ALLAHABAD HIGH COURT
‘Callous and negligent attitude’; Allahabad HC directs Lucknow University to pay Rs 2 lakhs compensation for withholding a student’s 3rd year result on presumption of misconduct
In a writ petition filed by student, the petitioner, assailing the order by the Luckow University, that had cancelled petitioner’s examination from 2009 based on allegations of transplantation of answer sheets and later passed the impugned order allowing her to sit in the examinations, but not communicating such order to the petitioner, Alok Mathur, J., allowed the writ petition and said that there was no definitive conclusion with regard to culpability of petitioner, and directed the respondents to pay a sum of Rs 2 lakhs to the petitioner as compensation for the callous and negligent actions of the Lucknow University. Read more
‘Employer may pass order cancelling candidature on suppression of pending criminal case’; Allahabad HC upholds termination of candidate appointed to Class-IV post in District Judgeship
In an appeal filed under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952 against the judgment and order dated passed by the Single Judge, wherein the Court affirmed the order passed by the District Judge, by which the services of the petitioner have been terminated, the division bench of Mahesh Chandra Tripathi and Prashant Kumar, JJ. has said that the impugned judgment is just and proper as it has also elaborately dealt with each aspect of the issues involved, while affirming the order passed by the District Judge. Read more
‘No Work-No Pay’ principle is not applicable to Govt. employees for the period of absence, upon reinstatement after exoneration: Allahabad HC
In a writ petition filed against the order passed by the Superintendent of Police (‘SP’), wherein he directed that the petitioner should not be paid his salary for the period during which he was out of service on the principle of ‘no work no pay’, Salil Kumar Rai, J. held that the petitioner had been wrongly denied his salary for the period between 9-1-2020 to 29-9-2020, therefore, he is entitled to the cost of the writ petition which is quantified as Rs.25,000/- and is also entitled to interest on the pay and allowances payable to him for the period he was out of service. The Court directed the SP to pay the petitioner his full pay and allowances for the period of absence along with simple interest calculated at the rate of 6% per annum and also, the cost of the writ petition within a period of one month from the date of this order. Read more
BOMBAY HIGH COURT
Mere presence at hotel as ‘customers’ while women dance in obscene manner, not sufficient to attract offence u/s 294 of IPC: Bombay High Court
Petitioners, who were accused in a case pending before the Metropolitan Magistrate, 40th Court, Girgaum, at Mumbai, under Sections 294, 114, read with 343 of the Penal Code, 1860 (‘IPC’) and under Sections 3, 8(1), 8(2), 8(3), and 8(4) of the Maharashtra Prohibition of Obscene Dance in Hotels, Restaurants and Bar Rooms and Protection of Dignity of Women (working therein) Act, 2016, had filed the present petition seeking quashing of the said case. Read more
‘Reporting sexual offence brings disrepute to family’; Bombay HC upholds man’s conviction under POCSO as victim’s family had no reason for false implication
The appeal was filed by appellant-convict challenging his conviction for offence under Section 9(m) punishable under Section 10 of the Protection of Children from Sexual Offences Act, 2012 (“POCSO”); under Section 8 of POCSO and Sections 354 and
Bombay HC grants bail to persons accused under UAPA for alleged links with Dawood Ibrahim
In two criminal appeals heard together by the Division Bench of Bharati Dangre and Manjusha Deshpande, JJ., the accused persons against whom the offences punishable under Sections 17, 18 and 20 of the Unlawful Activities (Prevention) Act, 1967 (“UAPA”), Sections 121-A1 and 120-B2 of the Penal Code, 1860 (“IPC”), read with Sections
Bombay HC upholds rejection of compassionate appointment to deceased Junior Clerk’s son due to delayed application
The petitioner whose mother was employed at the District Court, Ambejogai, Beed, (“respondent 4”) as a Junior Clerk, had passed away in a road accident when he was 7-years old, challenged the rejection of his application for a compassionate appointment with the respondent 4. The Division Bench of Ravindra V. Ghuge and Y.G. Khobragade*, JJ., opined that petitioner’s application was not made in a timely manner to secure the benefit of compassionate appointment, as stipulated under the Bombay High Court Revised Guidelines for Appointment on Compassionate Ground, 2019 (“2019 Guidelines”). The Court further observed that the petitioner and his family had not been suffering financially for 13 years since the death of the deceased until the date of application of the petitioner. The Court observed that the grant of a compassionate appointment to the petitioner would have defeated the very purpose of the benefit. Read more
Bombay HC holds retired professor entitled to pensionary benefits; directs authorities to perform formalities
The Division Bench of Nitin Jamdar* and M.M. Sathaye, JJ., decided on a petition filed by a retired university professor, aggrieved of the respondents’ indecision on the status of her pensionary benefits. The respondents contended that certain formalities were not performed on the part of Respondent 3, the Savitribai Phule Pune University (“University”), thereby rendering the petitioner ineligible for pensionary benefits. The Court observed the non-performance of formalities on the part of the university was not the petitioner’s fault, and thereby instructed the university to perform the requisite formalities and directed the respondents to take a decision on the same within eight weeks. Notwithstanding, the Court held that given the undisputed and unobjected service of twenty-three years of the petitioner, they were entitled to pensionary benefits. Read more
DELHI HIGH COURT
[Anti CAA Protests] Delhi Police have done so far is “too-little, too-late”; Delhi High Court directs transfer of death investigation of young man to CBI
A petition was filed by the petitioner, mother of deceased young man who allegedly died during custodial interrogation, seeking to issue a direction constituting a “fresh’ Special Investigation Team (SIT) comprising senior police officers with demonstrably unblemished record and credibility to carry-out an independent, impartial, professional and time-bound investigation into the death under the supervision of the Court and monitor the investigation by calling-for periodic status reports/action taken reports. Anup Jairam Bhambhani, J., directed that investigation in case be transferred to the Central Bureau of Investigation, New Delhi (“CBI’) for further investigation, in accordance with law and further directed that the CBI would be entitled to add to the FIR any other offence(s) as may be found to be made-out in the case. The Court also made clear that the investigation conducted thus far by Delhi Police, as well as all material and evidence collected and all statements recorded by them, shall form part of the records of the case, and shall be dealt-with conjointly with the material, evidence and statements that the CBI would collect/record in the further investigation. Read more
Does information seeker have locus standi in penalty proceedings under Section 20 of RTI Act? Delhi HC answers
In an appeal filed by appellant challenging the order dated 12-03-2024 (‘impugned order’) passed by the Single Judge, whereby the appellant’s writ and review petition seeking imposition of penalty on the officials concerned under Section 20 of the Right to Information Act, 2005 (“RTI Act”) had been dismissed, the Division Bench of Manmohan*, ACJ. and Tushar Rao Gedela, J., dismissed the appeal and held that information seeker had no locus standi in penalty proceedings under Section 20 of the RTI Act. Read more
Delhi High Court directs Disclosure of Forensic Audit Report on Show Cause Notices by IDBI Bank
A petition was filed seeking issuance of appropriate writ, order or direction seeking to annul two Show Cause Notices issued by IDBI Bank (respondent) on 19-06-2024, on the ground that these notices are illegal, invalid, and void issued by the respondent-bank. Dharmesh Sharma, J., held that this is a fit case for issuance of notice and directed the respondent to place on record the complete report of the forensic audit conducted by Grant Thornton LLP. Read more
Delhi High Court upholds order by CAT directing grant of maternity leave to lady constable for third child
In a writ petition filed under Articles 226 and 227 of the Constitution to challenge an order dated 31-10-2023 passed by the Principal Bench, Central Administrative Tribunal (‘Tribunal’), Delhi, a Division Bench of Suresh Kumar Kait and Girish Kathpalia *, JJ. upheld the impugned order while stating that it was a humane and progressive view and dismissed the petition with an expectation that the government authorities would re-examine the sustainability of Rule 43 of the Central Civil Services (‘CCS’) (Leave) Rules, 1972. Read more
Delhi High Court grants interim injunction against shops from unauthorised use of brand name ‘Peter England’ outside their shops
In a suit filed by Aditya Birla Fashion and Retail Ltd. (‘Aditya Birla Fashion’) seeking permanent injunction to restrain the infringement of trade mark, copyright, passing off, unfair trade practice, declaration, rendition of accounts, damages, delivery up, etc., a Single Judge Bench of Mini Pushkarna, J. held that Aditya Birla Fashion had made a prima facie case in their favour and restrained the defendants from both, using the mark ‘Peter England’ outside their shop and in the invoice/business paper. Read more
‘Yamuna River Floodplain must be zealously protected from encroachment and unauthorised construction’: Delhi HC upholds demolition of temple near Yamuna Bank
In an appeal filed by Pracheen Shiv Mandir Avam (‘appellant’) against the impugned judgement, whereby the Single Judge ordered the Delhi Development Authority (‘DDA’), the respondent, to remove idols and encroachments from the Yamuna Bank, the Division Bench of Manmohan*, ACJ. and Tushar Rao Gedela, J., dismissed the appeal and observed that the construction of temple over the land was unauthorized and the DDA had proper authority to remove any such unauthorized construction or structures. Read more
Delhi High Court directs removal of defamatory posts and videos against Dhanya Rajendran; grants ad interim relief
In a suit filed for mandatory and permanent injunction against the defendants to take down/remove various false and defamatory, malicious, and unsubstantiated articles and videos containing allegations that had been made to tarnish Dhanya Rajendran’s (plaintiff 1) reputation, a Single Judge Bench of Vikas Mahajan, J. held that the plaintiffs had made a case for the grant of ad interim relief and directed the defendants to take down/remove/restrict access/block the URLs of the posts and videos containing defamatory statements against the plaintiffs within ten days. Read more
Bail application filed under CrPC treated as one under BNSS; Delhi High Court refrains from taking coercive steps against husband accused of sexual assault
In a bail application filed under Section 438 read with Section 482 of the Code of Criminal Procedure, 19731 (‘CrPC’) seeking anticipatory bail, a Single Judge Bench of Anup Jairam Bhambhani, J. treated the petition as one filed under Section 482 read with 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’) and held that no coercive steps should be taken against the petitioner till the next date of hearing. Read more
‘Situation not emergent to justify parallel adjudication by Court’: Delhi High Court dismisses Section 9 Arbitration petition due to Lack of Urgency
In an application filed under Section 9 of the Arbitration and Conciliation Act, 1996 (‘Act’) by the petitioner seeking interim relief while disputes between the parties were already being adjudicated by a tribunal of 3 arbitrators involving a dispute arising from a Construction, Procurement of Materials and Equipment Contract dated 06-08-2021 alleging multiple defaults constituting a material breach of the contract., C. HARI SHANKAR, J., dismissed the petition and observed that when disputes are already being adjudicated upon by an Arbitral Tribunal, Court should interfere by granting interim reliefs only if urgency of the situation could be demonstrated satisfactorily. Read more
GUJARAT HIGH COURT
Gujarat HC permits 15-year-old mentally challenged girl to undergo abortion at 28 weeks of pregnancy
In a writ petition filed by a mentally challenged 15-year-old girl’s father, on her behalf, seeking permission to terminate her pregnancy of 28 weeks, Nirzar S. Desai, J., allowed the petition keeping in view the girl’s (‘petitioner’) mental condition, age and financial conditions, and directed the SMIMER Hospital and Medical College, Surat (‘hospital’) to perform the procedure at the earliest. Read more
JHARKHAND HIGH COURT
Not necessary to prove motive behind offence, when eyewitness testimony is credible: Jharkhand HC upholds conviction
In a criminal appeal against the judgment of conviction and order of sentence dated 20-11-2017 and 27-11-2017, respectively, passed by the Additional Judicial Commissioner-V, Ranchi (‘the Trial Court’), whereby the appellant was found guilty under Section 302 of the Penal Code, 1860 (‘IPC’), the Division Bench of Ananda Sen* and Subhash Chand, JJ., the testimony of eyewitnesses could not be discredited nor there was any material to disbelieve them and their evidence had not been shaken. The Court stated that when there was an eyewitness, who had seen the commission of murder and their evidence was credible, it was not necessary that the prosecution had to prove the motive behind the offence. Thus, the Court stated that the impugned judgment and order of sentence did not want any interference and accordingly, dismissed the present appeal. Read more
District Magistrate not adjudicating authority under SARFAESI Act; only duty to assist secured creditor in taking possession of property: Jharkhand HC
In a petition filed with the grievance that the petitioner’s application under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (‘SARAFESI Act’) had been kept pending by the Deputy Commissioner/ District Magistrate, East Singhbhum, since 08-07-2022, Ananda Sen, J., stated that the District Magistrate was not the Adjudicating Authority under the SARFAESI Act. His duty was only to assist the secured creditor in taking possession of the property, so that the possession could be taken peacefully and if someone obstructs, appropriate action could be taken against him. Thus, the Court directed the Deputy Commissioner/District Magistrate, East Singhbhum, to immediately, within two weeks, take appropriate steps and dispose of the petitioner’s application in terms of Section 14 of the SARFAESI Act. Read more
KARNATAKA HIGH COURT
Know Why Karnataka HC Recalled its judgment holding watching website containing child porn not an offence under S. 67-B of IT Act, 2000
While deliberating over the instant application filed before the Court seeking to recall the Court’s judgment dated 10-07-20241, where it had held that watching pornographic website does not amount to publishing or transmitting of material, as necessary under Section 67-B of the Information and Technology Act, 2000; the Bench of M. Nagaprasanna, J.*, recalled the impugned judgment dt. 10-07-2024 and restored the petition to the file for re-hearing. Read more
Order granting/declining ex-parte interim measure in Commercial Arbitration Dispute is appealable under S. 37, A&C Act, 1996: Karnataka HC
While considering the instant appeal, wherein the Court had to consider that whether an order refusing or granting ex-parte interim measure on an application under Section 9 of the Arbitration and Conciliation Act, 1996 (A&C Act) falling under ‘Commercial Arbitration Dispute’ is appealable order under Section 37 of the A&C Act; or whether such an appeal is barred under the proviso to Section 13(1A) of the Commercial Courts Act, 2015, the Division Bench of Anu Sivaraman and Anant Ramanath Hegde*, JJ., opined that an order granting or declining ex-parte interim measure is appealable under Section 37 of A&C Act, even if a dispute under Section 9 of A&C Act is before the Commercial Court. Read more
KERALA HIGH COURT
‘Refusal to acknowledge irretrievable breakdown of marriage does more harm than good’: Kerala HC allows appeal by wife for divorce
In an appeal filed by the wife challenging the judgment passed by the Family Court, which had dismissed her petition seeking dissolution of marriage on the ground of cruelty, Raja Vijayaraghavan V and P.M. Manoj*, JJ. allowed the appeal and dissolved the marriage between the parties while observing that refusal to acknowledge the irretrievable breakdown of the marriage does more harm than good. Read more
MADHYA PRADESH HIGH COURT
“Took almost five decades for Centre to realise its mistake”; Madhya Pradesh High Court on ban on Govt. Employees from joining RSS
In a writ petition challenging the constitutional validity, legality, and propriety of sub-rules 12, 12A, and 13 of Rule 5 of the Central Civil Service (Conduct) Rules, 1964 (CCS Rules) thereby restricting central government employees from being members of or participating in the activities of the Rashtriya Swayamsevak Sangh (RSS), a division bench comprising of S.A. Dharmadhikari* and Gajendra Singh, JJ., disposed of the petition with the directions for public dissemination of the recent circular dated 09-07-2024 which removed the mention of the RSS from the impugned OMs of 1966, 1970, and 1980 and ensuring that any future decisions regarding RSS’s classification are well-supported by substantial evidence and legal reasoning. Read more
MP High Court slams State’s ‘pathetic attitude’ towards non-compliance of court order; grants extension and imposes Rs. 50,000 Cost
In a petition challenging the actions of the respondent State concerning the operation of select lists for Unreserved and OBC categories where the Court issued certain directions regarding disclosure of merit rankings and appointment details, a division bench comprising of Raj Mohan Singh and Devnarayan Mishra, JJ., granted an extension for compliance with the initial order, subject to the payment of costs of Rs. 50,000 to be deposited with the M.P. High Court Legal Service Authority, Jabalpur. Read more
MP High Court quashes charges under Muslim Women (Protection of Rights on Marriage) Act; stresses on need for UCC to curb superstitious practices
In an application for quashment of FIR on the grounds that the petitioners (mother-in-law and sister-in-law) can be prosecuted under Section 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019, a single-judge bench of Anil Verma, J., partly quashed the FIR concerning the charges under Section 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019 against the petitioners. However, the Court directed the trial court to proceed for the remaining charges under IPC and Dowry Prohibition Act as the prima facie evidence is available on record against the petitioners. Read more
Private documents like telephonic conversation cannot be considered at stage of framing charges: MP High Court
In an application filed under Section 482 of the Criminal Procedure Code, 1973 (CrPC) seeking to recall the order dated 30-05-2024 on the grounds that the court had overlooked a telephonic conversation that was submitted along with the original application, a single-judge bench of G.S. Ahluwalia, J., emphasised the limitations imposed by Section 3622 of CrPC and upheld the original order. The Court held that “the document on which applicant wants to place reliance is not a public document and a private document cannot be considered unless and until it is proved in accordance with law” and dismissed the application on the grounds that no interference was warranted. Read more
MP High Court calls for action against Investigating Officer over dowry death investigation shortcomings; denies bail to accused
In a petition filed under Section 439 of the Criminal Procedure Code, 1973 (CrPC) seeking bail in criminal proceeding for alleged offences under Sections 498-A and 304-B of the Penal Code, 1860 (IPC), a single-judge bench of Rajendra Prakash Soni, J., denied to grant bail due to the seriousness of the allegations and the prima facie evidence against the petitioner. However, the court noted investigatory inaccuracies and called for administrative action against the Investigating Officer concerned. Read more
MADRAS HIGH COURT
‘Shocking that an advocate in robes is seeking protection to run brothel’; Madras HC directs Bar Council to ascertain genuineness of his enrollment and educational certificates
In a petition filed for directing the Police not to disturb the trust and its functions to promote adult recreation and other related activities, B. Pugalendhi, J. while stating that no doubt adults can have sex, but soliciting people and luring them into sexual activities are illegal, had imposed a cost of Rs.10,000/- on him to be paid to the District Social Welfare Officer, Kanyakumari District within period of four weeks from the date of receipt of a copy of this order. Read more
Madras HC stays suspension of KFC operator’s license in Thoothukudi for reusing cooking oil
In a writ petition filed by Sapphire Foods India Ltd., operators of the fast-food chain Kentucky Fried Chicken (‘KFC’) in Thoothukudi against the order issued by the Tamil Nadu Food Safety and Drug Administration Department (‘Food Safety Department’), suspending KFC’s license and quash the same being illegal and thus render justice, G.R. Swaminathan, J. while staying an order passed by the Food Safety Department suspending the license of KFC, said that as per Section 32(1) of the Food Safety and Standards Act, 2006, initially there should be issuance of improvement notices; and if the food business operator fails to comply with the improvement notice, his licence can be suspended. Read more
‘TC is a procedural tool to ensure child’s admission, cannot form basis for denying admission in school or to collect arrear of fees from parents’: Madras HC
In a writ appeal filed by the State against the order directing the All India Private Schools Legal Protection Society (‘Society’) to implement the mandatory requirement of obtaining Transfer Certificate (‘TC’) by a student from the School where he studied, on getting admission to another School, and to allow the School Management to make entries in the Transfer Certificate including non-payment or delayed payment of School fees, the division bench of S.M. Subramaniam and C. Kumarappan, JJ. while setting aside the impugned order, gave the following directions: The State was directed to make all necessary amendments in consonance with the provisions of the RTE Act in Tamil Nadu Education Rules and Code of regulation for matriculation schools, within a period of three (3) months from the date of receipt of a copy of this order. To issue circular / instructions / orders to all the school administrations across the State of Tamil Nadu, not to insist upon to produce Transfer Certificate by the child at the time of Admission and prohibit the School Management from making unnecessary entries in the Transfer Certificate including non-payment or delayed payment of School fees. In the event of violation, actions will be initiated under Section 17 of the RTE Act and under the relevant laws applicable for the protection of children. Read more
MANIPUR HIGH COURT
‘Similarly situated persons should not be left out; Manipur HC allows Veterinary Doctor’s plea seeking benefit of enhanced age of superannuation from 60 to 62 years
In a civil writ petition against a notification of the State Government differentiating between the similarly situated Veterinary Officers for providing superannuation benefit, enhancing the age from 60 to 62 years, A. Guneshwar Sharma, J. allowed the petition and held that the age of superannuation of the petitioner shall stand extended to 62 years. Read more
MEGHALAYA HIGH COURT
‘Love is blind but minor girl was made blind by intoxication to fulfil sexual desire’; Meghalaya HC upholds 20 yrs conviction for sexually assaulting minor girlfriend
In a criminal appeal against a decision of the Special Judge (POCSO), wherein the convict/appellant was convicted for the offences under Sections 3(a)/4 of the Protection of Children from Sexual Offences Act, 2012 (‘POCSO Act’) and under Sections 375(a) and Sections 375(sixthly)/376(2)(U)(n) of the Penal Code, 1860 (‘IPC’), the Division Bench of S. Vaidyanathan and W. Diengdoh, JJ. noting the depositions of the minor girl, her parents, house help and medical evidence, held that it was duly established that the convict intoxicated the girl and taking advantage of the same had physical relationship with the minor girl. Hence, the Court upheld the impugned decision. Read more
PUNJAB AND HARYANA HIGH COURT
Abbreviating new criminal laws will simplify usage of lengthy Hindi terminology; promote inclusivity and facilitate efficient judicial process: Punjab and Haryana HC
In a petition filed by the petitioner under Section 482 of Nagarik Suraksha Sanhita, 2023 seeking anticipatory bail, apprehending her arrest in the FIR registered under Sections 409, 420, 465, 466, 468, 471, 120-B of the Penal Code, 1860 and Sections 13(1)(a), 13(2) of the Prevention of Corruption Act, 2018, Anoop Chitkara, J., opined that before proceeding to adjudicate the bail, the scope of writing the abbreviation of the three newly enacted criminal laws should be found out. The Court stated that condensing the titles of new criminal laws into abbreviation would help standardize the terms in a manner that could be universally understood without grappling with linguistic competence. These were likely to reduce the cognitive load on readers by making the text more scannable, accessible to the process, and compared to the Hindi pronunciation, it was straightforward to pronounce. The Court stated that adopting abbreviations for the new criminal laws would simplify the usage of lengthy Hindi terminology and also, promote inclusivity, facilitating a more accessible and efficient judicial process. Thus, there was nothing wrong if in the FIR, Petitions, orders, etc., referred the new law in abbreviated form, respectively. Read more
[NLU, Sonipat] P&H HC imposes cost of Rs 1 Lakh to Vice Chancellor and Registrar for illegal repatriation of Deputy Registrar
The present petition was filed challenging the office order dated 01-03-2024, whereby, the petitioner who was working as Deputy Registrar at Dr. B.R. Ambedkar National Law University (‘Respondent 1’), was repatriated to Directorate of Secondary Education (‘respondent 3’), Tribhuvan Dahiya*, J., sets aside the impugned office order dated 01-03-2024, directing the University to treat the petitioner as Deputy Registrar with effect from 02-03-2021, in line with the Excutive Council’s resolution dated 10-09-2022. The Court held that the action of repatriation taken by the Registrar with the approval of Vice Chancellor was illegal, arbitrary and in complete derogation of the Dr. B.R. Ambedkar National Law University, Haryana Act, 2012 (‘the University Act’). Thus, the Court imposed costs of the litigation which were quantified as ₹1,00,000 (one lakh) to be paid by these two officers in equal terms out of their own pocket. Read more
