ALLAHABAD HIGH COURT
Truck is a capital asset of transporter utilised for generating income, seizure without show cause notice violates civil rights: Allahabad HC
In a writ filed by the petitioner/ transporter being aggrieved by the seizure of his truck, the division bench of Saumitra Dayal Singh and Manjive Shukla, JJ. while stating that as no opportunity of hearing has been granted to the petitioner before the truck has been seized and since amount of Rs. 1 lakh has otherwise become due for release of the vehicle, gave the following directions: The petitioner was directed to treat the penalty order as show cause notice and to furnish reply to respondent 2 only to obtain release of the truck. Respondent 2 was directed to give an appropriate reasoned order after affording due opportunity of hearing to the petitioner and to complete such exercise within one week from the date of compliance made by the petitioner. Read more
Appeal against claim petition filed prior to enforcement of Motor Vehicles (Amendment) Act, 2019 entertainable as per unamended provision: Allahabad HC
In an appeal, regarding maintainability of the instant appeal under Section 173(2) of the Motor Vehicles Act, 1988, (MVAct,1988’) in view of the report submitted by the Stamp Reporter. Dr. Yogendra Kumar Srivastava, J. held that an appeal against an award of the Claims Tribunal, even if the amount in dispute in the appeal is less than ‘one lakh rupees’ would be entertainable provided that the amount in dispute is not less than ‘ten thousand rupees’, and it relates to a claim petition filed prior to 01-04-2022. Further, it held the objection of the Stamp Reporter regarding maintainability of the appeal under Section 173(2) of M V Act, 1988, unsustainable. Read more
CALCUTTA HIGH COURT
Calcutta High Court grants permission to All India Secular Front for Foundation Day meeting, imposes conditions for Peaceful Assembly
In a petition by All India Secular Front, a registered political party and its General Secretary, seeking permission to hold a mass meeting in front of Victoria House or any adjacent place on 21-01-2024, to celebrate the Foundation Day, a single-judge bench comprising of Jay Sengupta,* J., considering the rights of the petitioners and the State’s concerns, granted permission for the meeting with specified conditions to ensure a peaceful and well-regulated event. Read more
Calcutta High Court sets aside nomination of Waqf Board member under Section 14(1)(d) of Waqf Act, 1995; calls for fresh appointment
In a writ petition involving a dispute over the appointment of a member to the Board of Waqf under the Wakf Act, 1995 (the Act) and challenging the qualifications of the appointed individual and seeking remedies, a single-judge bench comprising of Sabyasachi Bhattacharyya,* J., held that the appointment is arbitrary, as the State failed to adhere to the legal provision and nominated an individual with a conflict of interest. The Court set aside and quashed the appointment and directed the State to make a fresh nomination under Section 14(1)(d) of the Act adhering to the rule of law and principles of transparency within two months. Read more
Calcutta High Court dismisses Revisional Application on claim of collusion and fraud; Case to proceed for Trial
In a revisional application challenging the impugned order dismissing the application of the petitioner for rejection of plaint, a single-judge bench comprising of Bivas Pattanayak,* J., dismissed the civil revisional application and affirmed the lower court’s decision not to reject the plaint. The Court found no merit in the petitioner’s arguments and held that the case will proceed for trial on the issues raised in the suit. Read more
Calcutta High Court allows live telecast and puja ceremony of Shri Ram Mandir inauguration at Kolkata’s Deshpran Sasmal Park
In an application praying for direction to allow live telecast and organization of the inauguration of Shri Ram Mandir, along with puja, in South Kolkata, a single-judge bench comprising of Jay Sengupta,* J., permitted the petitioner to hold the function at Deshpran Sasmal Park from 9 am to 6 pm on 22-01-2024, on roughly half of the park. Read more
Calcutta High Court affirms Section 148A(d) IT Act order; directs active participation in re-assessment proceedings
In an intra-court appeal against the impugned order challenging an order passed under Section 148-A(d) of the Income Tax Act, 1961 (the Act), a division bench comprising of T.S. Sivagnanam,* CJ., and Supratim Bhattacharya, J., held that the assessing officer had followed the procedure under Section 148A of the Act meticulously and the appellant’s objections, seeking to challenge the initiation of proceedings, are baseless and frivolous. Read more
Calcutta High Court directs formation of SIT amidst allegations of bias and ineffectiveness in Enforcement Directorate officials attack case
In a petition seeking transfer of investigation to Central Bureau of Investigation (CBI) for a fair and effective probe into the violent attack on Enforcement Directorate officials during a raid related to the Public Distribution System Scam, a single-judge bench comprising of Jay Sengupta,* J., considering the ineptitude of the local police and allegations of bias, suggested the formation of a Special Investigation Team (SIT) comprising CBI and State police personnel for a fair and effective investigation. The Court issued directions for the SIT, including the nomination of a CBI officer as the team head, equal representation from State and CBI, and reporting directly to the jurisdictional Magistrate. Read more
Calcutta High Court upholds CBMWTF’s administrative decision of reallocation of Bio-Medical Waste Management Facilities in West Bengal
In a writ petition preferred by the petitioners, a Common Bio-Medical Waste Treatment Facility (CBMWTF), and its Director challenging an order issued by the Senior Special Secretary, Government of West Bengal, Health and Family Welfare Department, a single-judge bench comprising of Sabyasachi Bhattacharyya,* J., dismissed the writ petition, upholding the impugned order, citing administrative discretion and lack of rule contravention as grounds for the decision. Read more
‘Right to get pension immediately after retirement is a recognised right’; Calcutta High Court directs payment of retiral benefits
In a writ petition claiming benefits under the (Death-cum-Retirement) Benefit Regulations, 1990, a single-judge bench comprising of Raja Basu Chowdhury,* J., directed the Calcutta State Transport Corporation to release the petitioner’s pension from March 2024 onwards, and arrear pension from February 2018 to February 2024 was to be disbursed with interest. Read more
Calcutta High Court upholds eviction decree on non-compliance of stringent requirements under Section 7 of the W.B. Premises Tenancy Act, 1997
While deciding whether the Appellate Court had authority to consider grounds not decided by the Trial Court, a division bench comprising of Harish Tandon and Madhuresh Prasad, JJ., held that Section 107(2) of the Civil Procedure Code, 1908 (CPC) allows the Appellate Court to decide issues not decided by the Trial Court when both parties had presented evidence. The appeal was dismissed since no substantial question of law was identified. Read more
Calcutta High Court upholds Presidency Small Cause Court’s jurisdiction to decide ejectment suit under W.B. Premises Tenancy Act, 1997
In a writ petition challenging the jurisdiction of Presidency Small Cause Court to try an ejectment suit under the West Bengal Premises Tenancy Act, 1997 (W.B. Premises Tenancy Act), a single-judge bench comprising of Ajoy Kumar Mukherjee,* J., dismissed the petitioner’s challenge to the Presidency Small Cause Court’s jurisdiction, affirming the validity of Section 12A of the W.B. Premises Tenancy Act and emphasizes the need for legislative amendments to clarify jurisdictional matters between the two Acts. Read more
CHATTISGARH HIGH COURT
Appeal against order of acquittal u/s 138 of Negotiable Instruments Act, 1881 lies to High Court u/s 378(4) of CrPC: Chhattisgarh High Court
In a revision petition filed under Section 397 and 401 of the Criminal Procedure Code, 1973 (‘CrPC’), Deepak Kumar Tiwari, J., opined that the appeal against the order of acquittal in prosecution for the offence punishable under Section 138 of Negotiable Instrument Act, 1881 (‘the NI Act’) would lie to the High Court under Section 378(4) of the CrPC. Read more
DELHI HIGH COURT
“What the F*** is going on this Court”; Delhi High Court issues contempt notice to woman for hurling abuse at Judge
In a case during final arguments, the plaintiff allegedly made derogatory remarks against the court via video conference. Neena Bansal Krishna, J., issued a show-cause notice, requiring the plaintiff to explain why she should not be punished under the Contempt of Courts Act, 1971 and directed her to appear in person on the next hearing date, along with her passport and visa impoundment if she returns to India. Read more
Delhi High Court quashes charges under Prevention of Money Laundering Act against doctor accused of being involved in illegal kidney transplantation racket
In a revision petition filed under Section 397 read with Section 401 of the Criminal Procedure Code, 1973 (‘CrPC’) to set aside the impugned order dated 24-04-2012, Sudhir Kumar Jain, J.*, opined that the complaint filed by the Enforcement Directorate (‘ED’) and the consequential proceedings could not survive. The Court opined that considering that the petitioner had been acquitted by the Trial Court, and that the said judgement had not been challenged till date, there could be no offence of money laundering under Section 3 of the Prevention of Money Laundering Act, 2002 (‘PMLA’) against the petitioner, and accordingly, set aside the impugned order along with all the consequential proceedings arising therefrom. Read more
Delhi High Court restrains Gujarat-based AAJ TAK WATCH NEWS from using India Today Group’s popular mark AAJ TAK
A suit was filed by Living Media India Limited (plaintiff) seeking an injunction against the defendant for using deceptively similar mark “AAJ TAK” in ‘AAJ TAK WATCH NEWS’. Anish Dayal, J., restrained the defendants from using the plaintiff’s marks “AAJ TAK”/ à¤â€ à¤Å“ तà¤â€¢”, or any other trademark identical or deceptively similar to plaintiff’s registered trademarks, in any manner, in relation to any digital media platform including websites, social media and any other content sharing digital platform. Read more
Power to transfer ordinary suit to Commercial Court is not available to District and Sessions Judge u/s 24 of CPC: Delhi High Court
The petition was filed by petitioner challenging the order dated 06-03-2023 passed by the Additional District Judge-06, South-East District, Saket Courts, New Delhi (‘the Additional District Judge’) wherein, the Court observed the dispute between the parties to be a commercial dispute and directed the file of the suit to be placed before the Court of the Principal District and Sessions Judge, South-East District, Saket Courts, New Delhi (‘the Principal District and Sessions Judge’) to pass appropriate order. Petitioner further challenged the order dated 14-03-2023 passed by the Principal District and Sessions Judge, wherein it was directed to withdraw the suit from the Court of the Additional District Judge, and the same was to be transferred to the Court of District Judge, Commercial Court-06, Saket Courts, New Delhi (‘the Commercial Court’) to proceed further in accordance with law. Navin Chawla, J.*, set aside the orders dated 06-03-2023 and 14-03-2023 and held that the Additional District Judge and the Principal District and Sessions Judge had erred in passing the respective orders and it further held that the High Court and not the District and Sessions Judge had the power to transfer the suit to the competent Court under Section 24 of Civil Procedure Code, 1908 (‘CPC’). Read more
Delhi High Court dismisses PIL against ‘Aankh Micholi’ movie being derogatory and discriminatory against persons with disabilities
Petitioner, a person with disability, filed this writ petition as a Public Interest Litigation being aggrieved by the actions of Respondent 1, Sony Pictures Films India Pvt. Ltd., in producing a movie ‘Aankh Micholi’ (‘Movie’), in which, allegedly derogatory and discriminatory remarks were made against the Persons with Disabilities (‘PwDs’). Petitioner seeks a direction to Respondent 2, Central Board of Film Certification (‘CBFC’), to include an expert on the subject matter of the Rights of Persons with Disabilities Act, 2016 (‘RPWD Act’) within the Board of Film Certification under Section 3 of the Cinematograph Act, 1952 (‘1952 Act’) and advisory panel constituted under Section 5 of said Act. The Division Bench of Manmohan, ACJ.*, and Manmeet Pritam Singh Arora, J.*, dismissed the petition and held that there were no grounds or legal basis in the petition justifying the said relief and the Central Government had already issued guidelines under Section 5-B(2) of the 1952 Act, to CBFC for the purpose of sanctioning film, which included guidelines for handicapped persons. Read more
‘Case of twin promise of marriage’; Delhi HC directs Sessions Court to frame rape charges against a man for allegedly making false promise of marriage to a woman
In a criminal revision petition filed by the petitioner before the Court, Swarana Kanta Sharma, J.*, opined that the present case, was a case of twin promise of marriage, and if Respondent 2 had not promised the petitioner, she would not have entered into physical relationship with him. It was also proved that during trial, whether it was breach of promise to marry, or false promise to marry for the sexual relationship, a mini trial could not have been conducted to reach this decision at the stage of framing of charge itself. Thus, the Court opined that there was sufficient material on record to frame charge against Respondent 2 under Sections 376 and 506 of the IPC, and accordingly, set aside the impugned order dated 08-06-2023 and directed the Additional Sessions Judge, Patiala House Courts, New Delhi (‘the Sessions Court’), to frame charge against Respondent 2 under Sections 376 and 506 of the IPC. Read more
‘Attempt to indulge in smart copying’; Delhi HC restrains Hermes Distillery from selling liquor under label ‘PEACE MAKER’ in suit by Allied Blenders and Distillers
Plaintiff, Allied Blenders and Distillers (P) Ltd. filed the present suit under Sections 134 and 135 of the Trade Marks Act, 1999 seeking an injunction against defendant, Hermes Distillery (P) Ltd.’s labels. Prathiba M. Singh, J.*, restrained defendant from manufacturing, selling, offering for sale whisky or any other liquor products under the impugned label 
. The injunction did not preclude defendant from using the red and white color combination in a manner to not cause any confusion or deception or be imitative of plaintiff’s mark/label ‘OFFICERS CHOICE’. Read more
‘Mark’s removal for non-use requires clear, unequivocal evidence of abandonment’; Delhi High Court dismisses application for removal of mark ‘BAOJI’
In a case wherein a rectification application was filed by petitioner, Rong Thai International Group Co. Ltd. invoking Section 47(1)(b) of Trade Marks Act, 1999 (‘the Act’) to seek cancellation of the mark ‘BAOJI’, registered in Class 25 in favour of Respondent 1, Ena Footwear Pvt. Ltd. on the ground of non-use, Sanjeev Narula, J.*, dismissed the petition and held that a mark’s removal for non-use required clear, unequivocal evidence of abandonment, which was not present in the case. Read more
‘Foreigners cannot claim right to reside and settle in India as per Article 19(1)(e), their rights limited to Article 21’; Delhi HC dismisses petition against illegal detention
While hearing a writ petition filed by petitioner under Article 226 of the Constitution read with Section 482 of the Criminal Procedure Code, 1973 (‘CrPC’) to issue an appropriate direction and orders to Respondent 2, Foreign Regional Registration Office (FRRO) for illegal detention and custody of the nephew of petitioner, the Division Bench of Suresh Kumar Kait* and Manoj Jain*, JJ., dismissed the appeal and held that the power of Government of India to expel foreigners was absolute and unlimited and the fundamental right of foreigners was limited to the one given under Article 21 of the Constitution and such acts of the authorities were in accordance with the law. Read more
‘Only being a woman cannot grant additional protection to the accused’; Delhi High Court refuses anticipatory bail to woman accused
An application was filed under Section 438 of Criminal Procedure Code (CrPC) seeking anticipatory bail registered under Sections 420, 468, 471 and 120-B of Penal Code, 1860 (IPC). Navin Chawla, J., refused anticipatory bail to the accused for want of custodial interrogation. Read more
‘Forging order of an arbitrator is a serious offence’; Delhi HC dismisses anticipatory bail application
In a case wherein an application under Section 438 of Criminal Procedure Code, 1973 (‘CrPC’) was filed seeking anticipatory bail in the FIR, registered under Sections 420, 467, 468, 471, 506 and 34 of the Penal Code, 1860, Navin Chawla, J.*, dismissed the bail application and held that merely because no action was taken against the erring police officers, who misbehaved with petitioner-applicant, anticipatory bail couldn’t be granted and also that forging an arbitration order was a serious offence. Read more
True love between individuals cannot be controlled through State action; Delhi HC quashes FIR against a man who eloped with an alleged minor girl
In a petition filed under Article 226 of the Constitution read with Section 482 of the Criminal Procedure Code, 1973 (‘CrPC’) seeking to quash the registered FIR for offences punishable under Sections 363, 366 and 376 of the Penal Code, 1860 (‘IPC’), Swarana Kanta Sharma, J.*, opined that this Court had repeatedly concluded that a true love between two individuals, one or both of who might be minor(s) on the verge of majority, could not be controlled through rigours of law or State action. The Court opined that the cases like the present one, though limited individuals were there in the memo of the parties, but the effect of orders were such that travelled beyond the memo of the parties. Thus, the Court opined that if the FIR was not quashed, it would affect the daughter’s future, who were born from this union, and would eventually result in failure of effective and real justice, and accordingly, quashed the impugned FIR dated 10-01-2015. Read more
‘Male chromosome not female chromosome determines gender of unborn child’; Delhi High Court refuses bail in dowry death case
An application was filed under Section 439 read with Section 482 Criminal Procedure Code (CrPC) seeking a grant of regular bail in a case registered for the offences punishable under Sections 304-B, 498-A and 34 of Penal Code, 1860 (IPC). Swarana Kanta Sharma, J., refuses bail to the applicant because the allegations are grave and serious in nature, the charges are yet to be framed and the material witnesses are yet to be examined. Read more
Delhi High Court denies parole to Ravi Kapoor serving life imprisonment in Soumya Vishwanathan and Jigisha Ghosh murder cases
Petitioner, who was serving his life sentence, approached this Court under Article 226, 227 of the Constitution read with Section 482 of the Criminal Procedure Code, 1973 seeking parole for four weeks on the ground of maintaining social ties with his family and for undergoing a knee surgery. Swarana Kanta Sharma, J.*, opined that petitioner was a habitual offender, who was involved in about twenty criminal cases and was convicted in two cases involving commission of offences such as murder and robbery. Thus, after considering petitioner’s criminal history, his overall conduct inside the jail premises and the gravity of the offences committed by him, the Court held that it was not inclined to grant parole to petitioner at this stage. Read more
Benefit of interim maintenance cannot be denied merely based on unproven allegations of illicit relationship: Delhi High Court
A petition filed by petitioner-husband under Section 482 of the Criminal Procedure Code, 1973 (‘CrPC’) to quash/modify order dated 15-09-2021 passed by the MM, Tis Hazari Court whereby in an application for interim maintenance under Section 23 of the Protection of Women from Domestic Violence Act, 2005 (‘DV Act’), the husband was directed to pay Rs. 6000 per month to respondent-wife towards rent along with interim maintenance of Rs. 11,460 per month to the wife and Rs. 9,800 towards the expenditure of both minor daughters. Anoop Kumar Mendiratta, J.*, opined that the wife could not be denied the benefit of interim maintenance under the DV Act merely based on the allegations of illicit relationship which were yet to be proved during the trial. The Court thus held that the contentions raised by the husband for quashing of the proceedings under Section 12 of the DV Act were without any merit and therefore, there were no reasons to interfere in the impugned order of maintenance passed by the Trial Court. Read more
GUJARAT HIGH COURT
‘Absolutely Gender Insensitive of GPSC for expecting woman to travel 300 Kms to interview after 3 days of delivering child’: Gujarat HC
In an application against Gujarat Public Service Commission’s action of calling the petitioner to travel 300 kilometers for an interview after 3 days of delivery of child, Nikhil S. Kariel, J. condemned this action and directed the respondent to not declare the interview results for the post of Assistant Manager (Finance and Accounts) Class II, till further orders of the Court. Read more
HIMACHAL PRADESH HIGH COURT
Calling a person corrupt per se defamatory; Himachal Pradesh High Court sets aside the Trial Court order
In a revision petition filed by the petitioner, Rakesh Kainthla, J.*, opined that Trial Court fell in error while holding that the respondent was justified in calling the petitioner corrupt, and such right could not be given to anyone as long as the offence of defamation existed in the statute books. The Court opined that calling a person corrupt was per se defamatory as it lowered the estimation of the person in the eyes of the public and could not be justified by resorting to Article 19 of the Constitution. The Court opined that the Trial Court was swayed by the promotion of healthy and vibrant democracy by the right of criticism and there was a right to criticism but not a right to abuse and defame any person. Therefore, the Court set aside the order dated 26-04-2022, passed by the Trial Court and the Court ordered the respondent to be summoned for an offence punishable under Section 500 of the IPC. Read more
Himachal Pradesh High Court quashes FIR registered against family accused of stalking through CCTV camera
In a petition filed by the petitioner to quash the FIR and the challan pending before the Court of Judicial Magistrate, First Class-V, Shimla, Rakesh Kainthla* J., opined that the contents of FIR did not satisfy the ingredients of Section 354-D of the Penal Code, 1860 (‘IPC’), as in the present case, there was no proof that the petitioners had contacted Respondent 2 to foster a personal relationship. Thus, the Court quashed FIR registered under Sections 354D and 201 of the IPC and held that the proceedings would continue against the petitioners for the commission of offence punishable under Sections 504, 506 and 509 of IPC. Read more
Child victim had to suffer untold miseries; Himachal Pradesh HC grants compensation to minor rape victim after hospital asks demeaning questions, conducts two-finger test
The Division Bench of Tarlok Singh Chauhan and Satyen Vaidya, JJ., during the course of hearing, in the present appeal, noticed that the Civil Hospital, Palampur had issued medico legal certificate (‘MLC’), which was demeaning, self-incriminating and self-inculpatory to the child victim. Further, apart from this, the doctors issuing the MLC even conducted the ‘two-finger test’ on the child victim. The Court opined that what was worse was that the child victim had to suffer untold miseries, especially when confronted with the questions of the MLC, which were humiliating and self-incriminating. Further, those irresponsible medical professionals, who designed the proforma and who medically examined the child victim, could not be allowed to go scot-free, and the child victim essentially and legally needed to be compensated. Thus, the Court directed the respondents to pay Rs. 5 Lakhs as compensation to the child victim for the trauma, embarrassment, humiliation and harassment that was caused to her by the Doctors in the Civil Hospital Palampur. Read more
Himachal Pradesh High Court stays registration of contempt of court case against HPNLU Vice Chancellor
The Division Bench of Ramachandra Rao, CJ and Jyotsna Rewal Dua, J., opined that even before the registration of contempt case against the Vice Chancellor of Himachal Pradesh, National Law University (‘HPNLU’), the Single Judge could not have given a finding that she had committed wilful disobedience of this Court’s order and thus, temporarily stayed the order dated 09-01-2024, passed by the Single Judge. Read more
JAMMU AND KASHMIR AND LADAKH HIGH COURT
“Press must refrain from publishing contents that are manifestly defamatory in nature, Must duly verify such content”; J&K and Ladakh HC observes
While hearing the instant petition seeking to quash an FIR filed by the respondent under Section 499, 500, 501, 502 of the Ranbir Penal Code (‘RPC’) and order dated 27-03-2017 passed by the Trial Court for initiation of process against the petitioner who had allegedly published a defamatory news report against the respondent; a single Judge bench of Vinod Chatterji Koul, J.*, dismissed the petition and held that the Court is not inclined to quash the impugned FIR and order of the Trial Court due to the complicity of the petitioner with the charges framed against him. The Court observed that the press must refrain from publishing contents in the newspaper that are manifestly defamatory in nature against an individual. The content published should be duly verified and there should be sufficient reason to believe that it is true and serves the public good. Truth is no defence for publishing defamatory material against a private citizen where no public interest is involved. Read more
KARNATAKA HIGH COURT
[8 Stray Puppies’ Death] S. 372, CrPC does not give victim a right to appeal to challenge the quantum of punishment: Karnataka HC
While considering the instant revision petition wherein the complainant had challenged the quantum of punishment given to the accused who was convicted under Section 429, Penal Code, 1860, Section 93 of Karnataka Police Act and Section 11 of Prevention of Cruelty to Animals Act, 1960 and was sentenced to pay fine of Rs 700, Rs 100 and Rs 200 as per the respective provisions and undergo simple imprisonment; the Bench of J.M. Khazi, J.*, held that plain reading of Section 372 of CrPC makes it clear that the victim has no right of appeal to challenge the quantum of punishment; they can only challenge the acquittal or conviction for a lesser offence or imposing inadequate compensation. Read more
Snatching away a job offends pith and substance of fundamental right to life: Karnataka HC
In an appeal filed under Section 4 of Karnataka High Court Act, 1961 praying to set aside the order of reinstatement by a Single Judge Bench of the High Court; the Division Bench of Prasanna B. Varale, C.J.* and Krishna S. Dixit, J., opined that an employee cannot be dismissed on the basis that a criminal case was registered against him. Dismissal from service cannot be ordered without holding an enquiry. The Court opined that snatching away a job offends the pith and substance of fundamental right to life and liberty guaranteed under Article 21 of the Constitution. Read more
Why Karnataka High Court rejected petition challenging imposition of quality control on plastic imports into India?
In a petition filed under Article 226 of the Constitution challenging the Notification dated 15-04-2021 issued by Government of India which imposes quality control on import of plastic into the shores of the nation to become effective from 05-01-2024, M. Nagaprasanna, J.*, opined that the Court would not tinker with a Notification which wants to bring in quality usage, by necessitating a seal of the BIS at the stage raw material itself. “If the quality emerges right from the word go till the finished product under the ‘Make in India programme’, it is only then that the country would be able to compete with others. A step towards that will not be interfered with by this Court except, that if the step towards that, depicts palpable and demonstrable arbitrariness, which is neither pleaded nor present”. Read more
KERALA HIGH COURT
Know why Kerala High Court refused abortion for minor impregnated by minor brother
In a writ petition seeking directions for medical termination of pregnancy of a 12 years old girl who was impregnanted by her own minor brother, Devan Ramachandran, J. rejected the petition for medical termination of the pregnancy considering the fact that gestation period was 34 weeks and the Medical Board also recommended delivery of the child after completion of 36 weeks of pregnancy. Read more
MADRAS HIGH COURT
Is watching child pornography an offence under POCSO Act or S. 67B of IT Act? Madras High Court answers
In a petition filed under Section 482 of Criminal Procedure Code, 1973 (‘CrPC’), praying to quash the criminal proceedings against the accused alleging downloading of pornographic materials pertaining to children in his mobile phone, N. Anand Venkatesh, J. while quashing the criminal proceedings against the accused, does not hold him guilty of the offence under Section 67-B of Information Technology Act, 2000 (‘IT Act’) and Section 14(1) of Protection of Child from Sexual Offences Act, 2012 (‘POCSO’). Read more
PATNA HIGH COURT
Delay in issuance of advertisement will not create any right/legitimate expectation to seek relaxation in upper age limit for an examination: Patna HC reiterates
The writ petition was filed for issuance of an order/direction or a writ of certiorari for quashing paragraph 3 of Advertisement No. BSJS/1/2023 dated 11-12-2023 published for appointment to the post of District Judge (Entry Level) to the extent to which the cut-off date for determination of maximum age limit was fixed at 01-01-2023. The Division Bench of K. Vinod Chandran, CJ., and Rajiv Roy, J.*, reiterated that delay in issuance of advertisement by itself would not create any right or legitimate expectation in favour of a person to seek relaxation in the upper age limit as prescribed for a preliminary examination. Read more
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