HIGH COURT MAY 2023 ROUNDUP| Stories on Manipur Violence; Relief to Delhi LG; Blinkit trade mark infringement; Third Party Funding; Withdrawal of Rs 2000 notes and more

Allahabad High Court

[Krishna Janmbhoomi -Shahi Eidgah Dispute] Allahabad High Court transfers all pending suits from Mathura Court to itself

In a transfer application, wherein the issue involved in the suit for adjudication relates to Shri Krishna Janmbhoomi and the plaintiffs are claiming right to worship and removal of the present Shahi Eidgah Masjid, Arvind Kumar Mishra-I, J. transferred to itself all the pending suits before the Mathura Court. Further, directed the District Judge, Mathura to prepare a list of all such cases of similar nature involving the subject matter and touching upon its periphery, expressly or by implication include particulars of such cases and to forward the same to this Court within two weeks. Read more

[Bhagwan Shrikrishna Virajman v U.P. Sunni Central Waqf Board]

Allahabad High Court grants bail to 16-year-old boy accused of killing mother for restraining him from playing PUBG

In a criminal revision petition filed to set aside the impugned judgment and order passed by Additional District and Sessions Judge, POCSO Court, Lucknow in offences under Section 302 of the Penal Code, 1860, Shree Prakash Singh, J. by considering that the revisionist is in child protection home since 08-06-2022 and that an undertaking has been given by his father that he will keep an eye on him and the accused will observe good conduct and behaviour, released him on bail, subject to the following conditions: Read more

[Juvenile X (Minor) Thru. His Father v State of UP]

In case of prima facie involvement, summon can be issued even in absence of name in police report or FIR: Allahabad HC reiterates

In an application filed under Section 482 of the Code of Criminal Procedure, 1973 (‘CrPC’), to quash the order passed by Additional District and Sessions Judge in Special Sessions Trial as it was alleged that the summons were issued without application of judicial mind, solely relying upon the statement of the victim under Section 164 CrPC even though from the material collected by the Investigating Officer, no prima facie case was made out against the accused and even his name did not appear in the FIR, or in victim’s statement under Section 161 CrPC, Manju Rani Chauhan, J said that to summon persons upon taking cognizance of an offence, the Magistrate has to examine the materials available before him, to come to the conclusion that apart from those sent by the police, some other persons are involved in the offence. These materials need not remain confined to the police report, charge sheet or the FIR. Thus, the Court dismissed the application. Read more

[Asif Ahmad Siddiqui v State of UP]

[2008 Riots Case] Why did Allahabad High Court stay sentence awarded to BJP MP Kamlesh Paswan during the pendency of revision?

In a criminal revision petition filed by sitting BJP Member of Parliament (from Bansgaon) Kamlesh Paswan and other accused persons against the judgment and order passed by the Additional Civil Judge, wherein the Court convicted him under Sections 147, 341, 435, 511 of the Penal Code, 1860 (‘IPC’) and Section 7 of Criminal Law Amendment Act, Rajeev Misra, J released all the convict persons on bail and stayed the sentence awarded to Kamlesh Paswan during the pendency of the revision. Read more

[Kamlesh Paswan v State of UP]

[POCSO] Allahabad High Court grants bail to accused due to want of bone ossification test accuracy in age determination of victim

In an appeal filed against the judgment and order passed by Additional Sessions Judge, wherein, the Court has acquitted the appellant under Section 363, 366 IPC but convicted the appellant (convict) for offence punishable under Section 6 of Protection of Children from Sexual Offences Act, 2012 (POCSO) and sentenced him to ten years of rigorous imprisonment, Ram Manohar Narayan Mishra, J. has held that the Trial Court has not properly appreciated the evidence appearing on point of age determination of the victim and there are factual and legal errors in the impugned judgment, thus it is not sustainable under law. Therefore, the Court set aside the judgment and order of conviction and sentence passed by Trial Court and acquitted the accused under Section 6 of POCSO Act. Read more

[Vishwanath Ahirwar v. State of U.P]

Allahabad High Court acquits four accused including MoS Ajay Mishra in Student leader Prabhat Gupta’s murder case

In a government appeal filed by the State and criminal revision filed by the complainant against the order of acquittal of all the four accused including Union Minister of State for Home, Ajay Mishra ‘Teni’ by the Trial Court for offences under Section 302 read with Section 34 of the Penal code, 1860 (‘IPC’), the division bench of Attau Rahman Masoodi* and Om Prakash Shukla, JJ. has said that evidence recorded in the present case has been appreciated in its correct perspective and the Trial Court has at no point of time missed the woods of the tree. Thus, the Court found no perversity in the order of acquittal passed by the Trial Court. Read more

[State of UP v Ajai Mishra]

Can Judicial officers take recourse to judicial proceedings for arrears of rent? Allahabad High Court answers

In a writ petition filed by a Judicial officer for directing the State to consider the payment of Rs.2,88,680/- i.e., the difference of the actual rent paid by him against the House Rent Allowance received by him during his stay at rented accommodation along-with penal interest, as may be fixed by the Court, the Division Bench of Suneet Kumar and Rajendra Kumar-IV, JJ. directed that all such Judicial Officers who had rented private accommodation, on non-availability of Government accommodation, and are covered by the decision rendered in Divakar Dwivedi versus State of U.P., Writ-A No.6585 of 2021 must raise their claim / arrears of rent and interest thereon through their respective District Judges. Read more

[Manas Vatsa v. State of UP]

[Gyanvapi Mosque case] Allahabad High Court directs ASI to conduct scientific investigation of Shivlingam without causing damage to it

In a civil revision against the order of District Judge, Varanasi, wherein the Trial Court dismissed the application and observed that the prayer made for scientific investigation of the Shivlingam cannot be ordered as that would be in violation of the order dated 17-05-2022 passed by the Supreme Court directing the site / Shivlingam to be preserved and protected, Arvind Kumar Mishra-I, J. viewed that scientific investigation of the Shivlingam / site, under able guidance of the Archaeological Survey of India (‘ASI’) assisted by the experts, scientists, archaeologist, can be done conveniently subject to that the site / Shivlingam shall not be damaged, and it shall be preserved and protected in its present shape. Further, it directed the District Judge to proceed further with the case and also, directed the ASI to conduct scientific investigation of the site / Shivlingam. Read more

[Laxmi Devi v State of UP]

Demand notice cannot be faulted if any other sum indicated in addition to said amount under S. 138(b) of NI Act: Allahabad High Court reiterates

In an application filed under Section 482 of the Code of Criminal Procedure, 1973, to quash the order passed by the Additional Court for offences under Section 138 of the Negotiable Instruments Act, 1881 (‘the Act, 1881’) and to direct the Court to treat the demand notice as a valid notice of the cheque amount of Rs. 50 lakhs, Suresh Kumar Gupta, J. said that in a demand notice, if other amount is mentioned with the cheque amount in a separate portion in detail, the said notice cannot be faulted. Thus, the Court remanded the matter to the Trial Court to pass a fresh order after hearing the party. Read more

[Prashant Chandra v State of UP]

Can the Trial Court grant maintenance from the date of the order in view of Rajnesh vs. Neha case? Allahabad High Court answers

In a criminal revision filed against the order passed by Principle Judge, Family Court, wherein the husband has been directed to pay Rs. 7,000/- per month to his wife, Jyotsna Sharma, J. held that Trial Court is not barred from granting maintenance from the date of the order if there are circumstances and reasons for doing the same. Read more

[Ranjeeta v State of UP]

No presumption of rape can be made out between minor wife and husband if physical relationship is specifically denied: Allahabad High Court

In a batch of bail applications, wherein the common issue was whether material collected during investigation such as further/subsequent statement given by a victim before Child Welfare Committee (‘CWC’) that she has lived as wife with the accused, would be sufficient evidence for Investigating Officer (‘IO’) to take a different or contrary view of statements of victim recorded under Sections 161 and 164 of the Code of Criminal procedure, 1973 (‘CrPC’), wherein she has either denied or does not refer allegation of physical relationship with accused with or without her consent, Saurabh Shyam Shamshery, J has held that if there is a statement of victim that either they have solemnized marriage or stayed as husband and wife, then there will be a presumption that during stay they have physical relationship except where victim has specifically denied any physical relationship and since consent of minor victim is immaterial, therefore, offence of rape can be made out. Read more

[Ajay Diwakar v State of UP]

Why did Allahabad High Court grant full and proper security to Mukhtar Ansari?

In a writ petition filed by wife of gangster and ex-member of Legislative Assembly Mukhtar Ansari, for directing the State to provide adequate safeguards and protection to Mukhtar Ansari while he is in jail and while he is produced before the Special Judge (MP/MLA Court) or any other Court in Uttar Pradesh, pending trial in all cases in U.P. and during the pendency of the present writ before this Court , the division bench of Dr. Kaushal Jayendra Thaker and Shiv Shanker Prasad, JJ. has granted full and proper security to Mukhtar Ansari. Read more

[Afshan Ansari v State of U.P, 2023 SCC OnLine All 166]

Explained| Allahabad High Court order upholding State Government’s decision to cancel Ziledari Qualifying Examination 2018

In two petitions filed after the result of Ziledari Qualifying Examination 2018 was cancelled by the State due to malpractice and corruption in the examination, Dinesh Kumar Singh, J. has held that the decision of the Government to cancel the entire examination is as per the mandate of the Constitution and goal as set out in the preamble of the Constitution. Read more

[Desh Raj Singh v State of UP, 2023 SCC OnLine All 167]

Death of victim cannot be termed as “not under normal circumstances”; Allahabad High Court grants anticipatory bail in dowry death case

In an anticipatory bail application filed for offences under Sections 498-A, 304-B of the Penal Code, 1860 (‘IPC’) and Section 3 read with Section 4 of the Dowry Prohibition Act, Single Judge Bench of Krishan Pahal, J. allowed the anticipatory bail application subject to certain conditions and said that the deceased died of “septicemia due to chronic illness of multiple organs involvement”. Thus, the death cannot be termed as “not under normal circumstances” as envisaged under Section 304-B IPC. As the ingredients of Section 304-B IPC, do not stand fulfilled, this case seems to be a misuse of the dowry laws. Read more

[Udit Arya v. State of UP, 2023 SCC OnLine All 158]

Allahabad High Court cancels entire selection process for the post of Principal of State Homeopathy Medical College

In a writ petition filed challenging the administrative experience certificate issued by State Government and communication issued by Secretary, U.P. Public Service Commission recommending name of respondent 5 to the State Government for the post of Principal, State Homeopathy Medical College, Single Judge Bench of Vivek Chaudhary, J., cancelled the entire selection process initiated by Advertisement issued for two posts of principal of State Homeopathy Medical College. Read more

[Ram Chandra Singh Yadav v. State of U.P., 2023 SCC OnLine All 161]

Sub Divisional Magistrate exercising adjudicatory powers, acts as Revenue Court subject to control and supervision of Board of Revenue: Allahabad High Court

In a writ petition against the order passed by Sub Divisional Magistrate, wherein the restoration application filed by the petitioner under Section 144 of the U.P. Revenue Code, 2006, (‘Code, 2006’) has been rejected, Dr. Yogendra Kumar Srivastava, J. has remitted the matter to Sub Divisional Magistrate, to pass a fresh order keeping in view the direction issued by the Board of Revenue in its order dated 05-07-2021, in accordance with law, after giving due opportunity to the parties concerned, expeditiously and preferably within a period of three months from the date of presentation of a certified copy of this order. Read More

[Brijesh Kumar Dubey v. State of UP]

General principle of simultaneous action will not apply in departmental and criminal proceedings covered by Bipartite Settlement: Allahabad High Court

In a writ petition filed challenging the award passed by Industrial Tribunal-cum-Labour Court between the petitioner and the State Bank of India. Further orders passed by the Assistant General Manager and Deputy General Manager were under challenge, Kshitij Shailendra, J. while partly allowing the writ petition, quashed the impugned orders. Further, after considering the simultaneous effect of all the proceedings as well as age of the petitioner at the time of passing of the award, the Court said that:

• The petitioner shall be entitled to entire arrears of salary and consequential benefits with effect from the date of termination of his services till the date of his superannuation but without any interest.

• The petitioner shall also be paid his post retiral benefits along with 6% simple interest from the date of his retirement till date of actual payment computed accordingly within a period of three months from the date a certified copy of this order is produced before the respondent-bank. Read More

[Basistha Muni Mishra v. Union of India]

Judiciary candidate by mistake applied as ‘Dependent of Freedom Fighter’; Allahabad High Court allows her to provisionally appear in mains exam

In a case, wherein the candidature of a candidate who was successful in the prelims of UP Judicial Service Civil Judge (Junior Division) Examination, 2022 was rejected by the Uttar Pradesh Public Service Commission (‘UPPSC’), the division bench of Saumitra Dayal Singh and Rajendra Kumar-IV, JJ. passed an interim order whereby petitioner was provisionally permitted to appear in mains examination. Read More

[Pankhudi Agarwal v. State of UP]

Compounding of unauthorised constructions cannot be considered pursuant to the order of remand: Allahabad High Court quashes remand order

In a writ petition filed against the order, wherein the State Government, in exercise of powers under Section 41(3) of the U.P. Urban Planning & Development Act, 1973 (‘the Act, 1973’), has remanded the matter to the Allahabad Development Authority with a direction to dispose of the compounding map submitted by the revisionist in 2005, after providing opportunity of hearing to all the parties and in the light of Rules, Bye-laws and Government Orders relating to compounding, Kshitij Shailendra, J., held that the impugned order is unsustainable and contrary to factual and legal position well established on record. Read More

[DB Kauser v. State of UP]

Denying sexual intercourse to spouse, without sufficient reason amounts to mental cruelty: Allahabad High Court grants divorce

In an appeal against the order passed by Principal Judge, Family Court, on a divorce petition filed by the appellant/husband under Section 13 Hindu Marriage Act, 1955, the division bench of Suneet Kumar and Rajendra Kumar-IV*, JJ. has held that not allowing a spouse for a long time, to have sexual intercourse by his or her partner, without sufficient reason, itself amounts mental cruelty to such spouse. Thus, the Bench set aside the impugned order and granted a decree of divorce. Read more

[Ravindra Pratap Yadav v Asha Devi]

Andhra Pradesh High Court

Litigation should not be terminated by default of either of the parties; Andhra Pradesh High Court condones a delay of 339 days

The petitioner challenged the order passed by the Principal Junior Civil Judge, Adoni wherein an application for condonation of delay was not allowed in the year 2022, in the suit that was dismissed for non-prosecution in 2017. While exercising its civil revision jurisdiction, the single Judge Bench of Ravi Cheemalapati J. condoned a delay of 339 days for the suit filed in 2012 for a permanent injunction to restrain the defendant from obstructing the use of passage in any manner by taking the bullock cart. Read more

[Pinjari Khasim v Chanda Saheb]

Bombay High Court

[IPRS v. Pvt. FM Radio Broadcasters] Bombay High Court upheld royalty rights to authors of original works in cinematograph films

In an interim application filed by Indian Performing Right Society Limited (IPRS) seeking relief of right to royalties against defendants with the claim that amendments to Copyright Act which came into effect from 21-6-2012 have the effect of calling upon the Court to consider granting interim reliefs, Manish Pitale, J. opined that IPRS succeeded in establishing a strong prima facie case and ordered accordingly. Read more

[Indian Performing Right Society Limited v. Rajasthan Patrika Pvt. Ltd]

“Students neither have vested right nor legitimate expectation to claim relaxation in JEE Main 2023 eligibility”: Bombay High Court

In a Public Interest Litigation (‘PIL’) seeking relaxation in Joint Entrance Examination (‘JEE Main’) 2023 eligibility criteria of class 12 qualifying marks being 65% for SC/ST and 75% for others, the Division Bench of S.V. Gangapurwala, ACJ and Sandeep V. Marne, J. refused to interfere with the policy decision of the government regarding methodology of conduct of JEE Main 2023 and the admission process. Read more

[Anubha Srivastava Sahai v. National Testing Agency]

POCSO Act not enacted to punish minors in romantic, consensual relationships: Bombay High Court

In a bail application under Section 439 of Criminal Procedure Code, 1973 (‘CrPC’) for offences punishable under Sections 363 and 376 of Penal Code, 1860 (‘IPC’) and Section 4 of Protection of Children from Sexual Offences Act, 2012 (‘POCSO Act’), Anuja Prabhudessai, J. allowed the bail while commenting on the object of stringent penal provisions under the POCSO Act for protection of children from offences of sexual assault, sexual harassment etc. Read more

[Imran Iqbal Shaikh v. State of Maharashtra]

Bombay High Court upholds Municipal Commissioner’s rejection of serving Hookah/Herbal Hookah at a restaurant with an eating house license

In a petition filed by the petitioner, an entrepreneur carrying on business under the name and style of Parkhi Hospitalities and is running a Restaurant/Lounge named “The Orange Mint” at Mumbai, challenging the impugned order dated 18-04-2023 passed by the Medical Health Officer directing the petitioner to restrict the activity of serving Hookah/Herbal Hookah, in the service area, by using burnt charcoal, failing which, the eating house license granted to the petitioner shall be cancelled/revoked, without any further notice. A division bench of G S Kulkarni and R S Laddha JJ., held that taking into consideration the facts and circumstances of the case and the overall situation has appropriately used his discretion in taking the impugned decision, also bearing in mind the requirements of the license conditions. Read more

[Sayli B Parkhi v State of Maharashtra]

Interim relief would cause ‘irreparable harm and prejudice’; Bombay High Court refuses interim relief to Chanda Kochhar, former MD & CEO of ICICI Bank seeking retirement benefits

In an appeal filed by Chanda Kochchar (appellant) challenging the impugned order and seeking reinstatement of her Employee Stock Options (“ESOPs”) under the Employee Stock Option Scheme (“ESOS”) and clawback of bonuses and revocation of retirement benefits, including vested and unvested ESOPs, a division bench of K R Shriram and Rajesh S Patil, JJ., refuses to interfere with the impugned order as the prayers sought in the appeals are a matter of trial Read more

[Chanda Kochchar v ICICI Bank Limited]

Bombay High Court temporarily restrains Meta Platforms from circulating video infringing Patanjali product ‘Mahakosh Future Fit’ edible oil

In a suit filed by Patanjali Foods Limited (plaintiff), seeking interim relief and restraining Meta platforms circulating a video on Facebook pages containing disparaging remarks against the product of the Plaintiff i.e., edible oil bearing the registered trademark “MAHAKOSH”, Manish Pitale, J., passes John Doe order restraining the defendants by themselves, their servants, employees, agents, dealers, distributors and all persons claiming under them from infringing the applicant’s registered trademarks, including “MAHAKOSH FUTURE FIT”. Read more

[Patanjali Foods Limited v Meta Platforms Inc.]

[POCSO] Absence of wisdom tooth does not conclusively prove age below 18 years; Bombay High Court acquits accused

In an appeal filed against the judgment dated 18-12-2019 in a special atrocity case passed by the Special Court wherein it was held the appellant was guilty of offenses punishable under Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and Sections 376(2)(i) and 376(2)(j) of Penal Code, 1860 (IPC), Anuja Prabhudessai, J., acquitted the accused of offences punishable under Sections 4 and 6 of POCSO Act and Sections 376(2)(i) and 376(2)(j) of IPC as the prosecution failed to prove the guilt of the appellant beyond a reasonable doubt. Read more

[Maherban Hasan Babu Khan v. State of Maharashtra, 2023 SCC OnLine Bom 1027]

Bombay High Court grants temporary injunction to makers of ‘Scam 1992: The Harshad Mehta Story’

In an application seeking injunction against copyright infringement of web series “Scam 1992: The Harshad Mehta Story” alleged to be a cinematic adaptation and dramatization of book ‘The Scam’, Manish Pitale, J. granted temporary injunction/ ex-parte ad-interim reliefs against defendants sharing clips, abridged versions, short versions, short snippets of audio-visual recordings, forming part of the said web series. Read more

[Applause Entertainment (P) Ltd. v. Meta Platforms Inc., 2023 SCC OnLine Bom 1034]

Advocates should prioritize Legal Aid matters; Access to justice cannot be denied based on economic capacity: Bombay High Court

In the appeal against money decree challenging order dated 9-10-2019 dismissing the appeal due to non-appearance of appellant and Advocate through Legal Aid Scheme, and another order passed on 12-2-2020 by the Appellate Court dismissing application seeking restoration/readmission of the Appeal, M.S. Sonak, J. pressed on the duty of diligence of an advocate appointed under the Legal Aid Scheme while setting aside the said orders and directing restoration/readmission of appeal with costs. Read more

[Pravin Naik v. Shrinivas Prabhu Dessai, 2023 SCC OnLine Bom 1049]

Police not allowed to seal factory premises under Section 115 of Trade Marks Act: Bombay High Court

In a petition seeking urgent relief of de-sealing of factory premises allegedly sealed after registration of First Information Report (‘FIR’) for offences under Section 420 of the Penal Code, 1860 (‘IPC’) and Sections 103, 104 and 105 of the Trade Marks Act, 1999 (‘TM Act’), the division Bench of Sharmila U. Deshmukh and Arif S. Doctor, JJ. directed the authorities to de-seal the said factory premises while explaining that provisions under Section 115(4) of TM Act do not allow police to seal premises. Read More

[Mahendra Dattu Gore v. State of Maharashtra]

Calcutta High Court

Death due to mosquito bite not ‘accident’; Calcutta High Court upholds Insurance Company’s decision

While dismissing a writ petition filled to challenge the refusal to admit insurance claim, Moushumi Bhattacharya*, J., held that death due to mosquito bite cannot be termed as an ‘accident’ and therefore the same will not be covered as an insurable claim under ‘accident insurance’. The Court observed that accident does not include disease and implies the intervention of an external cause which is fortuitous and happens by chance. The Court stated that “the definition of accidental death includes accidental injuries but excludes illness. The consensus also tilts towards the exclusion of death by disease alone, not accompanied by an accident.” Read more

[Chitra Mukherjee v. Union of India]

Allegation of Forgery/Fraud inter partes does not render dispute non-arbitrable; Calcutta High Court appoints sole arbitrator

While deciding a matter related to appointment of the arbitrator, Shekhar B. Saraf, J., appointed the sole arbitrator and held that a matter is not rendered arbitrable, just because one party disagree about the legitimacy of the arbitration clause in the agreement and their signature on it. Read more

[Ugro Capital Ltd. v. Raj Drug Agency, 2023 SCC OnLine Cal 960]

Victim’s parents ‘exaggerated’ their versions to attract POCSO Act; Calcutta High Court acquits accused

While deciding a case related to S. 8 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), Tirthankar Ghosh*, J., observed that the victim’s parents exaggerated their versions to attract the provisions of the POCSO Act and set aside the conviction order of the Special Court on the grounds that the prosecution has failed to prove accused’s sexual intent as per S. 11 of the POCSO Act. Read More

[Gobinda Bag v. State of W.B., 2023 SCC OnLine Cal 1040]

Appointment of Arbitrator during pendency of reference before MSME Facilitation Council is contrary to MSMED Act: Calcutta High Court

Moushumi Bhattacharya*, J. held that appointment of an arbitrator on the basis of contractual arbitration clause during the pendency of the matter before MSME Facilitation Council is patently contrary to the provisions of the Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act). Read More

[Marine Craft Engineers (P) Ltd. v. Garden Reach Shipbuilders & Engineers Ltd., 2023 SCC OnLine Cal 807]

Supplier can refer to MSME Facilitation Council for adjudication despite post-contract MSME registration: Calcutta High Court

While deciding a writ petition seeking to set aside an arbitral proceeding, Moushumi Bhattacharya*, J. held that the writ petition is not maintainable on the ground of availability of alternative remedy under the Arbitration and Conciliation Act, 1996 (the Act, 1996). The Court further held that the supplier is statutorily entitled to make a reference to the Council for adjudication of the disputes even if its MSME registration is after the date of Contract entered between the parties. Read More

[Anupam Industries Ltd. v. W.B. Micro Small Enterprise Facilitation Council, 2023 SCC OnLine Cal 956]

Delhi High Court

Third Party Funders to be fully aware of their exposure and cannot be mulcted with liability which they have not undertaken or are aware of: Delhi High Court

The Division Bench of Vibhu Bakhru* and Amit Mahajan, JJ. allowed the appeal and had set aside the impugned order of a Single Judge, to the extent it directed the appellant to disclose its assets and to furnish security for the amount awarded in terms of the Arbitral Award and restrained it from alienating or encumbering its assets. The Court further opined that “a party was funded by a third party was a relevant fact in considering whether an order for securing the other party needs to be made. However, permitting enforcement of an arbitral award against a non-party which had not accepted any such risk, was neither desirable nor permissible”. Read more

[Tomorrow Sales Agency (P) Ltd. v. SBS Holdings, Inc]

Not demonetisation but withdrawal of Rs. 2000 denomination banknotes from circulation; Delhi High Court dismisses PIL seeking RBI notification arbitrary

A PIL was filed by Ashwini Kumar Upadhyay (petitioner) seeking a declaration that the RBI Notification dated 19-05-2023 and SBI Notification dated 20-05-2023, which permits the exchange of Rs. 2000 denomination banknotes without obtaining any requisition slip and identity proof, is arbitrary and violative of Article 14 of the Constitution of India. A division bench of Satish Chandra Sharma CJ., and Subramonium Prasad, J., dismisses PIL seeking RBI decision to withdraw 2000 denomination banknotes from circulation as arbitrary because the decision of the Government is only to withdraw Rs. 2000 denomination banknotes from circulation for the reason that the purpose of issuing these denominations has achieved its purpose which was to meet the currency requirement of the economy in an expeditious manner in November, 2016 when all Rs. 500 and Rs. 1000 denomination banknotes were declared to be not legal tender and in order to meet the situation at that point of time, the Government took a decision to bring banknotes of Rs. 2000 denomination to ensure adequate supply of money to meet the day-to-day requirements of the people. Read more

[Ashwini Kumar Upadhyay v Union of India]

[Shared Household] Right of a daughter-in-law not an indefeasible right so as to exclude the in-laws: Delhi High Court

In a petition filed by Ritu Chernalia (petitioner) challenging the impugned order dated 31-03-2023 passed by the Divisional Commissioner, Govt of NCT of Delhi wherein the eviction order was set aside which was passed by the District Magistrate. The impugned order also permitted the in-laws (respondent 1 and 2) to live in the suit property along with the petitioner. Prathiba M Singh, J., held that the Divisional Commissioner has held that the in-laws have a right to stay in the suit property, which obviously cannot be questioned because the property belongs to them. Read more

[Ritu Chernalia v Amar Chernalia]

[Adultery v. Right to Privacy] Seeking hotel stay and call record details to prove the charge of adultery will not violate right to privacy: Delhi High Court

In a case wherein the petitioner challenged the orders passed by the Family Court wherein the application preferred by the respondent for summoning the CCTV footage, booking details and reservation records of the said room in Hotel Fairmont, a Single Judge Bench of Rekha Palli, J.* observed that the respondent was the estranged wife of the petitioner who had no direct evidence of her husband indulging in acts of adultery and by resort to Section 14 of the Family Courts Act, 1984 (‘FCA’), she was, only trying to seek production of evidence which she reasonably believed would prove her charge of adultery which by its very nature could be inferred only from circumstances. The Court further opined that the Family Court by way of the impugned orders had sought records which pertained only to the respondent’s husband and not to his friend or her daughter. Therefore, there was no question about their right of privacy being violated in any manner. Read more

[Sachin Arora v. Manju Arora, 2023 SCC OnLine Del 2692]

Corruption inquiry directed against Ex-IAS Ramesh Abhishek by Lokpal; Delhi High Court refuses to interfere

In a petition filed by Mr. Ramesh Abhishek (petitioner), an ex-IAS officer who served as the Secretary to the Ministry of Commerce/DPIIT as also the Chairperson of the Forward Markets Commission challenging the impugned orders dated 02-02-2022 and 03-01-2023 passed by the Lokpal of India by which inquiries and investigation by the Directorate of Enforcement (ED) have been directed by Lokpal against the petitioner, in respect of possession of disproportionate assets. Prathiba M Singh, J., held that the Enforcement Directorate’s summons/notices are only for gathering information unless directed to the contrary by Lokpal and disposed of the petition without delving into the merits of the case. Read more

[Ramesh Abhishek v Lokpal of India]

Private institutions affiliated to GGSIPU not entitled to charge higher fees from the students admitted through 10% Management Quota Seats: Delhi High Court

In a case wherein interpretation of applicable admission rules in the matter of admitting students under Management Quota Seats was involved, a Single Judge Bench of Purushaindra Kumar Kaurav, J.* held that the Circular dated 22-9-2023 did not cast any restriction on the right of the management to admit 10% students under the Management Quota. The said Circular only supplemented the provisions of the Delhi Professional Colleges or Institutions (Prohibition of Capitation Fee, Regulation of Admission, Fixation of Non-Exploitative Fee and Other Measures to Ensure Equity and Excellence) Act, 2007 (‘Act’) and the Delhi Professional Colleges or Institutions (Prohibition of Capitation Fee, Regulation of Admission, Fixation of Non- Exploitative Fee and Other Measures to Ensure Equity and Excellence) Rules, 2007 (‘Rules’) made thereunder, particularly the proviso to Section 13 of the Act which provided that the Management Quota Seats had to be filled in a transparent manner based on merit in the qualifying examination. Read more

[Vivekananda Institute of Professional Studies-Technical Campus v. Govt. (NCT of Delhi)]

[Betnesol v Betnol]: Delhi High Court grants permanent injunction in favour of Glaxo Group Limited on failure to file written statement by Biogen Serums

In a suit filed by Glaxo Group Limited (plaintiff), seeking the relief of permanent injunction restraining the defendant from infringing the trademark of the plaintiff, passing off, and other ancillary reliefs, Amit Bansal, J., granted permanent injunction as the defendant does not have any real prospect of successfully defending the claims in the present suit. Read more

[Glaxo Group Limited v Biogen Serums Private Limited]

Request to review trademark ‘HAMDARD’ in ‘HAMDARD ROGHAN BADAM SHIRIN’ for its descriptive use; Delhi High Court directs Trademark Registry to proceed as perl

In a petition filed by Humdard National Foundation Limited (petitioner) seeking directions that Ayurvedic manufacturers ought not to be permitted to use the expression ‘ROGAN BADAM SHIRIN/ ROUGHAN BADAM SHIREEN’ for BADAM TAIL/ ALMOND OIL which, as per them, is meant only for Unani medicine/ drugs. Prathiba M Singh, J., directed the Controller General of Patents, Designs & Trademarks (CGPDTM) /Trade Marks Registry to proceed in accordance with the law. Read more

[Hamdard National Foundation v Govt NCT of Delhi]

[Gas Migration Dispute] Reliance had limited role to ‘explore’ and ‘extract’ natural gas as a licensee only; Delhi High Court upholds arbitral award in favour of Reliance Industries

In a petition filed by Union of India (petitioner) through the Ministry of Petroleum and Natural Gas under section 34 of the Arbitration & Conciliation Act, 1996) challenging the arbitral award dated 24-07-2018 (‘impugned award’) delivered by a 2:1 majority of the arbitral tribunal, which decided the disputes that had arisen between the Ministry of Petroleum & Natural Gas of the Government of India and Reliance Industries Limited (respondent), Niko (NECO) Limited and British Petroleum Exploration (Alpha) Limited from a Production Sharing Contract (PSC) related to exploration and extraction of natural gas from a block in the Krishna-Godavari Basin off the coast of Andhra Pradesh in India. Anup Jairam Bhambhani, J., upholds the arbitral award for lack of any grounds for interference. Read more

[Union of India v Reliance Industries Limited, 2023 SCC OnLine Del 2666]

Delhi High Court sentences two PWD officials for contempt of court for breaching and wilfully disobeying directions on tree protection

A Single Judge Bench of Najmi Waziri, J.* opined that despite repeated directions and orders passed by this Court and of the NGT, in relation to protection of trees, there had been a consistent disregard in compliance of the same. Thus, the Court held that Respondents 2 and 3 (PWD officials) were sentenced under Section 12 of the Contempt of Courts Act, 1971, (‘Act’) to undergo simple imprisonment for four months and two months respectively, along with fine of Rs. 2000 each. Read more

[New Delhi Nature Society v. Rajesh Bansal]

Delhi High Court directs removal of online videos and tweets containing comments threatening a classical singer

In a petition filed by Azmat Ali Khan (petitioner), a classical singer, seeking the removal of videos, tweets, and various news items appearing on online platforms and news channels in respect of an FIR registered at Dwarka Delhi lodged against the Petitioner, Prathiba M Singh, J., directs removal and blocking of the offending links containing comments posing threat on the life and safety of the petitioner. Read more

[Azmat Ali Khan v Union of India, 2023 SCC OnLine Del 2763]

Invention not to be deemed a ‘computer programme per se’ solely due to use of algorithms and computer-executable instructions: Delhi High Court

In a case wherein the patent application filed by Microsoft for registration of an invention relating to “Methods and Systems for Authentication of a User for Sub-Locations of a Network Location” was rejected on the ground that it was non-patentable, a Single Judge Bench of Sanjeev Narula, J.* opined that the Controller had failed to consider the true technical nature and advancements provided by the invention and had solely focused on the implementation of the invention using computer-executable instructions and algorithms on a general-purpose computing device. Read more

[Microsoft Technology Licensing, LLC v. The Assistant Controller of Patents and Designs]

Delhi High Court dismisses petition under S. 11 Arbitration Act in view of moratorium imposed on parent company

In a petition filed under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment of an arbitrator for adjudicating the disputes that have arisen between the parties in relation to a Memorandum of Understanding executed between the parties. Navin Chawla, J., held that the proceedings in the present petition cannot be continued in view of the moratorium imposed by the Supreme Court and further gave liberty to the petitioner to file a fresh legal action for the same relief once the moratorium imposed by the Supreme Court is lifted or varied if so advised, in accordance with the law. Read more

[Arpit Projects Limited v Gurgaon Recreation Park Limited]

Delhi High Court upholds conviction for murder of a 2-year-old child by hitting her head against stairs of a mandir

In an appeal filed by the appellant (accused) assailing the judgment dated passed by the Trial Court whereby the accused was convicted under Sections 363 and 302 of Penal Code, 1860 (‘IPC’) for kidnapping and murder of a child aged 2 years whereby he was sentenced to undergo imprisonment for life under Section 302 IPC with fine of Rs. 10,000/-, in default to undergo simple imprisonment for six months and further to undergo rigorous imprisonment for seven years. A division bench of Mukta Gupta and Poonam A. Bamba, JJ., upheld the conviction and sentence as the appeal had no merits because the prosecution was able to prove its case beyond a reasonable doubt. Read more

[Dev Sharan v State]

Need to reconsider exclusions under S. 3(k) of the Patents Act in view of growing innovations: Delhi High Court

A Single Judge Bench of Prathiba M. Singh, J.* referred to the 161st Report of the “Review of the Intellectual Property Rights Regime in India” presented by the Parliamentary Standing Committee, wherein the Committee expressed a concern that many inventions might be excluded from patentability in view of Section 3(k) of the Patents Act, 1970 (‘Act’) and thus, this Court opined that a large number of inventions in emerging technologies including by SMEs, start-ups and educational institutions could be in the field of business methods or application of computing and digital technologies, therefore, there was a need to have a re-look at the exclusions in Section 3(k) of the Act, in view of the growing innovations. Read more

[OpenTV Inc v. The Controller of Patents and Designs]

Formulate programmes to educate teenagers who post intimate content on social media without consent: Delhi High Court directs DSLSA

In a case wherein an application was filed under Section 439 of Criminal Procedure Code, 1973 (‘CrPC’) seeking regular bail in a case where FIR was registered under Sections 328, 376 and 506 of Penal Code, 1860 and Section 6 of Protection of Children from Sexual Offences Act, 2012, a Single Judge Bench of Swarana Kanta Sharma, J.* after considering the fact that the petitioner was continuously threatening and blackmailing the prosecutrix, held that it was not inclined to grant any relief to the petitioner. The Court further directed DSLSA to formulate a programme to educate students, potential vulnerable victims as well as educate teenagers posting intimate content on social media without consent of the person concerned, violates the law. Read more

[Sakib Ahmed v. State (NCT of Delhi)]

News articles indicative of wilful campaign launched by Punjab Kesari to lower reputation of Gautam Gambhir in the eyes of public: Delhi High Court

In a case wherein a suit for mandatory injunction, damages and costs was filed by the plaintiff against the defendants for immediate removal of per-se defamatory publications as well as to recover adequate suitable damages from the defendants for publishing/circulating utterly incorrect and defamatory allegations qua the plaintiff, a Single Judge Bench of Chandra Dhari Singh, J. opined that many of the articles were indicative of wilful campaign launched by the defendants to lower the reputation of standing of the plaintiff in the eyes of his constituents, supporters and the public at large and this did not befit a newspaper of the repute and stature of the defendants to indulge in such a conduct. Read more

[Gautam Gambhir v. Punjab Kesari]

Delhi High Court dismisses petition filed by a 97-year-old challenging prospective operation of S. 23 Senior Citizens Act

In a petition filed by Charanjit Singh Ahluwalia (petitioner), a senior citizen of 97 years age is challenging the constitutional validity of Section 23(1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (‘Senior Citizens Act’) whereby it restricts the applicability of the Section only to the gifts of property made by a senior citizen after the commencement of the Senior Citizens Act. A division bench of Satish Chandra Sharma, CJ. and Subramonium Prasad, J., held that the present case is not fit for exercising its jurisdiction under Article 226 of the Constitution. Read more

[Charanjit Singh Ahluwalia v Union of India, 2023 SCC OnLine Del 2730]

Challenge against constitution of Selection Committee to appoint Director of School of Planning & Architecture; Delhi High Court issues notice

In a petition filed by Prof. Dr. Pratap Manohar Raval (petitioner) challenging the constitution of the Selection Committee as constituted by Union of India (respondent 1), Tushar Rao Gedela J., issues notice to the respondents which has been duly accepted. Read more

[Prof Dr. Pratap Manohar Raval v Union of India]

Delhi High Court grants permanent injunction to Infiniti Retail Ltd for its ‘CROMA’ mark

A Single Judge Bench of Amit Bansal, J.* held that the registrations and the long usage of the trade mark ‘CROMA’ by the plaintiff, Infiniti Retail Ltd., and the goodwill vested in the well-known trade mark ‘CROMA’ entitled the plaintiff for grant of a decree of permanent injunction. The Court further opined that the use of the trade mark ‘CROMA’ as a part of the impugned website was likely to deceive unwary consumers of the defendants’ association with the plaintiff. Read more

[Infiniti Retail Ltd. v. Croma through its Proprietor]

PWD, Religious Committee decides to demolish 55-year-old Kali Mata Mandir at Mayapuri Chowk; Delhi High Court refuses to interfere

In a petition filed by Durga Mishra (petitioner), a priest and caretaker of a 55 years old “Kali Mata Mandir” at Mayapuri Chowk, Delhi, seeking quashing of the notice dated 25-04-2023 issued by the Public Works Department and the minutes of the meeting of the Religious Committee dated 10-03-2022 by which the decision has been taken to demolish the temple. Prathiba M Singh, J., refused to interfere with the decision taken by the Religious Committee to demolish the temple and permitted the petitioner to remove the idols and other religious objects in the temple within one week for the same to be placed in other temples as directed by the Religious Committee. Read more

[Durga P Mishra v Govt of NCT of Delhi]

[POCSO] Not expected for 7-year-old child to recapitulate the harrowing incidents with mathematical precision; Delhi High Court upholds conviction based on child testimony

In an appeal filed by the appellant (convict) seeking to set aside the impugned judgment of conviction dated 03-02-2020 and order of sentence dated 20-02-2020 convicting the appellant under Section 10 and 12 of Protection of Children from Sexual Offences Act, 2012 (“POCSO Act”) for offences under section 454 and 506(II) of Penal Code, 1860 (IPC). Jasmeet Singh, J., upholdsdid not interfere with the impugned conviction as the Trial Court was right in holding that the testimony of the victim alone is sufficient to prove the guilt of the accused and minor contradictions or insignificant discrepancies in the statement of a child victim should not be a ground for throwing out an otherwise reliable prosecution case. Read More

[Kishore v. State]

Delhi High Court dismisses PIL by journalist seeking CBI ‘status report’ in NSE fraud by Chitra Ramkrishna

A PIL was filed by Shantanu Guha Ray (petitioner) a journalist seeking an order or direction to CBI (respondent 2) to register FIR based on the petitioner’s complaint regarding wrongful gains to the deviant brokers which are estimated to the tune of Rs. 50,000/- crores to Rs. 75,000/-. A division bench of Satish Chandra Sharma, CJ., and Subramonium Prasad, J., did not interfere in the matter in light of the status reports filed by the CBI. Read More

[Shantanu Guha Ray v. Union of India]

Delhi High Court dismisses petition filed by a retired judicial officer challenging selection of Chairman at Competition Commission of India

A petition was filed by Atul Kumar Garg (petitioner), a retired judicial officer seeking directions to be issued to Union of India (respondent 1) acting through its selection panel constituted under Section 9 of the Competition Act, 2002 to disclose the reason for arising the necessity for issuance of fresh advertisement for the same post though the selection process was almost completed after the selection committee has interacted 48 candidates on 09-10-2022 for the post of Chairperson vide vacancy circular dated 26-07-2022 and subsequent circular dated 23-02-2023. Prathiba M Singh, J. did not interfere with the selection process as the procedure was in accordance with the law. Read More

[Atul Kumar Garg v. Union of India]

Delhi High Court allows parties to nominate arbitrator upon Dispute Redressal Committee’s failure to settle dispute

In a petition invoking the jurisdiction of the Court conferred by Section 11 of the Arbitration and Conciliation Act, 1996 (‘the Act’), wherein appointment of a nominee arbitrator of the Union of India (‘respondent’) was sought, consequent to an asserted failure on its part to abide by the appointment procedure, the Single Judge Bench of Yashwant Varma, J., allowed the parties to nominate their arbitrators, considering the failure of the settlement in Dispute Redressal Committee. Read More

[Shapoorji Pallonji And Company Private Limited v. Union of India]

Delhi High Court denies injunction under S. 9 of A&C Act as it will delay the strengthening and overlaying of NH-48 initiated by NHAI

In a case wherein a petition was filed under Section 9 of the Arbitration and Conciliation Act, 1996 (‘Act’) by Roadway Solutions India Infra Ltd. seeking an order to stay the operation and effect of the Notice of Intent to terminate (‘NITT’) the Contract issued by NHAI, a Single Judge Bench of Chandra Dhari Singh, J.* opined that the petitioner by way of present petition had sought for stay of NITT and any such stay would result into petitioner continuing the project, which would be tantamount to granting of final relief that could not be granted by this Court in the instant proceedings under Section 9 of the Act. The Court further opined that Section 20-A and 41(ha) of the Specific Relief Act, 1963 (‘SRA’) would apply to the present case and an injunction would be tantamount to further delaying the infrastructure project. Read More

[Roadway Solutions India Infra Ltd. v. NHAI]

Delhi High Court grants anticipatory bail to Vikas Malu, in a rape case filed by wife, who also accused him of killing Satish Kaushik

In an application filed by Vikas Malu, who has infamously been accused of murder of late actor Satish Kaushik by his wife, is seeking anticipatory bail in a case registered under Sections 323, 354, 376, 377, 506, 509 and 34 Penal Code, 1860 (IPC). Rajnish Bhatnagar, J., granted anticipatory bail to the accused in totality of the facts and circumstances of the case at hand on his furnishing a personal bond in the sum of Rs. 1,00,000/- with two sureties of the like amount to the satisfaction of the station house officer. Read More

[Vikas Malu v. State of NCT of Delhi]

Delhi High Court issues guidelines for drafting a Settlement Agreement in matrimonial disputes of criminal nature; Directs agreements to be prepared in Hindi too

In a petition filed by the petitioner under Section 482 of Criminal Procedure Code (‘CrPC’), seeking quashing of FIR registered at Police Station Uttam Nagar, for the offences punishable under Sections 498-A, 406 and 34 of Penal Code, 1860 (‘IPC’) inspite of the alleged settlement arrived between the parties. Swarana Kanta Sharma, J., quashes the FIR having found that the settlement agreement was drafted ambiguously resulting in the FIR against husband being quashed and other relatives being pending for lack of specific names in it. Read More

[Chhatter Pal v. State]

Words ‘Abu Dhabi Global Market’ used in a device mark are distinctive in nature: Delhi High Court

In a case wherein registration to the device mark was rejected, a Single Judge Bench of C. Hari Shankar*, J. opined that as there was no finding that the mark was used by anyone else, and the mark itself consisted of a combination of the motif and the words “ABU DHABI GLOBAL MARKET” below it, thus, there was no reason to hold that the mark was not distinctive. The Court further expressed its unhappiness at the way the Assistant Registrar had discharged her duties in the present case and opined that the least the officer adjudicating the application could do, was to extend the bare courtesy of application of mind. Read More

[Abu Dhabi Global Market v. Registrar of Trademarks, 2023 SCC OnLine Del 2947]

Employees who submit forged and fabricated documents are unfit for employment: Delhi High Court

In a case wherein the service of a wife-petitioner appointed on compassionate ground, was terminated due to the submission of a forged educational qualification certificate, a Single judge Bench of Mini Pushkarna, J.* opined that the fact remained that the petitioner submitted a forged document in support of her educational qualification at the time of seeking compassionate appointment and therefore, the petitioner was guilty of suppression of material facts and documents. The Court further opined that if a person submitted forged and fabricated documents, then such a person was certainly unfit to be employed and when the charge against the petitioner stands proved, the punishment of dismissal from service imposed by the respondent could not be faulted with. Read More

[Kiran Thakur v. Resident Commr., 2023 SCC OnLine Del 2912]

Delhi High Court refuses injunction against Harpercollins Publisher for novelizing screenplay of 1966’s Nayak; holds Satyajit Ray, not RD Bansal owns copyright

In a plaint filed by RDB and Co (plaintiff) is a Hindu undivided property of RD Bansal, seeking injunction against Harpercollins Publishers (defendant) for the novelization of the screenplay of the film ‘Nayak’ released in 1966 by Bhaskar Chattopadhyay, and the publication of the novel by the defendant alleging infringement of the plaintiff.s copyright, the plaintiff being the producer of the film, within the meaning of Section 511 of the Copyright Act, 1957. C. Hari Shankar, J., held that the plaintiff has no right in law to injunct the defendant from novelizing the screenplay of the film ‘Nayak’ as the screenplay was written by Satyajit Ray and not RD Bansal. Read More

[RDB and Co HUF v. Harpercollins Publishers India Private Limited]

[Civil Defence Volunteer Enrolment] Eligibility condition ‘place of residence’ being Delhi not violative of Articles 14, 16 and 21: Delhi High Court

In a Public Interest Litigation (PIL) filed by Anand (petitioner), a practicing advocate challenging the constitutional validity of sub-clause (1) to Clause 3 of the Order passed by the Divisional Commissioner to the extent it makes “resident of Delhi” as a necessary condition to become eligible for being a civil defence corps and that it is mandatory that a candidate for enrolment of Civil Defence volunteer has to be a resident of Delhi. A division bench of Subramonium Prasad, CJ., and Tushar Rao Gedela J., did not interfere with the Order issued by the Divisional Commissioner as by no stretch of imagination, it can be held that the condition regarding the place of residence is violative of Articles 14, 16 and 21 of the Constitution. Read More

[Anand v. Govt of NCT of Delhi]

Delhi High Court directs Trade Mark Registry to conduct phonetic search of a mark even at the preliminary stage

In a case wherein a rectification petition was filed under Section 57 of the Trade Marks Act, 1999 (‘Act’) for rectification of the Trade Marks Register by removal, from the register, of the respondents’ registered trade mark ‘INSAID’, a Single Judge Bench of C. Hari Shankar*, J. held that the present case falls entirely within the four corners of Section 11(1)(b) of the Act and thus, the registration of the respondents’ ‘INSAID’ mark could not sustained, as, owing to its similarity to the petitioner‘s existing earlier trade mark ‘INSEAD’, and the similarity of the services provided under the two marks, which were both educational services, there existed a likelihood of confusion, on the part of the public, between the two marks. Thus, the Court held that the impugned registration of the impugned device mark ‘INSAID’ should be quashed and set aside. Read More

[Institut Europeen D. Administration Des Affaires v. Fullstack Education (P) Ltd., 2023 SCC OnLine Del 3016]

Invocation of power of Judicial review in proceedings under S. 9 of Arbitration Act would run afoul to principle that merits of termination of contract must essentially be determined by Arbitral Tribunal: Delhi HC

In a petition filed under Section 9 of the Arbitration and Conciliation Act, 1996, (‘the Act’) wherein an interim stay was sought on the Termination Notice served by the National Highways and Infrastructure Development Corporation Ltd., (‘NHIDCL’) the Single Judge Bench of Yashwant Varma, J., refused to grant the interim stay and interfere with the action of the NHIDCL.Read more

[Ksheeraabd Construction Pvt. Ltd. v. National Highways and Infrastructure Development Corporation Ltd]

Section 15 of HMA does not make any distinction between a contested decree and an ex parte decree; Delhi High Court upholds second marriage of husband

In an appeal filed by Seema Devi (appellant-wife) assailing the order dated 03-02-2006 wherein the Additional District Judge, Delhi has dismissed the application filed by the appellant under Order IX Rule 13 of the Code of Civil Procedure, 1908 (CPC), seeking setting aside of the ex-parte judgment and decree of divorce passed between the parties on 14-05-2003. A Division Bench of Sanjeev Sachdeva and Vikas Mahajan, JJ. upholds the divorce decree as the second marriage of the husband (respondent) is legal due to the appeal being filed after the limitation period, thus making the impugned decree final in view of Section 15 of the Hindu Marriage Act (HMA). Read more

[Seema Devi v Ranjeet Kumar Bhagat, 2023 SCC OnLine Del 2257]

Delhi High Court grants permanent injunction to the mark ‘VOLVO’ and awards Rs. 10 lakhs damages and costs

In a case wherein a suit had been filed seeking relief of permanent injunction restraining the defendants from infringing the marks of the plaintiffs and passing off their goods as that of the plaintiffs, Single Judge Bench of Amit Bansal, J.* granted permanent injunction to the mark ‘VOLVO’ and opined that the defendants had been making unlawful gains at the expense of the plaintiffs and so it was not a case of innocent adoption. Thus, the Court awarded Rs. 10 lakhs towards damages and costs to the plaintiffs. Read more

[Aktiebolaget Volvo v. Gyan Singh, 2023 SCC OnLine Del 2432]

Delhi High Court warns PMLA Adjudicating Authority to avoid using template paragraphs and disconcerted language in the impugned order

In a petition filed by the petitioner challenging the impugned order dated 6-03-2023 passed by the Adjudicating Authority (respondent 1), under the Prevention of Money Laundering Act, 2002 (PMLA) by which the petitioner’s application for the right to cross-examine witnesses was rejected, Prathiba M Singh, J., permitted the petitioner to approach the Appellate Tribunal, PMLA within a period of one month. Read more

[Kankipati Rajesh v. Adjudicating Authority]

Delhi High Court refuses to grant relief in a contract being determinable in nature and hence, not enforceable

In a petition filed by Hughes Communications India Private Limited (petitioner) under Section 34 of the Arbitration and Conciliation Act, 1996, seeking to challenge the impugned Award dated 04-10-2018 to the extent that the registered Agreement dated 23-03-2001 for sale of immovable property has been held to be determinable in nature and therefore not enforceable. Chandra Dhari Singh, J., held that after consideration of the material on record, including the impugned Arbitral Award, and submissions on behalf of the parties, there is no finding or conclusion reached by the learned Arbitrator which warrants interference of this Court. Read more

[Hughes Communications India Private Limited v Imaging Solutions Pvt Ltd., 2023 SCC OnLine Del 2351]

[Section 34 of Arbitration Act] A well-reasoned arbitral award cannot be interfered with: Delhi High Court

The petitioner challenged the impugned award passed by the Arbitral Tribunal as well as prayed for the stay of the execution, operation and implementation of the said award. While exercising its commercial jurisdiction, the single judge bench of Chandra Dhari Singh, J., held that there was no patent illegality or error apparent on the face of the record and the arbitrator had passed the impugned award after considering all the relevant material placed before it during the arbitral proceedings. The award was well-reasoned and was not in contravention of the fundamental policy of Indian law, and thus, there was no reason for interfering with the impugned Award. Read more

[Ircon International Limited v Afcons Infrastructure Limited, 2023 SCC OnLine Del 2350]

[Section 34 of Arbitration Act] A well-reasoned arbitral award cannot be interfered with: Delhi High Court

The petitioner challenged the impugned award passed by the Arbitral Tribunal as well as prayed for the stay of the execution, operation and implementation of the said award. While exercising its commercial jurisdiction, the single judge bench of Chandra Dhari Singh, J., held that there was no patent illegality or error apparent on the face of the record and the arbitrator had passed the impugned award after considering all the relevant material placed before it during the arbitral proceedings. The award was well-reasoned and was not in contravention of the fundamental policy of Indian law, and thus, there was no reason for interfering with the impugned Award. Read more

[Ircon International Limited v Afcons Infrastructure Limited, 2023 SCC OnLine Del 2350]

Sensitive heart & alert mind necessary in sexual abuse cases; Delhi High Court deprecates Trial Court’s public disclosure of child rape victim’s sensitive counselling session details

In an appeal filed challenging the impugned judgment and order on sentence dated 25-09-2010 passed by Additional Sessions Judge whereby the Judge convicted both the accused persons for committing offences punishable under Section 363, 365, 34 and 376 of Penal Code, 1860 (‘IPC’). Swarana Kanta Sharma, J., sets aside the conviction of the accused for lack of sufficient material to establish guilt of the accused. The Court further condemns the way cross-examination was conducted by asking questions regarding the sexual relations with her own father which does not form part of the subject matter under consideration and discussing them in Trial Court based on a confidential report prepared after a counseling session mostly done in cases related to child sexual abuse. Read more

[Sanjeev Kumar v State of NCT of Delhi]

Delhi High Court restrains Jindal Sanitaryware (P) Ltd. from using the mark ‘JINDAL’ on its PVC pipes

A Single Judge Bench of C. Hari Shankar, J.* held that prima facie, a case of infringement was made out against the defendants, by use of the mark ‘JINDAL’ in respect of PVC pipes, for which the plaintiff had registration since 2006, whereas the Defendant 1 had no registration in its favour of the mark ‘JINDAL’ for PVC pipes. Read more

[Jindal Industries (P) Ltd. v. Jindal Sanitaryware (P) Ltd.]

Mirinda v मिरिंडा: Delhi High Court grants injunction in favour of PepsiCo Mirinda for transliteration of its mark in Hindi

In a suit filed by PepsiCo Inc. (plaintiff) seeking permanent injunction restraining the defendants from using the trademark ‘MIRINDA’, transliteration thereof in Hindi and/or any other language and/or any deceptive variation thereof in relation to their product i.e. country-made liquor and/or in relation to any other business activity in a manner that it infringes plaintiff 1’s statutory and common law rights in its registered and well- known mark and/or variants thereof including MIRINDA Marks, as well as passing off their goods as that of the plaintiffs. Jyoti Singh, J., granted ex parte ad interim injunction against the defendants restraining them from using the mark ‘Mirinda’ and its transliteration in Hindi, I.e., मिरिंडा in relation to a country-made liquor. Read more

[Pepsico v. Jagpin Breweries Ltd., 2023 SCC OnLine Del 2542]

‘Adolescent love must be scrutinized in the backdrop of real-life situations’; Delhi High Court grants bail to a man charged under POCSO Act

A Single Judge Bench of Swarana Kanta Sharma, J.* opined that the teenage psychology and adolescent love could not be controlled by the Courts and therefore, the judges had to be careful while rejecting or granting bail in such cases depending on the facts and circumstances of each case. The Court further opined that confinement in jail would cause distress and impact the psychological health of the accused, therefore, the Court granted two months bail to the accused. Read more

[Mahesh Kumar v. State (NCT of Delhi)]

Delhi High Court grants ad interim injunction to ‘Royal Green’ whisky against ‘Royal Queen’, having similar trade dress

In a case wherein it was alleged that, by using the mark ‘Royal Queen’ for whisky and adopting a trade dress which was nearly identical to the trade dress of the plaintiff, the defendant had committed the torts of infringement and passing off, a Single Judge Bench of C. Hari Shankar*, J., granted an interlocutory ad interim injunction to the plaintiff and further restrained the defendants from advertising, manufacturing, offering for sale, selling, or dealing in any manner with alcoholic beverages using the mark ‘Royal Queen’ and/or the packaging/trade dress, or any other mark or trade dress which was deceptively similar to the registered trade mark ‘Royal Green’ and trade dress of the plaintiff. Read more

[ADS Spirits (P) Ltd. v. Shubhom Juneja]

Delhi High Court| Mandatory Reporting under POCSO Act shall override the restrictions imposed under S. 198(1) & (3) CrPC

In a petition filed seeking a declaration to the effect that Section 198(6) Criminal Procedure Code (CrPC) to the extent inconsistent with the provisions of Protection of Children from Sexual Offences Act, 2012 (POCSO) as unconstitutional & ultra-vires and liable to be struck down, the provisions of Section 19 read with Section 21 of the Protection of Children from Sexual Offences Act, 2012 requiring mandatory reporting of offence being committed under the Act overrides the restrictions being imposed under Section 198(1) read with 198(3). A division bench of Manmohan and Saurabh Banerjee, JJ., held that mandatory reporting provisions of POCSO Act shall override the restrictions imposed under Section 198 (1) read with 198 (3) Criminal Procedure Code. Read more

[Independent Thought v. Union of India]

‘Eateries and shops not to encroach upon the public space or place their counters on the road’; Delhi High Court directs Municipal Corporation of Delhi to conduct monthly inspections

In a case wherein a petition was filed against the eateries which were running in the residential area and were causing public nuisance, a Single Judge Bench of Prathiba M. Singh*, J. directed that the Municipal Corporation of Delhi, with the help of the local police should conduct monthly inspections and if any party was found to be encroaching on any public road, such trader or shopkeeper should be liable to pay an on-spot fine of Rs. 10,000 and the same should be contributed to the welfare of the residents. Read more

[Puran Chand v. Delhi Fire Service, 2023 SCC OnLine Del 2586]

Delhi High Court grants permanent injunction to a well-known mark ‘VIVANTA’ against the mark ‘VIVANTA VACATION CLUB’; awards Rs. 6 lakhs costs

A Single Judge Bench of Amit Bansal*, J. held that the various registrations and the long usage of trade mark ‘VIVANTA’ by the plaintiff, and the goodwill vested in the ‘VIVANTA’ trade mark, entitled the plaintiff for grant of permanent injunction. The Court further directed that all the seized goods bearing the mark ‘VIVANTA’ on the premises of the defendant should be destroyed by the defendant in the presence of the plaintiff’s representative. Read more

[Indian Hotels Co. Ltd. v. Vivanta Hospitality (P) Ltd., 2023 SCC OnLine Del 2544]

Delhi High Court sets aside the cost imposed on CBI and expunges remarks made against the authority in a judicial order

In a revision petition filed by the Central Bureau of Investigation (CBI) (petitioner), assailing the orders dated 05-03-2018 and 31-03-2018 passed by Special Judge (Prevention of Corruption Act), CBI whereby the Trial Court had directed CBI to prepare a draft of incriminating evidence for putting questions to the accused persons for examination under Section 313 of CrPC and had consequently imposed cost upon CBI for not filing the incriminating evidence. Swarana Kanta Sharma, J., set aside the cost imposed but did not expunge the remarks displaying displeasure expressed by the learned Trial Court regarding the delay in preparation of the questions as the Court could have done so in its judicial domain, however, the irregularity and illegality regarding putting the entire burden of the same on the prosecution which is not permissible under the law have been discussed in the judgment separately and adjudicated upon. Read more

[CBI v. S.K. Ghosh, 2023 SCC OnLine Del 2383]

Delhi High Court directs University to consider 59-days maternity leave application of an M.Ed regular course student against theory class

In a petition filed by Renuka (petitioner), pursuing a 2-year M.Ed. regular course from Chaudhary Charan Singh University (respondent 2) praying for directions to the University to allow her the benefit of maternity leave for 59-days only and pursuant to that, grant her relaxation of attendance for completing the Master of Education (M.Ed.) course. Purushaindra Kumar Kaurav, J., directed to consider the application of the petitioner afresh, in view of the observation made in this order to consider her 59-days of maternity leave application against theory classes. The Court further held that in case the petitioner fulfills the minimum 80% attendance criteria in theory classes, after accounting for the 59-day maternity leave, and allows the petitioner to appear in the examination be taken by the University without any delay. Read more

[Renuka v University Grants Commission]

Video disparaging GLUCON-D to be taken down from Instagram and Twitter; Delhi High Court orders

In a case wherein the plaintiff, Zydus Wellness Products Ltd. was aggrieved by the video disparaging its product ‘GLUCON-D’, being circulated on platforms like Instagram and Twitter, a Single Judge Bench of C. Hari Shankar, J.* directed Meta Platforms, Inc. and X Corp. (Defendants 2 and 3) to not only take down the impugned video from their respective platforms but also, in the event the said video was reposted or circulated on either of their platforms, to take down the video on information in that regard being provided to them by the plaintiff, without the plaintiff having to re-approach this Court for the said purpose. Read more

[Zydus Wellness Products Ltd. v. Revant Himatsingka]

Delhi High Court permits a South Korean national, a NALSAR graduate to be enrolled as an Advocate in view of Section 24 Advocates Act

In a petition filed by South Korean national challenging the order dated 23-07-2020 passed by the Bar Council of India (BCI) (respondent) refusing his request for permission to be enrolled as an Advocate, Yashwant Varma, J., directed Bar Council of India to process the petitioner’s application for enrolment forthwith in accordance with law. Read more

[Daeyoung Jung v Bar Council of India]

Delhi High Court restrains Bodhisatva Charitable Trust from using the mark ‘MAYO’; grants injunction to Mayo Clinic, USA

A Single Judge Bench of Amit Bansal, J.* restrained Bodhisatva Charitable Trust from using the trade mark/ name ‘MAYO’ or any mark/name deceptively similar thereto, in any manner including the marks/names ‘Mayo Institute of medical Sciences’, ‘Mayo Medical Centre’, ‘Mayo Medical Centre (P) Ltd.’, ‘Mayo Hospital’, ‘Mayo Clinic’, ‘Mayo School Of Nursing’, ‘Mayo Pharmacy’, and ‘Mayo Gastro-liver Clinic’; the domain names www.mayomedicalcentre.com and www.mayoschoolofnursing.com and listings on any social media platforms and third-party websites till the final adjudication of the suit. Read more

[Mayo Foundation for Medical Education and Research v. Bodhisatva Charitable Trust]

Delhi High Court denies wife’s plea of DNA testing of husband and father-in-law to prove identity of children

A Single Judge Bench of Prathiba M. Singh, J.* held that it did not find any need to grant the prayer for DNA testing as sought by the petitioner. Further, the Court observed that there were no pending matrimonial disputes between the Petitioner 1 and her husband, that necessitated such a prayer to be granted. Moreover, when the petitioner’s husband was not challenging the identity of the petitioner and the children, such a prayer was unwarranted. Read more

[Shivani Garg Gujral v. Govt. (NCT of Delhi)]

Delhi High Court sets aside additional costs of Rs. 60 crores granted in favour of Jaiprakash Associates Ltd in absence of substantial evidence

In a petition filed by the petitioner under Section 34 of the Arbitration and Conciliation Act, 1996 raising objections to the arbitral award dated 07-10-2019 corrected on 18-12-2019 seeking to set aside the majority Award passed by Retired Justice B. P. Jeevan Reddy and Sh. K.K. Madan to the extent that it allows the claims of the respondent and rejected Counter-Claims. Chandra Dhari Singh, J., sets aside the impugned award as it does not set forth the reasons for the grant of award of additional costs of Rs. 60 Crores in favour of the respondent and against the petitioner. Read more

[NHPC v J P Associates Limited]

Delhi High Court restrains 101 rogue websites from streaming “Spider-Man: Across the Spider-Verse”

A Single Judge Bench of C. Hari Shankar, J. restrained 101 rogue websites from posting, streaming, reproducing, distributing, or making available to the public, on their websites, or through the internet, in any manner whatsoever, any cinematograph work/content/program in which the plaintiff, Sony Pictures Animation Inc. had copyright, including the films “Spider-Man: Across the Spider-Verse” and “Spider-Man: Into the Spider-Verse”. Further, the Court directed the Internet Service Providers to block access to the 101 rogue websites as well as any mirror/redirect/alphanumeric websites which appeared to be associated with any of the said rogue websites. Read more

[Sony Pictures Animation Inc. v. FLIXHD]

‘Lawyers are essential and powerful pillars of judicial process’; Delhi High Court rejects plea of a woman accused of assaulting a lawyer

In a case wherein a petition was filed under Section 482 of the Criminal Procedure Code, 1973 (‘CrPC’) for setting aside the order of Additional Sessions Judge (‘ASJ’)/Special Judge (NDPS), Saket Court, whereby charges were framed against the petitioner under Sections 341, 323 and 506 of Penal Code, 1860 (‘IPC’) and order passed by Metropolitan Magistrate (‘MM’), Saket Court discharging the petitioner was set aside, a Single Judge Bench of Swarana Kanta Sharma, J.* rejected relief to the petitioner who was accused of assaulting an Advocate and opined that only because there was no CCTV footage of the alleged incident, it could not become a basis of discharge of the petitioner. The Court further opined that the lawyers were officers of the Court and should not be presumed to be only defending the party concerned as part of their duty. They were an essential and powerful pillar of the judicial adjudicatory process and therefore, their duty towards a client had to be respected by all concerned. Read more

[Dhanpati v. State (NCT of Delhi)]

Gauhati High Court

Gauhati High Court directs Department of School Education to take appropriate actions against schools violating Right to Education Act, 2009

The Division Bench of the Court comprising of Sandeep Mehta, CJ., and Mitali Thakuria, J., while hearing a bunch of petitions filed by students and We For Guwahati Foundation, directed the Secretary, Department of School Education, Assam, to go through the entire record and the affidavits filed by the petitioners and respondent schools. Read more

[We for Guwahati Foundation v. State of Assam]

Gujarat High Court

Gujarat HC Orders probe against Doctor accused of Issuing Fake Medical Certificates to Prisoners seeking Bail

While hearing a batch of applications wherein the prisoners were seeking temporary bail on the grounds of medical treatment, the Single Judge Bench of M.K. Thakker J., ordered the examination of the Medical Certificate issued by the Doctor, as prima-facie it was shown that the said Doctor was issuing bogus Certificates in the name of different hospitals with different addresses. Read more

[Dilip Trinath Gauda v. State of Gujarat]

Gujarat HC directs Surat Municipal Corporation to rehabilitate slum dwellers under Rehabilitation and Redevelopment of Slums, 2010

In a Public Interest Litigation (‘PIL’) petition filed under Article 226 of the Constitution of India, seeking a writ of mandamus to direct the State of Gujarat and Surat Municipal Corporation(‘respondents’) to rehabilitate and provide alternative accommodation to the slum dwellers, the Division Bench of A.J. Desai and Biren Vaishnav, J., directed the respondents to rehabilitate the petitioners under the Regulations for Rehabilitation and Redevelopment of the Slums, 2010 (‘the Scheme of 2010’). Read more

[Vijay Suklal More v. State of Gujarat]

Gujarat HC suspends life sentence of 3 IAF Officers in 28 years old murder case; sets aside CBI Court order

In a criminal application under section 389 of the Criminal Procedure Code, 1973, (‘CrPC’), the convicts sought suspension of conviction and life sentence order by the Central Bureau of Investigation (‘CBI’) Court under Sections 302, 331, 348 and 177 read with Section 120-B of the Penal Code, 1860 (‘IPC’). The Division Bench of S.H. Vora and S.V. Pinto*, JJ., suspended the life sentence order of the CBI Court and ordered the release of applicants. Read more

[Mahendra Singh Sheravat v. State of Gujarat]

CAT, Ahmedabad has no jurisdiction to dismiss show cause notice in fake encounter case; Gujarat HC rejects former IPS officer Rajnish Rai’s plea

In a civil petition challenging the order of Central Administrative Tribunal, Ahmedabad Bench (‘CAT’), wherein former IPS officer Rajnish Rai’s (‘petitioner’) application challenging the show cause notice was dismissed. The Division Bench of Vipul M. Pancholi* and Hasmukh D. Suthar, JJ., dismissed the petition and said that CAT, Ahmedabad did not commit any error while dismissing the original application and review application filed by the petitioner. Read more

[Rajnish Kumar Rai v. Union of India, 2023 SCC OnLine Guj 1129]

Gujarat High Court grants interim relief to Delhi L-G Vinai Kumar Saxena in 2002 assault case

In a special criminal application filed by Lieutenant- Governor (‘L-G’) of Delhi Vinai Kumar Saxena, seeking stay on proceedings against him for assault charges alleged by activist Medha Patkar. A plea was filed to set aside the Ahmedabad Magistrate Court Order, wherein the trial against the L-G in assault case was refused to be kept in abeyance. The Single Judge Bench of M.K. Thakker ordered interim stay on the proceedings pending before the Ahmedabad Court against Delhi L-G. Read More

[Vinai Kumar Saxena v. State of Gujarat]

Karnataka High Court

Government should either amend S. 377 IPC or bring in a new provision to make Necrophilia and sadism punishable with life imprisonment: Karnataka High Court

In the instant appeal seeking to set aside the conviction under Sections 376 and 302 of Penal Code, 1860, where the question arose that whether rape on a woman’s dead body attracts the provisions of Section 376 of Penal Code, 1860, the Division Bench of B. Veerappa* and Venkatesh Naik T., JJ., held that, commission of rape on a woman’s dead body cannot be termed as “rape’ to attract Section 376 of Penal Code, 1860. However, the same would be considered as “necrophilia”. The Court further recommended the Central Government to consider addressing “necrophilia” either by amending Section 377, Penal Code 1860 or by introducing a specific penal provision for the same. Read more

[Rangaraju v. State of Karnataka]

Karnataka High Court rejects Xiaomi Technology’s challenge to the constitutional validity of S. 37-A of FEMA

In the instant petition challenging the constitutional validity of Section 37-A of Foreign Exchange Management Act, 1999 (FEMA), and, seeking quashment of seizure order under Section 37-A(1) and (3) of FEMA, the Bench of M. Nagaprasanna*, J., while stating that even though Xiaomi’s challenge to the FEMA provision is maintainable on the fulcrum of the allegation that it is violative of Article 14 of the Constitution; however, Section 37-A of FEMA is not ultra-vires the Constitution as it does not manifest any arbitrariness on any ground whatsoever. Read more

[Xiaomi Technology India Pvt Ltd. v. Union of India]

What happens when a wife files a dowry harassment case against her husband after receiving a divorce notice from him? Karnataka High Court answers

While deciding the instant petitions invoking the Court’s inherent power under S. 482 CrPC to quash complaints against the petitioners under the provisions of Penal Code, 1860 and Dowry Prohibition Act, 1961, the Bench of S. Rachaiah, J.*, held that criminal case filed by a wife against her husband and in-laws with regards to cruelty and dowry harassment, loses its importance when such complaints are made after receiving a divorce notice from the husband. Read more

[Naresh Gundyal v. State]

Read why Karnataka High Court denied bail to a Government Teacher accused under provisions of POCSO Act?

While deciding the instant petition where a Government School teacher was seeking bail for offences under Sections 8 and 12 of the POCSO Act, the Bench of Umesh M. Adiga, J.*, rejected the petition while strictly observing that teachers/ Gurus are considered akin to Gods in India, however due to the petitioner’s alleged actions, parents are afraid to send their girls to the school lest their name, fame and future are destroyed. The Court further observed that sexual harassment of children is not only a crime against an individual but it a crime against society. Read more

[C. Manjunath v. State of Karnataka]

Whether online/ digital rummy played on Gameskraft is taxable under GST Act? Karnataka HC answers

In a significant and 325 pages long decision impacting the online gaming industry, the bench of S.R. Krishna Kumar, J.*, while deliberating over a bunch of petitions filed by Gameskraft Technologies challenging the actions initiated against them by the Directorate General of Goods and Services Tax Intelligence (DGGSTI) including a GST Intimation Notice to the tune of Rs 21,000 crores, held that the impugned notice issued on 23-09-2022 issued by the DGGSTI is illegal, arbitrary and without jurisdiction or authority of law. Read more

[Gameskraft Technologies Pvt. Ltd. v. DGGSTI]

Karnataka High Court sets aside orders sanctioning prosecution of 3 persons alleged to have provided luxury amenities to Sasikala during her detention in jail

While deliberating over three petitions challenging State Government’s order of sanction for prosecution initiated against the petitioners under Section 13(1)(c) [pre 2018 amendment] and Section 13(2) Prevention of Corruption Act, 1988, the Bench of K. Natrajan, J.*, allowed the petitions and set aside the impugned orders of sanction for prosecution for offences under the 1988 Act. Read More

[Gajaraja v. State of Karnataka]

[Blinkit v. Blinkhit Trademark Infringement] | Karnataka HC sets aside temporary restraining injunction against Blinkit

While hearing the instant appeal filed by Blink Commerce Pvt. Ltd. (BCPL) against the impugned order passed in 2022 whereby which the Trial Court had allowed an application filed by Blinkhit Pvt. Ltd seeking temporary injunction restraining BCPL from infringing the tradename “Blinkhit” by using the offending mark “Blinkit”; the bench of S.R. Krishna Kumar, J.*, allowed the appeal and set aside the impugned order. The Court stated that non-usage of the trademark by the respondent since its registration coupled with the fact that businesses carried out by both the parties is completely different, the balance of convenience is in favour of the appellant who would be put to irreparable injury if temporary injunction is passed against them. Read more

[Blink Commerce Pvt Ltd. v. Blinkhit Pvt. Ltd]

Kerala High Court

‘Students are tomorrow’s nation builders’; Kerala High Court against rejection of Education Loan due to low CIBIL Score

In a Writ Petition seeking appropriate directions for State Bank of India (‘SBI’) regarding sanction and disbursement of Education Loan of Rs 4,07,200 to the petitioner with a low CIBIL score of 560, P.V. Kunhikrishnan, J. directed the Bank officials to sanction and disburse the said amount considering the fact that the student had already got a job offer from a Multi-National Company and was going to complete his course on 31-5-2023.Read more

[Noel Paul Fredy v. State Bank of India]

Doctor killed by accused in Police custody; Kerala High Court slams State for failure in protecting medical staff

While dealing with a Review Petition after Dr. Vandana Das, a young House Surgeon on duty, was killed by an accused in police custody presented in the hospital for treatment while being accompanied by police and others, the Division Bench of Devan Ramachandran* and Dr. Kauser Edappagath, JJ. pulled State authorities while passing orders to ensure protection of medical staff on duty. Read more

[Kerala Private Hospitals Association v. Advocate Sabu P. Joseph]

Explained | Why Kerala High Court didn’t stay the release of ‘The Kerala Story’?

In a batch of Writ Petitions seeking interim order to direct Government authorities and other respondents to suspend the circulation of teaser and trailer of the movie ‘The Kerala Story’ and to prohibit its’ exhibition, the Division Bench of N. Nagaresh* and Sophy Thomas, JJ., did not find anything offensive to a particular community as a whole and disposed of the matter without passing any interim orders. Read more

[Advocate Anoop V.R. v. Union of India]

Dismissal Procedure under Kerala Education Rules not a mandate if Aided School Teacher’s conduct led to conviction in criminal charges: Kerala High Court

In a Writ appeal challenging against from service under Kerala Education Act (‘the Act’) and the Kerala Education Rules (‘Rules’) on the ground of conviction in a criminal case, under Section 354(A)(1)(i) and (iii) of the Penal Code (‘IPC’) and Section 10 read with Section 9(f) and (m) and Section 12 read with Section 11(iii) of the Protection of Children from Sexual Offences Act (‘POCSO Act’), the Division Bench of P.B. Suresh Kumar and Sophy Thomas, JJ. dismissed the instant appeal reiterating that the authorities are not bound by the disciplinary procedure or restricted from taking action against conduct leading to conviction on criminal charges. Read more

[Mahesh Thampi v. Deputy Director of Education, 2023 SCC OnLine Ker 2176]

No relief for actor Unni Mukundan in sexual harassment case; Kerala High Court directs Trial Court to proceed with trial

In a challenge against order dated 21-5-2020 passed by Sessions Court confirming Trial Court order refusing to discharge actor Unni Mukundan facing prosecution for offences under Sections 354 and 354-B of Penal Code, 1860, K. Babu, J. said that the Court is not inclined to terminate the proceedings at this stage and dismissed the petition. Read More

[Unni Mukundan v. State of Kerala]

Minor girl impregnated by her own brother; Kerala High Court allows termination of pregnancy

In a Civil Writ Petition seeking directions by the Court for terminating pregnancy of a 15-year-old victim impregnated by her own brother, Ziyad Rahman A.A., J. allowed the said medical termination of pregnancy and directed the authorities to take necessary steps without any delay. Read More

[XXX. v. Union of India]

“Let them sing, let them dance, let them play”: Kerala High Court while refusing to interdict DGE order against vacation classes

In a Civil Writ Petition seeking interim direction to permit the conduct of vacation classes in Central Board of Secondary Education (‘CBSE’) School while challenging the order passed on 3-5-2023 by the Director of General Education (‘DGE’) directing all the Primary, Secondary and Higher Secondary schools in Thiruvananthapuram not to conduct vacation classes, P.V. Kunhikrishnan, J. referred the matter to Division Bench while refusing to invoke powers under Article 226 of the Constitution of India. Read more

[Kerala CBSE School Management Association v. State of Kerala]

Madhya Pradesh High Court

[Harmonious Construction] Section 529-A of Companies Act, 1956 would prevail over Income Tax Act, 1961: Madhya Pradesh High Court

In an application filed by the Official Liquidator seeking to remit a sum of Rs. 2,26,940/- to Income Tax Department towards Income Tax payable for the Assessment Year 2010-2011, out of funds available in the accounts of the Company in liquidation and to waive of the Income Tax liability of Rs. 16,81,220/-, Rs. 21,58,480/- & Rs. 15,63,570/- in respect of Assessment Year 2012-2013, 2013-2014 & 2014-2015 respectively. The Single Judge Bench of Subodh Abhyankar*, J., held that Section 529-A of Companies Act, 1956 will prevail over Income Tax Act, 1961, therefore for the purpose of payment of Income Tax liabilities, the secured creditors cannot be directed to part with the amount which has been given to them out of the proceeds of the properties of the company in liquidation. Read more

[In Ref: Beta Nephthol Ltd. v. Ref. has been recd. from BIFR New Delhi]

Madras High Court

Approaching police without resorting to special procedure under IB Code to arm twist the Resolution Professional is inappropriate: Madras High Court

In a petition filed under Section 482 of the Criminal Procedure Code, 1973 seeking to call for the records of First Information Report (‘FIR’) and to quash the same, Sunder Mohan, J. held that approaching the police without resorting to the special procedure under the Insolvency and Bankruptcy Code to arm twist the Resolution Professional (petitioner 1), is inappropriate. Read more

[Deepak Upadhyaya v State, 2023 SCC OnLine Mad 2567]

Foreign company, even though fully owned by Indian Company is not amenable to jurisdiction of Indian Court: Madras High Court

In two appeals filed against the common order of the Single Judge, confirming the order of injunction and dismissing the application to vacate the interim order, the division bench of S.S. Sundar and P.B. Balaji, JJ. has held that there is no prima facie case in favour of the Dr. Subramanian Swamy (respondent) to grant any interim order, as this Court has no jurisdiction to grant anti suit injunction restraining a foreign company from prosecuting the defamation suit in a foreign country. Read more

[Advantage Strategic Consulting Singapore Private Limited v.Dr. Subramanian Swamy]

Madras High Court grants Rs. 3 lakhs compensation to a woman for failed Puerperal Sterilization operation

In a writ petition filed directing the respondents pay Rs. 25,00,000/- towards compensation to the petitioner for the medical negligence caused to the petitioner resulting in lifetime financial constrains caused to her to bring up her third child, B. Pugalendhi, has passed the following order:

• Petitioner is entitled to compensation of Rs. 3,00,000/-.

• Respondents must provide free education to the third child of the petitioner, either in a Government School or in a Private School. The fees already paid, if any, shall be refunded and all the expenses on books, stationery, uniforms and other miscellaneous educational expenses shall also be met by the respondents.

• Respondents must pay a sum of Rs. 1,20,000/- per year to meet the child’s need for food and proper up-bringing till he completes his graduation or attains 21 years, whichever is earlier. Read more

[Vasuki v Secretary to Government]

Can arrears of maintenance, being property of the wife, devolve on the husband after wife’s death? Madras High Court answers

In a criminal revision filed by a husband under Sections 397 read with 401 of Code of Criminal Procedure, 1973 against the order passed by the Judicial Magistrate Court, impleading the respondent (mother —in-law ) as petitioner for collecting the arrears of maintenance amount for her deceased daughter (wife) , V. Sivagnanam, J. said that as the arrears of maintenance accrued till the death of the respondent’s daughter, therefore, the Judge rightly impleaded the mother of the deceased daughter in the petition for arrears of maintenance. There is no infirmity in the order passed by the Judge and no reason to interfere with the impugned order and no merit in the criminal revision case. Accordingly, the Court dismissed the criminal revision. Read more

[Annadurai v Jaya, 2023 SCC OnLine Mad 2604]

Madras High Court directs Tamil Nadu Bar Council to initiate disciplinary action against Advocates issuing fake marriage certificates

In a Habeas Corpus petition filed to direct the respondents to produce the body or person of detenu (‘wife of petitioner’) before this Court and set her at liberty, the division bench of M. Dhandapani* and R. Vijayakumar, JJ. held that there is no illegal custody of the detenu as alleged by the petitioner and directed the Bar Council of Tamil Nadu to initiate disciplinary action against the Advocates who conducted invalid marriage of the petitioner and detenu. Read more

[Ilavarasan v. Superintendent of Police]

Can Schools Conduct Special Classes During Summer Break? Madras High Court answers

In a writ petition filed for directing the State to institute appropriate legal actions against the Correspondent, Jose Matriculation Higher Secondary School (‘School’), for compelling students of classes 10th and 12th for the academic year 2023-2024 to attend the special classes throughout the month of May 2023 in their school premises physically, the division bench of M. Dhandapani* and R. Vijayakumar while terming the present writ petition as a motivated one, dismissed the same. Further, it imposed a cost of Rs.25,000/- on the petitioner, payable to the Corporation Girls Higher Secondary School within a period of two weeks from the date of receipt of a copy of this order. Also, it said that the amount shall be used either for construction of a Toilet or for purchasing a Napkin Vending Machine. Read More

[S. Periyaraja v. State of T.N., 2023 SCC OnLine Mad 3313]

Who is liable for unauthorised transactions via prepaid payment instruments? Madras High Court answers

In a writ petition filed praying to issue an interim direction directing the City Union Bank, to immediately credit a sum of Rs. 3 lakhs, being the sum unlawfully and authorizedly siphoned off from the account of the petitioner using Paytm, R.N. Manjula*, J. said that no fraudulent actions were done by the petitioner, but the violations were done by the third parties and Paytm has failed to resolve the dispute within 90 days and has not come out with any concrete structure as to how the loss suffered is going to be compensated. Further, it did not prove how the customer is liable, thus, the Court held that Paytm is liable to make out the loss suffered by the petitioner. Read More

[Dr. R. Pavithra v. Commissioner of Police]

Are AYUSH Doctors eligible to perform ultrasonogram techniques on pregnant women without qualifications under PC-PNDT Act? Madras High Court answers

In a writ petition filed by Tamil Nadu Ayush Sonologist Association (AYUSH Doctors) for declaring that doctors holding degrees such as BHMS, BUMS, BAMS, BSMS, and BNYS obtained from recognised institutions and have undergone certificate course in ultrasonogram are fully qualified to carry out various diagnostic procedure and ultrasonogram / ultrasound technique on pregnant women, as long as they do not undertake sex selection before or after conception which is prohibited under the Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 (‘PC & PNDT Act, 1994’) and misuse the pre-natal diagnostic techniques for sex determination leading to female foeticide, S.M.Subramaniam, J. held that Read more

[Tamil Nadu Ayush Sonologist Association v Union of India]

Manipur High Court

Explained: Manipur High Court’s Judgment that triggered violence in Manipur over inclusion of Meitei Community in Scheduled Tribe list

Manipur High Court: In a civil writ petition, filed by several members of Meitei Tribe Union (‘petitioners’), seeking writ of mandamus, to direct the Government of Manipur (respondent) to submit recommendations to the Government of India to include Meitei community in the Schedule Tribe list. The bench comprising of M.V Muralidaran, Acting CJ, allowed the petition and directed the State to consider including the Meitei Community in the Scheduled Tribe list, within the period of four weeks. Read more

[Mutum Churamani Meetei v. The State of Manipur]

Meghalaya High Court

Meghalaya HC reprimands State for ‘nurturing’ illegal coal mining; directs State to expose the kingpin behind illegal coke plants

In suo motu proceedings initiated by the Court against the illegal mining and transportation of coal in the State, the three Judge Bench of Sanjib Banerjee (CJ), H.S. Thangkhiew and W. Diengdoh, JJ., reprimanded the respondent State for its lacking in controlling the illegal mining operations in the State and directed the respondent State to indicate the person behind the illegal coke plants within the period of four weeks. Read more

[Shailendra Kumar Sharma v. State of Meghalaya]

‘Electricity no longer a luxury’; Meghalaya HC directs State to ensure adequate availability of electricity in the State

While hearing a plea against the rampant power cuts and arbitrary load-shedding resorted to by the State of Meghalaya, the Division Bench of Sanjib Banerjee and W. Diengdoh, JJ., said that it is the State’s responsibility to ensure that there is adequate availability of electricity as per demand and plans should be in place to meet the increased future demands. Read more

[Flaming B. Marak v. State of Meghalaya]

Meghalaya HC directs State to completely prohibit display of animal carcasses in meat shops

While hearing a petition ethical treatment of animals that are culled for human consumption and the transportation of animals across the State, the Division Bench of Sanjib Banerjee (CJ) and W. Diengdoh, J., directed the State to completely prohibit the display of animal carcasses in meat shops. Read more

[Gau Gyan Foundation v. Union of India]

Orissa High Court

No exclusion of people from Welfare Schemes on grounds of failure to possess Aadhaar Card or Mobile Phone: Orissa HC

While hearing a Writ Petition wherein, the plight of young children suffering from chronic malnutrition, living under semistarvation and prolonged hunger was highlighted, the Division Bench of S. Muralidhar (CJ) and G. Satapathy, J., directed the Government of Odisha to draw an action plan to achieve the target for complete absence of severely and acutely malnourished (SAM) children and a reduction by more than half of moderately acutely malnourished children (MAM) in the State of Odisha by the end of 2023.Read more

[Mantu Das v. Union of India]

Orissa HC holds State Government liable for Contempt for non-implementation of Shetty Commission’s recommendations

In a writ petition filed under Article 226 and 227 of the Constitution of India, 1950, by the All Orissa Judicial Employees Association (‘association’), seeking implementation of the recommendations made by Shetty Commission in the State of Odisha (‘respondents’). The Division-Bench of B.R. Sarangi* and M.S. Raman, J.J., allowed the petition and held that the State authorities were acting arbitrarily, unreasonably, and were liable for proceeding under the Contempt of Courts Act, 1971 (‘the Act’). Read more

[All Orissa Judicial Employees Association v. State of Odisha, 2023 SCC OnLine Ori 2030]

Orissa HC upholds Odisha Administrative Tribunal’s order to regularise services of Junior clerks; directs State to implement order within 6 weeks

In a writ petition filed under Article 226 and 227 of the Constitution of India, by the State of Odisha (‘petitioner’) against the order of Odisha Administrative Tribunal, Bhubaneswar, (‘OAT, Bhubaneswar’), wherein the petitioner was directed to consider the case of the respondents for regularisation of their services, as they had completed 20 years of service. The division Bench of Dr. B.R Sarangi and Murahari Sri Raman*, JJ., upheld the order of the OAT, Bhubaneswar and directed the petitioner to implement the order of regularisation of services of respondents within the period of six weeks. Read more

[State of Odisha v. Sri Rushava Rana]

Specimen Document and Signature must be admitted by parties before comparing with disputed handwriting under S. 73 of IEA: Orissa HC

In an appeal against the Judgment and Order of the Lower Court, wherein it was held that the disputed sale deed was a forged document, the Single- Judge Bench of B.P. Routray, J., allowed the appeal and set aside the Appellate Court’s order and restored the Trial Court’s Judgment. It was also held that the specimen document signature must be undisputed and all parties to the dispute must admit the specimen signature or writing in the base document before comparing the disputed document under Section 73 of the Evidence Act, 1872 (‘Evidence Act’). Read more

[Basi Bewa v. Raimani Majhiani, 2023 SCC OnLine Ori 2293]

Departmental Proceedings cannot be continued after superannuation of employee unless provided under the Service Rules: Orissa HC reiterates

In a civil writ petition filed by a Seed Production Officer and marketing manager (‘petitioner’), working at Odisha State Seed Corporation Limited, (‘the Corporation’), sought to quash the Show Cause Notice issued against him and direct the Corporation to release all the consequential terminal dues and service benefits. The Single Judge Bench of Sanjay Kumar Mishra*, J. allowed the petition and quashed the said Show Cause Notice. The Court also directed the authorities concerned to release the retirement dues of the petitioner along with payment of 10 percent interest on the amount of gratuity. Read More

[Tapan Narayan Mohanty v. Odisha State Seed Corporation Limited]

Orissa HC orders ad-hoc promotion of Inspector to DSP rank during pendency of Disciplinary Proceedings

In a writ petition filed under Article 226 and 227 of the Constitution of India, wherein the petitioner had sought directions to the Government of Odisha and respective authorities to promote the petitioner to the rank of Deputy Superintendent of Police (‘DSP’), the Single Judge Bench of A.K. Mohapatra, J., directed the authorities to open the sealed cover containing the result of the Departmental Promotion Committee (‘DPC’) regarding the Petitioner’s promotion and promote the petitioner to the rank of DSP. Read More

[Geeti Ranjan Mohapatra v. State of Odisha, 2023 SCC OnLine Ori 2393]

Explained| Muslims can adopt a surrendered child, but must follow procedure in JJ (Care and Protection of Children) Act: Orissa HC

In a criminal writ petition filed under Article 226 of the Constitution of India, wherein the natural guardian, father of the minor daughter had sought issuance of writ of habeas corpus to produce the minor daughter in the Court and restore her custody to him, the Division Bench of S. Talapatra* and Savitri Ratho, JJ., allowed the petition and directed the Opposite Parties to handover the custody of the minor daughter to her father. Read More

[Nesar Ahmed Khan v. State of Orissa, 2023 SCC OnLine Ori 2403]

Orissa HC refuses anticipatory bail to man alleged of outraging religious feelings of Muslims by raising provocative slogans on Hanuman Jayanti

In a petition, wherein the grant of anticipatory bail was sought by the petitioner under Section 438 of Code of Criminal Procedure Code, 1973, the Single Judge Bench of Chittarnajan Dash, J., refused to grant the anticipatory bail in favour of the accused before he was subjected to investigation. Read more

[Aniket Mishra v. State of Odisha]

Patna High Court

Patna High Court stays Bihar Government’s caste-based survey; directs data collected not to be disclosed to anyone

The Division Bench of K. Vinod Chandran* (C.J) and Madhuresh Prasad, J., opined that the State had no power to carry out a caste-based survey, in the way it was fashioned now, which would amount to a census, thus impinging upon the legislative power of the Union Parliament. Therefore, the Court directed the State Government to immediately stop the caste-based survey and ensure that the data already collected was secured and not shared with anybody till final orders were passed. Read more

[Youth For Equality v. State of Bihar, 2023 SCC OnLine Pat 1273]

Banks, Financial Institutions using recovery agents to forcibly seize vehicles over non-payment of loan is illegal: Patna High Court

A Single Judge Bench of Rajeev Ranjan Prasad, J.* held that the action of the respondents, Banks/Financial Institutions in seizure/re-possessing the vehicle without following the RBI guidelines; the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (‘SARFAESI Act’) and the judicial pronouncements on the aid subject was wholly illegal. It was in violation of law and deprived the petitioners of their fundamental rights of livelihood and the right to live with dignity which were included in Article 21 of the Constitution. The Court stated that since the action of the Banks/Finance Companies were found illegal, the petitioners in the present case should be entitled for the cost of litigation. Accordingly, the Court directed that each of the respondents, that is, Banks/Financial Institutions would be liable to pay a sum of Rs. 50,000 as cost of litigation to the respective petitioners. Read more

[Dhananjay Seth v. Union of India, 2023 SCC OnLine Pat 1393]

Punjab and Haryana High Court

Punjab and Haryana High Court grants interim bail to Times Now Reporter Bhawana Kishore

In a matter seeking quashing of First Information Report (‘FIR’) under Section 482 of Criminal Procedure Code, 1973 (‘CrPC’) against Times Now’s Bhawana Kishore and others, and grant of bail under Section 439 CrPC, Augustine George Masih, J., granted interim bail to Bhawana Kishore and directed authorities to ensure information to the complainant regarding pendency of the instant case. Read more

[Bhawana Gupta v. State of Punjab]

Stay on Diljit Dosanjh’s ‘Jodi Teri Meri’ continues as Punjab and Haryana High Court refrains from passing any order

In a Petition under Article 227 of the Constitution of India challenging order dated 1-5-2023 passing ex-parte ad-interim injunction against the release of film ‘Jodi Teri Meri’ on 5-5-2023, Vikas Puri, J., relied on a catena of cases dealing with High Court’s jurisdiction under Article 227 of Constitution of India and refrained from observing anything touching on merits of the case since the matter was appealable. Read more

[Thind Motion Films Pvt Ltd v. Ishdeep Randhawa]

‘Right to life encapsulates right to construction of road, even to a solitary villager’: Punjab and Haryana High Court to Gram Panchayat

In a petition seeking Writ of Mandamus for quashing directions of Revenue Collector to construct a rasta for one of the respondents who is allegedly an unauthorized occupant over lands owned and possessed by the Gram Panchayat Badaliyan, the Division Bench of Sureshwar Thakur* and Kuldeep Tiwari, JJ. dismissed the petition calling it ‘frivolous and generated by malafides’ and directed the expenses incurred in the institution of this petition to be borne by the Sarpanch and not the Gram Panchayat funds. Read more

[Gram Panchayat Badaliyan v. Financial Commissioner to Govt. Punjab]

‘Petition appears to seek Court’s seal on second relation’; Punjab and Haryana High Court refuses Police Protection for Muslim Marriage

In an application filed under Article 226 of the Constitution of India seeking directions to State authorities to protect life and liberty after second marriage, Sanjay Vashisth J. refused to pass any protection orders since the petitioner could neither prove any threat to the life and liberty, nor could satisfy the Court with the kind of justice he is providing to the first wife. Read more

[Aalam v. State of Haryana]

Punjab and Haryana High Court refuses interim relief in favour of ‘Blenders Pride’ trade mark against ‘Royal Challenger American Pride’

In an appeal against order dated 17-1-2022 dismissing application under Order 39 Rule 1 and 2 of Civil Procedure Code, 1908 against infringement of trademark ‘Blenders Pride’ by using, manufacturing and selling goods under alleged trade mark ‘Royal Challenge American Pride’, the Bench of Augustine George Masih and Alok Jain*, JJ. refused to grant any interim relief to the appellant company, since they could not prove any irreparable loss or injury and how the balance of convenience lies in their favour. Read More

[Pernod Ricard India Pvt. Ltd. v. United Spirits Ltd.]

Husband accused of sharing wife’s ‘obscene videos’ with partner in extra-marital affair; Punjab and Haryana High Court grants anticipatory bail.

In separate petitions filed by the complainant’s husband and co-accused under Section 438 of Criminal Procedure Code, 1973 (‘CrPC’) seeking anticipatory bail for offences under Sections 67, 67-A of the Information Technology Act, 2000 (‘IT Act’), Gurbir Singh, J. granted anticipatory bail to the husband and co-accused, since the prosecution case was based on preparation and transmission of videos to the complainant and not the general public. Read More

[X v. State of Punjab]

Rajasthan High Court

“Right to choose sex or gender identity integral to a human’s personality”: Rajasthan High Court while directing for recognition of male after gender reassignment surgery

In a Writ Petition seeking recognition as a male and change of name and gender in the service record by a person who underwent gender reassignment surgery, Anoop Kumar Dhand, J. upheld the petitioner’s right to be recognized as a male and directed the petitioner to submit an application before the District Magistrate in accordance with Section 7 of Transgender Persons (Protection of Rights) Act, 2019 (‘2019 Act’) while also directing the authorities concerned to issue relevant certificate and update his service record. Read more

[X v. Government of Rajasthan]

Entitlement of ITC after cancellation of GST registration can be considered during revocation: Rajasthan High Court

The petitioner challenged the order passed by the Appellate Authority, Commercial Tax, Jodhpur wherein the GST registration of the firm (Petitioner) was cancelled on the ground of non-filing of GST return. While exercising its civil writ jurisdiction, the division bench of Vijay Bishnoi and Praveer Bhatnagar J.J. held that the assessee was entitled to lodge an Income Tax Claim when the department considered the issue of revocation of GST registration cancellation. Read more

[R.K. Jewelers v Union of India]

Telangana High Court

Admonishing wife for having illicit intimacy will not amount to abetting wife to commit suicide: Telangana High Court

In a case wherein the Accused 3 (Petitioner) along with the other accused was being prosecuted for the offence under Section 306 of the Penal Code, 1860 (‘IPC’) because the wife of Accused 1 committed suicide, a Single Judge Bench of K. Surender*, J. opined that it was understandable that if there was no illicit intimacy with another person and the husband or the family members were making false allegations against a woman, but, in the present case, the factum of illicit intimacy was not disputed and it could not be said that asking the deceased to refrain from continuing illicit intimacy with Accused 4 would in any manner amount to abetment under Section 107 of IPC. Thus, the Court held that admonishing wife for having illicit intimacy would not in any manner amount to abetting the wife to commit suicide. Read More

[B. Nagamani v. State of Telangana]