Bail and Anticipatory bail
Mere allegations of close association with terrorist gang without specific evidence is insufficient; Jharkhand HC grants bail to UAPA accused
In an appeal by the appellant-accused against the order dated 22-03-2024, passed by AJC-XVI-cum-Special Judge, NIA, Ranchi, whereby the accused’s bail was rejected, the Division Bench of Rongon Mukhopadhyay and Deepak Roshan, JJ., stated that that the allegations against the accused itself were vague and generalized. The accused’s involvement in terrorist activities had to be founded upon specific evidence. Merely, alleging that the accused was a member of a terrorist gang closely associated with the top brass of such gang and was involved in various nefarious activities, without specifying instances would not cement such allegations into a concrete form. Read more
[Pune Porche Accident Case] Bombay HC denies anticipatory bail to co-accused minor’s father, who changed blood samples
In the present case, applicant was one of the accused persons concerning FIR dated 19-05-2024, registered at Police Station Yerawada, District Pune, for offences under Sections 304, 338, 337, 427, 279, 120-B, 201, 213, 214, 466, 467, 468, 471, and 109 read with Section 34 of the Penal Code, 1860 (‘IPC’) and Sections 7, 7-A, 8, 12, and 13 of the Prevention of Corruption Act, 1988 and Sections 184, 185, 3(1) 180, 5(1) 171, 119-A, and 199/177 of the Motor Vehicles Act, 1988. A Single Judge Bench of Manish Pitale, J., opined that the deception in the present case was practised by labeling the subject blood sample as that of the minor son of applicant, while it was the blood sample of co-accused Ashish Mittal, thus, applicant was part of the conspiracy under Section 120-B of IPC. The Court opined that there was a strong prima facie case made out against applicant for offence committed under Section 467 of IPC read with Section 46417 of IPC. Read more
Calcutta HC grants bail to accused under NDPS Act due to failure in filing FLS Report within 180 days
In a bail application filed by the petitioner accused of committing offences under the Narcotic Drugs and Psychotropic Substances Act, 1985 (‘NDPS Act’) based on the fact that non-filing of the FSL Report within 180 days made the charge sheet invalid, a Division Bench of Arijit Banerjee* and Apurba Sinha Ray, JJ. granted bail to the petitioner and held that upon expiry of 180 days, the petitioner became entitled to statutory bail/default bail. Read more
Mere allegations of close association with terrorist gang without specific evidence is insufficient; Jharkhand HC grants bail to UAPA accused
In an appeal by the appellant-accused against the order dated 22-03-2024, passed by AJC-XVI-cum-Special Judge, NIA, Ranchi, whereby the accused’s bail was rejected, the Division Bench of Rongon Mukhopadhyay and Deepak Roshan, JJ., stated that that the allegations against the accused itself were vague and generalized. The accused’s involvement in terrorist activities had to be founded upon specific evidence. Merely, alleging that the accused was a member of a terrorist gang closely associated with the top brass of such gang and was involved in various nefarious activities, without specifying instances would not cement such allegations into a concrete form. Read more
Surety can only be waived if circumstances so warrant; Delhi High Court modifies bail conditions for Nigerian Nationals charged under NDPS Act
The applications were filed by the petitioners, Nigerian nationals facing charges under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 seeking modification of the conditions imposed upon them for grant of regular bail as they are not able to fulfil the conditions imposed by the court in their respective bail orders. Anup Jairam Bhambhani, J., held that there is no basis or justification to allow their prayers for waiver of surety, or for accepting cash in lieu of surety, however, as a measure of abundant accommodation modified the petitioners’ bail conditions as follows: Petitioner 1 was permitted to furnish a personal bond with 01 surety in the sum of Rs. 40,000/- (instead of 02 sureties in the sum of Rs. 1,00,000/-); and Petitioner 2 was permitted to furnish a personal bond with 01 surety in the sum of Rs. 25,000/- (instead of 01 surety in the sum of Rs. 1,00,000/-). Read more
Burning dead body inside someone’s house without proper rites is disrespectful & desecratory; Rajasthan High Court denies bail
In an application for bail where the petitioners were accused of trespassing the complaint’s house, vandalized the property and set deceased’s body on fire inside the house in the name of following a tribal or customary practice, “Mautana” (compensation to the deceased’s family), a single-judge bench of Rajendra Prakash Soni, J., denied bail due to the serious nature of the offence, especially in the face of harmful tribal practices and severe criminal behavior, the involvement of a large group, and the potential for witness intimidation. Read more
Electricity Law
Delhi High Court upholds power allocation between Madhya Pradesh and Chhattisgarh under MP Reorganisation Act, 2000
A petition was filed by the Madhya Pradesh State Electricity Board (MPSEB) seeking relief against the provisional power allocation made by the Union of India under the Madhya Pradesh Reorganization Act, 2000, which they claimed unfairly disadvantaged Madhya Pradesh by allocating an insufficient share of power from the Central and State sectors and in favor of Chhattisgarh. Prateek Jalan, J., held that the provisional allocation was in accordance with the legal framework established under the Act, and while Madhya Pradesh’s concerns were acknowledged, the allocation was deemed fair and proportionate based on the criteria applied, with no further relief being granted. Read more
Negotiable Instruments Act
Illegal and immoral transaction like bribe does not constitute legally enforceable liability; cannot give rise to criminal liability under NI Act: Punjab and Haryana HC
In an appeal filed for setting aside the impugned judgment dated 15-01-2020, passed by Judicial Magistrate, First Class, Ferozepur (‘the Trial Court’), whereby the respondent was acquitted of the charges in a complaint filed under Sections 138 and 142 of the Negotiable Instruments Act, 1881 (‘the NI Act’), the Single-Judge Bench of Manjari Nehru Kaul, J., stated that a payment made as a bribe, being an illegal and immoral transaction, did not constitute a legally enforceable liability. Thus, the trial Court correctly concluded that no legally enforceable debt existed in this case, and the cheque issued in furtherance of an unlawful act could not give rise to criminal liability under the NI Act. Read more
Public Interest Litigation
J&K High Court treats Social Media letter on non-recruitment for Gazetted posts in Ladakh as PIL
In a letter addressed to the Chief Justice of J&K High Court, surfacing on social media, raising concern about the lack of recruitment for gazetted cadre posts in the Union Territory (UT) of Ladakh over the past five years, thereby, causing distress and uncertainty among the educated youth of Ladakh, a Division bench of Tashi Rabstan, CJ., and Puneet Gupta, J., directed that the concern letter be treated as a Public Interest Litigation (PIL). Read more
Reservation policy for transgender community
J&K High Court seeks Govt’s response on reservation policy for transgender community in J&K
In a Public Interest Litigation concerning the rights and welfare of transgender community in the Union Territories of Jammu & Kashmir (J&K) and Ladakh, focusing on access to medical care, pensionary benefits, and possible reservations in the public sector, a Division bench of Tashi Rabstan, CJ., and Puneet Gupta, J., sought compliance and action plans from the authorities to ensure the transgender community’s rights and welfare are adequately addressed. Read more
Abetment to suicid
Heated exchange between couple/family members over meal preparation not sufficient to prove abetment to suicide: J&K High Court
In an appeal against acquittal on the ground that the evidence presented is sufficient to convict the accused for abetment of suicide, a single-judge bench of M.A. Chowdhary, J., upheld the trial court’s judgment based on the lack of direct or strong circumstantial evidence to connect the respondents’ actions to the suicide. Read more
Right of residence
‘No absolute right of residence can be claimed by wife’; Delhi High Court upholds order dispossessing wife from shared household
In a petition filed under Section 482/483 of Criminal Procedure Code, 1973 (‘CrPC’) read with Article 227 of the Constitution filed to set aside the orders dated 20-08-2020 passed by Sessions Judge and 21-12-2019 passed by Metropolitan Magistrate, Neena Bansal Krishna, J., stated that it was evident that no absolute right of residence could be claimed by the wife. The Court observed that the Metropolitan Magistrate while maintaining a balance between the rights of the wife, husband and his family, also being cognizant that the property was owned by the father-in-law who cannot be made to suffer in his heydays, had directed that alternate Flat in the same colony on rent might be made available to the wife. Read more
Multiple marriage registrations
Multiple marriage registrations by a Muslim male allowed under Maharashtra Regulation of Marriage Bureaus and Registration of Marriages Act, 1998: Bombay High Court
The present writ petition was filed for a direction to Respondent 2 to grant petitioners marriage certificate pursuant to his application dated 06-02-2023 and to quash and set aside the impugned order by which the application for registration of Petitioner 2’s third marriage, who was a Muslim, was rejected. The grounds of rejection were that the relevant documents were not furnished and that under the Maharashtra Regulation of Marriage Bureaus and Registration of Marriages Act, 1998 (‘the 1998 Act’), and the definition of the word “marriage” in Section 2(b) contemplated only a single marriage and not multiple marriages. Read more
Chamber allotment
Prior knowledge about chamber allotment vacancies suggests a breach of transparency; Delhi High Court upholds re-allotment
A petition was filed challenging the decision of the Chamber Allotment Committee, Saket District Courts, regarding the re-allotment of Chamber on a double-occupancy basis within the Saket Court Lawyers Chamber Block previously allotted to other advocates, now re-allotted to respondents 4 and 5, without due consideration of the petitioner’s application. Sanjeev Narula, J., held that it does not find sufficient reason to set aside the allotment made to respondents 4 and 5, however directed the Committee to take due note of the concerns raised in this petition and ensure that future vacancies are transparently notified to all members, to maintain fairness and avoid similar grievances. Read more
Right to Information Act
Delhi Police Special Branch Manual falls squarely within the exemptions provided under S. 8(1)(a) of Right to Information Act: Delhi High Court
In a writ petition filed by the petitioner in furtherance of his Right to Information (‘RTI’) application dated 02-02-2016 wherein information was sought on six different queries, a Single Judge Bench of Sanjeev Narula, J. held that the decision of the CIC to exempt the disclosure of classified information under the Right to Information Act, 2005 (‘RTI Act’) was well founded and justified and thus, opined that the information sought under query no. 3 fell within the scope of exempt information under Section 8(1)(a) of the RTI Act. Read more
Departmental proceeding
Punjab and Haryana HC upholds dismissal from service of a conductor who was implicated in 52 departmental proceedings
In a petition filed under Article 226/227 of the Constitution to set aside the order dated 11-11-1998 and award dated 07-06-2000, whereby the Labour Court had upheld the inquiry conducted by the respondent, Jagmohan Bansal, J., observed that the petitioner was implicated in 52 departmental proceedings and subjected to different punishments. In many cases, he was guilty of embezzlement of funds. The Court stated that punishment for minor or major misconducts on 52 occasions and commission of offence even during the pendency of departmental proceedings indicated that petitioner was an incorrigible employee and question of disproportionate punishment could be considered, had he not been involved in any other offence. Read more
Staff Service Commission Exam
Delhi High Court questions SSC’s exam for testing candidates’ abilities through trivial questions like the use of ‘OKEY’ as a vulgarism of ‘OKAY’
An appeal was filed by Staff Service Commission (SSC) (appellants) challenging the judgment dated 16-02-2024, passed by a Single Judge in a petition wherein a candidate (respondent) had contested the accuracy of the final Answer Key for the Combined Graduate Level Examination (CGLE) Tier-II, 2023, leading to a partial ruling in their favor regarding one of the disputed questions. A division bench of C. Hari Shankar and Sudhir Kumar Jain, JJ., upheld the impugned order and chose not to interfere with the impugned judgment of the Single Judge insofar as it has allowed the challenge raised by the respondent regarding Question ID X. Read more
Service Law
‘Failed to establish that unauthorized absence was wilful and deliberate’; Chhattisgarh HC orders reinstatement of police constable dismissed for his unauthorized absence from duty
In a petition filed for quashing the impugned orders dated 02-02-2019 and 18-02-2016 and directing the respondent authorities to reinstate the petitioner in service, Sachin Singh Rajput, J., stated that though there was a finding that the petitioner remained in unauthorized absent, but the enquiry officer, disciplinary authority and appellate authority failed to give a positive finding that the unauthorized absence of petitioner was wilful and deliberate. The charges levelled against the petitioner also did not reflect the same. Rather, the petitioner had taken a specific defence that his wife was seriously ill and was under medical treatment for a long time and ultimately, she passed away. Read more
Delhi HC directs Union to grant retrospective seniority to CRPF Inspector who regained SHAPE-I Medical Category after being temporarily unfit
In a petition filed under Article 226 by an Inspector/GD in the Central Reserve Police Force (‘CRPF’) for quashing orders dated 19-04-2023, 25-04-2022, and 09-08-2022 and to direct the respondents to promote him to the rank of Assistant Commandant with seniority at par with his batchmates, a Division Bench of Navin Chawla and Shalinder Kaur*, JJ. set aside the impugned orders and directed the respondents to grant retrospective seniority to the Inspector along with all the consequential benefits. Read more
Inherent powers of High Court
Textbook example of how the affluent people try to flout the law; Delhi High Court dismisses S. 482 CrPC petition
A petition was filed under Section 482 of Criminal Procedure Code (‘CrPC’) read with Article 227 seeking to quash the First Information Report (‘FIR’) dated 14-06-2015 registered at by the respondent 2 at Police Station — Rohini under Sections 498-A, 406 and 323 of Penal Code, 1860 (‘IPC’). Chandra Dhari Singh, J., dismissed the petition and cautioned that while exercising powers under Section 482 CrPC, the courts must refrain from interfering in genuine cases, especially where allegations are serious in nature, unless it is a clear case of abuse of process or if the complaint is frivolous or malicious. Read more
All India Services (Discipline and Appeal) Rules, 1969
‘Reasons required by Rule 9(1) cannot be left in realm of conjecture and surmise’; Delhi HC concurs with CAT to quash decision of Disciplinary Authority
In a petition filed under Article 226 of the Constitution to challenge the judgment dated 07-11-2019 passed by the Central Administrative Tribunal (‘CAT’) whereby the decision of the Disciplinary Authority to remit the matter to the Inquiry Officer (‘IO’) for a fresh inquiry was quashed and set aside, a Division Bench of C. Hari Shankar* and Sudhir Kumar Jain, JJ. concurred with CAT in its finding that the justification provided in the order dated 23-12-2016 was not sustainable in law and therefore refused to interfere with the impugned judgment. Read more
Bahraich Violence
[Bahraich Violence] Allahabad High Court grants 15 days to accused persons to respond to Demolition Notices issued by UP Government
In a public interest litigation filed by Association for Protection of Civil Rights (‘APCR’), challenging Uttar Pradesh Government’s proposed action to demolish properties of accused persons in Bahraich violence case, in the special Sunday sitting the division bench of Attau Rahman Masoodi and Subhash Vidyarthi, JJ. after noting that earlier the occupants had been given only three days to respond to the notices that were pasted on their houses on 18-10-2024, granted the affected persons 15 days from the date of this order to respond to the Demolition Notices issued by the UP Government. Read more
Arbitration
Delhi High Court refuses to interfere with Award passed by Arbitral Tribunal in petition by the Airports Authority of India
In a batch of petitions filed by the Airport Authority of India (‘AAI’) under Section 34 of the Arbitration and Conciliation Act, 1996 (‘Act’) to challenge the awards dated 16-07-2022 as corrected in terms of Section 33 of the Act by an order dated 29-08-2022 for Mumbai International Airport Ltd. (‘MIAL’), a Single Judge Bench of Yashwant Varma, J. perused the majority as well as the minority opinion rendered in the award and found no grounds to interfere with the same. Read more
Delhi High Court impleads non-signatories as ‘veritable parties’ in arbitration proceedings for having substantial involvement in fulfilling terms of MoS
In a petition filed under Section 11(5) of the Arbitration and Conciliation Act, 1996 (‘Act’) to implead respondents 2 to 5 in the arbitration proceedings, a Single Judge Bench of Jasmeet Singh, J. held that the petitioners had made a prima facie case for their impleadment as veritable parties for the adjudication of disputes and hence, referred them to arbitration. Read more
Injunction
Madras HC issues interim injunction against Annamalai Digital prohibiting defamatory publications about former Army personnel until next hearing
In an application filed by a former army personnel (applicant) , praying to grant an order of temporary injunction restraining Annamalai Digital India Private Limited (Media house) their agents, servants, employees or anyone claiming under or through them, either directly or indirectly, from making, printing, writing, posting, publishing any defamatory allegations or articles and slanderous material about the him in newsprint, electronic, digital, their website, application or any other platform, pending disposal of the suit, RMT. Teekaa Raman, J. viewed that the articles published by the Media House are indeed defamatory and assassinating the character and conduct of the applicant. Hence, the applicant has demonstrated a prima facie case, and the balance of convenience in his favour and if interim injunction is not granted, he will be put to irreparable loss. Thus, the Court issued an interim injunction restraining the Media House from making, printing, writing, posting, or publishing any defamatory allegations or slanderous material about the applicant in newsprint, electronic, digital, their website application, or any other platform until 11-11-2024. Read more
Delhi High Court grants permanent injunction to Sporta Technologies, ruling against ‘Dream11’ logo infringement
A suit was filed by Sporta Technologies Pvt. Ltd. (plaintiff) seeking permanent injunction restraining the defendants for alleged unlawful activities of the defendants, specifically the operation of a website that closely mimics the plaintiffs’ established fantasy sports platform, “DREAM11”. Amit Bansal, J., restrained (defendant 1), along with its representatives, from using the marks ‘Dream 11’, its logos, or any deceptively similar variant as a trademark, trade name, domain name, or part of their email addresses, as this amounted to infringement of the plaintiffs’ trademarks and passing off the defendant’s services as those of the plaintiffs. Read more
MP Reorganisation Act, 2000
Delhi High Court upholds power allocation between Madhya Pradesh and Chhattisgarh under MP Reorganisation Act, 2000
A petition was filed by the Madhya Pradesh State Electricity Board (MPSEB) seeking relief against the provisional power allocation made by the Union of India under the Madhya Pradesh Reorganization Act, 2000, which they claimed unfairly disadvantaged Madhya Pradesh by allocating an insufficient share of power from the Central and State sectors and in favor of Chhattisgarh. Prateek Jalan, J., held that the provisional allocation was in accordance with the legal framework established under the Act, and while Madhya Pradesh’s concerns were acknowledged, the allocation was deemed fair and proportionate based on the criteria applied, with no further relief being granted. Read more
