ACQUITTAL
PUNJAB AND HARYANA HIGH COURT | ‘Non-signing of witness depositions by Magistrate is fatal to prosecution case’; Two teachers acquitted in assault case
In a set of two revision petitions filed by two teachers convicted under Sections 294 and 357 of the Penal Code, 1860 (‘IPC’) against the judgment of conviction as well as the judgment rejecting the appeals filed by the convicts, a Single Judge Bench of Harpreet Singh Brar, J., allowed the revision petitions reiterating that since Section 275(4) of the Code of Criminal Procedure, 1973 (‘CrPC’) was mandatory, the non-signing of witness depositions by the Magistrate was fatal to the prosecution case. The Court also reiterated that a witness’s testimony could not be read into evidence till the opposite party was granted an opportunity to cross-examine. Read more HERE
ADOPTION
PUNJAB AND HARYANA HIGH COURT | ‘Adoption of Hindu child into Hindu family can be made even without a registered deed’; Appeal against compassionate appointment to adopted daughter, rejected
In an appeal filed by the Union and the Railways against the order passed by the Central Administrative Tribunal (‘the Tribunal’) whereby the respondent’s application was allowed and the State was directed to consider her for compassionate appointment within three months, the Division Bench of Sanjeev Prakash Sharma* and Meenakshi I. Mehta, JJ., denied the appeal holding that the adoption of a Hindu child in a Hindu family could be made by way of a registered-deed or even without it. Additionally, the Court held that the adopted daughter could not be denied compassionate appointment because of a school certificate that mentioned the names of the original parents and not the deceased employee, due to the non-presentation of a registered adoption deed for change of parents’ names in school records. Read more HERE
ARBITRATION
BOMBAY HIGH COURT | ‘Entirely based on false foundation’; Condonation of delay application by National Highway Division in arbitration appeal, dismissed
In a condonation of delay application filed by the National Highway Division of Maharashtra Government in an arbitration appeal, a Single Judge Bench of Somasekhar Sundaresan, J., dismissed the application, holding that the entire application was based on a false foundation. The Court also held that Article 116 of the Limitation Act, 1963 (‘Limitation Act’) would apply to arbitration appeals under Section 37 of the Arbitration and Conciliation Act, 1996 (‘Arbitration Act’). Read more HERE
JHARKHAND HIGH COURT | ‘Merely because arbitrator was appointed by Orissa HC is no ground for Ranchi Court to not have jurisdiction’; Order dismissing S.34 arbitration application, set aside
The present petition was filed under Article 227 of Constitution to quash the order dated 30-11-2023, whereby the application filed by petitioner under Section 34 of Arbitration and Conciliation Act, 1996 (‘A&C Act’) was dismissed, on the ground that since sole arbitrator was appointed by Orissa High Court, the Commercial Court, Ranchi did not have the jurisdiction to proceed with the application for setting aside the award. Read more HERE
DELHI HIGH COURT | Justice Arvind Sangwan appointed as sole arbitrator in a petition filed by Dixon Technologies
In a petition filed by the petitioner under 11(6) of Arbitration and Conciliation Act, 1996 (‘A&C Act’), seeking appointment of an arbitrator, Subramonium Prasad, J., appointed an arbitrator to adjudicate upon the dispute between the parties. Accordingly, the Court appointed Justice Arvind Sangwan, Former Judge, Allahabad High Court, as a Sole Arbitrator to adjudicate upon the disputes between the parties. Read more HERE
BAIL
BOMBAY HIGH COURT | Bail to a 70-year-old man who allegedly conspired for slitting girl’s throat as a human sacrifice
Applicant 2, Mohansingh Naik was seeking bail in a case registered with Dhebewadi Police Station, Satara for the offences punishable under Sections 302, 201, 120-B, and 34 of the Penal Code 1860 (‘IPC’) and Section 3 of Maharashtra Prevention and Eradication of Human Sacrifice and other Inhuman, Evil and Aghori Practices and Black Magic Act, 2013. A Single Judge Bench of Shivkumar Dige, J., after noting that the applicant was more than 70-year-old and was behind bars for more than two years, opined that even though the charges were framed, the trial might take time to conclude as it had not commenced yet. Thus, the Court granted bail to Applicant 2. Read more HERE
CALCUTTA HIGH COURT | Bail granted to delivery boys of ‘Delhivery Ltd’ for not being in conscious possession of contrabands
In a bail application filed by the implicated delivery boys of Delhivery Limited under Narcotic Drugs and Psychotropic Substances Act, 1985, a division bench of Tapabrata Chakraborty, and Prasenjit Biswas, JJ., granted bail upon furnishing a bond of Rs.10,000/- each, with two sureties of like amount each, one of whom must be a local, to the satisfaction of the Additional Sessions Judge, 1st Court (NDPS) at Cooch Behar with a further direction that the petitioners should meet with the investigating officer twice a week till the investigation is complete. Read more HERE
PUNJAB AND HARYANA HIGH COURT | ‘Legitimate personal account or homage’; Anticipatory bail granted to Manjinder Makha, author of book on Sidhu Moosewala’s murder
In an anticipatory bail application filed by Manjinder Singh, also known as Manjinder Makha, the author of the book “The Real Reason Why Legend Died” (‘the book’) written about the death of Sidhu Moosewala, for an FIR registered under Section 356(3) of Bharatiya Nyaya Sanhita, 2023, a Single Judge Bench of Sandeep Moudgil, J., allowed the application holding that there was no valid or cogent reason to deny the bail as the book was a legitimate personal account or homage to Sidhu Moosewala, written by someone who knew him personally. Read more HERE
BOMBAY HIGH COURT | ‘Not a sexual predator but a young person involved in consensual relationship’; Bail granted to 22-year-old man accused of raping his 16-year-old girlfriend
In a bail application filed by a 22-year-old man under Section 439 of the Code of Criminal Procedure, 1973 (‘CrPC’) accused of raping his 16-year-old girlfriend, a Single Judge Bench of Milind N. Jadhav, J., allowed the application holding that the parties were prima facie in a long-standing consensual relationship which did not amount to an offence that would justify his custody. Read more HERE
DELHI HIGH COURT | ‘Long incarceration can lead to depression, anxiety, drug abuse’; Bail granted to a man in custody for over 9 years
In the present case, applicant-accused filed an application for bail under Section 439 of the Criminal Procedure Code, 1973 (‘CrPC’) in a crime registered with Dindoshi Police Station, Mumbai for the offences punishable under Sections 302, 397, and 34 of the Penal Code, 1860 (‘IPC); Sections 4 and 25 of Arms Act, 1959 and Sections 37(1) and 135 of the Maharashtra Police Act, 1951. A Single Judge Bench of Milind N. Jadhav, J., opined that long incarceration exposed under-trial accused to carceral environment which could be inherently damaging to the mental health of the under-trial accused coupled with the appalling conditions in the prisons. The Court, after considering the applicant’s long period of incarceration, that is, 9 years and 25 days, directed that he should be released on bail. Read more HERE
BANKING AND FINANCIAL SECTOR
DELHI HIGH COURT | Despite acknowledging ECL’s violations, RBI failed to act; Direction given to RBI to intervene, upheld
An appeal was filed by suspended directors of ECL (appellants) seeking to set aside the impugned judgement dated 23-10-2024 passed by the Single Judge and dismiss the said writ petition for being nonmaintainable and mala-fide and a gross abuse of process of law. A Division Bench of Chandra Dhari Singh and Anoop Kumar Mendiratta, JJ., upheld the impugned order dated 23-10-2024 as it was based on clear findings of the RBI that there have indeed been violations of mandatory regulations by the ECL. Read more HERE
CONDONATION OF DELAY
DELHI HIGH COURT | ‘Duty of educated litigant does not end merely by signing counsel’s fee cheque, expected to keep track of litigation’; Application seeking condonation of delay, dismissed
In an application filed by the appellants, seeking condonation of delay of more than one year in filing the appeal to assail the judgment and decree of recovery of money, Girish Kathpalia, J., stated that in case of an educated litigant, his duty did not end merely by signing the fee cheque of the counsel. An educated litigant was expected to keep a track of his litigation. In the present case, the appellants were not illiterate or semi-literate rustic individuals, they were a registered NGO, and its senior functionaries could not be expected to not keep a track of the lis. The Court stated that it would be a travesty of justice if now the delay in filing the appeal was condoned, pushing the successful litigant through another round of proceedings in appeal. Thus, the Court dismissed the present application. Read more HERE
CUSTOMS
DELHI HIGH COURT | Mobile phone unlocking is mere ‘configuration’ for export; Not ‘taken into use’ under Duty Drawback Rules
A petition was filed under Article 226 considering whether the act of unlocking mobile phones after they are manufactured would disentitle the petitioners from claiming duty drawback on export of the said mobile phones under Section 75 of the Customs Act, 1962 read with Customs and Central Excise Duties Drawback Rules, 2017. Prathiba M Singh, J., quashed the impugned show cause notices and CBIC clarifications and held that the unlocking/activating of the mobile phones as per the procedures adopted by the petitioners is mere ‘configuration’ of the product to make it usable and does not constitute “taken into use” under proviso to Rule 3 of the Duty Drawback Rules. Read more HERE
ECONOMIC BACKWARDNESS/EWS CATEGORY
RAJASTHAN HIGH COURT | Migration ‘from Haryana to Rajasthan’ after Marriage does not affect migrant woman’s EWS eligibility
In a writ petition challenging the rejection of petitioner’s representation to modify category change for recruitment on the ground that she obtained her Economically Weaker Section (EWS) category certificate after the application deadline, a single-judge bench of Arun Monga, J., upheld the petitioner’s right to be considered under EWS reservation. The Court held that petitioner migration from Haryana to Rajasthan did not render her ineligible to seek the benefit of the EWS certificate issued by the competent authority. Read more HERE
ELECTION
MADHYA PRADESH HIGH COURT | Sub Divisional Officer directed to maintain ‘legible’ order-sheets & not treat election proceedings ‘so casually’
In a petition filed under Article 226 of the Constitution of India, challenging the Sub Divisional Officer-respondent 5’s orders dated on 26-07-2024 and 11-09-2024, which closed the petitioner’s right to produce witnesses in support of his case in an Election Petition filed by respondent 1, a single-judge bench of Pranay Verma, J., in order to do complete justice, granted the petitioner an opportunity to appear with all private witnesses and examine them. Read more HERE
HABEAS CORPUS
TELANGANA HIGH COURT | ‘Court’s power cannot be run down by seeking random directions, where there is legal course’; Husband’s habeas corpus plea for wife’s production, rejected
In a habeas corpus petition filed by a husband seeking production of his wife who had left the home due to alleged physical abuse by the petitioner-husband, the Division Bench of Moushumi Bhattacharya and Madhusudhan Rao Bobbili Ramaiah, JJ., dismissed the writ petition while holding that the Court must circumspect cases where the disappearance was voluntary or detention satisfied due process. The Court also reiterated that in such cases, the appropriate course of action was to register a missing person case. Read more HERE
HOUSING AND REAL ESTATE
PUNJAB AND HARYANA HIGH COURT | State directed to act against more than 4000 illegal constructions in DLF City, Gurugram
In a set of two writ petitions filed by DLF City Residents Welfare Association and DLF-3 Voice seeking issuance of the writ of mandamus directing the State to act against unauthorised construction in areas of DLF City, Gurugram, the Division Bench of Sureshwar Thakur* and Vikas Suri, JJ., issued a writ of mandamus on the State to take prompt action and conclude the actions against the illegal constructions within two months. Read more HERE
HUMAN AND CIVIL RIGHTS
RAJASTHAN HIGH COURT | Child Care Leave is akin to privileged leave subject to administrative discretion, not unfettered right
In a writ petition challenging the order sanctioning only 15 days of Child Care Leave (CCL) instead of applied 53 days Child Care Leave, a single-judge bench of Arun Monga, J., refused to interfere with respondent 4’s order and held that though Child Care Leave can be sanctioned up to 120 days, but it is not an unfettered right and is subject to administrative discretion. Read more HERE
INTELLECTUAL PROPERTY
DELHI HIGH COURT | Use of ‘Masaba’ mark temporarily restrained; Interim protection granted to House of Masaba in a trade mark case
In a suit filed by House of Masaba, (‘the plaintiff’), to restrain the defendants from using the trade mark ‘MASABA’ for the identical goods and services as that of the plaintiff, i.e., retail of apparels and accessories for men and women, Amit Bansal, J., restrained the defendants and all the others acting on behalf of the defendants from using the impugned trade marks “MASABA”/ “MASABA COUTURE”/ and Instagram handles — “masabacoutureofficial.co” and “masabacouture.in” or any other trade mark/trade name as might be identical to or was deceptively similar to the plaintiff’s registered trade marks. Read more HERE
MAINTENANCE
MADHYA PRADESH HIGH COURT | ‘Emotional affection without physical relations does not constitute Adultery’; Interim maintenance order upheld
In a criminal revision filed by husband under Sections 397 and 401 of the Criminal Procedure Code, 1973 (CrPC) against Family Court’s order dated 20-04-2024 awarding interim maintenance of ₹4,000/- per month to the wife under Section 125 of the CrPC, a single-judge bench of G. S. Ahluwalia, J., upheld the trial court’s order granting interim maintenance of ₹4,000/- under Section 125 CrPC. Read more HERE
MOTOR VEHICLES
GUJARAT HIGH COURT | ‘Hyper technical & insensitive approach, ignored object of MV Act’; Plea against MACT’s order denying fair compensation, allowed
In an appeal filed under Section 173 of the Motor Vehicles Act, 1988 (‘MV Act’) against the judgment and award passed by the Motor Accident Claims Tribunal (‘the Tribunal’), a Single Judge Bench of J.C. Doshi, J., allowed the appeal holding that the Tribunal took a hyper-technical view, which was insensitive, despite there being sufficient evidence against the accused. The Court directed the Tribunal to hear the matter afresh on merits. Read more HERE
PAROLE
PUNJAB AND HARYANA HIGH COURT | Order denying parole to NDPS convict on mere assumption of reoffending during elections, quashed
In a petition filed seeking to quash the order passed by Deputy Commissioner-cum-District Magistrate- respondent 5 denying parole to the petitioner-convict, a Single Judge Bench of Mahabir Singh Sindhu, J., allowed the petition and granted eight weeks of parole holding that the convict’s plea was denied merely on assumptions of reoffending during Elections, which would have disrupted them. Read more HERE
POCSO
DELHI HIGH COURT | ‘Law should evolve to acknowledge and respect adolescent relationships, if they are consensual and free from coercion’; Acquittal of POCSO accused, upheld
In an application seeking leave to appeal challenging the judgment dated 10-02-2020, wherein the respondent (‘accused’) was acquitted under Section 4 of Protection of Children from Sexual Offences Act, 2012 (‘POCSO Act’), Jasmeet Singh, J., stated that the societal and legal views on adolescent love should emphasize the rights of young individuals to engage in romantic relationships that were free from exploitation and abuse. Love is a fundamental human experience, and adolescents have the right to form emotional connections. The law should evolve to acknowledge and respect these relationships, as long as they are consensual and free from coercion. Considering the overall factors, the Court stated that the impugned judgment dated 10-02-2020, was well reasoned and did not require any interference, and accordingly, dismissed the present appeal. Read more HERE
BOMBAY HIGH COURT | ‘Victim sensed a bad touch, so her instinct must be believed’; Former Army Officer’s sentence under POCSO Act, upheld
The petitioner challenged the judgment and order dated 17-01-2024 passed by the Armed Forces Tribunal, Mumbai (‘AFT’) and the judgment and order dated 19-03-2021 passed by the General Court Martial (‘GCM’) convened by the respondents, to try the petitioner for offences punishable under Section 69 of the Army Act, 1950 (‘the Army Act’). The Division Bench of Revati Mohite Dere and Neela Gokhale, JJ., stated that the victim immediately sensed a bad touch when the petitioner-accused touched her thigh, and thus her instinct of identifying a bad touch of the petitioner must be believed. The Court held that it did not find any jurisdictional error with the findings of the GCM and AFT and there was not any violation of the fundamental rights of the petitioner. Read more HERE
PRACTICE AND PROCEDURE
PUNJAB AND HARYANA HIGH COURT | Appeal shall abate if fine imposed on conviction stayed by judicial order or deposited with Court before convict’s death
In a set of two appeals, during the pendency of which, the appellants (‘convicts’) expired, a Single Judge Bench of Anoop Chitkara, J., dismissed the appeals as abated holding that in such cases where the Court had stayed the payment of fine upon conviction and the legal heirs did not seek permission for continuing the appeal or substitution under Section 394(2) of Code of Criminal Procedure, 1973 (‘CrPC’), the appeals could not continue. Read more HERE
QUASHMENT OF PROCEEDINGS/ FIR
DELHI HIGH COURT | ‘Abysmal that S.498-A IPC is used as tool to harass husband and his family members’; FIR quashed against husband and his family
In a petition filed for quashing the FIR dated 06-10-2017, registered for offences under Section 498-A and 34 of the Penal Code, 1860 (‘IPC’), Amit Mahajan, J., noted the increasing tendency of implicating the husband and his family in matrimonial litigation in a number of cases. While the provision of Section 498-A of IPC was introduced with an object to combat harassment meted out to married woman, but it was abysmal to note that the same was now also being misused as a tool to harass the husband and his family members and gain a leverage. Read more HERE
DELHI HIGH COURT | Doubts raised on the alleged shooting FIR lodged by nightclub mogul; Matter referred to the Trial Court
A petition was filed by Amandeep Singh Batra, a music video producer under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 read with Articles 226/227 seeking quashing of FIR under Sections 307, 34 and 120-B IPC and Sections 25 and 27 Arms Act, registered at Police Station Vasant Kunj (South), New Delhi and charge sheet filed therein and order dated 28-08-2023 taking cognizance along with consequential proceedings emanating therefrom. Neena Bansal Krishna, J., dismisses petition raising doubts the truthfulness and merits of the contentions raised which are to be considered during the trial. Read more HERE
RAJASTHAN HIGH COURT | No vicarious liability of Daughter for merely receiving money from father involved in fraud case; FIR quashed
In a petition filed by a daughter (petitioner) seeking quashment of FIR against her for hatching criminal conspiracy with her father (accused) with regard to causing loss to the complainant, a single-judge bench of Farjand Ali, J., held that the rule of vicarious liability is not applicable in the present matter as no case is made out for the prosecution to book the petitioner as an accused. Read more HERE
SCS, STS, OBCS AND MINORITIES
RAJASTHAN HIGH COURT | Member of ‘Teli’ caste falls within purview of OBC category, regardless of religion
In a writ petition challenging the discontinuation of employment under NREGA due to OBC status dispute, a single-judge bench of Anoop Kumar Dhand, J., quashed the impugned order dated 20-01-2009 which discontinued the petitioner’s employment and reaffirmed that caste-based OBC reservations should be applied uniformly irrespective of religious identity, provided the caste is recognized in official notifications. Read more HERE
BOMBAY HIGH COURT | State Govt. asked to consider applicants entering mother’s social status in “Aaple Sarkar” Web Portal for obtaining caste certificate
In the present case, the petitioner prayed to issue writ of mandamus/guidelines in favor of the petitioner and grant her caste certificate based on her mother’s caste. The Division Bench of Ravindra V. Ghuge* and Ashwin D. Bhobe, JJ., opined that the facts were being distorted by the petitioner for self-serving purposes and an attempt was made by her to misrepresent, thus, the Court dismissed the petition being devoid of any merits. Further, the Court directed the State Government to constitute a proper committee which was assisted with data/information, and to consider, whether a clause in exceptional circumstances, could be entered in the “Aaple Sarkar” portal to enable an applicant to tender the details of the mother’s social status. Read more HERE
WILL
MADHYA PRADESH HIGH COURT | Tehsildar can’t decide mutation applications based on disputed testamentary documents, particularly a Will
In a reference to a larger bench due to conflicting decisions by different benches of the High Court regarding mutation of agricultural land based on Wills, a 3-judges bench of Suresh Kumar Kait, CJ., Sushrut Arvind Dharmadhikari and Vivek Jain*, JJ., held that the Tehsildar cannot reject a mutation application at the threshold solely because it is based on a Will. However, if the Will is contested, mutation cannot be granted without Civil Court adjudication. Read more HERE