ARBITRATION
DELHI HIGH COURT | Objections under S. 47 CPC not allowed in enforcement proceedings of arbitral award, allowing such objection undermines S.34 A&C Act
In a petition filed by the decree holder under Section 36 of the Arbitration and Conciliation Act, 1996 (‘A&C Act’) seeking enforcement of award dated 12-5-2014, passed by the Arbitral Tribunal (‘AT’), Jasmeet Singh, J.*, stated that if the objections under Section 47 of Civil Procedure Code, 1908 (‘CPC’), were allowed to be entertained during the enforcement proceedings of an award, it would effectively open a second round for challenging the award which the legislature did not intend to do, as allowing the same would undermine the provision of Section 34 of A&C Act. Consequently, the Court allowed the present petition and stated that the award dated 12-5-2014 passed by the AT was to be enforced. Read more HERE
BAIL
DELHI HIGH COURT | Anticipatory bail granted in NDPS Case due to absence of nexus between accused and drug recovery
In a petition seeking pre-arrest bail for offences under Sections 8(c), 22(c), 23(b), 27-A and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (‘NDPS Act’), Amit Mahajan, J., granted bail on furnishing a personal bond for a sum of ₹25,000 with two sureties of the like amount, subject to the satisfaction of the concerned SHO and conditions as laid down by the Court. Read more HERE
PUNJAB AND HARYANA HIGH COURT | ‘Bribery strikes at root of public administration, erodes public faith in govt. institutions’; Anticipatory bail plea of Junior Engineer, rejected
In an anticipatory bail application filed by a Junior Engineer for an FIR under Section 7 of the Prevention of Corruption Act, 1988 (‘PC Act’), a Single Judge Bench of Manjari Nehru Kaul, J., dismissed the application, holding that grant of bail at this stage may not only hamper the ongoing investigation, but may also send an inappropriate signal in cases involving abuse of public office for pecuniary advantage. Read more HERE
BIGAMY
ALLAHABAD HIGH COURT | Bigamy not applicable to Muslim man under Mohammedan Law unless second marriage is void under Shariat
In an application filed to quash the chargesheet and summoning orders passed against the accused for the offences under Sections 376, 495, 120-B, 504, 506 of the Penal Code, 1860 (‘IPC’) pending before the court of Additional Chief Judicial Magistrate, the Single Judge Bench of Arun Kumar Singh Deshwal, J. held that if a Muslim male had performed his first marriage in accordance with Mohammedan law, then his second, third, or fourth marriage would not have been considered void. Therefore, the ingredients of Section 494 of the IPC would not have been attracted to the second marriage, except in cases where the second marriage had been declared batil (void) by the Family Court under Section 7 of the Family Court Act or by any competent court, as per the Shariat. Read more HERE
CINEMAS, VIDEOS AND TELEVISION
BOMBAY HIGH COURT | ‘Termination of Film Assignment Agreements not justified’; Goldmines Telefilms’ plea to restrain Viacom 18 from acting as assignees/licensees for its films, rejected
The applicant, Goldmines Telefilms (P) Ltd. sought order of temporary injunction against the defendants in respect of 18 films concerning the Film Assignment Agreement dated 30-3-2016, and one film under the Film Assignment Agreement dated 6-11-2015 (‘the suit films’), on the basis that the agreements stood validly terminated in respect of such films for violation of certain clauses of the agreements. The applicant did not assert relief against the film “Mission Vande Mataram”. A Single Judge Bench of Manish Pitale, J., after referring to various clauses of the agreements, opined that Defendant 1, Viacom 18 Media (P) Ltd. was entitled to have its own policy to earn maximum revenue by commercially exploiting the films that form subject matter of the agreements. The Court also opined that Defendant 1 had prima facie indicated that its act of carrying out deletions, edits and cuts in the films was covered under its absolute, complete, and unrestricted rights/power as per its internal standard practice and policy. The Court rejected the interim application and stated that after the applicant agreed to such a wide right/power being available with the defendants, it could not claim that the actual deletions, edits and cuts carried out by the defendants violate the clause of the agreements, to justify the drastic step of terminating the agreements to the extent of licenses in respect of the suit films. Read more HERE
BOMBAY HIGH COURT | ‘Staying release would cause immense loss to all involved’; Stay against web series ‘Gram Chikitsalaya’ due to copyright infringement allegations, refused
In a stay application filed against the release of the web series ‘Gram Chikitsalaya’ claiming copyright infringement, a Single Judge Bench of Manish Pitale., J., rejected the application, holding that not only did the applicant approach the Court at the eleventh hour, but it had also failed to justify the delay in approaching the Court. The Court further held that, prima facie, the idea of an educated MBBS doctor reaching a rural set up, leading to interaction with rural folk and an existing vaidya alleged to be a quack, could not be considered a copyrightable idea. Read more HERE
CIVIL SUITS
DELHI HIGH COURT | Plaint must be considered alongside its relied documents to determine whether it discloses cause of action
In a petition where the question arose for consideration was whether the documents filed with the plaint could be considered for determining whether the plaint disclosed the cause of action or not, Ravinder Dudeja, J.*, stated that the plaint was not to be looked in isolation distinct from the documents relied upon with the plaint. Since the respondent had placed on record all the relevant documents which would furnish the requisite details regarding the goods booked by the petitioner and sent by the respondent. Therefore, the Court stated that it could not be said that plaint did not disclose the cause of action. Thus, the Court dismissed the present petition. Read more HERE
DELHI HIGH COURT | Suit between Reckitt Benckiser and social media influencer based on Joint Settlement Agreement in Dettol controversy case, decreed
In a joint application under Order 23 Rule 3 of the Civil Procedure Code, 1908 filed on behalf of the plaintiff and Defendant 2 seeking a consent decree based on the terms of the Joint Settlement Agreement dated 8-4-2025, Saurabh Banerjee, J.*, perused the terms of the Agreement and found them to be lawful. Accordingly, the Court stated that the present suit was decreed in terms of the Joint Settlement Agreement arrived between the plaintiff and Defendant 2. Read more HERE
CREMATION/ CREMATORIUM/ BURIAL GROUND
MEGHALAYA HIGH COURT | PIL on cremation facilities expanded to address need for Christian cemeteries
In a public interest litigation petition regarding the facilitation of the cremation of persons belonging to the Khasi, Jaintia and Hindu communities throughout the State of Meghalaya, in light of dearth of crematoria and unwillingness of members of these communities to share a crematorium with each other, the Division Bench of IP Mukerji and W. Diengdoh, JJ. enlarged the scope of PIL to include the Christian community considering judicial notice of information that various denominations of the Christian faith were facing difficulty in burying their dead. Read more HERE
DEFAMATION
BOMBAY HIGH COURT | Videos allegedly defaming State’s Cabinet Minister Girish Dattatray Mahajan directed to be taken down
In a case wherein, a suit was filed by the applicant for defamation on account of false, reckless, and unsubstantiated allegations made by Respondent 1 in videos uploaded by him on his YouTube channel in respect of the applicant, a Single Judge Bench of Arif S. Doctor, J., opined that the statements made by Respondent 1 as discerned from the transcripts were per se defamatory. Thus, the Court directed taking down of the defamatory videos and held that till the present suit was pending, Respondents 1 and 2 were restrained by a permanent order and injunction, from making, publishing, or republishing and/or broadcasting or rebroadcasting and/or causing to be published or republished and/or causing to be broadcasting any defamatory and/or libellous or slanderous statements, videos, articles, interview or statement in any form whatsoever or the statements in relation to which the applicant took objection to, on any of the social media portals including YouTube, Facebook, Twitter. Read more HERE
DETENTION/DEPORTATION OF FOREIGNER
GAUHATI HIGH COURT | Return of Nigerian citizen who was illegally detained for about 4 years, directed
In a writ petition filed by a Nigerian citizen, who was illegally detained in India for 1457 days, seeking video interaction with the Embassy of Nigeria (‘the Embassy’) for the grant of an Emergency Travel Certificate/ Document, the Division Bench of Kalyan Rai Surana* and Malasri Nandi, JJ., allowed the petition thereby directing the Ministry of Home Affairs and/or Ministry of External Affairs to take up the matter with the Embassy and facilitate his travel to Nigeria. Read more HERE
EDUCATION LAW
BOMBAY HIGH COURT | ‘College founded on Mahatma Gandhi’s teachings to treat their employees without any exploitation’; Appointment of teacher on probation for nearly 7 years, affirmed
In a case wherein the petitioner, worked as a Probationer in Mumba Devi Adarsh Sanskrit Mahavidyalay (‘the College’) for nearly 7 years as she did not receive a confirmation letter after her probation of two years was completed, the Division Bench of Ravindra V. Ghuge* and Ashwin D. Bhobe, JJ., opined that the manner in which the petitioner was treated amounted to exploitation, and it had shocked judicial conscience of this Court. The Court, after confirming the petitioner’s appointment, held that the petitioner was entitled to five increments and normal scale promotions, as per Rule 19.1 of the University Grants Commission Regulations, 2018 (‘the 2018 Regulations’). The Court, after noting that the College was founded with the blessings of Mahatma Gandhi, opined that if the College was to function being inspired by the teachings of the ‘Mahatma’, then it must treat its every employee fairly and without any exploitation. Read more HERE
RAJASTHAN HIGH COURT | ‘Attempt to misuse of judicial process to settle personal score’; Husband’s plea alleging wife’s plagiarism in research thesis, dismissed
In a writ petition filed by husband-petitioner seeking directions to the University of Rajasthan to take action against his wife for alleged plagiarism committed by her in her research thesis, a single-judge bench of Anoop Kumar Dhand, J., dismissed the petition for being “highly misconceived” and an attempt to misuse the Court to “settle the personal grudges or disputes.” Read more HERE
FIR
DELHI HIGH COURT | ‘Transferring case to another State reflected mechanical approach’; Registration of regular FIR directed instead of Zero FIR as offence occurred within jurisdiction
In a petition seeking to direct Respondents 2 and 3 to restore the investigation of the registered FIR, by passing the appropriate action for illegal transfer of the case to Respondent 4, Sanjeev Narula, J.*, stated that the act of transferring the case to another state, when an offence also clearly occurred within its own jurisdiction, reflected a mechanical approach, which undermined the gravity of the petitioner’s allegations. The Court stated that the registration of a Zero FIR instead of a regular FIR, not only delayed the investigative process, but potentially compromised the integrity of the evidence collection and investigation. Thus, the Court directed Respondents 2 and 3 to register a regular FIR, instead of Zero FIR and conduct an investigation. Read more HERE
FURLOUGH
GUJARAT HIGH COURT | Narayan Sai’s furlough plea in Surat rape case, rejected
In a petition filed under Articles 21 and 226 of the Constitution by Narayan Sai, son of Asaram Bapu who had been convicted for inter alia rape, unnatural offences, outraging modesty, and criminal intimidation, challenging the rejection of his furlough leave application by the Inspector General of Prison (‘IGP’), a Single Judge Bench of M. R. Mengdey, J., rejected the petition holding that the conduct of him and his disciples indicated that his release on furlough leave could be detrimental to the law and order situation at large, and there was a possibility of an untoward incident happening. Read more HERE
HATE SPEECH OR CONTROVERSIAL SPEECH
MADHYA PRADESH HIGH COURT | Suo motu action taken against BJP Minister Vijay Shah for using ‘scurrilous language’ against Col. Sofia Quraishi
While taking suo motu cognizance based on media reports (Patrika, Dainik Bhaskar, Nayi Duniya — all dated 14-05-2025) and video footage circulating on digital platforms regarding a disparaging speech made by a sitting BJP minister Vijay Shah, against Col. Sofia Quraishi, a senior officer of the Indian Army, a Division Bench of Atul Sreedharan and Anuradha Shukla, JJ., directed the Director General of Police (DGP), Madhya Pradesh, to register an FIR against Minster Vijay Shah by the evening of 14-05-2025, under Sections 152, 196(1)(b), and 197(1)(c) of the Bhartiya Nyaya Sanhita, 2023 (BNS). Read more HERE
MADHYA PRADESH HIGH COURT | Col. Sofiya Qureshi Remark Case | State criticised for the manner of registration of FIR against BJP Minister Vijay Shah
In a suo motu case based on media reports (Patrika, Dainik Bhaskar, Nayi Duniya — all dated 14-05-2025) and video footage circulating on digital platforms regarding a disparaging speech made by a sitting BJP minister Vijay Shah, against Col. Sofia Quraishi, a senior officer of the Indian Army, a Division Bench of Atul Sreedharan and Anuradha Shukla, JJ., directed that the entire order dated 14-05-2025 shall be read as part of para 12 of the FIR registered against the Minister Vijay Shah be read all judicial, quasi-judicial and investigating purposes. Read more HERE
DELHI HIGH COURT | Saket Gokhale directed to publish apology to Lakshmi Murdeshwar Puri; Sealed cover apology, rejected
The present suit was filed by the petitioner, Lakshmi Murdeshwar Puri, seeking direction to the respondent, Saket Gokhale, to take down/delete the offending tweets from public domain and sought an unconditional apology from him. A Single Judge Bench of Anish Dayal, J., after considering that the decree in Lakshmi Murdeshwar Puri v. Saket Gokhale, (2024) 4 HCC (Del) 356, was passed on 1-7-2024, wherein the respondent was directed to publish an apology, but still had not complied with the judgment/decree, held that the apology as directed by the judgment/decree dated 1-7-2024, should be tendered by the respondent within two weeks from the date of the present order. Read more HERE
ILLEGAL/UNAUTHORISED DEVELOPMENT/CONSTRUCTION
BOMBAY HIGH COURT | ‘Illegality is inherently incurable’; Demolition order against Aaryans World School, Pune for illegal structure, upheld
In a case wherein a petition was filed under Article 226 of the Constitution by the petitioner, Aaryans World School, seeking setting aside of the order dated 17-4-2025 passed by the Tahasildar and Designated officer Pune, Metropolitan Region Development Authority (‘PMRDA’), Respondent 1, calling upon the petitioner to remove the unauthorized construction, the Division Bench of A.S. Gadkari and Kamal Khata*, JJ., after considering the facts of the present case, held that the structure constructed by the petitioner was wholly illegal as no permissions at all were obtained from the competent Authority. The Court stated that the Gram Panchayat’s permission/No Objection Certificate (‘NOC’) had no relevance, and the required permission should have been obtained from the Collector in the absence of any Authority. Read more HERE
INTELLECTUAL PROPERTY
BOMBAY HIGH COURT | Temporary injunction granted to Metro Brands for mark ‘Metro’; restrains MetBrands (P) Ltd. from using mark ‘MetBrands’
In a trade mark infringement suit between the applicant, Metro Brands Limited and the defendant, MetBrands Private Limited, a Single Judge Bench of Arif S. Doctor, J., opined that prima facie, the goods and services being sold under the marks, METBRANDS/ (‘the impugned marks‘), by the defendant were deceptively similar to that of the applicant’s registered marks, and (‘the house marks’) and and (‘the trade marks’). The Court thus restrained and prohibited the defendant from infringing upon the applicant’s marks by directly or indirectly using, manufacturing, selling, distributing, advertising, publishing, displaying, stocking, or in any manner on any products bearing the trade marks/trade name/label/packaging/trade dress/theme of ‘METRO’ and its variants, more particularly the impugned marks, including but not limited to ‘METBRANDS’, and the graphic representations thereof and/or any other mark identical and/or deceptively similar to the applicant’s registered mark ‘METRO’. Read more HERE
INVESTIGATION
DELHI HIGH COURT | CBI cannot be rendered helpless in investigating further if during trap proceedings more information is received about offence/offenders
In a petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking grant of anticipatory bail in FIR registered for the offences under Section 61(2) of Bharatiya Nyaya Sanhita, 2023 and Sections 7, 8, 9, 10 and 12 of Prevention of Corruption Act, 1988 (‘PC Act’), Shalinder Kaur, J.*, stated that undoubtedly, the allegations of corruption must be dealt with zero tolerance. When, during a trap proceeding, further information was received about the offence/offenders, the CBI could not be rendered helpless in proceeding with further investigations. The Court stated that the nature and gravity of the alleged offence, prima facie, showed that the allegation against the petitioner could not be lightly brushed aside at this stage. Accordingly, the Court dismissed the petitioner’s application for the grant of anticipatory bail. Read more HERE
JUDGES
MADHYA PRADESH HIGH COURT | ‘Error of judgment, not misconduct’; ADJ’s dismissal from service for being ‘shockingly disproportionate’, set aside
In a writ petition challenging the dismissal of petitioner, a judicial officer serving as Additional District and Sessions Judge in the M.P. Higher Judicial Services, for granting bail to the accused whose prior bail applications was rejected or dismissed by the High Court, the Division Bench of Suresh Kumar Kait, CJ., and Vivek Jain,* J., held that although the petitioner committed an error in judicial discretion by granting bail contrary to High Court orders, but it did not amount to grave misconduct. The Court deemed punishment of dismissal as “shockingly disproportionate” and reduced the same to “withholding of two increments without cumulative effect.” Read more HERE
LOK ADALATS
RAJASTHAN HIGH COURT | Suo moto action taken over non-functioning of 16 Permanent Lok Adalats
While taking suo motu cognizance based on a news report published in the Hindi daily newspaper Dainik Bhaskar dated 13-05-2025, regarding a grave issue related to “Access to Justice,” i.e., State Government, vide an order dated 09-04-2025, rendered 16 permanent Lok Adalats non-functional, a Division Bench of Shree Chandrashekhar and Sandeep Shah, JJ., impleaded the respondents and directed them to file their replies. Read more HERE
MAINTENANCE
DELHI HIGH COURT | Cessation of employment by wife to raise her child cannot be viewed as voluntary abandonment of work; Wife entitled to maintenance
In a revision petition filed by the petitioner (‘husband’), seeking to set aside the order dated 21-10-2023, passed by the Family Judge, North District, Rohini Courts, Delhi (‘Family Court’), Swarana Kanta Sharma, J.*, stated that it is well settled that the responsibility of caregiving to a minor child fell disproportionately upon the parent with custody, often limiting their ability to pursue full-time employment, especially in cases where there was no family support to take care of the child. In such circumstances, the cessation of employment by the respondent (‘wife’) could not be viewed as voluntary abandonment of work but consequently necessitated by the paramount duty of childcare. The Court found no perversity or legal infirmity in the said assessment by the Family Court and further stated that, while awarding interim maintenance, the Family Court had rightly considered the needs of the child, and the standard of living to which the parties were accustomed. Read more HERE
MEDICAL PRACTICE AND PRACTITIONERS
HIMACHAL PRADESH HIGH COURT | ‘Cannot be compelled to work against his wishes’; IGMC Shimla directed to give NOC to doctor seeking new job
In a writ petition filed by a doctor who was not being allowed to join the post of Assistant Professor (Neonatology) at AIIMS, Bilaspur, due to a bond that he shall serve the State for seven years after the successful completion of his Super Specialty Course, a Single Judge Bench of Sandeep Sharma, J., allowed the petition, holding that since the petitioner was willing to deposit the bond money he could not be forced to work against his wishes. Accordingly, the Court directed the petitioner to deposit the bond amount and the respondent authorities to issue the final No Objection Certificate (‘NOC’) for joining his appointment at AIIMS. Read more HERE
GUJARAT HIGH COURT | “Systematic attempt to mint more money under PMJAY scheme”; Bail plea of doctor accused in Khyati Hospital Angioplasty Scandal, dismissed
In a bail application filed by a doctor who allegedly caused death of two patients by performing an unnecessary angioplasty procedure on them, a Single Judge Bench of M.R. Mengdey, J., dismissed the application, holding that the involvement of the accused doctor in the present offence could not be ruled out at this stage since the material available on record indicated a strong prima facie case against him. Read more HERE
MOTOR VEHICLES
GAUHATI HIGH COURT | Practice directions issued for disclosure of details while filing compensation applications under Section 166 (1) MV Act
On 02-05-2025, the Court issued a notification providing practice directions for the disclosure of material details while filing motor vehicle claim (“MAC”) applications under Section 166(1) of the Motor Vehicles Act, 1988 (“MV Act”) to all Motor Accident Claims Tribunals (“MACTs”) or Courts taking up MAC cases where there are no designated MACTs. Read more HERE
PUBLIC PROPERTY
MADHYA PRADESH HIGH COURT | Vandalisation of Dr. Ambedkar’s Statue | Police dircted to continue investigation and file monthly reports
In a writ petition filed under Article 226 of the Constitution of India, seeking judicial intervention in connection with the vandalisation of the statue of Dr. Bhim Rao Ambedkar situated at Bajar Chowk, Village Dargada, Police Station Dhuma, District Seoni allegedly occurred during the night of 11-02-2025, a Division Bench of Suresh Kumar Kait,* CJ., and Vivek Jain, J., directed the SHO/IO and the Superintendent of Police, Seoni, to continue the investigation until the actual culprits are booked and file a monthly progress report before the concerned Magistrate. Read more HERE
QUASHMENT OF PROCEEDINGS/FIR
RAJASTHAN HIGH COURT | ‘Doctors have no incentive to willfully endanger life in trust-driven healthcare ecosystem’; FIR alleging Medical Negligence, quashed
In a petition seeking quashment of FIR alleging gross medical negligence by Vasundhara Hospital, Jodhpur and its doctors leading to the death of complainant’s daughter-in-law, an RAS officer, a single-judge bench of Farjand Ali, J., quashed the FIR on not finding any credible evidence of intentional wrongdoing, reckless indifference, or disregard for standard care, especially when an independent expert committee also did not found any lapse warranting further action. Read more HERE
RIGHT TO INFORMATION
KERALA HIGH COURT | Public Information Officer neither has power nor duty to conduct an inquiry under Section 7 of Right to Information Act
In a writ petition filed by Principal, MSM College seeking to direct the University of Kerala to approve his appointment, the Single Judge Bench of N. Nagaresh, J. held that a Public Information Officer was not legally empowered or obligated under Section 7 of the Right to Information Act, 2005, to initiate an investigation in the absence of a specific complaint or authority to do so. The Court observed that since the petitioner was not the competent officer to address the complaint and no specific allegation regarding a forged document had been received, the PIO had no duty to investigate the matter. Accordingly, the Court directed the University of Kerala to confirm the provisional approval of the petitioner’s appointment, as granted by the University’s order dated 03-06-2024. Read more HERE
SCS, STS, OBCS AND MINORITIES
BOMBAY HIGH COURT | FIR against an Advocate, who used the word ‘bhangi’ in a video complaining about garbage, quashed
In a present case, a criminal application was filed by the applicant for quashing FIR dated 7-8-2023 registered with Jalgaon City Police Station and the proceedings pending before the Special Judge, under the Additional Sessions Judge, Jalgaon for the offences punishable under Sections 3(1)(r) and 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (‘the Atrocities Act’). The Division Bench of Vibha Kankanwadi* and Sanjay A. Deshmukh, JJ., after considering the video made by the applicant, wherein while complaining about the garbage in an area, he used words like “Bhangiwada” and “Mehtarwada”, opined that the said words could not be considered as insulting the members of Rukhi or Walmiki caste and the intention behind stating that, was only to point out the area from where the pigs had come near the garbage. The Court thus quashed and set aside the FIR and the criminal proceedings against the applicant. Read more HERE
SERVICE LAW
GUJARAT HIGH COURT | ‘Re-evaluation beyond specified period anathema to finalization of result’; Appointment of 2019 GPSC exam candidates illegally rejected after succeeding, directed
In a letters patent appeal filed by candidates who succeeded the 2019 Gujarat Public Service Commission (‘GPSC’) exam for recruitment to Class-III Posts but were later denied appointment due to re-evaluation of marks making them unqualified for the want of less than one mark, the Division Bench of A.S. Supehia* and Gita Gopi, JJ., allowed the appeal holding that there was no provision allowing the re-evaluation, much less beyond the 30-day statutory re-checking period. Read more HERE
ANDHRA PRADESH HIGH COURT | Payment of pending dues to brother of deceased Government Teacher after 37-year legal battle, directed
A petition was filed seeking to issue an order or direction declaring the action of the respondent authorities in not paying the death benefits of an individual who died in harness as 2nd Grade Teacher in St. Anthony Elementary School, Maharanipeta, Visakhapatnam as arbitrary, illegal, null and void and consequently direct the respondent authorities to pay the death benefits in favor of the petitioner. Venkata Jyothirmai Pratapa, J., directed the respondent authorities to reconstruct the service register within one month and to treat the petitioner’s claims as correct and disburse all admissible death benefits to him within two months. Read more HERE
MADHYA PRADESH HIGH COURT | ‘Removal from service is shockingly disproportionate’; Reconsideration of punishment for proven misconduct, directed
In a writ petition filed under Article 226 of the Constitution of India challenging the punishment of removal from service imposed on a Class IV employee (Peon) for being drunk and arriving late on VIP driving duty resulted in the Judge missing his train, a Division Bench of Sanjeev Sachdeva and Vinay Saraf,* JJ., upheld the findings of misconduct arrived at in the departmental enquiry, but, set aside the punishment of removal from service and remitted the matter to the Disciplinary Authority for reconsideration of the penalty in light of the proved misconduct. Read more HERE
ALLAHABAD HIGH COURT | UP Government’s suspension order against DSP over alleged relationship outside marriage, stayed
In a writ petition filed by a Deputy Superintendent of Police (‘DSP’) against his suspension order, wherein the Uttar Pradesh Government has suspended him on the allegation of being in a sexual relationship with another woman despite being married, the single judge bench of Karunesh Singh Pawar, J. upon due consideration of Rule 29(1) of the U.P. Government Servants Conduct Rules, 1956, the judgment and order passed by the Division Bench in V.N. Daipuria v. State of U.P., and the judgment of the Division Bench in Shahjahan Khan v. State of U.P., 2002 SCC OnLine All 46, stayed the operation of the impugned suspension order until further orders. Read more HERE
UNDERTRIALS
ALLAHABAD HIGH COURT | Undertrials must first seek Court permission to travel abroad before applying for issuance or renewal of passport
In a writ petition filed for directing the Regional Passport Officer, for issuance of passport to him as per the notification dated 25-08-1993 issued by the Ministry of External Affairs, the division bench of Rajan Roy and Om Prakash Shukla*, JJ. held that in all cases where criminal proceedings were pending and where the issuance of a passport had been denied under the operation of Section 6(2)(f) of the Passport Act, 1967, the under-trial, as a condition precedent, had to first seek permission or an NOC from the Court concerned, where the trial was pending, to travel abroad or depart, for which a passport was required. Only then, as a condition subsequent, could the applicant apply to the passport authority for the issuance of the passport for a period as specified in the permission order or for the period specified in the notification dated 25-08-1993. Read more HERE
WATER, RIVERS, CANALS, DAMS AND WATERWAYS
PUNJAB AND HARYANA HIGH COURT | ‘Punjab ought to have approached Centre but did not’; Removal of Punjab Police deployed at Bhakhra Nangal Dam, directed
In a set of three writ petitions filed seeking direction to the State of Punjab to remove the police force deployed at the Bhakhra Nangal Dam and Lohand Control Room Water Regulation Offices (‘Control Rooms’) and for release of 8500 cusecs (‘cs’) water in the Bhakra Canal according to the decision taken by the Bhakra Beas Management Board (‘BBMB’), the Division Bench of Sheel Nagu*, CJ., and Sumeet Goel, J., disposed the petitions, holding that Punjab ought to have represented its dissent before the Central Government which it did not. The Court also restrained Punjab and its functionaries from interfering in the day-to-day functioning, operation, and regulation of the Control Rooms and directed it to abide by the decision to release water to Haryana. Read more HERE
ARTICLE 20(3) OF THE CONSTITUTION OF INDIA
BOMBAY HIGH COURT | ‘Article 20(3) of Constitution not attracted’; Wife ordered to give voice sample to verify husband’s claim of extra marital affair
In a case wherein, the petitioners challenged order dated 14-2-2024 (‘the impugned order’) passed by the Judicial Magistrate First Class, Parner, in a case refusing to direct the respondent to give her voice sample for referring it to authorize forensic laboratory for verification/identification of her recorded voice in compact disc and the memory card, a Single Judge Bench of Shailesh P. Brahme, J., opined that if there was adequate material on record having potential to prove the relevant facts, then a person could be compelled to give a voice sample, and such power was conceded to the Magistrate. Thus, the Court held that Respondent 1-wife was bound to give her voice sample to be referred to the forensic laboratory for verification and opined that the principles of Article 20(3) of the Constitution would not be attracted. Read more HERE
