ANCIENT AND PROTECTED MONUMENTS, ARCHAEOLOGY, ART AND ANTIQUITIES
MEGHALAYA HIGH COURT | ‘Jesus Christ taught us to forgive’: Don Bosco management’s apology for demolishing building which was under consideration for ‘heritage building’, accepted
In a Public Interest Litigation regarding demolition of St. Anthony’s Lower Primary School in in Don Bosco Square, Shillong which was an Assam-type colonial structure of significant architectural and historical value and was fit to be declared as a heritage building, the Division Bench of IP Mukerji, CJ and W. Diengdoh, J. took note of the affidavits filed by the Board of management of the School, wherein an unqualified apology was tendered and prayed for forgiveness. The Bench disposed of the matter stating that ‘Jesus Christ taught us to forgive a wrongdoer’. The Court considered the status of the institution and the genuineness with which regret was expressed for the demolition and forgiveness prayed for. Read more HERE
ARBITRATION
DELHI HIGH COURT | Jurisdiction under S. 11 Arbitration Act must be determined by the CPC if the parties haven’t agreed on the arbitration seat or venue
A petition was filed by Faith Constructions (petitioner) under Section 11(5) and (6) of the Arbitration and Conciliation Act, 1996, seeking the appointment of a sole arbitrator to resolve disputes arising from a construction agreement dated 06-07-2022 pertaining to the construction of the Bishop’s Residence Ground Floor Building for NWGEL Church in Odisha. Manoj Kumar Ohri, J., held that no part of cause of action can be said to have arisen within Delhi, ousting this Court’s territorial jurisdiction to entertain the present petition. Read more HERE
DELHI HIGH COURT | ‘Duty of Referral Court in post-award stage to prevent misuse of arbitration’; Plea by Jaiprakash Associates for second arbitration in Rs. 360 Crores claim, rejected
In an arbitration petition filed under Section 11 of the Arbitration and Conciliation Act, 1996 (‘the Act’) by Jaiprakash Associates Limited (‘JP Associates’) seeking recommencement of the arbitration and appointment of nominee Arbitrator on behalf of the NHPC Limited (‘NHPC’) for adjudication of their disputes, the Single Judge Bench of Subramonium Prasad, J., dismissed the petition holding that the present case was demonstrably ‘non-arbitrable’ as there was no live dispute between the parties and re-adjudication of JP Associates’ claim would be a waste of resources and an improper use of the arbitration process. Read more HERE
ADVOCATES
MADHYA PRADESH HIGH COURT | Advocate’s “tamasha” remark deemed to be disgraceful & contemptuous; Chief Justice requested for further action against Advocate
While hearing a matter, a single-judge bench of Anuradha Shukla, J., adjourned the proceedings after the counsel for the appellants, Shri P. C. Paliwal, made disgraceful and contemptuous statements toward the Court over the delay. Read more HERE
MADHYA PRADESH HIGH COURT | BCI directed to take criminal action against law institutions admitting students without securing recognition
In multiple writ petitions filed by students seeking relief due to non-renewal of recognition for their law colleges by the Bar Council of India (BCI), a Division Bench of Suresh Kumar Kait,* CJ., and Vivek Jain, J., issued directions regarding strict renewal deadline, format compliance, timely communication, strict action against non-compliant institutions, final opportunity for institutions and affiliation process by universities. Read more HERE
BAIL
PUNJAB AND HARYANA HIGH COURT | ‘Need for vigilance at entry point rather than indiscriminate denial of bail’; Bail granted
In a bail application filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, by a foreign national in a cyber fraud case worth Rs 2.81 Crores, a Single Judge Bench of Anoop Chitkara, J., allowed the petition, holding that the accused was a first-time offender and did not require further pre-trial incarceration. Read more HERE
DELHI HIGH COURT | Bail granted to an alleged member of Lawrence Bishnoi Gang accused of shooting outside of Ex-MLA’s residence
In an application filed by the applicant (‘accused’) under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail in FIR registered under Sections 336, 342 of the Penal Code, 1860 and Sections 25, 27, 54, 59 of the Arms Act, 1959, Sanjeev Narula, J., stated that whether the co-accused’s statements were sufficient to implicate the accused would be determined during trial, and at this juncture, the accused could be given benefit of doubt. Thus, considering the overall facts and circumstances of the case, and the fact that the accused did not have any criminal antecedents, the Court was inclined to enlarge the accused on bail on furnishing a personal bond for a sum of Rs. 50,000 with one surety of the like amount, subject to the satisfaction of the Trial Court on certain conditions. Read more HERE
ANDHRA PRADESH HIGH COURT | Convenience of litigants weigh more than that of advocates; Shifting of Court from Machilipatnam to Avanigadda, upheld
A petition was filed by the Machilipatnam Bar Association, challenging the government order issued by the Law (L & LA) (Home-Courts) Department on 05-02-2024 envisaging the shifting of the VI Additional District Sessions Court from Machilipatnam to Avanigadda, along with all cases arising from the territorial jurisdiction of Avanigadda and the staff attached to the Court. A division bench of Dhiraj Singh Thakur, CJ., and Ravi Cheemalapati, JJ., dismissed the petition, holding that the decision to shift the Court from Machilipatnam to Avanigadda was neither irrational nor arbitrary as it was intended to serve the convenience of litigants. Read more HERE
RAJASTHAN HIGH COURT | Panel appointed to probe into Khap Panchayats’ illegal activities including honour killings, social boycotts, exorcism, etc
In a petition raising concerns over the illegal activities of Khap Panchayats in Rajasthan, specifically in rural areas of Jodhpur, Barmer, Jaisalmer, Jalore, Nagaur, and Pali, with regard to imposing unlawful social boycotts, fines, and penalties on individuals who do not conform to traditional customs, especially in cases of love marriages, inter-caste and inter-faith marriages, a single-judge bench of Farjand Ali, J., appointed a 5-member panel comprising four advocates and a social worker to conduct a field investigation in affected villages and compile a comprehensive report on unlawful activities conducted under the guise of customs. Read more HERE
PUNJAB AND HARYANA HIGH COURT | ‘Person becomes zombie upon using narcotic drugs’; Bail denied to NDPS accused allegedly caught with 290 grams of heroin
In a regular bail application filed by the accused in an FIR registered under Sections 21 and 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985, (‘NDPS’) and Sections 379 and 411 of the Penal Code, 1860 (‘IPC’), a Single Judge Bench of Sandeep Moudgil, J., dismissed the application holding that the accused actively indulged in the business of selling narcotic substances and was found in possession of a commercial quantity of narcotic drugs, thus, the rigours of Section 37 of NDPS Act would apply. Thus, considering the negative impacts of drug use, the Court stated that, as the guardian of its citizens, it was essential for it to take decisive action against such offenders, especially when the lives and futures of the nation’s youth were at stake. Read more HERE
COMPENSATION
MADRAS HIGH COURT | Employer not expected to seek proof beyond doubt of marriage for granting maternity leave; Rs.1 Lakh compensation awarded to Magistrate’s office assistant
In a writ petition filed to quash the order passed by the District Munsif cum Judicial Magistrate (‘Magistrate’), and consequently to direct the respondents to provide maternity leave to the petitioner who is working as Office Assistant (‘OA’) before the Magistrate, the division bench of R. Subramanian* and G. Arul Murugan, JJ. stated that while it is true that maternity leave can be availed only by a married woman, the employer is not expected to seek proof beyond doubt of the fact of marriage. Hence, denying maternity leave on the grounds of non-registration of the marriage and lack of formal proof was not valid. Therefore, the Court set aside the order that returned the application for maternity leave and directed the Principal District Judge to grant the maternity leave in accordance with the petitioner’s entitlement. Additionally, the Court directed the Registrar General to pay Rs.1 Lakh compensation to the petitioner for the mental agony caused by the unjust rejection of her application. Read more HERE
CONTEMPT OF COURT
ALAHABAD HIGH COURT | Rs 2000 fine imposed on man for false corruption allegations against judges
In a contempt application initiated against the contemnor arising out of the complaint sent by him alleging corruption against Judges of this High Court, the division bench of Vivek Chaudhary and Brij Raj Singh, JJ. found the contemnor guilty of committing criminal contempt of this Court under Section 2(c)(i) of the Contempt of Courts Act, 1971 (‘Act, 1971’). However, considering his old age and the fact that this was his first offence, the Court imposed a fine of Rs. 2,000/- to be deposited by him before the Senior Registrar, High Court, Lucknow, within a period of one month from the date of the order. In default of payment, he was directed to undergo simple imprisonment for one week. Read more HERE
CRIMES AGAINST WOMEN AND CHILDREN
DELHI HIGH COURT | Exemption requests of sexual violence victims deserve sensitivity unlike those of hardened criminals
Two bail applications were filed by the petitioners pertaining to FIR registered under Sections 123, 70(2) and 3(5) of Bhartiya Nyaya Sanhita (BNS) and Sections 6 and 17 of the Protection of Children from Sexual Offences Act (POCSO Act). Girish Kathpalia, J., adjourned the matter for further hearing and criticized the Trial Court’s insensitivity in insisting on medical verification of the prosecutrix’s illness on her first non-appearance and emphasized the need for a victim-centric approach. Read more HERE
BOMBAY HIGH COURT | Commenting on colleague’s hair that she must be using JCB to manage them, not sexual harassment; Industrial Court’s order set aside
In the present case, the petition challenged judgment and order dated 1-7-2024 passed by the Member Industrial Court, Pune (‘the Industrial Court’) dismissing a case filed under provisions of Section 18 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and report dated 30-9-2022 passed by the Internal Complaints Committee (‘the ICC’) of Respondent 2-HDFC Sales (P) Ltd. A Single Judge Bench of Sandeep V. Marne, J., stated that the incident where the petitioner commented about the complainant’s length and volume of her hair by saying that she must be using JCB to manage her hair, could not mean that it was made with an intent of causing any sexual harassment to the complainant. The Court held that the findings recorded by the Industrial Court were clearly perverse as it failed to consider the exact nature and gravity of allegations levelled against the petitioner. The Court thus set aside the judgment and order dated 1-7-2024 passed by the Industrial Court. Read more HERE
KERALA HIGH COURT | State directed to formulate guidelines for ensuring complainant’s anonymity from public domain during inquiry under POSH Act
In an original petition filed under Article 227 of the Constitution of India, the petitioner challenged the order of the Kerala Administrative Tribunal (‘Tribunal’) which dismissed the petitioner’s request to annul the inquiry report and halt further proceedings in a sexual harassment case, ruling that the challenge was premature and that he could avail of remedies only after the final order was issued, the division bench of A. Muhamed Mustaque and P. Krishna Kumar*,JJ. concluded that there was no jurisdictional error in the impugned order. However considering the repeated assertions made by the petitioner regarding his inability to controvert or contradict the complainant, the Court directed the disciplinary authority to ensure that the Internal Committee comply with the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (‘POSH Act’) and the Kerala Civil Services (Classification, Control, and Appeal) Rules, 1960 (‘ Kerala Civil Service Rules’). The Court emphasized that the petitioner must be given an opportunity to challenge the complainant’s testimony and present his own evidence before the Internal Committee. Further, noting that there is currently no mechanism in place to anonymise the details of the complainant who alleges sexual harassment or other atrocities during the various proceedings related to the inquiry, the Court directed the State to formulate necessary guidelines to anonymise the complainant’s details from the public domain during the inquiry proceedings under the POSH Act. Read more HERE
DISABLED/ DIFFERENTLY ABLED PERSONS
DELHI HIGH COURT | Centre’s response sought on regulatory mechanism to ensure taxi apps are disabled friendly prior to their launch and have all accessibility features mandated under law
In a case highlighting the accessibility issues in the Rapido Android App, Sachin Datta, J., directed Ministry of Road Transport and Highways to file an affidavit to place on record the regulatory mechanism that was in place to ensure that the application/s, such as the one introduced by Roppen Transportation Services (P) Ltd. (Rapido) (‘Respondent 1’), comply with the necessary requirements for being disabled friendly prior to their launch, and have all requisite accessibility features as mandated under the law, particularly, under Rule 15 of the Rights of Persons with Disabilities Rules, 2017. Read more HERE
MADHYA PRADESH HIGH COURT | Selection process, prioritising educational qualification over disability severity, contradicts spirit of Rights of Persons with Disabilities Act
In a petition filed by petitioners, persons with significant disabilities challenging the selection process of Class IV posts advertised on 26-07-2024, 06-08-2024, and 21.08.2024, which ignored the application of circular dated 03-07-2018 mandating that persons with higher disabilities be given preference in public employment, a single-judge bench of Subodh Abhyankar, J., quashed the impugned advertisements and held that the selection process, which prioritised educational qualifications over disability severity, contradicts the spirit of the of Rights of Persons with Disabilities Act, 2016 (Rights of Persons with Disabilities Act). Read more HERE
ECONOMIC BACKWARDNESS/ EWS CATEGORY
MADHYA PRADESH HIGH COURT | ‘EWS candidates can’t claim age relaxation/additional attempts as a matter of right’: Executive instructions upheld
In a writ petition filed by the petitioners, belonging to the Economically Weaker Sections (EWS) category, challenging the executive instructions issued by the Union Government and the State of Madhya Pradesh concerning age relaxation and the number of attempts for the Civil Services Examination (CSE), a Division Bench of Suresh Kumar Kait, CJ., and Vivek Jain,* J., held that no grounds are made out to interfere with the impugned executive instructions of the Central Government or the State Government of Madhya Pradesh. The Court further held that the EWS candidates cannot claim age relaxation or additional attempts as a matter of right. Read more HERE
EDUCATION LAW
PUNJAB AND HARYANA HIGH COURT | ‘Cannot transgress into judicial adventurism’; Eligibility relaxation plea of NEET aspirant who passed Biology as additional subject, dismissed
In a writ petition filed by a medical aspirant seeking allotment of a seat to him in the Bachelor of Ayurvedic Medicine and Surgery (‘BAMS’) course at Guru Ravidas Ayurved University (‘the College’), the Division Bench of Sheel Nagu, CJ., and Sumeet Goel*, J., dismissed the writ petition, holding that the medical aspirant’s claim for relaxation of the eligibility criteria on the ground of equity was beyond the purview of the legal framework as he was not qualified. The Court further held that law did not support preferential treatment or relaxation in favour of an individual, particularly when such relaxation neither has any statutory sanction nor any reasonable nexus with the objective behind the eligibility criteria. Read more HERE
HABEAS CORPUS
PUNJAB AND HARYANA HIGH COURT | ‘No illegal confinement by State’; Habeas corpus plea seeking release of farmer leader Jagjit Singh Dallewal, dismissed
In a habeas corpus petition filed for the release of alleged detenue, namely Jagjit Singh Dallewal (‘Jagjit Singh’), a prominent farmer leader, a Single Bench of Manisha Batra, J., disposed of the petition, holding that Jagjit Singh was admitted in the hospital due to his health and as per the Supreme Court’s directions, and since he was free to meet anyone or leave the hospital, he was not in illegal confinement of the State. However, the Court directed the State to ensure that there would be no hindrance if the family members, friends, relatives, or any other person wished to see Jagjit Singh in the hospital, per the rules and protocol of the hospital. Read more HERE
INTELLECTUAL PROPERTY
DELHI HIGH COURT | ₹34 Lakhs awarded in damages and grants permanent injunction against Merlin Rubber for infringing Bridgestone’s trademark
A suit was filed by Bridgestone Corporation (plaintiff) seeking relief of permanent injunction restraining Merlin Rubber (defendant) from infringing the trademark of the plaintiff, along with passing off and other ancillary reliefs. Amit Bansal, J., granted permanent injunction and decree of damages of Rs. 34,41,240 in favour of the plaintiff. Read more HERE
RAJASTHAN HIGH COURT | Issuance of injunction essential in cases of blatant IPR violations to safeguard both private & public interests
In an appeal against the rejection of application for interim injunction under Order 39 Rule 1 and 2 of the Civil Procedure Code, 1908 (CPC) to restrain the respondents from using the mark pending the final disposal of the suit, a single-judge bench of Anoop Kumar Dhand, J., quashed the impugned the order and restrained the respondents from using the trademark “Swastik” and its label on their products until the final disposal of the suit. Read more HERE
DELHI HIGH COURT | Dynamic injunction granted against rogue websites for streaming ‘Applause Entertainment’s ‘UNDEKHI’
A suit was filed by Applause Entertainment Private Limited (plaintiff) seeking relief of permanent injunction, restraining the defendants from infringing the copyright of the plaintiff along with other ancillary reliefs. Amit Bansal, J., granted dynamic injunction against rogue websites and held that the defendants’ activities have caused irreparable harm to the plaintiffs, as these rogue websites not only violate and infringe the copyrights of the plaintiff in its series/show but also erode and dilute the value of the exclusive rights by taking away significant revenues from the plaintiff. Read more HERE
DELHI HIGH COURT | Permanent injunction granted against shop owners from infringing Louis Vuitton trade marks on wallets, handbags, belts etc
In a suit filed by the plaintiff seeking permanent injunction restraining infringement of plaintiff’s registered trade marks, i.e., “LOUIS VUITTON” (wordmark), the “LV” logo i.e., , “the Toile monogram pattern”, i.e., , “the Damier pattern”, “the LV Flower patterns” and other subsisting registered trade marks, passing off, unfair competition, rendition of accounts of profits, delivery up, etc., Mini Pushkarna, J., considering the submissions made and the Report of the Local Commissioner dated 5-12-2017, the Court stated that Defendants 7 and 8 have infringed plaintiff’s trade marks by selling counterfeit products. Therefore, the Court stated that the plaintiff was entitled to decree in its favour and also entitled to costs. Thus, the Court decreed the suit in the plaintiff’s favour and against Defendants. The Court also directed Defendant 7 to pay cost of Rs. 20,000 to the plaintiff and Defendant 8 should pay cost of Rs. 22,000 to the plaintiff. Read more HERE
JUDICIARY
PUNJAB AND HARYANA HIGH COURT | ‘Technical defect in certificate is beyond candidate’s control’; Relief granted to judicial aspirant whose candidature was rejected for defect in caste certificate
In a writ petition filed by a judicial aspirant challenging the rejection of her candidature for the Haryana Civil Services (Judicial Branch) Examination 2023-2024 (‘the Exam’), the Division Bench of Sheel Nagu, CJ., and Sumeet Goel*, J., allowed the petition, holding that the errors in the Scheduled Caste Certificate (‘SC Certificate’) were attributable solely to the competent authority and not the judicial aspirant who was qualified and diligently pursued her legal right. The Court also stated that the present case was an illustration of how litigations are pursued on behalf of the State mechanically and indifferently. Accordingly, the Court imposed a cost of Rs. 1.5 lakhs on the Haryana Public Service Commission (‘HPSC’). Read more HERE
DELHI HIGH COURT | No senior advocate designation for retired judicial officers from other States; Rule 9B of Designation of Senior Advocate Rules, 2024, upheld
A petition was filed under Article 226 seeking quashing of Rule 9B of the High Court of Delhi Designation of Senior Advocate Rules, 2024 as being arbitrary, discriminatory, and violative of Articles 14, 19(1)(g), and 21 of the Constitution of India. A division bench of Devendra Kumar Upadhyaya, CJ., and Tushar Rao Gedela, J., held that the distinction sought to be drawn between the retired judicial officers of DHJS and the HJS of other States, is based entirely on intelligible differentia and is, ex facie, not violative of equality enshrined in Article 14. Read more HERE
LICENCE
DELHI HIGH COURT | Seven months extension granted to a man’s license for operating Special Minor Unit of New Delhi Railway Station earmarked for Divyang category
In a petition filed on behalf of petitioner under Article 226 of Constitution seeking extension of his licence for a period of seven months from 17-03-2025, Jyoti Singh, J., disposed of the present writ petition with a direction that subject to payment of license fee, petitioner would be allowed to operate the Special Minor Unit 3 (‘SMU’) at Platform 12/13 of New Delhi Railway Station earmarked for Divyang category for a period of seven months from 17-03-2025 at the stipulated license fee. Read more HERE
QUASHMENT OF PROCEEDINGS/ FIR
BOMBAY HIGH COURT | ‘Obscene message sent to female colleague on WhatsApp was unintentional’; FIR against retired professor after he claimed to be suffering from mental illness, quashed
The present petition was filed for quashing the FIR registered at Malabar Hill Police Station on 13-12-2022 under Section 354-D of the Penal Code, 1860 and Section 67 of the Information Technology (Amendment) Act, 2008 and the consequent proceedings. The Division Bench of Sarang V. Kotwal and S.M. Modak, JJ., quashed the proceedings against the petitioner as Respondent 1 after coming to know that the petitioner unintentionally sent her an obscene message on WhatsApp while he was suffering from a mental illness, decided to withdraw her allegations. Read more HERE
GUJARAT HIGH COURT | FIR refused to be quashed against Sadhvi accused of duping man of Rs 1.25 crores
In an application filed by a female monk, Sadhviji Jayshrigiri Guru Jagdishgiri (‘Sadhvi’), seeking quashing of FIR and proceedings filed against her under Sections 406, 420, and 506(1) of the Penal Code, 1860 (‘IPC’), a Single Judge Bench of J. C. Doshi, J., dismissed the application, holding that considering the incomplete and hazy facts coming from the record indicated that further investigation was required in the matter. Further, considering that the total amount that was duped as per the FIR was around Rs. 5 Crores, the Court stated that it was not inclined to exercise its jurisdiction under Section 482 of the Code of Criminal Procedure, 1973 (‘CrPC’). Read more HERE
DELHI HIGH COURT | ‘Parens Patriae obligates Court to ensure justice not reduced to mere private settlement’; Abetment to suicide case refused to be quashed on basis of compromise
In a petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’), seeking quashing of FIR registered under Sections 306, 506, 34 of the Penal Code, 1860 (‘IPC’), on the ground of compromise between the parties, a Single Judge Bench of Manjari Nehru Kaul, J., rejected the petition, reiterating that abetment to suicide was not a compoundable offence. Read more HERE
DELHI HIGH COURT | ‘Section 482 of CrPC cannot be used as an instrument to short circuit prosecution and bring its sudden death’; Petition seeking to quash FIRs, dismissed
In the petitions filed under Section 482 of Criminal Procedure Code, 1973 (‘CrPC’) seeking to quash the FIR registered under Sections 354, 506 and 509 of Penal Code, 1860 (‘IPC’), Neena Bansal Krishna, J., stated that no doubt judicial process, should not be an instrument of operation or needless harassment yet at the same time, this Section could not be used as an instrument by the accused to short circuit a prosecution and bring about its sudden death. In the present case, the Court stated that there was nothing on record to suggest that the FIRs were vexatious or were based on false facts. Thus, the Court stated that the circumstances as discussed did not justify the quashing of the FIRs and accordingly dismissed the present petitions. Read more HERE
DELHI HIGH COURT | ‘Patriarchal to say that woman must foresee marriage problems solely because she is elder to her partner’; FIR against a man accused of rape on pretext of marriage refused to be quashed
In a petition filed by the petitioner (‘accused’) seeking to quash the FIR registered under Sections 376 and 377 of the Penal Code, 1860 (‘IPC’), Swarana Kanta Sharma, J., stated that the submission by the accused that a woman must assume additional responsibility and foresee marriage-related difficulties solely because she was elder to her partner was based on a patriarchal and legally flawed premise. Given the prima-facie material on record and the gravity of the allegations, the Court found no justification for quashing the FIR at this stage, and accordingly, dismissed the present petition. Read more HERE
STAY OF PROCEEDINGS
DELHI HIGH COURT | Lokpal proceedings stayed against Rajesh Kumar Singh, Defence Secretary of India
A petition was filed by Rajesh Kumar Singh (petitioner) and others challenging the impugned order dated 06-01-2025 and the subsequent notices dated 07-01-2025 issued by Lokpal of India (respondent) seeking to quash the orders and stay on the proceedings initiated under a complaint on grounds of alleged lack of jurisdiction of the Lokpal, as no corruption allegations were established under the Prevention of Corruption Act, 1988. A division bench of Chandra Dhari Singh and Anup Jairam Bhambhani, JJ., granted an interim stay on the operation of the impugned order dated 06-01-2025, the notices dated 07-01-2025, the subsequent order dated 04-03-2025, and the proceedings pending before the Lokpal. Read more HERE
PRACTICE AND PROCEDURE
BOMBAY HIGH COURT | S. 24 CPC cannot be invoked for proceedings filed without jurisdiction, Order VII Rule 10 CPC has to be invoked
In a writ petition challenging the impugned order wherein the 4th Joint Civil Judge, Senior Division (‘Civil Court’), citing lack of jurisdiction, referred the matter to the Principal District Judge (‘PDJ’) for transferring the suit to the Commercial Court by invoking Sections 24 and 25 of Code of Civil Procedure, 1908 (‘CPC’), a Single Judge Bench of R. M. Joshi, J., allowed the petition, holding that the only option available for the Court was to pass order of return of the plaint that too after complying Rule 10A of Order VII of CPC and not to refer the matter to PDJ for invocation of Section 24 of CPC. Accordingly, the Court set aside the impugned order and remanded the case to Civil Court. Read more HERE
KERALA HIGH COURT | Magistrate’s jurisdiction under S. 14 of SARFAESI Act doesn’t involve adjudication; Passing orders in printed format with just filled-in details is unjustifiable
In an original petition filed against the order of Debts Recovery Tribunal (‘Tribunal’), wherein the Tribunal set aside the decision of the Chief Judicial Magistrate, on the ground that the Magistrate’s order was passed without proper application of mind and was a mere printed format, the Single Judge Bench of Gopinath P., J. while upholding the Tribunal’s order, highlighted that while the exercise of jurisdiction by the Magistrate under Section 14 of the SARFAESI Act does not involve adjudication, passing orders in a printed format with merely filled-in details cannot be justified. The power under Section 14 has significant consequences, which is why it is entrusted to high-ranking officials like the District Magistrate or Chief Judicial Magistrate. Although the accuracy of the affidavit filed by a bank may not need detailed scrutiny, the Magistrate must still apply his mind to ensure the procedure is followed before passing any order. . Read more HERE
ARMED FORCES/ RESERVATION
TELANGANA HIGH COURT | Relief denied to BSF personnel wards claiming eligibility for reservation granted to Armed Forces personnel’s wards in medical courses
In a set of writ petitions filed by dependents of Border Security Force (‘BSF’) personnel challenging the constitutionality of provisions of the Andhra Pradesh/Telangana Unaided Non-minority Professional Institutions (Regulations of Admissions into Under Graduate Medical and Dental Professional Courses) Rules, 2007, (‘2007 Rules’) and the Telangana Medical and Dental Colleges Admission, (Admission into MBBS & BDS Courses) Rules, 2017 (‘2017 Rules’), which reserve 1 percent seats for children of ex-servicemen and service personnel of the three wings of Armed Forces and domiciled in the Telangana, the Division Bench of Sujoy Paul*, ACJ., and Renuka Yara, J., dismissed the petitions, holding that the Armed Forces and BSF/ Central Armed Police Force (‘CAPF’) did not form a homogenous class and the State had satisfied the twin test of equality enshrined under Article 14 of the Constitution. Read more HERE
SERVICE LAW
MADRAS HIGH COURT | Ex-serviceman’s plea seeking inquiry into Havana Syndrome in India, dismissed; Cited lack of evidence and jurisdictional limits
In a matter concerning the Havana syndrome inquiry, the division bench of S. M. Subramaniam* and K. Rajasekar, JJ. concluded that the appellant had not provided sufficient evidence to substantiate his claims, and the matter was beyond the jurisdiction of the Indian judiciary. Read more HERE
HIMACHAL PRADESH HIGH COURT | Pensionary benefits granted to daily wage worker with less than 10 years of service
In a writ petition filed by a daily wage worker seeking pensionary benefits for the service rendered by him, a Single Judge Bench of Satyen Vaidya, J., allowed the petition, holding that the petitioner had rendered more than 8 years but less than 10 years of service thus, his service was to be treated as 10 years, which qualified him for pensionary benefits. Read more HERE
ALLAHABAD HIGH COURT | Graduation and Post Graduation qualifications cannot be considered as preferential qualifications for Anganbadi Karyakatri post
In a petition filed praying for consideration of petitioner’s candidature for the post of Anganbadi Karyakatri by allowing her to submit her Post Graduation degree which she could not submit due to technical flaw while filling up online application form, Ajit Kumar,J. held that the provision for preparing the merit list based on Post Graduation qualification was directory in nature. Hence, the respondents were directed to prepare the merit list strictly in accordance with the minimum qualification prescribed, allotting marks based on the High School and Intermediate qualifications as per the advertisement issued, and not based on Graduation or Post Graduation, as no preferential qualification was prescribed under the relevant Government Order. Read more HERE
GOA TOURIST PLACES (PROTECTION AND MAINTENANCE) ACT
BOMBAY HIGH COURT | Principles of natural justice to be read into S. 8 of Goa Tourist Places (Protection and Maintenance) Act, 2001 prior to directing recovery of expenses/costs incurred to remove nuisance
The present writ petition was filed under Articles 226 and 227 of the Constitution wherein the issue raised was “whether the principles of natural justice were required to be complied with prior to directing recovery of the amount of expenses and costs incurred by the competent authority in removing any nuisance under Section 8 of the Goa Tourist Places (Protection and Maintenance) Act, 2001 (‘the 2001 Act’). Division Bench of A.S. Chandurkar* and Nivedita P. Mehta, JJ., opined that even if there was no mention whatsoever of the requirement of complying with the principles of natural justice under Section 8 of the 2001 Act, the same must be read into the said provision to ensure compliance of the principles of natural justice and procedural fairness. Therefore, it could not be held that the principles of natural justice stood excluded even by implication. The Court thus held that the order dated 15-7-2019 passed by the Competent Authority and the order dated 28-6-2024 passed by the Appellate Authority were liable to be quashed and set aside. Read more HERE
CRIMINAL LAW
KERALA HIGH COURT | ‘Expert’s report under S. 293 CrPC not a substitute for certificate under S. 65-B of Evidence Act’; Conviction in rape and murder case, set aside
In a criminal appeal filed by the convict challenging his conviction and sentence imposed under Sections 3021, 376-A2 and 2013 IPC, the division bench of Raja Vijayaraghavan V and P. V. Balakrishnan*, JJ., held that the report of an expert obtained under Section 293 of the Code of Criminal Procedure, 1973 (‘CrPC’) cannot be considered as a substitute for a certificate under Section 65-B of the Evidence Act, 1872 which is used to prove the validity of electronic evidence. The admissibility of a Section 293 CrPC report simply means that the report can be read as evidence of its contents, but it does not automatically validate any attached electronic media. Therefore, while the expert’s statement may be authoritative, it is not equivalent to the statutory certificate that authorizes the court to treat the DVD as evidence of the video’s contents. Hence, the Court set aside the conviction and sentence of the convict and remanded the case to the Trial Court for the purpose of adducing the electronic records available in the case, as per law. Read more HERE
MADHYA PRADESH HIGH COURT | Woman though can’t commit rape, but can be held liable for abetment to rape under Section 109 IPC
In a Criminal Revision filed under Section 397 read with Section 401 of the Criminal Procedure Code, 1973 (CrPC) against Additional Sessions Judge’s order wherein charges were framed against them under Sections 376 read with 34, 190, and 506-II of Penal Code, 1860 (IPC), a single-judge bench of Pramod Kumar Agrawal, J., modified the order and directed the trial court to frame charges under Section 376 read with 109 IPC instead of Section 376 read with 34 IPC, while keeping the remaining charges intact. Read more HERE
KARNATAKA HIGH COURT | ‘Attempt to curtail individual’s personal freedom’; Externment order quashed; Directed State to pay ₹ 25,000/- in litigation costs
In a writ petition challenging the orders by Collector and District Magistrate and Divisional Commissioner, Shahdol, which externed the petitioner from District Umariya and neighboring districts for one year, a single-judge bench of Vivek Agarwal, J., deemed both the orders as cryptic and arbitrary and appearing to be an attempt on behalf the mighty State to curtail the personal freedom of an individual and quashed them. Read more HERE
CODE OF CIVIL PROCEDURE ,1908
KARNATAKA HIGH COURT | Act of City Civil Judge citing non-existing cases to back decision termed as ‘disturbing’; Probe directed in the matter
While considering the instant revision petition challenging the rejection of appellants’ (hereinafter defendants) application under Order VII Rule 10 of the Code of Civil Procedure code, 1908 (CPC) by the City Civil Judge, the Bench of R. Devdas, J.*, took strict note of the City Civil Judge relying on non-existent judgments rendered by the Supreme Court to pass the impugned order and said that this act of the Civil Judge would require further probe and appropriate action in accordance with law. Therefore, the Court directed that the instant order be placed before the Chief Justice of Karnataka High Court for further action against the Civil Judge. Read more HERE
DIVORCE
KARNATAKA HIGH COURT | ‘Husband is entitled to peace and emotional relief that can only be found in dissolution of this broken bond’: Upholds divorce on grounds of cruelty by wife
In a set of two matrimonial appeals against the Family Court’s decision granting the decree of dissolution of marriage subject to payment of alimony of Rs. 63,00,000/- and dismissing the plea for restitution of conjugal rights, the Division Bench of Chittaranjan Dash* and BP Routray, JJ. dismissed the appeal and upheld the High Court’s view, holding that a heart-wrenching picture of a marriage that once held promise but gradually descended into a cycle of emotional turmoil, intimidation, and relentless litigation was drawn. Read more HERE
