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From major rulings like Amazon v. Future Group to 22 Guidelines on Feeding of Stray Dogs, Delhi High Court delivered some very significant decisions and to get a run through of them check out this complete roundup of the year 2021.

Top Stories of the Year | Delhi High Court


Right to be Forgotten


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

Prathiba M. Singh, J., while citing the scope of Right to Privacy and Right to be Forgotten granted interim protection in light of the same in the present matter.

Read more…


Public place


Vehicle even if occupied by only one person would constitute a ‘public place’ and wearing of mask therein would be compulsory

A vehicle which is moving across the city, even if occupied at a given point in time by one person, would be a public place owing to the immediate risk of exposure to other persons under varying circumstances. Thus, a vehicle even if occupied by only one person would constitute a ‘public place’ and wearing of a mask therein, would be compulsory.

Read more…


Emergency Arbitrator


[Amazon v. Future Retail] From Emergency Arbitrator to Group of Companies Doctrine – Delhi HC covers all while restraining Future Group from proceeding further with Disputed transaction

In the notable ruling of Amazon v. Future Retail, J.R. Midha, J. of Delhi High Court considered three crucial questions:

♦ What is the legal status of an Emergency Arbitrator?

♦ Whether the Emergency Arbitrator misapplied the Group of Companies doctrine which applies only to proceedings under Section 8 of the Arbitration and Conciliation Act?

♦ Whether the interim order of Emergency Arbitrator is Nullity?

Read more…


Content Regulation


Content Regulation has been a contested issue across the world. Read HC’s stance & directions in Disha Ravi’s plea alleging leaking of her messages, etc. by Police

Prathiba M. Singh, J., while addressing the matter concerning the environmental activist, Disha Ravi, expressed that:

The print and electronic media plays a very important role in ensuring that there is no sensationalism and that they adhere to responsible journalism. Recent coverage by the media definitely shows that there is sensationalism.

Read more…


Rakesh Asthana’s Appointment


Rakesh Asthana’s appointment as Commissioner of Delhi Police challenged | Read Why Del HC upheld Centre’s decision

It ought to be kept in mind that Delhi, being the Capital of India, has a unique, special and specific requirement. It has witnessed several untoward incidences and extremely challenging law and order situations/riots/crimes, which have an international implication, which in the wisdom of the Central Government necessitated appointment of an experienced officer possessing diverse and multifarious experience of heading a large Para-Military Security Force apart from other factors.

 Read more…


Feeding of Stray Dogs


Stray Dogs have right to food and citizens have right to feed | Indispensable 22 Guidelines on Feeding of Stray Dogs [Momentous Ruling]

J.R. Midha, J., in a very significant ruling issued guidelines with regard to the feeding of stray dogs and directions for their welfare.

Read more…



Payment of Full Wages


If Labour Court orders reinstatement and employer challenges the said order, is workman entitled to payment of full wages during pendency of challenge by employer? Del HC explains in consonance of Industrial Disputes Act

There is no provision for appeal provided in the Industrial Disputes Act against the decision of a labour court, which is in the form of an award.

Read more…


Divorce


Does failure to disclose mental disorder before marriage constitute perpetration of fraud so as to grant divorce? Del HC decides

“Marriage is not made of only happy memories and good times, and two people in a marriage have to face challenges and weather the storm together.”

Read more…


Maintenance


  • “Many a times wives sacrifice their career only for family” Can interim maintenance be denied if wife is capable of earning? Del HC elaborates

“…the fact that the wife is capable of earning is no ground to deny interim maintenance to her. Many a times wives sacrifice their career only for the family.”

Read more…

  • Can magazine covers be sufficient evidence to explain that wife who is a model can sustain herself? HC addresses while deciding a Maintenance matter

It is the duty of the husband to maintain his wife and to provide financial support to her and their children. A husband cannot avoid his obligation to maintain his wife and children except if any legally permissibly ground is contained in the statutes.

Read more…

  • While calculating husband’s income for granting maintenance to wife, can husband’s mother who receives her independent pension and rental income be counted as a dependant to be maintained by husband? HC explains

Suresh Kumar Kait, J., while addressing a criminal revision petition concerning a matrimonial dispute expressed that:

“..husband cannot wriggle out of his responsibilities to provide shelter to his wife and minor children.”

Read more…

  • Wife denied enhancement of maintenance due to being wealthier than husband

Suresh Kumar Kait, J., dismissed a petition seeking enhancement of maintenance granted to a wife.

Read more…


Settlement


  • Husband, his family harass wife for dowry leading to her committing suicide. Can settlement between accused and wife’s father be accepted? Court decides

Mukta Gupta, J., decided whether a settlement of parties wherein an accused and his family members who subjected his wife to harassment due to which the wife committed suicide can be accepted or not?

Read more…


Dishonour of Cheque


  • Is it mandatory for trial court to award interim compensation under S. 143-A NI Act on mere invocation thereof? Del HC decides whether S. 143-A is directory or mandatory?

Anu Malhotra, J., held that the provision of Section 143A of the NI Act, 1881 is directory in nature and not mandatory.

Read more…


Maintenance


  • Del HC discusses law on alternative jurisdictions for institution of application and execution of maintenance orders under S. 125 CrPC, directs fresh adjudication of execution petition

Court makes available the option to the wife to proceed before a Court for maintenance and its execution where either the husband is, or where either of the parties resides as well as the place where they used to reside.

Read more…


Unnatural Sexual Offences


‘To sexually violate innocent child within filial relationship descends on different path of depravity’: Del HC convicts father, friend under S. 377 IPC; emphasises on ingredients of ‘carnal intercourse against the order of nature’

The Division Bench of Siddharth Mridul and Anup Jairam Bambhani, JJ., while addressing a very unfortunate incident, involving sexual offences to the extent of rape and carnal intercourse with a child, expressed that,

“…to sexually violate an innocent child is in any case an abhorrent act; but, when that happens within the filial father-daughter relationship, of which purity of affection is a sine-qua-non, the act descends to a different depth of depravity.”

Read more…


Shared Household


  • Daughter-in-law claims right of residence in late husband’s mothers’ property under the head ‘Shared Household’: Mother-in-law approaches Del HC seeking eviction of daughter-in-law

Explaining the significance of ‘shared household’ Asha Menon, J., explained that where a residence is clearly a shared household, it would not bar the owner from claiming eviction against her daughter-in-law, if circumstances call for it.

Read more…

  • ‘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?

Suresh Kumar Kait, J., dealt with the provisions in regard to the concept of the shared household while referring to a very pertinent decision of the Supreme Court.

Read more…


Role of an Advocate


  • If an advocate has appeared for a party in judicial or quasi-judicial capacity or even as a mediator, Can Court injunct him from appearing to maintain stream of justice? Del HC expounds in clear worded decision

While expressing its opinion on the position of an advocate in lawC. Hari Shankar, J., expressed that,

There is, after all, a duty that we all owe, to ourselves, higher than that owed to the client, the brief, the opposite party, or even the court. The conscience of the Counsel should be the last sounding board.

Read more…

  • An advocate engaged by a client, can he also act as his power of attorney in the proceedings and verify pleadings?

Prathiba M. Singh, J., observed that an advocate who is engaged by a client has to play only one role, either of the advocate in the proceedings or the power of attorney holder.

Read more…


Trademark Registration


“And Then There Were None”: Agatha Christie’s most famous work in Del HC for trademark registration | Succinct Report

“…name being the title of the most well-known work of fiction written by Agatha Christie, it is also capable, prima facie, of creating an association between the name and the appellant, which is a company established by Agatha Christie herself. It can, therefore, legitimately be used in the context of services which the said company provides or intends to provide.”

Read more…


POCSO Act


‘Purpose of POCSO Act is to treat minors as a class by itself so that an attempt to abuse minor entails graver consequences’: Del HC stresses upon purpose of POCSO Act

While observing that, rape is an offence which not only violates the physical body of the survivor but is also capable of inflicting trauma on the mental psyche which can end up persisting for years, Subramonium Prasad, J., keeping in mind the nature of the offence, expressed that it inhabits a duty to consider such matters with utmost care.

Read more…


Role of a Family Judge


Family Judge is supposed to proactively engage with parties and act as facilitator, mediator: HC discussed role of and expectations from a Family Judge

Yashwant Varma, J., delved into the subject of the role of a Family Judge while deciding petitions which come before him/her. The High Court in the instant petition directed the Family Court to consider the petition filed for maintenance under Section 24 of the Hindu Marriage Act.

Read more…


Matrimonial Dispute


Matrimonial issues are generally confined to the bedroom and the matrimonial home, away from public eye and gaze: Will strict parameters of evidence still be followed? Read Del HC’s decision

While addressing a matrimonial dispute, Division bench of Vipin Sanghi and Jasmeet Singh, JJ., held that,

In cases where there are allegations of cruelty – specially mental cruelty such as Dowry Demand, violent abusive behaviour, starving the spouse of affection, resources and emotional support, there can be no set parameters that the court can follow.

Read more…


Contempt of Court


Husband stubbornly and obstinately refused to comply with the orders of the Court; No full disclosure of income

While addressing an issue of non-compliance of Court’s order with regard to paying maintenance to wife, Division Bench of Vipin Sanghi and Jasmeet Singh, JJ., held that,

The actions/ omissions of the Respondent in choosing to show complete disregard to the orders of the Court cannot be countenanced. If such action is permitted, it will lead to anarchy and the Rule of Law would become a casualty. The orders of the Courts would be taken lightly and breached at the own sweet will of the individual concerned.

Read more…


Kalkaji Temple


Del HC issues directions for removal of unauthorized shopkeepers, Sanitation facilities, Potable Drinking Water, Garbage Disposal, etc.

The shopkeepers or their families also cannot reside in the Mandir complex. The same is impermissible and is nothing but unauthorized encroachment and trespass into the Mandir’s premises.

Read more…


Right to demand Respect & Inter Cadre Transfers


Significance of ‘cogent reason’ while declining inter-cadre transfer

Addressing a grievance with regard to the denial of inter-cadre transfer Division Bench of Rajiv Shakdher and Talwant Singh, JJ., held that, denial with no cogent reasons impinges upon such person’s right to demand respect for her/his family life.

Read more…


Territorial Jurisdiction


  • Where can a petition under S. 125 CrPC be filed?

Subramonium Prasad, J., reiterated the law relating to the territorial jurisdiction of the court to entertain a petition under Section 125 CrPC.

Read more…

  •  Will the place mentioned on invoice decide the jurisdiction of a Court on filing a suit against it? Del HC explains

Section 20 clearly provides that a Court within whose local limits the cause of action, “wholly or in part”, arises, would have territorial jurisdiction to try the suit.

Read more…


Cruelty


  • Wife made serious criminal allegations against husband and his parents but couldn’t prove: Would this amount to cruelty against husband to grant divorce?

While addressing a matrimonial matter wherein a wife caused cruelty to husband, Division Bench of Vipin Sanghi and Jasmeet Singh, JJ., expressed that,

For a man to see his parents to be taken into custody and being incarcerated even for a single day would have caused immense and untold pain and agony to him.

Read more…

  • Can allegations of demand of dowry and alcohol consumption made by wife amount to ‘cruelty’?

Expressing that, allegations made by the wife with regard to the husband demanding dowry and indulging in alcohol consumption, do not tantamount to making serious allegations impinging on the character of the husband, to such an extent, that they would be the cause of immense mental agony and cruelty, Division Bench of Vipin Sanghi and Jasmeet Singh, JJ., dismissed the petition.

Read more…


INX Media Case


Can accused be allowed to inspect documents kept in “malkhana”?

Mukta Gupta, J., expressed that,

“…while passing an order of inspection of unrelied upon documents, the Court is bound to strike a balance between the competing interest of ensuring a fair trial to the accused as also maintaining the sanctity of further investigation, in case further investigation is to be carried on.”

Read more…


Arbitration


  • What happens if parties fail to agree on arbitrator within 30 days from receipt of request by one party?

Sanjeev Narula, J., allowed an arbitration petition by appointing a sole arbitrator to adjudicate the disputes between the contesting parties.

Read more…

  • What is the remedy against an order allowing application under S. 8 of Arbitration Act, where existence of arbitration clause is not disputed?

Amit Bansal, J., dismissed a petition challenging the order passed by the lower court whereby respondent’s application under Section 8 of Arbitration and Conciliation Act, 1996 was admitted.

Read more…

  • ICADR Rules regarding procedure come into play only after arbitration commences before appropriate jurisdiction of law: Del HC summarises law on seat, venue of arbitration

While observing that the role of ICADR Rules shall come into play with regard to the procedure to be followed, only after the arbitration commences before the appropriate jurisdiction of law, Suresh Kumar Kait, J., reiterated the observation of BGS SGS SOMA JV v. NHPC(2020) 4 SCC 234, wherein it was stated that if the arbitration agreement provides that arbitration proceedings “shall be held” at a particular venue, then that indicates arbitration proceedings would be anchored at such venue, and therefore, the choice of venue is also a choice of the seat of arbitration. 

Read more…

  • Can a party unilaterally appoint an Arbitrator of their choice? Read on

Suresh Kumar Kait, J., reiterated that no party could be permitted to unilaterally appoint an Arbitrator, as the same would defeat the purpose of unbiased adjudication of the dispute between the parties.

 Read more…

  • Whether once a bench of SC has doubted correctness of an earlier bench of co-equal strength, and referred the issue to a larger bench, Courts lower in hierarchy should continue to follow earlier decision – Is it debatable?

The question of whether, once a bench of the Supreme Court has doubted the correctness of an earlier bench of co-equal strength, and referred the issue to a larger bench, Courts lower in hierarchy should continue to follow the earlier decision, appears to be debatable.

Read more…


Assault by Policemen


Law does not permit people to be beaten-up in police custody or during interrogation

While addressing a very unfortunate incident of police assault, Najmi Waziri, J., expressed that

Let no one have to repeat the tragic last words like George Perry Floyd, Jr.: “I can’t breathe”.

Read more…


Law on Offences against property


While committing the act of robbery, if revolver is brandished, would that be an offence under S. 397 IPC?

Subramonium Prasad, J., addressed a very pertinent question of whether brandishing a revolver during the act of robbery be covered under Section 397 of Penal Code, 1860.

Read more…


Dissolution of Marriage


Materialistic attitude of husband considering wife as cash cow: Is it a ground to dissolve the marriage?

The Division Bench of Vipin Sanghi and Jasmeet Singh, JJ., noted in a matrimonial matter that the wife was being viewed as a cash cow and the husband became interested in her only after she got a job with Delhi Police.

Read more…


Virtual Currency


Dealing in virtual currency and duping people of Rs 2.5 Crores: Can bail be granted for such alleged economic offences? Read full report to know 

Getting indulged in Virtual Currencies even after receiving public notices not to deal in the same and further duping several people, the accused applied for bail. Anu Malhotra, J., denied application of the accused concerned by expressing that,

“…alleged commission of economic offences corrode the fabric of democracy and were committed with total disregard to the rights and interest of the nation and were committed by breach of trust and faith and were against the national economy and national interest, whereby a large number of innocent investors had been duped of their hard-earned money…” 

Read more here…


POSH Act


Jurisdiction of Internal Complaints Committee and Local Committee: Detailed account of Delhi HC decision revolving around case of aggrieved women herself terminated from services

“…instead of providing assistance to the aggrieved woman in prosecuting her complaint of sexual harassment, the Akademi has been opposing her tooth and nail and has even terminated her services pending the inquiry before the Local Committee.”

Read more…


 Bail


  •  Father-in-Law accused of raping own Daughter-in-Law: Read whether Del HC grants bail or not

Rape is not merely a physical assault; it is often destructive of the whole personality of the survivor.

Read more…

  • Bail granted to a young mother accused in murder of her tutor with whom she had illicit relationship

Rajnish Bhatnagar, J. granted bail to a young mother of two minor children, who was booked in connection with the murder of her tutor with whom she had an illicit relationship.

Read more…

  • Wife commits suicide after speaking to husband on mobile phone, husband suspicioned to have instigated wife| Read whether Del HC grants bail to husband

Mukta Gupta, J., decided a bail matter wherein the husband suspicioned to have instigated the wife to commit suicide.

 Read more here: https://bit.ly/3ysAXtz


Appellate Court


 Reasons, an essential feature of a judgment? Is there a link covered under reasons in Judgment? Read on

Duty of the Appellate Court is to see whether the Metropolitan Magistrate had considered the claim of the petitioner on merits and what are the reasons given by the Metropolitan Magistrate to reject the claim.

 Read more…


Testamentary Proceedings


 Prior to proving a Will, its execution is to be proved first by an attesting witness? Del HC explains

Granting that the CPC could be made applicable to the contested testamentary proceedings, as in the present case, it still leaves the court with the discretion to allow the party to be examined subsequent to the examination of his own witnesses

Read more…


Article 12 of the Constitution of India


World Bank a Government Agency or not? Del HC decides

World Bank or any of the other international bodies, which have proceeded to debar the petitioner, cannot be considered as a “Government Agency”. This is for the reason that none of the international bodies are bound by any directions issued by the Government of India.

Read more…


Maintenance


  • Husband is bound to compensate wife who, after spending on children, may hardly be left with anything to maintain herself

In households wherein the women are working and are earning sufficiently to maintain themselves, it does not automatically mean that the husband is absolved of his responsibility to provide sustenance for his children.

Read more…

  • Can wife claim maintenance under S. 125 CrPC where she as well as husband had spouses living at the time of alleged marriage?

A second wife whose marriage is void on account of survival of the first marriage would not be a legally wedded wife, and therefore would not be entitled to maintenance under this provision.

Read more…

  • Maintenance can be claimed under DV Act even if already granted under S. 125 CrPC: Del HC reiterates

Amit Bansal, J., reversed the order of the trial court as it dismissed the application filed by the petitioner under Section 26 of the Protection of Women from Domestic Violence Act only on the basis that it had been filed towards execution of maintenance already granted.

Read more…


Arbitral Award


  • Del HC’s decision focusing on methodology adopted by Arbitral Tribunal for calculating arbitral award on finding error in Surveyor’s report

“Mere erroneous application of the law, or appreciation of evidence, does not call for interference of the award on the ground of patent illegality. The Court cannot set aside the award by reappreciating the evidence, which is taken into consideration, by an Arbitral Tribunal”

Read more…

Court’s interference in regard to arbitral awards: Limited or Not? Del HC explains with the view taken by SC decision

“….so long as the view taken by an arbitrator, is a possible view based on facts, it is irrelevant whether this Court would or would not have taken the same view on the merits of the matter, hence arbitral award was required to be upheld.”

Read more…


Physical Presence v. Video Conference


Physical Presence for registration of marriage under Delhi (Compulsory Registration of Marriage) Order, 2014, a necessity? Delhi HC decides

“In a little over half a decade, since the Registration Order was notified, the universe has undergone a sea change but the Registering Authority, while exercising its power and jurisdiction under the Registration Order is refusing to recognize the reality that with the technology as is available today, web portals and Video Conferencing have become almost the norm.”

 Read more…


Judicial Member


Whether duration of practice at the Bar be counted along with qualifying period put in by claimant as Judicial Member for calculating pension? Del HC decides

Kameswar Rao, J., refuses to grant relief to the claimant who urged to include 10 years of practice as an advocate for the purpose of calculating pension in addition to qualifying service as Judicial Member of Railway Claims Tribunal.

Read more…


Dying Declaration


 Del HC on ‘Dying Declaration’ of a woman set ablaze by the husband: Conviction of Murder upheld

While upholding the decision of Trial Court, Division Bench of Vipin Sanghi and Jasmeet Singh, JJ., reiterated that dying declaration of a person by itself, maybe sufficient to find the accused guilty and if the statement is reliable and credible, it does not even need corroboration.

Read more…


Trademark Infringement


Will the rights of a prior user override those of a subsequent user even though it had been accorded registration of its trademark? All-Inclusive Report on Trademark Infringement of ‘Rajdhani’

The rights of a prior user will normally override those of the subsequent user even though it had been accorded registration of its trademark.

Read more…


Properties Mortgaged to Banks


If Banks have to survive, borrowers must exist and not mere borrowers but productive borrowers: Del HC on whether borrowers have protection against arbitrary disposal of properties mortgaged to banks at low prices? [In-depth Report]

The Banks seek collaterals and security to prevent losses to themselves. It is, but reasonable, to expect the Banks such as the respondent, to also respect the right of the borrowers to maximize their profits from the sale of collaterals/securities by the banks.

Read more…


Advocates Representation in Labour Courts


Representation by Advocates before Labour Courts: Del HC reiterates there is no absolute bar

Judicial decisions on the question of consent, including implied consent, have primarily turned on the facts of each case.

Read more… 


Indian Army


Under Indian Army, can mere acceptance of a resignation create a vacancy for being filled up from cadet in waiting? Read what Del HC says

“Mere acceptance of resignation may not be sufficient to consider creation of a vacancy for being filled up from the cadet in the waiting.”

Read more…


Eviction Order


What are the essential ingredients that a landlord is required to show for purpose of getting an eviction order for bonafide needs? Del HC elaborates

Jayant Nath, J., while addressing a matter noted the essential ingredients that a landlord is required to show for the purpose of getting an eviction order for bonafide needs.

Read more…


Custodial Violence


  • Remedial action to be taken so that unscrupulous officers at Jail do not take advantage of knowledge of non-working of CCTVs & get away by doing any illegal act

Walls of prison, howsoever high they may be, the foundation of a prison is laid on the Rule of Law ensuring the rights to its inmates enshrined in the Constitution of India.

 Read more…


Voluntary Retirement


Under Pension Rules, if a Government Servant seeks voluntary retirement, he must have completed service of 20 years and may serve notice of 3 months

Government Servant at any time, after he has completed 20 years of qualifying service, may give a notice of 3 months to retire from the service.

Read more…


Testimony of Child victim


Can testimony of child victim be trustworthy? HC reiterates law on finding child witness competent

 Under Section 29 of the POCSO Act, there is also a presumption regarding the guilt of an accused. As a result, the prosecution has to lay down and prove the fundamental facts regarding the guilt of the accused but the burden of proof on the prosecution is not of ‘beyond reasonable doubt’. Once the facts are proved, the onus is on the accused to lead evidence to rebut the presumption raised under Section 29 of the POCSO Act.

Read more…


Settlement


Person accused under S. 307 IPC if entered into a compromise with victim, can Court quash criminal proceedings in light of settlement? Delhi HC unravels

 “…an offence under Section 307 IPC will fall under the category of heinous offence, and therefore, has to be treated as a crime against the society and not against the individual alone and the proceedings under Section 307 IPC cannot be quashed only on the ground that the parties have resolved the entire disputes amongst themselves.”

Read more…


Compulsory Retirement


On what basis is an employee compulsory retired? An account of Compulsory Retired, IRS Officer | Read Del HC’s opinion stressing on ‘compulsory retirement, a subjective satisfaction’

 Fundamental source of compulsorily retiring an employee of the Government is derived from “Doctrine of Pleasure” which springs from Article 310 of the Constitution of India.

Read more…


 Negotiable Instruments Act


Does a decree automatically follows when a Metropolitan Magistrate take cognizance of an offence under S. 138 NI Act? Read on

Read more…


Income tax Act


Issuance of prior show cause notice and draft assessment order under S. 144B (7) of Income Tax Act: Is it a mandatory condition before issuing final assessment order? HC answers

 High Court opined that Section 144B (7) of the Income Tax Act, 1961 mandatorily provides for issuance of a prior show cause notice and draft assessment order before issuing the final assessment order.

Read more…


Trade Marks Act


  •  Whether S. 124 of Trade Marks Act provide for stay of action against passing off? Read on

 There is no such occasion arising in a suit for passing off. It is only when clever drafting discloses the intent of the plaintiff to get over the statutory bar, being aware of the rectification proceedings commenced against the trade mark that it claims is exclusively it’s own.

Read more…

  • Determination of territorial jurisdiction of Court in matters relating to trademark infringement: HC discusses

Considering the nature of business, the prior relationship of the parties, and the business format of establishing franchisees, it cannot be assumed that the Plaintiffs’ allegations are mis-founded or could be construed as false, in absence of any documentary proof.

Read more…

  •  Del HC grants interim injunction in favour of DPS Society against Infringement of trademark and crest logo by Delhi Public International School

“Besides, considering that parties are in the field of education, deliberate adoption by the Defendants of impugned trade marks and logo that are deceptively similar and/or identical to the Plaintiff’s registered trade marks/names and logos can cause confusion in the minds of the parents, prospective students and staff desirous of securing admission or availing services, seeing the advertisements, promotional material, admission forms, boards/ hoardings, etc.”

 Read more…


Anti-Profiteering Case


 Proceedings against Subway Systems (India) dropped in anti-profiteering case against franchisee

Bench opined that it is settled law that in order to have the locus standi to invoke the extraordinary jurisdiction under Article 226 of the Constitution of India, the applicant should ordinarily be one who has a personal or individual right in the subject matter of the application.

Read more…


Employer’s Negligence


Due to employer’s negligence, an employee suffered 100% disability | Read how Del HC emphasises on principle of res ipsa loquitur and strict liability to pronounce decision

Anup Jairam Bhambhani, J., emphasizing the principle of res ipsa loquitur and placing a detailed explanation on the same granted just and fair compensation to a person who was 100% disabled due to an accident at his place of work. 

Read more…


Domestic Violence Act


Provisions of DV Act cannot be used as a ploy by son, to either claim a right in his father’s property or continue to retain possession of father’s property, on strength of his wife’s right of residence: Del HC

 “…all cases of family disputes cannot be characterised as cases under the DV Act.”

Read more…


Abetment of Suicide


  •  Issuing a legal notice and filing a complaint case against someone, would that amount to abetment of suicide? Del HC deciphers

 Abetment involves a mental process of instigating a person or intentionally aiding a person in doing a thing.

Read more…


Bank Guarantee


Bank Guarantee: Can these be encashed during their validity period? Read Del HC’s opinion on furnishing of bank guarantees

There is no judicial finding that a Bank Guarantee cannot be encashed during its validity.

 Read more… 


Chief Minister’s Advocates Welfare Scheme


  • CM Advocates Welfare Scheme: Only for the Advocates enrolled with Voter ID of Delhi? HC enumerates significance of Place of Practice v. Place of Residence

Prathiba M. Singh, J., remarked that,

Insurance for lawyers has been an aspiration for several years.

Read more…

  • Whether a Chief Minister’s promise to its citizens is enforceable? Succinct report in light of Delhi CM’s ‘Promise’ | Highlight on Doctrines of Promissory Estoppel & Legitimate Expectations

Prathiba M. Singh, J., while quoting that ‘Promises are meant to be broken’ stated that the law has evolved the doctrines of legitimate expectation and promissory estoppel to ensure that promises made by the Government, its officials and other authorities are not broken and are, in fact, judicially enforceable, subject to certain conditions.

Read more…


5G Technology


Colossal Harm by rolling out of 5G Technology: Delhi HC dismisses suit for defective plaint, filed for gaining publicity; Imposes costs of Rs 20 lakhs

J.R. Midha, J., dismisses the suit filed regarding the rollout of 5G technology on observing that the suit was filed with the motive of gaining publicity and also the Court reasoned out various defects in the plaint.

Read more…


Delhi Riots


  • Crucial aspects of ‘Terrorist Act’ and Right to Protest | Everything about Asif Iqbal Bail Order

“Terrorist Act” cannot casually apply to conventional offences; Foundations of nation stand on surer footing that to be shaken by tribe of college students

Read more…

  • Devangana & Natasha v. State | Pivotal Findings in State against Devangana Kalita & Natasha Narwal

The Division Bench of Siddharth Mridul and Anup Jairam Bhambhani, JJ., granted regular bail to activist Devangana Kalita and Natasha Narwal in the Delhi-Riots case.

Read more…


COVID-19


  • “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

The Division Bench of Rajiv Shakdher and Talwant Singh, JJ., disposed of the petition which was filed in order to decide the constitutionality of imposition of IGST on the imported oxygen concentrators. The Court in its prologue said,

“This is a George Floyd moment for the citizens of this country. The refrain is ―I can’t breathe‖, albeit, in a somewhat different context and setting; although in circumstances, some would say, vastly more horrifying and ghastlier. Chased and riven by the merciless novel Coronavirus, the citizenry has been driven to desperation and despair.”

Read more…


Compensation under Motor Vehicles Act


  • Whether it would be fair to deny compensation for loss of dependency to a parent, who may not be dependent on his/her child at the time of accident per se but would become dependent at his/her later age? HC explains

J.R. Midha, J., while addressing a motor accidents claim application decided on the issue whether it would be fair to deny compensation for loss of dependency to a parent, who may not be dependent on his/her child at the time of accident per se but would become dependent at his/her later age?

Read more…

Case BriefsHigh Courts

Madhya Pradesh High Court: S.A. Dharmadhikari, J., allowed a petition which was filed invoking inherent powers of this Court under Section 482 of the CrPC seeking quashment of FIR registered alleging offence punishable under Section 2 of the Prevention of Insults to National Honour Act, 1971 (1971 Act).

A complaint was lodged by Sweety Rajawat, Sub Inspector that she found that in the compound of Balaji ITI College, Gurudwara Road, Sabalgarh, the national flag continued to remain hoisted till 8.30 PM and, as such, intentional insult to National Flag was being caused. Counsel for the petitioners submitted that even if the allegations contained in the FIR are treated to be true, then too they do not constitute any offence as alleged.

The Court perused Section 2 of 1971 Act and derived that it attracts punishment of imprisonment for a term of three years or with fine or both when a person is found in public place within public view burning mutilating, defacing, defiling, disfiguring, destroying, trampling upon or bringing or otherwise bringing into contempt by words spoken or written or by act begin the Indian National Flag. It was further noted that allegation against petitioners is of leaving National Flag at hoisted position at about 8.30 PM i.e. between sunset and sunrise and that act of petitioners does not squarely fall within Section  2 of 1971 Act. Thus, the act of leaving the National Flag in hoisted position even after sunset may be an act of advertent or inadvertent forgetfulness and subject matter of misconduct but not contemptuous unless it is shown that hoisting and flying the National Flag between sunset and sunrise is expressly prescribed as an offence in specific terms.

The fundamental rule of interpretation of penal provision requires that every penal provision is to be interpreted strictly. If an act does not fall within the four corners of the offence described by the statute, then the said act cannot suffer rigors of penal provision.

Reliance was placed on the Supreme Court judgment in R. Kalyani v. Janak C. Mehta, (2009) 1 SCC 516 and it was evident that the act of leaving the National Flag at hoisted position between sunset and sunrise does not satisfy the ingredients which constitute the offence punishable under Section 2 of 1971 Act.

Counsel for respondents submitted that Clause of Section 2 (2.2)(xi) of the Indian Flag Code, 2002 states that allowing National Flag to remain hoisted between sunset and sunrise was prohibited.

The Court perused the abovementioned section and was of the view that the said Flag Code is not “law” as defined in Article 13 of Constitution of India and is a mere compendium of executive instructions as held by the Supreme Court in Union of India v. Naveen Jindal, (2004) 2 SCC 510.

The Court finally held that since the Flag Code does not have any statutory force it cannot attract any offence. The Court allowed the petition and quashed all the consequential proceedings explaining that, the Flag Code laid down that as far as possible National Flag should be flown between sunrise and sunset which meant that it should not be flown between sunset and sunrise. Use of expression “as far as possible” in the said clause of Flag Code, which was a mere instruction, was sufficient for this Court to conclude that flying of National Flag between sunset and sunrise was not prohibited by law.[Gaurishankar Garg v. State of M.P., M.Cr.C. No.18186 of 2021, decided on 24-08-2021]


Suchita Shukla, Editorial Assistant has reported this brief.


Advocates before the Court:

For the petitioners: Mr Vivek Khedkar

For the respondent/State: Mr Manish Nayak

Case BriefsCOVID 19High Courts

 Delhi High Court: Prathiba M. Singh, J., while addressing the issue with respect to wearing masks while travelling alone in a car held that:

A vehicle which is moving across the city, even if occupied at a given point in time by one person, would be a public place owing to the immediate risk of exposure to other persons under varying circumstances. Thus, a vehicle even if occupied by only one person would constitute a ‘public place’ and wearing of a mask therein, would be compulsory.

Petitioners challenged the imposition of Rs 500 for non-wearing of face masks while travelling alone in a private car.

Analysis and Findings

The three broad issues to be addressed by the Bench are:

  1. What is the ambit of the power to issue guidelines under the provisions of Epidemic Diseases (Amendment) Act and DMA?
  2. Whether under the guidelines which have been issued under the April Order by the DMA and June Notification, wearing face masks is compulsory even when an individual is travelling in a privately owned car. If so, in what manner is the face mask to be worn?
  3. iii. Whether the Executive Magistrates who have issued the challans and imposed the fines of Rs 500 each were properly authorised in law?

Bench noted that EDA confers power on both the State and Central Government to prescribe regulation as may be necessary for both the purposes of the prevention of disease, as well as, the spread of disease. Central and State Government are empowered under the DMA to take all such measures as it deems necessary for the purpose of disaster management.

High Court in the present set of facts and circumstances was concerned with the Order issued by DDMA in April and the Regulations of 2020.

The above-said Order specifically recorded that the spread of Coronavirus could be reduced substantially by wearing of face masks. In view of the same wearing of face masks was made compulsory for any person moving in a public place.

Petitioners submitted that in the above-said order, a specific direction existed for compulsorily wearing a face mask while in a personal or official vehicle and the was conspicuously absent in the Regulation of 2020.

High Court expressed that:

The wearing of a mask is in the nature of a measure which is necessary for controlling the spread of the Coronavirus and the directions in respect of wearing of face masks can clearly be issued under the provisions of the EDA and the DMA.

“…The April Order and the Regulations of 2020 have to be interpreted in the context and background of the pandemic, and not in isolation thereof.”

 Bench also highlighted that the wearing of masks is necessary irrespective of whether a person is vaccinated or not.

Coming to the April Order, Court stressed upon the fact that the order made it unequivocally clear that any person moving in a personal or official vehicle “must” wear masks “compulsorily”.

The said order doesn’t distinguish between whether the person is travelling alone or with any other occupants in the car.

Further elaborating the importance of wearing the masks in the car, Bench elucidated that, when the car is occupied by more than one person, there can be no doubt that masks ought to be worn by each of the occupants. Since the occupants of a car could be persons who may have been exposed to the virus at any point in time and may be temporarily occupying the car, the fact that they would be sitting in an enclosed space, especially with windows rolled up makes them extremely vulnerable if they do not wear the masks. Thus, multiple occupants in a car, in any personal or official vehicle would have to compulsorily wear the masks.

Whether if a person is travelling alone in a car, should he/she wear a mask?

Bench while answering the stated issue, expressed that the Regulations of 2020 specifically state that they are being issued “to enforce the directives” and “to impose penalties by way of fines for a deterrent effect.

What Constitutes as a public place?

‘Public place’ may be defined differently in various enactments, depending on the context.

Supreme Court in its decision in Gaurav Jain v. Union of India, (1997) 8 SCC 114 examined the scope of ‘public place’. It was held that for a place to fall within the purview of this term, it need not be public property and could even be private property which is accessible to the public.

Kerala High Court’s decision in Malathi v. State of Kerala, 2020 SCC OnLine Ker 308 observed that the term ‘public place’ has to be understood in the larger context.

Now coming to the earlier question, Bench stated that A person travelling in a vehicle or car even if he is alone, could be exposed to the virus in various ways. 

While explaining more on the above, High Court expressed that if a person is travelling in the car alone, the said status is not a permanent one. It is merely a temporary phase.

There are several possibilities in which while sitting alone in the car one could be exposed to the outside world. Thus, it cannot be said that merely because the person is travelling alone in a car, the car would not be a public place. 

Exercise of powers

High Court noted that the definition of authorized persons being inclusive and expansive in nature, District Magistrates are vested with powers to further authorize any officers to issue challans.

Court directed the authorities concerned to take all requisite measures for the enforcement of wearing of face masks as compulsory in the context of the pandemic.

While concluding with the decision Bench held that all the four Petitioners in the present cases, being advocates/lawyers ought to recognise and assist in implementation of measures to contain the pandemic, rather than questioning the same. Advocates as a class, owing to their legal training have a higher duty to show compliance especially in extenuating circumstances such as the pandemic. Wearing of masks cannot be made an ego issue. Compliance by advocates and lawyers would encourage the general public to show greater inclination to comply.

In view of the above discussion, the petitions were dismissed. [Saurabh Sharma v. Sub-Divisional Magistrate, 2021 SCC OnLine Del 1530, decided on 07-04-2021]


Advocates before the Court:

For the Petitioners:

K.C. Mittal, Joby P. Varghese, Saurabh Sharma and R.P.S Bhatti.

For the Respondents:

Devesh Singh, ASC, GNCTD with Sukriti Ghai and Manas Bhatnagar, Advocates Farman Ali Magray, Sr. Panel Counsel.

Shobhana Takiar, ASC, GNCTD; Bhagavan Swarup Shukla, CGSC with Sarvan Kumar, Advocate.

T.P. Singh, Sr. Central Govt. Counsel; Sanjoy Ghose, ASC Rhishabh Jetly, Advocate for GNCTD.

Devesh Singh, ASC, GNCTD with Sukriti Ghai and Manas Bhatnagar, Advocates