of Nitin Jamdar* and M.M. Sathaye, JJ., opined that any attempt to deprive an employee of pension, gratuity, or leave encashment without a statutory provision, is untenable. Thus, the Court held that the petitioner’s accrued right of encashment of privilege leave could not be rejected by the Bank and therefore, directed the Bank to pay the amount of leave encashment to the petitioners along with interest at 6% per annum. Read more

Payment of Gratuity Act 1972 is applicable to anganwadi workers and helpers working in the State: Tripura HC reiterates

S. Datta Purkayastha, J., held that the Payment of Gratuity Act, 1972 (‘the Act’) was applicable to anganwadi workers and anganwadi helpers working in the State of Tripura. The Court quashed the impugned memorandum dated 11-08-2023 of Respondent 4, the Director, Social Welfare & Social Education Department, Government of Tripura, whereby, gratuity was denied to petitioners and thus directed Respondents 1 to 11 to make the payment of gratuity to petitioners as per their eligibility in terms of the provisions of the Act. Read more


Calcutta High Court orders Durga Puja Committee to plant saplings around Salt Lake as remedy for illegal tree cutting during 2023 Celebrations

A petition was filed by the petitioner alleging that the private respondents, who are all involved in organizing Durga Puja, illegally and without obtaining any permission have cut down several trees for putting up puja pandal, erecting high-powered Halogen lights. A division bench of T S Sivagnanam, CJ., and Supratim Bhattacharya, JJ., held that the puja committee did not obtain prior permission of various departments before illegally cutting, pruning, trimming and destruction of threes which are in public places, and which are also being classified as non-forest area. Therefore, the committee must be held responsible for such an act and are bound to not only pay a fine to compound the offences under the Act and are directed to take remedial measures. Read more


‘Failed to comply with Section 15 of Juvenile Justice Act, 2015’: Chhattisgarh HC sets aside the order directing juvenile to be tried as an adult for murder of his parent

Revision petition was filed by the applicant, who was a juvenile in conflict with the law, challenging the order dated 02-03-2023 passed by Additional Sessions Judge, Fast Track Special Court (POSCO Act), Raigarh (‘the Appellate Court’), whereby the order of Juvenile Justice Board, Raigarh (‘the Board’) was affirmed. Parth Prateem Sahu, J., opined that it was clear from the report of the experts relied upon by the Board that, experts had not assessed the juvenile as mandated under Section 15 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (‘the JJ Act’). Further there was also no discussion of circumstances in which the juvenile had allegedly committed the offence. The Court opined that in the absence of detailed assessment as mandated, the Court failed in its duty to comply with Section 15 of the JJ Act. Thus, the Court opined that the order of the Board under Section 15 of the JJ Act dated 05-01-2023 and the impugned order dated 02-03-2023 was not sustainable and they were set-aside. Read more


Delhi HC dismisses petition challenging auction for operating Janaushadhi Shop at Safdarjung Hospital under Pradhan Mantri Bhartiya Janaushadhi Scheme

In a writ petition filed seeking quashing of the auction for operation of ‘Janaushadhi Shop’ at Safdarjung Hospital, Delhi as the terms related to high turnover and prior experience were arbitrary and irrational, the Division Bench of Manmohan Acting C.J.*, Manmeet Pritam Singh Arora. JJ., said that the decision of tendering authority of forming such terms as higher turnover and prior experience is not arbitrary as there is presumption that an entity with higher net worth may enhanced managerial capacity to deal with a shop which has a high turnover. Therefore, Court dismissed the present petition. Read more

Delhi High Court initiates contempt against advocate for writing derogatory comments in chat box during virtual hearing

A petition was filed by an advocate seeking to set aside the orders of the MM and the ASJ wherein the investigation and registration of FIR was declined concerning the alleged rape of his wife by her cousin when she was 16 years old since the wife of the petitioner did not come forward with any complaint/allegation of commission of offence, as alleged. In the last hearing, the Delhi High Court vide order dated 06-05-2024 granted the petitioner an opportunity to respond to derogatory comments placed by him in the Chat Box and explain why a contempt show cause notice must not be issued against him. Anoop Kumar Mendiratta, J., directed the Registrar General to place the records of the judicial proceedings before the Acting Chief Justice for referral to the Division Bench handling criminal contempt and register the case as Court on its own Motion v. Sanjeev Kumar, because the petitioner’s reply to the show-cause notice was also found to be grossly contemptuous and full of intemperate language against various judicial officers. Read more

Delhi HC restrains entities from infringing Jackie Shroff’s publicity and personality rights including his name, voice and image for commercial gains

In a civil suit filed by famous actor Jackie Shroff (‘plaintiff’), seeking protection of his publicity/personality rights against unauthorized misuse, the Single Judge Bench of Sanjeev Narula*, J., held that the balance of convenience lied in favour of plaintiff and had established a prima facie case for grant of an ex-parte injunction. Thus, the Court restrained several defendants from infringing the plaintiff’s personality/publicity rights and held that Order XXXIX Rule 3 of the Code of Civil Procedure, 1908 be complied with within one week from 15-05-2024. Read more

Delhi High Court sets aside arbitral award due to violation of S. 12(5) Arbitration Act

A petition under Section 34 of the Arbitration and Conciliation Act, 1996, (‘the Act’) was filed by Union of India (‘UoI’), the petitioner, for setting aside an award passed by the sole arbitrator on the ground that the arbitrator was appointed unilaterally by UoI. Jasmeet Singh, J., while allowing the petition, held that an award passed by an arbitrator who is appointed unilaterally is a nullity and is liable to be set aside. Read more

Obligation to stay proceedings in contingencies spoken of in S.124(1) of the Trade Marks Act does not stand obviated consequent to abolition of IPAB: Delhi High Court

In a matter concerning the effect of a rectification petition on the stay of suit proceedings as per Section 124 of the Trade Marks Act, 1999 (‘Act’), a Division Bench of Yashwant Varma*, and Ravinder Dudeja, JJ., partly overruled Sana Herbals Pvt. Ltd. v. Mohsin Dehlvi, 2022 SCC OnLine Del 4482 (‘Sana Herbals’) while stating that the obligation to stay proceedings as per Section 124(1) of the Act does not stand obviated as a consequence of the abolition of the Intellectual Property Appellate Board (‘IPAB’). Read more

[S. 5(4) Citizenship Act] Delhi High Court directs Centre to grant citizenship to minor born in India to OCI Holder parents

In a petition filed by a 17-year-old girl seeking the issuance of a passport and quashing of the office memorandum dated 25-10-2018 issued by the Ministry of External Affairs which was the basis for the rejection of her passport, a Single Judge Bench of Pratibha M. Singh, J. allowed the petition while stating that the case falls within the special circumstances for the Central Government to use the enabling powers under Section 5(4) of the Citizenship Act, 1955 (‘Act’). Read more

Delhi High Court enhances compensation to Rs. 30,00,000/- for families of deceased sanitation workers

In a writ petition filed by the families of three sanitation workers who died while cleaning a drain, Sachin Datta, J., enhanced compensation from Rs. 10,00,000/- to Rs. 30,00,000/- for each family. The Court highlighted that the enhanced compensation of Rs. 30,00,000/- was based on the current equivalent of the amount previously fixed in 1993, and thus, was more appropriate. Read more

Delhi High Court dismisses petition seeking issuance of guidelines for putting cap on airfares

In a matter of two Public Interest Litigations (PILs) being heard together to seek a direction for the Union of India to frame guidelines for putting a cap on airfares, a Division Bench comprising of Manmohan, ACJ.* and Manmeet Pritam Singh Arora, J. rejected the same while stating that the petitioners had failed to substantiate their claims through any corroborative documents as evidence. Read more

Delhi High Court dismisses PIL seeking to direct medical professionals to inform patients about side effects of a drug.

In a matter where a writ petition was filed as a Public Interest Litigation (PIL) seeking a direction to the Union of India to mandate all medical professionals practicing in the country to specify all possible risks and side effects associated with a drug, a Division Bench comprising of Manmohan, ACJ* and Manmeet Pritam Singh Arora, J. rejected the same while stating that any directions issued to the legislature would amount to judicial legislation. Read more

[Right to Education] Delhi High Court grants provisional admission to a Disadvantaged Group Category Student

In a writ petition filed for seeking issuance of a writ of mandamus to grant admission to the Petitioner’s daughter belonging to the Disadvantaged Group (DG) in Scheduled Caste (SC) category at the respondent school, the Single Judge Bench of Chandrashekhar Hari Shankar*, J., held that the Petitioner ‘s daughter was entitled for the admission as well as she should be provided all amenities and facilities to which such students are entitled, including school uniform, textbooks and the like. Read more

Delhi High Court orders SpiceJet to return all aircrafts along with engines to TWC

In a suit for declaration filed by TWC Aviation Capital (‘TWC’) against SpiceJet, the defendant, for enforcement of orders passed by the High Court of Justice in England Wales, Court (Business and Property Courts of England Wales King’s Bench Division Commercial Court) (‘UK Court’), Prathiba M. Singh, J., observed that UK Court was a competent Court in terms of the agreement between the parties, and directed SpiceJet to return aircrafts to TWC along with engines. Read more

Delhi High Court grants ‘Dynamic+ Injunction’ in favour of Universal Studios to protect its copyrighted works

In an application filed by Universal Studios and other streaming platforms seeking a permanent injunction against 26 infringing websites for distributing their copyrighted work on the internet without any license or authorisation, a Single Judge Bench of Anish Dayal, J. granted a ‘Dynamic+ injunction’ holding that the actions of the infringing websites were hydra-headed. Read more

Delhi High Court orders planting of saplings as restitution for settlement

In a petition filed under Section 482 of the Code of Criminal Procedure, 1973 (‘CrPC’) for quashing of First Information Report (FIR) under Section 352/354-A/506/509 of Penal Code, 1860 (‘IPC’), the Single Judge Bench of Anoop Kumar Mendiratta*, J., quashed the petition and held that as the matter had been amicably settled between the parties, no useful purpose shall be served by keeping the case pending. Read more

Delhi High Court denies bail to alleged NSCN-IM member in terror funding case

In a bail application by the appellant who was accused of being a member of the National Socialist Council of Nagaland (Isak-Muviah) (‘NSCN-IM’), and of extorting money for terrorist activities, the Division Bench of Suresh Kumar Kait and Manoj Jain, JJ. dismissed the application while stating that being a government employee, the appellant cannot be allowed to run from the clutches of law. Read more


Gauhati High Court declares Article 11, Schedule I of Court Fees Act, 1870 (Assam Amendment) ultra vires to Article 14 of Constitution

The present writ petitions were filed to challenge the constitutional validity of Article 11 of Schedule 1 of the Court Fees Act, 1870 (Assam Amendment) brought into effect by the Assam Court Fees (Amendment) Act, 1950 in respect of levy of Court fee for grant of probate or letter of administration. The fee is imposed at the rate of 7% ad valorem (levied at a rate percent of value) where the value of properties exceeds Rs 5,00,000 without there being any upper fixed limit. The Division Bench of Vijay Bishnoi*, CJ., and N. Unni Krishnan Nair, J., declared the impugned article to be ultra vires and violative of Article 14 of the Constitution. Read more

Gauhati High Court directs State to reconsider experience as homeguards/ Special Police Officers for constables recruitment under Assam Industrial Security Force

In a series of writ petitions filled by the candidates having experience as Home Guards or Special Police Officers (‘SPOs’) to challenge the 2017 recruitment process for appointment of constables under Assam Industrial Security Force (‘AISF’), Sanjay Kumar Medhi, J., directed the State to reassess the recruitment process. Read more


‘The forest department workers were thrown out of service to deprive them of benefits of regular services’; Gujarat HC orders reinstatement for wrongful termination

In a writ petition filed by the workmen of the Forests and Environment Department, concerning the entitlement of these workers to the benefits of the Government Resolution dated 17-10-1988 (‘Resolution’), which aimed to regularize the services and improve the conditions of daily-wage workers, Hemant M. Prachchhak, J., held that the termination of services of the petitioners by the respondents was illegal and contrary to the principles of natural justice. Read more


Non-Compliance of HP Prison Manual, 2021| Himachal Pradesh HC seeks status report from State Government on competition of work in Kishanpura Jail

The Division Bench of M.S Ramachandra Rao, CJ., and Jyotsna Rewa Dua, J., stated that respondents should file a status report as to why the Kishanpura Jail, Nalagarh had not yet been made operational and when the recruitment of Warders in the Department of Prisons and Correctional Services, Himachal Pradesh would be completed and when they would be posted for duties. The status report should also indicate when the works which were to be done in Kishanpura Jail, Nalagarh would be completed so that the jail could be made fully functional. Read more

‘Prisoners also have right to adequate and required healthcare’; Himachal Pradesh HC grants bail to HIV+ prisoner after jail authorities failed to provide required medical treatment

Petitioner had filed the present petition seeking regular bail under Section 439 of Criminal Procedure Code, 1973 (‘CrPC’), on medical grounds, as he was suffering from Human Immunodeficiency Virus. Ranjan Sharma, J.*, opined that since the Jail Authorities had failed to provide the required medical treatment and failed to extend required advisories given by medical experts of Indira Gandhi Medical College and Hospital, Shimla, therefore, petitioner was needed to be enlarged on bail on extreme adversarial medical grounds. The Court further noted that the medical records indicated that petitioner was HIV positive and had lost about 9-10 kgs of weight during last two weeks. Further, even the officials of Kaithu Jail, Shimla had expressed their practical difficulty in not providing adequate medical healthcare and personal hygiene, therefore, the prayer of petitioner for enlargement of bail was needed to be accepted. Thus, the Court stated that petitioner should be enlarged on bail, subject to furnishing a personal bond of Rs. 30,000 with one surety in like amount to the satisfaction of Station House Officer (‘SHO’), Police Station, Shimla/ Investigating Officer (‘IO’). Read more


Termination of pregnancy | Nobody can be allowed to play hide and seek for committing an unborn child’s murder: MP High Court

While deciding whether the petition for medical termination of pregnancy was filed to eliminate an unwanted child or if there was a genuine intent to prosecute the accused, a single-judge bench comprising G.S. Ahluwalia, J., dismissed the petition for medical termination of pregnancy, underscoring the court’s role in preventing the misuse of its authority and ensuring that justice is not subverted for personal motives. Read more

MP High Court imposes Rs. 25,000/- cost on advocate for non-cooperation

In a petition file to seek the quashment of dismissal of the petitioner, National Insurance Company’s employee, a single-judge bench comprising of Vivek Agarwal, J., imposed a cost of Rs. 25,000/- on the respondents’ counsel for their persistent non-appearance and lack of cooperation and warned of proceeding ex-parte if the respondents continue to fail in cooperation. Read more

Threat to falsely implicate in rape and eve-teasing case amounts to abetment to suicide: MP High Court

In an application for quashing of criminal proceedings for abetment of suicide under Section 306 IPC, a single-judge bench comprising of G.S. Ahluwalia, J., upheld the initiation of criminal proceedings against the applicants under Section 306 IPC, emphasising the significance of continuous harassment and its impact on the deceased, leading to his suicide. The Court reiterated the necessity of a positive act and clear mens rea in abetment cases, aligning with principles established by the Supreme Court in Gangula Mohan Reddy v. State of A.P., (2010) 1 SCC 750. Read more

Mental cruelty can continue even after leaving matrimonial house and while residing at parental home: MP High Court

In an application for quashment of FIR for offences under Section 498-A read with Section 34 of the Penal Code, 1860 (IPC), and Sections 3 and 4 of the Dowry Prohibition Act, 1961, a single-judge bench comprising of G.S. Ahluwalia, J., held that the FIR could not be quashed merely on the grounds that it was a counterblast to a divorce petition. The Court held that the jurisdictional issues and the residence of the respondent No. 2 need to be determined based on trial evidence. The Court opined that “mental cruelty would continue even after the ousting or leaving her matrimonial house and residing in her parental home. Read more


Employees must fulfill requisite qualification for promotion to the post of ‘Assistant Manager’ in State Transport Corporation: Madras HC upholds seniority list

In the writ petitions filed under Article 226 of the Constitution of India, the petitioner prayed for directing the Transport Department and Tamil Nadu State Transport Corporation (Respondents) to promote him to the post of Assistant Manager (Legal) along with all benefits, Mummineni Sudheer Kumar, J., through a common order dismissed the writ petitions due to lack of merit. However, the Court made it clear that in case if the petitioner possess/ acquires requisite qualification for the post of “Assistant Manager (Legal), the shall be considered by the respondents for promotion to the post of “Assistant Manager (Legal)” in accordance with law. Read more

Date of commencement of selection process for appointment to be taken into consideration for old pension scheme not the date of appointment order or joining date: Madras HC

In a writ petition filed seeking for directing the Education Department, Director of School Education, Teachers Recruitment Board, and the Accountant General (respondents) to treat the petitioner as an employee covered under Tamil Nadu Pension Rules, 1978 (‘TNPR’) before its amendment dated 01-04-2003 and to fix the date of service of the petitioner for the old pension scheme effective from 26-03-2003, Battu Devanand, J. has opined that the date of commencement of the selection process for the appointment has to be taken into consideration to extend the benefit of the old pension scheme but not the date of issuing the appointment order or the date of joining by the employee. Further, the Court directed the respondents to include the petitioner under the old pension scheme and to transfer any contributions already deducted from his old Pension Scheme within eight weeks. Read more

‘No teaching, suggestion or motivation in prior art to make it obvious to a person skilled in art’; Madras HC remands patent application to Controller for reconsideration

In a civil miscellaneous appeal filed under Section 117-A of the Patents Act, 1970, to set aside the order of the Assistant Controller of Patents & Designs and to hold that the pending claims are valid and involve an inventive step; and to direct the Controller to grant the patent, Senthilkumar Ramamoorthy, J. has remanded the application for reconsideration on the limited aspect, and directed that to preclude the possibility of pre-determination, any officer other than the officer who issued the impugned order will undertake reconsideration. Read more

Madras HC directs for exhumation and re-postmortem of deceased after wife alleges death by custodial Torture

In a writ petition filed to direct the District Collector to exhume the body of the petitioner’s husband from K.K. Road Mukti burial ground and consequently direct the Director of Medical Education and the Dean, Villupuram Government Medical College Hospital to conduct a re-postmortem by a team of two doctors who have Master’s degree in Forensic Medicine attached to two different Medical College Hospitals in the State, R. Sakthivel, J. has given the following directions. Read more


‘Child born could be a reminder of trauma and agony’; Punjab and Haryana HC allows termination of woman’s pregnancy who was sexually assaulted by her husband

Petition was filed for directing respondents to terminate petitioner’s pregnancy of more than fifteen weeks, in accordance with Medical Termination of Pregnancy Act, 1971. Vinod S. Bharadwaj, J.*, opined that the if the child was born, it would not be a reminder of good memories, but could be a reminder of trauma and agony that petitioner as a mother would have to undergo. Further, as an unwanted child, likely to live a tormenting life or a life with no dignity. In either of the said situations, the mother and the child should suffer social stigma and incarceration for rest of their lives. Thus, the Court allowed petitioner to terminate the pregnancy and directed the Civil Surgeon, Civil Hospital, Amritsar to take all appropriate and necessary steps needed to carry out the medical termination of the pregnancy of petitioner. Read more

‘Utterances made in moment of anger cannot be deemed as instigation’; Punjab and Haryana HC set aside conviction and sentence of wife convicted for abetment of suicide

Appeal was filed by accused, who was the deceased’s wife, to set aside the judgment of conviction dated 25-11-2016 and order of sentence dated 30-11-2016 passed by the Additional Sessions Judge, Gurgaon (‘the Trial Court’). Manjari Nehru Kaul, J., opined that intention to abet was the most crucial aspect of abetment. Without such intent, it would be unjust to hold someone liable for abetment. The Court opined that no doubt, the suicide note mentioned the humiliation suffered by the deceased and his family, and the threats extended of false implication in cases, during a visit to the parental house of the accused a few days before his suicide, these incidents could not be conclusively deemed as the immediate triggers for the suicide of the deceased. Read more


Rajasthan High Court stays anti-encroachment drive in Jalore

In a writ petition seeking relief from being dispossessed without due process, a single-judge bench comprising of Vinit Kumar Mathur, J., acknowledged that the matter requires consideration and issued notices, including a notice for a stay application, returnable by 08-07-2024. The Court granted the interim order protecting the petitioners from dispossession which remains in effect until the next date of hearing. Read more

Man and woman living together does not constitute bigamy without proof of second marriage: Rajasthan High Court

In a criminal miscellaneous petition seeking to quash the orders by the Sessions Judge, Merta, and the Special Civil Judge and criminal proceeding with specific allegation under Section 494 of the Penal Code, 1860 (IPC) pertaining to the petitioner allegedly solemnizing a second marriage with another woman, a single-judge bench comprising of Kuldeep Mathur, J., held that mere cohabitation does not constitute an offence under Section 494 IPC without evidence of a valid marriage. The Court quashed and set aside the impugned orders and criminal proceedings pending against the petitioner for the offense under Section 494 IPC. Read more


Sikkim High Court allows State’s application for condonation of delay for appeal in POCSO case; Costs amounting to Rs 20,000 imposed on State

In an application for condonation of delay on appeal made under Section 5 of the Limitation Act, 1963 (“Limitation Act”) by the applicant-State against a judgment of the Special Judge, Protection of Children from Sexual Offences Act (“POCSO”), the Division Bench comprising of Bhaskar Raj Pradhan* and Meenakshi Madan Rai JJ., allowed the application but also imposed costs on the applicant for delay. The Court found that there was sufficient cause for delay on the part of the applicant, however it also noted that the brunt of delays in criminal prosecutions are borne by the victims more than by the court bureaucracy that operates in a lethargic manner, causing delays. Read more

[Juvenile Justice Act] POCSO convict set free after Sikkim HC finds him to be a minor at the time of offence

The instant application was made under Section 347(2) of the Code of Criminal Procedure, 1973 (“CrPC”), filed by a POCSO-convict aggrieved by the judgment of the Court of Special Judge, POCSO Act, 2012 (“Special Judge”/“POCSO Court”), wherein he was convicted on three grounds under the POCSO Act and sentenced to rigorous imprisonment for five years with fines imposed. The convict contended that the Special Judge did not consider that he was a minor at the time of the commission of the offence. . The Single-judge Bench of Meenakshi Madan Rai, J* perusing the contentions, agreed that the convict’s contentions regarding wrong computation of age cannot be faulted and held that the convinct was a minor at the time of the offence, and his incarceration beyond three years would be illegal, and therefore set him at liberty. Read more

Man convicted of murdering a government employee, set free by Sikkim HC due to gaps in circumstantial evidence

In a criminal appeal filed by a murder convict under Section 374(2) of the Code of Criminal Procedure, 1973 (“CrPC”), against the judgment and order of Trial Court, convicting him based on the circumstantial evidence of the prosecution, the Division Bench comprising of Meenakshi Madan Rai* and Bhaskar Raj Pradhan, JJ., held that the prosecution had failed to prove their case beyond reasonable doubt, and their circumstantial evidence was tainted with gaps. The Court, unsatisfied with the evidence and the gaps in investigation by the police, acquitted the convict and set him free from incarceration. Read more

[Budgetary Support Scheme under GST Regime] | Sikkim HC dismisses Glenmark Pharma’s monthly support claim for the quarter of July- September 2017

In exercise of its Civil Extraordinary Jurisdiction, Single-judge Bench of Bhaskar Raj Pradhan*, J. dismissed a writ petition filed under Article 226 of the Constitution, against the order issued by the respondents rejecting Glenmark Pharma’s (petitioner) claim for budgetary support for the quarter of 2017 under the Scheme of Budgetary Support under Goods and Services Tax Regime (“Scheme”). The Court held that it was incumbent on the petitioner to satisfy the requirements of the Scheme and follow the procedure prescribed rather than devise a different procedure for the authorities to follow. Read more

Deceased wife travelling in private vehicle of her husband held to be covered as third party; Sikkim HC awards “just compensation” to mother-in-law and minor child

In an appeal made under Section 173 of the Motor Vehicles Act, 1988, filed by the appellants aggrieved by the judgment of the Motor Accident Claims Tribunal, Sikkim (“MACT”/ “Tribunal”), the Single-judge Bench of Meenakshi Madan Rai, J.* distinguished from the case relied upon by the Tribunal and set aside its judgment. The Court discussed at length the difference between a gratuitous passenger travelling in a private vehicle that met with an accident, and the deceased wife of the insured in the instant case who was held to be covered as a “third party”. The distinction was elemental as the Tribunal relied on a case wherein the insurer was found to be non-liable towards a gratuitous passenger’s demise. To compute the amount of compensation, the Court relied on the formulae devised from various judgments and applied the concept of “just compensation” and awarded compensation of Rs 27,65,000 to the appellants. Read more

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