ANIMALS, BIRDS, AND FISH
KERALA HIGH COURT | Extensive directions issued for welfare and protection of captive elephants
In a suo moto public interest litigation proceedings regarding the exploitation of captive elephants in Kerala, the division bench of Dr A.K. Jayasankaran Nambiar and Gopinath P., JJ., issued a slew of detailed directions complimenting the Kerala Captive Elephants (Management and Maintenance) Rules, 2012 (‘the 2012 Rules’) and the directions issued by the Supreme Court in Wildlife Rescue & Rehabilitation Centre v. Union of India, (2016) 1 SCC 716 (‘Supreme Court directions’). Read more HERE
MEGHALAYA HIGH COURT | ‘Street Dogs pose a menace to the public’: State directed to acquire dog shelters for vaccinated and sterilized stray dogs
In a PIL filed regarding the growing menace of stray dogs and relocation of Shillong Zoo, the division bench of I.P. Mukherji, CJ., and W. Diengdoh, J., held that the action of the State to shift the animals to a more suitable location is satisfactory and directed the State to file an action taken report on acquiring dog shelters for vaccinated and sterilized stray dogs by February of next year. Read more HERE
APPLICATION UNDER ARTICLE 227
ORISSA HIGH COURT | SBI directed to pay Rs. 1 Lakh compensation for not returning title deeds of mortgaged property after loan settlement
In an application under Articles 226 and 227 of the Constitution seeking a direction to the State Bank of India (‘Bank’) for returning the original mortgaged title deeds submitted by the petitioner at the time of availing the loan, Dr. SK Panigrahi, J. allowed the petition and directed the Bank to return title deeds of the petitioner forthwith, at any rate within one month. The Court stated that after his retirement, the petitioner was forced to endure daily struggles to recover his original documents, facing undue hardship and inconvenience, hence the Bank was directed to pay Rs. 1,00,000/- as compensation. Read more HERE
ARBITRATION AND CONCILIATION
CALCUTTA HIGH COURT | West Bengal Govt. injuncted from creating any 3rd party interest during pendency of proceedings over ₹2171 crore Essex arbitral award
A petition was filed by Essex Development Investments (Mauritius) Limited (award-holder) seeking the execution of an arbitral award amounting to ₹2171,87,68,877 against the award-debtors, Government of West Bengal (award-debtor 1) and WBIDC (award-debtor 2); the bench of Shampa Sarkar, J., while considering the prima facie case, balance of convenience and inconvenience and irreparable loss and injury, and the necessity to protect the subsisting award during the pendency of proceedings; passed interim injunctions for the award-debtors to refrain from transferring or creating third-party interests in their immovable properties and instructed their principal officers to file affidavits of assets, thereby protecting the award-holder’s claim while reserving the final determination of the execution’s maintainability for a later stage. Read more HERE
BAIL
DELHI HIGH COURT | Interim medical bail granted to a Tihar Jail detainee for urgent medical treatment after willful non-compliance of orders by Jail authorities
A petition was filed by the petitioner a detainee in Tihar Jail accused of money laundering, seeking urgent medical assistance due to a serious health condition despite orders passed by the Delhi High Court directing the jail authorities and the respondent department to facilitate medical treatment at a private hospital, the directions were not complied with. Chandra Dhari Singh, J., directed the Jail Superintendent of the jail concerned to be present before the Court on the next date of hearing and explain the willful non-compliance with the orders and the reasons as to why this Court shall not proceed with the contempt proceedings against the officer concerned. Read more HERE
CONTEMPT OF COURT
MADHYA PRADESH HIGH COURT | Lawyers’ strike: Contempt proceedings against MP Bar Council members discharged following an unconditional apology
In a suo motu Public Interest Litigation concerning a strike called by the State Bar Council of Madhya Pradesh, a Division bench of Suresh Kumar Kait,* CJ., and Vivek Jain, J., accepted the apology and the responsibility assumed by the State Bar Council for the strike and discharge the contemnors from the contempt proceedings. Read more HERE
CRIMES AGAINST WOMEN
DELHI HIGH COURT | ‘Once decision is made, compensation cannot be arbitrarily reduced below minimum threshold’; Acid attack victim directed to be awarded 3 lakhs as compensation
In a writ petition filed by an acid attack victim who agreed to sell her property to a third party (accused) in 2017 for seeking directions to the respondents to provide interim compensation amounting to Rs. 3,00,000/- as per the Delhi Victim Compensation Scheme, 2015 (‘Scheme’), a Single Judge Bench of Tara Vitasta Ganju, J. allowed the prayer of the victim and directed respondent 4 to award the minimum compensation of Rs. 3 lakhs to her after deducting the interim compensation already awarded, within eight weeks. Read more HERE
CRIMINAL LAW
JHARKHAND HIGH COURT | Apprehension in victim’s mind about use of criminal force by gesture sufficient; actual use of criminal force not required to attract Section 353 of IPC, conviction upheld
In a criminal revision petition against the judgment dated 09-06-2017, passed by the Additional Sessions Judge 1st, Bokaro (‘the appellate court’), whereby the conviction of the petitioner-accused under Sections 353, 504/34 of the Penal Code, 1860 (‘IPC’) was affirmed, the Single Judge Bench of Anubha Rawat Choudhary, J.*, stated actual use of criminal force was not a condition precedent to attract Sections 351 and 353 of IPC. Apprehension in the mind of the victim about use of criminal force created by gesture of the accused was sufficient. Such apprehension was reflected by the action, reaction and follow up action of the victim to tackle the situation and one such action was to call police to handle the situation when the public servant failed to persuade the accused person. Accordingly, the Court opined that the judgement passed by both the courts convicting the accused under section 353 and 504 IPC did not call for any interference. Read more HERE
DEATH BY NEGLIGENCE
CHHATTISGARH HIGH COURT | Compensation of around Rs. 10 lakhs upheld to be payable by State Power Company to deceased’s family, who died due to electric shock in bathroom
In an appeal challenging the legality and validity of the judgment and decree dated 28-2-2023, whereby Respondents 2 to 10 were held entitled for a total compensation of Rs.10,37,680 from Appellants 1 and 2, the Division Bench of Rajani Dubey* and Sanjay Kumar Jaiswal, JJ., stated that from overall evidence on record, it could be observed that the appellants had failed to prove any negligence on the part of the deceased or the respondents which led to the unfortunate death of Respondent 1’s wife. The Trial Court after due appreciation of the oral and documentary evidence on record gave a finding the respondent’s favour. Read more HERE
EDUCATION LAW
DELHI HIGH COURT | Courts may not interfere in cases where sufficient reasons are contained in Medial Report; Ineligibility of medical aspirant upheld
In an appeal filed under Clause X of the Letters Patent Act, 1866 challenging the judgement dated 10-09-2024, the Division Bench of Manmohan CJ., and Tushar Rao Gedela, J.*, stated that it was apparent that in the present case, there were sufficient reasons contained in the medical opinion of the Medical Disability Board/Disability Assessment Board, the Courts might not interfere. Only when the said Medical Report lacks clarity in terms of detailed reasons, would the Court examine such Medical Reports. Thus, the Court stated that in the present case the medical opinion rendered by the Court constituted Medical Boards of AIIMS, New Delhi had sufficiently explained the reasons for concluding that the appellant was ineligible to be admitted to the MBBS Course. Read more HERE
ELECTION LAW
RAJASTHAN HIGH COURT | Class 10 marksheet, being a public document under Section 35 of Evidence Act, more credible than school admission forms
In an election petition filed by Respondent No. 1 under Section 43 of the Rajasthan Panchayati Raj Act, 1994 (the Act) against the petitioner who is elected as Sarpanch of Gram Panchayat Bhuriyawas, District Alwar, alleging disqualification based on the “two-child norm” under Section 19(l) of the Act, a single-judge bench of Anoop Kumar Dhand, J., upheld the Election Tribunal’s decision and affirmed the petitioner’s disqualification for the post of Sarpanch due to violation of Section 19(l) of the Act. Read more HERE
ENVIRONMENT LAW
MEGHALYA HIGH COURT | State directed to ban manufacturing, marketing & use of plastic with less than 120-micron
In a public interest litigation seeking a total ban on plastic in the State of Meghalaya, the Division Bench of I.P. Mukerji, Chief Justice, and W. Diengdoh, J. directed the State to issue administrative orders effectively banning the manufacture, marketing, and use of plastic of less than 120-micron width; and to seize these materials from manufacturers, distributors and users. Read more HERE
INTELLECTUAL PROPERTY RIGHTS
DELHI HIGH COURT | Counterfeiters restrained from infringing and passing off Louis Vuitton trade mark
In a commercial suit seeking permanent injunction restraining the defendants from infringing the trade marks of Louis Vuitton (‘LV’) and passing off their goods and services, the Single Judge Bench of Amit Bansal, J., held that the defendants have infringed the trade mark of Louis Vuitton and decreed the suit accordingly. Read more HERE
BOMBAY HIGH COURT | Temporary injunction granted to Metro Brands Ltd. for mark ‘MOCHI’ against mark ‘DESIMOCHI’; declares ‘MOCHI’ as a well-known mark
In the present case, the applicant sought an injunction restraining the defendants from infringing the applicant’s registered trademarks, i.e., the ‘MOCHI’ marks using the impugned mark ‘DESIMOCHI’ and/or any other marks identical or deceptively similar to the registered mark of the applicant. Further, relief was sought to refrain defendants from passing off defendants’ goods/services as those of applicant’s and for ancillary reliefs. Read more HERE
PIL
GAUHATI HIGH COURT | State of Nagaland directed to file of affidavit regarding availability of Blood Banks and Blood Storage Units in 17 districts
The present PIL was filed with one of the specific prayer to issue orders and directions to respondents to improve hospital infrastructures in the District Hospitals of Peren, Kiphire, Longleng, and Noklak for storing blood. The Division Bench of Soumitra Saikia* and Kaushik Goswami, JJ., directed Respondents 1, 2, 3, and 4 to file a detailed affidavit in relation to the status of existence or the availability of Blood Banks and Blood Storage Units in all the 17 districts of the State of Nagaland. Read more HERE
PMLA
MADHYA PRADESH HIGH COURT | Custodial statements under Section 50 PMLA are inadmissible; Bail granted
In a bail application filed under Section 439 CrPC (Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023) and Section 45 of the Prevention of Money Laundering Act, 2002 (PMLA), a single-judge bench of Prakash Chandra Gupta, J., held that the applicant’s arrest violated Section 19 of PMLA, and the twin conditions under Section 45 of PMLA were not satisfied and granted bail on the grounds of procedural non-compliance and lack of substantive evidence. Read more HERE
POCSO
DELHI HIGH COURT | FIR quashed in rape, kidnapping & POCSO case following marriage and mutual settlement
A petition was filed by the petitioner under Section 528 of BNSS (erstwhile Section 482 of CrPC) seeking quashing of FIR registered under Section 363 of IPC, and thereafter, the chargesheet has been filed under Sections 363, 365, 376, 368, 212, 506, 34 Penal Code, 1860 (IPC), and Section 4 of Protection of Children from Sexual Offences (POCSO) Act. Jasmeet Singh. J., quashed the FIR and proceedings as quashing of such proceedings on account of compromise would bring about peace and would secure ends of justice. Read more HERE
PRACTICE AND PROCEDURE
MADRAS HIGH COURT | De novo investigation ordered after IO reveals forgery; Transfers case to CBCID
In a criminal original petition filed under Section 482 of Criminal Procedure Code, 1973 (‘CrPC’) to call for the records of the final report on the file of the Judicial Magistrate, and for a consequential direction to transfer the investigation to Crime Branch-Crime Investigation Department (‘CBCID’) to conduct a de novo investigation and to file a final report, N. Anand Venkatesh, J. ordered a de novo investigation into a case after the Investigation Officer disclosed that she had not conducted the investigation and that her signature on the final report had been forged. Further, the Court transferred the investigation from the Inspector of Police to the CBCID. Read more HERE
DELHI HIGH COURT | [Right to be Forgotten] Directed masking of the name of accused in quashed FIR from case records and online search results
A petition was filed seeking issuance of directions to the registry to mask the name of the petitioner from the order and the pleadings that were filed in the case including the order dated 10-05-2024. Amit Mahajan, J., directed the registry to mask the petitioner’s name and that of Respondent 2 from the records and search results of the case. The Court also ordered that the parties be referred to as “ABC” and “XYZ,” respectively, in all pleadings and orders. Additionally, the petitioner was permitted to approach public search engines and other portals to ensure the removal of identifiable details from online platforms. Read more HERE
DELHI HIGH COURT | CISF appointment allowed for candidate facing serious criminal charges pending final outcome
A petition was filed by a successful candidate for the post of Constable DCPO in the Central Industrial Security Force (CISF), seeking the quashing of the letter dated 03-09-2024, which declared him “unsuitable” for employment on the grounds that the criminal case pending against him had been stayed, thus, violating the principle of presumption of innocence, as the case was yet to be adjudicated. A division bench of Navin Chawla and Shalinder Kaur, JJ., sets aside the impugned letter and allowed candidate to join the post of Constable DCPO in the CISF subject to the outcome of the criminal case arising out of the FIR dated 30-08-2023, registered at Police Station Nakhasa, District Sambhal (Uttar Pradesh) under Sections 376, 377, 354, 364, 511, 323, 504, 506 and 452 of Penal Code, 1860. Read more HERE
QUASHING OF COMPLAINT
MADHYA PRADESH HIGH COURT | ‘Judicial forum not for harassing a person, but to protect right of parties’; JMFC order for registering FIR quashed
In a writ petition filed seeking the quashment of Judicial Magistrate’s order dated 10-08-2023 which directed the police to register an FIR under Section 156(3) of CrPC and quashment of original complaint dated 23-01-2023, a single-judge bench of Sanjay Dwivedi, J., quashed the impugned order and the complaint, emphasising on the misuse of judicial processes and non-disclosure of material facts. Read more HERE
RAPE
BOMBAY HIGH COURT | ‘Relationship gone wrong and sour’; Bombay HC quashes case under S.376(2)(n) IPC against advocate
In the present case, the petitioner faced charges for offences punishable under Sections 376(2)(n), 504, and 506 of the Penal Code, 1860 (‘IPC’), pursuant to the filing of FIR by the complainant-Respondent 2. The Division Bench of Bharati Dangre and Manjusha Deshpande, JJ., opined that from the complaint itself, it was evident that, the petitioner, and Respondent 2, being two consenting adults had indulged in a relationship, that had gone wrong and sour, as a result, the respective parties had filed criminal proceedings against each other. The Court thus held that the allegation by Respondent 2 of Section 376(2)(n) along with Sections 504 and 506 of IPC were not made out. Read more HERE
KERALA HIGH COURT | Single Judge’s order denying termination of a 26-week pregnancy for minor rape victim due to absence of psychologist on Medical Board set aside
In an appeal filed under Section 5 of the Kerala High Court Act, 1958 challenging the judgment and order, wherein the Single Judge rejected the Petitioner’s request, the mother of the minor survivor girl, to medically terminate her pregnancy, Nitin Jamdar, CJ., and S. Manu, J. permitted the petitioner to go ahead with the medical termination of the pregnancy of her minor daughter as per the opinion of the Medical Board and that of the Psychiatrist. Read more HERE
ALLAHABAD HIGH COURT | Seven acquitted in 2004 rape and kidnapping case; Possibility of victim’s involvement in crime raised
In a batch of criminal appeals arising out of a judgment and order of conviction and sentence passed by the Trial Court against the convicts under Sections 363, 366, 368, and 376(g) of the Penal Code, 1860 (‘IPC’), the division bench of Ashwani Kumar Mishra* and Dr Gautam Chowdhary, JJ., acquitted seven convicts who were convicted in connection with a July 2004 case of kidnapping and rape of a minor girl. The Court observed the victim was herself implicated in a separate kidnapping case involving a minor boy, and the Court found that the allegations against the accused were part of an effort to shield her from liability in that case. Read more HERE
SERVICE LAW
ALLAHABAD HIGH COURT | Dependent widowed daughter is still daughter and falls within ambit of ‘dependent family’, eligible for compassionate appointment
In a writ petition, a widowed daughter (‘petitioner’) seeking compassionate appointment challenged the judgment & order passed by the Central Administrative Tribunal (‘the Tribunal’), dismissing her application for compassionate appointment based on being a widowed daughter, she also challenged the direction/instructions issued by the Assistant General Manager (Recruitment), Bharat Sanchar Nigam Limited (‘BSNL’) which states that widow daughter of the deceased employee cannot claim compassionate appointment. The division bench of Ranjan Roy and Om Prakash Shukla*, JJ., held that a widowed daughter falls under the ambit of ‘daughter’ if she was dependent upon her deceased father or mother on the date of his/her death. The Court directed BSNL to consider the petitioner’s claim for compassionate appointment per the weightage point system. Read more HERE
TELANGANA HIGH COURT | Section 10-A of Telangana (Regulation of Appointments to Public Services and Rationalization of Staff Pattern and Pat Structure) Act, 1994 declared as ultra vires
In the present case, a batch of petitions were filed under Article 226 of the Constitution, wherein petitioners challenged the constitutional validity of Section 10-A of the Telangana (Regulation of Appointments to Public Services and Rationalization of Staff Pattern and Pat Structure) Act, 1994 (‘the 1994 Act’), whereby respondents sought to regularize the alleged illegal appointments made on contract basis. The Division Bench of Sujoy Paul* and Namavarapu Rajeshwar Rao, JJ., held that the insertion of Section 10-A was contrary to the intent and scope of Section 101 of the Andhra Pradesh Reorganisation Act, 2014 (‘the Reorganisation Act’) and since Section 10-A runs contrary to Section 101 of the Reorganisation Act and Andhra Pradesh Intermediate Education Service Rules (‘the Education Service Rules’), it could not sustain judicial scrutiny. The Court, therefore, held that Section 10-A was ultra vires in nature and was accordingly liable to be set aside. Read more HERE
PUNJAB AND HARYANA HIGH COURT | ‘No reason to interfere with dismissal at belated stage, especially when conduct not above board’; Police constable’s dismissal made in 1995 for relations with extremist group upheld
In a petition filed under Article 226/227 of the Constitution seeking to set aside the orders dated 09-10-1995, whereby he was dismissed from service, Jagmohan Bansal, J., stated the petitioner was dismissed from service in 1995 and a period of almost three decades had passed away. At this belated stage, especially when the conduct of the petitioner was not above the board, there seems no reason to interfere with concurrent findings recorded by different authorities under Punjab Police Act, 1861 read with Punjab Police Rules, 1934. Accordingly, the Court dismissed the present petition. Read more HERE
