ALLAHABAD HIGH COURT
Exigence of writ of habeas corpus by husband to regain his wife would be rare and not available as a matter of course: Allahabad HC
In a habeas corpus petition filed alleging that the wife of the petitioner is under illegal detention of her maternal uncle Dr. Yogendra Kumar Srivastava, J. has set aside the habeas corpus petition as the wife left her matrimonial home, on her own volition, and there was no material to establish the factum of illegal detention. Further, the Court added that the behest of a husband to regain his wife would be rare and may not be available as a matter of course and the power in this regard may be exercised only when a clear case is made out. Read more
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:
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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.
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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
CALCUTTA HIGH COURT
Calcutta High Court upholds conviction under the Prevention of Food Adulteration Act, 1954; orders immediate imprisonment and fine recovery
In a revision petition challenging the judgment and order by the Additional District and Sessions Judge affirming the conviction and sentence imposed on the revisionists by the Municipal Magistrate for an offense under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 (the Act), a single-judge bench comprising of Rai Chattopadhyay,* J., dismissed the revision petition, upholding the judgments of the Magistrate and Additional District and Sessions Judge. The petitioners’ contentions were deemed unconvincing, and the Court emphasised the importance of maintaining the sanctity of the trial process. The petitioners were directed to serve the imposed sentence and pay the fine. Read more
Calcutta High Court upholds Appellate Court’s order on pre-emption rights and limitation
In a revisional application challenging the impugned order holding that the application for pre-emption was not barred by limitation, a single-judge bench comprising of Biswaroop Chowdhury,* J., held that the issue of limitation was not raised in lower courts and cannot be entertained for the first time in revision. The Court upheld the Appellate Court’s findings and dismissed the revisional application. Read more
‘No conviction solely based on accused’s statements under Section 313 of CrPC’; Calcutta High Court sets aside conviction
In a revision was filed against an order and judgment dated 19-02-2019, passed by the Additional District & Sessions Judge modifying the judgment dated 07-03-2015, passed by the Judicial Magistrate at Barrackpore in a criminal case under Section 138 of the Negotiable Instruments Act, 1881 (NI Act), directed to pay compensation of Rs. 2,00,000/- instead of Rs. 2,25,000/- to the complainant/respondent, a single-judge bench comprising of Shampa Dutt (Paul),* J., held that the “judgment and order under revision and the judgment of the Trial Court being not in accordance with law are liable to be set aside for ends of justice and to prevent abuse of process of law.” Read more
Calcutta High Court establishes appeal’s maintainability under Order 43(1)(a) and Section 104 of CPC, refers to appropriate jurisdiction
While deciding an appeal involving the order of transfer made by a Civil Court to the Commercial Court in a district, a division bench comprising of Biswaroop Chowdhury and I.P. Mukerji,* JJ., held that when a civil court, under Section 15 of the Commercial Courts Act, 2015, decides on the transfer, the court functions as an ordinary civil court, not a commercial court under the Act. The Court asserted its jurisdiction to entertain the appeal but referred the same to the appropriate bench having jurisdiction over appeals from orders passed by a regular court of civil jurisdiction. Read more
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 application for appointment of Arbitrator; rules “May” in Clause 13 renders dispute resolution ambiguous
In a matter before the Court for the appointment of an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 (the Act), a single-judge bench comprising of Moushumi Bhattacharya,* J., held that Clause 13 of the General Terms and Conditions in the e-tender notice does not constitute a valid arbitration agreement under Section 7 of the Act and hence, dismissed the present application on the grounds of maintainability. Read more
CHHATTISGARH HIGH COURT
Complaint/FIR filed by second wife for offence u/s 498A of IPC against husband or in-laws will not be tenable: Chhattisgarh High Court
In a case, wherein the question arose that whether the complaint/FIR filed by the second wife for commission of punishable under Section 498-A of the Penal Code, 1860 (‘IPC’) would be tenable or not, the Division Bench of Sanjay K. Agrawal* and Sachin Singh Rajput, JJ, relied on the principles laid down in Shivcharan Lal Verma v. State of Madhya Pradesh, (2007) 15 SCC 369 and opined that the complaint/FIR lodged by second wife for commission of offence punishable under Section 498-A of the IPC“) would not be tenable. Read more
DELHI HIGH COURT
Delhi High Court upholds registration of mark ‘Premier League’ in favour of Football Association Premier League Ltd.
This appeal was filed under Section 91 of the Trade Marks Act, 1999 (‘the Act’) read with Rule 156 of the Trade Mark Rules, 2017 (‘the Rules) assailing order dated 02-02-2023 passed by Respondent 2, the Registrar of Trade Marks, Delhi, rejecting the opposition of appellant, Premier SPG and WVG Mills Pvt. Ltd to register respondent’s mark in Class 25. Anish Dayal, J.*, opined that there was a lack of opposition by appellant to the earlier registration of respondent’s mark ‘BARCLAYS PREMIER LEAGUE’ as it did not support appellant‘s plea of the challenge to respondent’s mark. If at all ‘PREMIER’ was also contained in the earlier mark of ‘BARCLAYS PREMIER LEAGUE’, and if at all distinctiveness was sought based on the word ‘PREMIER’, an opposition ought to have been filed at that stage itself. The said mark of ‘BARCLAYS PREMIER LEAGUE’ subsisted on the trade marks register for at least a period of 10 years, and appellant had not presented any step which was taken by them for opposition/rectification. Thus, the Court dismissed the appeal. Read more
Non-filing of GST returns for some period does not mean taxpayer’s GST registration will be cancelled retrospectively: Delhi HC
In a petition challenging the show cause notice dated 08-11-2022, order of cancellation dated 07-02-2023 and order in appeal dated 24-08-2023, the Division Bench of Sanjeev Sachdeva* and Ravinder Dudeja, JJ., opined that the registration could not be cancelled with the retrospective effect mechanically and it could be cancelled, only if the proper officer deemed it fit to do so. Further, such satisfaction could not be subjective but must be based on the objective criteria. The Court opined that, “merely, because a taxpayer has not filed the returns for some period does not mean that the taxpayer’s registration is required to be cancelled with retrospective date also covering the period when the returns were filed, and the taxpayer was compliant.” Thus, the Court set aside the show cause notice dated 08-11-2022, order of cancellation dated 07-02-2023 and order in appeal dated 24-08-2023. The Court restored the GST registration of the petitioner and directed the petitioner to file the returns for the relevant period within a period of two weeks from 08-01-2024. Read more
Delhi High Court refuses to interfere with corruption proceedings against Jharkhand Mukti Morcha’s Shibu Soren
A petition was filed by Shibu Soren, a sitting Member of the Parliament in Rajya Sabha nominated from the State of Jharkhand seeking to quash the complaint filed before Lokpal along with orders passed by Lokpal, regarding allegations of corruption by amassing huge wealth, properties and assets by unscrupulous means. Subramonium Prasad, J., refused to interfere in the proceedings as it is for the Lokpal to decide as to whether there is sufficient material to proceed further for investigation or not to subserve the purpose for which the Act has been brought out. Read more
Delhi HC directs National Testing Agency to ensure uploading of final answer key prior to final declaration of result
In the petition filed by the petitioner regarding publication of final result by the National Testing Agency (‘NTA’), before releasing the final answer key, C. Hari Shankar*, opined that it had been assured by the NTA, that in future, this would not happen and any exercise of consideration of objections to the provisional answer key would be undertaken only prior to the final result of the examination of the CUET. The Court had also been assured that the final answer key would be uploaded on the website of the NTA at least a day prior to the final declaration of result, though it would be accessible only through the individual login ID and password of the candidate concerned. The Court directed the NTA to ensure that, in future, these assurances were scrupulously adhered to. Read more
Delhi High Court orders to permanently block websites defrauding people on pretext of recruiting for part-time jobs with Croma
The instant suit concerned infringement and passing off of plaintiff’s registered trade marks CROMA, INFINITI RETAIL, and their formative variants, by Defendants 1 to 4. Sanjeev Narula, J.*, held that plaintiff was entitled to a permanent injunction and further directed Defendants 5 to 7 to permanently block access to the impugned websites namely, www.croma-share.com, www.croma-2.com and www.croma-1.com. Read more
Delhi HC directs Chairperson, DTC to file affidavit stating details of officer who appointed person suffering from colour blindness as a driver
The instant application was filed by petitioner under Section 151 of the Civil Procedure Code, 1908 seeking the relief to allow petitioner to file and place on record additional documents i.e., letter dated 29-10-2008 and 13-03-2013 in the present writ petition. Chandra Dhari Singh, J., directed the Chairperson, Delhi Transport Corporation to file a personal affidavit, after due investigation, stating therein the details of the officer who was responsible for appointing the person suffering from colour blindness/medically unfit for the position of driver with petitioner. Read more
Delhi High Court refuses to quash S. 376 IPC FIR based on conduct of parties, misguided facts and misinformed religious conversion
A petition was filed by the accused under Article 226 and 227 read with Section 482 of Criminal Procedure Code (CrPC) for quashing of FIR registered at Police Station for offence under Sections 376 and 506 of Penal Code, 1860, centers on the conflicting stories presented by the accused and prosecutrix, while the prosecutrix alleging forced sexual assault and the conflicting stand of the petitioner that it was a consensual live-in sexual relationship. Swarana Kanta Sharma, J., dismissed the petition refusing to quash the FIR highlighting inconsistencies, misconduct, and suspicions on both sides, leading to unresolved questions about the validity of the marriage and the overall credibility of the parties involved. Read more
Income derived from transmission of ‘live feed’ not taxable as ‘royalty income’ u/s 9(1)(vi) of Income Tax Act, 1961: Delhi High Court
In an appeal filed against the orders of Income Tax Appellate Tribunal (‘ITAT’) (‘impugned orders’) regarding the taxability of total license fee earned in respect of live telecast as royalty; the Division Bench of Yashwant Varma and Girish Kathpalia, JJ., upheld the impugned orders and held that the income of respondent towards live transmission could not be classified as ‘royalty income’ under Section 9(1)(vi) of the Income Tax Act, 1961 (‘the Act’). Read more
Delhi High Court restrains Bohemia from engaging with third parties for making sound recordings without prior written approval from Saga Music
An application was filed under Order 39 Rule 1 and 2 of the Civil Procedure Code, 1908 in respect of the suit filed by plaintiff seeking inter alia declaration that plaintiff had rights, title and interest in the literary works, musical works, sound recordings and cinematographic film created/produced by Defendant 1 with exclusively and/or collaboration with any party during the term of agreement dated 15-12-2019 and addendum dated 05-01-2021, and permanent injunction restraining defendants and all other persons acting on his behalf and for him from infringing the copy right which accrued to the benefits of plaintiff by virtue of the above-mentioned agreements. Anish Dayal, J., opined that plaintiff had made out a prima facie case for ex-parte ad interim relief and thus restrained Defendant 1 from engaging with third party/entities for the purpose of making any sound recording/cinematographic film/musical work created by Defendant 1 and any performance by Defendant 1, without the prior written approval of plaintiff. Read more
“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
GUJARAT HIGH COURT
“Vadodara boat capsize incident shocked conscience of public”; Gujarat HC while taking suo motu cognizance
In a suo motu cognizance of the boat capsize incident on 18-01-2024 in Vadodara, wherein total of 14 people died including 12 children and 2 teachers, the Division Bench of Sunita Agarwal, CJ. and Aniruddha P. Mayee, J. called upon the Secretary, Home Department, State of Gujarat, to submit a report on action taken in the matter by 29-01-2024. Read more
Gujarat HC allows accused to travel UK to assist son and daughter-in-law to raise grandson
In an application by accused for offences under Section 302, 304-A, 305 and 311 of the Penal Code, 1860, to issue appropriate order or direction permitting him to visit the United Kingdom (UK) for a period of one year, the Division Bench of Sunita A. Agarwal and Aniruddha P. Mayee, JJ. directed the Trial Court to release the accused person’s passport and to apply for the UK Visa. Read more
HIMACHAL PRADESH HIGH COURT
Not permissible to conduct mini-trial u/s 482 of CrPC to determine if an allegation constitutes an offence: Himachal Pradesh High Court
In a petition filed before the Court for quashing of the complaint filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (‘the DV Act’) and summoning order issued by the Trial Court, Rakesh Kainthla, J.*, opined that the powers under Section 482 of the Criminal Procedure Code, 1973 (‘CrPC’) could be exercised to prevent the abuse of process and secure the ends of justice. The Court could quash the FIR, if the allegations did not constitute an offence or make out a case against the accused, however, it was not permissible for it to conduct a mini-trial to arrive at such findings. The Court further opined that the Trial Court had discussed the contents of the complaints and the witnesses’ statements to conclude that the offences punishable under Sections 406, 407, 420 and 427 of the CrPC were not made out, but the offences punishable under Sections 379 and 120B were made. Thus, the Court opined that the summoning order was quite detailed and reasoned, and accordingly, dismissed the present petition. Read more
‘Equal pay for equal work’; Himachal Pradesh HC grants similar pay scale to an employee who was given different pay scale for discharging similar work in same cadre
In a petition filed by the petitioner seeking that he should be entitled to the pay scale of Rs.1640-2925 with all the consequential benefits, Bipin Chander Negi, J.* opined that the petitioner must succeed on the principle of equal pay for equal work, as no tangible explanation had been offered by the respondents to justify the date of appointment becoming relevant for fixing different pay scales for discharging similar work in the same cadre. The Court set aside rejection orders based on the clarification dated 17-12-1991 and held that the plaintiff is entitled to the pay scale of Rs.1640-2925/- with all consequential benefits. Thus, the Court quashed the clarification dated 17-12-1991 and, consequently, set aside other orders which were based on this clarification and held that the petitioner was entitled to the pay scale of Rs. 1640-2925 with all consequential benefits. Read more
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
JHARKHAND HIGH COURT
‘Duty of woman to serve ailing mother-in-law’: Jharkhand High Court cites Indian culture; rejects maintenance to wife
In a criminal revision preferred against order passed by a Family Court directing husband to pay Rs 30,000 and Rs 15,000 towards maintenance of wife and son on a monthly basis, Subhash Chand, J. cited several texts depicting Indian culture and held that a married woman was duty bound to serve the ailing mother-in-law and took the same as a ground for rejecting maintenance granted in her favour after wife left matrimonial home without any reasonable cause. 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
KERALA HIGH COURT
Action contrary to departmental rules not criminal misconduct by public servant: Kerala HC
In a petition seeking to quash First Information Report (‘FIR’), final report and further proceedings as registered by the Vigilance and Anti-Corruption Bureau under Sections Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (‘PC Act’) and Section 120B read with Section 34 of Penal Code, 1860 (‘IPC’), K. Babu, J. allowed the petition clarifying that dishonest intention was integral to attract the offence under Section 13(1)(d) of PC Act, and that conduct or action merely being contrary to departmental norms does not mean criminal misconduct on part of the public servant. Read more
Divorced Muslim woman need not be sent to Court for recording talaq: Kerala High Court
In a petition filed under Article 226 of the Constitution, P.V. Kunhikrishnan, J.*,opined that a divorced woman should not be handicapped by registering the marriage, following the registration rules under the Kerala Registration of Marriages (Common) Rules, 2008 (Rules 2008), and the power to record the divorce was inherent to the authority concerned. The Court opined that a divorced Muslim woman need not be sent to a court of law for recording the talaq and the officer concerned could record the talaq without insisting on a court order. The Court further stated that there was a lacuna in Rule 2008 and the legislature should think about the same. Thus, the Court directed the Registry to forward a copy of the judgement to the Chief Secretary, State of Kerala, to do the needful in accordance with law. The Court further directed Respondent 1, that if Respondent 3 conceded the talaq, consequential entry should be made in the Register of Marriage and if there was any dispute regarding the validity of divorce, the Registrar need not record such divorce in the Register without an order from the competent court. Read more
MADHYA PRADESH HIGH COURT
‘An accused has fundamental right to fair trial’; Madhya Pradesh High Court allows petition to call witnesses in a cross-case
While deciding a petition filed under Section 482 of the Criminal Procedure Code, 1973 (CrPC) which was filed by the petitioner against the order passed by the Special Judge, SC/ST Act, Raghogarh, District Guna where his application for calling the witness under Section 311 of CrPC has been rejected, a single-judge bench of Anand Pathak,* J., quashed the impugned order of the trial court and held that to prevent the miscarriage of justice and to uphold the ultimate goal of justice, the trial court was directed to call relevant witnesses as sought to be called by the petitioner. Read more
MADRAS HIGH COURT
Explained| Madras High Court verdict on constitutionality of Section 204 of the Insolvency and Bankruptcy Code
In writ petition filed for declaring that Section 204(a), (b), (c), (d) and (e) of the Insolvency and Bankruptcy Code, 2016, (‘IBC’) as ultra vires, the provisions of Article 14, 19(1) (g) and 21 of the Constitution, being manifestly arbitrary, substantively unreasonable, excessive legislation and repugnant to the objectives of IBC, the division bench of R.Sanjay V. Gangapurwala, CJ. D. Bharatha Chakravarth *, J. upheld the constitutional validity of the Regulation 23A of the IBBI (Model Byelaws and Governing Board of Insolvency Professional Agencies) Regulations, 2016. Further, it held that Section 204 of IBC is only an enabling provision and therefore, there is no constitutional infirmity in any of the provisions under Section 204 (a) (b) (c) (d) and (e) of IBC. Read more
Civil Courts have no jurisdiction to entertain the suits filed by app developers challenging Google’s Billing Policy: Madras HC
In an appeal filed by Info Edge (India) Ltd. (‘Info Edge’) against the judgment of Single Judge, wherein the Court allowed the application filed by Google and rejected the plaints, and observed that the plaints filed by Info Edge were barred by Section 61 of the Competition Act, 2002 (‘Act, 2002’), the division bench of Sanjay V. Gangapurwala and P.D.Audikesavalu, JJ. while upholding the impugned judgment, held that the civil court may not exercise the jurisdiction in the present case, as the conditions, clauses and the payment/billing system between the parties are already tested before the Competition Commission of India and the Commission has passed an exhaustive order. The parties are bound by the said order. Therefore, if certain further terms are executed, the same should be tested by the Competition Commission of India and not by the other fora. Read more
Is wife entitled to know husband’s salary details to make a rightful claim of maintenance? Madras HC answers
In a writ petition filed by the husband/petitioner against the order of the State Information Commissioner dated 20-10-2020 and to quash the same and consequently, refrain the State Information Commissioner, Registrar and the Appellate Authority and Deputy Registrar and the Public Information Office of the Alagappa University from furnishing any personal and private information about the petitioner to his wife, G.R. Swaminathan, J. while upholding the impugned order, said that unless the wife knows the quantum of salary received by the husband, she cannot make her rightful claim. Read more
[Compassionate appointment] Madras High Court directs District Education Officer to provide job to son of deceased Head Mistress
In a writ petition filed against the order passed by District Education Officer (‘DEO’) and to direct DEO to provide suitable job to the petitioner under compassionate ground on the death of his mother on 19-12-2018 as per the petitioner’s application dated 30.09.2020, L Victoria Gowri, J. noted that if any person in the deceased Government Servant’s family was employed even before the death of the Government Servant but was living separately without extending any help to the family, then the case of other eligible dependant will be considered. Thus, it quashed the impugned order and directed the DEO to provide a suitable job to the petitioner under compassionate ground within 12 weeks from the date of this order. Read more
Family Court grants dissolution of marriage on ground not pleaded in petition: Madras HC sets aside order
In an appeal filed under Section 19 of the Family Courts Act, 1984 read with Section 28(4) of the Hindu Marriage Act, 1955 against the order dated 13-10-2017 by the Family Court, wherein the Court held that levelling allegations of illicit relationship against the spouse, amounts to mental cruelty and granted relief on the ground of irretrievable breakdown of the marriage, the division bench of RMT. Teekaa Raman* and P.B. Balaji, JJ. while setting aside the impugned order, said that the order of dissolution of marriage passed by the Family Court is legally unsustainable as the reason of levelling of allegation of illicit relationship is not the case of the husband, however, the same was taken as a ground by the judicial officer for granting the relief. Read more
Read why Madras High Court set aside bail granted to Bhavninder Singh in cheating case filed by actress Amala Paul
In a Criminal Original Petition filed by actress Amala Paul to cancel the bail granted to Bhavninder Singh Dhatt (‘BS Dhatt’) accused under Sections 120(B), 465, 511, 467, 468, 471, 420, 406, 419, 379, 354(C), 384, 500, 506(2) of the Penal Code, 1860 (‘ IPC’) and Section 66(D) of the Information Technology Act, 2000 and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, by the Judicial Magistrate, C.V. Karthikeyan, J. has set aside the impugned order granting bail to BS Dhatt and directed him to surrender before the Investigating Agency (‘IA’) within a period of 15 days from the date on which this order is uploaded on the Court’s website, failing which the IA is directed to take him into custody. Read more
PATNA HIGH COURT
‘Minor wife’s stay at Girls Care Home not detrimental’; Patna High Court denies custody to husband
While deciding a criminal writ application filed by petitioner seeking for direction to Respondent 8, State Girls Care Home, Gaighat, Patna for release of Respondent 11, the Division Bench of P.B. Bajanthri and Ramesh Chand Malviya*, JJ., held that Respondent 11 who had not attained the age of majority could not be directed to be released by giving her custody to her husband and also to stay with the parents after her refusal to go along with them. Thus, the Court dismissed the petition and upheld her stay at State Girls Care Home as lawful and not detrimental. Read more
PUNJAB & HARYANA HIGH COURT
Stipend for Junior Lawyers | Punjab and Haryana High Court issues notice to BCI, BCPH
The Division Bench of Ritu Bahri, ACJ and Nidhi Gupta, J. issued notice to Bar Council of India as well as Punjab and Haryana in a matter seeking payment of stipend/remuneration for young lawyers. Read more
Minor girl kidnapped, 20-year-old boy in jail for more than a year; Punjab and Haryana HC pulls Punjab Police for callous approach
In a petition seeking regular bail in a First Information Report (‘FIR’) after the complainant’s minor daughter went missing, alleging kidnap by the petitioner, involving offences under Sections 363 and 365 of Penal Code, 1860, Sandeep Moudgil, J. pulled the senior police officials for callous approach and restricted any unwarranted investigation against the young petitioner who was in jail for more than a year and had produced some photographs of missing girl wandering freely. Read more
RAJASTHAN HIGH COURT
‘Real celebration will be if society follows ideals of Lord Ram’; Raj HC directs District Collector to ensure that in future roads are not blocked in name of religious celebrations
In a suo motu petition, taking note of the chaotic situation and complete jam on the main highway road, connecting main city to the High Court, Dinesh Mehta, J, opined that the real celebration would be if society respected and followed the ideals and virtues which Lord Ram embodied and was worshipped as an ideal person. The Court further directed the Commissioner of Police and the District Collector to ensure that in future the roads, particularly the road leading towards the High Court, was not blocked in the name of any ‘julus’, ‘dharna’ and religious celebrations. Read more