{"id":330815,"date":"2024-09-15T12:00:55","date_gmt":"2024-09-15T06:30:55","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=330815"},"modified":"2024-09-15T14:20:14","modified_gmt":"2024-09-15T08:50:14","slug":"hc-weekly-roundup-september-2024-legal-news-scc-times-2","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2024\/09\/15\/hc-weekly-roundup-september-2024-legal-news-scc-times-2\/","title":{"rendered":"HIGH COURTS SEPTEMBER 2024 WEEKLY ROUNDUP| Read latest updates on Arvind Kejriwal; Manu Bhaker Interview row; DHFL Bank Fraud case; and more"},"content":{"rendered":"
\n

Bombay High Court<\/p>\n

‘Breaking open lock without wife’s consent was a well-thought out & deliberate act in collusion with her husband’; Bombay HC refuses to quash FIR against landlord<\/p>\n

The owners of a rented property sought the quashing of FIR registered for the offences punishable under Sections 427<\/a>, 448<\/a>, 453<\/a> read with 34<\/a> of the Penal Code, 1860<\/a>. The Division Bench of A.S. Gadkari and Dr. Neela Gokhale*, JJ., perused the record, and found that the owners had colluded with respondent 2\/ husband to dispossess respondent 1\/ wife from the property, that had been rented to the respondents 1 and 2 on leave and license basis. The Court noted that the leave and license agreement stipulated that the owners were to follow the provisions of the Maharashtra Rent Control Act, 1999<\/a> to evict their tenants and said that they could not have taken the law in their hands. The Court held that cognizable offences as alleged under the FIR had been committed and refused to quash the same. Read more<\/a><\/p>\n

‘Under Muslim Law, custody of children below 7 years shall be with their mother’: Bombay HC<\/p>\n

In an appeal preferred by a husband against the judgement and order passed by the District Judge, Aurangabad ruling in favour of his wife, regarding the custody of children, the single-Judge Bench of Kishore C. Sant, J., considering the welfare of the children, upheld the decision of the Trial Court and directed the husband to hand over their custody to the wife. Read more<\/a><\/p>\n

Bombay HC rejects Builder’s pre-arrest bail plea in Building Collapse case leading to loss of lives; calls for thorough investigation<\/p>\n

In the present case, applicant seeks pre-arrest bail in a case registered at NRI Sagari Police Station, Mumbai, for offences punishable under Sections 105<\/a>, 125(a)<\/a>, 125(b)<\/a>, and 324(4)<\/a> read with Section 3(5)<\/a> of the Nyaya Sanhita, 2023<\/a>, and Section 54<\/a> of the Maharashtra Regional and Town Planning Act, 1966<\/a>. A Single Judge Bench of R.N. Laddha, J., after noting that a building collapsed and three people lost their lives, stated that a thorough investigation was necessary to uncover the circumstances surrounding the building’s construction and prolonged unauthorized status. The Court rejected the application for pre-arrest bail as the investigation was at a nascent stage. Read more<\/a><\/p>\n

‘Petitions bereft of material particulars’; Bombay HC dismisses plea challenging Congress MP Shivaji Bandappa Kalge’s election<\/p>\n

In the present case, two election petitions were filed challenging the election of Respondent 1, Shivaji Bandappa Kalge, the returned candidate from 41-Latur (SC) Parliamentary Constituency, State of Maharashtra for the election held on 07-05-2024 on the ground of qualification or disqualification by contending that Respondent 1 did not belong to the ‘Mala Jangam’ Scheduled Caste category as declared by him in his nomination papers. A Single Judge Bench of Arun R. Pedneker, J., held that the election petitions were bereft of material particulars and mere usage of words like ‘fraudulent’ and ‘fake’ documents and production of some contra documents indicating that Respondent 1 did not belong to ‘Mala Jangam’ caste was not sufficient. Thus, the Court dismissed the election petitions. Read more<\/a><\/p>\n

Bombay HC rejects Builder’s pre-arrest bail plea in Building Collapse case leading to loss of lives; calls for thorough investigation<\/p>\n

In the present case, applicant seeks pre-arrest bail in a case registered at NRI Sagari Police Station, Mumbai, for offences punishable under Sections 105<\/a>, 125(a)<\/a>, 125(b)<\/a>, and 324(4)<\/a> read with Section 3(5)<\/a> of the Nyaya Sanhita, 2023<\/a>, and Section 54<\/a> of the Maharashtra Regional and Town Planning Act, 1966<\/a> (‘the 1996 Act’). A Single Judge Bench of R.N. Laddha, J., after noting that a building collapsed and three people lost their lives, stated that a thorough investigation was necessary to uncover the circumstances surrounding the building’s construction and prolonged unauthorized status. The Court rejected the application for pre-arrest bail as the investigation was at a nascent stage. Read more<\/a><\/p>\n

Delhi High Court<\/p>\n

‘Maintenance under Domestic Violence Act unrelated to inability of wife to maintain herself’; Delhi HC directs Trial Court to pass final order in domestic violence case<\/p>\n

In a petition filed under Section 3971 read with Section 401<\/a> of the Code of Criminal Procedure, 1973<\/a> (‘CrPC’) to challenge the judgment dated 29-04-2023 passed by the Additional Sessions Judge (‘ASJ’), South District, Saket Courts and the order dated 20-08-2022 passed by the Trial Court, a Single Judge Bench of Amit Mahajan, J. dismissed the present petition and directed the Trial Court to pass the final order uninfluenced by the observations made in the impugned judgment dated 29-04-2023 or in the present judgment. Read more<\/a><\/p>\n

Read why Delhi HC granted default bail to fake doctors for offence under Section 304 IPC, due to procedural error by the Police<\/p>\n

The accused persons approached the instant Court challenging the rejection of their applications for the grant of default bail. The single-Judge Bench of Subramonium Prasad*, J., noted that one of the alleged offences against the accused persons was under Section 304<\/a> of the Penal Code, 1860<\/a> (‘IPC’), however, the police converted the offence to Section 304 Part I (‘304(I)’) on the 89th day since their arrest. The Court stated that since which Part applies to the case can only be determined at the concluding stage of trial, the period of detention proposed under Section 167<\/a> of the Code of Criminal Procedure, 1973<\/a> (‘CrPC’) shall be 60 days, unless the facts of the case indicated towards an extended detention. The Court held that 60 days had lapsed since the accused persons were arrested, and the police had not filed the chargesheet until the 89th day, therefore, they were entitled to default bail. Read more<\/a><\/p>\n

Court of Chief Commissioner for PwD cannot pass binding\/adjudicatory orders akin to those issued by court of law; Delhi HC sets aside stay on Employee’s transfer<\/p>\n

In a writ petition filed by the National Power Training Institute to challenge the Order dated 02-08-2024 passed by the Court of Chief Commissioner for Persons with Disabilities which stayed the transfer of respondent 3 (a person with disabilities), a Single Judge Bench of Sanjeev Narula, J. stated that the interim order could not have been issued under the scheme of the Right of the Persons with Disabilities Act, 2016<\/a> as it exceeded the scope of the Chief Commissioner’s investigatory and recommendatory powers, and set the operative portion of the impugned order aside to the extent that it directed NPTI to stay the transfer order. Read more<\/a><\/p>\n

Delhi High Court upholds Tihar Jail Superintendent’s denial of Rajya Sabha MP’s request for physical interview with Arvind Kejriwal<\/p>\n

A petition was filed by the petitioner who is a Member of Parliament in the Rajya Sabha and a member of the Aam Aadmi Party, seeking permission from Tihar Jail authorities to allow him a physical interview with Arvind Kejriwal, who is detained at Central Jail, Tihar, Delhi. Neena Bansal Krishna, J., held that there is no infirmity in the impugned denial of visitation to the petitioner but allowed to meet Arvind Kejriwal in future and left him at liberty to move an application seeking visitation to be considered by the concerned Jail Superintendent, in accordance with law. Read more<\/a><\/p>\n

Delhi High Court directs BSES to pay Rs. 10,00,000\/- as compensation to wife of Sub-Inspector who died due to electrocution<\/p>\n

In a writ petition filed by the petitioner for adjudication of the dispute pertaining to a claim for compensation on account of her husband’s unfortunate death due to electrocution, a Single Judge Bench of Purushaindra Kumar Kaurav, J. stated that the present matter did not justify the application of the maxim res ipsa loquitur and deemed it appropriate to grant the wife an ex-gratia lump sum compensation of Rs. 10,00,000\/- to be paid by BSES. Read more<\/a><\/p>\n

Manu Bhaker Interview row: Delhi High Court vacates interim order against Abhishek Baxi for removal of tweet on Rohan Dua<\/p>\n

In an application filed by journalist Abhishek Baxi challenging the interim order passed by the Court on 02-09-2024, in which he and other social media platforms were directed to delete tweets against Rohan Dua regarding his interview with professional shooter Manu Bhaker, Navin Chawla, J. vacated the interim order. Read more<\/a><\/p>\n

DHFL Bank Fraud case| ‘Definitely required regular and periodical medical attention’; Delhi HC grants bail to Dheeraj Wadhawan on medical grounds<\/p>\n

In a bail application filed under Section 439<\/a> read with Section 482<\/a> of the Criminal Procedure Code, 1973<\/a> (‘CrPC’) for grant of bail on medical grounds, Sudhir Kumar Jain, J., stated that there could not be any compromise with the applicant’s life merely because he did not require immediate hospitalisation. The applicant definitely required regular and periodical medical attention. Mere fact that at present hospitalisation of the applicant was not required and could be treated on outpatient basis did not disentitle the applicant from grant of medical bail, particularly when the applicant was suffering from various serious ailments requiring constant, regular and periodical medical treatment. Thus, the applicant was entitled for grant of medical bail as per proviso to Section 437(1) of the CrPC. Read more<\/a><\/p>\n

‘SC’s 2023 decision in Ashish Agarwal does not deprive assessee of the right to question initiation of reassessment based on S.149(1)’; Delhi HC quashes notice against Genpact India<\/p>\n

In a writ petition filed by Genpact India Pvt. Ltd. (‘Genpact’) to challenge the reassessment action related to the Assessment Year (‘AY’) 2015-16 that was initiated after an order dated 30-07-2022 was passed as per Section 148-A(d)<\/a> of the Income Tax Act, 1961<\/a> (‘Act’) as well as the consequential notice under Section 148 dated 30-07-2022, a Division Bench of Yashwant Varma and Ravinder Dudeja, JJ. found themselves unable to sustain the impugned action and quashed the impugned notice dated 27-05-2022 under Section 148A(b), the order dated 30-07-2022 under Section 148A(d) of the Act, and the notice dated 30-07-2022 under Section 148 of the Act. Read more<\/a><\/p>\n

Delhi High Court temporarily restrains Star Hospitality from using mark ‘SOCIAL’; grants interim injunction to Impresario Entertainment and Hospitality (P) Ltd<\/p>\n

In an application filed by the plaintiff seeking an ex-parte ad interim injunction against the defendant, Saurabh Banerjee, J., stated that the defendant could not be allowed to exploit the goodwill and reputation of the already existing registered trade mark ‘SOCIAL’ of the plaintiff, and the defendant’s continued usage of the impugned marks was not warranted. Read more<\/a><\/p>\n

Delhi High Court directs BSES to pay Rs. 10,00,000\/- as compensation to wife of Sub-Inspector who died due to electrocution<\/p>\n

In a writ petition filed by the petitioner (‘wife’) for adjudication of the dispute pertaining to a claim for compensation on account of her husband’s unfortunate death due to electrocution, a Single Judge Bench of Purushaindra Kumar Kaurav, J. stated that the present matter did not justify the application of the maxim res ipsa loquitur and deemed it appropriate to grant the wife an ex-gratia lump sum compensation of Rs. 10,00,000\/- to be paid by BSES. Read more<\/a><\/p>\n

Court of Chief Commissioner for PwD cannot pass binding\/adjudicatory orders akin to those issued by court of law; Delhi HC sets aside stay on Employee’s transfer<\/p>\n

In a writ petition filed by the National Power Training Institute (‘NPTI’) to challenge the Order dated 02-08-2024 passed by the Court of Chief Commissioner for Persons with Disabilities (‘CCPD’) which stayed the transfer of respondent 3 (a person with disabilities), a Single Judge Bench of Sanjeev Narula, J. stated that the interim order could not have been issued under the scheme of the Right of the Persons with Disabilities Act, 2016<\/a> (‘RPWD Act’) as it exceeded the scope of the Chief Commissioner’s investigatory and recommendatory powers, and set the operative portion of the impugned order aside to the extent that it directed NPTI to stay the transfer order. Read more<\/a><\/p>\n

Gauhati High Court<\/p>\n

Effort shall be made by authorities to address grievance of Transgender Community members in respect to their medical needs: Gauhati HC<\/p>\n

The issue raised in the present case pertained to the failure on part of the various authorities to address the medical needs of the members of the Transgender community living in Assam, particularly, extending the facility of reconstructive surgery. The Division Bench of Suman Shyam* and Mridul Kumar Kalita, JJ., opined that the concern raised was of a serious nature and called for immediate attention from the authorities concerned and stated that effort should be made by all authorities concerned, to find out ways\/means for suitably addressing grievance of members of the Transgender community. Read more<\/a><\/p>\n

‘Will impose heavy cost, initiate contempt proceedings’; Gauhati HC grants last two months opportunity to State of Mizoram to set up State Human Rights Commission<\/p>\n

The present writ petition was filed by petitioner, Zofa Welfare Organization (‘ZWO’), Mizoram, praying to issue direction to the State of Mizoram to set up the State Human Rights Commission (‘SHRC’) as per the provisions of the Protection of Human Rights Act, 1993<\/a> (‘the 1993 Act’). The Division Bench of Vijay Bishnoi*, CJ., and Michael Zothankhuma, J., in the interest of justice, granted last opportunity of two months to the State of Mizoram to set up SHRC as per the provisions of the 1993 Act and as per the directions issued by the Supreme Court in D.K. Basu<\/i> v. State of W.B.<\/i>, (2015) 8 SCC 744<\/a> (‘D.K. Basu Case’). Read more<\/a><\/p>\n

Gujarat High Court<\/p>\n

Morbi Bridge Collapse | Gujarat HC directs execution of written instruments outlining benefits to victims including marriage expenses for girls, jobs to PwD<\/p>\n

In a suo motu writ petition on Morbi bridge collapse, the Division Bench of Sunita Agarwal, CJ and Pranav Trivedi, J. directed that an arrangement be made for execution of a written instrument with individual beneficiaries, outlining the benefits to which they are entitled to. Read more<\/a><\/p>\n

Gujarat HC transfers minor boy’s sexual assault and murder probe to CBI on no fruitful outcome by police after 9-years<\/p>\n

In a special criminal application moved by petitioner-father seeking transfer of the investigation of his son’s death to CBI, Hasmukh D. Suthar, J. said that no fruitful outcome of the investigation was given on record, despite various orders passed by the Court, hence, considering the seriousness of the offence and the inability of the respondent authority to detect an offence and the fact that more than nine years had passed without any fruitful outcome of investigation, the respondent authority was directed to hand over the investigation of the FIR to Central Bureau of Investigation, along with all related case documents for the investigation. Read more<\/a><\/p>\n

Jharkhand High Court<\/p>\n

WhatsApp news group will come within domain of ‘any form of media’; Jharkhand HC dismisses petition to quash charges against Local MLA accused of disclosing identity of rape victim<\/p>\n

In a criminal revision petition filed to quash the order dated 21-11-2011, passed by the Additional Sessions Judge-III-cum-Spl. Judge, Dumka, whereby the charges against the petitioner under Sections 228(A)<\/a>, 120-B<\/a> of the Penal Code, 1860<\/a> (‘IPC’), Sections 74(1)<\/a> and 74(3)<\/a> of Juvenile Justice Act, 2015<\/a> (‘the JJ Act’) and Section 23<\/a> of Prevention of Children from Sexual Offences Act, 2012<\/a> (‘POCSO Act’) had been framed, Arun Kumar Rai, J., stated that prima facie WhatsApp news group in the name of ‘Nala News’ wherein message regarding identity of victim and her photograph were sent, would come within the domain of “any form of media” & “audio-visual media”. Thus, the Court stated that no interreference was required in the impugned order and dismissed the present petition. Read more<\/a><\/p>\n

Karnataka High Court<\/p>\n

Karnataka HC refuses to quash POCSO case against Drawing Teacher for allegedly taking photos\/videos of minor girls changing dresses<\/p>\n

While considering the instant petition seeking quashment of FIR registered for offences punishable under Section 12<\/a> of the Protection of Children from Sexual Offences Act, 2012<\/a> (POCSO Act); the Bench of M. Nagaprasanna, J., taking note of the fact that the petitioner was a school teacher who had allegedly shot videos and took pictures of girl children at the time when they were changing their dresses, refused to quash the proceedings, stating that being a teacher it was indecorous on the part of the petitioner and the alleged offence is unpardonable, albeit prima facie. Read more<\/a><\/p>\n

Madhya Pradesh High Court<\/p>\n

Loan taken voluntarily after separation not to be considered while calculating quantum of maintenance: MP High Court<\/p>\n

In a Criminal Revision filed by the wife for the enhancement of maintenance on the ground that the maintenance awarded by the Family Court is insufficient compared to the husband’s salary, a single-judge bench of G. S. Ahluwalia, J., allowed the revision and increased the maintenance amount to Rs. 7,500\/- per month, ensuring that the wife received adequate financial support. Read more<\/a><\/p>\n

Well-qualified wife should not remain idle and dependent on maintenance from husband: MP High Court<\/p>\n

In Criminal Revisions filed by both husband and wife regarding reduction of the maintenance amount and enhancement of the maintenance amount, respectively, a single-judge bench of Prem Narayan Singh, J., held that “well qualified spouses should not be left idle or to remain idle basing on their maintenance amount received from their husband” and reduced the maintenance amount was from ₹60,000 to ₹40,000 per month. Read more<\/a><\/p>\n

MP Municipalities Ordinance amending ‘period to move no-confidence motion against Municipal Council Head’ has retroactive operation: MP High Court<\/p>\n

In a writ petition challenging an order dated 23-8-2024 issued by the Collector and Add. Collector, Damoh, fixing the meeting to consider the no-confidence motion against the petitioner, the President of the Municipal Council, Damoh, a single-judge bench of G.S. Ahluwalia, J., quashed the impugned order and held that the Madhya Pradesh Municipalities (Second Amendment) Ordinance, 2024 had retroactive operation and would apply to all cases where the no-confidence motion was moved before the Ordinance’s promulgation but considered after it. Read more<\/a><\/p>\n

POSH| Sub-Inspector’s transfer, merely on account of pendency of Internal Committee proceedings, unjustified: MP High Court<\/p>\n

In a petition challenging the transfer order on the grounds that the impugned transfer appeared to be a penalty due to the ongoing sexual harassment proceedings rather than an administrative necessity, a single-judge bench of Vivek Jain, J., held that the transfer amounted to undue victimisation and harassment of the petitioner as it was not based on any administrative necessity or formal recommendation from the Internal Complaint Committee (ICC) but was based on pendency of the Internal Committee proceedings and quashed the transfer order. Read more<\/a><\/p>\n

Madras High Court<\/p>\n

Madras High Court waives Swiss Garnier’s pre-deposit contemplated under S. 19 of MSMED Act for setting aside an award<\/p>\n

In applications filed by global pharmaceutical manufacturer, Swiss Garnier Life Science (‘Swiss Garnier’) to waive the requirement to pay the 75% pre-deposit under Section 19<\/a> of the Micro, small, Medium, Enterprises Development Act, 2006<\/a> (‘MSMED Act, 2006’), K. Kumaresh Babu, J. allowed the applications, and the 75% pre-deposit was dispensed with the requirement for payment of deposit contemplated under the Act. Read more<\/a><\/p>\n

Can Muslim wife claim interim maintenance under S.151 CPC while seeking divorce under Dissolution of Muslim Marriage Act? Madras HC answers<\/p>\n

In a civil revision petition concerning a question that whether a Muslim wife, who had presented a plaint in terms of Section 2(viii)<\/a> of the Dissolution of Muslim Marriage Act, 1939<\/a> (‘Act 1939’), is entitled to receive an interim maintenance under Section 151<\/a> of the Code of Civil Procedure, 1908<\/a>, pending disposal of the said proceedings, V. Lakshminarayanan, J. while holding that the impugned order does not suffer from arbitrariness or capriciousness, said that the Courts have power under Section 151<\/a> of the Code of Civil Procedure, 1908<\/a> to grant interim maintenance to a Muslim woman who has filed for divorce under the Act 1939, as there is no provision under the Act, 1939 providing for maintenance pending the litigation. Read more<\/a><\/p>\n

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

‘Would like to prevent a situation where lengthy and arduous trial becomes punishment in itself’; P&H HC grants bail to UAPA accused in custody for 3 years and 8 months<\/p>\n

In an appeal filed by the appellant-accused challenging the order dated 14-07-2023 passed by the Additional Sessions Judge, Patiala whereby his bail application in the FIR registered under Sections 13<\/a>, 16<\/a>, 18<\/a> and 20<\/a> of the Unlawful Activities (Prevention) Act, 1967<\/a> (‘UAPA’), Section 25<\/a> of the Arms Act, 1959<\/a> was dismissed, the Division Bench of Anupinder Singh Grewal and Lapita Banerji, JJ., stated that Article 21<\/a> of the Constitution<\/a> enshrined the fundamental right to protection of life and liberty which includes the right to speedy trial. The Court stated that the accused was in custody for about three years and eight months and the Constitutional Court would like to prevent a situation where the lengthy and arduous process of trial, becomes the punishment in itself. Read more<\/a><\/p>\n

Live-in couples are entitled to protection from tangible threats, even if one of the partners is already married: Punjab and Haryana High Court<\/p>\n

In a case wherein the issue arose that whether the partners in live-in relationship, where one of partner was already married, were entitled to protection, the Division Bench of Sureshwar Thakur* and Sudeepti Sharma, JJ., stated that when one of the live-in partners was married, and upon tangible threats being purveyed to the live-in couple by any of their respective family members or a moral vigilant, such live-in couple would be entitled to claim protection.Read more<\/a><\/p>\n

Rajasthan High Court<\/p>\n

All women employees entitled to 180 days Maternity Leave, irrespective of nature of employment: Rajasthan High Court<\/p>\n

In a writ petition filed by a female conductor employed by the Rajasthan State Road Transport Corporation (RSRTC) seeking extension of maternity leave to 180 days, arguing that other similarly situated employees in different sectors were granted such leave, a single-judge bench of Anoop Kumar Dhand, J., held that the petitioner is entitled to 180 days of Maternity Leave like the other female employees working under the Service Rules, applicable to the State and Central Government services and to woman employee, falling under the purview of, 2017. Read more<\/a><\/p>\n

Rajasthan High Court permits accused to travel abroad to attend daughter’s engagement ceremony; Upholds Right to personal liberty<\/p>\n

In an application filed by the petitioner, an accused, seeking permission to travel abroad to attend daughter’s engagement ceremony to be held in Muscat, Oman, a single-judge bench of Arun Monga, J., disposed of the petition and granted the petitioner liberty to file a fresh application seeking permission to travel abroad, subject to reasonable conditions imposed by the trial court. Read more<\/a><\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

Take a quick glance at what the High Courts were discussing in this late Monsoon season<\/p>\n","protected":false},"author":67512,"featured_media":330830,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[46069,45673],"tags":[2822,46570,2569,2543,73037,73121,25464,3096,72907,27214,2567,72964,37679,73058,27064,23204,43269,2575,30397,35263],"class_list":["post-330815","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-arvind-kejriwal","tag-Bombay_High_Court","tag-Delhi_High_Court","tag-dhfl-bank-fraud-case","tag-dissolution-of-muslim-marriage-act","tag-gauhati-high-court","tag-Gujarat_High_Court","tag-internal-complaint-committee","tag-live-in-relationship","tag-Madras_High_Court","tag-manu-bhaker","tag-maternity-leaves","tag-morbi-bridge-collapse","tag-personal-liberty","tag-pocso","tag-posh-act","tag-Rajasthan_High_Court","tag-uapa","tag-uttaranchal-high-court"],"yoast_head":"\nHigh 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