{"id":324944,"date":"2024-06-23T14:00:42","date_gmt":"2024-06-23T08:30:42","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=324944"},"modified":"2024-06-23T15:33:54","modified_gmt":"2024-06-23T10:03:54","slug":"high-court-weekly-round-up-june-2024-legal-news","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2024\/06\/23\/high-court-weekly-round-up-june-2024-legal-news\/","title":{"rendered":"HIGH COURT JUNE 2024 WEEKLY ROUNDUP| Stories on NEET-UG; Video of Arvind Kejriwal\u2019s Court Proceedings; Bhavani Revanna’s Bail; IPR; and more"},"content":{"rendered":"
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ALLAHABAD HIGH COURT<\/p>\n

‘Merely because deceased was in obligation under S. 131 of MV Act to be vigilant, does not absolve Railways from liability’: Allahabad HC remands matter to MACT<\/p>\n

In an appeal challenging the order passed by the Motor Accident Claims Tribunal, whereby claim petition filed by the appellants has been rejected on the ground that the appellants failed to prove any negligence on the part of Respondent 3, Manjive Shukla , J. has said that the issue in question is in respect of negligence on the part of Railways and therefore, merely because deceased was in obligation under Section 131<\/a> of the Motor Vehicles Act, 1988<\/a> (‘MV Act’), to be vigilant, does not absolve the Railways from its liability. Read more<\/b><\/a><\/p>\n

Candidate claiming compassionate appointment cannot be given second chance to qualify physical efficiency test after failing it once: Allahabad HC<\/p>\n

In an intra-Court appeal filed under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952 (‘Rules, 1952’) challenging the legality and validity of the judgment and order dated passed by the Single Judge, wherein the Court has accorded a last opportunity to the respondent to clear the physical efficiency test within a period of 30 days and even if she fails, suitable appointment on compassionate basis shall be accorded to her, the division bench of Mahesh Chandra Tripathi and Anish Kumar Gupta, JJ. said that no relaxation in physical examination is accorded even to the direct recruitees and if they do not complete the race in the specific time, they are not selected. Read more<\/b><\/a><\/p>\n

‘Sorry state of affairs that NEET UG Aspirant filed a petition enclosing forged and fictitious documents’: Allahabad HC dismisses her plea for manual checking of OMR sheet<\/p>\n

In a writ petition filed by National Eligibility Cum Entrance Test (NEET —UG, 2024) aspirant to issue a direction to the respondent to manually check her OMR sheet , to conduct an enquiry against the respondent, to start the procedure of counselling during the pendency of the present petition in the interest of justice, Rajesh Singh Chauhan,J. has dismissed the petition after noting that the petitioner submitted forged documents in her petition, alleging the NTA failed to declare her result. Read more<\/b><\/a><\/p>\n

Kshetriya Shri Gandhi Ashram not State under Art. 12<\/a> of Constitution<\/a>: Allahabad High Court<\/p>\n

In a writ petition filed against orders passed by the Secretary, Kshetriya Shri Gandhi Ashram, Meerut (‘Ashram’) requiring the petitioner to vacate his official quarters, J.J. Munir, J. has held that the Ashram is not a State within the meaning of Article 12<\/a> of the Constitution<\/a>, and that there is no violation of a public duty or public obligation, cast upon the Ashram to make it amenable to the writ jurisdiction of this Court under Article 226<\/a> of the Constitution<\/a>. Read more<\/b><\/a><\/p>\n

Allahabad HC quashes criminal proceedings against all 28 accused of violating Covid guidelines and chanting anti-police slogans while holding candle march in 2021<\/p>\n

In an application filed under Section 482<\/a> of the Code of Criminal Procedure, 1973<\/a> (‘CrPC’), praying for a stay on the cognizance and summoning order of the Court of Civil Judge, Shamim Ahmed, J., has quashed the impugned orders and criminal proceedings against all the 28 accused persons, and said that the investigation done by the police in this case is without jurisdiction and based on such invalid investigation report, the cognizance taken by the Magistrate is also illegal. Read more<\/b><\/a><\/p>\n

BOMBAY HIGH COURT<\/p>\n

“Bar contained in S. 197, CrPC cannot be read into the provisions of a special legislation like SC\/ST Atrocities Act”: Bombay HC<\/p>\n

In a criminal writ petition before the Court filed by a Government Medical Officer, against the sanction order contained under Section 197<\/a> of the Code of Criminal Procedure, 1973<\/a> (“CrPC”), denying sanction for prosecution of the petitioner’s colleagues for offences punishable under Sections 506<\/a> and 509<\/a> of the Penal Code, 1860<\/a> (“IPC”), and Section 3 of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (“SC\/ST Atrocities Act”), the Division Bench of Mangesh S Patil* Shailesh P Brahme, JJ., partly allowed the petition and upheld the refusal to sanction prosecution under S. 197, CrPC. The Court held that no previous sanction as contemplated under Section 197 CrPC would be necessary for investigating and filing final report for offences under Section 509 IPC and Section 3 of the SC\/ST Atrocities Act. The Court also clarified that a bar contained in Section 197, CrPC cannot be read into the provisions of the Atrocities Act which does not contain any such condition precedent. Read more<\/b><\/a><\/p>\n

Bombay HC permits slaughtering of animals for Bakri Eid and Urus in the protected area around Vishalgad Fort<\/p>\n

In the present case, various writ petitions were filed, challenging various communications issued by the Director of Archaeology and Museums, Bombay, the Superintendent of Police, Kolhapur and the Chief Executive Officer Zilla Parishad, Kolhapur, wherein these communications sought to ban slaughtering of animals and birds at Vishalgad, Taluka Sahuwadi, District Kolhapur. The Division Bench of B.P. Colabawalla and Firdosh P. Pooniwalla, JJ., opined that for the festival of Bakri Eid, on 17-06-2024, and Urus which was till 21-06-2024, the slaughtering of animals by the petitioners could be permitted. However, the Court clarified that the actual killing or sacrifices of animals or birds shall only take place in the closed premises at Gat No. 19 which was a private land owned by Mubarak Usman Mujawar. Read more<\/b><\/a><\/p>\n

Bombay HC grants interim relief to Pidilite Industries Ltd.; restrains Dubond Products India Pvt. Ltd. from using marks “LW” and “LW+”<\/p>\n

The plaintiff sought an order of injunction restraining the defendant from infringing its “LW” and “LW+” registered trade marks and for which necessary relief had been sought viz. for injunction restraining infringement of trade mark, copyright, and passing off of the plaintiff’s registered trade marks by the impugned marks of the defendant viz. LW with or without the marks HYDROBUILD or HYDROTITE and\/or Power. R.I. Chagla, J., opined that the defendant’s use of the impugned mark “LW” with “HYDROBUILD POWER” and\/or “HYDROBUILD” incorporated therein, would prima facie amount to an infringement of the plaintiff’s registered trade mark “LW” as the impugned marks had encompassed the whole of the plaintiff’s “LW” mark. Thus, the Court restrained the defendant from using the plaintiff’s marks “LW” and “LW+”. Read more<\/b><\/a><\/p>\n

Bombay HC acquits man convicted of murdering wife and infant son in view of the inconsistent testimonies given by the prosecution’s star witnesses<\/p>\n

The instant appeal filed by the convict, challenged the judgment and order of the Additional Sessions Judge, Khed-Rajgurunagar, Pune, (“Trial Court”) convicting him of offences under Sections 302<\/a> and 201<\/a> of the Penal Code, 1860<\/a> (“IPC”), and sentencing him to undergo rigorous imprisonment for life and fine, for the murder of his wife and younger son. The Division Bench of AS Gadkari* and Shyam C Chandak, JJ., noted that the two star witnesses of the prosecution had given inconsistent and contradictory testimonies with respect to the persons accompanying the convict and the deceased on the day of the incident. Therefore, affording the convict the benefit of doubt, and Court set aside the impugned judgment and order, and acquitted the convict on all charges, directing his immediate release from incarceration. Read more<\/b><\/a><\/p>\n

Wife in vegetative state aggrieved by reduction of medical maintenance amount; Bombay HC directs Appellate Court to decide the matter expeditiously<\/p>\n

In a petition before the single-Judge Bench of Sharmila U Deshmukh, J.*, filed by the wife, who was in a vegetative state due to a medical condition, challenged the order of the Appellate Court that had substantially reduced the maintenance amount ordered by the Trial Court, and sought the direction to the husband to pay the arrears of maintenance as per the order of the Trial Court. The Court held the Appellate Court’s order was bereft of any reasoning as to the reduction of the maintenance amount and stated that since it had rejected the application filed by the husband to quash the proceedings, thus, it could not have reduced the amount of maintenance. Quashing the impugned order and noting that the appeal is pending, and the next date of hearing is in June 2024, the Appellate Court was directed to decide on the matter expeditiously considering the wife’s medical condition. Read more<\/b><\/a><\/p>\n

‘Ordinary common man will be confused’; Bombay HC grants ad-interim injunction to Glenmark Pharmaceuticals for mark “ZITA-MET” against Gleck Pharma’s mark “XIGAMET”<\/p>\n

Firdosh Pooniwalla, J., held that the ad-interim injunction sought by plaintiff, Glenmark Pharmaceuticals Ltd., in respect of defendants’, Gleck Pharma (OPC) Pvt. Ltd. mark was required to be granted as the word mark “XIGAMET” of defendant was phonetically and structurally similar to the word mark “ZITA-MET” of plaintiff and the two marks were used on medicinal products and there could be no doubt that there was a probability of confusion in respect of both these marks. Read more<\/b><\/a><\/p>\n

CALCUTTA HIGH COURT<\/p>\n

Calcutta High Court reinstates Bimal Gurung Gorkha Janamukti Morcha Leader as accused in Madan Tamang Murder Case.<\/p>\n

Two criminal revision petitions were filed by petitioners, one by Bharati Tamang, a widow of deceased Madan Tamang then-president of the All-India Gorkha League (AIGL) whose murder forms the basis of the case and other by CBI challenging the order dated 17-08-2017 passed by the Chief Judge City Sessions Court Calcutta discharging the prime accused, Bimal Gurung, a prominent figure of the Gorkha JanaMukti Morcha (GJMM) in a case registered under Sections 147, 148, 149, 427, 506 and 302 read with Section 34 and 120B of IPC. Subhendu Samanta, J., reinstated Bimal Gurung as an accused in the murder case of Madan Tamang, ordering further trial proceedings based on the grave suspicion against him arising from the evidence presented. Read more<\/b><\/a><\/p>\n

DELHI HIGH COURT<\/p>\n

Delhi High Court appoints sole arbitrator despite clause specifying two arbitrators; Upholds parties’ intention to arbitrate<\/p>\n

In a present petition filed under Section 11(6)<\/a> of the Arbitration and Conciliation Act, 1996<\/a> (A&C Act) seeking appointment of arbitration, Jasmeet Singh*, J., held that the arbitration clause was valid despite specifying an even number of arbitrator and thus appointed a sole arbitrator in accordance with the agreement between the parties. The Court noted that, ‘Arbitration clause was not invalidated merely on the ground that the numbers of arbitrators, as per the arbitration clause, were an even number.’ Read more<\/b><\/a><\/p>\n

‘Violative of Rule 3(vi) of Delhi High Court Video Conference Rules, 2021’; Delhi HC directs X, Meta, YouTube to remove audio\/video recording of Arvind Kejriwal’s Court proceedings<\/p>\n

In a Public Interest litigation filed under Articles 226<\/a> and 227<\/a> of the Constitution<\/a> seeking to direct the respondents to remove the alleged audio\/video recording of the Court proceedings dated 28-03-2024, which took place in the Court of Special Judge, CBI, Rouse Avenue Court, New Delhi, the Division Bench of Neena Bansal Krishna, and Amit Sharma, JJ., held that the Court proceeding recording was violative of Rule 3(vi) of Delhi High Court Video Conference Rules, 2021 and it cannot be permitted to remain in public domain. The Court directed he Social Media platforms namely X (formerly “Twitter”), Meta (formerly “Facebook”), Instagram and YouTube to remove forthwith the audio\/video recording from their respective platforms. Read more<\/b><\/a><\/p>\n

‘No interim injunction for appeal filed at eleventh hour’; Delhi High Court dismisses application challenging “Yakshini” video adaptation by Disney+Hotstar<\/p>\n

In an application filed for seeking temporary injunction for restraining defendant 1 and anybody on their behalf from commercializing the video adaptation in the television series of “Yakshini” on their website or on any other audio, video adaptation based substantially similar to the plaintiff’s work “Yakshini” on any other third-party media websites, Neena Bansal Krishna, J., held that the similarity of name cannot be the sole criteria, especially as it was a mythological character on which admittedly various works, movies and books are already available. Prima facie, there was nothing to reflect as copyright violation of expression of idea as asserted by the plaintiff.The Court also stated that the video series is slated to be released tonight, it cannot be said that the balance of convenience lies in favour of the plaintiff especially when the advertising about the series commenced way back from 10-05-2024. Read more<\/b><\/a><\/p>\n

‘Process for redressal of grievances for refund of amount already initiated through arbitration’; Delhi HC refuses relief under Section 9<\/a> of the Arbitration and Conciliation Act, 1996<\/a><\/p>\n

In a petition filed under Section 9<\/a> of the Arbitration and Conciliation Act, 1996<\/a> (‘Act’) seeking an ad interim order to restrain the respondents from encumbering, selling, offering of sale, alienating, disposing of, transferring in any manner, or creating any third-party interest in the office spaces located at Spectrum One, Sector-58, Golf Course Extension Road (‘subject property’), a Single Judge Bench of Neena Bansal Krishna, J., held that the petitioner had failed to make a prima facie case and was not entitled to any relief under Section 9 of the Act since there was no irreparable loss or injury to the petitioner that was apparent. Read more<\/b><\/a><\/p>\n

Delhi HC grants Rajat Sharma interim injunction against defaming video and tweets by members of All India Congress<\/p>\n

In a suit for defamation filed by journalist Rajat Sharma (plaintiff) against members of the All India Congress Committee (‘AICC’) for circulating tweets and doctored videos of him accusing him of using abusive language, Neena Bansal Krishna, J., granted ad interim injunction and ordered the videos and tweets be removed from the social media that was tarnishing the reputation of Rajat Sharma, while remarking that individual dignity and honour of a person cannot be allowed to be defamed or disrepute brought to him on the ground of Right of Free Speech and Expression. Read more<\/b><\/a><\/p>\n

Delhi High Court denies suspension of sentence of Kuldeep Singh Senger in Custodial Death Case of Unnao Rape victim’s father<\/p>\n

In an application filed by Kuldeep Singh Senger under Section 389(1)<\/a> of the Code of Criminal Procedure, 1973<\/a> (‘CrPC’) seeking the suspension of the sentence awarded to him for various serious offenses, including rape, murder, and other charges under the Penal Code, 1860<\/a> (‘IPC’) and Arms Act, 1959<\/a> during the pendency of the present appeal, a Single Judge Bench comprising of Swarana Kanta Sharma, J. dismissed the application while stating that the court was not inclined to allow the same given the antecedents of Kuldeep Singh Senger and the principles laid down by the Supreme Court in previous judgments. Read more<\/b><\/a><\/p>\n

‘Passing the buck and not addressing the queries raised’; Delhi HC directs tendering authorities and GeM Portal to address bidders’ query<\/p>\n

In the present petition filed under Article 226<\/a> of the Constitution<\/a> seeking to quash the entire bidding process dated 07-05-2024 and to direct the respondents to provide reasons for rejecting bids and to pass speaking order on the grounds for the disqualification, the Division Bench of Manmohan*, ACJ., and Manmeet Pritam Singh Arora, J., held that the petitioner having participated in the impugned tender process was entitled to know the reasons for the disqualification of their bid. Read more<\/b><\/a><\/p>\n

Delhi High Court directs Government to decide plea for conducting door-to-door survey for collection of senior citizen data<\/p>\n

In a petition filed to seek directions to respondents to conduct a door-to-door survey to collect data about the total number of senior citizens in Delhi and for directions to construct a new senior citizen home in every district of Delhi, the Division Bench of Manmohan, ACJ and Manmeet Pritam Singh Arora, J. directed the Chief Secretary to decide the matter in accordance with law within twelve weeks. Read more<\/b><\/a><\/p>\n

Delhi High Court rejects defamation suits by Indian Foreign Service officer against Hindustan Times<\/p>\n

In a couple of suits filed by an Indian Foreign Service officer (plaintiff) seeking damages for a sum of Rs. 5 crores each for loss of his reputation due to alleged damaging conversations about him contained in tapes being published or disseminated by Hindustan Times (defendants) in its English and Hindi daily being in gross violation of the norms of journalistic conduct issued by Press Council of India, a Single Judge Bench of Neena Bansal Krishna, J. held that the articles which were the subject matter of the two suits were not per se defamatory and directed the plaintiff to make good the deficit Court fee within six weeks as the alleged articles and tapes in question did not meet the legal standard for defamation. Read more<\/b><\/a><\/p>\n

Delhi High Court sets aside detention of LLB Student due to attendance shortage for medical reasons; Directs DU to readmit<\/p>\n

An appeal was filed by the appellant, who was shortlisted for the three-year LLB course in Law Centre II, Faculty of Law, University of Delhi as part of the 2022-2025 batch to consider whether he, who was detained by the Delhi University (respondents No. 1 and 2) from sitting for the first term LLB examination due to shortage of attendance, should be required to seek readmission, given the fact that the deficiency in attendance was attributable to the appellant being afflicted with disease. A Division Bench of Amit Bansal and Rajiv Shakdher, JJ., directed the respondent to re-admit the appellant with the batch of 2024-2027 students stating that even though the BCI has advised institutional empathy, the University, for some reason, refuses to acknowledge that it is conferred with power to allow students to continue with their education, interrupted due to genuine medical ailments and other difficult circumstances that may be beyond their control. Read more<\/b><\/a><\/p>\n

‘Hajis can only be provided services by registered operator’; Delhi HC upholds blacklisting of AL Islam Tours to operate as Haj Group Operator<\/p>\n

In the petition challenging the order dated 24-04-2024 passed by the Single Judge of this Court, whereby the writ petition challenging the respondent-Ministry blacklisting the appellant from registration and allocation of Haj Quota or to operate as a Haj Group Operator (‘HGO’) for a period of ten years, was dismissed, the Division Bench of Manmohan*, ACJ., and Rajnish Bhatnagar, J., held that the punishment was not disproportionate to the impropriety. Since the breach was of serious nature, the impugned punishment calls for no interference. Read more<\/b><\/a><\/p>\n

Delhi High Court quashes FIR against Delhi Prisons employee following News Nation’s ‘Kala Pani’ Broadcast allegations<\/p>\n

A petition was filed seeking quashing of FIR dated 11-07-2014 registered at PS ACB, New Delhi under Sections of the Prevention of Corruption Act, 1988<\/a> against the present petitioner relating to case is that News Nation, a TV news channel operation titled ‘Kala Pani’ allegedly showing some of the employees of Delhi Prisons interacting with reporters. Some of the employees allegedly accept bribe money for extending favours inmates contrary to the Delhi Prisons Rules. Vikas Mahajan, J., quashed the FIR and the proceedings emanating therefrom as the evidence did not support the allegations of corruption and misconduct, and noted that the petitioner had been exonerated by both the inquiry officer and the UPSC. Read more<\/b><\/a><\/p>\n

GAUHATI HIGH COURT<\/p>\n

No bar to invoke arbitration even if alternative remedy available under RERA Act: Gauhati High Court<\/p>\n

The present was an application under Section 11(6)<\/a> of the Arbitration and Conciliation Act, 1996<\/a> (‘the 1996 Act’) for appointment of an Arbitrator in terms of the Arbitration Clause executed between the parties, and an Arbitral Tribunal made up of three Arbitrators were to be constituted. Michael Zothankhuma, J., held that arbitration could be invoked by a party, in spite of the availability of the alternative remedy provided under the provisions of the Real Estate (Regulation and Development) Act, 2016<\/a> (‘RERA Act’). Read more<\/b><\/a><\/p>\n

Gauhati HC holds bar to remarriage not applicable in case of delay in filing appeal against divorce decree<\/p>\n

An Interlocutory Application filed under Section 5 of the Limitation Act, seeking a condonation for delay in filing a matrimonial appeal under Section 28<\/a> of the Hindu Marriage Act, 1955<\/a> (HMA), was rejected by Parthivjyoti Saikia, J. for not providing a sufficient cause for the said delay. Read more<\/b><\/a><\/p>\n

JHARKHAND HIGH COURT<\/p>\n

GST officers shall not force a person to give statement after office hours; Must follow instructions of GST-Investigation and CBIC while summoning: Jharkhand HC<\/p>\n

In a case wherein the petitioner was interrogated till past midnight and was permitted to go home only after his statement was recorded to the satisfaction of the GST Officer, the Division Bench of Shree Chandrashekhar, ACJ and Navneet Kumar, J., opined that the proper officer under the Central Goods and Services Tax Act, 2017<\/a> (‘CGST Act’) should not be requiring\/forcing\/coercing a person so summoned to give statement after the office hours. The Court also directed that the GST officers should follow the guidelines and instructions issued by the Commissioner (GST-Investigation) and the Central Board of Indirect Taxes and Customs (‘CBIC’) while summoning a person by exercising the powers under section 70 of the CGST Act. Read more<\/b><\/a><\/p>\n

KARNATAKA HIGH COURT<\/p>\n

Karnataka HC grants anticipatory bail to Bhavani Revanna in kidnapping case; Directs her to not enter districts of Mysore & Hassan except for the purpose of investigation<\/p>\n

While considering the instant petition seeking anticipatory bail under Section 438<\/a> of the Code of Criminal Procedure, 1973<\/a> (CrPC) filed by Bhavani Revanna, mother of suspended Janata Dal (Secular) leader Prajjwal Revanna, the Bench of Krishna S. Dixit, J.*, granted anticipatory bail to the petitioner and clarified that she shall not enter the districts of Mysore & Hassan in any circumstance except for the purpose of investigation. Read more<\/b><\/a><\/p>\n

Know why Karnataka HC refused to quash proceedings against person charged for writing a woman’s mobile number on the walls of men’s toilet at Majestic Bus Stand?<\/p>\n

While considering the instant petition challenging the criminal proceedings under Sections 501<\/a>, 504<\/a>, 507<\/a> and 509<\/a> of Penal Code, 1860<\/a> (IPC) against the petitioner for writing the complainant’s mobile number on the walls of a gents’ toilet at Majestic Bus Stand, the Bench of M. Nagaprasanna, J.*, refused to quash the proceedings and sternly noted that the petitioner’s that it was only a writing on the wall and no offence can be made out, cannot be considered in exercise of jurisdiction under Section 482 of CrPC. The Court further pointed out that the ingredients of Sections 501, 504, 507 and 509 of the IPC are clearly met in the instant case and the petitioner cannot get away with making belittling comments against a woman in public. Read more<\/b><\/a><\/p>\n

KERALA HIGH COURT<\/p>\n

Can an offence under S. 498A IPC committed outside India, be tried before Indian Courts? Kerala HC answers<\/p>\n

In a petition under Section 482 of the Code of Criminal Procedure (‘CrPC’), the petitioner sought to quash a complaint alleging offences under Section 498-A of the Penal Code (IPC) committed in Australia. A. Badharudeen, J., held that, for an offence committed outside India, the proviso to Section 188 of the CrPC requires prior sanction from the Central Government, and therefore prosecution against such person would stand vitiated. Read more<\/b><\/a><\/p>\n

Magistrates should specify whether maintenance is ordered under CrPC or HAMA while dealing with Domestic Violence matters: Kerala HC<\/p>\n

In a revision petition under Section 397<\/a> of the Code of Criminal Procedure, 1973<\/a> (‘CrPC’) filed by petitioner seeking maintenance from father under Section 20(1)(d)<\/a> of the Domestic Violence Act, 2005<\/a> (‘D.V. Act’) and challenging the order of the lower court, P.G. Ajithkumar, J., while dismissing the petition said that magistrates dealing with matters of maintenance under Section 20(1)(d) of the D.V. Act, should specify in the order whether maintenance was being ordered under Section 125 of the CrPC or under Section 20(3) of the Hindu Adoption and Maintenance Act, 1956 (‘HAMA’). Read more<\/b><\/a><\/p>\n

MADHYA PRADESH HIGH COURT<\/p>\n

No physical injuries, delayed FIR & subsequent marriage: MP High Court quashes Rape charges amid doubt over prosecutrix’s credibility<\/p>\n

In a petition under Section 482 of the CrPC and the application under Sections 397 and 401 of the CrPC seeking the quashment of FIR and charges on the grounds that the prosecutrix did not file an FIR immediately after the alleged incidents of rape but eventually married the petitioner, a single-judge bench comprising of Vishal Dhagat, J., found the prosecutrix’s narrative less credible based on lack of physical injuries and the delayed reporting of FIR and quashed the FIR and charges. Read more<\/b><\/a><\/p>\n

MP Civil Judge Junior Division | MP High Court directs to weed-out ineligible candidates from prelims under Amended Recruitment Rules<\/p>\n

In a revision petition seeking to review\/recall, the order dated 07-05-2024 passed by the co-ordinate bench of this Court which dismissed the writ petition of the petitioners contending that they are eligible under the Amended Recruitment Rules, but were excluded from of the MP Civil Judge Junior Division Main Examination’s cut-off list, a division bench comprising of Sheel Nagu,* ACJ., and Amar Nath (Kesharwani), J., allowed the revision petition, recalled the co-ordinate bench’s order and issued direction to re-evaluate the recruitment process to ensure only eligible candidates under the Amended Recruitment Rules progress, thereby correcting the errors in the original order. The Court directed to weed out all the ineligible candidates and issuing fresh call letter to the candidates who would be eligible as per new rules and inviting the new candidates for the Main Examination and till that time the authorities were restrained from proceeding further with the selection process.Read more<\/b><\/a><\/p>\n

IBC proceedings don’t bar liability under Section 138 of NI Act: MP High Court<\/p>\n

In an application under Section 482 of CrPC seeking to quash Additional Session Judge’s order which imposed a condition on applicant to deposit Rs.13,73,890\/- for suspension of the execution of sentence (including the order to pay compensation), a single-judge bench of G.S. Ahluwalia, J., affirmed the condition imposed by the Appellate Court for the applicant to deposit Rs.13,73,890\/- as a condition for suspension of sentence and held that the applicant’s liability under Section 138 of the NI Act remained despite the initiation of insolvency proceedings by the borrower company. Read more<\/b><\/a><\/p>\n

MADRAS HIGH COURT<\/p>\n

‘Marital status of woman cannot be the determining factor for giving her child in adoption’, Madras HC sets aside Registering Authority’s order refusing to register adoption deed<\/p>\n

In a writ petition filed against the impugned Refusal Check Slip issued by the Sub Registrar and the impugned order passed by the District Registrar and consequently to direct the Sub Registrar to register the adoption deed dated 12-01-2022, G.R. Swaminathan, J. has held that the proviso to sub-section (2) of Section 9<\/a> of the Hindu Adoptions and Maintenance Act, 1956<\/a> will not apply when the mother\/father of the child to be given in adoption is absent. Further, the Court said that the marital status of the woman cannot be the determining factor for giving her child in adoption. Thus, the Court set aside the impugned order, permitted the parties to re-present the document and directed the registering authority to register the same on such re-presentation subject to fulfilment of the other usual formalities. Read more<\/b><\/a><\/p>\n

[Sexual Harassment at Workplace] Madras HC partially vitiates inquiry report for not providing accused an opportunity to cross-examine the witnesses<\/p>\n

In a writ petition filed challenging the enquiry report submitted by the Internal Complaints Committee (‘ICC’), wherein the ICC has recommended that the accused for being accused of sexual harassment should be continued under suspension, till the completion of the departmental proceedings, D. Bharatha Chakravarthy, J. while setting aside the impugned inquiry report, has allowed the petition on the following terms: Read more<\/b><\/a><\/p>\n

Madras High Court affirms rejection of IIT-M Patent on ‘Method of Doping Potassium’, for lack of inventive step<\/p>\n

In an appeal filed by Indian Institute of Technology Madras(‘IIT Madras’) under Section 117-A<\/a> of the Patents Act, 1970<\/a>, praying to pass an order granting a patent and to set aside the impugned order of Controller of Patents & Designs, refusing registration; and a direction that the Controller of Patents & Designs, shall allow the application to proceed to grant on an expedited basis, Senthilkumar Ramamoorthy, J. while affirming the rejection of the patent application, the Court held that the rejection of the claimed invention by the Controller in the impugned order on the basis of Section 3(a) and on industrial applicability under Section 2(1)(j) is held to be untenable, whereas the rejection on the basis of Sections 3(d) and 2(1)(ja) is sustained. Read more<\/b><\/a><\/p>\n

MEGHALAYA HIGH COURT<\/p>\n

Meghalaya HC treats teacher’s resignation as voluntary retirement, grants pensionary benefits after 33 years of service<\/p>\n

In a civil writ petition by a teacher who had resigned from the service, sought for regularization of services and for release of pensionary and other terminal benefits after thirty-three years of service, H. S. Thangkhiew, J. allowed the petition and held that the petitioner’s resignation be considered to be in effect and in continuation of the application for voluntary retirement, and be afforded all the retiral benefits. Read more<\/b><\/a><\/p>\n

ORISSA HIGH COURT<\/p>\n

Orissa HC upholds OSEPA merit list for recruitment of Schematic Junior Teachers; holds Clause 8.3 of Resolution for district wise draft merit list violative of Art. 14 & 16<\/p>\n

In a batch of intra-Court appeals against a decision of the Single Judge, whereby, the draft result sheet for recruitment to the posts of Junior Teacher (Schematic) was quashed and the State authorities were directed to prepare District-wise and category-wise draft merit list, the Division Bench of Chakradhari Sharan Singh*, CJ. and M.S. Raman, J. held that the Clause 8.3 of the Resolution, which contemplates district wise draft merit list was violative of Articles 14<\/a> and 16<\/a> of the Constitution of India<\/a>. Read more<\/b><\/a><\/p>\n

PATNA HIGH COURT<\/p>\n

‘Necessary to determine real conflict between parties’; Patna HC sets aside order refusing to amend pleadings after commencement of trial<\/p>\n

In a civil miscellaneous petition filed under Article 227<\/a> of the Constitution<\/a>, seeking to quash the order passed by the by the Sub Judge-VIII, Patna (‘Trial Court’), where under the petition filed by the petitioner under Order VI Rule 17<\/a> of the Code of Civil Procedure, 1908<\/a> (‘CPC’) was rejected, Arun Kumar Jha, J.*, stated that the amendment sought by the petitioner regarding the area of land and number of purchasers was clarificatory in nature and necessary to reveal the real conflict between the parties. Thus, the Court stated that the Trial Court committed an error of jurisdiction when it refused to allow the amendment petition and accordingly set aside the impugned order. The Court directed the petitioner to pay Rs. 50,000 to the respondent on the first date before the Trial court after passing of the present judgment and stated that the respondents would be given ample opportunities to rebut\/convert the petitioner’s claim. Read more<\/b><\/a><\/p>\n

Breath analyzer report not conclusive proof of consumption of alcohol: Patna High Court<\/p>\n

Petitioner invoked the extraordinary jurisdiction of this Court under Article 226<\/a> of the Constitution<\/a> seeking a certiorari setting aside an order dated 30-11-2021 passed by Respondent 2, the Divisional Commissioner Koshi Division, Saharsa whereby Respondent 2 had in a very casual, mechanical, illegal, and torturous manner rejected the service appeal of petitioner filed against the order of punishment dated 15-01-2020 passed by the District Magistrate, Supaul on 15-01-2020 without application of its own judicial mind which had no legal leg to stand upon. Read more<\/b><\/a><\/p>\n

PUNJAB AND HARYANA HIGH COURT<\/p>\n

Dispensing with inquiry should be an exception and not the rule’; P&H HC grants back wages to police officers who were reinstated after their dismissal<\/p>\n

In the petitions where the petitioners were dismissed from service and later reinstated, they were neither paid allowance for the period from dismissal to reinstatement, nor the aforesaid period was treated as ‘period spent on duty’, Jaganmohan Bansal, J., noted that a common thread running through Fundamental Rules, Punjab Police Rules, 1934 (‘1934 Rules’) and Punjab Civil Services Rules (‘PCS Rules’) regarding payment of salary in case of reinstatement after dismissal from service was that the full salary should be paid in case of honorable acquittal\/exoneration. However, in case of acquittal\/exoneration other than honorable, payment of salary for the period of dismissal should be determined by competent authority at the time of reinstatement. The amount determined by the Competent Authority should not be less than the salary payable during suspension. Accordingly, the Court granted back wages to the petitioners. Read more<\/b><\/a><\/p>\n

Punjab and Haryana HC directs Child Welfare Committee to conduct enquiry on minor’s safety who ran from her home on being allegedly forced to marry old man<\/p>\n

In a petition filed by the petitioner-minor seeking to protect her life and liberty from the hands of Respondents 4-8 (family members of the minor), Harsh Bunger, J., stated that it was the bounden duty of the State as per the Constitutional obligations casted upon it to protect the life and liberty of every citizen. The Court stated that the Child Welfare Committee should conduct an enquiry contemplated under Section 36<\/a> of the Juvenile Justice (Care and Protection of Children) Act, 2015<\/a> (‘JJ Act’) and pass an appropriate order, ensuring that the objectives of the JJ Act were well served. The Court stated that the Child Welfare Committee should take appropriate decisions with respect to the boarding and lodging of the minor and to conduct enquiry on all issues relating to and affecting safety and well-being of the child\/minor. During the pendency of such adjudication and passing of orders under JJ Act, the Committee should also take appropriate interim measures\/decisions regarding custody of the child in need of care and protection. Read more<\/b><\/a><\/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":67517,"featured_media":324954,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[46069,45673],"tags":[2822,70149,2569,2543,70147,33055,70148],"class_list":["post-324944","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-bhavani-revannas-bail","tag-Bombay_High_Court","tag-Delhi_High_Court","tag-high-court-weekly-round-up-october-2024","tag-neet-ug","tag-video-of-arvind-kejriwals-court-proceedings"],"yoast_head":"\nHigh Court Weekly Roundup June 2024 | SCC Blog<\/title>\n<meta name=\"description\" content=\"High Court Weekly Roundup June 2024 with stories on NEET-UG; Video of Arvind Kejriwal\u2019s Court Proceedings; 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UG 2024] Supreme Court issues notice in NTA\u2019s transfer plea; Stays proceedings before High Courts","author":"Apoorva","date":"June 20, 2024","format":false,"excerpt":"The stay was on proceedings in petitions filed in Rajasthan, Calcutta and Bombay High Courts regarding the alleged paper leak in the NEET-UG 2024 exam held on 05-05-2024","rel":"","context":"In "Hot Off The Press"","block_context":{"text":"Hot Off The Press","link":"https:\/\/www.scconline.com\/blog\/post\/category\/news\/hot_off_the_press\/"},"img":{"alt_text":"NEET UG 2024","src":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2024\/06\/neet-1.webp?resize=350%2C200&ssl=1","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2024\/06\/neet-1.webp?resize=350%2C200&ssl=1 1x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2024\/06\/neet-1.webp?resize=525%2C300&ssl=1 1.5x, 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manual checking of OMR sheet","author":"Apoorva","date":"June 20, 2024","format":false,"excerpt":"Allahabad HC said that it cannot restrain the competent authority \/ authorities from taking any legal action against the petitioner strictly in accordance with law.","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"Allahabad High Court","src":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2024\/02\/Allahabad-High-Court.webp?resize=350%2C200&ssl=1","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2024\/02\/Allahabad-High-Court.webp?resize=350%2C200&ssl=1 1x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2024\/02\/Allahabad-High-Court.webp?resize=525%2C300&ssl=1 1.5x, 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malpractices","author":"Apoorva","date":"June 18, 2024","format":false,"excerpt":"On 13-06-2024, SC has accepted Centre and NTA's decision to cancel grace marks awarded to 1,563 NEET-UG candidates who did not get the requisite time to finish the exam, with an option to take a re-test later in June.","rel":"","context":"In "Hot Off The Press"","block_context":{"text":"Hot Off The Press","link":"https:\/\/www.scconline.com\/blog\/post\/category\/news\/hot_off_the_press\/"},"img":{"alt_text":"NEET UG 2024","src":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2024\/06\/NEET-UG-2024.webp?resize=350%2C200&ssl=1","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2024\/06\/NEET-UG-2024.webp?resize=350%2C200&ssl=1 1x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2024\/06\/NEET-UG-2024.webp?resize=525%2C300&ssl=1 1.5x, 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