ALLAHABAD HIGH COURT
Allahabad High Court denies bail to Maulana accused of performing Nikaah after forced conversion to Islam
In a bail plea filed for offences under Section 3 read with Section 5(1) of U.P. Prohibition of Unlawful Conversion of Religion Act, 2021, Rohit Ranjan Agarwal, J. after noting that the applicant who falls under the definition of religion convertor, had gotten the Nikaah ceremony of the informant performed with accused. Further, the necessary declaration to be obtained before conversion, given in Section 8 of Act, 2021, was not obtained from the DM, as mandated under the Act, held that prima facie an offence under Act, 2021 is made out, and bail cannot be granted. Read more
Allahabad High Court rejects second bail application of a man accused of committing unnatural sex with cows
In a second bail application filed by the accused seeking bail for offence under Section 377 of the Penal Code, 1860, Piyush Agrawal, J. without expressing any opinion on the merit of the case, refused to grant bail. Read more
BOMBAY HIGH COURT
Bombay HC dismisses PIL filed by firm ‘Crimeophobia’ to constitute Transnational Sanatan Commission; imposes Rs 10,000 cost
The present PIL was filed by petitioner, a self-styled Criminology Firm, through its founder Snehil Dhall, stating that the petition should be considered as an expert opinion in terms of Section 451 of the Evidence Act, 1872 as the founder of petitioner was a qualified criminologist/crime expert who urged the Court for issuing directions for establishing an Anti-Organized Crime Unit within the framework of Maharashtra Control of Organized Crime Act, 1999 and United Nations Transnational Organized Crime. Read more
‘Feeble excuses’; Bombay HC directs administrative action against Judicial Magistrate for non-compliance with order for expeditious disposal of trial
In an interim application before the Division Bench of A.S. Gadkari and Dr. Neela Gokhale, JJ., the matter was regarding respondent-Judicial Magistrate First Class’ failure to comply with a previous order of the instant Court. The previous order was issued in a case against the applicant/accused, alleging him of the offences prescribed under Sections 498-A, read with 34 of the Penal Code, 1860, and Sections 3 and 4 of the Dowry Prohibition Act, 1961. Read more
Explained | Bombay HC verdict directing UAE Based Parties to disclose assets in India for execution of decree for recovery of money by Luxembourg Company
In a case where a company incorporated in Luxembourg, filed an execution application against Respondent 3, Bhatia Trading Co. LLC, having its office in Sharjah, UAE, and also against Respondents 1 and 2, Suresh Tulsidas Bhatia and Rajeev Suresh Bhatia, residents of UAE, having their presence in Mumbai, India, seeking execution of the final judgment and decree dated 29-11-2022 passed by the Sharjah Federal Court, Civil Court of Appeal, UAE, a Single Judge Bench of Bharati Dangre, J., ordered and directed Respondents 1 to 3, to state on oath (i) full and complete details of assets, current assets, receivables as on date of the Final Judgment; (ii) furnish copies of the Annual Returns filed before the Income Tax Authorities for the last three accounting years; and (iii) furnish list of all their bank accounts with copies of the statements of accounts of the same for the last twos accounting years. Read more
Callous investigation in sexual assault case brought before Additional Chief Secretary (Home Dept.); Bombay HC directs strict remedial measures
The instant application was made under the provisions of Section 482 of the Code of Criminal Procedure, 1973, for the quashing of First Information Report registered against the accused for the offences punishable under Sections 354, 354-B, 504, 506 and 509 of the Penal Code, 1860. The Division Bench of A.S. Gadkari and Dr. Neela Gokhale, JJ., presided, wherein the FIR revealed that in addition to the informant, who was a victim of the aforementioned offences, her daughter was also a victim of the same offences. The Court noted that the accused had allegedly abused the informant and her daughter in filthy language, and tried to assault the daughter, tearing her dress and attempting to undress her. Read more
Bombay HC quashes circular exempting performance of musical works at wedding from copyright infringement under Copyright Act 1957
Petitioner, Phonographic Performance Limited filed the present petition under Article 226 of the Constitution seeking quashing and setting aside of the impugned Circular dated 30-01-2024 issued by Respondent 1, which stated that the performance of musical works etc., at religious ceremonies, including weddings did not amount to violation of the Copyright Act, 1957. The Division Bench of M.S. Karnik* and Valmiki Menezes, JJ., opined that respondent entered into the realm of interpretation of Section 52(1)(za) which was the domain of the competent Court to determine in the facts and circumstances of each case. The Court held that the impugned Circular was illegal and bad in law and thus, the impugned Circular dated 30-01-2024 issued by Respondent 1 was quashed and set aside. Read more
CALCUTTA HIGH COURT
Calcutta High Court refuses to restrain media houses and intermediaries from publishing news in petition filed by former principal of R.G. Kar Medical College
In a writ petition filed under Article 226 of the Constitution seeking a writ of mandamus to restrain the intermediaries and the media houses (respondents) from holding a media trial against the erstwhile principal of the R.G. Kar Medical College, a Single Judge Bench of Shampa Sarkar, J. disposed of the writ petition and held that an indiscriminate order or restraint on the media or intermediaries on the pleadings before the Court was uncalled for. Hence, the Court refused to restrain media houses and intermediaries from publishing news against the former Principal of R.G. Kar Medical College. Read more
CHHATTISGARH HIGH COURT
Reinstatement in service after alleged misconduct is removed cannot be treated as re-employment: Chhattisgarh HC grants consequential benefits deprived to employee
In a petition filed by the petitioner challenging that his reinstatement in service could not be treated as re-appointment, Goutam Bhaduri, J., stated that when the stigma of alleged misconduct was removed against the petitioner, which ultimately led to his reinstatement, then in such a case it could not be treated to be re-employment. The Court stated that the respondent was given liberty to hold departmental enquiry regarding the allegation made on the petitioner. However, the respondents themselves dispensed with it, which would take the petitioner to his original state of termination. Therefore, the period of eight years i.e., 19-04-1991 to 18-05-1999 would not be considered as a break in service and on setting aside termination of service, the petitioner could not be treated as re-employed. Read more
DELHI HIGH COURT
Delhi High Court partially sets aside Arbitral Award passed by Sole Arbitrator for failing to appreciate contractual terms subsisting between parties
In a petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 seeking to set aside the Arbitral Award dated 20-09-2023 passed by the Sole Arbitrator, a Single Judge Bench of Jasmeet Singh, J. set aside the finding made by the Sole Arbitrator regarding the pre-litigation interest in the impugned award, since the Arbitrator had failed to appreciate the contractual terms that were present between the parties. Read more
Delhi High Court modifies MACT Award to reduce compensation for loss of future income to man with pre-existing disability
In an appeal filed by National Insurance Co. Ltd. under Section 173 of the Motor Vehicles Act, 1988 to challenge the Award dated 16-02-2018 passed by the Motor Accidents Claims Tribunal, South District, Saket Courts, a Single Judge Bench of Chandra Dhari Singh, J. modified the impugned award passed by the Tribunal and decreased the compensation amount from Rs. 8,17,100/- to Rs. 5,11,602/- after observing that the compensation given under the head of loss of future income had been computed incorrectly. Read more
Delhi High Court grants interim protection from arrest to former IAS trainee officer Puja Khedkar
In a bail application filed by former IAS trainee officer Puja Khedkar in the event of arrest on the basis of a First Information Report for offences punishable under Sections 420/464/465/571 of the Penal Code, 1860, Section 66-D of the Information Technology (Amendment) Act, 2008, and Sections 89/91 of the Rights of Persons with Disabilities Act, 2016, a Single Judge Bench of Subramonium Prasad, J. impleaded Union Public Service Commission as one of the respondents in the matter and held that Puja Khedkar shall not be arrested till the next date of hearing. Read more
[Mankind v Mercykind] Delhi High Court directs fresh consideration of Injunction Application in Trademark Dispute
An appeal was filed by Mankind Pharma Limited challenging the Single Judge’s order dated 06-07-2018, which was refused to grant a temporary injunction to restrain the respondent from using the trade name “Mercykind Pharmaceuticals Private Limited”. A division bench of Yashwant Varma and Davinder Dudeja, JJ., set aside the impugned order, finding that the refusal to grant an injunction was erroneous due to the likelihood of consumer confusion between “Mankind” and “Mercykind,” and directed a fresh consideration of the injunction application, with all parties’ rights and contentions preserved and expedited proceedings scheduled for 27-08-2024. Read more
JAMMU & KASHMIR AND LADAKH HIGH COURT
Commission of scheduled offence is a prerequisite for prosecuting an offence under Prevention of Money Laundering Act: J&K High Court
In a petition filed under Section 482 of the Criminal Procedure Code, 1973, seeking to quash a complaint filed by the Enforcement Directorate, alleging an offence of money laundering under Section 3 of the Prevention of Money Laundering Act, 2002, a single-judge bench of Sanjeev Kumar, J., found that the CBI had not charged the petitioner with any scheduled offence, which is a necessary precondition for invoking PMLA provisions and quashed the complaint, charge sheet, and charges framed by the Designated Special Court, Srinagar, under the PMLA. Read more
MADHYA PRADESH HIGH COURT
“No fundamental right violated over non-acquisition of land”; MP High Court dismisses plea challenging land exclusion
In a writ petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents to acquire the petitioner’s land pursuant to a notification dated 06-09-022 under the Coal Bearing Areas (Acquisition & Development) Act, 1957, a single-judge bench of G.S. Ahluwalia, J., held that the petitioner’s land was lawfully excluded from acquisition under the Act due to legal and regulatory restrictions. The Court dismissed the petition on not finding any grounds for interference in the acquisition process. Read more
MADRAS HIGH COURT
Madras HC dismisses plea to declare ‘Thirukkural’ as National book of high values and virtues of India
In a petition filed under Article 226 of the Constitution of India, to direct the Union Government to take appropriate action to declare ‘Thirukkural as the National book of High values and virtues of India’ or ‘the National Literature of virtue with Ethics of India’ along with Constitution of India by the way of making an act and a notification with a declaration in the official gazette of Union of India , the division bench of R. Subramanian and L. Victoria Gowri, JJ. said that by its nature, our Nation has got several people speaking several languages and in such situation, if the prayer of the petitioner is allowed, it will result in every High Court in the country passing orders for recognizing a particular text or an epic or a book as a National Book of High Values and Virtues of India. Read more
MEGHALAYA HIGH COURT
Meghalaya High Court upholds Assam rifleman’s dismissal from service for engaging in polygamy
In an intra-Court appeal against a decision of the Single Judge, whereby the appellant/ rifleman’s dismissal from his service on ground of polygamy was upheld, the Division Bench of S. Vaidyanathan, CJ and W. Diengdoh, J. dismissed the appeal and upheld the impugned decision, upholding rifleman’s dismissal from service. Read more
ORISSA HIGH COURT
Mere absence of affidavit supporting allegations against Judicial Officer does not warrant automatic dismissal of complaint and departmental proceedings: Orissa HC
In a writ petition by a Civil Judge, Senior Division to quash the departmental proceedings initiated against him by the High Court, the Division Bench of Chittaranjan Dash and SK Sahoo, J. held that the initiation of departmental proceedings against him was in strict compliance with the guideline laid down by the then Chief Justice of India vide D.O. letter No. CJI/CC/Comp/2014/1405 and in accordance with the principles of natural justice and therefore, his claim was bereft of merit, hence, dismissed. Read more
RAJASTHAN HIGH COURT
‘No power to de-empanel a hospital’; Rajasthan High Court quashes Medipulse Hospital’s De-Empanelment under Central Govt Health Scheme
In a civil writ petition filed by Medipulse Hospital, the petitioner, challenging an office memorandum issued by the Additional Director of the Central Government Health Scheme, which de-empanelled the hospital from the CGHS network for five years, a single-judge bench of Dinesh Mehta, J., quashed the de-empanelment order and directed the respondent to allow the petitioner hospital to resume its services under CGHS immediately. Read more
