ALLAHABAD HIGH COURT
Allahabad HC directs UPPSC to respond to candidate’s plea alleging marks disparity in U.P. Judicial Service Civil Judge examination 2022
In a writ petition filed challenging the result declared by the Uttar Pradesh Public Service Commission (‘UPPSC’) with respect to U.P. Judicial Service Civil Judge (Junior Division) examination 2022, the division bench of Saumitra Dayal Singh and Donadi Ramesh, JJ. has directed the UPPSC to respond to a candidate’s allegations of discrepancies in marking her answers in the Mains Examination in six weeks. Read more
‘Ultimate decision of woman whether to opt for abortion or adoption’: Allahabad HC directs State to facilitate discreet delivery and adoption of 15-year-old minor girl’s unborn child
In a writ petition filed by a 15-year-old minor girl seeking permission to medically terminate her pregnancy at 32 weeks but later deciding to put the child up for adoption, the Division Bench of Shekhar B. Saraf and Manjive Shukla, JJ., stated that the final decision was ultimately up to the woman, whether to terminate the pregnancy or proceed with it and put the child up for adoption. Read more
Allahabad HC sets aside Passport Authority’s order impounding a man’s passport due to pending criminal case
In a writ petition challenging the communication issued by the Regional Passport Officer, whereby he has been informed that decision has been taken to impound the passport issued in his favour under Section 10 (3) (e) of the Passports Act, 1967 on the ground of pending criminal case, the division bench of Shekhar B. Saraf and Manjive Shukla*, JJ., while setting aside the impugned decision for impounding petitioner’s passport, directed the Passport Officer to reconsider the matter, grant the petitioner an opportunity of hearing and thereafter pass a fresh order within six weeks of the date of service of a copy of this order. Read more
BOMBAY HIGH COURT
‘Consent derived in fear of injury or misconception of fact is no consent’: Bombay HC refuses to quash proceedings against accused, for offences including rape
The petitioners filed the instant petition seeking quashing of criminal proceedings pending against them before the Additional Sessions Judge, Mangaon, Raigad (“Trial Court”), for the offences punishable under Sections 376,
If burden of excess octroi duty is passed onto consumers, then granting its refund will amount to ‘unjust enrichment’; Bombay HC dismisses Colgate’s plea
Petitioner filed the present petition seeking the relief to declare that the determination of the value for the purposes of levy of octroi by respondents in petitioners’ case under Rule 2(7)(b) of the Bombay Municipal Corporation (Levy) of Octroi Rules, 1965 (‘1965 Octroi Rules’) as unconstitutional, illegal, and ultra vires the provisions of Rule 2(7) of the 1965 Octroi Rules and/or the provisions of the Municipal Corporation Act, 1888. The Division Bench of M.S. Sonak* and Kamal Khata, JJ., opined that as petitioner paid octroi at the rates demanded without any protest or demur for the period from 1995 to 2001, it was dissuaded from exercising its discretionary jurisdiction under Article 226 of the Constitution and granting any relief regarding the levies from 1995 to 2001 would result in petitioner’s unjust enrichment. Read more
Bombay HC refuses to quash FIR against Director of International Pharma Trader Co. for non-compliance with NDPS provisions
The applicant sought the quashing of FIR registered against him for the offences punishable under Sections 9(A), 25(A), 29, and 59 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“NDPS Act”). The applicant was a director of a pharmaceutical import-export company (“Company”), who was implicated for having exported controlled substances in violation of the Narcotic Drugs and Psychotropic Substances (Regulation of Controlled Substances) Order, 2013 (“NDPS Order”). It was contended by the applicant that he was not informed of the NDPS Order since the respective agencies had failed to publish the same on their websites. The Division Bench of A.S. Gadkari and Dr. Neela Gokhale*, JJ., was faced with a question, whether the ignorance of a Notification published in the Gazette can be a defence to justify quashing of FIR, holding that no cognizable offence is prima facie made out from a plain reading of the FIR? The Court held that the allegations contained in the FIR against the applicant, if taken on their face value, did prima facie disclose the commission of a cognizable offence. The Court viewed that the factual matrix of the case could be adjudged by the Trial Court as it was not within the instant Court’s purview, while examining an application for quashing of FIR, to conduct a mini trial to ascertain the facts of the case. Read more
[S. 498-A] ‘In-laws asking daughter-in-law to show them the house cleaned by her on video call is a sadist manner of ill-treatment’; Bombay HC refuses to quash FIR
The petitioner sought the quashing of FIR dated 01-06-2023 registered with the Tilak Nagar Police Station, Brihanmumbai City for offences punishable under Sections 498-A, 406, 504 and 34 of the Penal Code, 1860 (‘IPC’), the consequent charge-sheet and criminal proceedings pending before the Metropolitan Magistrate, 34th Court, Vikroli, Mumbai. The Division Bench of A.S. Gadkari and Dr. Neela Gokhale*, JJ., opined that the act to compel the complainant to show the house cleaned by her on WhatsApp video call was a sadist manner of ill-treatment. The Court dismissed the petition and refused to quash the FIR and consequent criminal proceedings, as the allegations in the FIR, prima facie disclosed commission of the alleged offences. Read more
‘FIR was filed with an ulterior motive of wreaking vengeance on the husband’s family’: Bombay HC quashes woman’s FIR against in-laws alleging cruelty
In a peculiar case, wherein Respondent 3 (“Wife”) had registered an FIR against her in-laws under Sections 498-A, 406, 323, 504, and 506 read with 34 of the Penal Code, 1860 (“IPC”), without a single charge against her husband, the petitioners sought the quashing of the same. The Division Bench of A.S. Gadkari and Dr. Neela Gokhale*, JJ., found that the allegations against the petitioners were quite general and vague., and in fact, some of the incidents listed in the FIR were against her husband and not wife. The Court noted the history of civil litigation between the instant respondent couple and the petitioners, and found that all the litigations involved property disputes, and observed that the FIR disclosed a proxy litigation engaged by the husband through wife, to settle the property dispute with his family. Therefore, the Court stated without hesitation that the FIR was filed with an ulterior motive for wreaking vengeance on the petitioners, and quashed the FIR registered against them by wife and her husband. Read more
‘AI tools infringe individual’s right to control and protect their own likeness/voice’; Bombay HC grants ad-interim injunction in favour of Arijit Singh to protect his personality rights
Plaintiff was seeking protection of his personality rights viz. his own name, voice, signatures, photograph, image, caricature, likeness, persona, and various other attributes of his personality against unauthorized/unlicensed commercial exploitation, misuse of all hues thereof. The present suit also pertained to the violation of his moral rights in his performances conferred upon him by virtue of Section 38-B of the Copyright Act, 1957 (‘1957 Act’). Read more
CALCUTTA HIGH COURT
‘Offence under S. 354A of IPC is gender specific and only a man can be prosecuted under the same’; Calcutta HC quashes sexual harassment case against female accused
In a criminal revisional application under Section 482 read with Section 401 of the Code of Criminal Procedure, 1973 (‘CrPC’) filed by the accused (petitioner) in a case dated 15-09-2018 under Sections 354-A/506/34 of the Penal Code, 1860 (‘IPC’) which was pending before the Court of Additional Chief Judicial Magistrate at Alipore, South 24 Parganas, a Single Judge Bench of Ajay Kumar Gupta, J. held that the allegation of an offence punishable under Section 354A of IPC was not applicable against the petitioner since the sub-sections of the said provision specifically begin with the words ‘a man’. Read more
A huge sum spent in the judgeship of 24-Parganas (North); Calcutta High Court stays contractual recruitment notifications
A petition was filed by the West Bengal Courts’ Employees’ Association challenging two recruitment notifications dated 28-02-2024, and 14-03-2024 pertaining to the engagement of staff on a contractual basis for Fast Track Courts and Family Courts in the District Judgeship of North and South 24-Parganas. Arindam Mukherjee, J., held that the recruitment notifications dated 28-02-2024, and 14-03-2024 cannot be allowed to be proceeded being contrary to West Bengal District Court (Constitution of Service, Recruitment, Appointment, Probation and Discipline of Employees) Rules, 2015. Thus, any engagement made in terms of these two notifications shall not create any equity in favour of the persons already engaged. Read more
DELHI HIGH COURT
Delhi High Court grants Arvind Kejriwal Two Additional Legal Meetings via Video Conferencing
A petition was filed by Arvind Kejriwal seeking to set aside or quash the Orders dated 10-04-2024 and 01-07-2024 passed by the Special Judge and seeking direction to Jail Authority for allowing the applicant to have five weekly meetings with his Lawyers and further seeking directions to the Jail Authority for allowing the applicant to have additional two meetings with his Lawyers respectively was dismissed. Neena Bansal Krishna, J., held that in recognition of fundamental right of fair trial and effective legal representation, the petitioner be granted two additional legal meetings with the Counsel through video conferencing in a week, till he is confined to jail. Read more
Delhi High Court grants bail to 68-year-old rape accused
In an application filed by 68-year-old man accused, of rape alleged to have committed offences punishable under Sections 354-A, 354-C, 376, 377, 506 of the Penal Code, 1860 (‘IPC’) and Sections 66-E and 67-A of the Information Technology Act, 2000 (‘IT Act’), seeking regular bail, Manoj Kumar Ohri, J., granted the accused regular bail subject to certain conditions. Read more
Divya Coronil NOT a cure for COVID-19; Delhi High Court directs immediate removal of Misleading ‘Divya Coronil’ claims
A plaint was filed by AIIMS Rishikesh (plaintiff) seeking to restrain defendant 1 from distributing, transmitting, publishing, re-publishing or releasing in any manner to the public and a direction to the defendants to remove/take-down all active URLs and videos pertaining to the impugned statements made by defendant 1 or his associates, agents, employees, officers or partners relating to a drug manufactured, advertised and marketed by the concerned defendants under the name and style of “Divya Coronil”. Anup Jairam Bhambhani, J., restrained from further making, publishing, re-publishing, distributing, transmitting, or releasing to the public, the impugned statements or any other similar statements or content relating to Divya Coronil, either through print, digital or electronic media or otherwise, in any manner whatsoever, either directly or through their employees, officers, partners, associates or agents, until final disposal of the present suit. Read more
‘Section 34 of Arbitration Act cannot be used as tool for reappreciation of facts’: Delhi HC
C. Hari Shankar, J., dismissed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 (‘the Act’) filed against the Arbitrator’s Award , wherein, the petitioner was directed to execute a sale deed of the disputed property in favour of the present respondent on the ground that the contentions raised by the petitioners should have been raised before the Arbitral Tribunal and that reappreciation of facts of a dispute was not permitted under Section 34 of the Act. Read more
[Right to be Forgotten] Delhi High Court grants injunction against India Today Group regarding defamatory posts on acquitted businessman
A suit was filed by the plaintiff seeking an ad-interim ex parte injunction against various media houses, primarily due to his claim of being falsely implicated in a criminal case under Sections 176, 201, 202, 336, and 334 of the Penal Code, 1860 (IPC) and Sections 3 and 25 of the Arms Act, and despite being acquitted on 15-10-2019, by the Metropolitan Magistrate of the 66th Court in Andheri, Mumbai, the media houses did not remove the initial defamatory posts from their websites but instead updated them to mention the plaintiff’s acquittal, which, according to the plaintiff, continued to harm his reputation. Vikas Mahajan, J., directed defendants 1 to 4 to take down the original defamatory posts from their websites and any other platforms where they had been published and instructed the media houses to refrain from publishing any further defamatory content about the plaintiff related to the criminal case. Read more
Whether a petition can be rejected in part upon an application being moved under Order 7 Rule 11 of the CPC? Delhi HC answers
In an appeal filed by the wife against order of the Family Court dismissing her application under Order VII Rule 11 of the Code of Civil Procedure, 1908 (‘CPC’) for dismissal of the divorce petition filed by the husband, the Division Bench of Rajiv Shakdher* and Amit Bansal, JJ., dismissed the appeal and stated that a petition could not be rejected in a piecemeal manner upon an application being moved under Order VII Rule 11 of the CPC. Read more
‘UIDAI can be directed to disclose data in sealed cover in exceptional Habeas Corpus cases without prior hearing’: Delhi High Court
In a writ petition filed by a daughter under Article 226 of the Constitution read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’) to seek a writ of habeas corpus for directing the State to produce her mother who was missing since 15-05-2019, a Division Bench of Pratibha M. Singh* and Amit Sharma, JJ. directed the Delhi Police to file an updated status report regarding the whereabouts of the petitioner’s mother as per the updated details on her Aadhaar card and held that the Unique Identification Authority of India (‘UIDAI’) can be directed to disclose the data of an individual in a sealed cover, even without being afforded a prior hearing in exceptional cases such as the present one. Read more
JAMMU & KASHMIR AND LADAKH HIGH COURT
Whether defamatory allegations made in arguments before a Court, can form a basis for prosecution for defamation? J&K and Ladakh HC answers
While deliberating over the instant petition the Court had to consider whether any defamatory allegations made, either in the pleadings or during the course of arguments, before a Court of law can form a basis for prosecution for offence of defamation; the Bench of Sanjay Dhar, J.*, opined that the arguments made by a counsel upon instructions from his client, which are per se defamatory in nature, can form basis for prosecution of such client for offence of defamation. Read more
KARNATAKA HIGH COURT
Karnataka HC asks State Government to frame guidelines vis-a-vis issue of summons under S. 35 of Nagarik Suraksha Sanhita
While considering the instant petition questioning the notice issued to the petitioner by the Sub-Inspector of Police under Section 41(1)(a) of CrPC dated 6-6-2024, which was bereft of any reasons, the Bench of M. Nagaprasanna, J.*, stated that a citizen must know as to why he is being summoned. The Court further took note of the change criminal procedural regime in the form of corresponding Section 35 of Nagarik Suraksha Sanhita, 2023 (BNSS), which deals with Arrest of Persons. The Court therefore asked the State Government to issue guidelines drawing a check list for all those Station House Officers, who would summon any person under Section 35 of the BNSS. Read more
KERALA HIGH COURT
Can a person change his religion in school certificate after conversion? Kerala HC answers
In a writ petition filed by petitioners challenging the order dated 13-05-2024 passed by the Controller of Examinations, , allowing the petitioners’ applications for change of name but rejected prayer for change of religion on their school certificate, V.G. Arun, J., allowed the writ petition and set aside the impugned order while observing that if a person exercises his right to practice any religion as guaranteed under Article 25(1) of the Constitution, necessary corrections should be made in their records to reflect the same. Read more
Kerala HC quashes proceedings against husband after considering settled married life and wellbeing of children
In a petition filed by the accused under Section 482 of the Code of Criminal Procedure, 1973 (‘CrPC’) for the quashing of proceedings, wherein the accused had been alleged to have committed the offence of rape. However, he eventually married the victim, and they lived together as husband and wife with children of their own. A. Badharudeen, J., allowed the petition and quashed all proceedings against the accused and observed that although the settlement of cases stemming from the offences of rape and Protection of Children from Sexual Offences Act, 2012 (‘POCSO Act’) was not permissible under law, an exception was made considering that the accused and the victim had children together and were living a peaceful family life. The Court remarked that there was no necessity to continue criminal proceedings to retain them in the hazards of litigation and to collapse their married life and the wellbeing of the children. Read more
MADHYA PRADESH HIGH COURT
MP High Court refuses to quash FIR against NHAI officials who failed to demonstrate ‘Good Faith’ in road maintenance/ditch closures
In an application filed under Section 482 of Criminal Procedure Code, 1973 (CrPC) seeking quashing of FIR on the grounds of ‘good faith’ as provided under Section 28 of the National Highways Authority of India Act, 1988 (NHAI Act), a single-judge bench of G.S. Ahluwalia, J., opined that “prima facie it cannot be said that applicants had acted in a good faith” as the applicants did not demonstrated “good faith” in their maintenance duties for NH-7 and denied to quash the FIR. The Court directed the applicants to appear before the trial court for the trial. Read more
Madhya Pradesh High Court orders enquiry against Trial Court Judge for ‘blindly’ signing wrong order sheets written by clerk
In a bail application filed by the applicant for the alleged offences involving taking vehicles on rent, mortgaging them, and absconding with the money, a single-judge bench of G. S. Ahluwalia, J., dismissed the bail application, however, permitted the applicant to renew his bail application after the co-accused surrenders or may seek a separation of the trial from the absconding co-accused. The Court further directed the Principal District and Sessions Judge, Bhopal to conduct an enquiry into the trial court’s conduct regarding ‘blindly signing’ the wrong order sheets written by the clerk. Read more
2024 Lok Sabha elections | MP High Court issues notice to Khandwa BJP MP Gyaneshwar Patil for allegedly filling ‘false affidavit’
In an election petition filed by the petitioner, a Congress candidate challenging the election of BJP candidate who emerged victorious in the 2024 Lok Sabha elections for the Khandwa constituency, alleging that he suppressed material information in his affidavit, a single judge bench of Vivek Jain, J., issued notices to the respondents. Read more
MADRAS HIGH COURT
Madras HC directs Chief Secretary to initiate appropriate action and remove prefixes like ‘Tribal’ from names of Government Schools
While hearing a suo motu writ petition initiated following the Kallakurichi Hooch Tragedy in Kalvarayan Hills, the division bench of S.M. Subramaniam and C. Kumarappan, JJ., while noting that Government Schools were functioning in the name of “Government Tribal Residential School”, said that the usage of the term “Tribal” along with the name of the Government School is unwarranted. The Court directed the Chief Secretary to the Government of Tamil Nadu to initiate appropriate action and remove prefixes like “Tribal” from the names of the Government Schools in the state. Read more
Madras HC quashes FIR against former DGP accused of forwarding offensive WhatsApp message against Chief Minister MK Stalin
In a criminal petition filed by the Former Director General of Police, State of Tamil Nadu under Section 482 of Code of Criminal Procedure, 1973 (‘CrPC’), to call for the records pertaining to FIR for the offences under Section 153, 153-A, 504, 505(1)(b), 505(1)(c), 505(2) of the Penal Code, 1860 (‘IPC’) and Section 66-D of the Information Technology Act 2000 and quash the same, Dr. G. Jayachandran, J. while quashing the FIR, directed the petitioner to forward the affidavit copy to the WhatsApp group and report compliance to the Investigating Office for record purpose. Read more
MEGHALAYA HIGH COURT
‘State can deviate from advertised vacancies in exceptional cases’; Meghalaya HC upholds appointment of 3 judges made above number of advertised vacancies
In a civil writ petition for quashing the selection process by which the respondents were appointed as Magistrate First Class, Subordinate District Council Court, Khasi Hills Autonomous District Council (‘KHADC’) on the ground that the appointment was made over and above the number of vacancies advertised, H. S. Thangkhiew, J. dismissed the petition holding that the appointments of the three judicial officers, in challenge, was made due to compelling circumstances and on the basis of a policy decision, and also in consideration of the fact that these officers are presently manning positions in outlying benches of the District Council Courts, which are special in nature for the past two years. Read more
PUNJAB AND HARYANA HIGH COURT
Punjab and Haryana HC directs Trial Court Judge and Public Prosecutor to furnish explanation for disregarding its directions
In a petition filed by the petitioner highlighting the non-compliance of the directions of the present Court by the Trial Court concerned, the Division Bench of Sureshwar Thakur and Sudeepti Sharma, JJ., stated that it appeared the Trial Court had prima facie wantonly disregarded the said directions, and had proceeded to invite responses from the Public Prosecutor concerned. Subsequently, the Trial Court also ordered for consideration to be made on the application filed by the petitioner asking for implementation of the said directions. Therefore, the Court stated that the Trial Judge and the Public Prosecutor were required to furnish explanations as to why further proceedings of contempt of Court should not be initiated against them. Read more
‘People have suffered enough environmental degradation’; P&H HC restrains Haryana Govt. from cutting 150 trees; advises to find alternate site for construction of police station
In a petition filed by National Environment and Forest Protection Trust, raising a public cause that construction of police station and five acres for police lines, would result into cutting of 150 trees standing thereon, alleged to be about 100 years old, Sheel Nagu, J., stated that we people have suffered enough environmental degradation and therefore, this Court would not like to be a part of any further deterioration. Read more
Punjab and Haryana HC imposes Rs. 2 lakh costs on IIM Rohtak for withholding result of its student for four years
In a petition filed under Article 226/227 of the Constitution to quash the action of the Indian Institute of Management, Rohtak (‘respondent’) conveyed vide email dated 06-06-2020 (‘impugned letter’) and also direct the respondent to declare the petitioner’s result, which had been withheld without any intimation to her, Jasgurpreet Singh Puri, J., stated that it was very clear that the Academic Handbook of the year 2018-2020 for the Batch-9 was applicable to the petitioner and not Academic Handbook of the year 2019-2021 for the Batch-10. Admittedly, in the Academic Handbook for 2018-2020, there was no provision for any kind of punishment in terms of Clause 7.5.3, under which the punishment had been inflicted, whereas the same existed only in the Academic Handbook for the year 2019-2021. Therefore, the punishment, which was inflicted upon the petitioner, was totally without the authority of law and without any power. Consequently, the present petition was allowed and set aside the impugned letter. Read more
TELANGANA HIGH COURT
Bank cannot be charged with demand, interest, penalty for filing return in another State’s GST portal due to technical glitch: Telangana High Court
A petition was filed under Article 226 of the Constitution raising a question that whether petitioner which was registered under Sales Tax and GST regime in Maharashtra, but could not file its return in the GST portal of that State because of technical glitch and filed it in the GST portal of Telangana, could be saddled with demand, penalty, and interest despite the fact that petitioner’s branch existed in the State of Telangana, especially when credit taken by petitioner was transferred to Maharashtra portal on the same day. Thus, in the present case, the question was about the scope and ambit of Section 140 of the Central Goods and Services Tax Act, 2017 (‘the CGST Act’). Read more
Telangana HC upholds right of women members of Akbhari Sect of Shia Muslims to offer prayers in Ibadat Khana
The present petition was filed challenging the action of respondents in not permitting the women members of Akbhari Sect of Shia Muslims for conducting Majlis, Jashans and other religious prayers in Ibadat Khana situated in premises in Darulshifa, Hyderabad (‘subject premises’). A Single Judge Bench of Nagesh Bheemapaka, J., opined that respondents’ action amounted to violation of fundamental rights guaranteed to petitioner under Articles 14 and 25(1) of the Constitution and thus, directed respondents to permit the women members of Akhbari Sect of Shia Muslim for conducting Majlis, Jashans, and other religious prayers in the Ibadat Khana situated in the subject premises. Read more
