ALLAHABAD HIGH COURT
‘Dishonour of invalid cheque cannot attract liability u/s 138 of NI Act’; Allahabad HC holds Allahabad Bank cheques to be invalid post 30-09-2021
In an application under Section 482 of the Code of Criminal Procedure, 1973 (‘CrPC’) seeking to quash criminal proceedings initiated against her, filed under Section 138 of the Negotiable Instruments Act, 1881 (‘NI Act’), pertaining to the dishonour of a cheque, Arun Kumar Singh Deshwal, J., held that a cheque issued by Allahabad Bank would be deemed to be invalid after 30-09-2021, after merging of the Allahabad Bank with the Indian Bank on 01-04-2020, and that dishonouring such cheques after 30-09-2021 would not attract liability under Section 138 of the NI Act. Read more
ANDHRA PRADESH HIGH COURT
‘Attending police station merely for evidence seems implausible’; AP HC sets aside order cancelling bail after photos showing accused visiting police station
In a criminal revision petition filed under Sections 397 and 401 of the Criminal Procedure Code, 1973 challenging the order passed by the Court of VI Additional Sessions Judge, Kakinada, East Godavari District (‘Sessions Court’) wherein the anticipatory bail initially granted to the petitioners-accused was cancelled, T Mallikarjuna Rao, J., set aside the impugned order of the Sessions Court. The Court found no ill intention on the part of the accused and directed them to be present before the jurisdictional court, twice a week, until the filing of the charge sheet. Read more
Explained| Andhra Pradesh HC allows transfer of divorce petition on account of wife’s inconvenience in a matrimonial proceeding
While hearing a transfer civil miscellaneous petition under Section 24 of the Civil Procedure Code, 1908, Bandaru Shyamsunder, J., acknowledged the inconvenience faced by the petitioner-wife in order to put forth her contentions before the trial court for the divorce proceedings initiated in respondent-husband’s place of residence and transferred the petition, providing her relief. Read more
BOMBAY HIGH COURT
Bombay HC disallows prosecution of alleged affiliates of a banned organisation for MCOCA charges due to delay in taking of cognizance by Trial Court
In two appeals made under Section 12 of the Maharashtra Control of Organised Crime Act, 1999 (“MCOCA”), against the orders of the Special Judge, City Civil and Sessions Court, Greater Mumbai, rejecting the applications of the accused persons for the dropping of charges under MCOCA, the Division Bench comprising of AS Gadkari* and Shyam C Chandak, JJ., held that the failure of the Trial Court in taking timely cognizance of offence under Section 3, as stipulated under Section 2(d) MCOCA, left them with no choice but to disallow prosecution of the accused persons, who were allegedly affiliated with a banned terrorist organisation , for charges under MCOCA. Read more
‘Grave danger to mental health by continuation of pregnancy’: Bombay HC permits a 19-year-old woman to terminate twenty-five-week pregnancy
In a writ petition filed a pregnant woman seeking permission for termination of her pregnancy at twenty-five-week, the Division Bench of N.R. Borkar and Somasekhar Sundaesan, JJ., permitted the petitioner to undergo the termination procedure at the earliest, and the petitioner should be entitled to present herself to the Sassoon Hospital for undergoing the procedures for termination of the pregnancy. Considering the grave danger to the petitioner’s mental health posed by the continuation of pregnancy, the Court stated that it was sure the Sassoon General Hospital, Pune and its Medical Board would take care to ensure sensitive treatment and handling of the petitioner in connection with all procedures, whether medical or administrative, keeping her emotional and mental health at the forefront. Read more
‘Indulged into activity of inciting like-minded people to join them’; Bombay HC dismisses bail plea of three PFI members alleged to have conspired to transform India into an Islamic State
In the present case, three appeals were decided together, wherein there was a prayer for bail under Section 439 of the Criminal Procedure Code, 1973 (‘CrPC’) pending on the file of the Special Judge, Nashik, registered with Anti-Terrorist Squad Police Station, Kalachowki, Mumbai, under Sections 121-A, 153-A, 120-B, 109, 116, 201 of the Penal Code (‘IPC’) and under Section 13(1)(b) of the Unlawful Activities (Prevention) Act, 1967 (‘UAPA’). Read more
‘Right of dead to receive decent, respectful last rites’; Bombay HC orders Commissioner, Municipal Corpn. to issue directions to find plots of land to be used as burial grounds
The present PIL filed against the Municipal Corporation of Greater Mumbai (Municipal Corporation’) was concerned with the scarcity of adequate space to be used for burial ground so that the dead can be given decent and respectful departing note. The Division Bench of Devendra Kumar Upadhyaya, CJ., and Amit Borkar, J., while observing the callousness on the part of the authorities, ordered the Commissioner of the Municipal Corporation to personally look into the matter and issue directions for finding out another plot of land to be used as burial ground. Read more
Rule of exclusion of writ jurisdiction due to availability of alternative remedy is discretionary and not compulsory; Bombay HC reiterates
The instant writ petition was filed, challenging the order of the Additional District Consumer Disputes Redressal Commission, Nagpur (“Commission”), that directed to refund sum paid by the respondent to the petitioners, in addition to other expenses and monetary claims in respect of a land-related transaction between the parties. The respondent had objected to the writ petition on the ground of existence of appeal remedy available under the Consumer Protection Act, 2019 (“CPA”). The single-Judge Bench of Anil S Kilor, J.*, relying on MP State Agro Industries Development Corp. Ltd v. Jahan Khan, (2007) 10 SCC 88, held that the rule of exclusion of writ jurisdiction due to availability of an alternative remedy is discretionary and not compulsory. The Court found that the Commission had failed to consider the relevant facts in entirety while deciding on the point of jurisdiction, therefore, the matter was remanded to the Commission to be decided on afresh, and the instant challenged order was set aside. Read mode
Bombay High Court upholds validity of the Textile Undertakings (Nationalisation) Laws (Amendment and Validation) Act, 2014
The present writ petition was filed under Article 226 of the Constitution challenging the constitutional validity of the Textile Undertakings (Nationalisation) Laws (Amendment and Validation) Act, 2014 (‘the 2014 Act’). It was also prayed that the Sick Textile Undertakings (Nationalisation) Act, 1974 (‘the 1974 Act’) and the Sick Textile Undertakings (Nationalisation) Act, 1995 (‘the 1995 Act’) as amended, be struck down as being invalid and violative of the provisions of the Constitution. The Division Bench of A.S. Chandurkar* and Jitendra Jain, JJ., held that the challenge to the 2014 Act as being manifestly arbitrary, transgressing the dividing line of separation of powers and seeking to nullify the decision of the Supreme Court in National Textile Corpn. Ltd. v. Nareshkumar Badrikumar Jagad, (2011) 12 SCC 695 (‘Nareshkumar-I Case’) could not succeed. Further, the Court held that the 2014 Act did not suffer from manifest arbitrariness nor was it violative of Article 14 of the Constitution. Read more
Withholding a portion of salary/emoluments by an employer does not amount to cheating or criminal breach of trust: Bombay High Court
The present petition was filed under Articles 226 and 227 of the Constitution and Section 482 of the Criminal Procedure Code, 1973 (‘CrPC’), assailing the legality, propriety, and correctness of an order passed by the Metropolitan Magistrate, 66th Court Andheri, Mumbai (‘Metropolitan Magistrate’), whereby process was ordered to be issued against the petitioners for the offences punishable under Sections 420 and 409 read with Section 34 of the Penal Code, 1860 (‘IPC’). N.J. Jamadar, J., held that withholding a portion of salary or emoluments by an employer did not amount to cheating or criminal breach of trust and Respondent 2-the complainant could agitate his rights on account of the alleged illegal change in service condition in appropriate proceedings, however, criminal proceedings were not the remedy. Read more
Bombay HC restrains exhibition, circulation of film “Hamare Baarah” till 14-06-2024 allegedly being derogatory to Islamic faith and married Muslim women in India
The present petition was filed under Article 226 of the Constitution seeking a Writ of Mandamus against the Chairperson of Central Board of Film Certification (‘CBFC’) to revoke the certification granted to the film “Hamare Baarah” (‘the film’) and thereby injunct it from being released in public domain in any manner or form as it was in complete contravention of the provisions of the Cinematograph Act, 1952 and violates Articles 19(2) and 25 of the Constitution. The Division Bench of N.R. Borkar and Kamal Khata, JJ., restrained the respondents from exhibition, circulation, or making available for viewership the film “Hamare Baarah” on any public platform till 14-06-2024. Read more
CALCUTTA HIGH COURT
Calcutta High Court sets aside Local Committee’s rejection of WBNUJS Associate Professor’s Sexual Harassment Complaint on limitation grounds
A petition was filed by the petitioner, an Associate Professor at the West Bengal National University of Juridical Sciences, Kolkata challenging an order dated 05-03-2024, passed by the local committee, 24-Parganas (North), constituted under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) dismissing the petitioner’s complaint on the grounds of limitation. Kausik Chanda., J., sets aside the impugned order being unsustainable and directed the local committee to conclude the proceedings initiated on the complaint filed by the petitioner on merit in accordance with the provisions of POSH Act. Read more
[West Bengal Post Poll Violence] Calcutta High Court lays down directives to ensure registration of complaints irrespective of political affiliations
A petition was filed being aggrieved that immediately after the Lok Sabha General Election, 2024, the petitioners have been subjected to post-poll violence because of their association with a specific political party. A division bench of Apurba Sinha Ray and Kaushik Chanda, JJ., issued measures aimed to address the immediate concerns of post-poll violence victims, ensure accountability in law enforcement, and uphold citizens’ rights during politically sensitive times. Read more
CHHATTISGARH HIGH COURT
‘Sorry state of affairs’: Chhattisgarh HC directs Health Secretary to stop circulation of video of a woman delivering baby on the floor in Sub-Health Centre
In a Public Interest Litigation (‘PIL’) filed based on news report dated 10-06-2024, published in the Times of India, Raipur Edition, with a heading ‘woman delivers baby on floor in Ambikapur Sub-Health Centre, the Division Bench of Ramesha Sinha, CJ., and Sachin Singh Rajput, J., took note of the published news report and stated that if this was the situation prevailing at Sub Health Centre, Navanagar, Ambikapur, then it was a very sorry state of affairs. The Court directed the Secretary, Government of Chhattisgarh, Health and Social Welfare Department-Respondent 2 to file his personal affidavit regarding the steps taken with respect to the incident and to ensure that the viral video was also stopped immediately from being circulated any further. Read more
DELHI HIGH COURT
Delhi High Court directs stakeholder meeting to review purified drinking water facilities at Delhi University
In a petition filed due to alleged inadequacies concerning the provision of essential facilities, particularly water coolers and drinking water, at Delhi University, a Vacation Bench comprising of Amit Sharma, J. directed a meeting to be convened amongst all the stakeholders in the matter to assess the facilities provided to the students with regard to water coolers and other infrastructural facilities indicating the Court’s proactive approach towards addressing student welfare and infrastructure concerns. Read more
Mere sending notice u/s 21 of Arbitration Act not sufficient; receipt of notice is prerequisite for commencement of proceedings: Delhi HC
In a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 (‘Arbitration Act’) for appointment of an arbitrator, Dinesh Kumar Sharma, J., dismissed the petition while holding that the mere issuance of notice under Section 21 of the Arbitration Act does not constitute service of the notice and observed that receipt of the notice by the respondent is mandatory to commence arbitration proceedings. Read more
Delhi High Court remands patent application for Bifidobacterium longum for fresh consideration, due to insufficient examination of Novelty
An appeal was filed challenging refusal of the Indian Patent Application (‘subject patent application’) which involves formulation of a probiotic bacterium, specifically the strain of Bifidobacterium longum by the Assistant Controller of Patents and Designs (‘Controller’) under Section 15 of the Patent Act, 1970 by the impugned order dated 27-11-2018. Sanjeev Narula, J., sets aside the impugned order, remanded the matter to the respondents for a fresh consideration and restored the patent application number. Read more
Delhi High Court rejects ISIS convict’s plea for concurrent sentencing based on principle of same transaction and totality of sentence
In a petition filed by the petitioner, an ISIS convict seeking concurrent running of sentences imposed upon him, i.e., sentence imposed in a National Investigation Agency (‘NIA’) case by the Additional Sessions Judge, Patiala House Court, New Delhi along with the sentence imposed upon him by the Special Judge, NIA in another special case of NIA, a Single Judge Bench of Swarana Kanta Sharma, J. held that there was no reason to exercise discretion under Section 427(1) of the Code of Criminal Procedure, 1973 (‘CrPC’) since the offences committed by the petitioner could not be termed as part of a ‘same transaction’, a lenient approach had been adopted by the Courts, and that the offences committed were grave and serious in nature. Read more
Non-Disclosure of petition cannot be termed as egregious fraud: Delhi High Court sets aside Commercial Court order for lack of merit-based analysis
In an appeal filed under Section 37(1)(b) of the Arbitration & Conciliation Act, 1996 (A&C Act) challenging the judgement dated 09-05-2024 rejecting the petition on the grounds that it approached the court with unclean hands, the Division Judge Bench of Vibhu Bakhru*, Tara Vitasta Ganju, JJ., held that the Commercial Court had not properly examined the petition’s merits and the impugned order lacks detailed reasoning and focusses on procedural issues. Read more
Can arbitration proceedings act as a bar for proceedings under Section 7 of the IBC? Delhi HC answers
In a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996, (‘Arbitration Act’) for appointing of an arbitrator, Neena Bansal Krishna, J., while allowing the petition, held that mere initiation of arbitration is no bar for corporate debtor to pursue remedies under Insolvency and Bankruptcy Code, 2016 (‘IBC’). Read more
Delhi High Court upholds refusal of patent for Portable Vehicle Management System due to lack of novelty
An application was filed challenging the refusal of Indian Patent Application for the ‘PORTABLE VEHICLE MANAGEMENT SYSTEM’ (‘subject patent application’) issued by the Assistant Controller of Patents & Designs on 27-12-2018 (‘the impugned order’), asserting that the subject patent does not meet the inventive step requirement as stipulated under Section 2(1)(ja) of the Patent Act, 1970 (‘the Act’). Sanjeev Narula, J., held that the claimed invention lacks an inventive step, therefore, the patent office’s decision to reject the application under Section 2(1)(ja) of the Patents Act, 1970, is justified and should be upheld. Read more
Delhi High Court rules documents require proper stamping to validate Property Transfer Claims; Directs rectification of Stamp Duty
A suit was filed by the plaintiff seeking specific performance and a permanent injunction based on an Agreement to Sell dated 23-04-2009, a Memorandum of Understanding (MOU) dated 08-10-2022, and additional agreements dated 18-11-2010. An application was further filed by defendant 3 under Section 33 of the Stamp Act, 1899, for impounding of these documents, on the grounds that that they were either insufficiently stamped or unstamped, thus necessitating impounding and subsequent action by the Collector of Stamp for proper determination and payment of stamp duty by the plaintiff. Neena Bansal Krishna, J., held that while the document may have been admitted by the defendants, to be an instrument to operate as a document of transfer of the property, it requires to be duly stamped, in accordance with the Stamp Act and till such time, the requisite stamp duty, is annexed on these documents, they are void and cannot be an instrument on which any party can claim a right, title and interest. Read more
[Domino’s v. Donito’s] Delhi HC grants interim injunction to Dominos IP Holder for its mark Domino’s in relation to pizzas and burgers
In an application filed for seeking permanent injunction restraining defendant 1 and all those acting for and on their behalf from promoting, selling, marketing, packaging any product or material using, depicting and displaying in any manner in the marks “DONITO’S’, or any other mark which is identical or deceptively similar to the plaintiffs’ registered trademarks, Anish Dayal*, J., ordered ex-parte ad interim injunction in favour of plaintiff and against defendants for stopping them to advertise, promote, sell, market, pack any product using, depicting, and displaying in any manner in the device marks or any other mark which is identical or deceptively like the plaintiffs’ registered trademarks. Read more
Delhi High Court quashes reassessment notice for AY 2013-14 due to exceeding statutory time limit under Income Tax Act
In a present writ petition filed challenging the notice dated 31-03-2023 issued under Section 148 of the Income Tax Act, 1961 (‘Act’) seeking reassessment of the petitioner’s Assessment Year (‘AY’) 2013-14. Yashwant Varma*, Purushaindra Kumar Kaurav, JJ., while allowing the present petition, held that impugned noticed issued on 31-03-2023, for reassessment of AY 2013-14 falls beyond the ten-year block period as set out under Section 153-C/153-A of the Act, which makes it unsustainable. Read more
[PMLA] ‘Cannot assume role of an expert’; Delhi HC directs Director, AIIMS to constitute medical board to evaluate Amit Katyal’s medical condition
In an application filed by businessman Amit Katyal, seeking interim bail on medical grounds, Vikas Mahajan, J., opined that in the absence of a medical expert, the Court could not assume the role of an expert and make its own assessment in case of grant of interim bail on medical grounds. However, on humanitarian grounds, the Court directed the Director, All India Institute of Medical Sciences (‘AIIMS’) to constitute a medical board to evaluate the medical condition of Amit Katyal. Read more
Delhi High Court grants injunction against Fab India Emporium for trademark infringement of Fab India marks
A suit was filed by Fab India (plaintiff) seeking permanent injunction restraining defendants, and all those acting for and, on their behalf, from manufacturing, selling, retailing, advertising, dealing with products under the mark ‘FABINDIA’ or any other mark which is deceptively similar to the plaintiff’s mark and other attendant relief. Anish Dayal, J., held that the plaintiff has made out a prima facie case for grant of an ex-parte ad interim injunction and balance of convenience lies in favour of plaintiff, and they are likely to suffer irreparable harm in case the injunction, as prayed for, is not granted. Read more
Delhi High Court restrains ‘Baap Ki Adalat’ for infringing Rajat Sharma’s popular show ‘Aap Ki Adalat’ marks
An application was filed by Independent News Service Private Limited (plaintiff), a company incorporated in 1997, and its Chairman and Editor-in-Chief, Shri Rajat Sharma, seeking permanent injunction restraining defendants and all those acting for and, on their behalf from using the mark/logo or ‘Baap Ki Adalat’ or any other trademark/logo deceptively like the trademark/logo of the plaintiff ‘Aap Ki Adalat‘. Anish Dayal, J., restrained the defendants from using/dealing in any manner with the impugned trademark/logo and ‘Baap ki Adalat or any other trademark/logo deceptively similar to the trademark/logo of the plaintiff ‘Aap Ki Adalat‘, either as trademark/trade mark/logo/trading style, domain name, social media posts, audio video content, or in relation to any services so as to result in violation of statutory and common law rights of plaintiff 1. Read more
[Delhi Riots 2020] Availing legal remedies cannot be grounds for delay; Delhi High Court rules in favor of Sharjeel Imam’s Bail
An appeal was filed by Sharjeel Imam (appellant), an accused in Delhi Riots case in 2020, challenging the order dated 17-02-2024, passed by the Trial Court, which denied his plea for release on bail under Section 436-A CrPC. A division bench of Suresh Kumar Kait and Manoj Jain, JJ., held that there was nothing on record which could have disentitled the accused from seeking relief under Section 436-A CrPC and directed that appellant be released on bail on terms and conditions to be imposed by the learned Trial Court. Read more
Delhi High Court refuses to entertain petition against NCDRC Order on territorial jurisdiction objection
A petition was filed challenging the judgment and order dated 05-04-2021 passed by the National Consumer Disputes Redressal Commission (NCDRC) relating to territorial jurisdiction. Subramonium Prasad, J., declined to entertain the writ petition on the same grounds of territorial jurisdiction. Read more
We are living in the era of deepfakes; Delhi High Court upholds maintenance order citing insufficient evidence for adultery charges
An appeal was filed challenging the judgment and order dated 15-04-2024, whereby the application filed by the respondent/wife under Section 24 of the Hindu Marriage Act, 1955 was disposed of and appellant/husband was directed to pay a monthly maintenance of Rs. 75,000 to the respondent/wife, effective from the date of the application, with an annual increase of 7% starting from 01-04-2025. A division bench of Rajiv Shakdher and Amit Bansal, JJ., dismissed the appeal being devoid of merits. Read more
[Delhi Excise Policy] Delhi High Court directs IO to provide prompt hard and digitized copies of Supplementary Charge Sheet to accused upon filing
A petition was filed under Section 482 of Criminal Procedure Code seeking setting aside of the impugned order dated 22.03.2024 passed by the Special Judge (PC Act), CBI-09, Rouse Avenue District Court, New Delhi (Trial Court) in case titled as ‘CBI vs. Kuldeep Singh’ and consider whether the Trial court should be directed to defer hearing arguments on charge till the investigation of K. Kavitha is complete and the chargesheet against her is filled and a copy is provided to the petitioner? Swarana Kanta Sharma, J., ordered that once the CBI files the said supplementary chargesheet before the Trial Court, on the first day of hearing itself, the I.O. will ensure that hard copies of the said chargesheet as well as the digitized copies of the same are provided to the accused persons before the learned Trial Court, to save time of pre-trial proceedings. Read more
Delhi High Court | Appointment of Arbitrators Post-2015 Amendment must adhere to eligibility criteria regardless of contract execution and arbitration commencement dates
A petition was filed under Section 14 read with Section 15 of the Arbitration and Conciliation Act, 1996 (‘Arbitration Act’) seeking substitution of the Sole Arbitrator as the Sole Arbitrator adjudicating the disputes between the parties was unilaterally appointed by the Respondent. Prathiba M Singh, J., held that notwithstanding the date of execution of the contract and the commencement of the arbitral proceedings, the appointment of an arbitrator by reasons of resignation/ withdrawal/ any other reason, after coming into force of the 2015 Amendment shall have to meet the test of eligibility in terms of Section 12 r/w Seventh Schedule of the Arbitration Act. Read more
GAUHATI HIGH COURT
‘Principal Auditor General shall decide Audit Objections expeditiously’; Gauhati HC disposes of PIL against officials allegedly involved in misappropriation of funds under Assam Sarba Siksha Abhiyan Mission
The present Public Interest Litigation (‘PIL’) was filed by the petitioner with a prayer to issue a mandamus to the respondents to cause a high-level enquiry for finding out the corrupt officials of the Assam Sarba Siksha Abhiyan Mission, who were involved in corruption and misappropriation of government funds allotted under the Assam Sarba Siksha Abhiyan Mission during the financial years 2010-2019. The Division Bench of Vijay Bishnoi, CJ., and Suman Shyam, J., disposed of the PIL while putting their hope and trust in the Principal Auditor General, Assam after his assurance that in case any irregularities were found on the part of the officials concerned, appropriate action against such officials would be sent to the department concerned. Read more
[Assam Victim Compensation Scheme] Gauhati HC directs Chief Secretary of Assam to file affidavit stating the reason for not making required amount available for disbursement of compensation
The present Public Interest Litigation raised a serious question regarding non-payment of compensation to the victims under the Assam Victim Compensation Scheme, 2012 (‘Scheme’). The Division Bench of Vijay Bishnoi, CJ., and Suman Shyam, J., while observing serious lack of coordination between the Home and Finance Department directed the Chief Secretary to the State of Assam to file an affidavit indicating as to why the required sum of money had not been made available for disbursement of compensation to the victims. Read more
[Section 125 CrPC] Able bodied husband who can support himself is obligated to support his wife: Gauhati High Court
In a review petition filed under Sections 397/401 read with Section 482 of the Criminal Procedure Code, 1973 (’CrPC’) against an impugned judgement of the Principal Judge, Family Court, Nalbari (‘the Trial Court’), Malasri Nandi, J., held that where the husband is able to finally sustain himself, he is obligated to provide financial support to his wife as well. Read more
GUJARAT HIGH COURT
Gujarat HC denies bail to Space Applications Centre’s employee accused of sharing sensitive information with woman in Pakistan
In a successive bail application under Section 439 of the Code of Criminal Procedure, 1973 (‘CrPC’), in connection with an FIR registered with the Anti-Terrorism Police Station, Ahmedabad for offences punishable under Section 66-F(1)(B) of the Information Technology Act, 2000 (‘IT Act’), M. R. Mengdey, J., dismissed the bail application holding that there was evidence on record to show that the applicant had shared national sensitive information with a lady in Pakistan. Read more
Gujarat HC stays release of the movie ‘Maharaj’ on Netflix, featuring Amir Khan’s son, Junaid Khan
Following a representation filed by the followers of the Pustimargi sect and followers of Bhagwan Shree Krishna, Sangeeta K. Vishen, J., passed an ad interim order staying the release of the movie ‘Maharaj’, starring actor Amir Khan’s son Junaid Khan, which was scheduled to be released on Netflix on 14-06-2024. Read more
JAMMU & KASHMIR AND LADAKH HIGH COURT
J&K and Ladakh HC takes strict cognizance of a habitual litigant’s harassment of judges and use of demeaning language for his daughter-in-law in the petition
While deliberating over the instant petition filed under Art. 226 of the Constitution seeking quashment of maintenance proceedings against the petitioner’s son and levelling allegations against 4th Additional Sessions, Judge, Srinagar, before whom the maintenance proceedings are pending; the Bench of Sanjeev Kumar, J.*, found the instant petition to be misconceived, and came down heavily on the petitioner for using abhorrent language in the petition demeaning to a woman and totally unacceptable in any civilized society. The Court further found that the petitioner lacked any locus to file the petition and the same was aimed at harassing the Presiding Officer of the 4th Additional Sessions, Judge. Read more
KARNATAKA HIGH COURT
“Object of consulting the Central Vigilance Commission is not in the interest of the employee but in the larger interest of the banking institution”: Karnataka HC
The instant writ appeal was filed by Vijaya Bank, seeking to set aside the impugned order passed by the single Judge Bench of the High Court reinstating the respondent’s service, who was dismissed following a disciplinary action via-a-vis indiscriminate lending of money to fictitious persons. The division bench of Krishna S Dixit* and Ramachandra D. Huddar, JJ., agreed with the Bank Management taking opinion of the Central Vigilance Commission vis-a-vis the respondent. The Court stated that the object of consulting the Vigilance Commission is not in the interest of the employee but in the larger interest of the banking institution. The Court refused to subscribe to the views of the single Judge Bench who in the impugned order had stated that the vigilance opinion should always be shared with the delinquent employee. Read more
“Leave encashment can’t be viewed as discretionary bounties but as legal rights enforceable under the Constitution”: Karnataka HC
In a writ petition filed under articles 226 & 227 of the Constitution, praying to direct the respondents to grant/clear arrears of encashment of earned leave, the bench of Sachin Shankar, J.*, opined that leave encashment is not a discretionary bounty and is a legal right enforceable under the Constitution. Emphasizing that entitlement to leave encashment is integral to the fundamental rights guaranteed under the Constitution, the Court stated that administrative instructions, lacking the force of law, cannot override the constitutional protections and deprive individuals of their entitlements as mandated by Article 300-A of the Constitution. Read more
Karnataka HC grants 30-day general parole to murder convict for fulfilment of conjugal duties with new wife
While considering the instant petition seeking direction to the Chief Superintendent of Prison to consider the request for grant of 90-day general parole in terms of the Prison Manual, to her husband for fulfilment of conjugal duties, the Bench of S.R Krishna Kumar, J*., allowed the petition, thereby granting the husband-convict general parole for a period of 30 days from 05-06-2024 to 04-07-2024, so that he can fulfil his conjugal duties. Read more
KERALA HIGH COURT
Parental love or concern cannot interfere with an individual’s right to choose whom they wish to marry: Kerala HC
In a writ of habeas corpus filed by the petitioner regarding the illegal detention of his girlfriend by her father, the Division Bench of Raja Vijayaraghavan V* and P.M. Manoj, JJ., allowed the writ petition while holding that personal liberty and expression of choice of a person is paramount and that even parental love and concern cannot curtail the right of a person to marry the individual of their choice. Read more
MADRAS HIGH COURT
Madras HC directs Senior Advocates to pay their Juniors monthly stipend of Rs. 15000 to Rs 20,000
In a writ petition concerning the Welfare Schemes and the safeguards to be provided to the Advocates enrolled in the State Roll and practicing in various Courts across the State of Tamil Nadu and Puducherry, the division bench of S.M. Subramaniam* and C. Kumarappan, JJ., has issued the following directions. Read more
Co-operative societies are not “public authorities” under RTI Act, not bound to provide information requested by citizen: Madras HC reiterates
In a writ petition filed against the order passed by State Information Commissioner, wherein the Commissioner has directed the petitioner’s society to furnish all the information to respondent 4 as he sought under Right to Information Act, 2005. (‘RTI Act’), V. Bhavani Subbaroyan, J. while quashing the impugned order, has reiterated that a cooperative society registered under the Tamil Nadu Co-operative Societies Act is not bound by the RTI Act to provide the information requested by a citizen and that the co-operative society does not fall within the definition of “public authority” as defined under Section 2(h) of the RTI Act. Read more
Madras High Court restrains Central Govt. from taking final decision on banning the “ferocious” dog breeds
In a writ petition challenging a D.O. letter which banned certain ferocious species of Dogs in India, Anita Sumanth, J., while highlighting the Karnataka High Court’s observation that the committee does not have any dog expert and hence, the classification made, in absence of any empirical or scientific criteria, is untenable, has suggested that the process should have been re-initiated without any reference to previous letters or reports. Further, the Court directed the Central Government to refrain from taking the final decision until further notice. Read more
MADHYA PRADESH HIGH COURT
‘Cries of deceased child’s family can’t be ignored’; MP High Court affirms denial of bail to juvenile in kidnapping and murder case
In a criminal revision challenging the denial of bail to the juvenile (applicant) by the Juvenile Justice Board and Session Judge on the ground that his release would defeat the ends of justice and expose him to moral, physical, or psychological danger, a single-judge bench comprising of Dinesh Kumar Paliwal, J., upheld the denial of bail to the juvenile. The Court held that while the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act) aims to rehabilitate juveniles, it also must address the severity of the crime and the societal need for justice and in the present case, the juvenile’s release would deem inappropriate due to the nature of the offence and his potential threat to society and himself. Read more
Husband’s conviction for murder constitutes mental cruelty; wife entitled to divorce: MP High Court
In a first appeal against the order of Family Court dismissing appellant/wife’s petition seeking dissolution of her marriage with the husband who is sentenced to life imprisonment for murder, a division bench comprising of Vivek Rusia* and Rajendra Kumar Vani, JJ., held that the husband’s conviction for murder and other criminal activities constitute mental cruelty towards the wife and the separation due to the husband’s imprisonment amounts to desertion. The Court dissolved the marriage between the appellant and respondent and directed to draw a decree accordingly. Read more
“Adding specific dress in Cartoon prima facie indicates attempt to promote enmity”; Madhya Pradesh HC refuses to quash FIR against Folk Singer
In an application filed under Section 482 of the Criminal Procedure Code, 1973 (CrPC) seeking to quash the FIR registered under Section 153-A of the Penal Code, 1860 (IPC) against the applicant, a folk singer, who uploaded a cartoon on her social media accounts which allegedly promoted enmity between different groups, a single-judge bench comprising of G.S. Ahluwalia, J., held that the applicant’s inclusion of specific dress details not related to the actual incident suggests an intent to attribute the incident to a particular group, potentially inciting enmity and disrupting harmony. The Court found that the applicant’s actions prima facie constituted promoting enmity between different groups, a punishable offence under Section 153-A IPC. The Court dismissed the application for quashment of FIR and stated that the applicant’s defense regarding intent should be examined during the trial. Read more
Legal heirs of deceased employee entitled to benefits under Mukhyamantri COVID-19 Yoddha Kalyan Yojna: MP High Court
In a writ petition challenging the orders passed by the Deputy Relief Commissioner, Department of Revenue (M.P.) rejecting petitioners’ claim to receive the benefit of Mukhyamantri COVID -19 Yoddha Kalyan Yojna, a division bench comprising of Raj Mohan Singh* and Avanindra Kumar Singh, JJ., held that petitioners are entitled to the benefits under the Mukhyamantri COVID-19 Yoddha Kalyan Yojna and found the orders denying the benefits to be illegal, arbitrary, and discriminatory. The Court directed the respondents to provide the benefits under the scheme, and imposed costs for the undue harassment caused to the petitioners. Read more
ORISSA HIGH COURT
Orissa HC sets aside husband’s conviction for wife’s murder for having no link in chain of circumstantial evidence & failure to prove last seen theory
In a criminal appeal filed under Section 374(2) of the Code of Criminal Procedure, 1973 (‘CrPC’), seeking to assail the conviction held by the Trial Court for offence under Section 302 of the Penal Code (‘IPC’), the Division Bench of D. Dash and G. Satapathy*, JJ. allowed the appeal and set aside the impugned decision. Read more
PATNA HIGH COURT
[BPSC Recruitment] State’s policy granting grace marks to contractual teacher and not to guest teacher is violative of Art. 14: Patna High Court
In a writ petition filed by a number of guest teachers to grant them a relaxation of five marks by the Bihar Public Service Commission (‘BPSC’) according to Bihar Municipal Body Secondary and Higher Secondary School Service (Appointment, Promotion, Transfer, Disciplinary Action and Service Conditions) Rules, 2020 (‘the Rules’), and to publish a supplementary result in favour of guest teacher working for five and a half years, Anjani Kumar Sharan, J., held that the merit list by BPSC had already been published and appointments were made accordingly, because of which the petition for publishing supplementary results was rejected. Further, the Court held that the guest teachers and teachers working on a contractual basis were discharging the same duties and hence were entitled to the same relaxation of five marks per year (maximum 25 marks) for the job of school teachers at government schools. Read more
PUNJAB & HARYANA HIGH COURT
Punjab & Haryana HC impose Rs. 50k cost on Haryana Govt; highlights routine practice of not releasing payment due to contractors
In a present petition filed under Article 226/227 of the Constitution seeking to direct the respondent to release the payment of running bill of the petitioner along with 18% interest from the date of bills till actual realization. Vinod S. Bhardwaj*, J., condemn the act and conduct of the respondents in unreasonably withholding the legitimate and admissible dues of the contractors. The Court directed respondent 5- Executive Engineer, Panchayati Raj, Public Works, Haryana, Mini Secretariat, Panchkula to take this petition as representation and pass a reasoned and speaking order within three months of the receipt of certified copy of this order, after giving appropriate opportunity of hearing to parties. Read more
Cogent material required to indicate convict’s parole likely to endanger security of state; Punjab and Haryana HC directs District Magistrate to reconsider parole application
In the case where the petitioner had filed the petition seeking to quash and set aside the impugned order dated 10-04-2023, passed by Respondent 3-District Magistrate, Ferozepur, and seeking directions to release him for eight-week parole to enable him to meet his family members and to settle household affairs, the Division Bench of Lisa Gill and Amarjot Bhatti, JJ., noted that as per the impugned order, petitioner was not granted temporary parole because he could indulge in smuggling of narcotics, and he might also abscond during parole. The Court stated that such mere apprehension was not a valid ground for rejection of application filed by petitioner seeking parole. To consider the question that whether the petitioner’s release on parole was likely to endanger security of State or maintenance of public order, cogent material to indicate the same had to available, rather than mere registration of various cases against the petitioner. Read more
‘Dealing liquor at personal level can create havoc in society’; P&H HC denies anticipatory bail to a woman accused of distilling liquor at her house
In an application filed by the petitioner under Section 438 of the Code of Criminal Procedure, 1973 (‘CrPC’), apprehending her arrest in the FIR, wherein she was alleged to be distilling illicit liquor, Anoop Chitkara, J., while rejecting the bail application, opined that if people like the petitioner started dealing liquor at their own level, it could create a havoc in the society. Read more
‘Deliberate attempt to mislead the Court’; Punjab and Haryana HC imposes costs of Rs 50 thousand for not disclosing similar petition that was dismissed for non-prosecution
In a petition filed by the petitioner seeking to quash the FIR registered under Sections 452 and 354 of the Penal Code, 1860 (‘IPC’), Sections 8 and 12 of Protection of Children from Sexual Offences Act, 2012 and Section 354-A and 195-A of IPC, Sumeet Goel, J., noted that in the present petition, petitioner stated that he had not filed similar petition for quashing before the present Court or the Supreme Court. However, the Court noted that the petitioner had earlier filed the present petition, which was dismissed for non-prosecution on 01-04-2024 and the present petition was filed on 17-05-2024. Therefore, the inevitable conclusion was that a deliberate attempt was made to mislead this Court and such surreptitious attempts were needed to be curbed with an iron hand. Thus, the Court imposed the cost of Rs. 50,000 on the petitioner, which should be deposited by him with the Trial Court within eight weeks. Read more
SIKKIM HIGH COURT
[Comprehensive Policy or Act Policy] | “No premium was paid to cover a gratuitous passenger”; Sikkim HC upholds compensation granted by MACT as per an Act Policy
In an appeal made under Section 173 of the Motor Vehicles Act, 1988 (“MVA”), the appellants had challenged the denial of compensation of Rs. 99,21,020 by the Motor Accidents Claims Tribunal, Gangtok (“MACT”), upon the demise of the deceased Assistant Sub-Inspector of Police (ASI). The MACT in its impugned order had found that the insurance policy of the vehicle in accident that the deceased was travelling in, was an “Act Policy” and not a “Comprehensive Package Policy”. Read more
‘Inconsequential discrepancies in evidence do not dispel credibility of prosecution case’: Sikkim HC upholds conviction order of POCSO convict
In an appeal filed by the convict challenging the judgment and conviction order of the Trial Court, wherein the Court sentenced him to undergo rigorous imprisonment for 20 years and Rs. 5000/- fine under Section 5(m) punishable under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (‘POCSO Act’), the Division Bench comprising of Bhaskar Raj Pradhan and Meenakshi Madan Rai* JJ., dismissed and disposed of the appeal and upheld the Trial Court’s judgment, noting that material discrepancies and a delay in lodging the First Investigation Report (‘FIR’) should not be grounds to throw out prosecution in cases of sexual offences. Read more
[S. 34, Arbitration and Conciliation Act, 1996] Any attempt to modify an award would amount to crossing the ‘Lakshman Rekha’; Sikkim HC reiterates
The parties to a contract, subject to an arbitration clause, had referred their dispute to arbitration; the arbitral award (“Award”) therefrom was challenged by the appellant through an application under Section 34 of the Arbitration and Conciliation Act, 1996 (“ACA”) before the Commercial Court, North Sikkim (“Trial Court”), that modified the Award through its judgment to some extent. The same was challenged before the Division Bench comprising of Biswanath Somadder, CJ, and Bhaskar Raj Pradhan, J.*, by both the parties through two connected appeals under Section 37 of the ACA. The Court discussed the scope of modification of an arbitral award by the court; the Bench found that the first appeal was not maintainable, whereas the second appeal was allowed. Therefore, the impugned judgment of the Trial Court was partly set-aside. The Court reiterated Supreme Court’s decision in SV Sundaram v. State of Karnataka, (2024) 3 SCC 623, wherein it was observed that any attempt to modify an award under Section 34 would amount to crossing the “Lakshman Rekha”. Read more
TELENGANA HIGH COURT
Preventive detention is justified only when an individual’s actions have potential to affect Public Order: Telangana High Court
The present writ petition was filed by the petitioner to declare/quash the Preventive Detention Order dated 02-06-2021 and proclamation notice dated 24-01-2023 issued by Respondent 2, as illegal. The Division Bench of K. Lakshman and P. Sree Sudha, JJ., opined that issuance of Preventive Detention order which drastically curtailed the petitioner’s right to liberty under Article 21 of Constitution was certainly neither the most suitable nor the least restrictive method of preventing the petitioner from engaging in any further alleged criminal activity. The Court held that there was no necessity for the detaining authority to issue the impugned detention order as the regular laws were adequate to address the present matter and thus, resorting to preventive detention laws was unwarranted and was liable to be set aside. Read more
UTTARANCHAL HIGH COURT
Uttaranchal HC directs Labour Commissioner to inspect all brick kilns to ensure minimum wages are being paid to workers
The present writ petition was filed seeking to issue a writ, order, or direction in the nature of Mandamus directing the respondents to take proper measures for the compliance of the Government Order No. 329/VIII/19-228(Labour)/2001-Part-II dated 08-03-2019 and Government Order No. 306/ VIII-1/24- 228(Labour)/ 2001-Part-II dated 15-03-2024 and to provide minimum wages/salary to the brick kiln workers otherwise the petitioner shall suffer irreparable loss and legal injury. Manoj Kumar Tiwari, J., directed the Labour Commissioner, Uttarakhand, to have all Brick Kilns inspected to ensure that the minimum wages, as revised vide Government Order dated 15-03-2024, were paid to all the workers. Read more
