{"id":334793,"date":"2024-11-10T12:00:24","date_gmt":"2024-11-10T06:30:24","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=334793"},"modified":"2024-11-10T11:56:35","modified_gmt":"2024-11-10T06:26:35","slug":"high-court-november-2024-weekly-roundup","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2024\/11\/10\/high-court-november-2024-weekly-roundup\/","title":{"rendered":"HIGH COURT NOVEMBER 2024 WEEKLY ROUNDUP| Stories on North-East Delhi Riots; Siddha Medicine; Spousal Privacy and more"},"content":{"rendered":"
\n

Cruelty<\/p>\n

Husband’s second marriage causes emotional distress, amounting to cruelty; Madras High Court upholds compensation to Muslim wife<\/p>\n

In civil revision petition filed against the order directing the husband to pay a sum of Rs.5 Lakhs as compensation for having inflicted domestic violence on his wife and a sum of Rs.25,000\/- per month towards the maintenance of the minor child, G.R. Swaminathan, J. concluded that the husband failed to obtain a judicial declaration confirming the legal dissolution of his marriage with the wife, meaning their marriage remains valid. Although the husband, as a Muslim, has the right to marry again, he must face the consequences of his actions. The Court determined that entering into a second marriage likely inflicted significant emotional distress and pain on the wife, amounting to cruelty. As a result, the lower courts were justified in awarding her compensation of Rs. 5 lakhs. Read more<\/a><\/p>\n

Writ of Mandamus<\/p>\n

Madras High Court directs State to bar practice of Siddha Medicine by Tamil University Diploma holders<\/p>\n

In a writ petition filed seeking issuance of a writ of Mandamus directing the police not to interfere with the running of Siddha Clinic by the petitioner at Kottara Street, B. Pugalendhi, J, said that it is clear that the petitioner is making a claim based on a forged certificate. Even if the certificate is legitimate, the petitioner cannot still practice Siddha Medicine, as it is not for practicing. Thus, the Court denied granting any relief to the petitioner. Further, it directed the Inspector of Police to proceed further with the investigation and take appropriate action, in accordance with the law. Read more<\/a><\/p>\n

Right to travel abroad<\/p>\n

Pending departmental inquiry is not a ground to deny Fundamental Right to travel abroad under Article 21: Rajasthan High Court<\/p>\n

In a writ petition filed by the petitioner, who is facing a pending departmental enquiry, challenging the department’s refusal to allow him to travel Singapore to visit his son on the ground that it deprives his right to travel abroad, a Single-judge bench of Anoop Kumar Dhand, J., acknowledged the petitioner’s fundamental right under Article 21 and, i.e., right to travel as an essential aspect of personal liberty and directed the respondent department to permit the petitioner to travel to Singapore under specific conditions. Read more<\/a><\/p>\n

Contempt proceedings<\/p>\n

Delhi High Court dismisses contempt proceedings by GAIL India Limited recognizing reasonable efforts amid insolvency challenges<\/p>\n

The present set of petitions were filed by GAIL India Limited (petitioners) under Section 12<\/a> of the Contempt of Courts Act, 1971<\/a>, read with Article 215 seeking issuance of an appropriate action against the respondents for the deliberate and wilful disobedience of the order dated 30-01-2015 passed by the Court relating to the renewal of bank guarantees (ABGs) by the respondents. Dharmesh Sharma., dismissed the petition on the grounds that there was no intentional, wilful or contumacious neglect on the part of the respondents in complying with the directions of this Court dated 30-01-2015. Read more<\/a><\/p>\n

Framing of charges<\/p>\n

Delhi High Court directs fresh hearing on charge framing after FSL-verified video evidence surfaces<\/p>\n

A petition was filed under Section 528<\/a> of the Bharatiya Nagarik Suraksha Sanhita, 2023<\/a> (BNSS) challenging order dated 08-10-2021 made by Additional Sessions Judge (FTSC) (RC), South-West District, Dwarka Courts, Delhi in FIR dated 21-12-2020 registered under sections 376<\/a>, 328<\/a>, 354-C<\/a>, 506<\/a> and 509<\/a> of Penal Code, 1860<\/a> (‘IPC’) at P.S. Najafgarh, Delhi, whereby the Sessions Court has been pleased to frame charges against the petitioner under sections 376, 328, 354-C, 385 and 506 IPC. Anup Jairam Bhambhani, J., held that the matter be remanded back to the Sessions Court for a fresh hearing on the question of framing of charges. Read more<\/a><\/p>\n

Arrest warrant against Nokia Solutions<\/p>\n

Rajasthan High Court dismisses Execution Proceeding & arrest warrant against Nokia Solutions & Networks India (P) Ltd, an uninvolved party<\/p>\n

In a petition challenging the order passed by the District Consumer Disputes Redressal Commission continuing the execution proceedings after the complainant sought withdrawal and issuance of an arrest warrant against the petitioner, who was not involved in the original transaction, a single-judge bench of Arun Monga, J., held that the penalties, under Section 72<\/a> of the Consumer Protection Act, 2019<\/a> (Consumer Protection Act), apply only to parties directly responsible for compliance with Consumer Commission orders, not to unrelated parties. The Court set aside the impugned order, dismissed the execution petition, and vacated the bailable warrant against the petitioner. Read more<\/a><\/p>\n

Traffic Challans<\/p>\n

Delhi High Court| Personal appearance of Company’s CEO not required for traffic challans disposal related to company vehicles<\/p>\n

A petition was filed under Section 530<\/a> of the Bharatiya Nagarik Suraksha Sanhita, 2023<\/a> (BNSS) for quashing of orders dated 19-07-2024 and 27-07-2024 passed by learned JMFC-02 (South), Saket Courts, Delhi whereby MD\/CEO of Benetton India Private Limited (petitioner) was directed to appear in the proceedings taken up for disposal of traffic challans, which were issued for over speeding in respect of a vehicle registered in the name of the Benetton India. Anoop Kumar Mendiratta, J., directed that the MD\/CEO of the company to appear solely for the disposal of traffic challans pertaining to the company-registered vehicle is uncalled for and does not align with the principles of judicial economy. Read more<\/a><\/p>\n

Void Marriage<\/p>\n

Himachal Pradesh HC directs State to register names of children born from void marriage in Panchayat record<\/p>\n

In a petition filed by three minor children aged 12, 9 and 5 years (‘petitioners’), respectively, through their mother-natural guardian seeking direction to the respondents to enter their names in the Panchayat record i.e. Birth Register and Pariwar Register, Jyotsna Rewal Dua, J., stated that the petitioners were living beings and the fact that they were there, needed to be acknowledged in law. Hence, their names were required to be entered in the record of Panchayat concerned. The Court stated that entering the names of the petitioners in the Panchayat Record i.e. would be in consonance with the provisions of Section 16<\/a> of the Hindu Marriage Act, 1955<\/a> (‘HMA’). The objection of the respondents that since the marriage between the parents of the petitioners could not be registered, so the petitioners’ name could not be entered in the Panchayat Record was clearly misconceived and violated the import of Section 16(1) of the HMA. Read more<\/a><\/p>\n

Bail<\/p>\n

Delhi High Court grants bail to property dealer accused of death of Head Constable during 2020 North-East Delhi Riots Case<\/p>\n

A petition was filed seeking grant of regular bail under Section 439<\/a> of the Criminal Procedure Code, 1973<\/a> (CrPC) now Section 483<\/a> of Bharatiya Nagarik Suraksha Sanhita, 2023<\/a> (“BNSS”) in FIR dated 26-02-2020 registered at Police Station- Dayalpur for offences punishable under Sections 186<\/a>, 353<\/a>, 332<\/a>, 333<\/a>, 323<\/a>, 109<\/a>, 144<\/a>, 147<\/a>, 148<\/a>, 149<\/a>, 153A<\/a>, 188<\/a>, 336<\/a>, 427<\/a>, 307<\/a>, 302<\/a>, 308<\/a>, 201<\/a>, 120B<\/a> and 34<\/a> of Penal Code, 1860<\/a> (“IPC”) read with Sections 3<\/a> and 4<\/a> of the Prevention of Damage to Public Property Act, 1984<\/a> (“PDPP Act”). Chandra Dhari Singh, J., granted regular bail, on furnishing a personal bond in the sum of Rs. 50,000\/- with one surety in the like amount, subject to the satisfaction of the Court concerned subject to few conditions. Read more<\/a><\/p>\n

Quashing of Charges<\/p>\n

Rajasthan High Court quashes Grievous Hurt charge against temple security in altercation at Eklingji Temple; allows trial for remaining offences<\/p>\n

In a petition seeking quashment of charges filed against Eklingji Temple, Kailashpuri security personnel, a single-judge bench of Arun Monga, J., emphasised that the sufficiency of evidence for the allegations is a matter for the trial court, but partly allowed the petition, quashed Section 117(2)1 of the Bharatiya Nyaya Sanhita, 2023<\/a> (BNS) based on the lack of grievous injury and directed to proceed with remaining charges. Read more<\/a><\/p>\n

Kerala High Court quashes criminal case against director Sreekumar Menon filed by film actress<\/p>\n

In a petition filed by film and Ad director Sreekumar Menon to quash the proceedings in the criminal case filed by a Malayalam movie actress against him for offences of stalking, obscenity or intent to insult a woman’s modesty, S. Manu, J. held that no offence had been committed under Sections 354D, 294(b), and 509 of IPC, and Section 120(o) of the Kerala Police Act. Read more<\/a><\/p>\n

Abetment of suicide<\/p>\n

Delhi High Court| Difficult employment decisions by employers do not constitute abetment u\/Section 306 IPC in absence of mens rea<\/p>\n

The petitions were filed seeking to quash the order dated 17-09-2014 passed by the Metropolitan Magistrate (‘MM’), Tis Hazari Courts, Delhi summoning the petitioners in FIR filed under Section 306<\/a> of Penal Code, 1860<\/a> (‘IPC’), registered at PS IP Estate. Amit Sharma, J., allowed the present petitions and set aside the summoning order as the allegations did not meet the threshold required to invoke the provisions of Section 306 IPC. Read more<\/a><\/p>\n

Obscenity<\/p>\n

‘Every nude painting is not obscene’; Bombay HC directs Custom Officials to release confiscated artworks of FN Souza and Akbar Padamsee<\/p>\n

In the present case, petitioner challenged the order dated 01-07-2024 issued by Respondent 3, the Assistant Commissioner of Customs (‘ACC’) for confiscating the drawings by world-renowned artists, FN Souza and Akbar Padamsee on the ground that such artworks were “obscene”. Apart from confiscating the artworks, the impugned order dated 01-07-2024 also imposed a fine of Rs 50,000 on petitioner, being an importer. The Division Bench of M.S. Sonak* and Jitendra Jain, JJ., opined that every nude painting or every painting depicting some sexual intercourse poses could not be styled as obscene. The Court thus held that the impugned order was unsustainable and must be quashed and set aside and further, directed Respondent 3 to release the confiscated artworks to petitioner. Read more<\/a><\/p>\n

Unlawful employment<\/p>\n

Prisoners are not slaves and must not endure inhumane treatment; Madras HC directs State to prevent unlawful employment for household tasks by prison officials<\/p>\n

In a writ petition filed for issuing directions to the Home, Prohibition and Excise Department, Director General of Prisons and Correctional Service, and Deputy Inspector General of Prisons to provide proper medical treatment to the petitioner’s son., a convict prisoner, confined in the Central Prison, Vellore, the division bench of S.M. Subramaniam and V. Sivagnanam, JJ. gave the following directions. Read more<\/a><\/p>\n

Privacy<\/p>\n

Fundamental right to privacy includes spousal privacy; Evidence obtained through violation is inadmissible: Madras High Court<\/p>\n

In civil revision petition filed under Article 227<\/a> of the Constitution of India<\/a>, to set aside the order passed by the Subordinate Court, G.R. Swaminathan, J. while setting aside the impugned order, held that privacy as a fundamental right includes spousal privacy also and evidence obtained by invading this right is inadmissible. Read more<\/a><\/p>\n

Using recorded telephonic conversation between wife and her mother as evidence violates right to privacy, thus not admissible as evidence: Himachal Pradesh HC<\/p>\n

In a petition filed by the petitioner (‘husband’) challenging the impugned judgment dated 17-11-2022, whereby the Trial Court rejected an application under Section 65-B1<\/a> of the Evidence Act, 1872<\/a> (‘IEA’) read with Section 14<\/a> of the Family Court Act, 1984<\/a> (‘Family Court Act’), Bipin Chandra Negi, J., stated that a telephone conversation was an important facet of an individual’s private life. The right to hold a telephone conversation in the privacy of one’s home\/office without interference could certainly be claimed as a “Right to Privacy.” Thus, the Court stated that in the present case, recorded conversation of the respondent (‘wife’) with her mother, which was sought to be placed on record, was illegal, as it amounted to infringement of her right to privacy. Since the aforesaid recording was illegal, therefore, it was not admissible in evidence. Read more<\/a><\/p>\n

Arrest<\/p>\n

Bombay HC declares arrest illegal as grounds of arrest were communicated to accused’s wife but not to the accused<\/p>\n

In the present case, petitioner sought a declaration that his arrest in relation to FIR dated 31-10-2023, registered at Karad City Police Station, Satara was illegal and in gross violation of the fundamental rights guaranteed to him under Articles 21 and 22<\/a> of the Constitution<\/a> and he also sought a declaration that the consequential remand order dated 01-11-2023 and all the subsequent remand orders passed by the JMFC, Karad, were null and void and were in violation of fundamental rights guaranteed to him under the Constitution. Read more<\/a><\/p>\n

Communal violence<\/p>\n

Calcutta HC asks Police to submit report on alleged communal violence during Durga Puja and Lakshmi Puja celebrations in West Bengal<\/p>\n

A PIL was filed raising concerns regarding communal violence in West Bengal during the Durga Puja and Lakshmi Puja celebrations in October 2024. A Division bench of Hiranmay Bhattacharya, and Md. Shabbar Rashidi, JJ., directed the Superintendents of Police of the districts concerned as well as the Commissioners of Police of the Police Commissionerate concerned to submit a report with regard to steps taken pursuant to the complaints which have been disclosed before the Director General of Police, West Bengal being the fourth respondent on or before 11-11-2024. Read more<\/a><\/p>\n

Defamation<\/p>\n

Delhi High Court directs removal of News18 Video over alleged defamatory remarks by BJP spokesperson against Congress representative<\/p>\n

A suit was filed by the plaintiff who is a national spokesperson of the Indian National Congress, dentist by profession and Chairperson and Trustee of Zoya Charitable Trust, an NGO seeking permanent and mandatory injunction along with damages and compensation on account of defamation committed by a national spokesperson of the BJP (defendant 1) and an Indian Media conglomerate ‘TV-18’ (defendant 2). Vikas Mahajan, J., issued an ad-interim injunction, ordering the media conglomerate to remove the defamatory video from Google’s platform within two weeks and if the company fails to comply, the plaintiff is allowed to approach Google directly, which must then act within 36 hours to restrict access to the video. Read more<\/a><\/p>\n

MP High Court refuses to quash MP Vivek Tankha’s defamation case against Union Minister Shivraj Singh Chouhan<\/p>\n

In a petition filed under Section 482<\/a> of the Criminal Procedure Code, 1973<\/a> (CrPC) by the applicants, including MP Shivraj Singh Chouhan, to quash the Judicial Magistrate’s order initiating defamation proceedings against them based on private complaint made by Vivek Krishna Tankha, a senior advocate and Member of Parliament (MP), a single-judge bench of Sanjay Dwivedi, J., held that the issue of evidence admissibility should be determined during the trial, not at the preliminary stage of complaint registration and upheld the Judicial Magistrate’s order issuing summon and initiating defamation proceedings. Read more<\/a><\/p>\n

Printout of screenshots of Facebook defamatory posts not sufficient to prove that it is made from a fake account: Bombay HC<\/p>\n

The present application was filed for quashing proceedings in a case pending before the Judicial Magistrate First Class, Ahmedpur, Latur arising out of FIR dated 02-08-2018 registered with Police Station, Ahmedpur, for the offence punishable under Section 66-C<\/a> and 67<\/a> of the Information Technology Act, 2000<\/a> (‘IT Act, 2000’). The Division Bench of Vibha Kankanwadi* and S.G. Chapalgaonkar, JJ., stated that it could not be concluded without any evidence that applicant would have been the only person behind creation of fake Facebook accounts, from which alleged defamatory posts were made in respect of Respondent 2, his family members including applicant’s wife. The Court opined that print of screenshots of Facebook would not prove that the said post was created from an alleged fake account. Read more<\/a><\/p>\n

Strike<\/p>\n

Rajasthan High Court puts end on resident doctors’ strike recognising impact on medical services in State<\/p>\n

In a petition challenging the strike by resident doctors from Jaipur’s S.M.S. Hospital and other affiliated hospitals in Rajasthan on the ground that it endangers public health and thereby, violating Article 21<\/a> of the Constitution of India<\/a>, a single-judge bench of Sameer Jain, J., directed an immediate end to the doctors’ strike, recognising the public health impact. Read more<\/a><\/p>\n

Intellectual Property Case<\/p>\n

Bombay HC grants interim injunction in favour of Sketchers in trade mark infringement case against Wardrode<\/p>\n

The present suit was filed for infringement of trade mark, copyright in relation to plaintiffs’ trade marks including the trade marks SKECHERS (word per se) and plaintiffs’ Artistic Works, and for passing off. A Single Judge Bench of R.I. Chagla, J., held that pending the hearing and final disposal of the suit, defendants were restrained by a perpetual order and injunction of this Court from using or causing to be used plaintiffs’ artistic works or any other artistic work identical or similar to plaintiff’s artistic works in relation to the impugned goods or any goods or in any manner from manufacturing, marketing or offering for sale, advertising or dealing in any goods bearing plaintiffs’ artistic works or any other artistic work identical or similar to plaintiff’s artistic works so as to infringe plaintiff’s copyright subsisting in plaintiff’s artistic works. Read more<\/a><\/p>\n

Delhi High Court grants injunctions to Zee Entertainment for copyright protection; Blocks unauthorized streaming of ‘Zee5’ Content<\/p>\n

A suit was filed by Zee Entertainment Enterprises Limited (plaintiff) a reputed broadcaster, production house and film studio, who also owns and operates the Zee Channels and the digital entertainment platform\/streaming service called ‘Zee5’ seeking permanent injunction, rendition of accounts and damages, on account of blatant piracy of the plaintiff’s works and infringement of copyright and broadcast reproduction rights of the plaintiff. Mini Pushkarna, J., restrained defendant 1 to 60, their owners, partners, officers others in capacity of principal or agent acting for and on their behalf, or anyone claiming through, by or under it, from communicating, hosting, streaming, and\/or making available for viewing and downloading, without authorization, on their websites or other platforms, through the internet in any manner whatsoever, the plaintiff’s works so as to infringe the plaintiff’s exclusive rights and broadcast reproduction rights. Read more<\/a><\/p>\n

SC\/ST Act<\/p>\n

‘Cases of this nature where provisions are grossly misused, genuine complaints goes into oblivion’; Jharkhand HC quashes criminal proceedings against man accused under SC\/ST Act<\/p>\n

In a petition filed by the petitioner to quash the criminal proceedings pending against him, Sanjay Kumar Dwivedi, J., stated that under Section 4821<\/a> of Criminal Procedure Code, 1973<\/a> (‘CrPC’) and Article 226<\/a> of the Constitution<\/a>, the Court had wide power to quash the proceedings even in non-compoundable offences in order to prevent abuse of process of law and to secure ends of justice. The Court further stated that apart from the fact that abuses were not hurled in public, the timing of the complaint was required to be noticed. The litigations initiated by the victim was sought to misuse the provisions and abuse the process of law, only to wreak vengeance. It was due to the cases of this nature where the provisions of the Act were grossly misused, at times, genuine complaints of people who have actually suffered such abuses, would go into the oblivion. Read more<\/a><\/p>\n

Mental cruelty<\/p>\n

Repeatedly demeaning husband’s religious beliefs, insulting his gods and humiliating him amounts to mental cruelty: Chhattisgarh High Court upholds divorce<\/p>\n

In an appeal against the judgment and decree dated 05-04-2023, passed by the Principal Judge, Family Court Bilaspur, whereby the application for divorce under Hindu Marriage Act, 1955<\/a> (‘HMA’) filed by the respondent (‘husband’) for grant of decree of divorce, was allowed, the Division Bench of Rajani Dubey* and Sanjay Kumar Jaiswal, JJ., stated that a close scrutiny of oral and documentary evidence and admission of wife in her statement made it clear that she regularly visited the Church and in the last 10 years, she had not followed the Hindu religion and also did not take part in Hindu Puja. The Court stated that the present case was not of a marriage between individuals of two different religions, where a mutual understanding of faith practices would be expected. Here, the husband had argued that his wife repeatedly demeaned his religious beliefs, insulted his gods, and humiliated him. The Court opined that such behaviour from wife, who was expected to be ‘Sahadharmini’ amounted to mental cruelty towards a devout Hindu spouse. 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":67512,"featured_media":334798,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[46069,45673],"tags":[30948,75079,75078,75084,75080,46946,75081,75082,75083,18071],"class_list":["post-334793","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-high-court-round-up","category-columns-for-roundup","tag-abetment-to-suicide","tag-high-court-november-2024","tag-high-court-november-2024-weekly-roundup","tag-indian-high-court-rulings","tag-north-east-delhi-riots-case","tag-right-to-go-abroad","tag-siddha-medicine-ruling","tag-sketchers-trademark-infringement","tag-spousal-privacy-rights","tag-trademark-infringement"],"yoast_head":"\nHigh Court November 2024 Weekly Roundup: North-East Delhi Riots, Siddha Medicine, Sketchers Trademark Infringement, Spousal Privacy & More | SCC Times<\/title>\n<meta name=\"description\" content=\"Catch up on latest High Court rulings from November 2024 first week, covering key cases like the North-East Delhi riots, Siddha medicine, Sketchers trademark infringement, spousal privacy, and more.\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.scconline.com\/blog\/post\/2024\/11\/10\/high-court-november-2024-weekly-roundup\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"HIGH COURT NOVEMBER 2024 WEEKLY ROUNDUP| Stories on North-East Delhi Riots; 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