BAIL
GUJARAT HIGH COURT | Anticipatory bail to Bhupendrasinh Zala accused of financial fraud worth Rs 360 Crores, denied
In an anticipatory bail application filed by businessman Bhupendrasinh Parbatsinh Zala under Section 482 of the Bharatiya Nyaya Sanhita, 2023, a Single Judge Bench of M.R. Mengdey, J., denied the application holding that according to the investigation done so far, it appeared that a large-scale scam was committed by Bhupendrasinh wherein a large number of people had been duped by him. Read more here
MADRAS HIGH COURT | Bail to temple activist Rangarajan Narasimhan in two FIRs relating to video against Deputy CM Udhayanidhi Stalin
In a criminal original petition filed by temple protection activist Rangarajan Narasimhan, seeking interim bail in two FIRs, the Single Judge Bench of Justice V. Lakshminarayanan granted bail to him in both the cases. Read more here
J&K AND LADAKH HIGH COURT| Criminal Courts to “remain sensitive” and avoid “Copy-Paste Syndrome” while deciding Bail matters
While deciding a bail application, a single-judge bench of Sanjay Dhar, J., highlighted the need for sensitivity and accuracy in judicial proceedings, thereby ensuring justice aligns with the fundamental rights of individuals. Read more here
CRIMES AGAINST WOMEN AND CHILDREN
DELHI HIGH COURT | Specific directions on free medical treatment to rape, acid attack, and POCSO case victims/survivors by all public/private hospitals, issued
In a criminal appeal filed under Section 415 read with 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’) by accused who was alleged to have repeatedly committed penetrative sexual assault upon the survivor, a Division Bench of Pratibha M. Singh* and Amit Sharma, JJ. was informed that the survivor could not avail free medical treatment without repeated intervention by the Delhi State Legal Services Authority (‘DSLSA’). Thus, the Court reiterated the legal position and issued specific directions in this regard. Read more here
DISASTER MANAGEMENT
KERALA HIGH COURT | State allowed to acquire Nedumpala estate and Elstone tea estate in Wayanad for rehabilitation of Landslide victims under Disaster Management Act
In a writ petition filed against the Government order (‘GO’) by which the Government has decided to take over the private properties under the provisions of the Disaster Management Act, 2005 (DM Act, 2005) 2005, for the purpose of setting up a model township for the rehabilitation of persons who were affected by the landslide, the single judge bench of Kauser Edappagath, J. held the following: Permitted the State Government to proceed further with GO to take over the subject properties for rehabilitation/reconstruction of landslide victims in accordance with law. Directed the State to determine the total amount of compensation to be awarded to the petitioners for taking over/acquiring the subject properties in accordance with the provisions of the Land Acquisition, Rehabilitation, and Resettlement (LARR) Act, 2013. Directed that the compensation amount be paid to the petitioners before taking possession of the land. Read more here
FAMILY LAW
PUNJAB AND HARYANA HIGH COURT | ‘Allowing such petitions would promote bigamy’; Police protection to live-in couple where one of them was married & had kids, refused
In a criminal writ petition filed by the petitioners, living together in live-in relationship, seeking directions to the State for the protection of their life and liberty, the Single Judge Bench of Sandeep Moudgil, J., dismissed the application holding that the petitioners could not have entered a live-in relationship while being fully aware that one of them was still married and they did not meet the conditions required for their relationship to be granted sanctity of a relationship akin to marriage. The Court also stated that if such protection was granted it would mean indirectly giving assent to such a relationship which was otherwise illegal as it amounted to bigamy. Read more here
ALLAHABAD HIGH COURT | 35-year-old marriage dissolved over wife’s refusal to cohabit and abandonment of husband for over 23 years
In an appeal filed by a husband under Section 19 of the Family Courts Act, arising from judgment and order passed by Ist Additional District Judge, Ghazipur in Divorce Petition, whereby the Court has dismissed the divorce suit instituted by him, the division bench of Saumitra Dayal Singh and Donadi Ramesh, JJ. while setting aside the impugned judgment, dissolved the marriage between the parties, and said that given that the parties have lived separately for more than 23 years and barely cohabited during their 35 years of marriage, it is evident that the wife is unwilling to revive the matrimonial relationship. Her refusal to live with the husband may itself constitute an act of cruelty, as it appears she is only seeking to maintain the legal fiction of marriage, without any substantial reason to continue the relationship. This conduct of the wife may be seen as contributing to the irretrievable breakdown of the marriage. Read more here
INCOME TAX
KERALA HIGH COURT | Penalty for delay in filing audit report before assessing authority under IT Act can be avoided by demonstrating reasonable cause
A division bench of A.K. Jayasankaran Nambiar* and K.V. Jayakumar, JJ. was hearing a group of I.T. appeals preferred by Co-operative Societies raising common questions of law. The appeals challenged the orders of the Assessing Authority, later upheld by the First Appellate Authority and thereafter by the Appellate Tribunal, imposing penalties on the assessees Societies under Section 271-B of the Income Tax Act, 1961 (‘I.T. Act’) for the alleged breach of the procedural provisions under Section 44-AB of the I.T. Act, owing to the failure of the assessees in filing the audit report within the specified time limit. Finding that the assessees had demonstrated reasonable cause for the delay in filing the audit report, the Court allowed the appeals and set aside the impugned orders. Read more here
INVESTIGATION
BOMBAY HIGH COURT | Refused to continue monitoring the murder investigation of CPI leader Govind Pansare; directs Trial Court to expedite hearing
In a criminal writ petition filed by the daughter (Smita Pansare) and daughter-in-law (Dr. Megha Pansare) of Govindrao P. Pansare (‘Govind Pansare’), the deceased leader of Communist Party of India, seeking the appointment of an independent Special Investigation Team (‘SIT’) to investigate the murder of the late politician and monitoring of the said investigation by this Court, a Division Bench of A. S. Gadkari* and Kamal Khata, JJ., held that since that the investigating agency had investigated the allegations of the family, continuous monitoring of the further investigation solely for the arrest of the two absconding accused persons by this Court under Article
IPR
DELHI HIGH COURT | Injunction in favour of Indian fashion designer Rahul Mishra granted against sale of counterfeit dresses
A suit was filed by Rahul Mishra, a leading fashion designer seeking relief of permanent injunction against the defendant 1, seeking to restrain it from infringing the plaintiff’s trademarks and copyright, passing off its goods as that of the plaintiffs’ and other ancillary reliefs. Amit Bansal, J., grants an injunction in favour of the plaintiff. Read more here
DELHI HIGH COURT | Ad interim injunction granted in favour of Novex Communications to restrain ‘Romeo Lane’ owner from infringing copyrights in sound recordings
In a suit filed by Novex Communications Pvt. Ltd. (‘Novex’) seeking permanent injunction to restrain Being FS Pacific Hospitality Pvt. Ltd. (‘Being FS Pacific’) regarding infringement of copyright, damages, rendition of accounts, profits, etc., a Single Judge Bench of Mini Pushkarna, J. granted an ex parte ad interim injunction to restrain infringement of Novex’s copyright in sound recordings which was being done by Being FS Pacific. Read more here
DELHI HIGH COURT | Injunction in favour of Wipro Enterprises Pvt. Ltd. to restrain infringement of trade mark “WIPRO”, granted
In a suit filed by Wipro Enterprises Pvt. Ltd. (‘Wipro’) to seek permanent injunction restraining infringement of its trade mark “WIPRO”, passing off, and unfair trade practice, rendition of accounts, damages, etc., a Single Judge Bench of Mini Pushkarna, J. granted ex parte ad interim injunction to Wipro and restrained Wipro Gas Service along with other defendants from selling supplying, advertising, directly or indirectly dealing in any goods and services under the trade mark “WIPRO” or any other trade mark which may be identical or deceptively similar. Read more here
DELHI HIGH COURT | Injunction protecting Saregama India’s copyrights in cinematic music, granted
A suit was filed by Saregama India Limited (plaintiff) seeking permanent injunction restraining the defendants from infringing its copyright in the sound recordings along with their literary and musical works in 88 cinematograph films. Mini Pushkarna, J., restrained the defendants their directors, partners or proprietors, licensees, assignees, officers, servants, agents, representatives, contractors, sister concerns and any other person working for and on behalf of the defendants from doing any act, including, exploitation/ use of the plaintiff’s copyrighted works, i.e., sound recordings/ songs along with the literary and musical works, which amounts to infringement of the plaintiff’s copyright in the plaintiff’s copyrighted works. Read more here
ORISSA HIGH COURT | Dispute relating to infringement of copyright against a particular person is arbitrable
In an application under Section 11(6) of the Arbitration and Conciliation Act, 1996 for the appointment of an Arbitrator to adjudicate the dispute between the parties concerning infringement of copyright, Chakradhari Sharan Singh, CJ. held that dispute related to the infringement of copyright against a particular person is arbitrable and an arbitrator can be appointed under Section 11 of the Arbitration Act. Read more here
MOTOR ACCIDENT CLAIM
ANDHRA PRADESH HIGH COURT | Compensation in Motor Accident Case, upheld; Allegations of foul play, dismissed
In an appeal filed under Section 173 of the Motor Vehicles Act, 1988 by the appellant challenging the award dated 26-04-2024, passed by the Motor Accidents Claims Tribunal (VIII Additional District Court), Ongole, a division bench of Ravi Nath Tilhari and Challa Gunaranjan, JJ., dismissed the appeal being devoid of merits and upheld the compensation granted by MACT. Read more here
PRACTICE AND PROCEDURE
BOMBAY HIGH COURT | ‘Investigation cannot linger for years’; Mumbai Police rebuked for four-year-long delay in filing charge sheet in fraud case involving 600 investors
In a criminal writ petition filed in an economic offences case, the Division Bench of Revati Mohite Dere and Prithviraj K. Chavan, JJ., heavily criticized the Economic Offences Wing (‘EOW’) of the Mumbai Police for not filing a charge sheet despite the lapse of four years since the registration of the case and accepted the statement of the EOW that the charge sheet would be filed within four weeks. Read more here
PREVENTIVE DETENTION
JHARKHAND HIGH COURT | ‘A citizen’s liberty cannot be curtailed on whims and wishes of State officials’; Preventive detention order under Jharkhand Control of Crimes Act, 2002, set aside
In a criminal writ petition filed under Article
QUASHMENT OF PROCEEDINGS
ANDHRA PRADESH HIGH COURT | NI Act proceedings quashed due to invalid cheque issued from merged bank
A petition was filed under Section 482 of Criminal Procedure Code (CrPC) by the petitioner/accused, seeking to quash the proceedings before Additional Metropolitan Magistrate for the offence punishable under Section 138 read with 142 of the Negotiable Instruments Act, 1881. Venkata Jyothirmai Pratapa, J., quashed the proceedings since the cheque was invalid because it was drawn on the State Bank of Hyderabad, which ceased to exist after merging with the State Bank of India. Read more here
SERVICE LAW
BOMBAY HIGH COURT | Pension granted to former MOIL employee who was denied benefit despite being eligible as he had resigned, not superannuated
In a writ petition filed by a former employee of Manganese Ore (India) Limited (‘MOIL’) challenging the validity of Rule 7 (b) of the MOIL Group Superannuation Cash Accumulation Scheme (Defined Contribution) Rules (‘the Scheme’) whereby he was denied his pension because he had resigned and not superannuated, the Division Bench of Avinash G. Gharote* and Abhay J. Mantri, JJ., held that rule 7(b) was discriminatory and allowed the petition by further holding that he was entitled to the benefits of the said Scheme. Read more here
MP HIGH COURT | Direction for conducting Competency-Based Evaluation test under Pre-Natal Diagnostic Techniques Rules, issued
In a petition where Doctors who completed six months of training, filed intervention applications, seeking to appear in the Competency-Based Evaluation (CBE) test, a division bench of Vivek Rusia and Binod Kumar Dwivedi, JJ., allowed the intervention applications and permitted the interveners to participate in the proceedings. Read more here
ORISSA HIGH COURT | ‘Suppression of criminal antecedents & failure to disclose pending FIRs has significant consequences’; Cancellation of candidature for Junior Overman post, upheld
In a civil writ petition challenging the cancellation of petitioner’s candidature for the position of Junior Overman (Trainee) by the Deputy General Manager, MPP, Recruitment & PR, NLC India Limited, the Single Judge Bench of Dr. SK Panigrahi, J. stated that a candidate who suppresses material information or provides false declarations does not possess an unfettered right to seek appointment. The Court explained that suppression of criminal antecedents and failure to disclose pending FIRs has significant consequences, particularly for positions that demand trust and integrity, hence, the Court dismissed the petition and upheld the impugned cancellation of candidature. Read more here
SIKKIM HIGH COURT | ‘Power to revise penalty after consultation with PSC is on Governor’s discretion’; Order modifying penalty of dismissal from service to compulsory retirement, upheld
In a civil writ petition seeking pension and challenging the order passed by the Secretary to the Government of Sikkim, whereby the earlier order reducing the petitioner’s punishment from dismissal from service to compulsory retirement with compulsory retirement benefits was revoked, the Single Judge Bench of Bhaskar Raj Pradhan, J. explored the jurisdiction and scope of Rule 11 of the Sikkim Government Servants’ (Discipline and Appeal) Rules, 1985 (the Discipline & Appeal Rules). The Bench allowed the petition holding that the impugned order was passed in the teeth of Rule 11 of the Discipline and Appeal Rules, hence, liable to be set aside. The order modifying the penalty from dismissal from service to compulsory retirement was revived. The respondents were directed to comply with it within the period of three months and grant the petitioner the compulsory retirement pension in accordance with the Sikkim (Pension) Rules, 1990. Read more here
SUSPENSION OF SENTENCE
GUJARAT HIGH COURT | Life imprisonment sentence of persons convicted of murder, suspended
In an application filed for suspension of sentence and release on regular bail under Section 389 of the Code of Criminal Procedure, 1973 (‘CrPC’) against the judgment and order of conviction dated 07-03-2024 passed by the Additional Sessions Judge, Mehsana, whereby the accused persons were sentenced to life imprisonment (rigorous) as well as simple imprisonment along with fine for offences punishable under Section 3022 read with Section 114 of the Penal Code, 1860 (‘IPC’) and Section 3(2)(v) of the Schedule Caste and Schedule Tribes (Prevention of Atrocity) Act, 1989, a Division Bench of Ilesh J. Vora and S.V. Pinto*, JJ. stated that the chance of the appeal being heard in near future was extremely remote and suspended the sentence of the convicts during the pendency of the appeal, thereby enlarging them on bail subject to certain conditions. Read more here
