ALLAHABAD HIGH COURT
‘Revenue Audit Objections a valid ground under Section 148 of Income Tax Act for reopening concluded assessment’: Allahabad HC
In a plea filed by petitioner challenging the order dated 20-04-2024 (‘impugned order’) under Section 148-A(d) of the Income Tax Act, 1961 (‘the Act’) passed by the Assessment Officer, alleging that relevant documents of the proceedings and an opportunity of personal hearing before the Assessing Officer had not been granted, the Division Bench of Sangeeta Chandra and Prakash Singh, JJ., partially allowing the writ said that the Assessment Officer had acted with undue haste by not granting the petitioner the opportunity of being heard, and said that Revenue Audit Objections was a valid ground for reopening assessment that had concluded, under Section 148 of the Act. Read more
BOMBAY HIGH COURT
Bombay HC directs Municipal Corporation, Greater Mumbai to constitute Animal Welfare Committee to resolve dispute of feeding stray dogs in a society
The present dispute was between petitioner, RNA Royal Park Co-operative Housing Society Ltd., and some of its members regarding the feeding of stray dogs within the society’s premises. The Division Bench of M.S. Sonak and Kamal Khata, JJ., directed Respondent 1, Municipal Corporation, Greater Mumbai, to constitute an Animal Welfare Committee within 15 days from the date of this order, to resolve the dispute on the issue of animal feeding, etc. Read more
Know why Bombay HC issued directions for strict compliance with Government Circular for providing basic medical facilities at educational institutions
In a tragic case, a petition was brought before the Court by the mother (‘petitioner’) of a deceased college student, who contended that her daughter had passed away due to the lack of adequate medical facilities at the College. The Division Bench of M.M. Sathaye and Nitin Jamdar*, JJ., after perusing a Circular issued by the HTE Department on 10-07-2024 regarding the provision of basic medical facilities at educational institutions, the Division Bench issued directions to the HTE and Education Department(s) that-the Circular shall specify the consequences for non-compliance; shall be widely publicised; and other directions in the interest of the well-being of the students, their parents, and the staff members of the educational institutions within the purview of the HTE and Education Department(s). Read more
Bombay HC quashes FIR and chargesheet against members of WhatsApp group chat accused of outraging religious feelings
The instant applications were filed under Section 482 of the Code of Criminal Procedure, 1973 (“CrPC”) for quashing of FIR and chargesheet against the accused persons for offences punishable under Section 295-A, 504, and 506 of the Penal Code, 1860 (“IPC”). The Division Bench of Vibha Kankanwadi* and Vrushali V. Joshi, JJ., noted that the Investigating Officer concerned (“IO”) recorded the statements under Section 161 of CrPC, of only four witnesses, who were of a particular community, while the instant WhatsApp group had 150 to 200 members; and further stated that only four witnesses and one informant could not be counted as a ‘class’ as contemplated in Section 295-A of IPC, to constitute insulting a religion on a wide-scale. Therefore, the Court did not even find a prima facie case against the accused persons, exercising their powers under Section 482 of CrPC, quashed and set aside the FIR and the chargesheet. Read more
Provisions of CrPC and not of Nagarik Suraksha Sanhita 2023 (BNSS) will apply to a pending investigation prior to 01-07-2024: Bombay High Court
In the present petitions, the interpretation regarding the provisions of the Nagarik Suraksha Sanhita, 2023 (‘BNSS 2023’), and particularly, the repeal provision under Section 531 of the BNSS was under consideration. A Single Judge Bench of Bharat P. Deshpande, J., held that the investigation in the present FIR 1 of 2024 filed before the Economic Offences Cell shall continue under the provision of Criminal Procedure Code, 1973 (‘CrPC’) and the bail application filed on 06-07-2024 by the Respondent 3 would be considered as application under Section 482 of BNSS 2023. The Court, while dealing with application under Section 482 of BNSS 2023 had power to grant or refuse ad interim bail pending disposal of the main application. Read more
Read why Bombay HC changed husband’s conviction u/S. 307 to S. 308 for forcibly poisoning wife amidst a quarrel
The convict had challenged the judgment and order of Additional Sessions Judge, Solapur (“Trial Court”), dated 04-03-2020, convicting him of the offence punishable under Section 307 of the Penal Code, 1860 (“IPC”); and sentenced him to rigorous imprisonment for 10 years and to pay a fine of Rs. 10,000, in default of which, was to suffer rigorous imprisonment of one year. Further, the Trial Court also convicted him of the offence punishable under Section 504 of IPC, for which he was sentenced to suffer simple imprisonment for two years. Both the sentences were directed to run concurrently. The single-Judge Bench of Sarang V. Kotwal*, J., noted the evidence of the prosecution and concluded that the convict did not intend to murder the victim, and therefore, changed his conviction to Section 308 of IPC. Considering the sentence period of five and a half years already served by the convict, the Court ordered his release. Read more
Bombay High Court takes suo motu cognizance of Nagpur Airport’s daily closure for 8 hours
A news item was published in Nagpur City Edition of daily Lokmat dated 02-08-2024 wherein it was disclosed that the operation of the Nagpur Airport was closed every day for eight hours since March 2024. The Division Bench of Nitin W. Sambre and Abhay J. Mantri, JJ., considering the geographical location of the Nagpur City, being the centre of the country, opined that the operation of the Airport was for the convenience of the people residing in Central India and thus, it deemed appropriate to take cognizance based on the said news by treating the news item as a Public Interest Litigation. Read more
CALCUTTA HIGH COURT
‘Associate Managers appointed u/S. 3(2) of Trade Marks Act are not empowered to pass quasi-judicial orders’; Calcutta HC
In a batch of three appeals filed under Section 91 of the Trade Marks Act, 1999 (‘Act’) against orders dated 16-09-2023 and 06-10-2023 passed by the Associate Managers of Trade Marks Registry, a Single Judge Bench of Krishna Rao, J. quashed and set aside the orders passed by the Associate Managers and held that since they were appointed under Section 3(2), hence, were not empowered to pass quasi-judicial orders. Read more
CHHATTISGARH HIGH COURT
‘Dispensing services without giving any opportunity of hearing clearly violates natural justice’; Chhattisgarh HC sets aside cancellation of Anganwadi Sahayika’s appointment
In a petition challenging the legality and validity of the order dated 25-02-2014 passed by the Collector, Rajnandgaon (‘Collector’) and order dated 01-01-2015, passed by the Commissioner, Durg (‘Commissioner’), whereby the appointment of the petitioner was cancelled and in her place Respondent 6 was appointed, Goutam Bhaduri, J., opined that when the petitioner was appointed, certain right had accrued in her favour, and how after two years without any opportunity of hearing her services were terminated, had not been explained. Thus, the Court stated that there was a clear violation of principles of natural justice and the rules or audi alteram partem was given a go-bye. When the right had accrued in favour of a candidate, dispensing the services without giving any opportunity of hearing clearly violated rules of natural justice. Thus, the Court set aside the order dated 01-01-2015 passed by the Commissioner and 25-02-2014, passed by the Collector and consequently, also set aside the appointment order of Respondent 6 and cancellation of the petitioner’s appointment. Read more
‘Subjecting child to corporal punishment for reforming him cannot be a part of education’; Chhattisgarh HC refuses to quash FIR against teacher for abetment of suicide
In a petition filed under Section 528 of the Nagarik Suraksha Sanhita, 2023 (‘BNSS’), the Division Bench of Ramesh Sinha, CJ.*, and Ravindra Kumar Agrawal, J., stated that it was evident that imposition of corporal punishment on the child was not in consonance with his right to life guaranteed by Article 21 of the Constitution. The Court stated that corporal punishment was not keeping with child’s dignity. Besides, it was cruel to subject the child to physical violence in school in the name of discipline or education. Child being a precious national resource was to be nurtured and attended with tenderness and care and not with cruelty. Subjecting the child to corporal punishment for reforming him could not be part of education. Read more
DELHI HIGH COURT
Delhi High Court | Arbitral Tribunal cannot award certain types of damages if they are specifically excluded by contractual clauses
An intra court appeal was filed by Plus91 Security Solutions (appellant) under Section 37(1)(c) of the Arbitration and Conciliation Act, 1996 challenging a judgment dated 18-12-2023 passed by a Single Judge in a case filed under Section 34 of the Arbitration and Conciliation Act contesting an arbitral award dated 17-03-2023 wherein the Arbitral Tribunal awarded a sum of ₹8,43,07,904 in favour of the present appellant along with interest at the rate of 6% per annum on the awarded amount with effect from 23-08-2019 till the date of payment along with a sum of ₹1,27,30,625 as costs in favour of the appellant. A Division Bench of Vibhu Bakhru and Tara Vitasta Ganju, JJ., dismissed the appeal and held that the award of damages on account of loss of profits is contrary to the terms of the contract (MOU) and thus, the impugned award is vitiated by patent illegality. Read more
‘X (Twitter) neither performs public function nor discharges public duty’; Delhi HC holds petition filed against suspension of ‘X’ account ‘not maintainable’
In a writ petition filed under Article 226 of the Constitution by a professional engaged as an independent IT Consultant in the pharmaceutical sector, against X Corporation (previously Twitter) (respondent 2) after his account was suspended, a Single Judge Bench of Sanjeev Narula, J. held that X Corp was not amenable to writ jurisdiction since it did not perform a ‘public function’ in the strict legal sense under Article 226 and the petition was not maintainable due to lack of foundation necessary to support the issuance of mandamus. Read more
Delhi HC directs X (Twitter), Meta, and Google LLC to delete URLs containing posts/videos regarding dead centipede in ‘Amul’ vanilla ice cream tub
In a plea by the Gujarat Cooperative Milk Marketing Federation Limited (‘GCMMF’) (plaintiff) stating that the defendants 1 and 2 had failed to comply with the directions of the Court vide order dated 04-07-2024 for removing the impugned posts and videos regarding a dead centipede found in a vanilla ice cream tub of ‘Amul’ from defendant 1’s X (previously Twitter) account, a Single Judge Bench of Manmeet Pritam Singh Arora, J. directed X Inc., Meta, and Google LLC to delete the URLs containing the impugned posts/videos present on their platforms within 36 hours and also directed the platforms to delete any other such URL containing the impugned posts/videos that GCMMF informs them about, within 36 hours. Read more
Delhi HC grants interim relief to Falcon Autotech against Chinese Entity
In a suit filed by Falcon Autotech Private Limited, the plaintiff, alleging infringement of its patent titled ‘An Integrated Pre-Sortation System’ and seeking permanent and mandatory injunction, rendition of accounts, damages, and delivery up against the defendant, a Chinese entity, Mini Pushkarna, J., found a prima facie case in favour of the plaintiff due to blatant patent infringement and the clandestine operations of the defendant in India, and accordingly restrained the defendant from infringing upon the plaintiff’s patent. Read more
Delhi HC quashes FIR in rape, kidnapping, and POCSO case based on settlement without imposing costs
A petition was filed under Article 226 read with Section 482 of Criminal Procedure Code (CrPC) was filed on behalf of the accused (petitioner) seeking quashing the FIR dated 20-02-2023 under Section 363 and 376 of Penal Code, 1860 (IPC) and Section 6 of POCSO Act, registered at Police Station Nangloi. Sanjeev Narula, J., quashed the FIR under Sections 363, 376 of the IPC and Section 6 of POCSO Act as the parties have amicably resolved their differences out of their own free will and without any coercion. Read more
‘Railways has moral imperative to showcase prompt response to concerns of general public’; Delhi HC directs Railways’ senior-most officer to consider complaint de novo
In a writ petition filed by the petitioner to seek directions against the respondents to hold an enquiry into the incident and act against the responsible officials based on the complaint lodged with the Station Master, Patna with reference to the change of coach in Bakarkana Express on 06-07-2017 from Kodarma station to Patna, a Single Judge Bench of Purushaindra Kumar Kaurav, J. held that the respondent did not fulfil their obligation to ensure that the petitioner had her complaint heard and dealt with and accordingly directed the senior-most officer in the Railway Division concerned to consider the complaint lodged by the petitioner de novo. Read more
ORISSA HIGH COURT
‘Son did not think twice before killing his creator’; Orissa HC upholds man’s conviction for strangulating and beheading mother
In an appeal under Section 374 of the Code of Criminal Procedure, 1973 against Trial Court’s decision for founding the convict guilty of killing his mother and sentenced to imprisonment for life, the Division Bench of S.K. Sahoo and Chittaranjan Dash, JJ., upheld the Trial Court’s decision relying upon the minor child’s witness which clear, cogent, reliable and trustworthy, and moreover corroborated by the medical evidence. Read more
PUNJAB & HARYANA HIGH COURT
Punjab and Haryana HC directs State of Punjab to ensure that FIR must be registered whenever a complaint reflecting commission of cognizable offence is made
In a petition filed in public interest by a trust, namely, National Anti-Crime and Human Rights Protection of India raising public cause regarding gross violation of the provisions of the Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994 (‘PNTD Act’), Sheel Nagu, J., stated that it was surprising to note that from the complaint made by the team of the Doctors, a prima-facie case for wrongfully restraining the team of doctors and restraining them from doing their official duties was made out and both these offences were punishable under Sections 341 and 353 of the Penal Code, 1860 (‘IPC’). In the present case, neither the offence was special nor involved moral turpitude/complicated questions of fact. Therefore, the police were obliged to register an FIR, which, was not done. Thus, the Court directed the State of Punjab to ensure that whenever a complaint is made which reflects commission of cognizable offence, an FIR ought to be registered and further ensure that the provisions of PNTD Act was followed in its letter and spirit. Read more
RAJASTHAN HIGH COURT
Judicial Indiscipline| Rajasthan High Court condemns trial court’s disregard for orders while framing charges; calls for action against Presiding Officer
In a revision petition challenging the Additional Sessions Judge’s order of framing of charge under Section 3071 of the IPC, a single-judge bench of Ashok Kumar Jain, J., allowed the petition, set aside the impugned order framing charge under Section 307 IPC and discharged the petitioners from Section 307 IPC charges due to insufficient evidence. The Court noted the trial court’s disobedience and judicial indiscipline and directed the matter to be placed before the same Bench that passed the order dated 04-01-2024 for further action against the Presiding Officer concerned. Read more
Rajasthan High Court issues directives to curb practice of proxy teaching in Govt. Schools
In a civil writ petition seeking the quashing of charge-sheet on allegation of employing a proxy teacher, a single-judge bench of Anoop Kumar Dhand, J., dismissed the petition and allowed the disciplinary proceedings to continue with a directive for the disciplinary authority to consider the petitioner’s representation. The Court also issued directives to address proxy teaching, including forming committees and flying squads for regular school inspections, displaying teachers’ photographs, launching a complaint mechanism, and enforcing strict disciplinary actions against violators. Read more
“Drug Addicts are added burden to law-abiding population”; Rajasthan High Court denies bail due to risk of re-offending
In a bail application filed in connection with FIR registered after a search and seizer of 25.41 grams of Methylene Dioxy Methamphetamine (MDMA) from accused petitioner’s vehicle, a single-judge bench of Ganesh Ram Meena, J., denied bail application due to the lack of reasonable grounds to believe in the petitioner’s innocence and the potential risk of re-offending. The Court also emphasised on the need to adhere to statutory provisions while considering the societal impact of drug-related offenses. Read more
TELANGANA HIGH COURT
‘Depriving journalists working in small newspapers at district, constituency levels of accreditation is arbitrary’; Telangana HC quashes Schedule E of Telangana Media Accreditation Rules, 2016
Petitioners, were journalists, employed by various small newspapers, which were published from various places in the State of Telangana, assailed the validity of Schedule-E of G.O.Ms.No.239 (Gen. Administration (I&PR) Department) dated 15-07-2016, insofar as it categorizes small newspapers in the State of Telangana into A, B, C, and D categories for the purposes of issue of accreditation cards. Schedule-E was challenged on the ground that it was violative of Articles 14, 16, 19, and 21 of the Constitution. The Division Bench of Alok Aradhe*, C.J., and J. Sreenivas Rao, J., opined that the Telangana Media Accreditation Rules, 2016 (‘2016 Rules’) nowhere prescribed that the journalists working in small newspapers should be divided into four categories, i.e., A, B, C, and D and thus, in the absence of any provision in the policy itself, the action of respondents in depriving the journalists working at district level and constituency level of the benefit of accreditation could not be said to be justified. The Court, therefore, quashed Schedule E of the 2016 Rules. Read more
