{"id":294877,"date":"2023-06-18T15:00:58","date_gmt":"2023-06-18T09:30:58","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=294877"},"modified":"2023-06-18T12:13:08","modified_gmt":"2023-06-18T06:43:08","slug":"weekly-legal-roundup-high-courts-in-june-2023-legal-news-updates","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2023\/06\/18\/weekly-legal-roundup-high-courts-in-june-2023-legal-news-updates\/","title":{"rendered":"HIGH COURT JUNE 2023 WEEKLY ROUNDUP| Stories on Jeeva murder case; Look out circulars; M3M India PMLA Case; Modi-Adani love affair remark case; Uttarakhand Communal Tensions and more"},"content":{"rendered":"
\n

Allahabad High Court<\/p>\n

Allahabad High Court puts interim stay on telecast of Al Jazeera documentary ‘India: Who lit the Fuse'<\/p>\n

In a Public Interest Litigation (‘PIL'), filed by a social activist to restrain Al Jazeera Media Network Private Ltd., a news channel based in Doha (Qatar) having presence in India, from telecasting\/broadcasting\/releasing in India the film\/documentary titled as “India: Who lit the Fuse?” (‘Film'), the division bench of Ashwani Kumar Mishra and Ashutosh Srivastava, JJ. after considering the evil consequences that are likely to occur on the telecast\/broadcast of film, the Court viewed that the broadcast\/telecast of the film be deferred, pending consideration of the cause in the present petition. Read more<\/a><\/p>\n

[Sudhir Kumar v Union of India<\/span>]<\/p>\n

Read why Allahabad High Court refused to transfer investigation to CBI in Gangster Sanjeev Maheshwari Jeeva murder case<\/p>\n

In a Public Interest Litigation (‘PIL'), expressing concern about the shooting of Gangster Sanjeev Maheshwari Jeeva, who was under-trial and was murdered during Court hours, allegedly just in front of the Court room, the division bench of Devendra Kumar Upadhyaya and Jaspreet Singh, JJ. after noting that the incident had occurred on 07-06-2023 and a First Information Report (‘FIR') in relation to the said incident was lodged on the same day and a Special Investigation Team has been constituted which comprises of higher-level Police Officers, said that there is no reason, at this juncture, to believe that investigation of the reported crime will not proceed appropriately and in the right direction. Thus, disposed of the petition. Read more<\/a><\/p>\n

[Moti Lal Yadav v. State of U.P<\/span>]<\/p>\n

Allahabad High Court refuses to quash FIR against Youth Congress leader over his ‘love affair' remark against Modi and Adani<\/p>\n

In a writ petition filed by the Secretary of UP Youth Congress, Sachin Chaudhary, seeking quashing of First Information Report (‘FIR’) for the offences under Sections 153-A<\/a>, 505(2)<\/a>, 504<\/a> of the Penal Code, 1860<\/a> (‘IPC’), the division bench of Anjani Kumar Mishra and Nand Prabha Shukla, JJ. refused to quash the FIR filed against him over his alleged remark concerning to the “love affair” between the Prime Minister of India, Narendra Modi and Founder of Adani Group, Gautam Adani. Read more<\/a><\/p>\n

[Sachin Chaudhary v State of U.P<\/span>]<\/p>\n

Read why Allahabad High Court directed Trial Court to provide legible copies as per S.207 CrPC to Congress MP Randeep Singh Surjewala<\/p>\n

In a petition filed by Indian politician Randeep Singh Surjewala, as his application for providing legible copy of the chargesheet including the documents relied upon in compliance of the provisions of Section 207<\/a> of the Code of Criminal Procedure, 1973<\/a> (‘CrPC'), has been rejected by the court concerned, Vikram D. Chauhan, J. directed the Trial Court to provide the copy of all the legible documents as per Section 207 CrPC within seven days to Randeep Singh Surjewala. Further, allowed him to file discharge application within the next seven days. Read more<\/a><\/p>\n

[Randeep Singh Surjewala v State of UP<\/span>]<\/p>\n

Custody cannot be determined by weighing economic circumstances of parties; Allahabad High Court grants custody to father<\/p>\n

In a habeas corpus petition filed by the mother to handover the custody of her minor children and to issue directions to the respondents for making necessary provisions for interaction and conversations between the mother and the minor children immediately and during pendency of the present writ petition by mode of voice and video calls, Shamim Ahmed, J. said that as the mother herself had consented for admission of the children in India, it is clear that the mother was well aware of the custody of children, who are with their father in India, thus it cannot be said that it was an illegal custody \/ detention. Read more<\/a><\/a><\/p>\n

[Mirah Pandey v State of UP<\/span>]<\/p>\n

Bombay High Court<\/p>\n

[Loan Disbursement] If one signing authority exonerated; the other cannot be held liable: Bombay High Court<\/p>\n

In a writ seeking to quash and set aside order dated 14-1-2016 passed in Revision Application under Section 154 of Maharashtra Co-operative Societies, Act 1960 (1960 Act), which exonerated culpability and liability of member of Managing Committee of the Society for loan disbursement of a person who was not a member of the Police Department, Milind N. Jadhav, J. upheld the Revisional Authority’s order and said that the entire Managing Committee must be held liable and not the member who appended his signature on the cheque. Read more<\/a><\/p>\n

[Brihanmumbai Police Karmachari Sahakari Pat Sanstha Maryadit v. State of Maharashtra<\/span>]<\/p>\n

Bombay High Court refuses relief to Atomberg Technologies for its alleged infringement of fan design of Renesa Ceiling fan<\/p>\n

A suit was filed by Atomberg Technologies Private Limited (plaintiff) seeking interim reliefs in the context of its registered design of ceiling fan named Atomberg Renesa Ceiling Fan challenging the registration of Luker Electric Technologies Private Limited (defendant’s) fan design. Manish Pitale, J., held that the plaintiff has failed to make out its case for claiming infringement of its proprietary rights and the plaintiff has not been able to make out that ‘something more’, as required under law, to successfully claim interim reliefs against the defendants, even on the aspect of passing off. Read more<\/a> <\/p>\n

[Atomberg Technologies Private Limited v Luker Electric Technologies Private Limited<\/span>]<\/p>\n

Bombay High Court questions State regulations debarring non-science 10th student from pursuing 12th in science stream.<\/p>\n

In a writ petition filed by a 17-year-old student whose educational career and future allegedly suffered due to Maharashtra State Board of Secondary and Higher Education (‘the Board') and Gargi Junior College debarring him while refusing to issue marksheet for Class 12 Science stream, just because he completed his Class 10 without science subjects, the Division Bench of G.S. Patel* and Neela Gokhale, JJ. granted ad-interim relief to the petitioner and directed the authorities to issue the marksheet and certificate for Class 12 HSC Examination 2023. Read more<\/a><\/p>\n

[Krish Rajendra Chordiya v. State of Maharashtra<\/span>]<\/p>\n

“Animals cannot speak, but they have emotions and feelings akin to humans”; Bombay High Court refuses custody of seized cattle to owners<\/p>\n

In twin writ petitions filed under Article 227<\/a> of Constitution of India<\/a> challenging order dated 23-8-2022 passed by Additional Sessions Judge dismissing revision applications against rejection of handing over custody of seized animals for offences punishable under Section 11(1)(d)<\/a> of the Prevention of Cruelty to Animals Act, 1960<\/a> (1960 Act), Sections 66<\/a> and 192<\/a> of the Motor Vehicles Act, 1988<\/a> (MV Act), G.A. Sanap, J. dismissed the instant petition while directing the authorities to keep a check on maintenance, upkeep and protection of the animals while being in interim custody of Maa Foundation Goushala. Read more<\/a><\/p>\n

[X v. State of Maharashtra<\/span>]<\/p>\n

JJ Act recognises a Single Parent to be eligible for being an Adoptive Parent; Bombay High Court allows single working women to Adopt a Child<\/p>\n

While hearing a civil revision application filed by a prospective adoptive parent (‘applicant') and biological parents of a minor child under Section 102<\/a> of the Juvenile Justice (Care and Protection of Children) Act 2015<\/a>, (‘the JJ Act') challenging the Order of the District Court, Bhusawal, wherein the application for the adoption of the minor child was rejected, the Single Judge Bench of Gauri Godse J., allowed the applicants revision application and allowed the Single prospective adoptive parent to adopt the minor child. Read more<\/a><\/p>\n

[Shabnamjahan v. State of Maharashtra, 2023 SCC OnLine Bom 790<\/a><\/span>]<\/p>\n

Calcutta High Court<\/p>\n

Income Tax| Power of reopening of assessment should be sparingly used for adequate reason: Calcutta High Court<\/p>\n

A Division Bench comprising of T.S. Sivagnanam*, CJ., and Hiranmay Bhattacharyya, J., held that the opportunity afforded the petitioner at the first instance to file reply to the Show Cause Notice was not an effective opportunity, therefore, there was a violation of principles of natural justice. Read more<\/a><\/p>\n

[Pramod Kumar Madhogarhia v. Union of India<\/span>]<\/p>\n

“Only ex facie invalidity of an agreement can be a ground for refusal of reference”; Calcutta High Court allows Section 11 application<\/p>\n

While allowing the present application preferred under S. 11<\/a> of the Arbitration and Conciliation Act, 1996<\/a> (the Act, 1996) for the appointment of the arbitrators, a single bench comprising of Sabyasachi Bhattacharyya,* J., held that the existence of an arbitral clause in the MOU entered into between the parties, left no scope of refusal to refer the matter to arbitration before this Court. Read more<\/a><\/p>\n

[Chandan Chatterjee v. Gita Sundararaman<\/span>]<\/p>\n

Look out Circulars not to be issued in absence of acceptable apprehension: Calcutta High Court<\/p>\n

A single bench comprising of Moushumi Bhattacharya*, J., held that banks cannot issue LOC in an indiscriminate manner just because few persons have defrauded and fled from India. Read more<\/a><\/p>\n

[Mannoj Kumar Jain v. Union of India<\/span>]<\/p>\n

Delhi High Court<\/p>\n

[NUTELLA\/KINDER v. KINDTELLA] Delhi High Court restrains Kamco Chew Foods from using marks ‘COKOTELLA', ‘KINDTELLA' and ‘MYTELLA'<\/p>\n

A Single Judge Bench of C. Hari Shankar, J.* noted that the manner of representation of the label with the defendants' impugned product, where the unique manner of representation with first letter in black and the rest of the letters in the word in red colour was identical to the plaintiff's product and thus, opined that a prima facie case of infringement and passing off was made out and therefore, till the next date of hearing, the Court restrained the defendants from manufacturing, marketing, making available for sale, selling, and dealing in any manner whatsoever in the impugned products i.e., impugned products, ‘COKOTELLA', ‘KINDTELLA' and ‘MYTELLA' or any other deceptively similar mark or product not emanating from the plaintiffs' or their authorized distributors and having identical or deceptively similar features of the plaintiffs' trade marks NUTELLA and KINDER. Read more<\/a><\/p>\n

[Ferrero Spa v. Kamco Chew Food (P) Ltd<\/span>]<\/p>\n

Pruning of trees not permitted in Delhi except in accordance with Delhi Preservation of Trees Act: Delhi High Court<\/p>\n

A Single Judge Bench of Najmi Waziri, J.* observed that under the Delhi Preservation of Trees Act, 1994 (‘DPT Act'), there was no sanction for the 15.7 cms girth of a tree branch to be cut and thus opined that this figure was incongruous with the statutory requirements as mandated under Sections 8 and 9 of the DPT Act. The Court further had set aside the Guidelines for Pruning of Trees dated 1-10-2019 (‘Guidelines') that permitted regular pruning of branches of trees with girth up to 15.7 cm without specific prior permission of the Tree Officer. Lastly, the Court had held that no pruning of trees would be permitted in Delhi except in accordance with the DPT Act. Read more<\/a><\/p>\n

[Sanjeev Bagai v. Department of Environment, NCT of Delhi<\/span>]<\/p>\n

Dragging a child in litigation driven by commercial interest between two competing coaching institutions cannot be permitted; Delhi High Court refuses relief to Fitjee Limited<\/p>\n

A suit was filed by Fitjee Limited (plaintiff), seeking a declaration, permanent and mandatory injunction declaring that defendant 6 has excelled in the Joint Entrance Examination (Main) 2023 (“JEE Mains”) due to the coaching imparted by the plaintiff from May 2019 to October 2022. Chandra Dhari Singh, J., refuses relief to the plaintiff as prayed as there is only an apprehension that the defendants may claim the credit without any substantial and strong case presented on behalf of the plaintiff. Read more<\/a><\/p>\n

[Fitjee Limited v Allen Education and Management Services Private Limited<\/span>]<\/p>\n

Delhi High Court sets aside arbitral award passed by Arbitrator having de jure inability to pass the award<\/p>\n

A petition was filed by Man Industries (India) Limited (petitioner) under Section 34<\/a> of the Arbitration and Conciliation Act, 1996<\/a> challenging the Arbitral Award dated 03-02-2018 passed by the Sole Arbitrator adjudicating the disputes that had arisen between the parties in relation to the Purchase Order dated 08-08-2013 placed by Indian Oil Corporation Limited, (‘respondent') on the petitioner for line pipes for debottlenecking Salya-Mathura Pipeline. Navin Chawla, J., sets aside the award and held that the Arbitrator was de jure ineligible to act as such and the Award passed by the learned Arbitrator is void and unenforceable. Read more<\/a><\/p>\n

[Man Industries (India) Limited v. Indian Oil Corporation<\/span>]<\/p>\n

Delhi High Court enhances compensation from Rs 50,000 to Rs. 1,50,000 for illegal termination of ‘workman'<\/p>\n

A petition was filed under Article 226 by the National Institute of Immunology (petitioner) assailing the validity of the award dated 09-12-2002 (‘impugned award') passed by the Labour Court, adjudicated the terms of reference in favour of the workman holding that the National Institute of Immunology (‘management') illegally terminated the service of the workman, thereby granting a lumpsum compensation of Rs.50,000. Gaurang Kanth, J., modified the award passed by Labour Court from Rs 50,000 to 1,50,000 to meet the ends of justice as the termination was illegal being in violation of Section 25-F<\/a> of Industrial Disputes Act, 1947<\/a>. Read more<\/a><\/p>\n

[National Institute of Immunology v Vinod Kumar Gupta, 2023 SCC OnLine Del 3557<\/a><\/span>]<\/p>\n

Delhi High Court grants anticipatory bail to nephew and brother of Director of M3M India in PMLA Case<\/p>\n

In a case wherein the applicant had approached this Court seeking anticipatory bail since the applicant apprehended his arrest in connection with a Enforcement Case Information Report (‘ECIR) registered by the Enforcement Directorate (‘ED') under Sections 3<\/a> and 4<\/a> of the Prevention of Money-Laundering Act, 2002<\/a> (‘PMLA Act'), a Single Judge Bench of Chandra Dhari Singh, J.* noted that the applicant had not yet been implicated in any Scheduled Offences as provided under the PMLA and in fact, the ECIR did not even find mention of the name of the applicant or any of the M3M Companies. Read more<\/a><\/p>\n

[Pankaj Bansal v. State (NCT of Delhi)<\/span>]<\/p>\n

[Kent Cables v. Kent RO] Delhi High Court permanently restrains Kent RO from selling fans under ‘KENT' mark<\/p>\n

A Single Judge Bench of Jyoti Singh, J.* opined that permitting Kent RO Systems Ltd. (‘Kent RO'), who had not been in the business of fans, to launch fans at this stage would prima facie lead to confusion amongst the potential customers of fans apart from diverting the clientele of Kent Cables (P) Ltd. (‘Kent Cables') and causing loss and injury and the confusion would be pronounced by the use of identical trade mark ‘KENT' by rival parties. Thus, the Court permanently restrained Kent RO from manufacturing and selling fans under ‘KENT' mark and dismissed the application filed by Kent RO for restraining Kent Cables from selling fans. Read more<\/a><\/p>\n

[Kent Cables (P) Ltd. v. Kent RO Systems Ltd., 2023 SCC OnLine Del 3288<\/a><\/span>]<\/p>\n

Gauhati High Court<\/p>\n

Gauhati HC answers whether extraordinary jurisdiction under Art 226 of the Constitution can be invoked for trivial causes<\/p>\n

While dismissing a writ petition filed for reassessment of the Assam High School Board Examination, a Single Judge Bench of Sanjay Kumar Medhi J. opined that the extraordinary jurisdiction under Article 226<\/a> of the Constitution<\/a> cannot be invoked for resolution of each and every dispute. Read more<\/a><\/p>\n

[Hilal Udin Tapadar v. State of Assam, 2023 SCC OnLine Gau 1889<\/a><\/span>]<\/p>\n

Gujarat High Court<\/p>\n

Being an Indian citizen, he made all attempts to destabilize peace in the society by making derogatory posts against PM Modi'; Gujarat HC denies bail<\/p>\n

In an application under Section 439 of the Code of Criminal Procedure, 1973, wherein the applicant was seeking regular bail for allegedly making derogatory posts on Facebook insulting Prime Minister Narendra Modi and his mother, the Single Judge Bench of Nirzar S. Desai, J., dismissed the application and said that that if such person is granted bail, there are all the chances that he may commit such offence once again by using another name and by creating fake IDs and a person may like or dislike any person, but it does not mean that he may start using derogatory and abusive language against Prime Minister of the Country and his late mother. Read more<\/a><\/p>\n

[Afsal bhai Kasambhai Lakhani v. State of Gujarat<\/span>]<\/p>\n

Gujarat High Court allows Termination of 20 weeks of Pregnancy of Minor Rape Survivor.<\/p>\n

In a special criminal application, wherein the father (‘petitioner’) of 17-years-old minor rape survivor was seeking termination of pregnancy of over 20 weeks of his minor daughter, Single Judge Bench of Samir J. Dave, J., allowed for the medical termination of the pregnancy of the minor girl with all due care and precautions. Read more<\/a><\/p>\n

[XYZ v. State of Gujarat<\/span>]<\/p>\n

[Gujarat Wind-Solar Hybrid Power Policy] Gujarat HC issues Notice to Energy and Petrochemicals Department in Extension of Policy case<\/p>\n

In a civil application by Distributed Solar Power Association (‘petitioner'), wherein the petitioner was seeking 52 days extension of the operative period of the Gujarat Wind-Solar Hybrid Power Policy, 2018 (‘policy') which is set to expire on 19-06-2023, the Single Judge Bench of Vaibhavi D. Nanavati, J., issued notice to the Energy and Petrochemicals Department, Government of Gujarat. Read more<\/a><\/p>\n

[Distributed Solar Power Association v. Energy and Petrochemicals Department, Government of Gujarat<\/span>]<\/p>\n

Karnataka High Court<\/p>\n

Family Court can't deny relief in cases of dissolution of marriage based on mutual consent, on the ground that spouses are living under same roof: Karnataka HC<\/p>\n

The single Judge Bench of Krishna S. Dixit, J.*, tackled a scenario wherein the Family Court had denied the claim of an estranged couple for dissolution of their marriage on basis of mutual consent, on the ground that the spouses are residing under the same roof. Read more<\/a><\/p>\n

[Divya Ganesh Nallur v. Nil<\/span>]<\/p>\n

“Cannot chant ‘bail is rule, jail is exception' like a slogan in every bail petition, especially for heinous offences under UAPA”: Karnataka High Court<\/p>\n

While hearing the instant appeal challenging the order of the Addl. City Civil & Session Judge (Special Court for NIA cases) denying bail to the accused, the Division Bench of Krishna S. Dixit* and Pradeep Singh Yerur, JJ., keeping in mind the sanctity of human rights as recognized by the Supreme Court in the light of constitutional guarantees and possible societal implications of the accused being released from confinement, were of view that cause of justice would be served more by keeping the accused in confinement. The Court observed that norms like “Bail is rule, Jail is exception” cannot be chanted like a mantra or slogan in every bail petition out of the contextual circumstance. Read more<\/a><\/p>\n

[Imran Ahmad v. NIA<\/span>]<\/p>\n

[Relief for Samsung India] Karnataka HC quashes complaint on alleged violation of Legal Metrology Act and Packaged Commodities Rules<\/p>\n

While deciding the petition filed by Samsung India seeking to quash the proceedings against it for violation of provisions under Legal Metrology (Numeration) Rules, 2011, Legal Metrology (Packaged Commodities) Rules, 2011 and Legal Metrology Act, 2009, the bench of Sachin Shankar Magadum, J.*, held that the offences indicated by the Inspector, Department of Legal Metrology are applicable to retail packages and not to wholesale packages and therefore, on meticulous examination of the allegations, it was clearly evident that the complaint is tainted with malafides. The Court also held that the impugned complaint has grossly misinterpreted the provisions 2009 Act and Packaged Commodities Rules, 2011. Read more<\/a><\/p>\n

[Samsung India Electronics Pvt. Ltd. v. State of Karnataka<\/span>]<\/p>\n

Kerala High Court<\/p>\n

[Section 36A(4) of NDPS Act] Extension of Time Limit for Filing Chargesheet in NDPS Act, illegal if accused not duly informed: Kerala High Court reiterates<\/p>\n

In a petition under Section 482<\/a> of Criminal Procedure Code, 1973<\/a> (‘CrPC') challenging order dated 23-3-2023 passed by the Additional Sessions Judge allowing application under Section 36-A(4)<\/a> of the Narcotic Drugs and Psychotropic Substances Act, 1985<\/a> (‘NDPS Act') allowing detention of accused for another 180 days without informing the accused or his counsel to affirm information regarding pendency of such application, Raja Vijayaraghavan V. quashed the orders allowing extended detention and dismissal of bail, and released the accused on regular bail. Read more<\/a><\/p>\n

[Sabarinath v. State of Kerala<\/span>]<\/p>\n

First rape, then suicide after 6 months; Is it same transaction under Sec 220, CrPC ? Kerala High Court explains<\/p>\n

In a petition seeking to quash final report in two criminal matters, or directions to the Investigating Officer (‘IO') as an alternate to take back the final report and submission before the Special Court under POCSO Act for trying both the matters together, K. Babu, J. held that core elements of consideration including proximity of time, continuity of action, etc. were not favouring the joint trial and dismissed the petition. Read more<\/a><\/p>\n

[Jithin P. v. State of Kerala, 2023 SCC OnLine Ker 3906<\/a><\/span>]<\/p>\n

[Cheating] Kerala High Court grants interim relief to Congress MP K. Sudhakaran<\/p>\n

In an application under Section 438 of Criminal Procedure Code, 1973 (‘CrPC’) seeking anticipatory bail for Indian National Congress leader and Member of Parliament, K. Sudhakaran for offence under Section 420 of Penal Code, 1860 (‘IPC’), Ziyad Rahman A.A., J. granted interim protection to Sudhakaran against any coercive proceedings. Read more<\/a><\/p>\n

[K. Sudhakaran v. State of Kerala<\/span>]<\/p>\n

Kerala High Court directs State Bar Council to accept advocates enrollment fee of Rs 750<\/p>\n

In a writ appeal seeking stay on operation and implementation of order dated 15-02-2023 which directed the Kerala Bar Council to accept petitioner’s enrollment application with a fee of Rs 750 only, S.V.N. Bhatti, CJ and Basant Balaji, J. directed the Bar Council of Kerala to accept enrollment fee of Rs 750 from all the aspirants seeking enrollment as an advocate to avoid individual cases seeking reduction of fees. Read more<\/a><\/p>\n

[Bar Council of Kerala v. Akshai M. Sivan<\/span>]<\/p>\n

Live-in partner cannot claim divorce as live-in relationships are not recognized as marriage in India: Kerala High Court<\/p>\n

In a matrimonial appeal challenging dismissal of divorce petition by the Family Court due to marriage not being solemnized under the Special Marriage Act, 1954, the Division Bench of A. Muhamed Mustaque* and Sophy Thomas, JJ. held that the Family Court ought not to have entertained the matter in the first place and directed the Family Court to return the Original Petition on the ground of maintainability since the appellants in the instant matter only entered a registered agreement and started living together. Read more<\/a><\/p>\n

[X v. Nil<\/span>]<\/p>\n

Madras High Court<\/p>\n

Madras High Court sets aside Notification banning import of dogs for commercial activities as it lacks scientific study and due diligence<\/p>\n

In awrit petition filed by the Kennel Club of India (‘KCI') and the Madras Canine Club (‘MCC') (‘petitioners') for quashing the notification dated 25-04-2016 and further to direct the Union Government and Director General of Foreign Trade (‘DGFT')n ot to prevent dog lovers from lawfully importing dogs into India for dog shows, as pets and for breeding, Dr. Anita Sumanth, J. held that the impugned Notifications have no legs to stand as it has been issued without necessary scientific study and due diligence as called for. Thus, the Cout set aside the same. Read more<\/a><\/p>\n

[The Kennel Club of India v Union of India<\/span>]<\/p>\n

[Medical Negligence] ‘High Court cannot act as an expert body with reference to medical terminology'; Madras High Court dismisses petition seeking compensation<\/p>\n

While dismissing a writ petition seeking compensation for medical negligence, a Single Judge Bench of S.M. Subramaniam J., held that the nature of treatment provided to the mother and child cannot be questioned in a writ proceeding and High Court cannot act as an expert body with reference to medical terminology. Read more<\/a><\/p>\n

[K. Mubeena Banu v. Tamil Nadu Health & Family Welfare Department<\/span>]<\/p>\n

Meghalaya High Court<\/p>\n

Fight over a Cat] Meghalaya HC discharges Son-in-law from Attempt to Murder of Father-in-Law<\/p>\n

In a criminal petition filed under Section 482 Code of Criminal Procedure, 1973 (‘CrPC') with the prayer for the exercise of the inherent powers of the Court to quash the proceedings against the petitioner under Section 307 of the Penal Code, 1860 (‘IPC'), the Single Judge Bench of W. Diengdoh, J. allowed the petition and discharged the petitioner from the said liabilities, quashing the FIR filed against the petitioner under Section 307. Read more<\/a><\/p>\n

[Shri Khrir Lyngkhoi v. State of Meghalaya<\/span>]<\/p>\n

Orissa High Court<\/p>\n

‘PIL must be used as an effective weapon in armory of law for delivering social justice to the citizens'; Orissa HC dismisses petition challenging Rs. 2000 Notes Exchange.<\/p>\n

In a writ petition under Article 226 of the Constitution of India in the form of Public Interest Litigation (‘PIL') wherein the petitioner challenged the notification of the Reserve Bank of India dated 19-05-2023 for exchange of Rs. 2000 Bank notes, the Division Bench of S.K. Sahoo, J. and Murahari Shri Raman, J. dismissed the petition calling it a publicity interest litigation in the garb of public interest. Read more<\/a><\/p>\n

[Smt. Jayanti Das v. Union of India<\/span>]<\/p>\n

[Alarnatha Temple] Orissa HC directs separate arrangements for early darshan by old, physically disabled and women.<\/p>\n

In a civil Writ Petition by way of Public Interest Litigation to issue any appropriate writ or direction\/command for proper crowd management, arrangement of Darshan from Argali (Space connected to narrow strip to Sanctum Sanctorum (Garbhagriha) of Lord Allarnath), the Division Bench of S.K. Sahoo and M.S. Raman, JJ. gave a slew of directions to the District Administration of the Temple for the smooth and peaceful darshan of the deity by the devotees. Read more<\/a><\/p>\n

[Madhusudan Pujapanda v. State of Odisha<\/span>]<\/p>\n

Punjab and Haryana High Court<\/p>\n

Person of Muslim Community not entitled to SC Certificate: Punjab and Haryana High Court while upholding Assistant Professor's removal from service<\/p>\n

In a petition filed under Article 226<\/a>\/227<\/a> of the Constitution<\/a> of India seeking to set aside the order dated 28-07-2017 according to which the petitioner was removed from service of Assistant Professor under the Self-Financing Scheme(‘SFS'), Jaishree Thakur, J., dismissed the petition as the petitioner was not entitled to benefit of SC category, being a person of Muslim religion. Read more<\/a><\/p>\n

[Abid Ali v. State of Haryana<\/span>]<\/p>\n

Rajasthan High Court<\/p>\n

DNA Paternity test cannot be allowed in routine manner, can only be permitted in exceptional circumstances; Rajasthan High Court reiterates.<\/p>\n

In a writ petition filed by Husband (‘petitioner') seeking to set aside the order passed by the Family Court , wherein the Court allowed the application filed by him under Order 6 Rule 17<\/a> with Section 151<\/a> of Code of Civil Procedure (‘CPC'), 1908<\/a>, Pushpendra Singh Bhati, J. reiterated that for protecting the best interest of the child, the DNA Paternity test cannot be allowed in a routine manner, and that the same can only be permitted in exceptional circumstances. Thus, the Court dismissed the petition and said that the husband cannot take the undue advantage of DNA test on child to prove wife's adultery. Read more<\/a><\/p>\n

[X v Y<\/span>]<\/p>\n

Uttaranchal High Court<\/p>\n

[Uttarakhand Communal Tensions] Paramount duty of State to ensure that law, order and peace is maintained in the State: Uttaranchal HC<\/p>\n

While hearing a Public Interest Litigation (‘PIL’) petition, wherein directions were sought to the State (‘respondent-State’) to prevent outbreak of communal violence in Village Purola, Uttarkashi, the Division Bench comprising of Vipin Sanghi C.J. and Rakesh Thapliyal, J., directed the State to ensure that law and Order is maintained in the State. Read more<\/a><\/p>\n

[Association For Protection of Civil Right v. State of Uttarakhand<\/span>]<\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

A quick legal roundup to cover important stories from all High Courts this week.<\/p>\n","protected":false},"author":67512,"featured_media":294896,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[46069,45673],"tags":[2822,2569,2689,2543,25464,3096,49584,58607,58603,28334,2523,45675,58604,58605,2567,2833,58606,37146,2670,2575,58546,35263,45676],"class_list":["post-294877","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-high-court-round-up","category-columns-for-roundup","tag-Allahabad_High_Court","tag-Bombay_High_Court","tag-Calcutta_High_Court","tag-Delhi_High_Court","tag-gauhati-high-court","tag-Gujarat_High_Court","tag-high-court-roundup","tag-high-courts-weekly-roundup-june","tag-jeeva-murder-case","tag-karnataka-high-court","tag-Kerala_High_Court","tag-legal-roundup","tag-look-out-circulars","tag-m3m-india-pmla-case","tag-Madras_High_Court","tag-Meghalaya_High_Court","tag-modi-adani-love-affair-remark-case","tag-orissa-high-court","tag-Punjab_and_Haryana_High_Court","tag-Rajasthan_High_Court","tag-uttarakhand-communal-tensions","tag-uttaranchal-high-court","tag-weekly-roundup"],"yoast_head":"\nHigh Court Weekly legal roundup June 2023 | SCC Blog<\/title>\n<meta name=\"description\" content=\"Weekly Roundup of High Courts for June 2023 covering stories on and more.\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.scconline.com\/blog\/post\/2023\/06\/18\/weekly-legal-roundup-high-courts-in-june-2023-legal-news-updates\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"HIGH COURT JUNE 2023 WEEKLY ROUNDUP| Stories on Jeeva murder case; 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