ALLAHABAD HIGH COURT
Allahabad HC directs State to reconsider premature release of 79-year-old accused who was incarcerated for 25 years
In a writ filed by accused seeking to quash an order dated 15-05-2017 (‘impugned order’) passed by the State, dismissing his application for premature release after being incarcerated for 25 years, in line with the U.P. Prisoners Release on Probation Act, 1938 (‘UP Probation Act’), the Division Bench of Siddharth* and Syed Qamar Hasan Rizvi, JJ, allowed the petition and quashed the impugned order, while observing that the State had passed the impugned order without application of mind and against the intent of the UP Probation Act. Read more
Certificates issued by Arya Samaj and Registrar are not sole proof of a valid Hindu marriage without customary rites and ceremonies: Allahabad HC
In an appeal under Section 19(1) of the Family Courts Act, 1984 read with Section 28 of Hindu Marriage Act, 1955 challenging the judgment and order passed by the Family Court, wherein the Court found that, although, there is a difference of 20 years in the age of the appellant and respondent, but, the presence of the appellant at the Arya Samaj Mandir and the Registrar’s Office is proved and she had failed to prove that the marriage was solemnized by fraud or deceit by the respondent, the division bench of Rajan Roy and Om Prakash Shukla, JJ. while setting aside the impugned judgment, held that no marriage has taken place between the appellant and respondent as per law and the marriage as alleged by the respondent based on the certificate issued by the Arya Samaj Mandir and the Certificate of registration issued by the Registrar of marriages is a nullity, as, prerequisites of a valid marriage in the form of customary rites and ceremonies required for a Hindu marriage were never performed and the said certificates have no significance in the eyes of law and do not by themselves prove such marriage. Read more
ANDHRA PRADESH HIGH COURT
Andhra Pradesh HC grants custody of four-and-a-half-years old child to father; permits to take the child back to USA for all-round welfare
In a petition filed for declaration of the custody of the petitioner’s minor son, aged four and a half years with Respondents 3 and 4 as illegal and seeking direction to the respondents to produce his son before this Court and to give the custody of his son to the petitioner-father, the Division Bench of U. Durga Prasad Rao and Sumathi Jagadam, JJ., stated that in the present case, the child was born and brought up for considerable period in a foreign country and he adapted to the foreign conditions rather than acclimatizing to Indian conditions. Admittedly, he was suffering with health problems, so taking the welfare of the minor child i.e., his education, health and future, the Court stated that the minor boy’s welfare would be best served in the hands of his father. Read more
BOMBAY HIGH COURT
“Defect notice is itself defective”: Bombay HC directs Tax authorities to refund the excess tax collected from vehicle trader
The instant petition was brought before the Court by a vehicle-trading enterprise (“petitioner”), that sought refund of excess tax paid for the financial year (“FY”) 2011-2012, amounting to Rs. 10,69,89,606 with interest thereon, under the provisions of the Maharashtra Settlement of Arrears of Tax, Interest, Penalty or Late Fee Act, 2019 (“Settlement Scheme”). The Division Bench of K.R. Shriram and Jitendra Jain*, JJ., noted that the Tax authorities had collected tax in excess of the requisite amount, and therefore, opined that such retention was violative of the Constitution. The Court found that the defect notice that was issued to petitioner was also defective. Hence, the Tax authorities were directed by the Court to refund the excess amount of tax collected, to the petitioner’s bank account. Read more
Bombay HC refuses to permit AIR 10 candidate seeking participation in admission process at IISC, Bangalore, due to delayed application
In a petition before the Division Bench of A.S. Chandurkar and Rajesh S. Patil, JJ., the petitioner sought the grant of permission to participate in the admission process for the Bachelor of Science-Research (“B.Sc.-R”) programme starting in 2024, at the Indian Institute of Science, Bangalore (“IISC”). The candidates were required to submit their online applications by 14-05-2024, however, the petitioner submitted his application on 09-06-2024. The petitioner contended that he should be permitted to participate in the admission process based on the All-India Rank (“AIR”) 10 that he had secured in the IISER Aptitude Test 2024 (“entrance test”). The Court stated that the grant of such relief would be an injustice to the other applicants who were similarly situated as the petitioner and who could not submit their applications in time as well. Therefore, no relief was granted by the Court and the petition was dismissed. Read more
Bombay HC orders release of a man incarcerated beyond sentence period in default of payment of fines due to poverty
The petitioner (“convict”) was convicted in 14 criminal cases, invoking Sections 380, 428, 454, 457, 511 read with 34 of the Penal Code, 1860 (“IPC”), by the Judicial Magistrate First Class, Kolhapur (“Trial Court”), on 18-02-2019. The convict had admitted guilt before the Trial Court, based on which he was sentenced to undergo rigorous imprisonment for two years for each criminal case, that were directed to run concurrently. Further, a total fine was also imposed upon the convict, amount to Rs. 2,65,000. Given his financial condition, the convict was unable to pay the fines, and was therefore prospecting a further imprisonment of nine years. He invoked the inherent jurisdiction of the Court under Section 482 of the Code of Criminal Procedure, 1973 (“CrPC”), seeking the reduction of prospective sentence. Read more
[S. 4 Probation of Offenders Act] Bombay HC releases man convicted for running down woman with motorbike as a teenager, after 11 years
The instant revision application was filed against the judgment and conviction of the applicant, who was then a teenager, for rash and negligent driving and causing fatal accident of a woman 11 years ago. The single-Judge Bench of S.G. Mehare*, J., had to consider, “whether the benefit under Section 4 of the Probation of Offenders Act, 1958 could be extended to the applicant?”. Read more
Bombay HC denies protection of education to doctor who secured admission on false caste certificate; upholds Caste Certificate Scrutiny Committee’s order
The petition challenged the order passed by respondent 5- the Scheduled Tribe Caste Certificate Scrutiny Committee, Nagpur (“Committee”), that invalidated the petitioner’s claim of belonging to the ‘Halba’ Scheduled Tribe. The petitioner further prayed for the protection of her education, pursued as a scheduled tribe candidate, on an undertaking that she would not claim any benefit of belonging to a scheduled tribe. The Division Bench comprising of Nitin W. Sambre* and Abhay J. Mantri, JJ., found that since the very inception, the petitioner case was very doubtful, and due to her forfeiture to the reservation claim, the Court held that the order of the Committee did not require any interference, and that the petitioner’s education could not be protected. Read more
[Preventive Detention] | Bombay HC sets aside detention order due to unexplained delay by Detaining Authority to decide on detenu’s representation
The instant petition was filed by the detenu detained to prevent him from acting in any manner prejudicial to the maintenance of public order. The Detaining Authority exercised the power conferred upon it under Section 3(1) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers Drug-Offenders and Dangerous Persons Act, 1981 (“1981 Act”), and directed detention for a year at the Yerwada Central Prison, Pune. The grounds for detention were also communicated to the detenu on 28-12-2023. Read more
Bombay HC releases murder convict on parole to arrange for son’s intended departure to Australia for higher education
The Division Bench of Bharati Dangre and Manjusha Deshpande, JJ., were faced with an unusual request for release on parole by a prisoner (“convict”), convicted under the provisions of the Penal Code, 1860 (“IPC”)-Sections 302 [Corresponding Section 101 of the Bharatiya Nyaya Sanhita (“BNS”)], and 120-B (Corresponding Section 61(2) of the BNS), read with Section 34 (Corresponding Section 3(5) of the BNS), undergoing sentenced imprisonment at Sub-Jail, Silvassa (“Jail”). Read more
[Rights of Disabled Persons] | Bombay HC directs State Govt. to constitute Advisory Board in 30 days
The instant suo motu PIL was in pursuance of an earlier order of the Court from 10-07-2024, regarding the constitution of a State Advisory Board (“Board”) under the aegis of Section 66 of the Rights of Persons with Disabilities Act, 2016 (“RPDA”). Read more
Interpretation of ‘scale of rates’ fixed by Tariff Authority for Major Ports is binding: Bombay High Court
Petitioner approached this Court to quash the demand notice dated 18-05-2010 and subsequent demand notices raised by respondent against petitioner for payment of Berth Hire Charges. Petitioner stated it was incorrectly calculated and levied in respect of petitioner’s tug ATUL for the period from 08-07-2008 to 28-10-2008. Petitioner also sought injunction restraining respondent from encashment of bank guarantee dated 03-03-2018 for Rs 2 lakh given on instructions from petitioner. Other prayers were also sought like restraining respondent from suspending port services to petitioner and its tugs and from taking coercive steps, etc. Read more
‘Victimizing foreign national without reason will reflect in bilateral relations’; Bombay HC directs FRRO to issue Exit Permit to Chinese woman acquitted in smuggling case
In the present case, petitioner-a Chinese woman who arrived in India by Air China Airlines Flight on 12-12-2019 from Beijing, was to land at Delhi International Airport, however, it was diverted to Chatrapati Shivaji Maharaj Terminus Airport, Mumbai due to bad weather. Later, she was arrested for procurement and smuggling of gold into India but was acquitted for the same. Despite petitioner’s acquittal Respondent 2, Union of India through the Assistant Commissioner of Customs, Prosecution Cell, CSMI Airport, Mumbai was creating hurdle in getting Exit Permit from Respondent 1. Read more
DELHI HIGH COURT
Delhi HC upholds reinstatement of superannuated research assistant of Jamia Millia Islamia University as a teacher
The present appeal was preferred by the appellant-Jamia Millia Islamia, challenging the judgement dated 10-07-2023 passed by the Single Judge of this Court, whereby the office order dated 04-09-2018 passed by the appellant was quashed. A direction was also issued to the appellant to reinstate the respondent in service, thereby permitting to take his reinstatement at the age of 65 years, with 50% back wages for the period commencing 31-12-2019 till re-instatement, with other consequential benefits. The Division Judge Bench of Suresh Kumar Kait* and Girish Kathpalia, JJ., while dismissing the present appeal, held that the appellant had to comply with the directions given by the Single Judge of this Court. Read more
Delhi High Court grants interim injunction to Dr. Reddy’s in suit filed to restrain violation of trade mark “REBAHEAL”
In a suit filed by Dr. Reddy’s Laboratories Limited (‘Dr. Reddy’s’) seeking permanent injunction to restrain violation and infringement of trade mark, passing off, unfair trade competition, damages, rendition of accounts, dilution, delivery up, etc., a Single Judge Bench of Mini Pushkarna, J. held that Dr. Reddy’s would suffer irreparable loss and injury in case interim relief was not granted in his favor, and restrained the defendants from using the impugned trade mark or any other mark deceptively similar to “Rebaheal”. Read more
Delhi HC directs AAI to appoint an applicant, earlier rejected due to typographical error in medical report
The present petition was filed under Article 226 of the Constitution to direct the respondent to review and admit corrected/clarified medical records; to revoke the cancellation of candidature of the petitioner and to stay the final result until such revocation. Jyoti Singh*, J., directed the respondent to issue an offer of appointment to the petitioner for the post of Junior Executive (Air Traffic Control) in the OBC category, within four weeks from today, subject to verification of his antecedents. The petitioner should be paid allowances along with pay also, from the date he joins duty on the said post. Seniority of the petitioner should be fixed along with his batch-mates in the order of merit and in accordance with law. Read more
‘INDRP Policy does not require third parties to be heard’; Delhi High Court holds petition under S. 34 of the Arbitration and Conciliation Act, 1996 not maintainable
In a petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 (‘Act’) to challenge an award dated 04-04-2023 passed by the Sole Arbitrator appointed by Respondent 2, a Single Judge Bench of Pratibha M. Singh, J. held that the petitioner had no locus to file a petition under Section 34, and the same was not maintainable as the petitioner was not a party to the arbitral proceedings. Read more
Delhi HC dismisses L’Oréal’s plea for cancellation of mark ‘CLARIWASH’ registered with a proprietor
The present appeal was filed for challenging impugned judgement dated 23-03-2023 passed by the Single Judge, whereby appellant’s application for cancellation the trade mark ‘CLARIWASH’ (‘impugned trade mark’) was rejected on the ground that respondent 1 was not at fault for an error committed by the Registrar of the Trade Marks in issuing the faulty examination report. The Division Judge Bench of Vibhu Bakhru* and Tara Vitasta Ganju, JJ., without interfering with the impugned judgment, held that there was no dispute, when the registration of the trade mark was contrary to the Trade Marks Act, 1999 (‘the Act’) and the same should be liable to be cancelled. However, in the case in hand, the Court was unable to accept that the respondent 1’s application for registration of the impugned mark was required to be rejected. The Court found no grounds for interfering with the impugned judgment. Thus, appeal was, accordingly, dismissed. Read more
Delhi High Court sets aside order cancelling GST registration of alleged Non-Existent Entity; directs entity to respond within 4 weeks
In a petition filed challenging an impugned order dated 04-05-2023, passed by respondent 2 whereby the petitioner’s Goods and Services Tax (GST) Registration was cancelled and to impugn the show cause notice (‘SCN’) dated 17-04-2023, as a result of which the order was passed, the Division Bench of Vibhu Bakhru* and Sachin Datta, JJ. set aside the impugned order and directed the petitioner to respond to the impugned SCN within four weeks. Read more
[Electro-Homeopathy] Delhi HC dismisses plea to analyze Krauss and Zimpel for recognition as alternative system of medicine
In the present petition filed seeking direction to the Homeopathic Pharmacopoeia Laboratory (‘HPL’), Ministry of Ayush (respondent 2) to analyze the prescription/formulation of Krauss and Zimple, as provided for in the German Homeopathic Pharmacopoeia to enable the Inter-Departmental Committee to give a reasonable conclusion qua the recognition of an alternative system of medicine. Subramonium Prasad*, J., held that Clinical studies were not covered under the purview of the respondent 2 and the stand of the Inter-Departmental Committee that it would not accept the application from an individual does not warrant any interference. It was for the petitioner to get in touch with the other organizations which were trying to make out their case of recognizing Electro Homeopathy as a new/alternate form of medicine. Read more
Delhi High Court dismisses Reliance’s petition against UIDAI; upholds impugned arbitral award in its entirety
In a petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 (‘Act’) by Reliance Communications Limited (‘Reliance’) to impugn an award passed by a Sole Arbitrator dated 23-02-2017, a Single Judge Bench of C. Hari Shankar, J. found that there was no merit in the two grounds that were advanced to challenge the impugned award and upheld the same. Read more
Delhi High Court grants interim injunction in favour of Jindal India Limited for infringement of its “JINDAL” marks
A suit was filed by Jindal India Limited (plaintiff) for infringement of trademark/copyright in the marks “JINDAL”, “
” and “JINDAL with the device of map of India” for goods of the plaintiff, passing off goods, delivery upon, rendition of accounts of profits, along with further damages. Mini Pushkarna, J., directed that the defendant, their principal officers, directors, partners, agents, franchisees, servants, licensees and all others acting for and on and on their behalf are restrained from making, selling, offering for sale, advertising and in any manner dealing or any other similar, allied cognate goods using the trademark and copyright “” or any other mark/name which is identical or deceptively similar to the plaintiff/applicant’s registered trademark “JINDAL”, “JINDAL with the device of map of India”/ “” and any other similar variants from doing any other activities whereby directly or indirectly infringing the plaintiff/applicant’s registered Trademarks and Copyrights “JINDAL”, “JINDAL with the device of map of India”/ “” and any other similar variants. Read more
Delhi High Court refers matter to Arbitrator based on arbitration clause in invoices issued for payment
In a petition filed under Section 11 of the Arbitration and Conciliation Act, 1996 (‘Act’) seeking the appointment of an arbitrator to adjudicate disputes between the parties in terms of an arbitration clause contained on invoices issued by the petitioner to the respondent, a Single Judge Bench of Prateek Jalan, J. allowed the petition and referred the disputes between the parties to arbitration while stating that despite being given opportunities, the respondent had not filed an affidavit to deny the case pleaded by the petitioner. Read more
Delhi High Court directs CBSE to allow 16 Students to appear in Compartment Exams despite missing deadline
A petition was filed for seeking directions to Central Board of Secondary Education (‘CBSE’) to allow 16 students of Class 10th and 12th of the petitioner-school to appear in their compartment/improvement examination, scheduled for 15-07-2024 and further CBSE be directed to re-open their online portal for submission of relevant details of 45 students, since the petitioner-teacher failed to upload the details of these students on the CBSE’s portal within the stipulated time due to her medical emergency. Swarna Kanta Sharma*, J., held that the school has been very negligent in the present case, however, to ensure fairness and consistent treatment, the Court directed that the 16 students from the petitioner-school be accommodated in the same manner as the students from the Rajasthan High Court’s order. The CBSE was directed to take similar actions for these students, provided the Rajasthan High Court’s order was not overturned or stayed by the Division Bench. The Court also imposed a cost of Rs. 50,000 on the school for its negligence and directed the amount to be deposited with the Delhi High Court Legal Services Committee within one week. Read more
Can allegations of coercion be looked into u/s 11 of the Arbitration Act by the referral Court? Delhi HC explain
In a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 (‘the Act’) for reference of disputes between the parties to arbitration, where petitioner alleged coercion by respondent, C. Hari Shankar, J., appointed a sole arbitrator to adjudicate upon the disputes, while holding that an allegation of coercion was a pure question of fact which necessarily had to be examined by the arbitral tribunal. Read more
Delhi HC dismisses plea challenging initiation of penalty proceedings against international powerlifter by National Anti-Doping Agency
In the present appeal filed under Clause X of the Letters Patent Act, 1866, challenging the judgement dated 24-05-2024 passed by the Single Judge of this Court, wherein the Court dismissed the petition having no admissible evidence at the stage, the Division Bench of Manmohan, ACJ. and Tushar Rao Gedela*, J., held that the Court finds no reason, much less any cogent reason to interfere with the impugned judgement passed by the Single Judge. The Court was of the opinion that the Anti-Doping Disciplinary Panel (‘ADDP’) stands constituted for considering the case of the appellant, it would not be appropriate for the Court to interdict the proceedings at this stage. Read more
HIMACHAL PRADESH HIGH COURT
Commenting about dress of girls, touching them inappropriately on their back, cheek and neck constitute an offence u/s 7 of POCSO Act: HP HC refuses to quash FIR
In a petition filed by the petitioner-accused for quashing of FIR registered under Section 354-A of the Penal Code, 1860 (‘IPC’) (corresponding Section 75 of Nyaya Sanhita, 2023) and Section 7 of the Protection of Children from Sexual Offences Act, 2012 (‘POCSO Act’), Rakesh Kainthla, J., stated that many girls had stated that the accused used to touch girls inappropriately on their back, cheek and neck. also used to comment about himself and the dress of the girls. These acts constituted the commission of an offence punishable under Section 7 of the POCSO Act, which provided punishment for physical contact with a minor with sexual intent. The Court stated that the physical contact made by the accused with the girls coupled with the words uttered by him could only lead to one inference that the touch was with sexual intent. Read more
‘Right to be forgotten inherent aspect of right to privacy’; Himachal Pradesh HC directs masking of rape accused’s name after his acquittal
In an application filed for grant of leave to appeal after being aggrieved by the acquittal of the respondent-accused for the commission of offence punishable under Sections 363, 366, 376 of the Penal Code, 1860 (‘corresponding Sections 137(2), 87 and 64 of Nyaya Sanhita, 2023) read with Section 6 of the Protection of Children from Sexual Offences Act, 2012 and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, the Division Bench of Tarlok Singh Chauhan* and Sushil Kukreja, JJ., stated that the prosecutrix herself had not supported the case of the prosecution and had clearly admitted that she married the respondent and had a three years old daughter out of this wedlock. In the crime, once the accused gets acquitted/honourably discharged by a competent Court, and the order becomes final, if the shadow of crime was permitted to continue, it would result in travesty of the concept of life under Article 21 of the Constitution. Read more
Seven years ‘continuous’ practice is not required by an Advocate for Additional District and Sessions Judge appointment: Himachal Pradesh HC
In a petition challenging the appointment of Respondent 4 as Additional District and Sessions Judge, the Division Bench of M.S. Ramachandra Rao, CJ. *, and Satyen Vaidya, J., stated that Rule 5(c) of the Himachal Pradesh Judicial Service Rules, 2004 (‘2004 Rules’), clearly stated that it required practicing as an Advocate at the Bar of a minimum period of seven years as on the last date fixed for receipt of the applications. There was no requirement that such practice as an Advocate must be continuous as on the date of making application for the said post. Respondent 4 was in active practice, and he possessed cumulatively more than 7 years of active practice and hence, was eligible for the appointment to the post of Additional District and Sessions Judge. Read more
JAMMU & KASHMIR AND LADAKH HIGH COURT
Can a husband escape/wriggle out of maintenance obligations merely by pronouncement of “Talaq”? J&K and Ladakh HC answers
While considering the instant petition wherein the Court had to consider whether maintenance proceedings under S. 488 of CrPC can be quashed on the ground of husband’s pleading that he had already divorced his wife; the Bench of Vinod Chatterji Koul, J.*, held that in order to enable a husband to escape the obligations under marriage contract including the one related to maintenance, the husband has to compulsorily plead and prove the ingredients of Talaq. Mere pronouncement of “talaq” three times or execution of divorce deed will not suffice. It was held that the Court in all such cases would give a hard look to the case projected by the husband and insist on strict proof. Read more
KERALA HIGH COURT
Organ trafficking an organized crime; this was perhaps just tip of the iceberg’: Kerala HC denies bail to accused in organ trafficking case
In a petition under Section 439 of the Code of Criminal Procedure, 1973 (‘CrPC’) filed by petitioner, accused 3 in the original complaint, who had been accused of being involved in human organ trafficking punishable under Section 370 read with Section 34 of the Penal Code, 1860 (‘IPC’) and Section 19(a)(b)(c) & (d) of the Transplantation of Human Organs and Tissues Act, 1994, C.S. Dias, J., dismissed the petition refusing to grant bail, while observing that Courts must look into the severity and nature of the crime, and whether releasing the accused would have a detrimental impact on the society. Read more
When can CBI be involved in an investigation? Kerala High Court answers
In a petition for transfer of investigation of a case to Central Bureau of Investigation (‘CBI’), alleging the operation of a transnational gang involved in forced hormone therapy, Bechu Kurian Thomas, J., dismissed the petition while observing that the involvement of CBI should be exercised sparingly and only in exceptional circumstances, and that the present case was devoid of any evidence to warrant involvement of the CBI. Read more
MADHYA PRADEHS HIGH COURT
MP High Court denies Writ of Mandamus to restrain authority from taking coercive actions based on alleged ‘illegal’ stop-construction interim direction
In a petition filed under Article 226 of the Constitution of India seeking quashment of Sub-Divisional Officer (Revenue)’s show cause notice to stop construction and bring necessary clearance/permission documents for inspection, a single-judge bench of G.S. Ahluwalia, J., held that writ cannot be issued for restraining the respondent authorities from taking coercive actions against petitioner as the direction to stop construction is not a final order because the same is based on an interim measure pending further inquiry. While acknowledging the petitioner did not receive a copy of the enquiry report which was a basis for the show-cause notice, the Court disposed of the petition with the specific observations regarding enquiry report and spot inspection. Read more
Construction of public utility premises near Hanuman Mandir not detrimental to temple’s atmosphere and ecological balance: MP High Court
In a petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing Respondent 3 to stop the construction work near the Hanuman Mandir and construct the public utility premises (Sarvajanik Sulabh Shauchalaya) at a location other than near the Hanuman Mandir, a single-judge bench of G.S. Ahluwalia, J., held that the present case does not need interference as the construction was beneficial for the public and did not harm the temple’s atmosphere and ecological balance and dismissed the petition. Read more
‘Existing issues sufficient’; MP High Court affirms trial court’s rejection of application for framing additional issues
In a petition filed under Article 227 of the Constitution of India challenging the rejection of application for framing additional issues in a suit for declaration of ownership and validity of a sale deed, a single-judge bench of G.S. Ahluwalia, J., dismissed the present petition and affirmed the trial court’s rejection of the application for framing additional issues on the ground that Issue no. 2 as formulated by trial court already covers the same. Read more
‘Forcibly entry to school, death threats, scuffles with Police’, No preliminary enquiry needed for FIR against Student Leader for cognizable offence: MP High Court
In a writ petition seeking the quashment of FIRs registered against the petitioner, a student leader for forcibly entering the school, abusing the staff, damaging property, threatening to kill the staff and later abusing and scuffling with the police, a single-judge bench of G.S. Ahluwalia, J., dismissed the petition and affirmed that the registration of FIRs without conducting a preliminary inquiry was appropriate given the facts and circumstances of the present case which disclosed the commission of cognizable offences. Read more
‘Bhopal Gas Tragedy Victims’ Treatment and rehabilitation: MP High Court directs implementation of Monitoring Committee Recommendation
In a petition against the non-compliance with the Supreme Court’s 2012 directives regarding the treatment and rehabilitation of Bhopal gas victims, a division bench comprising of Sanjeev Sachdeva, ACJ and Vinay Saraf, J., directed the concerned authorities to examine the Monitoring Committee’s status report and take proactive steps for implementation of the directions in respect of which there are no issues. Read more
MADRAS HIGH COURT
Madras HC issues guidelines on disposal of products of conception after MTP of a pregnant minor girl, and on disclosure of her personal details
Pursuant to the administrative order of the Acting Chief Justice, a division bench was constituted to monitor the implementation of provisions of the Protection of Children from Sexual Offences Act, 2012 (‘POCSO’) and
Inside Madras High Court verdict on election of syndicate member to Bharathidasan University
In a writ petition challenging the election of the respondent 3 as member of the syndicate of Bharathidasan University (‘University’) and to direct the University and the Returning Officer, to count all the votes without ignoring any one of 37 polled votes as eligible votes and declare the results by declaring the petitioner as one of the two elected member of the University syndicate, G.R. Swaminathan, J. has held that respondent 3 was rightly declared as a winner. Read more
[Contempt of Court] Madras HC holds Sub Registrar and litigant guilty for fabricating Court documents; Sentences them to 2 months imprisonment and fine
In a Suo Motu Civil Contempt Proceedings initiated against the contemnors for fabricating documents which were produced in court for getting favorable orders, N. Sathish Kumar, J. while holding the Sub Registrar and the litigant guilty of contempt of court, sentenced them to undergo a sentence of simple imprisonment for a period of two months with a fine amount of Rs.2,000/- each. Read more
MEGHALYA HIGH COURT
Touching private part with penis amounts to aggravated penetrative sexual assault under POCSO Act; Meghalaya HC upholds man’s conviction for raping 4-yr-old girl
In a criminal appeal against a decision of the Special Judge (POCSO), wherein, the convict was found guilty of offence under Section 5(m) of the Protection of Children from Sexual Offences Act, 2012 (‘POCSO Act’) punishable under Section 6 of the POCSO Act, the Division Bench of S. Vaidyanathan, CJ. and W. Diengdoh, J. dismissed the appeal and upheld the impugned decision. Read more
ORISSA HIGH COURT
‘Citizen’s Charter would be a pioneering influence in BMC’s initiatives’; Orissa HC directs introduction of Charter for timely public services
In a civil writ petition seeking a direction to the Commissioner, Bhubaneswar Municipal Corporation (‘BMC’) for providing ‘death certificate’ of petitioner’s husband, who died from COVID-19, Dr. S.K. Panigrahi, J. directed the Commissioner to issue necessary documents relating to the death of the deceased husband, within a period of three working days. Read more
PATNA HIGH COURT
Patna HC dismisses candidates’ plea to appear for main examination for District Judge (Entry Level) due to incorrect questions in Preliminary Examination
In the present case, a batch of four writ petitions were taken up peremptorily as the main examination for selection to the post of District Judge (Entry Level) was scheduled on 14-07-2024.The Division Bench of K. Vinod Chandran*, CJ., and Partha Sarthy, J., held that even if petitioners were granted marks for the questions challenged, they would not get sufficient marks which would permit their participation since the cut-off marks were more than what they would get. The Court dismissed the petitions and held that there was no reason to cause interference to the results of the screening test or the main examination that was scheduled on 14-07-2024. Read more
[NEET UG 2024] Patna HC permits CBI to take custody of 13 accused in NEET paper leak case
The CBI prayed for remand of Opposite Party 1 to 13 (‘accused persons’) in the National Eligibility cum Entrance Test (‘NEET’) question paper leak case, but CBI’s application was rejected by the Exclusive Magistrate, CBI, Patna (‘Exclusive Magistrate’) vide order dated 02-07-2024. Sandeep Kumar, J., permitted CBI to take custody of 13 accused persons involved in NEET paper leak case. Read more
PUNJAB AND HARYANA HIGH COURT
Punjab and Haryana HC grants bail to Indian Army Sepoy accused of leaking secret information to Pakistan
In the petition filed by Indian Army Sepoy seeking regular bail in the FIR registered under Sections 3, 4, 5 of the Official Secrets Act, 1923 and Section 124-A of the Penal Code, 1860 for the offence of leaking sensitive secret information to Pakistan, Gurvinder Singh Gill*, J., ordered to release the petitioner on regular bail on his furnishing of bail bonds/surety bonds to the satisfaction of the Trial Court/the Chief Judicial Magistrate/the Duty Magistrate concerned. Read more
Punjab and Haryana HC grants relief to Shehnaz Gill; holds agreement as prima facie unfair with one party having superior bargaining power
In a revision petition filed against the order dated 29-08-2023, passed by the Additional District Judge, SAS Nagar (‘the Appellate Court’), Gurbir Singh, J., stated that in the present case, the respondent sent the notice to the petitioners rescinding the Agreement dated 25-09-2019 (‘the agreement’) on the ground that it was result of misrepresentation and fraud. Petitioners neither took any step nor gave any notice to the respondent for performing her part of the contract. The silence of petitioners, prima facie established that they took the agreement to have been rescinded, as conveyed by the respondent. Read more
RAJASTHAN HIGH COURT
BNSS vs CrPC| CrPC to apply to pending trial/investigation registered before Bharatiya Nagarik Suraksha Sanhita came into force: Rajasthan High Court
In a petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) seeking fair, impartial, and effective investigation in FIR registered for offences under Section 420 and 120-B of the Penal Code, 1860 (IPC), a single-judge bench of Arun Monga, J., overruled the objection by the Registry and held that since the FIR was registered before BNSS came into force, therefore, the proceedings should follow CrPC. Read more
Hindu deity can hold lands in Jagir only when cultivated by Shebait/Pujari and not by tenants: Rajasthan High Court
In an appeal against the petition dismissing the appellant’s plea against striking out his name from the revenue records without a hearing thereby adversely affecting his tenancy rights, a division bench comprising of Manindra Mohan Shrivastava, CJ., and Madan Gopal Vyas, J., set aside the Single Judge’s order and the previous orders by revenue authorities and remanded the case to the Sub-Divisional Officer (SDO) for a detailed enquiry considering the legal positions as clarified by the full bench of this Court in Tara v. State of Rajasthan, 2015 SCC OnLine Raj 1332. Read more
TRIPURA HIGH COURT
Entry in revenue records does not confer any title over the suit property: Tripura HC reiterates
An appeal was filed under Section 96 read with Order 41 of Civil Procedure Code, 1908 by appellants against the judgment and preliminary decree dated 05-04-2022 delivered by the Civil Judge, Senior Division, Court No.1, West Tripura, Agartala (‘the Trial Court’). Biswajit Palit, J., opined that appellants could not show any satisfactory document of title regarding the exclusive ownership of their predecessor over the entire suit land before the Trial Court and even before this Court, at the time of hearing of arguments. The Court thus held that the entry in revenue records did not confer any title over the suit property, therefore, the submission of appellants that their predecessor was the absolute owner of the suit land could not be accepted. Read more
