Appointments & TransfersNews

Appointment of Judges

President of India appoints the following as Judges of Madhya Pradesh High Court:

  1. Shri Anil Verma
  2. Shri Arun Kumar Sharma
  3. Shri Satyendra Kumar Singh
  4. Smt. Sunita Yadav
  5. Shri Deepak Kumar Agarwal, and
  6. Shri Rajendra Kumar (Verma).

Anil Verma, B.Sc, LLB., joined Judicial Service as Civil Judge Class- Il on 26.08.1987. He worked as Special Judge, Sagar, Secretary, Law & Legislative Department, Govt. of MP, Bhopal, Principal Judge Family Court, Sagar, District & Session Judge, Sagar, District Judge (Vigilance) Indore, and presently he is working as Principal Registrar, High Court of MP Bench at Indore since 04.06.2018.

Shri Arun Kumar Sharma, B.Sc., LLB, joined Judicial Service on 27.08.1987. He worked as Additional District & Sessions Judge, Tikamgarh, Indore, Principal Judge Family Court, Chhatarpur, District & Sessions Judge, Tikamgarh. At present he is working as a District & Sessions Judge, Chhatarpur since 28.03.2019.

Shri Satyendra Kumar Singh, B.Sc, LLB, joined Judicial Service on 03.11.1987. He worked as OSD/Additional Registrar//Registrar(Vigilance) in High Court of M.P., Jabalpur, Special Judge SC/ST Act and 1 st A.J. to I st A.D.J. Ujjain, District & Sessions Judge, Alirajpur, Ujjain and Principal Registrar (Vigilance) HC of MP, Jabalpur. At present he is working as a Principal Secretary, Govt. of MP, Law & Legislative Affairs Department, Bhopal since 14.05.2018.

Smt. Sunita Yadav, B.Sc., LLB, joined Judicial Service on 07.09.1987. She worked as First Addl. Distt. Judge Morena, Executive Director (Law), Delhi Electricity Regulatory Commission, New Delhi (on deputation), Special Judge SC/ST Act and Additional District Judge, Gwalior, District and Sessions Judge, Ashok Nagar. At present she is working as a District & Sessions Judge, Datia since 03.07.2017.

Shri Deepak Kumar Agarwal, B.Sc., LLB, joined Judicial Service on 01.09.1987. He worked as Addl. Distt. & Session Judge, Indore, Special Judge Atrocities, Bhind District & Sessions Judge, Balaghat. At present he is working as a District & Sessions Judge, Gwalior since 01.12.2018.

Shri Rajendra Kumar (Verma), B.A, LLB, joined Judicial Service on 28.09.1987. He worked as President District Consumer Disputes Redressal Forum, Khandwa, Secretary Law & Legislative, Govt. of MP, Bhopal, Additional District & Sessions Judge, Dewas, District & Sessions Judge, Ailrajpur, Rajgarh Principal Judge, Family Court, Bhopal, At present he is working as District & Sessions Judge, Bhopal since 01.12.2018.

Case BriefsHigh Courts

Madras High Court: G.R. Swaminathan, J., addressed a matter in regard to child pornography.

An instant petition for anticipatory bail was filed.

Prosecutions’ Case

Petitioner browsed, downloaded and transmitted child pornographic material by using Airtel sim through his e-mail and Facebook Account.

Child Pornography an offence or not?

It is stated that viewing pornography privately will not constitute an offence. As of date, no provision exists that prohibits such private acts and there are even some that elevate it as falling within one’s right to free expression and privacy.

Section 67-B of the Information Technology Act, 2000 penalises every kind of act pertaining to child pornography.

 Whoever publishes or transmits or causes to be published or transmitted material in any electronic form which depicts children engaged in sexually explicit act or conduct; or creates text or digital images, collects, seeks, browses, downloads, advertises, promotes, exchanges or distributes material in any electronic form depicting children in obscene or indecent or sexually explicit manner; or cultivates, entices or induces children to online relationship with one or more children for and on sexually explicit act or in a manner that may offend a reasonable adult on the computer resource; or facilitates abusing children online, or records in any electronic form own abuse or that of others pertaining to sexually explicit act with children is liable to be punished.

Therefore, even viewing child pornography constitutes an offence.

How the offending activity that took place in a private place came to light?

As per a news report quoting a police officer warning citizens that they must understand that activities on cyber space are always monitored.

It was stated that there is an international NGO called NCMEC (National Center for Missing & Exploited Children) and it maintains a Cyber Tipline. There is a Memorandum of Understanding between the National Crime Records Bureau (NCRB), India and NCMEC, USA and that provides access to the material available with NCMEC. One such Tipline report sent to the respondent police implicated the petitioner.

Further, it was noted that the said occurrence took place almost one year back and appeared to be a one-off act. Hence petitioner was directed to hand over his phone and sim card and other involved devices to the respondent.

Court expressed that custodial interrogation was not warranted.

Expressing that Child Pornography is a serious issue warranting a firm approach, Bench added that it would make a distinction between a one time consumer and those who transmit or propagate or display or distribute in the digital domain.

It is obvious that the moment one steps into digital space, one comes under the surveillance either of the State or those manning the social networking sites. If one is zealous about privacy, the only option is to stay outside such networks. Of course, in the current world, it is not a viable option.

 Though Central and State Governments are mandated to spread awareness under Section 43 of the POCSO Act about the provisions of the State, yet alone the same may not be sufficient since the “Big Brother” watching us may not deter those who are determined to indulge in such acts.

Adding to the above, it was stated that moral education is the only way out.

It is only the Bharatiya culture that can act as a bulwark. The menace of child pornography can be tackled only if all of us inculcate the right values.

 [P.G. Sam Infant Jones v. State, 2021 SCC OnLine Mad 2241, decided on 11-06-2021]


Advocates before the Court:

For Petitioner: Mr. Venkateshwaran. R.

For Respondent: Mr. T. Senthilkumar, Government Advocate (Crl.Side)

Case BriefsForeign Courts

Ireland, Supreme Court: Full bench of Clarke C.J. and  O’Donnell, Mac Menamin, Charleton and O’Malley, JJ., made a very significant observation that as per VAT act, 1972 wherein ‘bread’ has been defined very specifically and a pertinent clause contained in the said provision is that the amount of sugar in bread shall not exceed 2% of the weight of flour included in the dough, whereas the bread supplied by Subway in its heated sandwiches had a sugar content of 10% of the weight of the flour included in the dough.”, hence the same could not be categorized as bread.

Instant appeal arose from a claim submitted to the Revenue Commissioners (respondent) by Bookfinders Ltd. (appellant) which is a franchisee of the fast-food chain, Subway.

Appellant sought refund of VAT payments as the same should have been subjected to 0% VAT.

Under Section 11(1)(a) of the Value Added Tax Act 1972, exceptions were provided for certain goods and services to be charged at 13.5% and 0%. Further, appellant alleged that much of its turnover falls under para (xii) of the Second Schedule and thus should be charged at 0%.

Para. (xii) of the Second Schedule reads as follows: –

 “food and drink of a kind used for human consumption, other than the supply thereof specified in paragraph (iv) of the Sixth Schedule, excluding –

 (a) beverages chargeable with any duty of excise specifically charged on spirits, beer, wine, cider, perry or Irish wine, and preparations thereof,

(b) other beverages, including water and syrups, concentrates, essences, powders, crystals or other products for the preparation of beverages, but not including

(I) tea and preparations thereof;

(II) cocoa, coffee and chicory and other roasted coffee substitutes, and preparations and extracts thereof,

 (III) milk and preparations and extracts thereof, or

 (IV) preparations and extracts of meat, yeast, or egg; […]

 (d) (I) chocolates, sweets and similar confectionary (including glacé or crystallised fruits), biscuits, crackers and wafers of all kinds, and all other confectionary and bakery products whether cooked or uncooked, excluding bread,

(II) in this subparagraph ‘bread’ means food for human consumption manufactured by baking dough composed exclusively of a mixture of cereal flour and any one or more of the ingredients mentioned in the following  subclauses in quantities not exceeding the limitation, if any, specified for each ingredient-

(1) yeast or other leavening or aerating agent, salt, malt extract, milk, water, gluten,

(2) fat, sugar and bread improver, subject to the limitation that the weight of any ingredient specified in this subclause shall not exceed 2 per cent of the weight of flour included in the dough,

(3) dried fruit, subject to the limitation that the weight thereof shall not exceed 10 per cent of the weight of the flour included in the dough, other than food packaged for sale as a unit (not being a unit designated as containing only food specifically for babies) containing two or more slices, segments, sections or other similar pieces, having a crust over substantially the whole of their outside surfaces, being a crust formed in the course of baking, frying or toasting…’

Para. (iv) of the Sixth Schedule then reads as follows:-

“the supply of food and drink (other than bread as defined in subparagraph (d), of paragraph (xii) of the Second Schedule) (other than beverages specified in subparagraph (a) or (b) of paragraph (xii) of the Second Schedule) which is, or includes, food and drink which-

(a)  has been heated, enabling it to be consumed at a temperature above the ambient air temperature, or

(b)  has been retained heated after cooking, enabling it to be consumed at a temperature above the ambient air temperature, or

(c)  is supplied, while still warm after cooking, enabling it to be consumed at a temperature above the ambient air temperature, and is above the ambient air temperature”.

Summary of Issues

  • Whether the tea and coffee supplied by Bookfinders fall within para (xii) of the Second Schedule?
  • Whether “Food and Drink” must be read conjunctively?
  • Whether the appellant’s bread can be said not to be included in para (xii) of the Second Schedule ( and thus in the 0% rate)?
  • Whether the principle of fiscal neutrality is breached or indeed even engaged in the present matter?

Present matter is not a case of contest between a simple requirement of clarity on one hand and a broad purposive approach on the other.

Application:

Bookfinders argued that para. (xii) of the Second Schedule contains the only express reference to tea and coffee which they describe as “the tea and coffee saver”.

Objective of the Second Schedule was to provide that certain staples were to be included at the 0% rate. The object of the Sixth Schedule — to apply a reduced rate in certain cases, most obviously, in this context, the supply of hot food and beverages.

From a class of goods included in the broad category of food and drink of a kind used for human consumption, certain and specified items are then subtracted which fall to be rated at the general VAT rate, unless either specifically exempted, or included, in the Schedule containing items to be rated at the intermediate rate.

Adding to the above, it was explained that the Sixth Schedule is in general terms in that it captures the supply of food and drink (other than bread and beverages as defined) which have been heated, retained heated, or supplied when warm.

Bench stated that the Second Schedule included leaf tea and ground coffee etc. sold in packet form. There was nothing unnatural about the division of two schedules. It was entirely understandable that the legislature would wish to zero-rate teas and coffees when sold in a retail setting, but apply the intermediate level in the context of, for example, takeaway foods.

The provision of para. (iv) of the Sixth Schedule is directed to all food and drink with the exception of those items specified. The statutory phrase does not merely refer to food and drink which has been heated, but rather to such food and drink which is heated to enable it to be consumed at temperatures above ambient temperature.

The effect of the Second Schedule is to provide that a wide range of food and drink, broadly speaking staples, will be subject to the 0% rate. The effect of the exclusion of the large number of products identified in the Second Schedule from the category of food and drink covered by the Second Schedule is that they would remain taxable at the standard rate.

Food and Drink – To be read Conjunctively?

Bookfinders argued that the phrase “food and drink” in para. (iv) of the Sixth Schedule should be given a conjunctive rather than disjunctive meaning, so that it would only capture a supply of food and drink when supplied together, and not food or drink if supplied separately.

Bench did not agree with Bookfinder’s interpretation of the phrase.

Adding to the above it was stated that it would be difficult to conceive of any plausible reason why the supply of food with drink should attract the intermediate rate of VAT, and the supply of the same food or the same drink (without the other product) by the same establishment to the same person, would not.

It is apparent from other provisions of the Act to which reference is made and where the phrase is found that no added conjunctive significance is to be attributed to the word “and” in the phrase “food and drink”.

Hence, “food and drink” is used in the Act as a generic term to cover the supply of any individual item or items that can come within that broad category.

Bread and Sandwiches

Bookfinders argued that the hot-filled sandwiches supplied by them do not fall within the provisions of the fourth schedule.

Two aspects:

  • The bread in such sandwiches is “bread” as defined in para. (xii)(d) of the Second Schedule, and which is therefore expressly excluded from the provisions of para. (iv) of the Sixth Schedule by text inserted in 2005:- “the supply of food and drink other than bread as defined in sub paragraph (d) of paragraph (xii) of the Second Schedule …”
  • Hot sandwiches, such as a meatball sandwich supplied by Subway, constitute the supply of “food and drink [in this instance bread, if Bookfinders’ argument is accepted] which… includes food and drink which… has been heated enabling it to be consumed at a temperature above the ambient air temperature”. The “food” of the meatball being, it is said, included in the “food” of the bread.

Court expressed that the Second Schedule contained a complicated definition of an everyday product and it was stated that the intent of the Act in doing so was to seek distinguish between bread as a staple food, which should be 0% rated, and other baked goods are from dough, which are, or approach, confectionary or fancy baked goods.

Hence, para. (xii)(d) excludes from the class of food and drink entitled to the 0% rate “… all other confectionery and bakery products whether cooked or uncooked”, but from that exclusion in turn, “bread” is excluded, thus leaving bread within the class of food covered by the Second Schedule and entitle to the 0% rate.

“Bread is defined as follows in para (xii)(d)(II):

 It means food for human consumption manufactured by baking dough composed exclusively a mixture of cereal flour and any one or more of the ingredients mentioned in the following subclauses in quantities not exceeding the, limitation if any, specified for each ingredient –

  1. yeast or other leavening or aerating agent, salt, malt extract, milk, water, gluten,
  2. fat, sugar and bread improver, subject to the limitation that the weight of any ingredients specified in the sub clause shall not exceed 2 per cent of the weight of flour included in the dough,
  3. dried fruit, subject to the limitation that the weight thereof shall not exceed 10 per cent of the weight of flour included in the dough,
  4. other than food packaged for sale as a unit (not being a unit designated as containing only food specifically for babies) containing two or more slices, segments, sections or other similar pieces, having a crust over substantially the whole of their outside surfaces, being a crust formed in the course of baking, frying or toasting.”

Bookfinders argued that, when read closely, the definition only excludes a baked product which exceeds the limitation contained in the Act for each of the ingredients specified and which are used in the baking of the particular bread, and which are identified in para (xii).

Court’s function is to understand the provisions enacted by the legislature and give effect to them consistent with the principles of statutory interpretation and, in this case, the principle against doubtful penalisation.

Bench elaborated that when the entire provision is read together, it is, clear that if one ingredient exceeds the limitation, the resulting product falls outside the definition of “bread” for the purposes of the Act.

Supply by Bookfinders of a hot meatball sandwich (to take one example) should not be understood as coming within the “supply of food and drink … which includes food and drink which has been heated enabling it to be consumed” because the phrase “food and drink” is expressed to exclude “bread as defined in subparagraph (d) of paragraph (xii) of the Second Schedule”. The exclusion extends to bread (as so defined ) “which…includes food…which has been heated” et cetera.

Fiscal Neutrality

Bookfinders argues that the exclusion of their “bread” component from the category of “bread” as defined in the Second Schedule breaches the said principle.

In the present matter, the situation is complex since the product or item which was chargeable to VAT was not the bread component, but rather the heated sandwich in its entirety.

Hence, in Court’s opinion, the principle of fiscal neutrality was not engaged.

In view of the above discussion, appeal was dismissed. [Bookfinders Ltd. v. Revenue Commissioners, S:AP:IE:2019:000131, decided on 29-09-2020]

Appointments & TransfersNews

Appointment of Chief Justice of Allahabad High Court

President appoints Shri Sanjay Yadav, Judge of the Allahabad High Court, to be the Chief Justice of the Allahabad High Court with effect from the date he assumes charge of his office.

Background

Shri Justice Sanjay Yadav, M.A., LL.B, was enrolled as an Advocate on 25-08-1986. He practiced at Jabalpur for 20 years in Civil, Constitutional, Labour and Service matters and has specialized in Labour and Service matters. He worked as Government Advocate from March 1999 to October 2005. He was Deputy Advocate General with effect from October 2005. He was appointed as an Additional Judge of the Madhya Pradesh High Court on March 2, 2007, and as a Permanent Judge on January 15, 2010. Later, he was transferred to Allahabad High Court. He was appointed as Acting Chief Justice of Allahabad High Court w.e.f. 14-4-2021.


Ministry of Law and Justice

[Notification dt. 10-06-2021]

High Court Round UpLegal RoundUp

Here’s a short recap of what we covered under the High Court’s section in the month of May 2021.


Allahabad High Court

Bail

All HC | Bail under Gangs Act. Whether satisfaction under S. 19(4)(b) is mandatory? Court answers

https://wp.me/pcenps-12KD

COVID-19

All HC | District Magistrate, Ghaziabad to file a personal affidavit in alleged black marketing and illegal sale of sale oxygen to Delhi & Haryana from Ghaziabad

https://wp.me/pcenps-12I5

Court observes state’s health system is “Ram Bharose”, gives suggestions to improve vaccination rate and health infrastructure

https://wp.me/pcenps-12C9

All HC| “Right to life of an accused person can not be put to peril”; Apprehension of being infected with COVID-19 after coming into contact with authorities a valid ground for anticipatory bail

https://wp.me/pcenps-12yG

All HC| Court directs creation of Pandemic Public Grievance Committee and takes stock of Covid 19 situation in UP

https://wp.me/pcenps-12y0

Agreement of Marriage

All HC | If a minor girl enters into an “agreement of marriage”, what would be the legality of such agreement? Option to ratify or rescind would be available? HC throws light in view of Ss. 11 and 23 of Contract Act

https://wp.me/pcenps-12Gn


Andhra Pradesh High Court

Elections

AP HC | Right to contest election is fundamental, subject to qualifications: No relief to petitioners attaining min. age after elections notified

https://wp.me/pcenps-12G7


Bombay High Court

COVID-19

Bom HC | “Modern ventilators, Doctors are not properly trained to operate”; HC raps centre for blame game on PM Cares Ventilators

https://wp.me/pcenps-12Lu

Bom HC | 75% ventilators supplied through PM Cares Fund found dysfunctional; HC seeks response from Center

https://wp.me/pcenps-12Js

Bom HC | “Take immediate actions against e-commerce websites for supplying non-essential items”, HC directs Maharashtra government

https://wp.me/pcenps-12IG

Bom HC | Corporate Social Responsibility, Mucormycosis and shortage of drugs, HC urges Central Drug Controller to increase production capacity and reduce prices of drugs

https://wp.me/pcenps-12Hr

Bom HC | “Are you prepared to introduce door to door vaccination for senior citizens?” HC sanctions door to door vaccination after noticing center’s disinclination to formulate a universal scheme

https://wp.me/pcenps-12F6

[Remdesivir shortage] Bom HC | “How such drug in such short supply, is available to Politicians and Actors for distribution to public at large?”HC pulls up state over inadequate crisis management

https://wp.me/pcenps-12DS

Bom HC | Do not insist on production of Aadhar Cards by correctional home inmates for Vaccination, HC directs State

https://wp.me/pcenps-12Aw

Bom HC | “Article 21 casts corresponding duty on State to ensure no life is extinguished due to unavailability of oxygen”; HC tells State

https://wp.me/pcenps-12ze

Bom HC | Allow entry in Goa for medical emergency even without Covid negative certificate; HC modifies its earlier order. Deprecates DMs for amending Court orders on their own

https://wp.me/pcenps-12yf

Bom HC | Biovet Pvt. Ltd. allowed to use idle vaccine manufacturing unit for Covaxin production; directs Maharashtra to cooperate

https://wp.me/pcenps-12xs

Bom HC | “Not a case of sealing the borders”; HC tells State to ensure person entering in Goa carry a Covid-19 “negative” certificate

https://wp.me/pcenps-12v1

Hate Speech

Bom HC | “Extreme or harsh opinion is not a hate speech”; HC quashes FIR against Sunaina Holey terming it “hypersensitive and over cautious”

https://wp.me/pcenps-12wM

Search Warrant

Bom HC | What is proper procedure for executing a search warrant in a jurisdiction outside of issuing court? HC decides whether Ss. 101 and 105 CrPC are directory or mandatory

https://wp.me/pcenps-12yZ


Calcutta High Court

Narada Scam

[Narada Scam Case] Cal HC| Court gives split verdict in relation to interim bail application; TMC leaders put under house arrest

https://wp.me/pcenps-12FA

Post-Poll Violence

Cal HC| Bengal Post Poll violence victims at liberty to file complaint at NHRC, WBHRC, NCW etc; Court directs the complaints be forwarded to DGP

https://wp.me/pcenps-12CR

Cal HC| Life and liberty of the people in the State of West Bengal is at stake; Court constitutes 5 Judge Bench

https://wp.me/pcenps-12xS

CM Mamta Banerjee’s Dharna at CBI office

Cal HC| CM Mamta Banerjee’s Dharna at CBI office: Public trust and confidence in the judicial system is more important; Mob cannot have an upper hand. TMC leaders’ bail stayed

https://wp.me/pcenps-12BQ


Chhattisgarh High Court

COVID-19

Chh HC │ Redistribution of unused Antyodaya or other category vaccines at the end of the day: HC agrees to hear the matter. Read the current Vaccine Allocation plan

https://wp.me/pcenps-12CW

Chh HC │ Fixing a priority with reference to the ‘financial status’ is absolutely illegal; Violates “Right to Life”; State is directed to fix a reasonable ratio of allotment of vaccines

https://wp.me/pcenps-12uD

Judicial Separation

Chh HC | Judicial separation in place of divorce not to be granted mechanically in applications for divorce by mutual consent; Serious dispute not pre-requisite for seeking mutual consent

https://wp.me/pcenps-12zL


Delhi High Court

Arms Act

Del HC | If a firearm is recovered from possession of a person at the airport which he/she is unaware of can the person be punishable under S. 25 of Arms Act? HC answers

https://wp.me/pcenps-12Cg

Arbitration

Del HC | Can International Arbitration Award be assailed on ground of patent illegality? Is it permissible for arbitrator to award compound interest? HC answers

https://wp.me/pcenps-12KQ

COVID-19

Del HC | Government should consider waiver of complete Customs and other duties on the import of Amphotericin B; Imports to be done through a bond until the decision

https://wp.me/pcenps-12L4

Del HC | Seizure by police of oxygen concentrators and covid related equipment’s sold at high profit margins. Is it illegal? HC answers

https://wp.me/pcenps-12J9

Del HC | Movement of Advocates allowed during curfew on production of valid Bar ID Card; No officer of any authority shall humiliate Advocates on production of valid ID Card

https://wp.me/pcenps-12Ih

Del HC | “I can’t breathe”; HC calls oxygen shortage a ‘George Floyd moment for the citizens’; holds imposition of IGST on oxygen concentrators imported by individuals, unconstitutional

https://wp.me/pcenps-12FE

Del HC | Breath Analyser Tests prejudicial to the interests of Air Traffic Controllers and Commercial Pilots during COVID 19; Court asks DGCA to issue comprehensive guidelines

https://wp.me/pcenps-12yw

Del HC | Threefold increase in cases in JNU campus in 3 weeks! What steps have you taken? Court asks JNU Registrar to file status report

https://wp.me/pcenps-12xA

Del HC | Union of India, Delhi Government asked to take immediate steps to ensure allocation of Tocilizumab 400 MG to States/UTs

https://wp.me/pcenps-12×5

Del HC | With about 150 out 200 beds being vacant, Delhi Govt asked to consider converting IHBAS into COVID facility

https://wp.me/pcenps-12wI

Del HC | ‘Release imperative in this hour of grief and personal loss’; Natasha Narwal gets bail for 3 weeks after father dies of COVID-19

https://wp.me/pcenps-12wF

Del HC | Exempt the employees dealing with medical and health insurance services from curfew restrictions; HC tells government of NCTD

https://wp.me/pcenps-12v4

Del HC | Severe shortage of Tocilizumab injections; 500 vials would not be sufficient for large number of critical COVID-19 patients in Delhi

https://wp.me/pcenps-12uP

Del HC | “Consider exempting Oxygen Concentrators from IGST”, HC tells Finance Ministry

https://wp.me/pcenps-12ul

Delhi HC comes down heavily on Central government; Warns Center of contempt proceedings if it fails to supply allocated medical Oxygen on urgent basis

https://wp.me/pcenps-12sV

Contempt Notice

Delhi HC issues Contempt notice to Center for non-supply of oxygen to NCT of Delhi

https://wp.me/pcenps-12tP

Foreign Contribution (Regulation) Act

Del HC | Are exemptions and relaxations under different Statutes a matter of right? Is it Government’s prerogative to exempt with or without stringent conditions under Foreign Contribution (Regulation) Act? Read on

https://wp.me/pcenps-12D7

Sexual Assault

Del HC | In a case of sexual assault, can Court act upon the testimony of a child victim? Can accused be convicted based upon the same? Read on

https://wp.me/pcenps-12HY

Migrant Workers

Del HC | Migrant Workers’ right to livelihood and free Medical aid; High Court directs Delhi government to form a structured Scheme for Unorganized workers within 2 weeks

https://wp.me/pcenps-12ux

Judicial System

Del HC | Any judicial system which does not provide finality to disputes, can never earn the trust, confidence and goodwill of the society: HC highlights ‘Consent Decree’ and ‘Lawful Compromise’

https://wp.me/pcenps-12Gb

Right to be Forgotten

Del HC | Can a Court Order be removed from Online Platforms? HC to examine Right to Privacy and Right to Information of the Public and Maintenance of Transparency

https://wp.me/pcenps-12FU

Shared Household

Del HC | ‘Permanency’ as an element of ‘Shared Household’ concept under Domestic Violence Act: Can old-aged parents-in-law be restrained from selling their house in light of shared household consequences? Read Court’s proposition

https://wp.me/pcenps-12BH


Gauhati High Court

COVID-19

Gau HC | “What kind of test is being done for determination of COVID-19 infection?”; HC directs Assam government to set up Mobile Medical Units in Tea Gardens

https://wp.me/pcenps-12Jw

Gau HC| People with insurance cover suffering from COVID denied treatment at private hospitals; Court to hear PIL

https://wp.me/pcenps-12In

Gau HC | Court directs High Powered Committee to consider temporary release of female jail inmates with children

https://wp.me/pcenps-12GE

Bail

Gau HC | “Prima facie her personal views”; HC grants bail to the writer charged with sedition for her facebook post on maoist attack in Chhattisgarh

https://wp.me/pcenps-12D9


Gujarat High Court

Section 138 NI Act

Guj HC | Can offence under S. 138 NI Act compounded even after accused is convicted and sentenced to imprisonment? Read HC’s ruling

https://wp.me/pcenps-12Iz


Himachal Pradesh High Court

Motor Vehicles Act

[MV Act] HP HC│ Once a document has been admitted in evidence; any objection regarding its admissibility or mode of proof later is irregular

https://wp.me/pcenps-12A6

Bail

HP HC │ A minor girl raped, male friend beaten up, act video graphed and made viral; Clearly points to the perverted mind of the accused; Bail rejected

https://wp.me/pcenps-12xo

HP HC│ “NO MEANS NO”; Neither the absence of resistance nor the unwilling submission implies consent in any language; Bail rejected

https://wp.me/pcenps-12un

COVID-19

HP HC │ War against the COVID is not to be fought by the Government alone; Private hospitals should not shirk from their duties and responsibilities; Specific Directions laid

https://wp.me/pcenps-12xn


Jammu and Kashmir High Court

Bail

J&K HC| Bail cannot be granted on the ground of delay unless the matter was pending for 5 years or more

https://wp.me/pcenps-12Jl

Section 138 of Negotiable Instruments Act

J&K HC | Is ‘mens rea’ an important component to be proved while addressing issues under S. 138 NI Act? Explained

https://wp.me/pcenps-12Kd

Inter-Faith Couple

J&K HC | Hindu woman embraces Islam to marry a Muslim man; HC grants protection to the inter-faith couple

https://wp.me/pcenps-12GU

COVID-19

J&K HC | “Consider making additional budgetary allocation for financial assistance of lawyers’ family”; HC tells Center

https://wp.me/pcenps-12yv

Preventive Detention

J&K HC | “Non-application of mind by detaining authority is fatal” HC sets aside order of preventive detention for alleged involvement in militant activities

https://wp.me/pcenps-12v2

Maintenance

J&K HC | “Rs. 2000 maintenance is not ‘exorbitant or excessive’ in present era of inflation”; HC questions existence of Talaq given through registered post.

https://wp.me/pcenps-12tB


Jharkhand High Court

COVID-19

Jhar HC │ Mandatory E pass requirement does not suffer from infirmity; Decision taken to combat the situation of acute surge in COVID-19 infection by exercising the power conferred under Disaster Management Act

https://wp.me/pcenps-12IV

Jhar HC| “Oxygen cylinders are of prime importance in saving life”; HC issues directions for release of Oxygen cylinders lying in judicial custody

https://wp.me/pcenps-12By

Environment

Jhar HC│ Jharkhand Govt. must ensure that EIA is undertaken and Environment Management Plan prepared; All construction activities without prior environmental clearance to be stopped

https://wp.me/pcenps-12B1


Karnataka High Court

COVID-19

Kar HC │ Labs to give COVID results within 24 hours; Directions issued regarding dignified burial/ cremation,Vaccine Scarcity and its Allocation and Food Security; KSLSA COVID Monitoring Committee Report submitted

https://wp.me/pcenps-12IE

POCSO Act

Kar HC │ Can the statement recorded under Section 164 of CrPC be considered to be evidence under Section 35 of the POCSO Act? Whether the accused is entitled to bail in case the mandate under Section 35 of the POCSO Act has not been completed?

https://wp.me/pcenps-12Fl

Motor Vehicles Act

[MV Act] Kar HC │ Necessary permits for running the business of bike taxis as transport vehicles: Can’t decide on this an emerging concept before application of mind by State on all aspects

https://wp.me/pcenps-12yU

Legislation

Kar HC│ One of the most profound tenets of Constitutionalism is presumption of Constitutionality assigned to each legislation enacted


Kerala High Court

Kerala Conservation of Paddy Land and Wetland Rules

Ker HC | “Area of the building is extraneous for grant permission for residential/commercial use”; HC holds Rule 12(9) of Conservation of Paddy Land and Wetland Rules ultra vires the Act

https://wp.me/pcenps-12L6

Swearing-in Ceremony | Elected Government

Ker HC| “Why spouses or relatives of each MLA are required to be present in the ceremony?”; HC allows physical Swearing-in ceremony of newly elected government with certain restriction

https://wp.me/pcenps-12FJ

Registration of Marriage

Ker HC | Court allows Malayali couple stuck in Israel to register their marriage in Kerala via video conferencing

https://wp.me/pcenps-12Cj

Defamatory

Ker HC | Release of controversial Malayalam film “Aquarium” stayed till further order apprehending it to be defamatory to Catholic Christians and nuns

https://wp.me/pcenps-12Bw

Extra-Judicial Divorce

Ker HC | Muslim women’s right to Khula (extra-judicial divorce) revived; Patriarchal decision in K. C. Moyin overruled

https://wp.me/pcenps-12u2

Right to Practice

Ker HC | CAs Right to Practice: Can ICAI refuse to recognize retirement of CA from a firm? HC explains legal position

https://wp.me/pcenps-12tL


Madras High Court

Environment

Madras HC | Predatory activities of man resulting in nature losing her patience. Can hills and hillocks be given for exploitation even without any public interest? Succinct Report on Mining lease to carry Quarry Operations

https://wp.me/pcenps-12LH

Judges

Madras HC | “Not fair to expect judges to expend too much time, energy in proof-reading”: HC stresses counsels should reflect ‘distilled understanding’ while preparing drafts

https://wp.me/pcenps-12Hl

Malicious Prosecution

Madras HC | Who is liable in suit for malicious prosecution; what is duty of civil court; where lies onus of proof? HC answers all,  says no ‘second agnipariksha’ for plaintiff

https://wp.me/pcenps-12H9

Domestic Violence Act

Madras HC | Can Criminal Proceedings instituted under DV Act be converted as Civil Proceedings, so as to transfer such proceedings before Civil Court or Family Court while exercising supervisory powers under Art. 227 of Constitution? Read on

https://wp.me/pcenps-12GZ

COVID-19

Madras HC | Resistance in certain sections of society to accept COVID-19 vaccine: Centre & State to take appropriate measures to allay misgivings. HC highlights issues on Oxygen supply, Cyclone ‘Yaas’, Mucormycosis & more

https://wp.me/pcenps-12GN

Madras HC | While distributing COVID-19 relief packages, ruling political party symbol should not be displayed: No political flavour to be given

https://wp.me/pcenps-12GA

Madras HC | COVID-19 assistance of Rs. 4000 to transgenders without a ration card: Notice issued to State Govt

https://wp.me/pcenps-12F0

Madras HC | Why are you not reviving Govt. Vaccine Institutes and Oxygen Plants? Notice to Govt as India faces vaccine and oxygen shortage

https://wp.me/pcenps-12wu

Decree of Divorce

Madras HC | 25 long years of separation, but no decree of divorce granted – Why? Read whether HC dissolves the marriage or not

https://wp.me/pcenps-12EE

Religious Procession

Madras HC| People can be religious; Men may be communal; but roads and streets are secular; Religious procession cannot be prohibited in an area inhabited by a different religious group

https://wp.me/pcenps-12wo


Madhya Pradesh High Court

COVID-19

MP HC | Police cannot take inappropriate disciplinary action and subject citizens to torture for not following lockdown norms; Court directs action

https://wp.me/pcenps-12KP

MP HC | Global tender issued by the different State Governments have failed to yield in positive result, Centre should take responsibility; Court continues hearing petitions regarding Black Fungus, Remdesivir, Vaccination etc

https://wp.me/pcenps-12IR

MP HC | Seized Remdesivir injections to be distributed to general patients; HC asks State to report on unused ventilators and fixation of charges in private hospitals

https://wp.me/pcenps-12Fj

MP HC | Will Madhya Pradesh invite global tender for COVID-19 vaccines? HC seeks response from Government

https://wp.me/pcenps-12DM

MP HC | Advocate, located anywhere in the State, may apply for passes for himself or his staff, for attending office during the ongoing lockdown

https://wp.me/pcenps-12wG

National Security Act

MP HC | In case of violation of Food Safety and Standard Act, 2006 (FSSA), the provisions of NSA could be invoked? Court answers

https://wp.me/pcenps-12IC

Bail

MP HC | District Judiciary is extremely tight-fisted when it comes to granting bail, leads to burden on the High Court; Directions on arrest and bail issued to Police; Judicial Magistrates

https://wp.me/pcenps-12Ju


Orissa High Court

Bail

Ori HC │ Children in Conflict with Law: JJ Act distinguishes between children below and above 16 years of age with regard to enquiry but not for the purpose of bail

https://wp.me/pcenps-12CQ

Ori HC │ Exercise of suo motu power by Orissa High Court for designation of “Senior Advocates” ultravires the guidelines laid down Indira Jaising case; Power to Add/Delete/Modify in Rules lies only with Supreme Court

https://wp.me/pcenps-12yR


Patna High Court

Contempt Proceeding

Pat HC | “It’s a very serious matter that three Bangladeshi girls are kept in Nari Niketan”; HC warns Home Ministry of contempt proceedings for being unresponsive to Court queries

https://wp.me/pcenps-12xt

Senari Massacre

Pat HC | After 22 years of barbarous Senari Massacre the Court hands clean chit to 13 accused; HC reverses Trial Court’s order of death sentence

https://wp.me/pcenps-12GX

False Affidavit

Pat HC | 789 died in Buxar in 10 days while government records showed only 6 deaths; HC warns State of taking actions for filing false affidavit

https://wp.me/pcenps-12C8

COVID-19

Pat HC | “Migrants are returning, people in the rural area may get infected.” HC directs State to ensure availability of medicines and infrastructures at the district level

https://wp.me/pcenps-12zS

Pat HC | “Failure to provide timely treatment is antithetical to Article 21”; HC to State. Panchayat officials warned that failure to report deaths within 24 hrs may cost their posts

https://wp.me/pcenps-12yX

Pat HC | “Most of the directions have remained on paper”; HC expresses disappointment over State inactions

https://wp.me/pcenps-12uj


Punjab and Haryana High Court

Inordinate Delay in Investigation

P&H HC | Why is there inordinate delay in investigation? HC slams State for pendency of cases against Ex MPs/MLAs including Ex CM Bhupinder Singh Hooda

https://wp.me/pcenps-12Lb

Rape

P&H HC |“Grisly and frightful! One can only hope it is fictitious”; HC calls it insensitive and deplorable to constitute all men SIT to investigate Rape allegation

https://wp.me/pcenps-12KF

Live-in Relationships

P&H HC | After two orders calling Live-in-relationships unacceptable, HC holds live-in couples are entitled to equal protection of laws as any other citizen

https://wp.me/pcenps-12EO

P&H HC | “Entire social fabric would be disturbed”; HC yet again refuses to grant protection to a live-in couple

https://wp.me/pcenps-12Dd

P&H HC | ‘Live-in-relationships morally and socially unacceptable’; HC refuses to pass protection order to a live-in couple

https://wp.me/pcenps-12BR

COVID-19

P&H HC | “Ask the corporate houses to participate in fighting the crisis”; HC asks States to invoke Corporate Social Responsibility

https://wp.me/pcenps-12Bc

P&H HC | “Consider home delivery of Oxygen cylinders for patients who are on oxygen support at home”; HC suggests deploying municipal workers for home delivery of oxygen

https://wp.me/pcenps-12uA


Rajasthan High Court

ICAI

Raj HC | “Over enthusiasm of attaining professional excellence should not stifle the speech of a student”; HC slams ICAI for withholding result of a student for criticizing the Institute

https://wp.me/pcenps-12Hu

Sentence

Raj HC | Court dismisses application of temporary suspension of sentence to Asharam; followers cause law and order situations

https://wp.me/pcenps-12FI

COVID-19

Raj HC │”Deal with the situation on war footing”; Directions issued to curb beds, oxygen, Remdesivir shortage in Rajasthan

https://wp.me/pcenps-12tt


Telangana High Court

Trademark Dispute

[Name-Logo Dispute] Telangana HC | ‘GSK’ being widely known mark: GSK Life Sciences (P) Ltd. ordered to suitably delete word ‘GSK’; No violation of S. 35, TM Act found

https://wp.me/pcenps-12G0

Infidelity

Telangana HC | If one of spouses in a marital relationship is found to be guilty of infidelity, would it amount to causing mental cruelty to the other spouse? HC highlights concept of mental cruelty & desertion

https://wp.me/pcenps-12Cv


Tripura High Court

COVID-19

Tri HC | State must ensure that the health those in jails and orphanages is not jeopardized; Directions issued to devise plans

https://wp.me/pcenps-12Cu

Tri HC | Court takes suo moto action, asks State to provide detailed data to tackle with second wave of COVID 19

https://wp.me/pcenps-12y7

Sexual Harassment at Workplace

Tri HC | Tribunal is the court of first instance; Not open for the litigant to approach the High Court as a court of first instance

https://wp.me/pcenps-12Bu

Service Matter

Tri HC | Claim of regularization can be made only within the four corners of a scheme framed by the government

https://wp.me/pcenps-12Ak


Uttaranchal High Court

Appointments

Utt HC | Degree of M.A. in Public Administration equivalent to a degree of M.A. in Political Science as per UGC; UKPSC directed to consider candidature for appointment as Assistant Professor

https://wp.me/pcenps-12Ac

Bail

Utt HC | Bail is the rule and committal to jail is an exception; Court grants bail to accused in Scholarship Scam

https://wp.me/pcenps-12Hp

Audi Alteram Partem

Utt HC | Order passed without giving an opportunity to be heard gross violation of natural justice; Court quashes order passed by Registrar

https://wp.me/pcenps-12GS

Admission Criteria

Utt HC | Can admission be denied if the selection process does not specify cut off marks? Court answers in AIIMS, Rishikesh PG Diploma Course

https://wp.me/pcenps-12DP

Principle of Interpretation

Utt HC| Principle of interpretation states that each part of the statute, rules or regulations should be given meaning so as to make them workable; Court quashes advertisement for recruitment for post of Assistant Clerk.

https://wp.me/pcenps-12xU


Briefs Prepared by: Prachi Bharadwaj, Nilufer Bhateja, Devika Sharma, Suchita Shukla, Kamini Sharma and Arunima Bose.