ALLAHABAD HIGH COURT
Can a lengthy separation between parties be ground for irretrievable breakdown of marriage? Allahabad HC explains
In an appeal filed under Section 19 of the Family Courts Act, 1984, assailing the judgment and order passed by the Principal Judge, Family Court, Varanasi, rejecting divorce petition filed by the appellant under Section 13 of the Hindu Marriage Act, 1955, the Division Bench of Saumitra Dayal Singh and Donadi Ramesh, JJ., dismissed the appeal, while observing that a marriage cannot be held to have broken down irretrievably, solely owing to a lengthy separation between parties. Read more
Constitution only permits right to freedom of religion not right to convert others: Allahabad High Court
In a bail plea by an accused involved in a case under Sections 3 read with Section 5 (1) of Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021 (‘Act, 2021’), Rohit Ranjan Agarwal, J. finds that prima facie this is a case for unlawful religion conversion under the Act of 2021. Thus, the Court refused to grant bail to the accused. Further, the Court said that the Constitution only permits its citizens right to freedom of religion in respect to their professing, practising and propagating its religion. It does not allow or permit any citizen to convert any citizen from one religion to another religion. Read more
Primary objective of POCSO Act is to protect minors from sexual exploitation, but it is being misused in consensual relationships between teenagers: Allahabad HC
In a bail application filed by the accused for offences under Sections 363, 366, 376 of the Penal Code, 1860 (‘IPC’) and 5(j)(ii) read with Section 6 of Protection of Children from Sexual Offences Act (‘POCSO Act’), Krishan Pahal, J. has granted him bail subject to certain conditions, particularly on the assurance of accused that he is very much willing to take care of his wife (victim) and the infant. Read more
BOMBAY HIGH COURT
While imposing conditions for grant of bail, Trial Court has no power to direct any person to first apply for passport, obtain it, then surrender it: Bombay High Court
In the present case, an unusual condition was imposed upon petitioner while releasing him on bail by the Additional Sessions Judge (‘the Trial Court’) and when an application was moved for modification of such an order, a further unusual condition had been put, which was challenged in the present proceedings. Bharat Deshpande, J., opined that while imposing the conditions for the grant of bail, the Trial Court did not have power to direct any person to first apply for a passport, obtain it, and then surrender it. The direction to deposit the passport could only be given if petitioner or accused possessed it. Read more
Bombay HC quashes Panaji City Corp. memo seeking recovery of Children’s Educational Allowance from employee whose son suffers from cerebral palsy
In a writ petition filed under Article 226 of the Constitution filed by an employee of the Corporation of the City of Panaji (“respondent”) , the issuance of a writ of certiorari was sought to quash and set aside a memorandum issued by the respondent for the recovery of allowance sum paid to the petitioner under the aegis of Children’s Educational Allowance scheme (“Allowance”), provisioned to the Central Government employees through the Central Civil Services (Educational Assistance) Orders, 2006 (“Orders”). The Division Bench of M.S. Karnik and Valmiki Menezes*, JJ., noted that the petitioner’s son was suffering from cerebral palsy, and found that the restrictions for availing the Allowance scheme were not applicable to the petitioner’s case. Read more
Bombay HC grants bail to man arrested for fraud for having suffered incarceration beyond the maximum sentence period
In the instant case, the applicant was arrested for offences under Sections 420 [Corresponding Section 318, Nyaya Sanhita (“BNS”)] and 120-B [Corresponding Section 61(2), BNS] of the Penal Code, 1860 (“IPC”), Sections 3 and 4 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978, and Section 3 of the Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999 (“MPID”) on 29-05-2015. Subsequently, he was granted bail but re-arrested in 2017 till date for another offence. The applicant submitted that cumulating his previous incarceration and the one since 2017, it exceeded the maximum sentence period of seven years imposable for the offences charged against him. The single-Judge Bench of Manish Pitale, J.*, referred to a Supreme Court decision that explained the meaning of custody; and rejected the respondent’s contention that the applicant’s incarceration period had not exceeded the maximum sentence, since the applicant was not in formal custody for some time. The Court held that the applicant deserved to be granted bail for having suffered incarceration beyond the maximum sentence period. Read more
Recall of witness for production of original documents will not amount to filling up lacuna in evidence discovered on cross-examination: Bombay High Court
Petitioners challenged the order dated 11-03-2020 passed by the Small Causes Court rejecting the application filed for recall of a witness for leading of primary evidence. Sandeep V. Marne, J., opined that recall of the witness for production of original documents would not amount to filling up a lacuna in evidence discovered on cross-examination. The Court thus disposed of the petition and set aside the impugned orders. Read more
Bombay HC sets aside Industrial Court’s order staying transfer of Indian Express employee due to lack of mala fides
In a writ petition filed by the Indian Express (petitioner), against the order of the Industrial Court, Thane (“Industrial Court”), that stayed the transfer of the respondent, the single-Judge Bench of Sandeep V. Marne, J.*, held that the transfer order was not found tainted with mala fides, or personal bias, or in contravention with law. Therefore, the Court set aside the order of the Industrial Court as the respondent’s pleadings did not specify allegations of personal bias or vengeance pleaded in the complaint and the pleadings relating to mala fides were absent. Read more
Bombay HC permits student to reappear for HSC exam, who missed it while undergoing treatment for Internet Gaming Disorder
The instant petition was filed by a student who had appeared for the Higher Secondary Certificate Examination (“exam”) in 2023 while suffering from depression and anxiety, due to which, he could not secure a great score and aimed to improve the same. While undergoing treatment for his mental health issues at Bhabha Atomic Research Centre Hospital, the student was diagnosed with Internet Gaming Disorder. Read more
Bombay HC grants anticipatory bail to accused booked under POCSO for allegedly making a child record sexual acts between him and the child’s mother
In a peculiar case under Protection of Children from Sexual Offences Act, 2012 (“POCSO”), where a man accused under Sections 11(i), (v), (vi) and 12, , was granted interim bail by the single-Judge Bench of Manish Pitale J.*, who considered his previous bail for offences charged against him by the instant co-accused mother (“co-accused”) under Sections 376(2)(n), 307, 509, 323 and 506 of the Penal Code, 1860 (“IPC”) in a separate case. The accused was booked under POCSO along with the mother (co-accused) of the child for allegedly making the child record the sexual activities between him and the child’s mother. Read more
CALCUTTA HIGH COURT
‘If male passengers travel in compartments reserved exclusively for female passengers, they will be prosecuted’: Calcutta High Court
In a writ petition filed by a practicing advocate to highlight the issue of unauthorized male passengers boarding and travelling in the compartments reserved exclusively for female passengers, a Division Bench of T.S. Sivagnanam, CJ., and Hiranmay Bhattacharyya, J. directed to make announcements in the public address system in all railway stations that if male passengers travel in compartments reserved exclusively for female passengers, they would be prosecuted. Read more
Calcutta High Court directs Enhancement of Forensic Capabilities due to BNSS Enforcement, recognizing NIBMG as Government Forensic Laboratory
The petition was taken up by the Court on its own motion due to the increasing pressure on existing forensic laboratories to handle the growing volume of DNA and forensic analyses required by the imminent enforcement of the Bharatiya Nagarik Suraksha Sanhita (BNSS) from 01-07-2024, which mandates forensic examination in serious criminal cases, highlighting the need to enhance forensic capabilities and resources by recognizing the National Institute of Bio Medical Generics (NIBMG) and its scientists as ‘Government Scientific Experts’ under the Code of Criminal Procedure. A division bench of Joymalya Bagchi and Gaurang Kanth, JJ., directed Union of India to take necessary steps in notifying National Institute of Bio Medical Generics (NIBMG) as a Central Forensic Science Laboratory (CFSL) and the Government scientists attached to it as ‘Government Scientific Experts’ under Section 293(4) of the Code of Criminal Procedure (Section 329(4) BNSS) to undertake DNA and other forensic examinations of samples for effective implementation of the legislative intent of the new procedural law with regard to use of forensic tools in investigation. Read more
DELHI HIGH COURT
‘Best interest of the child has to be determined by considering all relevant circumstances’; Delhi High Court denies interim custody of child to father
In an appeal filed by the appellant (father) to seek a direction for setting aside the impugned order dated 09-11-2023 passed by the Family Court, Dwarka, New Delhi as well as the interim custody of his child, a Division Bench of Rajiv Shakdher and Amit Bansal *, JJ. did not find any ground to interfere with the impugned order and refused to grant interim custody of the child to the father. Read more
Delhi High Court upholds Blocking of UK based ‘Briar App’ in Jammu and Kashmir due to Terrorist Activities
A petition was filed by the petitioner seeking a direction to the respondent to produce and publish the order passed by the respondent under Section 69-A of Information Technology Act, 2000 (IT Act) blocking the open-source messaging application of the petitioner called “Briar”. Subramonium Prasad, J., dismissed the petition as the blocking orders have been passed for 14 applications/softwares, including the software/application of the petitioner, as it was being used by the terrorists and their supporters to disturb the security and sovereignty of the country. However, the application of the petitioner has been blocked only in the State of Jammu and Kashmir and the same can be used in all other parts of the country. Read more
[Central Government Health Scheme] Delhi HC directs Union to release reimbursement of employee’s medical bills who passed away after being diagnosed with COVID
In the present petition filed under Article 226 and 227 of the Constitution, challenging the impugned order dated 05-07-2023 by the Principal Bench, Central Administrative Tribunal (‘the Tribunal’), and seeking directions to the respondents to reimburse the balance amount against medical bills, the Division Judge Bench of Suresh Kumar Kait and Girish Kathapalia*, JJ., while setting aside the impugned order dated 05-07-2023, directed that the respondents to reimburse to the petitioner the entire remaining amount of Rs. 4,80,879.15 paise with interest thereon at the rate of 4.5% per annum for the period from the due date till payment of the same within a period of four weeks from the date of this order. Read more
Delhi Floods are caused by encroachment of drains and riverbeds, restricting water flow in Yamuna; Delhi High Court upholds DDA’s Jhuggi Demolition
In the present petition challenging the order dated 02-07-2024 passed by the Single Judge, whereby Delhi Development Authority (‘DDA’) (respondent 1) was granted liberty to carry out further demolition as well as seeking issuance of directions to the DDA to conduct a survey of the residents of Yamuna Khadar Slum Union and identify each and every resident residing there so that they can be allotted alternative accommodation under the rehabilitation policy. A Division Bench of Manmohan, ACJ.* and Tushar Rao Gedela, J., dismissed the appeal and upheld the lower Court’s decision, emphasizing public interest and environmental concerns over the unauthorized occupation of floodplain areas critical for ecological stability and flood control in Delhi. Read more
Delhi HC directs formation of Joint Committee for inspection of nursing homes of Delhi Medical Association to report non-compliance with fire safety norms
In a petition filed by the Delhi Medical Association to raise a challenge to the communication dated 02-08-2019, issued by the Directorate General of Health Services, Government (NCT of Delhi) (respondent 2) to request the Delhi Fire Service (respondent 3) to undertake an audit of fire safety measures employed by all private hospitals and nursing homes in Delhi, a Single Judge Bench of Sanjeev Narula, J. ordered an inspection of the nursing homes forming part of the Delhi Medical Association to assess the prevailing provisions for fire safety. Read more
Delhi HC dismisses plea to refer thirty-year-old man’s case to medical board for consideration of passive euthanasia
In the present petition filed to constitute a Medical Board to examine the health condition of the petitioner for administration of passive euthanasia, Subramoinum Prasad, J., held that as the petitioner was living and no one, including a physician was permitted to cause death of another person by administering any lethal drug, even if the objective was to relieve the patient from pain and suffering, the Court was not inclined to accept the request of the petitioner to refer the petitioner to a Medical Board to consider as to whether the petitioner can be allowed to undergo passive euthanasia. Read more
Delhi High Court dismisses PIL against Dalai Lama for alleged molestation of minor child
In a Public Interest Litigation (‘PIL’) filed to seek issuance of directions to respondents 1, 2, and 3 to take suo moto cognizance of the alleged molestation under Sections 11 and 12 of the Protection of Children from Sexual Offences Act, 2012 (‘POCSO Act’) committed by Dalai Lama (respondent 4), a Division Bench of Manmohan, ACJ. and Tushar Rao Gedela, J. dismissed the PIL and held that the present matter should not be entertained as public interest litigation. Read more
‘S. 21 notice not required if claim is filed in form of counterclaim for which reference has been made by Court’; Delhi HC dismisses Arbitration Applications
In a batch of two appeals filed under Section 37(2) of the Arbitration and Conciliation Act, 1996 (‘Act’) and a petition under Section 14 of the Act arising out of orders dated 23-05-2023 and 17-10-2023 passed by the Sole Arbitrator appointed by the Court vide order dated 22-07-2022, a Single Judge Bench of Pratibha M. Singh, J. held that there was no legal incapacity in the Sole Arbitrator to deal with the claims and counterclaims and his mandate did not deserve to be terminated. Read more
Delhi HC sets aside impugned order allowing documents taken on record after 14 months of initiation of suit
In the present petition challenging the impugned order dated 31-01-2024, allowing the respondent to place certain documents on record which was unpaid invoices, proof of deliveries and a letter dated 24-08-2019, Shalinder Kaur*, J., held that impugned order was entirely against the compliance of provision under Order XI Rule 1(5) of Code of Civil Procedure, 1908 (‘CPC’) and spirit of the Commercial Courts Act, 2015 (‘the 2015 Act’) which was accordingly set aside and the documents brought on record vide application of the respondent under Order XI Rule 1(5) of CPC were directed to be taken off the record. Read more
‘Malicious intent behind allegations’: Delhi HC dismisses petition challenging TATA SIA and Air India merger alleging cartelization and bid rigging
In a writ petition filed by petitioner challenging an order passed by the Competition Commission of India (‘CCI’), the respondent, dismissing the petitioner’s application before it due to lack of substantive evidence, challenging the merger between TATA SIA Airlines Limited and Air India Limited alleging cartelization and bid rigging, Sanjeev Narula, J., dismissed the petition and held that the petition was filed based on unfounded allegations and malicious intent. Read more
[Doctrine of Legitimate Expectation] Delhi High Court directs Rs. 30 Lakhs Additional Insurance for deceased Pawan Hans Pilots employed in Naxal-Infested Areas
A petition was filed by the petitioners who are wives of deceased pilots employed by Pawan Hans Helicopters Ltd. for an operation of respondent 2 in Naxal Infested Areas, seeking a direction against the respondent 1 and 3 to make the payment of the additional insurance coverage amount of Rs.30 lakhs each, to both the petitioners, along with interest accrued thereon at an appropriate rate and other corresponding directions. Navin Chawla, J., directed respondent 1 to pay an amount of Rs.30 lakhs to each of the petitioners over and above the amount which has already been paid along with interest at the rate of 6% per annum from the date of the death of the husbands of the petitioners till the date of payment. Read more
‘Women are not compelled to carry pregnancies leading to birth of child with severe abnormalities’; Delhi HC allows medical termination of pregnancy beyond 24 weeks
In a petition by a 31-year-old married woman, residing with her husband and 9-year-old son, who had approached the Court for medical termination of ongoing pregnancy under Section 3(2B) and 3(3) of the Medical Termination of Pregnancy Act, 1971 (‘MTP Act’), a Single Judge Bench of Sanjeev Narula, J. accepted the recommendation of the AIIMS Medical Board and allowed the petitioner to undergo medical termination of pregnancy beyond 24 weeks, at a medical facility of her choice. Read more
Delhi HC grants bail to 21-year-old alleged Manjit Mahal Gang member, after 8 years of custody for doctor’s murder
In a petition under Section 439 of the Code of Criminal Procedure, 1973 (‘CrPC’) filed by the petitioner, alleged member of the Manjit Mahal Gang, seeking regular bail for offences under sections 302, 307 and 34 of the Penal Code, 1860 (‘IPC’) and Sections 27, 54 and 59 of the Arms Act, 1959 (‘Arms Act’), Anup Jairam Bhambhani, J., granted the petitioner bail, noting that he had been in custody for 8 years and that interim bail had also been granted to him by the Chief Metropolitan Magistrate, Dwarka District Court, New Delhi (‘The Chief Metropolitan Magistrate’) conditions whereof had not been violated by him. Read more
Delhi High Court directs removal of social media posts alleging dead centipede in ‘Amul’ vanilla ice-cream tub
In an application filed by the Gujarat Cooperative Milk Marketing Federation Ltd. (‘GCMMF’) seeking forensic examination of the Amul vanilla ice cream tub shown by defendants 1 and 2 in their social media posts, a Single Judge Bench of Manmeet Pritam Singh Arora, J. passed an ad interim ex parte order and directed the defendants 1 and 2 to remove the social media posts uploaded by them within three days. Read more
‘Order u/S 482 CrPC can be passed to prevent abuse of process’: Delhi HC imposes Rs. 50,000 cost on complainant pursuing case even after acceptance of settlement money
In a petition under Section 482 of the Code of Criminal Procedure, 1973 (‘CrPC’) filed by the petitioner for assailing the order of the Trial Court that directed trial to commence despite parties having settled in mediation, Amit Mahajan, J., allowed the petition, while observing that in view of the settlement between parties allowing proceedings to continue would be an abuse of the process of law, and held that the Court under Section 482 of the CrPC could exercise its right to curtail such abuse of the Court. Read more
Delhi High Court directs Emami Ltd. to deposit Rs. 10 Lakhs for infringing Saregama India’s copyright on song ‘Udi Jab Jab Zulfein’
In an application filed by Saregama India Ltd. (‘Saregama’) against Emami Ltd. (‘Emami’) under Order 39 Rules 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908 (‘CPC’) for the grant of interim injunction, a Single Judge Bench of Mini Pushkarna, J. directed Emami to deposit Rs. 10 Lakhs with the Registry of the Court within two weeks and stated that this was only an interim arrangement and that the Court would consider upon further hearing whether the amount to be deposited should be varied. Read more
[Paris Olympic, 2024] Delhi HC upholds alleged arbitrary selection criteria for Dressage issued by Equestrian Federation of India
In the present petition filed by Shruti Vora, a distinguished Indian Dressage athlete with a commendable record at international competitions including the Asian Games and Dressage World Championships challenging the Selection Criteria Notice 2024 issued by the Equestrian Federation of India (‘EFI’) (respondent 1),for representing India in the Dressage event at the upcoming Paris Olympic Games after not being selected, arguing against the retroactive application and fairness of the selection process being arbitrary, discriminatory, and prejudicial and in violation of Articles 14, 19 and 21. Sanjeev Narula*, J., upheld the current selection criteria, stating that the impugned Selection Criteria, do not reach the threshold of judicial intervention in terms of irrationality, arbitrariness, or perversity. Read more
JHARKHAND HIGH COURT
Jharkhand HC refers contempt case against Advocate General and Additional Advocate General to larger bench for clarification in procedure to be adopted in contempt proceedings
In a case concerning contempt proceedings under the Director General of Police, Government of Jharkhand (‘DGP’) and the Superintendent of Police, Hazaribag (‘SP’), Sanjay Kumar Dwivedi, J., stated that earlier the Court had initiated the suo motu contempt in Court on its own motion v. Rajiv Ranjan, 2024 SCC OnLine Jhar 1224, (‘Rajiv Ranjan case’) and the procedure followed by this Court in that case was not accepted by the Division Bench and to avoid proceeding in haste, clarification on the procedure was necessary before proceeding in the present matter. Read more
Jharkhand HC sets aside orders reducing pay scale of an employee for requirement of Diploma in Engineering
In a petition filed to quash the orders issued by the respondent authorities, whereby the petitioner’s pay scale was reduced, Sanjay Prasad, J., stated that there was no misrepresentation or suppression on the petitioner’s part to get the said pay scale and it was only due to lapses on the part of the authorities of the State Government this situation arose. The Court noted that the petitioner agreed to pay due amount of Rs. 6,28,557 in instalments on 30-12-2016 itself, i.e. just ten months before his retirement on 31-10-2019. However, this undertaking given on behalf of the petitioner was completely under coercion and threat. The Court stated that recovery of excess amount from the employee was not permissible, if there was no misrepresentation or suppression by the petitioner. Read more
KERALA HIGH COURT
What does the term ‘competence’ under Section 24 of CPC refer to? Kerala HC explains
In an appeal filed by the husband assailing the order of a Single Judge allowing the wife’s transfer petition under Section 24 of the Civil Procedure Code, 1908 (‘CPC’) in relation to divorce proceedings under the Divorce Act, 1869 (‘Divorce Act’), the Division Bench of Anil K. Narendran and Harisankar V. Menon*, JJ., while dismissing the appeal, held that, under Section 24 of the CPC, the term ‘competence’ was with reference to the status of the Court before which the suit or appeal was being transferred to, and not with reference to the territorial jurisdiction of the said Court. Read more
Kerala High Court allows transwoman to live apart from hostile family members who forced her to undergo treatment for changing gender identity
In a writ for setting a transwoman at liberty from the illegal detention by her family, the Division Bench of Raja Vijayaraghavan V* and P.M. Manoj, JJ., allowed the writ petition while holding that the choice and desire expressed by X needed to be respected and that she should be permitted to live her life on her own terms. Read more
MADHYA PRADESH HIGH COURT
Land Acquisition| Rightful Compensation claim requires proper adjudication under Section 64 of Right to Fair Compensation Act: MP High Court
In a writ petition filed under Article 226 of the Constitution of India seeking multiple reliefs, including the issuance of a writ of mandamus to direct the respondents to pay compensation for the acquisition of petitioners’ house/land, which was paid to wrong person, a single-judge bench of G.S. Ahluwalia, J., dismissed the petition. The Court however, granted the petitioners liberty to pursue an efficacious remedy under Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act, 2013. which provides a mechanism for individuals who believe compensation was wrongly awarded to seek a reference. Read more
MP High Court quashes Rape case lodged by Honey trap racket operator
In a petition filed under Section 482 of the Criminal Procedure Code, 1973 (CrPC) seeking quashment of FIR registered for the offence punishable under Sections 376 and 120-B of the Penal Code, 1860 (IPC), a single-judge bench of Sanjay Dwivedi, J., quashed the FIR against the petitioner based on delay in lodging the FIR, combined with the complainant’s history of similar allegations and the petitioner’s credible defense. The Court held that the prosecution against the petitioner appears to be malicious, instituted with ulterior motives, and constitutes an abuse of the legal process. Read more
Failed Long-term relationships not ground for filing Rape FIRs: Madhya Pradesh High Court
In a petition seeking quashment of FIR and the final report alleging indulgence in physical relations under the false promise of marriage, a single-judge bench of Sanjay Dwivedi, J., quashed the FIR and the final report against the petitioner, noting that the allegations did not fulfill the criteria for the offenses charged under Sections 376, 376(2)(n), 506, and 366 IPC. Read more
MP High Court stays Som Distilleries’ licence suspension in Child Labour case
In a writ petition under Article 226 of the Constitution of India challenging the order suspending the petitioner’s license based on inspection by the National Child Protection Commission disclosing employment of 59 minor children, a single-judge bench of Sanjay Dwivedi, J., stayed the operation of impugned order, as the same is found to be without jurisdiction and violates principles of natural justice. The Court further stated that condition No. XI (2) of the General Licence Conditions which is applicable to “shops” does not extend to distilleries, thus rendering the impugned order without jurisdiction. Read more
MADRAS HIGH COURT
Read why Madras HC dismissed Nityanandha Swami’s plea against substituting head of Madurai Aadheenam in 2012 suit
In a civil revision petition filed by a self-styled “godman” Sri Nithyanadha Swami under Article 227 of the Constitution of India, against the impugned order passed by the Principal Subordinate Court, wherein the Court permitted Sri Harihara to replace Sri Arunagirinatha Swamigal, the 292nd head of the Madurai Aadheenam, in a 2012 suit, R. Vijayakumar, J. has dismissed the revision petition, and said that the substitution of Sri Harihara in the place of Sri Arunagirinatha Swamigal is only for the limited purpose of prosecuting the suit and the same would not confer any additional advantage to the Sri Harihara in the suit proceedings. Read more
‘Present Liquor Rules appears to protect TASMAC shops and Bars’; Madras HC requests State Government to re-visit their liquor policy for the welfare of people
In a writ petition filed to forbear the respondents from opening / establishing the recreation club of the respondent 5 and its bar, the Division Bench of R. Suresh Kumar* and G. Arul Murugan, JJ. has requested the State Government to re-visit their liquor policy for the welfare of the people in Tamil Nadu, especially the younger generation. Read more
Madras High Court allows burial of BSP Chief K. Armstrong in Pothur Village
In a writ petition filed by the wife of K. Armstrong who is a State President of Bahujan Samaj Party, for directing the Zonal Officer to permit her to bury the body of her husband K. Armstrong to raise tomb or samathi on the said buildings to do last rights of the departed leader by his followers, V. Bhavani Subbaroyan, J. has permitted the burial to be held at a private property in Pothur Village in Thiruvallur district in Tamil Nadu, and has passed the following directions. Read more
MEGHALAYA HIGH COURT
[Reinstating employee of unsound mind] Meghalaya HC dismisses Assam rifleman’s reinstatement plea who shot co-employee
In an intra-Court appeal against a decision of the Single Judge, wherein the appellant’s petition seeking reinstatement of service was dismissed, the Division Bench of S. Vaidyanathan, CJ. and W. Diengdoh, J. dismissed the appeal and upheld the impugned decision. Read more
ORISSA HIGH COURT
Orissa HC sets aside wife’s conviction u/s 302 for setting husband ablaze with kerosene for lack of clinching evidence
In an appeal under Section 374 of the Code of Criminal Procedure, 1973 (‘CrPC’) against Trial Court’s decision finding the convict- wife guilty of offence punishable under Section 302 of Penal Code, 1860 (‘IPC’) for husband’s (‘deceased-husband’) murder, the Division Bench of SK Sahoo* and Chittaranjan Dash, JJ. allowed the appeal and set aside the impugned decision for lack of clinching evidence and non-formation of complete chain of evidence. Read more
PUNJAB & HARYANA HIGH COURT
Sending first time offenders of less serious offence to jail might attract them towards a life of crime instead of reforming: Punjab and Haryana HC upholds probation
In a revision petition filed by the complainant challenging the judgment dated 02-05-2022, passed by the Court of Additional Sessions Judge, Panipat (‘the Appellate Court’), Manish Batra, J., stated that the object underlying the provisions of Sections 4 and 6 of the Probation of Offenders Act, 1958 (‘the Probation Act’) and Sections 360 and 361 of Criminal Procedure Code, 1973 (‘CrPC’) was that the first offenders should not be sent to jail for the commission of less serious offences, on account of grave risk to their life, as they were likely to be exposed with the hardened and habitual criminal inmates of the jail. Thus, considering the agony and trauma, which the accused persons underwent, the Court stated that no useful purpose would be served by sending them again into jail to serve out the remaining period of sentence. Accordingly, the Court stated that the impugned judgment was well reasoned one and based on settled proposition of law and found no infirmity or illegality. Read more
Punjab and Haryana HC directs Haryana Govt. to refix pension and pensionary benefits of an employee who was reverted after his retirement
In a petition filed under Article 226/227 of the Constitution for quashing the impugned letter dated 10-04-2013 and recovery letter dated 06-12-2023, whereby the pension of the petitioner’s husband was reduced by the respondents, Jasgurpreet Singh Puri, J., stated that in the present case, the petitioner’s husband was never reverted while he was in service and he retired as Lower Division Clerk. Thus, the Court stated that it was very strange and shocking to read the language of the letter, issued by the Chief Engineer wherein the petitioner was directed to pass the typing test after his retirement otherwise he would be reverted. The Court stated that the respondent’s action was absolutely arbitrary, shocking and ex facie illegal. The Court directed the respondents to refix the pension and all the pensionary benefits starting from the time when the petitioner’s husband retired and grant all the consequential benefits to the petitioner, who was his widow, regarding the benefits which her husband was entitled as Lower Division Clerk. Further, the petitioner being a widow was entitled for Rs. 2,00,000, which should be paid by the respondents to the petitioner, withing three months. Read more
RAJASTHAN HIGH COURT
Rajasthan High Court stays acquisition of land for new railway line in Rajsamand District
In a petition challenging the decision dated 09-04-2024, where the petitioners’ objection with regards to acquisition of their land was deciding without providing them a proper hearing, a single-judge bench of Rekha Borana, J., granted stay on further acquisition proceedings concerning the lands of the petitioners until the matter is resolved. Read more
‘No one is above law, no one can be’; Rajasthan High Court cancels former MLA’s Bail due to post-release conduct & threats to witnesses
In an application filed under Section 439(2) of the Criminal Procedure Code, 1973 (CrPC) seeking cancellation of bail of Former MLA Giriraj Singh Malinga, a single-judge bench of Farjand Ali,* J., cancelled the bail of Respondent 2 based on respondent’s post-bail conduct, including public glorification, threats to witnesses, and misuse of administrative processes, justifies the cancellation of bail. Read more
SIKKIM HIGH COURT
Sikkim HC upholds conviction of grandson on sole testimony of grandmother raped by him on multiple occasions
The instant appeal was filed by the appellant (“convict”) challenging his conviction and sentencing by the Sessions Court (Fast Track) under Sections 376(2)(f), 376(2)(n) and 506 of the Penal Code, 1860 (“IPC”) for having raped his 80-year-old maternal grandmother on multiple occasions; the Division Bench of Meenakshi Madan Rai*, and Bhaskar Raj Pradhan, JJ., perused the evidence and the findings of the Trial Court, upholding the judgment and order of the Trial Court, noted that Trial Court’s reliance on the sole testimony of the victim was confidence-inspiring. Read more
Or. 14 R. 2 of CPC does not confer jurisdiction on the Court to decide a mixed question of fact and law, unless the facts are clear from the plaint itself: Sikkim HC
The defendant (Defendant 1”) had made an application under Order XIV, Rule 2 (“Or.14, R.2”), read with Section 151 of the Code of Civil Procedure, 1908 (“CPC”), before the Senior Civil Judge, Gangtok (“Trial Court”), for deciding the maintainability of their suit as a preliminary issue in law, vis-a-vis the admissions of the plaintiff regarding their knowledge of illegal transfer of suit property in the name of Defendant 1. The Trial Court order had decided against Defendant 1, which they challenged before the instant Court. Read more
TRIPURA HIGH COURT
‘Entitled to lead a life with all dignity in an environment that will be congenial’; Tripura HC grants bail in NDPS case to a man tested HIV positive
Arindam Lodh, J., granted bail to a man, arrested on 15-04-2024 under Sections 20(b)(ii)(C), 21(c), 25, and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (‘NDPS Act’) after noting that the accused was tested HIV positive. Read more