Here’s a short recap of what we covered under the High Court’s section on the SCC Online Blog for the month of July 2021. In case, you missed out on catching up with some interesting cases, then, you have clicked on the right post to be read.
Go ahead and check out the July updates of 2021!
Allahabad High Court
Virtual Hearings
Advocate addressing Court while riding a scooter: Allahabad HC declines to hear the matter.
Section 138 NI Act
All HC reiterates scope of inherent powers to quash a S. 138 NI Act complaint. Imposes exemplary costs for filing petition as an after thought
Gangs | Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986
All HC | What are the conditions to constitute a “Gang”? Are the two parts of definition mutually exclusive? Read HC’s opinion
Murder
Man murdered wife and 4 minor daughters and burned them. Will this case fall under rarest of rare category? Allahabad HC decides
Defamation
All HC | Onus of proving ingredients under the First Exception, S. 499 IPC is on the accused; Defence being a question of fact cannot be claimed at the stage of issuance of summons
Andhra Pradesh High Court
Section 498-A of Penal Code, 1860
AP HC | Is girlfriend or concubine a “relative” of husband, liable to be prosecuted for cruelty under S. 498-A IPC? Court decides
https://www.scconline.com/blog/post/2021/07/20/cruelty-5/
Bombay High Court
Adoption
Whether adoption can be restricted only to children in conflict with law, or in need of care and protection, or who are orphaned, abandoned or surrendered under provisions of JJ Act and Adoption Regulations? Elaborate report
Right to Property
Right to Property under Art. 300 A – A Human and Constitutional Right? Court decides in a dispute of construction of National Highway [Land Owners v. State]
Cooling Period under Hindu marriage Act
Is the 6 months period stipulated under S. 13-B(2) of Hindu Marriage Act mandatory or relaxation in exceptional situations is permitted? Read on
Bribe | Prevention of Corruption Act
Mere recovery of tainted money without sufficient evidence to prove payment of bribe or to show voluntary receipt of money. Can accused be convicted under Prevention of Corruption Act? Read on
Homebuyers & Builders
Builders taking flat purchasers for a ride, taking money but not delivering flats: Court asks builders to prove they are paupers, show standard of living bears out the same
Cheating
For the offence of cheating under Penal Code, 1860, is intention of cheating important from inception? Read on
Departmental Enquiry
Departmental enquiry and criminal proceedings can go on simultaneously: Court refuses to quash departmental enquiry
Calcutta High Court
Senior Citizens’
Children living in parents’ house are at best licensees: Cal HC says senior citizens’ exclusive residentiary rights to be viewed from prism of Art. 21
Bengal Post Poll Violence
NHRC submits final report; Arguments to begin from 22-07-2021
There is more to conceal than to reveal, NHRC flooded with complaints when State claimed otherwise; Court issues directions
Chhattisgarh High Court
Bail
Right of default bail under S. 167(2) CrPC cannot be defeated by subsequent filing of charge-sheet on same day
Undertrial Prisoners
Undertrial prisoners facing trial under PCA/PMLA, cases investigated by CBI/ED/NIA/ SFIO etc. are not entitled to be released
Hindu Succession Act
When can a property be said to be “possessed” by a Hindu female as provided in S. 14(1) of Hindu Succession Act? Court answers
Delhi High Court
Trademark Disputes
Are trademark disputes arbitrable? Court interprets S. 8 of Arbitration Act; differentiates between rights emanating from Trademark Act and Trademark Agreement
Justice
Justice to which mercy is alien is no justice at all: HIV + BSF Personnel granted relief on his transfer order || HC deals with a notable situation
Stray Dogs
Stray Dogs have right to food and citizens have right to feed | Indispensable 22 Guidelines on Feeding of Stray Dogs [Momentous Ruling]
Domain Infringement
Domain Name infringement | Case of identical registered domain names: Delhi HC grants interim injunction in favour of Tatas
Arbitral Award
Ambiguity in contractually stipulated obligations favours whom? Court discusses while refusing interference in arbitral award
Chief Minister’s Advocates Welfare Scheme
CM Advocates Welfare Scheme: Only for the Advocates enrolled with Voter ID of Delhi? HC enumerates significance of Place of Practice v. Place of Residence
Whether a Chief Minister’s promise to its citizens is enforceable? Succinct report in light of Delhi CM’s ‘Promise’ | Highlight on Doctrines of Promissory Estoppel & Legitimate Expectations
Grant of Probate
Under S. 263 of Succession Act, can a person approach High Court for grant of probate or letter of administration or revocation or annulment? HC addresses the issue
Contract Act
Can ‘Pawnor’ under Ss. 172/176 of Contract Act be made liable for repayment of entire debt, in absence of any guarantee being furnished? Succinct Report
Does Exception 3 to S. 28 of Contract Act deal with claim period within which beneficiary is entitled to lodge claim? Court discusses
Bail
Does a provision after being declared unconstitutional, gets repealed or wiped out from statute book? HC answers
Hindu Marriage Act
Can members of Scheduled Tribes following Hindu customs claim to be kept out of purview of HMA? HC answers; highlights need for Uniform Civil Code
AYUSH teachers
De-certification of AYUSH teachers; HC sets aside CCIM’s order de-certifying “Teacher Code” of practitioners for working outside their State of registration
Gauhati High Court
COVID-19 Vaccination
Priority vaccination for persons with disabilities; HC issues directives to Arunachal Pradesh Government
In case they get infected, they will become spreaders; HC directs Nagaland to ramp up vaccination for health workers, Shopkeepers and vegetable vendors
“Not based on intelligible differentia”; HC stays Arunachal Pradesh’s order discriminating between vaccinated and non-vaccinated persons
Sedition
Is using of National Flag as a table cloth Sedition? HC grants bail to the woman accused of willfully dishonouring the National Flag
Custody of Teenage Rape Victim
Not in interest of the child; HC stays Sessions Court’s order granting custody of teenage rape victim to relatives of accused
Essential Services
“Reopen Anganwadi centers”; HC directs Nagaland government to ensure availability of essential services to the lactating mothers and children
Gujarat High Court
Bail
Bail granted to doctor alleged to be shielding main accused in suicide case by issuing death certificate without post mortem
Last Rites as per Religious Practice
Even FR’s are subject to public order, morality and health; Court dismisses petition, Parsees denied permission to perform last rites as per religious practice
Transfer of Winding-up proceedings
Court directs transfer of winding-up proceedings to NCLT; scattering litigation to various forums leads to multiplicity, abuse of process of law
Himachal Pradesh High Court
Bail
Petitioner who is a pimp cannot claim bail on ground of parity citing judgments where bail was granted subject to its peculiar facts
Jharkhand High Court
Rath Yatra
Permission for Rath Yatra Puja in the month of July in Jharkhand sought; Directed to take its own decision in view of SC ruling
Section 497 of Penal Code, 1860
Is the law laid down by the Supreme Court applicable prospectively? Will adultery committed prior to Joseph Shine decision attract conviction when the offence has been declared unconstitutional pre-conviction?
Economically Weaker Section
10 % EWS reservation; Can it be invoked retrospectively? HC clarifies
Dead Body Management
Family members permitted to perform religious rituals and last rites according to Covid-19 Guidelines on Dead Body Management but cannot dispose the dead body by themselves
Jammu and Kashmir High Court
Indecent Assault and Attempt to Rape
Is taking off trousers of victim as well as taking off one’s own trousers an attempt to rape? HC clarifies distinction between indecent assault and attempt to rape
Karnataka High Court
Domestic Violence Act
Persons only in ‘domestic relationship’ as per S. 2 of Domestic Violence Act, 2005 can be made as respondent under S. 12 of DV Act
Preventive Detention
Non-consideration of representation at the earliest opportunity could lead to release of detenu; Guidelines/Directions issued
Compassionate Appointment
“What sauce is good for the goose is good for the gander”; State under mandatory obligation for immediate consideration of compassionate appointment applications
Sexual Harassment
A Mangalore University professor being accused of sexual harassment by a student; Court observes “He that takes the procedural sword shall perish with that sword”
Kerala High Court
Cruelty
Does false accusation of unchastity amount to cruelty? Can it be the ground for divorce? HC answers
Lakshadweep Administration’s Notice
Demolition of Traditional Coastal Communities’ dwellings; HC stays impugned notice of Lakshadweep Administration
Internships for Law Students
Relax 20 weeks internship requirement for final year Law students; HC directs Government Law College of Ernakulam
Animal Welfare
In re: Bruno; HC steps forward as the flag bearer of Animal rights. Directions issued to State to adopt proactive approach towards animal welfare
In Re: Bruno; HC condemns instructions to keep pets in chains and kennels. Directs State to ensure mandatory registration/licence for pet adoption
Bail
Harassment, abuse and torture of wife within seven months of marriage; HC denies anticipatory bail to doctor
Section 427 of Criminal Procedure Code, 1973
60-year-old convict released after serving 15 years in prison; HC exercises special power under S. 427 CrPC noticing more than 18 years imprisonment would have to be served if sentence don’t run concurrently
Destruction of Crops
Declare wild boars as vermin; HC allows farmers to hunt wild boars to prevent destruction of agricultural lands
Termination of Pregnancy
On what grounds can pregnancy of a mentally unsound woman be terminated? Is consent of women indispensable? HC answers
Minority Status of Muslims and Christians
Re-consideration of Minority status of Muslims and Christians; HC rejects plea stating a few people being rich does not determine advancement of whole community
Madras High Court
Section 138 of Negotiable Instruments Act
Cheque returned with endorsement “drawers signature differs”. If complainant fails to prove accused was not stranger, can he still be prosecuted under S. 138 NI Act? Court answers
COVID-19
A person can be a silent carrier of COVID-19 on not taking vaccine: Can Right to Refuse Vaccine in such circumstances be exercised? Read HC’s opinion
Online Games
Ban Online Games or not? Read HC’s opinion on not entering into such matters. Is it a policy matter? [Detailed Report]
Plea of Public Interest
Is writ petition maintainable against Asset Reconstruction Co. which is assigned debts by nationalised banks? Is there element of public duty and obligation to follow RBI Circulars? HC decides
General Admission of Facts
When can decree on admission be passed? Madras HC explains how general admission of facts v. admission of claim, makes difference
LGBTQIA+
Police protection for a member of LGBTQIA+ Community on having apprehensions of honour killing on receiving threats from family
Right to Forfeit
Does a forfeiture clause imply that the entire deposit amount can be forfeited? Madras HC elaborates
Sexual Assault
Schools to keep a complaint box to make victims complain about sexual assault freely
Defamation
Will procedure laid down under S. 199(2) CrPC for defamation apply on a defamatory statement made in personal nature? HC explains
Manipur High Court
COVID-19
State cannot seek to impose conditions upon citizens so as to compel them to get vaccinated; Courts holds restraining the non-vaccinated people illegal
Meghalaya High Court
Cutting/Felling of Trees
Cutting of trees/ considerable heritage for expansion of road project; Court constitutes High Powered Committee
Madhya Pradesh High Court
Rape
Rape accused of live-in partner granted anticipatory bail; Court directs “shall not move in the vicinity of prosecutrix”
Strike by Nurses
Court declares strike by nurses in State as illegal; demand for not taking any disciplinary action for the period of absence considered
NEET-PG 2020
Disproportionate distribution of increased PG Medical seats in Clinical and Non-Clinical subjects; Court examines
Orissa High Court
Bail
Bail granted to a man who portrayed former CJI as Naxalite and Christian Terrorist as he refused permission for Rath Yatra last year
COVID-19
Ori HC issues notice to State to file an affidavit regarding a delay in sample collection due to suspension of public transport and inadequacy in other services
Justice A.B.S. Naidu, former District Judge appointed as Inquiry Officer regarding Covid-19 Mismanagement at VIMSAR
Leprosy Patients
PIL filed for effective treatment and eradication of leprosy from the State; SC directions reiterated and new directions laid for State
Overcrowding of Jails
Orissa HC looks into the issue of overcrowding of jails; asks IG Prison for report; Reprimanded ad hoc measures and rather asked for a long term plan
Patna High Court
Attempt to Murder
11 acquitted on the very same evidence which lead to conviction of prime accused; HC reverses Sessions Court order in an attempt to murder case
Punjab and Haryana High Court
Sodomy
“Nightmarish and traumatic”; HC denies bail in a case of sodomy committed to an 8-year-old child
Elderly Parents
Maintaining elderly parents is not only a value based principle but a bounden duty under Maintenance and Welfare of Parents Act
Liquor Scam
Spurious liquor Scam; HC denies bail to the person behind Hooch tragedy which lead to number of persons dying or losing their eye-sight due to consuming illicit poisonous liquor
Farmer’s Protest
Person terminated from service due to alleged participation in farmer’s protest in New Delhi; HC directs State to maintain status quo
CBI Proceeding
Panchkula Plot Allotment case; HC stays CBI proceeding against former CM of Haryana-Bhupinder Singh Hooda
Rajasthan High Court
Policy Decision
Declaration of journalist as front line health workers a ‘policy decision’; Court dismisses appeal
COVID-19 Vaccine
Court dismisses PIL seeking ascertainment regarding vaccine being covered by any patent or issuance of compulsory license under S. 92 Patents Act
Article 21 of the Constitution of India
Society cannot determine how individuals live their lives; Police protection granted to a ‘major’ couple residing together
Right of Hearing
Is Juvenile Justice Act totally foreign to the concept of “right of hearing” given to the complainant/CICL in bail applications? Court examines
Compassionate Appointment
Denial of compassionate appointment on fathering third child? Court analyzes Rules of Rajasthan Compassionate Appointment of Dependents of Deceased Government Servant
Parole
Prominent sign board to be installed at the entries of all Central Jails in the State displaying in Hindi Rule 10 of the Rajasthan Prisoners Release on Parole Rules, 2021
Other
Whether third child born on account of failure of ligation operation a reason to deny grant ACP by a blanket order? Court answers
Sikkim High Court
Lok Adalat
Can Award of the Lok Adalat be assailed by way of a petition under Arts. 226 and/or 227 of Constitution? Court answers
Sexual Harassment of Women at Workplace
Open for Executive Authority to decide the scope of the term ‘workplace’
Extraction of Groundwater
Permissions being granted of extraction of the groundwater even during pendency of PIL; Court lambasts authorities
Shelter Homes
Take stock of situation in shelter homes, observation homes etc; Court directs State to get them insulated
Tripura High Court
Abetment to Suicide
SIT probe ordered in Abetment of suicide circumstances; Court takes suo motu cognizance
Uttaranchal High Court
COVID-19
Great influx of tourists, social distancing not being maintained, SOP not complied with; Court directs State to review decision of relaxing lockdown, control the inflow of tourists
Char Dham Yatra banned until decision by Supreme Court; Court checks and double checks arrangements by the State amidst approaching third wave
Civil and Fundamental Rights
Civil and Fundamental Rights of petitioner not affected hence no locus standi; Court dismisses petition
Dishonour of Cheque
Is it mandatory to arraign firm as accused to make partner liable for dishonor of cheque under Ss. 138/141 of NI Act? HC explains
Deprivation of Salary
Deprivation of salary violative of Arts. 21, 23 and 300-A of the Constitution; Court directs Transport Corporation to disburse salaries
Custodial Death
Fair investigation and fair trial are necessary ingredients of right to life; Court orders transfer in the case of custodial death to CBI
