ALLAHABAD HIGH COURT
Confiscation of goods cannot be done on estimates when option of physical verification is available; Allahabad High Court quashes order of confiscating stock and imposing penalty
While challenging the orders passed in appeal under Section 107 of the Uttar Pradesh Goods and Services Tax Act, 2017 (‘Act’) to confiscate stock of the petitioner and levy penalty, two tax writ petitions were filed before a single-judge bench comprising Shekhar B. Saraf, J. wherein the issue to be answered was whether mere presence of additional stock would result in confiscation and subsequent penalty, the impugned order were set aside and quashed. Read more
BOMBAY HIGH COURT
Admissions and jobs based on 10% reservation to Maratha under SEBC, subject to final outcome of pleas challenging Maharashtra Reservation Act: Bombay HC
In a batch of Public Interest Litigations (PIL) and civil writ petitions, primarily challenging the constitutional validity of the Maharashtra State Reservation for Socially and Educationally Backward Classes Act, 2024 (‘the Act’) before a full bench comprising of Devendra Kumar Upadhyaya, CJ., G.S. Kulkarni, and Firdosh P. Pooniwalla, JJ, the Court said that the applications for admissions to educational courses or recruitment to government jobs availing the Maratha quota would be subject to further orders on petitions challenging the reservation. Read more
Man fakes own death to claim insurance after allegedly murdering neighbor : Bombay HC refuses to grant bail
In criminal bail application preferred under Section 439 of the Code of Criminal Procedure, 1973 (CrPC) seeking regular bail Madhav J. Jamdar, J., denied bail due to severity of the offence, the central role of the applicant in the crime, and the likelihood of fleeing from justice or tampering with witnesses. Read more
[Special Law v. General Law] Bombay HC deciphers interplay between IPC and IT Act in punishing for overlapping offences
A 3-Judge Bench of Mangesh S. Patil*, R. G. Avachat and Shailesh P. Brahme, JJ. examined whether an accused can be prosecuted against various sections of the Information Technology Act, 2000 (‘IT Act’) and the Penal Code, 1860 (‘IPC’), directedthat the matters be placed before an appropriate Bench for adjudication of the issues at hand. Read more
Convicts under MCOCA can’t be excluded from availing the benefits of 2006 State Remission Policy: Bombay HC
While deliberating over the instant petition filed by Arun Gawli, who was convicted under MCOCA in 2012, seeking premature release from prison under Remission Policy of 2006 on account of old age and frail health; the Division Bench of Vinay Joshi* and Vrushali V. Joshi, JJ., applying the rule of ejusdem generis, held that convicts under MCOCA cannot be excluded from availing the benefits of 2006 State Remission Policy. Read more
‘Shocking and Astounding order’; Bombay HC quashes CGIT’s order reinstating employee who slapped supervisor
In a set of two writ petitions , before Sandeep V Marne, J., against the decision of the Central Government Industrial Tribunal (CGIT), which ordered the reinstatement of a Hindustan Petroleum workman who was terminated after he slapped his supervisor. The Court set aside the impugned order and and allowed the Hindustan Petroleum Corporation Limited’s (HPCL) petition. The Court considered the order of the CGIT as to considering the ‘act of slapping the supervisor as not too serious to inflict the punishment of termination of employee’, as ‘shocking’. Read more
Right to sleep is a basic human right and non-providing of the same may impair a person’s mental faculties, cognitive skills; Bombay HC directs ED to issue circular against recording statement at night
In a criminal writ petition, wherein the petitioner prayed for declaring the arrest to be illegal and to quash the order granting remand before the division bench of Revati Mohite Dere* and Manjusha Deshpande, JJ., the Court held that the petitioner was produced well within 24 hours of his arrest before the Special Court and hence, the arrest was legal. However, the Court also directed the Enforcement Directorate (ED) to issue a circular/directions as to the timings for recording of statements so that the practices of the ED do not violate the fundamental rights of the persons summoned. Read more
Assessing Officer to record dissatisfaction with correctness of claim of Assessee in respect of expenditure with cogent reasons: Bombay HC
An appeal filed under Section 260-A of the Income Tax Act, 1961, (‘the Act’) impugned an order passed by the Income Tax Appellate Tribunal, Mumbai (ITAT), wherein the decision of the Commissioner of Income Tax (Appeals), Bombay [CIT(A)], to allow the appeal of the assessee and deletion of disallowance of interest expenditure amounting to Rs. 94,00,00,000/- claimed by the assessee was upheld by the ITAT, the division bench comprising K.R. Shriram and Neela Gokhale, JJ. while dismissing the appeal, held that the Assessing Officer should have given cogent reasons if he wished to record dissatisfaction regarding the claim of the assessee. Read more
‘Hospitals can’t insist on police complaint as condition to provide medical care’: Bombay HC
The Division Bench comprising of GS Kulkarni & Firdosh P Pooniwalla, JJ. disposed of a writ petition in the favour of the petitioner, filed by a mother under Article 226 of the Constitution of India, to protect the rights and health of her seven-months pregnant minor daughter. The Court ordered that medical institutions could not insist on a police complaint as a condition to provide medical treatment to the daughter, when the petitioner’s daughter did not intend to pursue legal action against her partner and did not see herself as a victim under the Protection of Children from Sexual Offences Act, 2012 (“POCSO Act”) but had gotten pregnant out of a consensual relationship with another minor. Read more
Bombay HC allows acid attack victims to seek compensation beyond limitation period provided in Maharashtra Victim Compensation Scheme
In a writ petition before the Division Bench of AS Chandurkar* and Jitendra Jain, JJ., the petitioners (victims of acid attack) were permitted to seek compensation beyond the three-year limitation period provided under the Maharashtra Victim Compensation Scheme for Women Victims/Survivors of Sexual Assault/Other Crimes, 2022 (‘Scheme’), Further, the Court said that the delay could be allowed in deserving cases. Read more
CALCUTTA HIGH COURT
Calcutta High Court dismisses application due to non-existence of arbitration clause in subcontractor’s work order
In an application filed by the defendant, CLE Private Limited, seeking the dismissal of the suit and the initiation of arbitration citing a forum selection clause and an arbitration provision, Krishna Rao, J., dismissed the defendant’s application, noting that the arbitration clause and forum selection clauses were not applicable to the plaintiff, Dascon Sourav Commercial Private Limited , and that a reference to the document in the contract should be such that shows the intention to incorporate the arbitration clause contained in the document into the contract. Read more
‘Fair and Handsome’ v. ‘Glow and Handsome’; Calcutta HC rules in favour of Emami in Passing Off Dispute Against Hindustan Unilever
In a suit for infringement and passing off under Trade Marks Act, 1999 (‘TM Act’), filed by Emami Limited (‘Emami’), a well-established company in the men’s skincare industry, against Hindustan Unilever Limited (‘Hindustan Unilever’), seeking relief against Hindustan Unilever for their use of the mark “Glow and Handsome,” claiming it bore striking resemblance to Emami’s renowned brand “Fair and Handsome.” Ravi Krishan Kapur, J. granted relief to Emami for passing off, despite Emami failing to prove infringement, and noted the similarity between the marks “Fair and Handsome” and “Glow and Handsome,” recognizing the potential for confusion among the customer and that the intentional adoption of a mark resembling Emami’s, despite lack of infringement, suggested an attempt by Hindustan Unilever to benefit from Emami’s goodwill. Read more
DELHI HIGH COURT
‘Certificate issued during pendency of dispute would not amount to final payment certificate’; Delhi HC sets aside arbitral award in conflict with public policy of country
Petitioner, National Highways Authority of India filed the present petition challenging the award dated 26-06-2021 (‘impugned award’) passed by the Arbitral Tribunal (‘the Tribunal’). Chandra Dhari Singh, J.*, opined that the material on record clearly suggested that the Tribunal was apprised about the pending disputes between the parties, therefore, any certificate issued during the pendency of a dispute would not amount to Final Payment Certificate, and deciding the issues in favour of the respondent was a mistake of law. The Court opined that in the present case, petitioner had made out a case to prove that the impugned award suffered from illegality as it was against the public policy of this country. There were multi-fold reasons for the same, as firstly, the Tribunal erroneously directed payment of the due amount based on same, despite holding that the certificate dated 31-08-2014 was not a final payment certificate. Secondly, the non-adjudication of the contentions raised by petitioner was a clear violation of the principles of natural justice and thirdly, the contrary opinions given by the same Tribunal in similar factual scenario created a bizarre situation and the same could not be permitted under the law. Read more
Delhi High Court| Central Delhi Court Bar Association recognized as official Bar Association for the Rouse Avenue District Court Complex
A petition was filed for consideration is as to whether the fundamental right guaranteed by Article 19(1) (c) of the Constitution to form an Association also includes the right to be recognized by a State Bar Council or by the Court for the purposes of availing benefits that flow from such recognition, either as a Court annexed Bar Association or as a recognized Bar Association under the Advocates Welfare Fund Act, 2001 referred to as the Advocates Welfare Fund Act. A division bench of Sanjeev Sachdeva and Ravinder Dudeja, JJ., held that while the right to form associations is a fundamental right, recognition by legal authorities is a separate matter governed by specific laws and regulations. Associations must meet the prescribed criteria to be recognized, and recognition is not automatic or guaranteed solely by virtue of association formation. Compliance with legal requirements is essential for obtaining recognition and accessing associated benefits under the law. Read more
‘Child abuser in eventuality of false implication suffer social stigma’: Delhi HC acquits a man convicted of sexually assaulting a twelve-year-old child
Appellant-convict filed the present appeal under Section 374(2) of Criminal Procedure Code, 1973 (‘CrPC’) challenging the judgment and order on sentence dated 09-01-2013 and 16-01-2023 respectively passed by Additional Sessions Judge, Special Court POCSO, Saket Court, New Delhi (‘the Trial Court’). Anoop Kumar Mendiratta, J.*, opined that the Trial Court had completely missed to appreciate the contradictions in the present case and the defence of appellant was also duly supported by the police entries. The quarrel at the time of incident and matrimonial differences provided a strong motive for falsely implicating the appellant. The Court opined that “as a wrongful acquittal shakes the confidence of people, a wrongful conviction is far worse. A child abuser in the eventuality of false implication even continues to suffer a blot of social stigma which is much more painful than the rigours of a trial and imprisonment”. Read more
Delhi HC directs removal of defamatory X posts/tweets against Senior Advocate Gaurav Bhatia; videos in public domain to be made private
The plaintiff seeks ad interim ex parte injunction thereby directing Defendants 14 and 15, Google LLC and X (Twitter), respectively, to take down the posts/videos of Defendants 1 to 13 from the platform of Defendants 14 and 15 and also ad interim ex parte injunction against Defendants 1 to 13 thereby restraining them and their agents, representatives, associates, heirs, relatives etc., to cease and desist from posting any derogatory and harmful material on social media platforms, including on the platforms of Defendants 14 and 15 pertaining to plaintiff, during the pendency of the present suit. Neena Bansal Krishna, J.*, considering the imminent threat of misuse of the deepfake videos in future, which were prima facie depicting plaintiff being beaten up, which might not be true, opined that the videos were liable to be restrained from being kept in the public domain till the suit was finally decided. Read more
Delhi High Court dismisses plea challenging dissolution of Maulana Azad Education Foundation
The present Public Interest Litigation (‘PIL’) was filed seeking quashing of the Office Order dated 7-2-2024 (‘the impugned order’) issued by Respondent 1, the Ministry of Minority Affairs, Government of India, by way of which Respondent 1 accepted the proposal by the Central Waqf Council (‘CWC’) to dissolve the Maulana Azad Education Foundation (‘MAEF’). The Division Bench of Manmohan, ACJ., and Mini Pushkarna, J.*, opined that the decision to dissolve MAEF was a well-considered decision, duly taken by the General Body of MAEF in terms of the authority vested in it by way of the Bye Laws of MAEF and as per the provisions of the Societies Registration Act, 1860 (‘the Act’). The Court held that the decision to dissolve MAEF was duly taken by the General Body of MAEF, and it found no impropriety or irregularity in the process adopted by the General Body in arriving at the said decision. Read more
Delhi High Court refers dispute to Arbitration after finding service by email and WhatsApp sufficient
Petitioner had filed the petition under Section 11 of the Arbitration and Conciliation Act, 1996 (‘the Act’) for appointment of an arbitrator to adjudicate disputes between the parties under the lease agreement dated 21-03-2018 (‘the agreement’). Prateek Jalan, J., opined that although service by e-mail and WhatsApp was sufficient, it might also be noted in the agreement itself that respondent’s address for the purpose of correspondence was the same address at which service was attempted. The Court opined that considering that service upon the respondents had been duly affected by e-mail and WhatsApp on 20-02-2024, it was not necessary to await the respondents’ appearance any further. Thus, the Court opined that prima facie there existed an arbitration agreement between the parties and the arbitration proceedings had been duly invoked against Respondents 1 and 2. Accordingly, the Court referred the disputes between the parties to arbitration under the aegis of Delhi International Arbitration Centre, Shershah Road, New Delhi (‘DIAC’). The Court requested DIAC to nominate arbitrator from its panel, and the arbitration proceedings would be governed by the Rules of DIAC, including the remuneration of the arbitrator. Read more
Right to be identified by one’s name is fundamental to one’s identity as an individual: Delhi High Court
Petitioner seeks that the name of her deceased father, which was recorded in her Secondary School Examination (Class X) and the Senior School Certificate Examination (Class XII) marksheets issued by the CBSE as “D.N. Srivastav” be changed to “Surendra Prasad Shrivastav”. C. Hari Shankar, J.*, held that a case for correction of the name of petitioner’s father to “Surendra Prasad Shrivastav”, was made out. The Court opined that it had to adopt a realistic approach in such cases as “a name is an identity marker, and that the right to be identified by one’s name, and also as the daughter or son of parents whose name is correctly mentioned, is fundamental to one’s very identity as an individual”. Read more
Delhi HC disposes of petition seeking directions to ensure personal data collected by foreign travel companies is kept confidential; grants liberty to approach UOI
Petitioner filed the present petition seeking directions to the Union of India to ensure that the travel companies, particularly foreign travel companies, which collect personal data, including name, address, phone number, Aadhaar, passport details etc. during ticket booking were kept completely confidential and not shared with anyone. The Division Bench of Manmohan, ACJ, and Manmeet Pritam Singh Arora, J., noted that petitioner had not filed any representation with the Union of India before approaching the present Court. Thus, the Court disposed of the present writ petition with liberty to petitioner to raise its grievances with the Union of India. The Court further clarified that it had not commented on the merits of the issue, and the rights and contentions of all the parties were left open. Read more
‘Treat plea as representation to include Ayurveda in Ayushman Bharat Scheme’; Delhi High Court directs Ministry of Ayush
The present public interest petition was filed to include Indian healthcare systems which were, Ayurveda, Yoga, Naturopathy, Siddha, Unani, Homeopathy in the National Health Protection Mission, Pradhan Mantri Jan Arogya Yojana (‘PM-JAY’) i.e., Ayushman Bharat Scheme. The Division Bench of Manmohan, ACJ., and Manmeet Pritam Singh Arora, J., allowed the application and restored the matter to its original status, which was dismissed in default and on account of non-prosecution vide order dated 29-1-2024. The Court further directed Respondent 2 to treat the present writ petition as a representation and to decide the same by way of a reasoned order as expeditiously as possible. Read more
Delhi High Court restrains food outlets from using marks similar to “Domino’s”; directs Zomato, Swiggy to de-list them
The present suit was filed seeking permanent injunction restraining infringement of plaintiffs’ trade marks “Domino’s Pizza”, and, and passing off, etc. Plaintiffs alleged that Defendants 1 to 8 were perpetrating fraud on the public by creating a false association with plaintiffs, resulting in grave financial losses to them. Sanjeev Narula, J., restrained Defendants 1 to 8, and anybody acting on their behalf, from advertising, selling, offering for sale, and marketing any products, packaging, menu cards and advertising material, labels, stationery articles, website or any other documentation using, depicting and/or displaying the impugned marks “Domino”, “Domino’s”, “Dominon”, “Dominox”, “Dominoz”, “Domison”, “Domain’s” and/or any other identical or deceptively similar mark in any manner whatsoever, so as to cause confusion or deception leading to passing off of the said defendants’ products and services as those of plaintiffs, and/or amounting to infringement of plaintiffs’ “Domino’s” trade marks. Read more
[NH 39] Debarment/Blacklisting notice can cause civil death of business; following principles of natural justice a must: Delhi HC sets aside order declining suspension of debarment
The present appeal was filed by appellant, Oasis Projects Ltd. under Section 37(2)(b) of the Arbitration and Conciliation Act, 1996 (‘the Act’) seeking setting aside of the order dated 19-7-2023 (‘impugned order’), wherein the Sole Arbitrator declined the prayer for suspension of the debarment of appellant under Section 17 of the Act. Appellant also sought removal of the declaration of appellant as a non-performer from respondent’s website and abey the debarment of appellant as per the letter dated 9-12-2022. Prathiba M. Singh, J.*, noted that in the present case, a Show Cause Notice for non-performance and termination did not give a clear understanding of debarment and the punishment that appellant would face. The Court set aside the impugned order and held that appellant should not be treated as a “non-performer” or a “debarred entity” and the said declaration on respondent’s website should also be removed. Read more
Delhi High Court rejects VCK party’s petition to allot “POT” symbol for contesting 2024 General Elections
Petitioner filed the present petition seeking to set aside the impugned letter dated 27-03-2024 issued by Election Commission of India (‘ECI’)-respondent and to allot the “POT” symbol to petitioner to contest 2024 general elections, Sachin Datta, J.*, opined that petitioner had admittedly availed the aforesaid concession in 2016 for Tamil Nadu and Puducherry State Legislative Assembly Elections and then again for the 2019 Lok Sabha Elections. Since, petitioner had clearly availed the concession on previous two occasions, therefore, for availing the concession for another occasion, it must comply with the requirement of Explanation (ii) of para 10B (B) of the Election Symbols (Reservation and Allotment) Order, 1968 (‘Election Symbols Order’). However, the Court opined that petitioner did not seriously dispute that it did not fulfil the said requirement. The Court also agreed with respondent’s contention that since the election process for the upcoming election for the year 2024 had already been set in motion, it was too late in the day to interfere with the same. The Court opined that petitioner’s remedy was under Section 100 of the Representation of the People Act, 1951 and accordingly dismissed the present petition. Read more
No bar on political parties under Articles 243-ZA or 243-R of the Constitution from contesting municipal elections: Delhi High Court
The Division Bench of Manmohan, ACJ., and Manmeet Pritam Singh Arora, J.*, opined that there was no bar under Articles 243-ZA or 243-R of the Constitution on the political parties from contesting municipal elections. The Court also opined that the adoption of the Symbols by Respondent 3, the State Election Commission of Delhi (‘SEC’) in the Municipal Elections was reasonable and not arbitrary. Read more
Union of India clarifies five percent IGST rate for import of dialysis machines in a petition before Delhi High Court
In a petition seeking direction to respondents for clarification that Integrated Goods and Services Tax (‘IGST’) rate applicable to petitioner for import of dialysis machines was five percent, the Division Bench of Sanjeev Sachdeva* and Ravinder Dudeja, JJ., disposed of the present petition binding respondents to their statement that insofar as the case of petitioner was concerned, subject to verification of HSN Code, the same would be eligible to tax at five percent in terms of the office memorandum dated 13-10-2023. Read more
‘Orders passed by UK Court enforceable in India as per Sections 13, 44-A of CPC’: Delhi HC permits TWC Aviation Capital to inspect aircraft frames leased to SpiceJet
The present suit was filed by plaintiff, TWC Aviation Capital Ltd. for declaration, mandatory and permanent injunction, etc against defendant, SpiceJet Ltd. Prathiba M. Singh, J., opined that prima facie, the orders passed by the High Court of Justice in England Wales, Court (Business and Property Courts of England Wales King’s Bench Division Commercial Court) (‘UK Court’) were enforceable in the present proceedings in terms of Section 13 read with Section 44-A of the Civil Procedure Code, 1908 (‘CPC’). The Court opined that keeping in view the principles of Comity of Courts and that a substantial sum of money was due from defendant to plaintiff, the Aircrafts and the engines deserved to be secured. Read more
GAUHATI HIGH COURT
[POCSO Act] Charge of penetrative sexual assault can be made on some degree of insertion; non-tear of hymen of no consequence: Gauhati HC remands matter back to Trial Court
The present criminal appeal under Section 378 of the Criminal Procedure Code, 1973 (‘CrPC’) was preferred against the impugned acquittal Judgment and Order dated 20-9-2019 passed by the Special Judge, POCSO, Aizawl Judicial District, Aizawl (‘the Trial Court’), registered under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (‘POCSO Act’), wherein the Trial Court acquitted respondent by giving benefit of doubt. Read more
JAMMU AND KASHMIR HIGH COURT
J&K and Ladakh HC directs the authorities to grant NOC to Bilquis Mir to participate in Asian Canoe Sprint Olympic Qualifier in Japan as Chief Finish Line Judge
While considering the instant petition filed by Bilquis Mir seeking permission/NOC to travel to Japan and judge the Asian Canoe Sprint Olympic Qualifier taking place in Japan from 14-04-2024 to April 21-04-2024; the Bench of Sindhu Sharma, J., directed the respondents grant NOC/ permission to the petitioner to travel abroad for the event scheduled in Japan in the first instance. The Court noted that since the sporting event in Japan is taking place in April 2024, and if the petitioner is not able to attend the same, then she would lose all opportunities to participate in the qualifier and this may even act as deterrent for her appointment as Chief Line Finish Judge in future. Read more
KERALA HIGH COURT
Kerala HC directs Union to immediately address violations of broadcasting advisories in telecasting Malayalam Bigg Boss Season 6
In a writ petition seeking direction of cessation against a Malayalam reality show Bigg Boss due to the violation of directives issued by Union Government and telecasting a physical assault on national television, the Division Bench of A. Muhamed Mustaque* and M.A. Abdul Hakhim , JJ. directed Union Government to address the violation immediately, and if necessary to desist from broadcasting of such show in the electronic media. And also directed the petitioner to serve the copy of captured video of violation to Ministry also. Read more
Kerala HC directs State to formulate guidelines in tune with Kerala Education Rules about the importance of playground in schools
In a writ petition filed by the President of the Parent Teachers Association and the Managing Committee Member of the Government Welfare Lower Primary School(‘Petitioners’) against Government Welfare Lower Primary School, (‘Respondents’), P. V. Kunhikrishnan, J., said that right to education is a fundamental right of the children and that includes play and other extracurricular activities. The Court further issued directions to the State to formulate guidelines in tune with Chapter IV Rule 3(2) of Kerala Education Rules (‘KER’) about the extent of playground necessary in each category of schools mentioned in Chapter IV Rule 1 and also the facilities required in school playground. Read more
MADHYA PRADESH HIGH COURT
Madhya Pradesh High Court affirms decision to close ‘Scrap Sleepers Lifting’ contract and forfeiture of deposited money
In a petition challenging the order of closure of contract awarded to the petitioner for lifting scrap sleepers and forfeited the money deposited by the petitioner towards the cost of the scrap lot, a single-judge bench comprising of G.S. Ahluwalia, J., upheld the respondent’s decision, emphasising on the petitioner’s awareness of the auction terms and the limitations of judicial review in contractual matters. The Court held that the petitioner has participated in the bid with clear facts in its knowledge that then the petitioner cannot make a grievance that it has been asked to do an impossible act by not providing the railway trolley to the petitioner. Read more
Madhya Pradesh High Court orders release of sealed EVMs for use in the Lok Sabha elections 2024
In an election petition filed by the BJP candidate, Sardar Singh Meda, challenging the Congress MLA and Leader of Opposition, Umang Singhar’s election, a single-judge bench comprising of Vijay Kumar Shukla, J., issued a notice to the respondent and other relevant parties to respond to the allegations raised by the petitioner. Read more
Lying about educational qualification for marriage does not amount to offence under Section 420 IPC: MP High Court
In a petition filed under Article 226 of the Constitution of India, alleging that marriage was performed by giving false information about educational qualification and hence, it was a fraudulent marriage, a single-judge bench comprising of G.S. Ahluwalia, J., dismissed the petition due to the lack of merit in the allegations of fraudulent marriage and the serious nature of the defamatory statements made against the Police Department and the mother-in-law of petitioner 3 and ordered the petitioners to pay costs of Rs. 25,000 within one month, failure to do so would result in contempt of court proceedings. Read more
Not providing food to married woman over dowry demands constitutes physical & mental harassment: Madhya Pradesh High Court
In an application under Section 482 of the Criminal Procedure Code, 1973 (CrPC) for quashing of FIR for alleged dowry harassment, specifically denial of food and mental harassment, a single-judge bench comprising of G.S. Ahluwalia, J., held that that the allegations in the FIR, including withholding food and demanding dowry, constitute specific acts of harassment that warrant further investigation. The Court dismissed the application for quashing the FIR, emphasising the seriousness of the allegations and the need for a thorough investigation into the matter. Read more
Maintenance cannot be denied solely because wife is leading modern lifestyle: Madhya Pradesh High Court
In an application challenging the maintenance order by the applicant, Husband, a single-judge bench comprising of G.S. Ahluwalia, J., dismissed the application, affirmed the maintenance award to wife-respondent 1 and acknowledged the respondents’ right to seek an enhancement of the maintenance amount through the appropriate legal channels. Read more
MADRAS HIGH COURT
Madras HC asks for number of cases registered in elections for distribution of money to voters
In a petition filed by the petitioners, who are facing a charge under Section 171(E) of the Penal Code, 1860 (‘IPC’), for allegedly bribing the voters during the election conducted in the year 2011, praying to quash the proceedings pending against them on the ground that the final reports are filed beyond the period of limitation, B. Pugalendhi, J. directed the Government Advocate to get instructions as to the (i) number of cases registered in the previous Parliamentary Election, 2019 and State Assembly Election, 2021 for the distribution of money / bribery to the voters; (ii) the stage of those cases; and (iii) details of the cases, if any, ended in conviction. Read more
Inside Madras HC verdict declaring CBDT Circular giving differential treatment to new trust having provisional approval u/s. 80G as unconstitutional
In a writ petition filed seeking issuance of writ of declaration to declare Clause 5(ii) of the Circular1 by Central Board of Direct Taxes (‘CBDT’), not extending time to file application for regular registration of new provisionally registered trusts under Section 80-G of the Income Tax, 1961 Act, as violative of the Constitution of India, the Division Bench of Sanjay V. Gangapurwala, C.J., and D.Bharatha Chakravarthy.J.*, has held that the clause 5(ii) of Circular No.6 of 2023 of CBDT is illegitimate, arbitrary, and ultra vires the Constitution of India. Further, the Court directed CBDT and Commissioner of Income Tax to consider the applications submitted by the petitioners as to the recognition/approval in respect of clause (i) of the first proviso to sub-section (5) of section 80G of the Act within time, and consider the same and pass orders thereon on merits, in accordance with law within six months from the date of receipt of a copy of this order. Read more
‘Hindrance to traffic, free movement of people not a ground to reject permission for conducting political rallies’; Madras HC allows BJP President JP Nadda to conduct rally from alternative route
In a writ petition filed by District Secretary regarding quashing of order passed by Assistant Election Officer and directing the Election officer and police to grant permission for rally along with adequate police protection, K. Murli Shankar, J., while setting aside the impugned order dated 05-04-2024, has directed the Election officer and police to grant the permission for rally from an alternative route along with adequate police protection for rally, with a condition that the District Secretary will conduct a peaceful rally without using of flex boards. Read more
ORISSA HIGH COURT
‘Duty of prosecution to examine Magistrate who conducted TI parade’; Orissa HC acquits dacoity convicts after severe lapses
In set of three criminal appeals against the Trial Court’s decision convicting the appellants for offence under Section 395 of the Penal Code, 1860 (‘IPC’), SK Sahoo, J. allowed the appeals and set aside the impugned decision and order of conviction. The Court reflected on the importance of the Test Identification Parade and laid that it is the duty of the Public Prosecutor to examine the Magistrate who conducts the TI parade so that the legal sanctity of its report can be ascertained during the trial. Read more
PUNJAB AND HARYANA HIGH COURT
Courts will do well in not ordering concurrent running of sentences for serial offenders accused of heinous crimes: Punjab and Haryana High Court
In a petition filed under Section 482 of the Criminal Procedure Code, 1973 (‘CrPC’) read with Section 427(1) of CrPC, Jasjit Singh Bedi, J., opined that in the present case, petitioner sought the concurrent running of sentences as per Section 427(1) of CrPC. However, there was absolutely no justifiable reason for the present Court to exercise its discretionary power under Section 427(1) of CrPC as the offences in each case were completely different and did not arise out of the same transaction and were also heinous offences. If in every case, the Court ought to exercise its powers under Section 427(1) of CrPC, then there would be multiple convictions for varying periods of time by different Courts for different offences. Further, Courts would be obligated to order concurrent running of sentences which would defeat the very purpose of imposition of a sentence which must be not only deterrent in nature but also befitting the crime. Read more
Protestors hiding behind a shield of religious legitimacy by placing Guru Granth Sahib is no reason for State to not act against them: Punjab and Haryana High Court
The Division Bench of G.S. Sandhawalia, ACJ and Lapita Banerji, J., opined that only on account of the fact that some of the protestors had been hiding behind a shield of religious legitimacy by placing the Guru Granth Sahib, would not be a reason for the State to not act against the persons concerned, who were misusing the religious sentiments. The Court further opined that it was apparent from the photographs which had been placed on record that there was no large gathering. Although it was well known that all the agitators from the rural background were busy in harvesting and it was most opportune time to remove the blockage of the road, the State of Punjab and the Union Territory, Chandigarh, were dragging their feet for the reasons best known to them. Thus, the Court deferred the proceedings for 18-04-2024 hoping that the State of Punjab and the Union Territory, Chandigarh, would wake up from their slumber. Read more
RAJASTHAN HIGH COURT
Rajasthan High Court calls for sensitization of Police and Judicial Officers to ensure protection of sexual offense victims’ identity
In an application for suspension of sentence for offenses under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), a single-judge bench comprising of Anoop Kumar Dhand, J., allowed the appellant’s application for suspension of sentence. The Court highlighted procedural irregularities in protecting the victim’s identity and called for sensitization programs for Police and Judicial Officers to ensure compliance with legal provisions safeguarding victims’ identities. Read more
SIKKIM HIGH COURT
[S. 115 CPC] | ‘The Pensions Act, 1871 not enforced in Sikkim’; Sikkim High Court holds that claims to be made under State Pension Rules
In a civil revisional petition filed by the revisionist seeking to assail an order of the Trial Court that rejected the petitioner’s application against a compromise deed derived through mediation between her and the respondent 2, both of whom claimed to be the wife of the deceased pensioner, the Single Bench comprising of Bhaskar Raj Pradhan, J.*, upheld the Trial Court’s order and held that the revisionist was bound by the compromise deed. The Court also held that the Pensions Act, 1871, having not been brought into force in Sikkim as required under Article 371-F (n) of the Constitution, is not applicable in the State of Sikkim, therefore, the legislation did not apply to the case. Read more
TELANGANA HIGH COURT
Handling of Cargo in Customs Areas Regulations, 2009 is ultra vires the Customs Act, 1962: Telangana High Court
In an appeal filed against the order dated 11-6-2012 passed by a Single Judge, wherein it was held that Regulation 5(2) of the Handling of Cargo in Customs Areas Regulations, 2009 (‘the 2009 Regulations’) had no legal substratum to survive and held that consequential levy made on Respondent 1, GMR Hyderabad International Airport Ltd. towards cost recovery charges was wholly unsustainable, the Division Bench of Alok Aradhe, CJ.*, and Anil Kumar Jukanti, J., opined that in the absence of any special authorization to levy cost recovery charges under Sections 141 and 157 of the Customs Act, 1962 (‘the Act’), appellants had no authority to impose cost recovery charges by means of a Regulation. Thus, the Court dismissed the appeal and agreed with the Single Judge’s conclusion that the 2009 Regulations were ultra vires the Act. Read more
‘Take steps to inculcate discipline in Advocates’; Telangana HC directs State Bar Council after advocate uses high-pitched, intimidating voice
The present writ petition was filed seeking to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of Respondent 2 in issuing the unnumbered notice dated 30-3-2024 (‘impugned notice’) as illegal, arbitrary and in violation of principles of natural justice and in violation of Articles 14, 16, 19, and 21 of Constitution and set aside the same. T. Vinod Kumar, J., held that the action of Respondent 3 in issuing the impugned notice dated 30-3-2024 did not suffer from any infirmity. The Court opined that petitioner was in the habit of taking liberties in approaching the Court by filing writ petitions without any basis, not disclosing all the relevant facts, making uncorroborated allegations, and resorting to suppression, wasting judicial time. Thus, the Court dismissed the writ petition with exemplary cost of Rs 1 lakh to be paid to the Telangana High Court Legal Services Committee. Read more
Telangana HC directs fresh exam, both in English and Telegu languages to recruit teachers for Residential Educational Institutions Societies
The present writ petition was filed seeking to declare the action of Respondent 1, Telangana Residential Educational Institutions Recruitment Board in not conducting examination dated 1-8-2023 in Telugu language for the post of Art Teacher in Residential Educational Institutions Societies, as illegal and arbitrary. Pulla Karthik, J., allowed the writ petition and directed respondents to conduct fresh written examination for the post of Art Teacher in two languages i.e., English and Telugu, as specified in Notification No. 6/2023, dated 5-4-2023, without any deviation. Read more
