{"id":256612,"date":"2021-11-02T09:00:53","date_gmt":"2021-11-02T03:30:53","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=256612"},"modified":"2021-11-07T21:59:05","modified_gmt":"2021-11-07T16:29:05","slug":"high-courts-monthly-roundup-october-2021","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2021\/11\/02\/high-courts-monthly-roundup-october-2021\/","title":{"rendered":"High Courts Monthly RoundUp — October 2021"},"content":{"rendered":"

Allahabad High Court<\/strong><\/span><\/h3>\n

Custody<\/strong><\/span><\/h4>\n

Husband alleged to have been cause of wife\u2019s death who committed suicide. Will this be a consideration for granting custody to father of corpus? All HC elaborates<\/strong>\u00a0<\/strong><\/p>\n

\n

\u201c\u2026<\/strong>lower courts were duty-bound to consider the allegations against the respondent and pendency of criminal case for an offence punishable under Section 498-A IPC.\u201d<\/p>\n<\/blockquote>\n

Read more here\u2026<\/a><\/strong><\/p>\n

\n

Andhra Pradesh High Court<\/strong><\/span><\/h3>\n

Fraud<\/strong><\/span><\/h4>\n

Registration of document by public officer while discharging public duty: A Fraudulent activity? AP HC decides<\/strong><\/h4>\n
\n

\u00a0\u201cIf a party to the document wants to annul the document, he has to file a suit under Section 31 of the Specific Relief Act before the competent Civil Court and if, third party wants to annul the document, he has to approach the competent Civil Court and seek relief under Section 34 of the Specific Relief Act.\u201d<\/p>\n<\/blockquote>\n

Read more here\u2026<\/a><\/strong><\/p>\n

\n

Bombay High Court<\/strong><\/span><\/h3>\n

Bail<\/strong><\/span><\/h4>\n

Mumbai Cruise Drugs Case | Bom HC grants bail to Aryan Khan, 2 others: Read the fourteen bail conditions.<\/strong><\/h4>\n

Nitin W. Sambre, J., grants bail to accused Aryan Shah Rukh Khan, Arbaaz A. Merchant and Munmum Dhamecha while laying down 14 conditions.<\/p>\n

Read more here\u2026<\/a><\/strong><\/p>\n

Trademark<\/strong><\/span><\/h4>\n

\u201cMark is to be taken as a whole\u201d: Bom HC reminds PhonePe while conditionally allowing withdrawal application<\/strong><\/p>\n

G.S. Patel, J., granted \u2018conditional\u2019 liberty to Phonepe (P) Ltd. to withdraw its suit and an interim application filed against the use of mark POSTPE by Resilient Innovations (P) Ltd. However, before granting leave to withdraw, the Court passed a reasoned order and decided not to delete those reasons \u201conly because an application for withdrawal is being made at this very late stage\u201d.<\/p>\n

\u00a0<\/strong>Read more here\u2026<\/a><\/strong><\/p>\n

Bribe<\/span><\/strong><\/p>\n

Law on Discharge of Accused: Read why Bom HC refused to discharge Income Tax Officer accused of demanding bribe<\/strong><\/p>\n

Sandeep K. Shinde, J., refused to discharge an Income Tax Officer from charges under the Prevention of Corruption Act. The applicant Income Tax Officer was accused of demanding a bribe.<\/p>\n

Read more here\u2026<\/a><\/strong><\/p>\n

Educational Institute<\/strong><\/span><\/h4>\n

Our educational institutions are so weak that they would fear that students would get adversely affected if a restaurant having liquor license was in school\u2019s vicinity: Is it true? Bom HC finds out<\/strong><\/p>\n

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An educational institute certainly contributes in creating ideal citizens. Human virtues and morals can never remain the same. It is thus more important that an endeavour of an educational institution should be to impart such education, so that the basic human values and good virtues are inculcated in the students, to make them ideal citizens.<\/p>\n<\/blockquote>\n

Read more here\u2026<\/a><\/strong><\/p>\n

Rape<\/strong><\/span><\/h4>\n

Lower Court Judge failed in its duty to protect dignity of rape victim: Bom HC\u2019s decision on committing of rape by cab driver joined by his accomplice<\/strong><\/p>\n

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\u00a0\u201c\u2026object of sentencing policy should be to see that the crime does not go unpunished and the victim of crime as also the society has the satisfaction that justice has been done to it.\u201d<\/p>\n<\/blockquote>\n

Read more here\u2026<\/a><\/strong><\/p>\n

Custody<\/span><\/strong><\/p>\n

Custody of minor child, can it be determined on basis of work commitment of one parent and availability of ample time with another? Bom HC decides while determining question of custody, visitation rights and more<\/p>\n

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\u00a0Love and affection of both parents is considered to be the basic human right of a child.<\/p>\n

\u00a0Courts often ensure that even if custody is given to one parent, the non-custodial parent has adequate visitation rights.<\/p>\n<\/blockquote>\n

\u00a0Read more here\u2026<\/a><\/strong><\/p>\n

\n

Calcutta High Court<\/span><\/h3>\n

Law on Defamation \u00a0<\/strong><\/span><\/h4>\n

Calcutta High Court stresses on essentials of offence of defamation in light of harm caused to reputation of person: Read the detailed report<\/strong><\/p>\n

In a case wherein directors of the Board of society had published defamatory statements against the Vice Chairman of the society and circulated the same in the whole society and pasted it on the elevators to defame him, Bibek Chaudhuri, J., explained the offence of defamation and what are the essentials to prove that harm has been caused to the reputation of a person.<\/p>\n

Read more here\u2026<\/a><\/strong><\/p>\n

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Chhattisgarh High Court<\/span><\/h3>\n

POSH <\/strong><\/span><\/h4>\n

Whether obscene language used by A against B would amount to sexual harassment within workplace if working institution is different but appointed by the same employer i.e. Government of Chhattisgarh?<\/strong><\/p>\n

\u00a0<\/strong>Narendra Kumar Vyas J. allowed the petition and remarked\u00a0\u201cany victim of sexual harassment at workplace should not run pillar to post to get her redressal\u201d.<\/p>\n

Read more here\u2026<\/a><\/strong><\/p>\n

Contract Act<\/span><\/h4>\n

Agreement to withdraw criminal complaint after receiving payment for the same cannot be regarded as any lawful term and is void<\/strong><\/p>\n

\u00a0<\/strong><\/em>\u201c24. Agreements void, if considerations and objects unlawful in part. \u2014If any part of a single consideration for one or more objects, or any one or any part of any one of several considerations for a single object, is unlawful, the agreement is void.\u201d<\/em><\/p>\n

Read more here\u2026<\/a><\/strong><\/p>\n

\n

Delhi High Court<\/strong><\/span><\/h3>\n

Virtual Currency<\/strong><\/span><\/h4>\n

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<\/strong>\u00a0<\/strong><\/p>\n

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,<\/p>\n

\u201c\u2026alleged 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\u2026\u201d<\/em>\u00a0<\/em><\/p>\n

Read more here\u2026<\/a><\/strong><\/p>\n

POSH Act<\/span><\/strong><\/p>\n

Jurisdiction of Internal Complaints Committee and Local Committee: Detailed account of Delhi HC decision revolving around case of aggrieved women herself terminated from services<\/strong><\/p>\n

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\u201c\u2026instead of providing assistance to the aggrieved woman in prosecuting her complaint of sexual harassment, the\u00a0Akademi<\/em> has been opposing her tooth and nail and has even terminated her services pending the inquiry before the Local Committee.\u201d\u00a0<\/em><\/p>\n<\/blockquote>\n

Read more here\u2026<\/a><\/strong><\/p>\n

Bail<\/span><\/strong><\/p>\n

Father-in-Law accused of raping own Daughter-in-Law: Read whether Del HC grants bail or not<\/strong><\/p>\n

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\u00a0Rape is not merely a physical assault; it is often destructive of the whole personality of the survivor.<\/p>\n<\/blockquote>\n

Read more here\u2026<\/a><\/strong><\/p>\n

Appellate Court<\/strong><\/span><\/p>\n

Reasons, an essential feature of a judgment? Is there a link covered under reasons in Judgment? Read on<\/strong><\/p>\n

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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.<\/p>\n<\/blockquote>\n

\u00a0Read more here\u2026<\/a><\/strong><\/p>\n

Testamentary Proceedings <\/strong><\/span><\/h4>\n

Prior to proving a Will, its execution is to be proved first by an attesting witness? Del HC explains<\/strong><\/p>\n

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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.<\/em>\u00a0<\/em><\/p>\n<\/blockquote>\n

Read more here\u2026<\/a><\/strong><\/p>\n

Article 12 of the Constitution of India <\/strong><\/span><\/p>\n

World Bank a Government Agency or not? Del HC decides<\/strong><\/p>\n

World Bank or any of the other international bodies, which have proceeded to debar the petitioner, cannot be considered as a \u201cGovernment Agency\u201d. This is for the reason that none of the international bodies are bound by any directions issued by the Government of India.\u00a0<\/em><\/p>\n

Read more here\u2026<\/a><\/strong><\/p>\n

Appointment<\/strong><\/span><\/h4>\n

Rakesh Asthana\u2019s appointment as Commissioner of Delhi Police challenged | Read Why Del HC upheld Centre\u2019s decision<\/strong><\/p>\n

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.<\/p>\n

\u00a0Read more here\u2026<\/a><\/strong><\/p>\n

Maintenance<\/strong><\/span><\/h4>\n

Husband is bound to compensate wife who, after spending on children, may hardly be left with anything to maintain herself<\/strong><\/p>\n

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\u00a0In 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.<\/p>\n<\/blockquote>\n

Read more here\u2026<\/a><\/strong><\/p>\n

Arbitral Award<\/span><\/h4>\n

Del HC\u2019s decision focusing on methodology adopted by Arbitral Tribunal for calculating arbitral award on finding error in Surveyor\u2019s report<\/strong><\/p>\n

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\u201cMere 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\u201d<\/p>\n<\/blockquote>\n

Read more here\u2026<\/a><\/strong><\/p>\n

Court\u2019s interference in regard to arbitral awards: Limited or Not? Del HC explains with the view taken by SC decision<\/strong><\/p>\n

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\u00a0<\/em>\u201c\u2026.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.\u201d<\/p>\n<\/blockquote>\n

Read more here\u2026<\/a><\/strong><\/p>\n

Physical Presence v. Video Conference <\/strong><\/span><\/h4>\n

Physical Presence for registration of marriage under Delhi (Compulsory Registration of Marriage) Order, 2014, a necessity? Delhi HC decides<\/strong><\/p>\n

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\u00a0\u201cIn 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.\u201d<\/p>\n<\/blockquote>\n

\u00a0Read more here\u2026<\/a><\/strong><\/p>\n

Judicial Member<\/span><\/h4>\n

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<\/strong><\/p>\n

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.<\/p>\n

Read more here\u2026<\/a><\/strong><\/p>\n

Dying Declaration<\/span><\/h4>\n

Del HC on \u2018Dying Declaration\u2019 of a woman set ablaze by the husband: Conviction of Murder upheld<\/strong><\/p>\n

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.<\/p>\n

Read more here\u2026<\/a><\/strong><\/p>\n

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Gauhati High Court<\/span><\/h3>\n

Illegal Detention<\/span><\/h4>\n

\u201cIllegal detention or kidnapping is a pre-requisite for invoking writ of habeas corpus\u201d; HC holds habeas corpus doesn\u2019t apply on missing cases<\/strong><\/p>\n

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\u00a0\u201cEstablishing a ground of illegal detention and a strong suspicion about any such illegal detention is a condition precedent for moving a habeas corpus petition.\u201d<\/p>\n<\/blockquote>\n

\u00a0Read more here\u2026<\/a><\/strong><\/p>\n

Compensation<\/span><\/h4>\n

Parties agreeing to rate of Compensation at argument stage, Tribunal granting compensation accordingly, held, the judgment will be a consent decree\u00a0 <\/strong><\/p>\n

Rumi Kumari Phukan, J., held that if the amount of compensation has already been agreed in a compensation claim, no appeal would lie against the same.<\/p>\n

Read more here\u2026<\/a><\/strong><\/p>\n

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Gujarat High Court<\/span><\/h3>\n

Rape<\/span><\/h4>\n

Man\u2019s conviction set aside in charges for raping minor wife; Non-interference by Court would reduce the lady and two children without shelter<\/strong><\/p>\n

Paresh Upadhyay, J., allowed an appeal which was filed against the judgment and order passed by the Special Judge (POCSO) and 3rd Additional Sessions Judge wherein appellant was convicted under Section 376 of the Penal Code, 1860 and Sections 4, 6, 8 and 12 of the Protection of the Children from Sexual Offences Act, 2012 and ordered to undergo sentence of rigorous imprisonment for ten years and fine of Rs 5,000\/- was also imposed and in default thereof, to undergo further simple imprisonment.<\/p>\n

Read more here\u2026<\/a><\/strong><\/p>\n

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Himachal Pradesh High Court<\/span><\/h3>\n

Criminal Contempt<\/span><\/h4>\n

An apology for criminal contempt of court must be offered at the earliest since the belated apology hardly shows the \u201ccontrition which is the essence of the purging of contempt\u201d<\/strong><\/p>\n

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\u201c\u2026contemnors are truly contrite and have offered the apology at the first available opportunity; therefore, we are inclined to accept the apology and discharge the contempt notice by admonishing the contemnors so that justice is tempered with mercy.\u201d<\/p>\n<\/blockquote>\n

Read more here\u2026<\/a><\/strong><\/p>\n

Right to Information<\/span><\/h4>\n

Birth and Death Register are public documents and admissible under S. 35 of the Indian Evidence Act, 1872; To be given even if asked on a simple paper<\/strong><\/p>\n

Tarlok Singh Chauhan J. directed all the Panchayat Secretaries in the State of Himachal Pradesh to provide death certificate as demanded by any person or authority under the Right to Information Act.<\/p>\n

Read more here\u2026<\/a><\/strong><\/p>\n

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Jammu and Kashmir and Ladakh High Court<\/strong><\/span><\/h3>\n

\u201cAnyone possessing knowledge of who is who can name the Minister holding portfolio of works\u201d; HC quashes defamation complaint against Arnab Goswami and Aditya Raj Kaul<\/strong><\/p>\n

\u201cThe accused\/anchors have only stated the obvious. Anyone who possesses even elementary knowledge of who is who of Jammu and Kashmir, can name the Minister who was holding portfolio of works during the period referred to in the letter of Shri Khalid Jahangir.\u201d<\/p>\n

Read more here\u2026<\/a><\/strong><\/p>\n

Strict liability<\/span><\/h4>\n

Teenager dies due to electrocution; HC grants 3 lakhs compensation holding State strictly liable for negligence in maintaining transmission lines<\/h4>\n

Sanjeev Kumar, J., applied the principle of strict liability to grant compensation to the petitioners who had lost their son due to negligence of the Power Development Department.<\/p>\n

Read more here\u2026<\/a><\/strong><\/p>\n

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Jharkhand High Court<\/span><\/h3>\n

Motor Vehicles Act<\/span><\/h4>\n

If the deceased is a child of tender age, how is the amount of compensation dealt with in motor accidents cases?<\/strong><\/p>\n

Ananda Sen, J.,\u00a0 dismissed and held that the amount which has been awarded by the Tribunal with the interest thereupon is just and fair compensation.<\/p>\n

Read more here\u2026<\/a><\/strong><\/p>\n

Appointment<\/span><\/h4>\n

\u201cA woman employee cannot be discriminated on the basis of mode of appointment\u201d; HC holds a contractual employee is equally entitled to maternity benefits<\/strong><\/p>\n

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\u201cA woman employee cannot be discriminated on the basis of mode of appointment and each and every woman, who is an employee of any establishment, is entitled to get the maternity benefit, whatever be the mode of her appointment\u2026\u201d<\/p>\n<\/blockquote>\n

Read more here\u2026<\/a><\/strong><\/p>\n

\n

Karnataka High Court<\/span><\/h3>\n

CGST Act <\/strong><\/span><\/h4>\n

Kar HC directs to consider refund application by Swiggy for the amount paid allegedly under duress and coercion during investigation<\/strong><\/p>\n

Sunil Dutt Yadav J. disposed off the petition and reinstated an observation\u00a0\u201cIf any money is due to the Government, the Government should take steps but not take extra steps or maneuver\u2026\u201d<\/strong><\/p>\n

Read more here\u2026<\/a><\/strong><\/p>\n

Company Petition<\/strong><\/span><\/h4>\n

Interplay between IBC and Companies Act regarding winding up petitions; Court decides in matter of transfer of company petition to NCLT<\/strong><\/p>\n

Sunil Dutt Yadav, J., decided in the matter of a petition which was filed praying to transfer a company petition on the file of the High of Karnataka to the National Company Law Tribunal, Bengaluru under the Insolvency and Bankruptcy Code, 2016.<\/p>\n

Read more here\u2026<\/a><\/strong><\/p>\n

Unauthorized Advertisements<\/strong><\/span><\/h4>\n

Kar HC directs State to ensure that no display boards, unauthorized advertisements, hoardings in respect of various Government projects are to be displayed in public places<\/strong><\/p>\n

A Division Bench of Satish Chandra Sharma, CJ and Sachin Shankar Magadum, J. directed State Government to ensure that no display boards, unauthorized advertisements, hoardings at public places as well as in respect of various Government projects are displayed in future.<\/p>\n

Read more here\u2026<\/a><\/strong><\/p>\n

Public Trust Doctrine<\/strong><\/span><\/h4>\n

State largesse should not be marred by any arbitrariness while dealing with alienation of natural resources<\/strong><\/p>\n

\u00a0<\/strong>\u201cThe most shocking aspect of the case is that an instrumentality of the State i.e., KHB has allotted the site in question without following the allotment regulations. There is a detailed procedure provided under the KHB Regulations for allotment of sites and the procedure has not been followed at all especially when the site was reserved as a Civic Amenity Site.\u201d<\/p>\n

Read more here\u2026<\/a><\/strong><\/p>\n

Copyright Infringement<\/strong><\/span><\/h4>\n

What is Yipee Magic Masala Noodles and Wai Wai Majedaar Masala Noodles copyright infringement battle all about? Read on<\/strong><\/p>\n

\n

\u201cPrinciples laid down for Courts to deal with injunction applications, in a pending suit, seeking relief against passing off\u201d<\/p>\n<\/blockquote>\n

Read more here\u2026<\/a><\/strong><\/p>\n

Rape<\/span><\/h4>\n

Guilt of the accused can be established only after examination of all the witnesses as desired by the prosecution; Matter remitted back to adduce necessary evidence<\/h4>\n
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\u201c\u2026the guilt of the accused can be established only after examination of all the witnesses as desired by the prosecution. It is a specific case of the prosecution that it has necessary evidence to prove the guilt of the accused and it is desirous of making necessary application to have DNA test conducted and that the material witnesses have turned hostile only on the false promise of the accused.\u201d<\/p>\n<\/blockquote>\n

Read more here\u2026<\/a><\/strong><\/p>\n

Custody<\/span><\/h4>\n

A custody case of a toddler between a genetic mother and a foster mother; principle of \u2018distributive justice\u2019 not to be applied; Yashoda Maa and Devaki Maa finds reference in judgment<\/strong><\/p>\n

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\u201cthere is & shall be no cause of action against the foster parents in civil or criminal law concerning the alleged kidnapping of the child.\u201d<\/p>\n<\/blockquote>\n

Read more here\u2026<\/a><\/strong><\/p>\n

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Kerala High Court<\/strong><\/span><\/h3>\n

One-year mandatory internship for foreign medical graduate; HC holds residential internship in India is not mandatory if already done abroad<\/strong><\/p>\n

\u00a0<\/strong>P.B. Suresh Kumar, J., held that the requirement for Medical students who had studied abroad to undergo CRRI for obtaining permanent registration under State Medical Register was inconsistent with prevailing provisions.<\/p>\n

Read more here\u2026<\/a><\/p>\n

Negotiable Instruments Act<\/strong><\/span><\/h4>\n

Absence of salutation like M\/s, Mr or Miss while drawing a cheque is immaterial for offence under S. 138 of NI Act; HC sets aside the acquittal, directs Trial Court to re-address the issue<\/strong><\/p>\n

\n

\u00a0\u201cThe alphabets \u2018M\/s\u2019 which is short form for \u2018Messrs\u2019 is normally a salutation intended to refer to a group of unincorporated persons, such as a partnership firm. The absence of such salutation while drawing the cheque by the respondent-accused cannot be a ground for the accused to be acquitted.\u201d<\/p>\n<\/blockquote>\n

Read more here\u2026<\/a><\/strong><\/p>\n

Rape<\/strong><\/span><\/h4>\n

\u201cThere is gulf of difference between consent and submission\u201d; HC affirms conviction of person accused of raping his own daughter<\/strong><\/p>\n

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\u00a0\u201cEven assuming that the victim is previously accustomed to sexual intercourse, that is not a decisive question. On the contrary, the question which is required to be adjudicated is, did the accused commit rape on the victim on the occasion complained of.\u201d<\/p>\n<\/blockquote>\n

Read more here\u2026<\/a><\/strong><\/p>\n

Sexual Harassment<\/strong><\/span><\/h4>\n

\u201cProtection shall be offered discreetly, by women Police Officers not in uniform\u201d; HC directs Kerala to ensure effective protection of victims of sexual harassment<\/strong><\/p>\n

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\u00a0<\/strong>\u201c\u2026unfortunately, allegations are far more grievous because, the petitioner, who is stated to be a rape victim, alleges that she is being harassed, not only by the accused, but by certain Police Officers.\u201d<\/p>\n<\/blockquote>\n

Read more here\u2026<\/a><\/strong><\/p>\n

Militant Trade<\/strong><\/span><\/h4>\n

Militant Trade Unionism, Gawking wages; HC emphasises over need for proactive approach by the government and stringent actions against the wrongdoers<\/strong>\u00a0<\/strong><\/p>\n

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\u201cThe past experience shows that the headload workers would approach a business concern or an industry and demand that they be engaged in the loading and unloading works; and should they face any resistance, violence and intimidation could be the result.\u201d<\/p>\n<\/blockquote>\n

Read more here\u2026<\/a><\/strong><\/p>\n

Motor Vehicles Act<\/span><\/h4>\n

\u201cNo matter how old she may be, sometimes a girl just needs her mom.\u201d HC holds a married daughter and maternal parents are entitled to claim compensation under MV Act<\/strong><\/p>\n

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\u201cEven if dependency is a relevant criterion to claim compensation for loss of dependency, it does not mean financial dependency is the \u2018ark of the covenant\u2019. Dependency includes gratuitous service dependency, physical dependency, emotional dependency, psychological dependency, and so on and so forth, which can never be equated in terms of money.\u201d<\/p>\n<\/blockquote>\n

Read more here\u2026<\/a><\/strong><\/p>\n

Son-in-law and his right on Father-in-laws property<\/span><\/h4>\n

Claim that he was adopted as a member of family subsequent to marriage with daughter: Know what Ker HC decides<\/strong><\/p>\n

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\u201cA person in possession of the land in the assumed character of owner and exercising peaceably the ordinary rights of ownership has a perfectly good title against all the world but the rightful owner.\u201d<\/p>\n<\/blockquote>\n

Read more here\u2026<\/a><\/strong><\/p>\n

Criminal Case<\/strong><\/span><\/h4>\n

No final report and no cognizance signify there is no pending criminal proceeding; HC lays down parameters governing issuance of passport in a criminal case<\/strong><\/p>\n

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\u201cIt is essential that till then there must be some yardstick to govern the grant of such no objections by criminal courts as otherwise, there is a possibility of the grant of permission turning into a subjective satisfaction rather than an objective one.\u201d<\/p>\n<\/blockquote>\n

Read more here\u2026<\/a><\/strong><\/p>\n

\n

Madhya Pradesh High Court<\/strong><\/span><\/h3>\n

Bail<\/strong><\/span><\/h4>\n

Show cause notice issued against the Trial Court Judge for disclosing name of the rape victim; Court grants bail to the accused<\/strong><\/p>\n

Deepak Kumar Agarwal, J., allowed a bail application which was filed by the applicant for grant of regular bail.<\/p>\n

\u00a0Read more here\u2026<\/a><\/strong><\/p>\n

Whether the accused can be allowed to languish in jail or not when the prosecution itself is not in a position to provide DNA test report? Court answers<\/strong><\/p>\n

G.S. Ahluwalia, J., allowed a bail application which had been filed in connection with Crime No.337\/2020 registered by Police Station Hazira Distt. Gwalior for offence punishable under Sections 363, 376 of IPC, Section 3\/4 of POCSO Act and Section 3(1)(w)(ii) and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.<\/p>\n

Read more here\u2026<\/a><\/strong><\/p>\n

Cooling off Period<\/strong><\/span><\/h4>\n

Waiting period will only prolong their agony; Court waives off cooling period in divorce proceedings<\/strong><\/p>\n

S.A. Dharmadhikari, J., decided in the matter of the petition which was filed challenging the order passed by Additional Principal Judge to the Court of Principal Judge, Family Court, whereby the application filed by the petitioner and respondent under section 13-B of HMA for waiving off cooling period in the light of judgment passed by the Hon\u2019ble Supreme Court in the case of\u00a0Amardeep Singh v. Harveen Kaur,\u00a0<\/em>AIR 2017 SC 4417, had been rejected.<\/p>\n

Read more here\u2026<\/a><\/strong><\/p>\n

\n

Madras High Court<\/strong><\/span><\/h3>\n

Unemployment<\/strong><\/span><\/h4>\n

Madras HC on menace of job racketing and scams cropping up || Detailed report on how a person fraudulently acted as an employee of Court cheated several people<\/strong><\/p>\n

The method of minting money by utilizing the unemployment problem is mushrooming in the recent past and though the amount sought to be transferred can be meagre, it will get doubled or multiplied, when thousands of people transfer the amount in their favour.<\/p>\n

Read more here\u2026<\/a><\/strong><\/p>\n

Trademark<\/span><\/h4>\n

Presumption of infringement under S. 29(3), Trademarks Act: Madras HC grants permanent injunction in favour of Bharatmatrimony<\/strong><\/p>\n

\u00a0<\/strong>Jayachandran, J., decided a matter with regard to infringing the registered trademark BHARATMATRIMONY.<\/p>\n

\u00a0Read more here\u2026<\/a><\/strong><\/p>\n

CPC<\/span><\/h4>\n

When can Court invoke its Power to effect an attachment under Or. 38 R. 5 of Civil Procedure Code? Madras HC decides<\/strong><\/p>\n

\n

\u201cPower under Order XXXVIII, Rule 5 of the Civil Procedure Code has to be sparingly used and only when, there is sufficient reason to believe that the defendant is about to dispose his property, Attachment or Order to furnish security shall be ordered.\u201d<\/p>\n<\/blockquote>\n

Read more here\u2026<\/a><\/strong><\/p>\n

Cinema Hall<\/span><\/h4>\n

Cinema owners are liable to pay compensation for not providing free potable & pure drinking water? Prohibition to carry drinking water in Cinema Hall | Madras HC Decision<\/strong><\/p>\n

\n

\u201cCinema Hall, which seeks to prohibit carrying of drinking water inside the Cinema Hall for security reasons, must necessarily provide free potable and pure drinking water\u201d<\/p>\n<\/blockquote>\n

Read more here\u2026<\/a><\/strong><\/p>\n

\n

Orissa High Court<\/strong><\/span><\/h3>\n

Doctrine of parens patriae<\/strong><\/span><\/h4>\n

\u201cCourt is duty bound to take care of the animal rights\u201d; Prayer sought for interim release of the vehicle involved in offences under the PCA Act<\/strong><\/p>\n

The Prevention of Cruelty to Animals (Care and Maintenance of Case Property Animals) Rules, 2017, which has been framed by exercising power under Section 38 of the PCA Act, deals with the procedure for custody of rescued animals, the cost of care and keeping of animals pending litigations, their status upon disposal of litigation and disposition.\u201d<\/p>\n

Read more here\u2026<\/strong><\/a><\/p>\n

Real Estate (Regulation and Development) Act, 2016<\/span><\/h4>\n

Whether Proviso to Sub-Section (5) of S. 43 of Real Estate (Regulation and Development) Act, 2016 is ultravires of Constitution of India? HC denies<\/strong><\/p>\n

\u00a0<\/strong>While granting the right of appeal the legislature can impose condition for the exercise of such right. As long as the conditions are not so onerous, that it amounts to unreasonable restrictions rendering the right almost illusory.<\/p>\n

Read more here\u2026<\/a><\/strong><\/p>\n

Adverse Possession<\/span><\/h4>\n

Adverse possession is a right which comes into play not just because someone loses his right to reclaim the property out of continuous and wilful neglect but also on account of possessor\u2019s positive intent to dispossess-one<\/strong><\/p>\n

The process of acquisition of title by adverse possession springs into action essentially by default or inaction of the owner. A person even though is having no right over the property entered into possession of the property of someone else and continues to be in possession setting up title in himself and adversely to the title of the true owner they only a case of acquisition of title by adverse possession can sustain, provided it is for the required length period and the nature of possession is open, peaceful and without interruption and as such established by leading clear, cogent and acceptable evidence.<\/p>\n

Read more here\u2026<\/a><\/strong><\/p>\n

\n

Patna High Court<\/span><\/h3>\n

Murder<\/span><\/h4>\n

Can a person be convicted for murder solely on the evidence gathered by the police sniffer dog? Court answers<\/strong><\/p>\n

Noticing discrepancies in the Trial the Division Bench of Ashwani Kumar Singh and Anil Kumar Sinha, JJ., acquitted a woman accused of killing a 2-year-old kid.<\/p>\n

Read more here\u2026<\/a><\/strong><\/p>\n

Firm<\/span><\/h4>\n

\u201cWhether the firm was a partnership or proprietorship would be answered by way of a declaration in a proper constituted suit\u201d; HC dismisses appeal seeking misguided relief<\/strong><\/p>\n

The Division Bench of Sanjay Karol, CJ., and S. Kumar, J., denied to entertain an intra-court appeal against the order of a Single Judge.<\/p>\n

Read more here\u2026<\/a><\/strong><\/p>\n

\n

Punjab and Haryana High Court<\/strong><\/span><\/h3>\n

Derogatory Remarks<\/strong><\/span><\/h4>\n

Whether derogatory remarks made during private conversation would attract provisions of SC & ST Act? Can a stranger to dispute invoke provisions of the Act?<\/strong><\/p>\n

Considering the misuse of SC and ST Act by so-called social activists, Arvind Singh Sangwan J. directed the Director General of Police to issue instructions to all the Senior Superintendents of Police that no FIR under SC&ST Act be registered at the instance of third party, unless an opinion is sought from the District Attorney (Legal) that the complainant falls within the definition of victim as per SC&ST Act\u00a0<\/strong><\/p>\n

Read more here\u2026<\/a><\/strong>\u00a0<\/strong><\/p>\n

Evidence<\/strong><\/span><\/h4>\n

Constable dismissed from service after video of him consuming alcohol went viral on internet; HC sets aside dismissal for lack of evidence<\/strong><\/p>\n

Chakradhari Sharan Singh, J., set aside the order of dismissal of a constable who was removed from service in relation to a viral video of him consuming alcohol on duty.<\/p>\n

Read more here\u2026<\/a><\/strong><\/p>\n

Self-Acquired Property<\/span><\/h4>\n

Contribution for renovation to father\u2019s self-acquired property a ground to not being evicted? Here\u2019s what P&H HC opined while deciding on Eviction Order for Son and Daughter-in-law<\/strong><\/p>\n

\n

\u201c\u2026When the children, who the parents have reared with untold sorrows and miseries, throw them at the mercy of their destiny and use their muscle power to torture and harass them, the parents\u2019 world get totally shattered which marks as the beginning for the unfortunate tale of their moving from one Forum to another for redressal\u201d<\/p>\n<\/blockquote>\n

Read more here\u2026<\/a><\/strong><\/p>\n

\n

Rajasthan High Court<\/strong><\/span><\/h3>\n

Right to Education Act<\/strong><\/span><\/h4>\n

State not to come in the way of performance of statutory obligation by the schools provided under the RTE Act, 2009<\/strong><\/p>\n

A Division bench of Manindra Mohan Shrivastava and Farjand Ali granted interim relief against State\u2019s directions to prohibit admission to pre-school classes under RTE Act.<\/p>\n

Read more here\u2026<\/a><\/strong><\/p>\n

Matrimonial Disputes<\/strong><\/span><\/h4>\n

Convenience of the wife is to be preferred over the convenience of the husband in transfer petitions relating to matrimonial disputes<\/strong>\u00a0<\/strong><\/p>\n

Chandra Kumar Songara J. allowed the petition of the wife-petitioner on the grounds of having a child, no source of income and residing with her parents.<\/p>\n

Read more here\u2026<\/a><\/strong><\/p>\n

Rajasthan State Commission for Women<\/span><\/h4>\n

Raj HC directs State to take necessary steps for constitution of Rajasthan State Commission for Women as mandated by S. 3 of Rajasthan State Commission for Women Act, 1999<\/strong><\/p>\n

A Division Bench of Manoj Kumar Garg and Sangeet Lodha JJ. directed State to take necessary steps for constitution of Rajasthan State Commission for Women(\u2018the Commission\u2019) as mandated by section 3 of the Rajasthan State Commission for Women Act, 1999.<\/p>\n

Read more here\u2026<\/a><\/strong><\/p>\n

\n

Sikkim High Court<\/strong><\/span><\/h3>\n

Writ Jurisdiction<\/strong><\/span><\/h4>\n

Exercise of Writ Jurisdiction by the High Court when an efficacious, alternative remedy is available: a self-imposed limitation<\/strong><\/p>\n

Meenakshi Madan Rai, J., decided on a petition wherein the petitioner body established under the Sikkim Municipalities Act, 2007, claimed that the provisions of the Employees\u201f Provident Funds and Miscellaneous Provisions Act, 1952, (\u201cEPF & MP Act, 1952\u201d) was not applicable in the State of Sikkim as it was not enforced in compliance to the provisions of Article 371F of the Constitution of India.<\/p>\n

Read more here\u2026<\/a><\/strong><\/p>\n

Public Interest Litigation<\/span><\/h4>\n

Court issues directions in PIL filed complaining Army personnel locking army area and barring residents from using footpath<\/strong><\/p>\n

The Division Bench of Biswanath Sommader, CJ. and Meenakshi Madan Rai, J., decided on a petition which had been treated as Public Interest Litigation on the basis of a letter dated 3rd March, 2020, received from the public of Syari, East Sikkim, Gangtok, stating that the public of Syari, East Sikkim, were facing problem after they were barred from using the footpath along the entry point from the Army area, Ganju Lama Dwar, Ward no. 01, 02, 03 and 04 under Syari, East Sikkim.<\/p>\n

Read more here\u2026<\/a><\/strong><\/p>\n

Second Appeal<\/span><\/h4>\n

Second appeal is maintainable if only the case involves a substantial question of law; Court dismisses appeal<\/strong><\/p>\n

Section 101 of the Indian Evidence Act, 1872 states that whoever desires any court to give judgment as to any legal right or liability dependent on the existence of facts, he asserts must prove that those facts exist. When a person is bound to prove the existence of any fact, it is said that the burden of proof lies on that person.<\/p>\n

Read more here\u2026<\/a><\/strong><\/p>\n

Self-Acquired Property<\/span><\/h4>\n

Self-Acquired Property of father on mortgage, can sons interfere with father\u2019s right to dispose and deal with property? Sikkim HC explains<\/strong><\/p>\n

If a father keeps his self-acquired property for the purpose of mortgage, can his sons interfere in the same? Bhaskar Raj Pradhan, J. answered in the negative and stated that the sons did not have a right to stop the father in dealing with his self-acquired property in the manner he chose to.<\/p>\n

Read more here\u2026<\/a><\/strong><\/p>\n

\n

Telangana High Court<\/strong><\/span><\/h3>\n

Termination of Pregnancy<\/strong><\/span><\/h4>\n

If a pregnancy extends gestation period of 24 weeks, can Constitutional Courts direct termination of pregnancy? Telangana HC explains<\/strong>\u00a0<\/strong><\/p>\n

A woman has the right to make choice to carry pregnancy, at the same time, it\u2019s her right not to carry the pregnancy, subject to conditions and restrictions enumerated under the Medical Termination of Pregnancy Act<\/p>\n

Read more here\u2026<\/a><\/strong><\/p>\n

\n

Tripura High Court<\/strong><\/span><\/h3>\n

Mob Lynch<\/span><\/h4>\n

Special Investigation Team constituted to conduct fair investigation in case of mob lynch of ST member; Court issues directions<\/strong><\/p>\n

The Division Bench of Akil Kureshi, CJ and S.G. Chattopadyay, J., decided in a petition which was filed by the wife of deceased since the police failed to make arrests of the accused persons or to include the provisions of Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter to be referred to as \u201cSC ST Act\u201d), her husband had died due to injuries caused by a violent mob with deadly weapons in an incident which took place on 22nd October 2020 and belonged to a Scheduled Tribe(ST).<\/p>\n

Read more here\u2026<\/a><\/strong><\/p>\n

S.G. Chattopadhyay, J., rejected a pre-arrest bail application which was filed apprehending arrest registered for offence punishable under sections 341 and 302 read with section 34 IPC.\u00a0<\/strong><\/p>\n

Read more here\u2026<\/a><\/strong><\/p>\n

Recruitment<\/strong><\/span><\/h4>\n

TPSC directed to act in accordance with the recommendation made by the State to fill up the post of TCS<\/strong><\/p>\n

\u00a0<\/strong>\u201c\u2026there is a vacuum in the recruitment rule as it is silent about the promotional avenues of the Chief Inspector of Food, Civil Supplies & Consumer Affairs Department, Government of Tripura. Indubitably, the post of Chief Inspector is the promotional post of Inspector.\u201d<\/p>\n

Read more here\u2026<\/a><\/strong><\/p>\n

Bandh<\/strong><\/span><\/h4>\n

Whether mere act of a bandh call and blocking of a highway would constitute the offence punishable under S. 8-B of the National Highways Act, without any element of mischief? Court analyzes<\/strong><\/p>\n

\u00a0<\/strong>\u201c\u2026the act of mischief by doing anything which renders or which a person knows to be likely to render any national highway impassable or less safe for traveling or conveying property would constitute an offence under Section 8-B. The offence of mischief is defined under Section 425 of India Penal Code. As per this provision, whoever with intent to cause or knowing that he is likely to cause wrongful loss or damage to the public or to any person, causes the destruction of any property or any such change in any property or in situation thereof as destroys or diminishes its value or utility or affects it injuriously commits mischief.\u201d<\/p>\n

Read more here\u2026<\/a><\/strong><\/p>\n

Compassionate Appointment<\/span><\/h4>\n

There is a duty to make a clean disclosure while applying for compassionate appointment; Court dismisses petition<\/strong><\/p>\n

The Division Bench of Akil Kureshi, CJ. and S.G. Chattopadhyay, J., dismissed a petition which challenged an order passed by the Central Administrative Tribunal, Guwahati, dismissing the original application.<\/p>\n

Read more here\u2026<\/a><\/strong><\/p>\n

\n

Uttaranchal High Court<\/strong><\/span><\/h3>\n

Compassionate Appointment<\/strong><\/span><\/h4>\n

Does engagement of elder brother creates any impediment in considering the claim for appointment on compassionate grounds? Court answers<\/strong><\/p>\n

Sharad Kumar Sharma, J., allowed a writ petition which was filed praying for quashing of order passed by respondent and seeking to appoint petitioner on a suitable post on compassionate grounds.<\/p>\n

Read more here\u2026<\/a><\/strong><\/p>\n

Minimum Pay Scale<\/strong><\/span><\/h4>\n

Once a concession was made by the State before the Supreme Court, the State is equally bound by the said concession; Court dismisses appeal<\/strong><\/p>\n

The Division Bench of Raghvendra Singh Chauhan, CJ. and Alok Kumar Verma, J., dismissed an appeal which was filed with the issue as to whether the petitioners were entitled to receive the minimum of the pay-scale, and the Dearness Allowance admissible to the regularly appointed employees, or not?<\/p>\n

Read more here\u2026<\/a><\/strong><\/p>\n

Article 21 of the Constitution of India<\/span><\/h4>\n

Article 21 is very precious fundamental right and should be curtailed only when it becomes imperative; Court grants anticipatory bail<\/strong><\/p>\n

Personal liberty under Article 21 of the Constitution of India is very precious fundamental right and it should be curtailed only when it becomes imperative according to the peculiar facts and circumstances of the case.<\/p>\n

Read more here\u2026<\/a><\/strong><\/p>\n

Narcotics Drugs and Psychotropic Substances Act<\/span><\/h4>\n

Bail granted in Narcotic Drugs and Psychotropic Substances Act, 1985 case; Court differentiates possession of small quantity from commercial quantity<\/strong><\/p>\n

Refusal of bail is a restriction on the personal liberty of an individual, guaranteed under Article 21 of the Constitution of India. The object of keeping the accused person in detention during the investigation is not punishment. The main purpose is manifestly to secure the attendance of the accused.<\/p>\n

Read more here\u2026<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

Here\u2019s a short recap of what we covered under the High Court\u2019s section on the SCC Online Blog for the month of October.<\/p>\n","protected":false},"author":8808,"featured_media":256618,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[46069,45673],"tags":[11801,46876,29785,42834,45675,47698],"class_list":["post-256612","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-high-court-round-up","category-columns-for-roundup","tag-high-court","tag-high-courts-roundup","tag-law","tag-legal-news","tag-legal-roundup","tag-october"],"yoast_head":"\nHigh Courts Monthly RoundUp -- October 2021 | SCC Times<\/title>\n<meta name=\"description\" content=\"High Courts Monthly RoundUp -- October 2021\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" 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