ADVOCATES
KARANATAKA HIGH COURT| Bar Council of India cannot ostensibly pass any gag order which takes away an Advocate’s fundamental right
While considering a petition filed by a practicing advocate questioning proceeding initiated by the Bar Council of India in terms of its communication dated 12-04-2024 by which certain restrictions were imposed upon the practice of the petitioner; the Bench of M. Nagaprasanna, J*., held that, the Chairman of the Bar Council of India ostensibly cannot pass any such gag order which takes away the fundamental right of any Advocate. Issuance of gag order is not a power that can be inferred from Section 7(1)(g) of the Advocates Act, 1961. Therefore, the very order directing restraint on an Advocate speaking is prima facie contrary to law and is unsustainable. Read more HERE
BAIL
MADHYA PRADESH HIGH COURT| Directions for Strict Compliance of CCTV Maintenance and Police Accountability, issued
In a bail application for alleged offences under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), where the applicant argued that he was falsely implicated after being arrested earlier, and the police failed to produce CCTV footage from the police station to substantiate their actions, a single-judge bench of Subodh Abhyankar, J., allowed the bail application and disposed of the case with directions to ensure proper compliance with the Supreme Court’s guidelines regarding CCTV camera maintenance. The Court emphasised on police accountability and the importance of CCTV footage in upholding justice and protecting citizens’ rights. Read more HERE
RAJASTHAN HIGH COURT| ‘Cutting one’s nose is a serious crime due to its physical, emotional and social implications’; Bail, denied
In an application seeking bail under Section 439 of the Criminal Procedure Code, 1973 (CrPC), a single-judge bench of Rajendra Prakash Soni, J., dismissed the bail application due to the serious nature of the allegations and the significance of the injuries inflicted upon the complainant, i.e., disfigurement caused by cutting off the complainant’s nose. Read more HERE
BOMBAY HIGH COURT| ‘Ganja’ under S.2(iii)(b) of NDPS Act covers only flowering/fruiting tops of cannabis plant, excludes seeds/leaves; Bail, granted
The present application was filed by applicant under Section
COMPENSATION
PUNJAB & HARYANA HIGH COURT| Panjab University to pay Rs 1 lakhs compensation to law student for failing him in semester exam by reducing marks on their own ‘whims and fancies’
In a petition filed under Article 226/227 of the Constitution seeking to quash the result dated 20-10-2023, whereby the petitioner was declared fail in B.A. LL. B, sixth semester examination by the Panjab University (‘the University’), a Single Judge Bench of Jasgurpreet Singh Puri, J., stated that when an examination paper had the maximum marks of 80 and the student passes the examination by securing 54 marks then if, the University needs to scale down the marks on proportionate basis then the same had to be done by adopting any formula prescribed under any law. Read more HERE
JHARKHAND HIGH COURT| ‘No evidence to show that deceased was not bona fide passenger’; Rs. 8 lakh compensation granted to wife whose husband died after accidentally falling from running train
In the miscellaneous appeal filed against the judgment dated 19-06-2019 passed by the Railway Claims Tribunal, Ranchi Bench (‘the Tribunal’), whereby the appellants’ claim of seeking compensation was dismissed, Subhash Chand, J., stated that though in the written statement on behalf of the respondent, the defence was taken that the deceased had died while crossing railway station. However, the documentary evidence adduced on behalf of the respondent, it was found that the untoward incident took place by falling of the deceased from the running train in between Sahebganj to Pirpainti Station. Neither oral nor any documentary evidence was adduced on the respondent’s behalf to show that the deceased was not bona fide passenger. Initial burden was discharged on behalf of the appellants, and the burden of proof was shifted upon the respondent to prove the fact that the deceased was not a bona fide passenger. Thus, the fact that the deceased was a bona fide passenger was well proved. Read more HERE
CONSTITUTIONAL LAW
DELHI HIGH COURT| Sir Ganga Ram Hospital to hand over frozen semen sample of deceased son to parents for Posthumous Reproduction
In a petition filed under Article 226 of the Constitution by parents (petitioners) who wished to continue the legacy of their deceased son by seeking release of his frozen semen sample stored in the fertility lab of Sir Ganga Ram Hospital (‘Hospital’) (respondent 3), a Single Judge Bench of Pratibha M. Singh, J. opined that the hope of the parents to continue the legacy of their young deceased son who specifically got his semen sample preserved, could not be defeated and directed the Hospital to hand over the semen sample to the petitioners. The Court also directed the Ministry of Health and Family Welfare (‘MoHFW’) to consider whether any law or guideline was required to address issues related to Posthumous Reproduction (‘PR’) and Postmortem Sperm Retrieval (‘PMSR’). Read more HERE
RAJASTHAN HIGH COURT| Denial of arms license to Sportsperson solely based on family background violates Articles 14 and 19(1)(g)
In a petition filed by the petitioner, a renowned national-level shooter, seeking directions to obtain the arms license for sports purposes after the same was denied to her based on her family’s criminal background, a single-judge bench of Dinesh Mehta, J., held that denying the petitioner a license solely based on her family background was arbitrary and unconstitutional, violating her rights under Articles 14 and 19(1)(g) of the Constitution of India and directed District Magistrate to issue her a permanent arms license for sports purposes. Read more HERE
CONSUMER COMMISSIONS
DELHI HIGH COURT| Consumer Commissions have power to act as Judicial Magistrate for trial of offences, which includes power to issue arrest warrants
In a petition filed assailing the order dated 09-07-2024, whereby National Consumer Disputes Redressal Commission (‘NCDRC’) upheld the arrest warrants issued against the petitioner, Sanjeev Narula, J., stated that in the present case, the issuance of arrest warrants was not rooted in the enforcement mechanism outlined in Section 71 of the Consumer Protection Act, 2019 (‘the CP Act’), but rather in the powers conferred by Section 72 of CP Act, which explicitly empowered the Consumer Commissions to act as a Judicial Magistrate of the first class for trying an offence under Section 72(1) of the CP Act. Read more HERE
GUJARAT HIGH COURT| GNLU student’s suspension from hostel over alleged misconduct, stayed
In a special civil application by a student of the Gujarat National Law University challenging his suspension from the Residence Hall and Registrar’s direction to vacate the hostel accommodation, Aniruddha P. Mayee, J. while issuing notice, stayed the impugned communication/notice dated 20-09-2024 with immediate effect. The Court directed the University to reinstate the petitioner to his allotted room with immediate effect on the receipt of the order. Read more HERE
ENTERTAINMENT
RAJASTHAN HIGH COURT| Stay on Injunction against Dharma Production’s movie “Jigra” release over Trademark Dispute
In an appeal challenging and seeking a stay on the impugned order dated 08-10-2024, passed by the Commercial Court, Jodhpur, which granted an ad-interim injunction against the release of the movie titled “Jigra” on the grounds of alleged trademark violation, a division bench of Pushpendra Singh Bhati and Munnuri Laxman, JJ., granted an-interim stay and allowed the release of the movie while reserving the respondent’s right to seek damages if any trademark violation is later proven. Read more HERE
FAMILY LAW
BOMBAY HIGH COURT| ‘No remorse or sympathy towards wife’s hardships’; Rs 1 lakh cost imposed on husband for opposing wife’s plea to transfer divorce case
The present application was filed by applicant-wife seeking transfer of marriage petition filed by respondent-husband in the Court of Civil Judge Senior Division, Vasai to the Family Court at Bandra, Mumbai. A Single Judge Bench of Milind N. Jadhav, J., stated that not once had it been considered that applicant was required to support and care for her 15-months’ old son and if she was to attend the proceedings in Vasai Court, how and who would take care of the child in her absence. The Court held that the present application deserved to be allowed as applicant being a single mother required to take care of her son who was born pre-term and was therefore facing constant health issues. Further, the Court imposed Rs 1,00,000 exemplary cost on respondent. Read more HERE
HABEAS CORPUS
MADRAS HIGH COURT| Plea on Samsung India Workers’ arrest after State confirms release, dismissed
In a habeas corpus petition filed directing the State to produce the detenues (workers at Samsung India) before this Court from its illegal custody and detention, the division bench of P.B. Balaji and G. Arul Murugan, JJ. said that no further orders are required in the habeas corpus petition since already necessary safeguards have been made and also the employees have been allowed to go on strike peacefully as set out in the orders, thus there is no illegal custody as projected by the petitioner. Read more HERE
NCLT
CALCUTTA HIGH COURT| Stay on NCLT Kolkata relocation to Rajarhat, rejected; Advocates’ inconvenience not sufficient to halt policy decision
A petition was filed by NCLT Advocates Bar Association, Kolkata challenging the Ministry of Corporate Affairs’ decision to shift the National Company Law Tribunal (NCLT), Kolkata, from its current location at Esplanade Row (East) to a new facility in Rajarhat. Shampa Sarkar, J., held that it would not be proper to stay the notification by which the proposal to shift the NCLT, Kolkata to the new building at Rajarhat has been made because interference with such policy decision would not be prudent. Read more HERE
PARLIAMENT AND STATE LEGISLATURES
DELHI HIGH COURT| Petition to disqualify BCI Chairman from Rajya Sabha over ‘Office of Profit’ Allegations; Imposes 25000 costs
A petition was filed by the Petitioner, a practising Advocate seeking directions to Union of India (Respondent 1) and Election Commission of India (Respondent 2), to disqualify Manan Kumar Mishra (Respondent 5) from the Rajya Sabha. Sanjeev Narula, J., dismissed the petition and imposed costs of Rs. 25000 on the petitioner as the present petition not only lacks merit, but is also an abuse of the legal process, aimed at circumventing the proper remedy. Read more HERE
POLICE CLEARANCE CERTIFICATE
DELHI HIGH COURT| Union to issue Police Clearance Certificate to Indian national despite pending criminal case
In a writ petition to seek direction for the issuance of Police Clearance Certificate (‘PCC’) filed by an Indian national named in two First Information Reports (‘FIRs’) that were filed based on complaints from Enforcement Officers (‘EO’) of the Employees Provident Fund Organization (‘EPFO’), a Single Judge Bench of Sanjeev Narula, J. stated that the petitioner’s right to work and freedom of movement must not be unjustly restricted solely on the existence of these FIRs, and directed the respondents to issue a PCC to the petitioner explicitly mentioning the pending criminal case against him as well as the fact that he had complied with the order of the Regional Provident Fund Commissioner (‘RPFC’) by making the required deposit. Read more HERE
PRACTICE AND PROCEDURE
DELHI HIGH COURT| ‘Jurisdiction of Civil Courts is not barred from adjudicating a contractual dispute’
In a batch of applications filed in regard to a suit instituted by the Asian Hotels (North) Ltd. (plaintiff) for performance of the Agreements by the lender banks, a Single Judge Bench of Chandra Dhari Singh, J. allowed Asian Hotels to amend the plaint instituted by it and dismissed the application seeking rejection of the plaint. The Court said that the jurisdiction of Civil Courts is not barred from adjudicating a contractual dispute and held that the contentions advanced for vacation of the order dated 03-03-2023 were misconceived and not cogent enough. Read more HERE
QUASHMENT OF PROCEEDINGS/ FIR
KERALA HIGH COURT| Quashment of case against priest accused of rape on pretext of marriage, refused
In a criminal miscellaneous case filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 20231, seeking quashment of charge sheet and all further proceedings against a priest of St.Johns Baptist Church, accused of raping a woman on pretext of marriage, A. Badharudeen, J. refused to quash criminal proceedings as the allegations warranted a trial, and the fact that the complainant previously sought to quash the proceedings did not justify closing the case. Read more HERE
DELHI HIGH COURT| Bootlegging and illegal sale of liquor needs to be curbed with a heavy hand; Quashing of externment order, refused
A petition was filed by the petitioner for quashing of impugned order dated 27-02-2024 passed by Additional Deputy Commissioner of Police-I (respondent 2) whereby externment order was passed against the petitioner for a period of two years, and order dated 10-04-2024 passed by the Appellate Authority whereby the externment period was reduced from two years to one year. Anoop Kumar Mendiratta, J., dismissed the petition being devoid of merits and held that there does not appear to be violation of principles of natural justice, as due notice was given to the petitioner and opportunity was granted to cross-examine the witnesses. Read more HERE
MADHYA PRADESH HIGH COURT| FIR under Section 370 IPC and JJ Act against Christian Missionary over Adoption of Children, quashed
In a writ petition seeking quashment of an FIR registered against the petitioner, who operates an orphanage, for alleged involvement in male trafficking under Section 370 of the IPC, a single-judge bench of Sanjay Dwivedi, J., quashed the FIR alleging male trafficking as the essential elements of Section 370 IPC were absent. Read more HERE
MADRAS HIGH COURT| Criminal case against stunt choreographer Kanal Kannan over Periyar Statue remarks, quashed
In a petition filed under Section 482 of the Code of Criminal Procedure, 1973 (‘CrPC’), to quash the charge sheet wherein the Kanal Kannan facing trial for the alleged offences under Sections 153, 505(1)(b), 505(2) of Penal Code, 1860 (‘IPC’), G. Jayachandran,J. held that the alleged speech of Kanal Kannan on his You Tube channel heard as a whole does not attract ingredients to prosecute him under the above Sections. Read more HERE
BOMBAY HIGH COURT| Making audio recording of conversation inside police station not an offence under S. 3 of Official Secrets Act, 1923
The present application was filed initially for quashing FIR in a case registered with Pathardi Police Station and by way of amendment to quash and set aside entire charge sheet and proceedings in a case pending before the Judicial Magistrate First Class, Pathardi, Ahmednagar for the offence punishable under Sections 120-B, and 506 of the Penal Code, 1860 and Section 3 of the Official Secrets Act, 1923 (‘the 1923 Act’). The Division Bench of Vibha Kankanwadi* and S.G. Chapalgaonkar, JJ., referred to Section 3 of the 1923 Act which dealt with “Penalties for spying” and observed that anything done in the police station was not included in Section 3. Thus, Applicant 1’s act of making an audio recording inside in the police station would not attract Section 3. Read more HERE
SENTENCE
ALLAHABAD HIGH COURT| Death sentences in Bulandshahr Gang-Rape case commuted to life imprisonment of 25 years without remission
In the Bulandshahr moving car gang rape case, the division bench of Arvind Singh Sangwan* and Mohd. Azhar Husain Idrisi, JJ. upheld the finding recorded by the Trial Court that the accused persons committed the offence of kidnapping the victim who was below the age of 18 years and committed aggravated penetrative sexual assault on her and then by committing her murder by strangulating with dupatta had thrown her dead body near a drain. However, the Court commuted death sentence to life imprisonment for a fixed term of 25 years without any remission as the Trial Court has not recorded any finding as to how the present case is rarest of the rare case even though the accused has committed the gravest offence. Read more HERE
SERVICE LAW
PUNJAB & HARYANA HIGH COURT| ‘Rendered unblemished service’: Order dismissing Muslim IAF officer from service for contracting second marriage, dismissed
In a petition filed to set aside the order dated 12-07-2016, passed by the Armed Forces Tribunal concerned, whereby the petitioner’s dismissal from service, vide order dated 08-09-2014 was upheld, the Division Bench of Sureshwar Thakur* and Sudeepti Sharma, JJ., stated that there was lack of application of mind by the respondent to grant the ex-post sanction to the plurality of marriage, especially when prima facie the former wife of the petitioner, did consent to the petitioner’s second marriage. Further, since no protest was made by the petitioner’s former wife regarding petitioner’s second marriage, therefore, the same might have been a mitigating circumstance for the respondent to favourably exercise the empowerment vested in it regarding granting of ex-post sanction. Thus, there was evident lack of application of mind by the respondent and it made the impugned order to suffer from vice of gross arbitrariness. Read more HERE
RAJASTHAN HIGH COURT| Mere involvement in criminal case does not automatically negate candidate’s appointment
In a writ petition challenging the State Government’s refusal to issue an appointment letter to the petitioner after he cleared prelims, mains, interview and was listed as a successful candidate by the Rajasthan Public Service Commission (RPSC), citing the criminal case as the reason, a single-judge bench of Vinit Kumar Mathur, J., held that the State’s mechanical rejection of the petitioner’s appointment without proper examination of the facts was improper and directed the respondents to reassess the petitioner’s eligibility for the post in light of the guidelines from the circular. Read more HERE
DELHI HIGH COURT| Writ petition by medical student against order by National Board of Examination in Medical Sciences for lack of jurisdiction, dismissed
In a writ petition filed to challenge the order dated 19-09-2024 issued by the National Board of Examination in Medical Sciences (‘NBEMS’), an autonomous body under the Ministry of Health and Family Welfare (‘MoHFW’), a Single Judge Bench of Purushaindra Kumar Kaurav, J. held that the essential, material, and integral cause of action had arisen beyond the jurisdiction of the Court, and thus, held that the directions sought in the present petition could be passed in the State of Uttar Pradesh. Read more HERE
