CITIZENS, MIGRANTS AND ALIENS
DELHI HIGH COURT | OCI blacklisting set aside over lack of due process and clear justification for entry restriction
A petition was filed by the petitioner, a United States national holding the status of an Overseas Citizen of India (OCI), challenging the legality of two restrictive measures imposed upon him i.e., firstly cancellation of his OCI card under the Citizenship Act, 1955, and the Citizenship Rules, 2009 and subsequent blacklisting order issued by the Ministry of Home Affairs under the Foreigners Act, 1946, which prohibited his entry into India due to alleged involvement in activities deemed prejudicial to the interests of India. Sanjeev Narula, J., set aside both the show-cause notice and the cancellation order, as well as the blacklisting order being procedurally deficient. Read more HERE
CONTEMPT OF COURT
DELHI HIGH COURT | Advocate sentenced for criminal contempt over scandalous allegations against judicial officers and police
A contempt petition was filed in response to repeated and scandalous actions by the respondent, who, over a span of time, filed numerous baseless complaints, nearly 30 to 40, against various judicial officers, police officers, and judges of the court containing derogatory and offensive language that disrespected the dignity of the judiciary, attempting to malign the image and authority of judicial officers. A division bench of Prathiba M Singh and Amit Sharma, JJ., held that the respondent’s conduct, which involved filing frivolous complaints and making scandalous statements against judicial officers, amounted to criminal contempt as it seriously undermined the authority of the court and impeded the administration of justice. Read more HERE
CRUELTY
BOMBAY HIGH COURT | ‘Making wife sleep on carpet not cruelty’; Conviction u/s 306 IPC against husband and in-laws set aside
In the present case, appeal was filed to challenge the judgment and order dated 15-04-2004 passed by the IIIrd Additional Sessions Judge, Jalgaon in a case wherein appellants were held guilty for offence punishable under Sections 498-A2 and 306 read with Section 343 of the Penal Code, 1860 (‘IPC’). A Single Judge Bench of Abhay S. Waghwase, J., opined that making the wife (deceased) merely sleep on carpet would not amount to cruelty and preventing her to mix with neighbour could not be termed as harassment. The Court stated that there was no evidence to show that at the point of suicide or any proximity to the suicide, there was any demand, cruelty, or maltreatment to connect them with the suicidal death and what triggered the suicide was a mystery. The Court, therefore, allowed the appeal, quashed, and set aside the conviction, and acquitted appellants of the offence punishable under Sections 498-A and 306 read with Section 34 of IPC. Read more HERE
ELECTION
BOMBAY HIGH COURT | ‘Courts can interfere only to facilitate election’s progress’; petition filed by candidate against rejected nomination disposed: Maharashtra Legislative Assembly Elections
The present petition challenged the rejection of a nomination filed by petitioner to contest as a candidate in the forthcoming elections of the Maharashtra Legislative Assembly in ‘the 173 Chembur Constituency’. The Division Bench of Arif S. Doctor and Somasekhar Sundaresan, JJ., disposed of the petition and opined that no case was made out for intervention within the scope of powers available under Article 226 of the Constitution, since not only was the oath not administered within the stipulated time by petitioner, but also, the nomination form itself was not signed by the proposer. Read more HERE
ENVIRONMENT LAW
PUNJAB & HARYANA HIGH COURT | DM and SSP personally liable in case of violation to follow directions to curb noise pollution
In a petition filed essentially complaining of noise pollution caused by Respondent 7, the Division Bench of Sheel Nagu, CJ and Anil Kshetarpal, J., stated that since noise pollution was part of the air pollution and was punishable under the Air (Prevention and Control of Pollution) Act, 1981 (‘Air Act’), the petitioner was granted liberty to approach the police station concerned and lodge an FIR in case of any violation of the guidelines laid down in Reet Mohinder Singh v. State of Punjab, 2019 SCC OnLine P&H 7001 (‘Reet case’). Read more HERE
FAMILY AND PERSONAL LAWS
DELHI HIGH COURT | Special Marriage Act registration for Muslim couple annulled due to conflict with Islamic Law
A petition was filed by a couple (the petitioners) seeking annulment of their marriage registration under the Special Marriage Act, 1954, after they had initially registered their marriage under this Act due to the absence of an online mechanism for registering marriages under Muslim Personal Laws. Sanjeev Narula, J., annulled the registration and held that the registration under the Special Marriage Act was inapplicable, as the petitioners’ marriage was solemnized under Islamic law, and the lack of an effective registration mechanism for such marriages under Muslim Personal Laws led to the erroneous registration. Read more HERE
MADHYA PRADESH HIGH COURT | Father-in-law not liable to maintain Daughter-in-law under Muslim Personal Law
In a petition filed by father-in-law (petitioner) challenging trial court’s order awarding Rs. 3,000 per month as maintenance to widow daughter-in-law (respondent), a single-judge bench of Hirdesh, J., reaffirmed that, under Mahomedan law, a father-in-law is not obligated to support his daughter-in-law financially and set aside the maintenance order. Read more HERE
UTTARANCHAL HIGH COURT | Wife appointed as guardian of her husband who is in a comatose state
The present writ petition was filed by petitioner-wife for the appointment of a Guardian for her husband, as he was in a comatose state. A Single Judge Bench of Pankaj Purohit, J., appointed petitioner as the Guardian of her husband regarding his properties, bank accounts, and for all such acts that were necessary to the best interest of her husband. Read more HERE
KERALA HIGH COURT | Family Court order granting permanent child custody to father set aside; Stressed importance of credible evidence for postpartum depression allegations
In a petition challenging the Family Court’s decision, which found that the mother was suffering from psychiatric disorders and granted permanent child custody to the father, the Division Bench of Justices Devan Ramachandran and M.B. Snehalatha, JJ. while setting aside the impugned orders, observed that postpartum depression, while common in some women, is typically temporary and does not persist indefinitely. The Bench emphasized that alleging that the mother was still suffering from postpartum depression and was unwilling to nurse the child must be supported by cogent and reliable evidence. Read more HERE
GRAVE AND SUDDEN PROVOCATION
ORISSA HIGH COURT | It is not grave provocation if wife asks husband to wait for food; Conviction, upheld
In an appeal arising from the judgment and order of the Trial Court wherein the appellant had been sentenced to life imprisonment for the murder of his wife, the division bench of S.K. Sahoo and Chittaranjan Dash, JJ., held that the Trial Court was correct in relying on the sole testimony of the minor daughter who was eye-witness to the crime as her testimony was cogent and had been corroborated by medical evidence. Read more HERE
HUMAN AND CIVIL RIGHTS
MADHYA PRADESH HIGH COURT | Aadhaar Card not valid proof of age for compensation claims under Mukhyamantri Jan Kalyan (Sambal) Yojna
In a writ petition filed under Article 226 of the Constitution of India challenging an impugned order dated 22-02-2024, which denied the petitioner’s claim for benefits under the Mukhyamantri Jan Kalyan (Sambal) Yojna, 2018 due to age factor, a single-judge bench of G. S. Ahluwalia, J., held that Aadhaar Card is a document of identity, not proof of age and upheld the respondent’s decision to reject the compensation claim based on age records other than the Aadhar Card. Read more HERE
GUJRAT HIGH COURT | Termination of pregnancy of minor rape victim allowed; Directions issued for medical board
While hearing a special criminal application filed by the minor rape victim’s father to terminate her pregnancy of 24 weeks, Sanjeev J Thaker, J. held that since the victim and her guardian are desirous of termination of pregnancy and continuation would result in adverse mental and physical effects, the victim is permitted to undergo medical termination of her pregnancy. Read more HERE
KARNATAKA HIGH COURT | Appellate Authority can consider interim application seeking stay despite absence of any specific provision in POSH Act
While considering the instant petition challenging a final report of internal committee against Sexual Harassment of Women at Workplace and a consequent transfer order, the Bench of S. Sunil Dutt Yadav, J.*, explained that despite the absence of specific provision in POSH Act for granting of interim order, the Appellate Authority would have the power to consider the interim application. Read more HERE
INTELLECTUAL PROPERTY
BOMBAY HIGH COURT | Temporary injunction granted to mark “CAMPA” in a trade mark infringement case against “JHAMPA”
A Single Judge Bench of R.I. Chagla, J., held that defendant’s use of the impugned mark ‘JHAMPA’ and labels amount to infringement of applicant’s copyright and registered trade mark ‘CAMPA’ and thus, a case for grant of ad-interim reliefs was made out. Thus, the Court till final disposal of the suit, granted temporary injunction restraining defendant from directly or indirectly, infringing, adopting, using, offering for sale, manufacturing, distributing, selling, advertising, depicting, displaying, during trade and/or business/service, applicant’s trade marks including the registered trade mark ‘CAMPA’. Read more HERE
DELHI HIGH COURT | Relief provided to INOX India in Copyright Registration Appeal; directs Registrar of Copyrights to issue fresh Copyright Registration Certificate after rectification
In an appeal filed by the Inox India Limited (‘the appellant’) to challenge the remarks mentioned in the Copyright Registration Certificate dated 23-01-2023, issued by the Registrar of Copyrights, Mini Pushkarna, J., noted that the Registrar of Copyrights, (‘respondent’) had submitted that the impugned remarks from the certificate issued to the appellant, should be removed within a period of four weeks and a fresh certificate should be issued to the appellant. The respondent further submitted that the Registrar of Copyright, Headquarter, was in the process of introducing changes in the website portal of the respondent. Thus, the Court stated that the requisite rectification should be carried out, and a fresh certificate to be issued to the appellant, within four weeks. Read more HERE
LABOUR LAW
DELHI HIGH COURT | ‘Employee’s transfer in transferable service is necessary incident of service career’: Transfer of a workman from Delhi to Chennai upheld
In a petition filed under Article 226 and 227 of the Constitution challenged the Labour Court award dated 24-04-2024, whereby it was held that the petitioner’s services were not terminated by the respondent under the garb of transfer order dated 18-01-2017, Girish Kathpalia, J., stated that the transfer of an employee in a transferable service was a necessary incident of the service career. Unless the transfer decision was vitiated by mala fides, there were no judicially manageable standards for scrutinizing all transfers. Read more HERE
PIL
MEGHALYA HIGH COURT | ‘NH-6 is lifeline for Meghalaya, Tripura & Mizoram’; Repair of badly damaged 5-km stretch directed to be done within 2 weeks
In a public interest litigation concerning the bad condition of NH-6 for stretch of 102.255 km between Jowai and Ratacherra, the Division Bench of IP Mukerji and W. Diengdoh, JJ. directed for repair of badly damaged 5-km stretch within 2 weeks from the date of this order. Read more HERE
PRACTICE AND PROCEDURE
MADHYA PRADESH HIGH COURT | Closure of right to cross-examine prosecutrix upheld due to usage of intentional delay tactics to harass her
In an application filed under Section 482 of the Criminal Procedure Code, 1973 (CrPC), challenging the Additional Sessions Judge’s order dated 06-03-2024 which closed the applicant’s right to cross-examine the prosecutrix due to repeated adjournment requests, a single-judge bench of G. S. Ahluwalia, J., denied the application to reopen cross-examination due to the applicant’s repeated delays and refusal to pay witness costs. Read more HERE
QUASHMENT OF PROCEEDINGS/ FIR
MADRAS HIGH COURT | ‘Hugging or kissing between teenagers in love is natural’, Case against 21-year-old boy accused of sexual harassment quashed
In a criminal original petition filed under Section 482 of the Code of Criminal Procedure, 1973 (‘CrPC’) to call for the records pertaining to the FIR and quash the same as illegal, N. Anand Venkatesh, J. held that no offence has been made out against the petitioner even if the allegations made in the First Information Report are taken as it is. Therefore, the continuation of the criminal proceedings against the petitioner will result in an abuse of process of law. Read more HERE
DELHI HIGH COURT | FIR against Madhuri Jain Grover, wife of Ashneer Grover, quashed in economic offences case after settlement
A petition was filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’) read with Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of the FIR dated 10-05-2023 registered at Police Station — Economic Offences Wing, Delhi for offences punishable under Sections 406, 408, 409, 420, 467, 468, 471 and 120-B of Penal Code, 1860 and all the consequential proceedings arising therefrom, in terms of the Settlement Agreement dated 30-09-2024. Chandra Dhari Singh, J., held that the FIR could be quashed if it was found that continuing the proceedings would serve no useful purpose and would only burden the judiciary with a matter that the parties had willingly resolved among themselves. Read more HERE
SC/ST ACT
RAJASTHAN HIGH COURT | ‘Bhangi, Neech, Bhikhari, Mangani are not caste-based slurs’; charges set aside
In a petition seeking to quash charges under Penal Code, 1860 and Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act), a single-judge bench of Birendra Kumar, J., quashed the charges under SC/ST Act and held that to establish an offense under Section 3(1)(X) of the SC/ST Act, the intent to humiliate based on caste must be evident, and the act must occur within public view. Read more HERE.
