{"id":331461,"date":"2024-09-22T12:00:50","date_gmt":"2024-09-22T06:30:50","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=331461"},"modified":"2024-09-22T16:12:53","modified_gmt":"2024-09-22T10:42:53","slug":"high-court-weekly-round-up-september-2024-legal-news","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2024\/09\/22\/high-court-weekly-round-up-september-2024-legal-news\/","title":{"rendered":"HIGH COURT SEPTEMBER 2024 WEEKLY ROUNDUP| Stories on Lawyer\u2019s Custodial Assault; Medical Certificates for Parole; Compassionate Appointment; SSB Medical Exam; and more"},"content":{"rendered":"
\n

ALLAHABAD HIGH COURT<\/p>\n

Allahabad High Court upholds Family Court’s order calling for expert opinion on wife’s mental health at stage of evidence in divorce proceedings<\/p>\n

In an appeal filed by the wife under Section 19<\/a> of the Family Courts Act, 1984<\/a>, arising from the order passed by the Family Court, wherein the Court has allowed the application filed by the husband seeking medical examination of the wife in divorce proceedings, the division bench of Saumitra Dayal Singh and Donadi Ramesh, JJ. upheld the impugned order calling for expert opinion on the wife’s mental health at the stage of evidence. Read more<\/a><\/p>\n

Allahabad High Court reiterates scope of judicial review in terms of tender prescribing eligibility criteria<\/p>\n

In a writ petition filed by Dynamic Infracon Pvt. Ltd and Bengal Wood & Allied Products (‘petitioners’) seeking quashing of the entire tender process held in pursuance of e-bid tender document issued by Superintending Engineer, PWD, the division bench of Shekhar B. Saraf* and Manjive Shukla, JJ. reiterated that interference by the writ courts is open only when the action of the State authorities is arbitrary, discriminatory or biased but not merely because the court feels that some other term would have been preferable. Thus, the Court while finding that the action of the authorities is not arbitrary, discriminatory, mala fide or actuated with any bias, dismissed the petition. Read more<\/a><\/p>\n

BOMBAY HIGH COURT<\/p>\n

Detention based on Look Out Circular amounts to arrest, violates fundamental rights’; Bombay HC declares Singapore resident’s arrest illegal<\/p>\n

The present writ petition was filed by petitioner praying for issuance of writ of Habeas Corpus or any other order or direction, seeking his release, stating that he was illegally detained and also sought directions for quashing and setting aside of remand orders dated 15-08-2024 and 17-08-2024, as his arrest was not in accordance with law. The Division Judge Bench of Bharati Dangre* and Manjusha Deshpande, JJ., held that petitioner’s custody based on a Look Out Circular, right from his interception at 10:00 pm on 13-08-2024, at Ahmedabad Airport, amounted to his arrest, which, being non-compliant with the constitutional safeguards guaranteed under Articles 22(1)<\/a> and 22(2)<\/a> of the Constitution<\/a> and Section 501 of the Criminal Procedure Code, 1973<\/a> (‘CrPC’), made his arrest illegal being violative of his fundamental rights. Thus, the Court declared the arrest and subsequent remand orders as illegal. Read more<\/a><\/p>\n

‘Victim was below the age of 16 years’; Bombay HC sets aside Children’s Court order discharging father of allegedly committing sexual assault on daughter<\/p>\n

The present revision petition was filed challenging the order dated 21-09-2021 passed by the Children’s Court whereby respondent was discharged from the offence punishable under Section 8(2)<\/a> of the Goa Children’s Act, 2003<\/a> (‘the 2003 Act’) only on the ground that the victim was 16 years 4 months old on the day of the alleged incident which occurred on 14-02-2021. Read more<\/a><\/p>\n

‘Only Eagle Multispeciality Hospital is issuing medical certificates to prisoners for parole’; Bombay HC directs inquiry to check if there is any connection<\/p>\n

The present petition was filed seeking the relief that this Court should issue appropriate writ, order, or directions to quash and set aside the impugned order dated 28-08-2024 passed by Respondent 2 and to sanction 30 days extension of parole leave to petitioner on humanitarian grounds in the interest of justice. The Division Bench of Vibha Kankanwadi and S.G. Chapalgaonkar, JJ., rejected the petition and directed the District Superintendent of Police, Aurangabad to conduct inquiry either by himself or through responsible high rank officer, to see how frequently the certificates for parole were issued and what was the connection, as only one hospital, that is, Eagle Multispeciality Hospital, was now issuing such certificates to prisoners. Read more<\/a><\/p>\n

CALCUTTA HIGH COURT<\/p>\n

Calcutta High Court grants bail to DYF leader Kalatan Dasgupta and restrained authorities from taking coercive action<\/p>\n

In a petition filed by Kalatan Dasgupta, a prominent leader of the Democratic Youth Federation (‘DYF’), seeking immediate relief from unlawful detention and to challenge the illegal actions of the respondent authorities for arresting him in blatant disregard of procedural safeguards, a Single Judge Bench of Rajarshi Bharadwaj, J. directed Kalatan Dasgupta to be released on bail and restrained the respondent authorities from taking any coercive action against him. Read more<\/a><\/p>\n

DELHI HIGH COURT<\/p>\n

‘Amul is a well-known mark’; Delhi High Court restrains Bio Logic and Psychotropics India Pvt Ltd from using mark similar to ‘AMUL’<\/p>\n

In a suit filed for seeking permanent injunction restraining the defendants from dealing in any product the mark ‘AMUL’ or any other mark, which was identical\/deceptively similar to the plaintiff’s registered trade mark ‘AMUL’, Mini Pushkarna, J., stated that the defendants’ adoption of the infringing mark, could not be considered as bonafide or honest. The defendants knowingly infringed the plaintiffs’ trade mark and cannot plead ignorance of prior existence, as well as the reputation of the plaintiffs’ ‘AMUL’ trade mark. The defendants had no plausible justification for adopting the plaintiffs’ trade mark, other than to ride upon the plaintiffs’ immense reputation and goodwill. Read more<\/a><\/p>\n

Delhi High Court cancels trade mark ‘LI’L MONSTER’ to protect the Intellectual Property Rights of Monster Energy Co.<\/p>\n

In a petition filed by Monster Energy Company (‘Monster Co.’) under Section 57<\/a> and 125<\/a> of the Trade Marks Act, 1999<\/a> (‘Act’) for the removal\/cancellation of the trade mark ‘LI’L MONSTER’ registered in Class 12 in the name of S.K. Bikes Pvt. Ltd, from the register or rectification of the register, a Single Judge Bench of Mini Pushkarna, J. cancelled the impugned trade mark and directed the Registrar of Trade Marks to carry out the necessary rectification in its register. Read more<\/a><\/p>\n

‘Compensation is essential part of curing justice’; Delhi HC enhances compensation to Rs. 10.5 lakh for minor victim of sexual assault by father<\/p>\n

In a petition filed to seek setting aside of the order dated 15-03-2022 passed by the Additional Sessions Judge (‘ASJ’), South-East District, Saket Courts, New Delhi by which the Special Court awarded a final compensation of Rs. 10,000\/- in an application filed by the petitioner under Section 33(8)<\/a> of Protection of Children from Sexual Offences Act, 2012<\/a> (‘POCSO Act’) and Rule 9 of the POCSO Rules, 2020, a Single Judge Bench of Manoj Kumar Ohri, J. opined that the maximum compensation for ‘unnatural sexual assault’ is to be treated as minimum compensation for the offence of ‘aggravated sexual assault’ in the present case and directed the Delhi State Legal Services Authority (‘DSLSA’) to pay the enhanced compensation of Rs. 10.5 lakhs to the petitioner. Read more<\/a><\/p>\n

[POCSO] Delhi High Court quashes charges against mother accused of failing to report daughter’s sexual assault by father<\/p>\n

A petition was filed by the petitioner (mother) under Section 482 of Criminal Procedure Code assailing order dated 02-05-2024 (impugned order), passed by Additional Sessions Judge-01 (POCSO), North West\/Rohini in case registered at Police Station [“PS”] Maurya Enclave wherein the charges were framed against the mother under Section 19(1) of Protection of Children from Sexual Offences punishable under Section 21 POCSO. Anish Dayal, J., sets aside the charges framed against the mother and held that letting the charge under Section 21 POCSO against petitioner, in the facts and circumstances of this case, would cause grave prejudice to not just the mother who herself is a victim, but also to the prosecutrix who is solely dependent upon her mother for support. Read more<\/a><\/p>\n

Delhi High Court restrains use of ‘AMMAJI’ trademark due to confusion with established ‘AMBA’ brand in TMT Bar Market<\/p>\n

An appeal was filed by the Amba Shakti Steels Limited (appellants) a company incorporated under the Companies Act, 1956<\/a> challenging an order dated 18-01-2024 rendered by the Commercial Court, whereby the appellant’s application under Order XXXIX Rules 1 and 2 of the Civil Procedure Code (CPC) was dismissed. A division bench of Tara Vitasta Ganju and Vibhu Bakhru, JJ., allowed the appeal, sets aside the impugned order and restrained from using the trademark or any other marks which are deceptively similar to the appellant’s registered trademarks till the disposal of the suit. Read more<\/a><\/p>\n

Delhi HC declares order by Players’ Status Committee of AIFF directing Anwar Ali, Delhi FC, and Emami EBFC to pay Rs. 12.9 crores, unenforceable<\/p>\n

In a batch of writ petitions to challenge the order dated 10-09-2024 passed by the Players’ Status Committee (‘PSC’) of the All India Football Federation (‘AIFF’) for failing to provide detailed reasons for the imposition of sanctions which was contended to be a violation of the principles of natural justice, a Single Judge Bench of Sanjeev Narula, J. declared the impugned order dated 10-09-2024 unenforceable and directed AIFF to conduct a fresh hearing on 14-09-2024 and render a decision with detailed reasons. Read more<\/a><\/p>\n

Delhi High Court seeks review from Indian Air Force on why fit Female Pilot can’t fill unfilled male vacancies<\/p>\n

A petition was filed by the petitioner, aspiring to join the Indian Air Force as a pilot, challenging the rejection of her application for the Air Force Flying Branch despite being fit for duty and having remaining unfilled vacancies, arguing that the vacancies reserved for female candidates had already been filled. A division bench of Rekha Palli and Shalinder Kaur, JJ., held that the remaining vacancies should be reviewed to determine if they could be filled by qualified female candidates and issued a notice to the respondents to provide a detailed explanation, scheduling further hearings to ensure fairness in the recruitment process. Read more<\/a><\/p>\n

‘Six weeks to regain medical fitness after pregnancy is extremely short’; Delhi HC directs re-examination of woman rejected for being overweight in SSB medical exam<\/p>\n

In a writ petition filed under Article 226<\/a> of the Constitution<\/a> by the petitioner, a young mother, who aspired to join the Seema Sashastra Bal (‘SSB’) as a Constable (Washer Man-Female) under the OBC quota for the issuance of an appropriate writ, order or direction to quash and set aside the medical report dated 11-07-2024 and review the medical report dated 15-07-2024, a Division Bench of Rekha Palli* and Shalinder Kaur, JJ. directed the examination of the petitioner by a fresh Medical Board within one week and also directed the respondents to examine para 5.3 of the Guidelines of Recruitment Medical Examination in Central Armed Police Forces and Assam Rifles (‘Guidelines’) because as per the Court’s opinion, a period of six weeks was extremely short for a female candidate to regain her medical fitness after a pregnancy. Read more<\/a><\/p>\n

‘Role of Md. Haneef was to help in publication of ‘Islamic Movement’ magazine as a proofreader, not author’; Delhi HC grants bail to alleged member of SIMI<\/p>\n

In an application filed to seek regular bail in a First Information Report (‘FIR’) registered under Sections 153-A<\/a>\/153-B<\/a>\/120-B<\/a>\/34<\/a>\/1741 of the Penal Code, 1860<\/a> (‘IPC’) and Sections 3<\/a>\/10<\/a>\/13<\/a> of the Unlawful Activities (Prevention) Act, 1967<\/a> (‘UAPA’), a Single Judge Bench of Manoj Kumar Ohri, J. considered the fact that the name of the applicant surfaced after 22 days of registration of the FIR and directed to release him on regular bail. Read more<\/a><\/p>\n

[Amul v. Amuleti] Delhi HC grants interim relief to Gujarat Co-operative Milk Marketing Federation Ltd; restrains Terre Primitive from using marks\/logos similar to ‘AMUL’<\/p>\n

In an application filed under Order 39<\/a> Rules 1<\/a> and 2<\/a> of the Civil Procedure Code, 1908<\/a> seeking temporary injunction, Mini Pushkarna, J., stated that the plaintiffs had demonstrated a prima facie case for grant of injunction and if no ex parte ad interim injunction was granted, the plaintiffs would suffer an irreparable loss. Further, balance of convenience also was in favour of the plaintiffs, and against the defendants. Read more<\/a><\/p>\n

GUJARAT HIGH COURT<\/p>\n

Read why Gujarat HC directed Revenue Tribunal’s Chairman to step down for passing ‘diametrically’ opposite orders, whilst State decides on conduct<\/p>\n

A set of two special civil applications were filed against Gujarat Revenue Tribunal’s order for passing two diametrically different\/opposite orders more particularly on the aspect of condonation of delay, while hearing appeals against District Collector’s ‘common order’ in tenancy matter. Nikhil S. Kariel*, J. noted that the Chairman, Gujarat Revenue Tribunal had passed two diametrically different orders with regard to a ‘common’ impugned order, hence, directed him to not hear or decide any applications and not to take any administrative decisions till the State would finally take a decision on the aspect that whether he should continue in his position. The Court directed the State to direct him to step down on an administrative leave till the final decision is taken by the State on his conduct. Read more<\/a><\/p>\n

In case of no settlement or compromise between parties, Lok Adalat to return matter to Court for disposal: Gujarat HC reiterates<\/p>\n

In a criminal appeal against the Trial Court’s judgment and order, whereby the complaint against the accused for cheque bounce was dismissed by the Magistrate while sitting in a Lok Adalat jurisdiction, M.K Thakker, J. allowed the appeal and set aside the impugned decision and restored the matter. The Court directed the Trial Court to dispose of the matter as expeditiously possible, preferably within eight months from the date of this order, after providing reasonable opportunity to the parties to adduce their evidence, as the same has been pending since 2013. Read more<\/a><\/p>\n

HIMACHAL PRADESH HIGH COURT<\/p>\n

Transgender persons cannot invoke Section 69<\/a> of BNS<\/a>: Himachal Pradesh HC grants bail to a man accused of sexual intercourse on false promise of marriage<\/p>\n

In a petition filed by the petitioner-accused for confirmation of interim bail granted vide order dated 14-08-2024 in a case registered under Section 69<\/a> of the Nyaya Sanhita, 2023<\/a> (‘BNS’) and Section 18(d)<\/a> of the Transgender Persons (Protection of Rights) Act, 2019<\/a> (‘the Act’), Sandeep Sharma, J., after perusal of Section 69<\/a> of the BNS<\/a> coupled with Sections 1541 and 1642 of the Criminal Procedure Code, 1973<\/a> (‘CrPC’), wherein the victim specifically admitted herself to be a transgender, stated that no case was made out against the accused under Section 69<\/a> of the BNS<\/a>. Read more<\/a><\/p>\n

Himachal Pradesh High Court dismisses application to reject Dr Abhishek Manu Singhvi’s petition challenging Rajya Sabha elections<\/p>\n

In the present application filed by the respondent under Order 7<\/a> Rule 11<\/a> read with Section 151<\/a> of the Civil Procedure Code, 1908<\/a> read with Sections 81<\/a>, 83<\/a>, 86<\/a> and 87<\/a> of the Representation of the People Act, 1951<\/a> (‘the RP Act’), seeking rejection of Election Petition filed by the petitioner, Jyotsna Rewal Dua, J., stated that the fact that whether the actions of the petitioner during proceedings for counting of votes, amount to consent\/acceptance on his part to the procedure applied by the RO, and whether the petitioner was debarred in law to plead cause of action that the RO had infracted Section 65<\/a> of the RP Act<\/a> and erroneously applied Rules 75(4) and 81(3) of the Conduct of Election Rules, 1961 (‘the Rules’) were to be considered and deliberated upon at an appropriate stage of the trial\/petition. Read more<\/a><\/p>\n

KARNATAKA HIGH COURT<\/p>\n

Karnataka HC grants bail to 4 accused persons charged for alleged involvement in the murder of journalist Gauri Lankesh<\/p>\n

The single Judge Bench of S. Vishwajith Shetty, J.*, on 4-9-2024 granted bail to 4 accused persons charged for their alleged involvement in the murder of journalist Gauri Lankesh in 2017. The accused persons were charged for offences punishable under Sections 302<\/a>, 120-B<\/a>, 118<\/a>, 203<\/a> & 35<\/a> of Penal Code, 1860<\/a>; Sections 25(1)<\/a> & 27(1)<\/a> of the Arms Act, 1959<\/a>, and Sections 3(1)(i)<\/a>, 3(2)<\/a>, 3(3)<\/a> & 3(4)<\/a> of the Karnataka Control of Organized Crimes Act, 2000<\/a> (COCA Act). Read more<\/a><\/p>\n

Compassionate Appointment | ‘Family’ defined as a matter of policy to exclude daughter-in-law; Courts can’t expand\/constrict the statutory definition: Karnataka HC<\/p>\n

While considering the instant petition challenging the non-consideration of the petitioner’s candidature for compassionate appointment, the Division Bench of Krishna S. Dixit* and Vijaykumar A. Patil, JJ., stated that law makers as a matter of policy have framed the definition of ‘family’ to include specific relatives of the employee dying in harness and the daughter-in-law is not one of them. It is therefore not within the domain of Courts to expand or constrict a statutory definition. Read more<\/a><\/p>\n

MADRAS HIGH COURT<\/p>\n

Madras HC directs Veterinary University to consider application of transgender person for admission under Special Category<\/p>\n

In a writ petition filed against the prospectus issued by Tamil Nadu Veterinary and Animal Sciences University (‘University’) , for the Admission Notification for Undergraduate Degree Programmes 2024-2025 and quash the same as illegal for not categorizing transgenders under special category and further, to direct the University to admit the petitioner in Bachelor of Veterinary Science and Animal Husbandry Course under Special Category as Transgender, M. Dhandapani, J. without interfering with the impugned Admission Notification issued by the University directed it to consider the application of the petitioner and place the petitioner appropriately within a period of two weeks from the date of receipt of a copy of this order. Read more<\/a><\/p>\n

Filing of written statement after expiry of 30 days can be accepted only if there is an application in writing for condonation of delay: Madras HC<\/p>\n

In a civil revision petition filed under Article 227<\/a> of the Constitution of India<\/a>, against the order passed by the Additional District and Sessions Court and set aside the same, G.R. Swaminathan, J. said that Order 7 Rule 11 CPC provides for rejection of plaint. There is no provision for rejection of a written statement. Thus, the question of invoking inherent jurisdiction for this purpose does not arise. Thus, the Court upheld the Trial Court order to this extent. However, the Court said that the reception of the written statement is not in order. Thus, the Court set aside the order dated 02-08-2023 and said that as the order dated 02-08-2023 has been set aside the petition for rejection of written statement becomes infructuous. Read more<\/a><\/p>\n

Can a writ court entertain a petition seeking ordinary leave for prisoners if it is filed before the expiry of statutory period? Madras HC answers<\/p>\n

In a writ petition filed directing the Director General of Police to grant 28 days ordinary leave without escort to the petitioner’s husband, who is a convict prisoner confined at Central Prison, S.M. Subramaniam, J. held that the writ petitions filed prematurely before expiry of the statutory time limit of 28 days as contemplated under the Tamil Nadu Suspension of Sentence Rules, 1982 (‘Rules, 1982’) are not entertainable for grant of ordinary leave. Applications for emergency leave are to be considered forthwith by the Competent Authority without causing any delay. An order of rejection of leave application would provide a cause for instituting the writ petition challenging the same. Read more<\/a><\/p>\n

ORISSA HIGH COURT<\/p>\n

Whether ‘tractor-trailer’ sans ‘motor’ falls under ‘motor vehicle’ and is amenable to entry tax under Odisha Entry tax Act? Orissa HC answers<\/p>\n

In a set of two sales tax revision applications dealing with the issue that- whether a ‘tractor trailer’ is a ‘motor vehicle’ for the purposes of Section 2 (h)<\/a> of the Odisha Entry tax Act, 1999<\/a> (‘OET Act’) and is it amenable to entry tax, the Division Bench of Arindam Sinha and M.S. Sahoo, JJ. allowed the petition and answered the issue in negative.Read more<\/a><\/p>\n

‘Anathema to democratic & orderly society’; Orissa HC grants bail to young woman lawyer over alleged custodial assault, harassment<\/p>\n

In a bail application for a young practising lawyer (petitioner- accused) who suffered at the hands of police and sustained injuries, Aditya Kumar Mohapatra, J. accepted the hearing of the matter on special notice concerning the gravity and seriousness of the matter and directed to release her on bail.Read more<\/a><\/p>\n

RAJASTHAN HIGH COURT<\/p>\n

[Right to fair & speedy trial] Rajasthan High Court quashes corruption charges against 100-year-old man and his 96-year-old wife due to 18-years Trial delay<\/p>\n

In a criminal miscellaneous petition challenging the 10 years delay in trial process and seeking the quashment of the charges in the alleged corruption case, a single-judge bench of Arun Monga, J., quashed the charges against petitioner 2 (father), petitioner 3 (mother), and petitioner 4 (wife), citing the prolonged delay, lack of evidence, and the health conditions of the elderly parents and ordered the trial for petitioner 1 to continue with priority. Read more<\/a><\/p>\n

Mere pendency of criminal case, where negative final report has been filed, not a ground to refuse passport: Rajasthan High Court<\/p>\n

In a petition filed by the petitioner, the accused, seeking a directive from the Court directing the respondents, passport authorities, to issue him a passport, a single-judge bench of Dinesh Mehta, J., held that the pendency of a criminal case, where a negative final report had been filed, did not justify the refusal to issue a passport and directed the passport authorities to issue the passport to the petitioner if he was otherwise eligible. Read more<\/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":331510,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[46069,45673],"tags":[2822,73141,2569,2689,5181,2728,2543,70147,2523,2567,73383,37146,73384,2575,6191,73385],"class_list":["post-331461","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-amuleti","tag-Bombay_High_Court","tag-Calcutta_High_Court","tag-compassionate-appointment","tag-compensation","tag-Delhi_High_Court","tag-high-court-weekly-round-up-october-2024","tag-Kerala_High_Court","tag-Madras_High_Court","tag-medical-certificates","tag-orissa-high-court","tag-parole-amul","tag-Rajasthan_High_Court","tag-sexual-assault","tag-ssb-medical-exam"],"yoast_head":"\nHigh Court Weekly Round Up September 2024 | SCC Blog<\/title>\n<meta name=\"description\" content=\"High Court Weekly Round Up September 2024 with stories on\" \/>\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\/2024\/09\/22\/high-court-weekly-round-up-september-2024-legal-news\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"HIGH COURT SEPTEMBER 2024 WEEKLY ROUNDUP| Stories on Lawyer\u2019s Custodial Assault; 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