ALLAHABAD HIGH COURT
Can oral gift deed under Mohammedan Law reduced in writing on unregistered document be subjected to S. 47-A of Stamp Act? Allahabad HC answers
In a writ petition filed for declaring Section 2(14-A) inserted in the Stamp Act, 1899 by Stamp (Uttar Pradesh Second Amendment) Act, 2001 as unconstitutional, void, inoperative and ultra vires, being repugnant to the provisions of the Transfer of Property Act, 1882 and the Muslim Personal Law (Shariat) Application Act, 1937, Piyush Agrawal, J. while reiterating that the proceedings under Section 47-A of the Stamp Act cannot be initiated for unregistered documents, held that oral gift under the Mohammedan Law which is reduced in writing on an unregistered document cannot be subjected to proceedings under Section 47-A of the Stamp Act. Read more
BOMBAY HIGH COURT
[Breach of promise to marry v. False promise to marry] Bombay HC refuses to quash FIR against rape accused, for extracting sexual relations on pretext of marriage
The accused sought the quashing and setting aside of criminal proceedings pending before the Additional Sessions Judge, Mumbai, for the offences punishable under Sections 376, 376(2)(n), 376(2)(h), 313, 323, 504 and 506 of the Penal Code, 1860. The Division Bench of A.S. Gadkari and Dr. Neela Gokhale*, JJ., perused the prosecution’s evidence and found their version reliable. The Court noted that the instant case was not a ‘breach of promise to marry’ but a ‘false promise to marry’, made to extract sexual relationship out of the victim. Therefore, the Court refused to quash the FIR against the accused and dismissed his petition. Read more
Bombay HC upholds validity of Regulation 10 of Institute of Actuaries of India (Admission as Member and Issuance of Certificate of Practice) Regulations, 2017
The present petition challenged the refusal of Respondent 2, the Institute of Actuaries of India, to issue a Certificate of Practice (‘CoP’) to its Associate Members, and also challenged the constitutional validity of Regulation 10 of the Institute of Actuaries of India (Admission as Member and Issuance of Certificate of Practice) Regulations, 2017. The Division Bench of B.P. Colabawalla and Firdosh P. Pooniwalla*, JJ., opined that there was nothing unreasonable or disproportionate in Regulation 10 of the 2017 Regulations making only Fellow Members, who possessed a higher qualification, eligible for a CoP as it only ensured that persons who possessed higher qualifications would be entitled to practice. Read more
Bombay HC directs deletion of offending post on YouTube against Malabar Gold Ltd. for being per se defamatory and reckless
The present suit was filed as Respondent 1 posted on his YouTube channel titled “Marunadan Malayali”, a post by which several defamatory statements were made against applicant. A Single Judge Bench of Arif S. Doctor, J., opined that the statements used in the said post were per se defamatory and indeed reckless and thus, clarified that the offending post from the YouTube channel was to be deleted by Respondent 1 on immediate receipt of the present order. Read more
Sperm/oocyte donor in surrogacy cannot claim rights/duties of a biological parent in relation to the child: Bombay High Court
Petitioner’s application seeking access and visitation rights to her twin daughters was rejected by the impugned order dated 25-09-2023 and thus being aggrieved by rejection of her application, petitioner filed the present petition. A Single Judge Bench of Milind N. Jadhav, J., observed that the sperm/oocyte donor shall not have any parental right or duties in relation to the child and thus, in the present case, petitioner’s sister could have no right whatsoever to intervene and claim to be the biological mother of petitioner’s daughters. Read more
Inside Bombay HC verdict ordering compensation to owner after 36 years since land acquisition by MHADA
In the instant petition, the Division Bench of M.S. Sonak* and Kamal Khata, JJ., presided over a land-acquisition dispute, to finally dispose of the same, wherein the petitioner had not been compensated for the plot of land that was acquired by the respondent- State authorities in 1988-89, and had not compensated the petitioner for the said acquisition until the date of the order. The Court found that such uncompensated acquisition was a violation of the petitioner’s constitutional and human rights and directed the respondents to grant interim compensation to the petitioner, along with additional compensation for the violation of constitutional and human rights of the petitioner. Read more
Bombay HC rejects Amit Goenka’s plea challenging SEBI’s order appointing KPMG as Forensic Auditor in Shirpur Gold Refinery case
Petitioner raised a challenge to the communication dated 13-09-2021, issued by SEBI, appointing KPMG Assurance and Consulting Services as the Forensic Auditor regarding financial statements of Respondent 4, Shirpur Gold Refinery Ltd. for financial years 2018-2019 to 2020-2021. The report submitted by KPMG was also under challenge. The Division Bench of A.S. Chandurkar and Rajesh S. Patil, JJ., held that as the challenge to the communication dated 13-09-201 was raised belatedly for which there was no justifiable explanation and the fact that an interim order passed by SEBI on 25-04-2023 had gone unchallenged, it was not inclined to entertain petitioner’s challenge to the communication dated 13-09-021 issued by SEBI and the report dated 21-03-2023 submitted by KPMG. The Court disposed of the writ petition and stated that petitioner was free to pursue the matter before SEBI in accordance with law. Read more
CALCUTTA HIGH COURT
Calcutta High Court directs West Bengal Legal Services Authority to Revisit Compensation Review for 2011 Acid Attack Victim
A petition was filed by the petitioner challenging the order passed by the first appellate authority and the subsequent dismissal of her representation and being aggrieved that the amount of ₹7,00,000/- awarded by the Criminal Injuries Compensation Board was inadequate to cover her treatment and rehabilitation expenses, and the authorities had erred in not enhancing this amount despite her appeal and representation. Shampa Sarkar, J., directed the Member Secretary, West Bengal State Legal Services Authority to review and revisit the issue of enhancement of the compensation of the victim who was subjected to acid attack by her husband in the year 2011. Read more
‘Momentary disagreement leading person to take extreme actions cannot be termed as abetment to suicide’; Calcutta HC quashes pending proceedings u/S. 306 of IPC
In a revisional application filed for quashing the proceedings pending before the Additional Sessions Judge, Fast Track Court for the case filed in Baguihati Police Station dated 28-10-2010 under Section 306 of the Penal Code, 1860 and all the orders passed therein, a Single Judge Bench of Ananya Bandyopadhyay, J. quashed the pending proceedings as well as the orders passed by the ASJ, Fast Track Court and said that the allegation of commission of abetment of suicide levied against the petitioners was improbable. Read more
DELHI HIGH COURT
‘Necessary ingredients of Sec. 11(6) clearly exist’; Delhi HC appoints Arbitrator to resolve dispute between Yuvraj Singh and real estate developer for claim of Rs. 1.38 Crores
In a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 (‘the Act’) filed by cricketer Yuvraj Singh seeking appointment of an arbitrator to adjudicate upon disputes with respondents, C. Hari Shankar, J., referred the dispute to arbitration and appointed a sole arbitrator and observed that invocation of arbitration would not stand effaced just because a party had sought refund. Read more
Delhi High Court directs ‘Andaaz-E-Nizaam’ restaurant to change name in Trade Mark infringement plea by ‘Nizam’s
In a suit filed to seek removal/rectification of the trade mark ‘ANDAAZ-E-NIZAAM’ registered in the name of respondent 1, for being deceptively similar and identical to the trademark of the petitioner, i.e., ‘NIZAM’S’, a Single Judge Bench of Mini Pushkarna, J. directed respondent 1 to take appropriate steps for changing their trade name and the Registrar of Trade Marks to remove/cancel the registered trade mark in favour of respondent 1 as well as to rectify the Register within four weeks. Read more
‘Ss. 3 and 5 of the POCSO Act are offences regardless of gender of offender’; Delhi HC puts woman to trial for committing ‘aggravated penetrative sexual assault’
In a revision petition filed under Section 397 read with Section 482 of the Code of Criminal Procedure, 1973 against an order dated 14-03-2024 wherein a charge was framed against the petitioner by the Additional Sessions Judge, Saket Court, New Delhi under Section 6 of the Protection of Children from Sexual Offences Act, 2012, a Single Judge Bench of Anup Jairam Bhambhani, J. held that the acts mentioned in Sections 3 and 5 of the POCSO Act were an offence regardless of the gender of the offender. Read more
Delhi High Court directs India Today journalist Rajdeep Sardesai to take down video of BJP spokesperson Shazia Ilmi
In an application filed by Bharatiya Janta Party spokesperson Shazia Ilmi under Order 39 Rules 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908 (‘CPC’) to seek an ex parte ad interim temporary injunction against journalist Rajdeep Sardesai (defendant 1) and other defendants in the matter, a Single Judge Bench of Manmeet Pritam Singh Arora, J. directed Rajdeep Sardesai along with the other defendants including X (Twitter) (defendant 3) and Instagram (defendant 4) to take down the impugned video within 24 hours. Read more
Delhi High Court directs news channels to take down defamatory videos and posts against MP Venumbaka Vijaya Sai Reddy; grants ad interim injunction
In a suit filed by Rajya Sabha member Venumbaka Vijaya Sai Reddy (‘V. Vijaya Sai Reddy’) to seek damages as well as permanent and mandatory injunction against defendants 1 to 6 on the ground that they had made false, derogatory, scandalous, illegal, and defamatory statements against him on multiple social media platforms, a Single Judge Bench of Vikas Mahajan, J. granted ad interim injunction to V. Vijaya Sai Reddy and directed the defendants to take down the impugned posts and videos that contained defamatory statements against him. Read more
HIMACHAL PRADESH HIGH COURT
[Mohammedan law] Legislature only prohibits Talaq-e-Biddat or Talaqs having effect of instantaneous and irrevocable divorce: Himachal Pradesh HC
In a petition filed for quashing the FIR dated 06-05-2022, registered for the commission of an offence punishable under Section 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019, Rakesh Kainthla, J., stated that the Mohammedan law does not provide a single mode of Talaq, but multiple modes and out of these modes, the legislature had only prohibited Talaq-e-Biddat or any other similar form of Talaq having the effect of instantaneous and irrevocable divorce pronounced by a Muslim husband. The Court stated that prima facie, the letter written by the petitioner, which was the subject matter of the FIR, did not fall within the definition of Talaq-e-Biddat, and was not punishable under Section 3 of the Act. The Court stated that it could not say anything about the truthfulness of the statement, and it was a matter of trial to be determined by the Trial Court. Further, the status report showed that a charge sheet had been filed before the Court, therefore, the Competent Court was seized of the matter. Thus, the Court stated that it was not possible to quash the FIR in the exercise of the extraordinary jurisdiction, and accordingly dismissed the present petition. Read more
MADRAS HIGH COURT
‘Victim abused the judicial process by filing a false FIR’: Madras HC acquits rape convict after noting that victim has a second child with him
In a criminal appeal filed by the convict to set aside the judgment of conviction and sentence imposed by an order passed by the District Mahila Sessions Court, under which the Sessions Judge has convicted and sentenced the convict for the offences under Sections 376(2)(n), 450 and 506(i) of the Penal Code, 1860, N. Seshasayee, J. acquitted the rape convict after the victim ended up having a second child with him months after they were sent to mediation for a solution regarding the upbringing of the first child. Further, the Court further said that, in the instant case, the prosecution has not been able to establish that there indeed was a crime. In fact, there is an abuse of judicial process when the victim set the criminal law in motion, perhaps with a false FIR. Read more
RAJASTHAN HIGH COURT
Balancing victim’s safety and accused rights, Rajasthan High Court grants parole away from Rape survivor’s residence
In a writ petition seeking 15-day parole by the petitioner who is currently incarcerated in Central Jail, Udaipur for rape of his daughter, a division bench of Munnuri Laxman and Dr. Pushpendra Singh Bhati, JJ., allowed the petition and granted the petitioner a 15-day parole under specified conditions. Read more
TELANGANA HIGH COURT
No exemption from faceless procedure for notices issued under S. 148 of Income Tax Act, 1961 for international tax charges: Telangana HC
The issue raised in the present petitions was “whether show cause notices issued under Section 148 of the Income Tax Act, 1961 in matters relating to international tax charges were exempted to follow the statutory faceless procedure?”. The Division Bench of Sujoy Paul* and Namavarapu Rajeshwar Rao, JJ., opined that no exemption from faceless procedure could be read by combined reading of the provisions for the purpose of issuance of notice under Section 148 of the 1961 Act and in the present case, since notices under Section 148 were not issued in a faceless manner, the entire further proceeding and assessment orders stood vitiated. Read more
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