HIGH COURT JANUARY 2025 WEEKLY ROUNDUP | Khadi’s Device Mark; Police Protection for Live-In Couples; Wonderchef’s Reputation; and more
A quick legal roundup to cover important stories from all High Courts this week.
delay
‘Undue delay in issuing execution warrant for death penalty violates convicts right under Art. 21’; SC issues directions to tackle delays
“Article 21 of the Constitution does not end with the pronouncement of the sentence but extends to the execution stage of that sentence. An inordinate delay in the execution of the sentence of death has a dehumanising effect on the accused. An inordinate delay caused by circumstances beyond the prisoners’ control mandates the commutation of a death sentence.”
SC directs all States to penalise officers responsible for delay in filling of appeals causing huge loss to Government exchequer
“Though the Government adopts systematic approach in handling the legal issues and preferring the petitions/applications/appeals well within the time, due to the fault on the part of the officials in merely communicating the information on time, huge revenue loss will be caused to the Government exchequer.”
2017 Mandsaur Firing | MP High Court rejects PIL to table Justice Jain Commission Report before MP legislative assembly after 6-7 yrs delay
The Justice Jain Commission Report pertains to the 2017 Mandsaur farmers’ protest, during which police action resulted in five deaths and several injuries.
[1992-93 Bombay Riots] SC seeks report on compliance of directions for tracing heirs of victims and payment of compensation
The 1992 and 1993 riots in Bombay were triggered by the demolition of Babri Masjid and led to unfortunate 900 death, 168 persons missing and about 2036 suffered injuries.
Allahabad HC directs Principal Secretary to implement guidelines in Government departments to avoid filing Arbitration appeals beyond statutory time limits
“The rationale behind such stringent timelines is rooted in the principles of finality and efficiency, which are paramount in arbitration. The limitation period serves as a deterrent against undue delays and encourages parties to act promptly, thereby ensuring that the arbitration process remains expeditious.”
‘Time limit for sample analysis must be scrupulously followed’; Bombay HC sets aside penalty imposed on TATA Chemicals Ltd. for selling substandard iodized salt
The delay in completing the analysis may have resulted in salt samples getting deteriorated because of exposure to heat, light, moisture, etc which may have resulted in deteriorating its standard and thus it became substandard, as Iodized Salt can lose its iodine due to the environmental factors.
Recognizing emotional toll of delays in rape cases is crucial; survivors’ appearance in courts for deposition must be minimum: Delhi High Court
The delay in administration of justice not only interferes with the healing process of rape victims, but also prolongs their journey towards closure and recovery of such traumatic experience.
No form of mediation permissible in POCSO cases; Delhi High Court denies relief to father in POCSO case due to delay, child’s best interests
Delhi High Court issued a mandatory reminder, rather than a gentle reminder that it is essential to emphasise that in cases involving offences of serious nature, particularly those falling under the Protection of Children from Sexual Offences (POCSO) Act, no form of mediation is permissible.
Delay in issuance of advertisement will not create any right/legitimate expectation to seek relaxation in upper age limit for an examination: Patna HC reiterates
“It is a policy decision and the criteria prescribed by the advertisement, whether it is relating to age and/or the essential qualification, cannot be interfered with.”
Delhi High Court| Delay in the handing over of the Right of Way is a material breach of contract if it affects the issuance of the Completion Certificate
The Court is not meant to act as a Court of first appeal and cannot supplant its view over that of the Arbitral Tribunal.
[Preventive Detention] | Unreasonably belated consideration of representation is equivalent to non-compliance of Art. 22(5) of the Constitution: J&K and Ladakh HC
The detenue specifically alleged that he made a representation against impugned detention order, however, the same was not considered by the detaining authority.
Public authorities should be made accountable for lapses or failure to discharge its duties: Himachal Pradesh High Court
“Public authorities hold the public funds in trust. The public money cannot be allowed to be wasted by unjustified delays caused by the public authorities in discharge of their duties.”
“Lokayukta must set its house in order”; Karnataka HC takes stern note of delay in completion of investigation in a disproportionate asset case
Even though the delay in the instant case was caused due to petitioner’s actions, nevertheless, Lokayukta must complete the investigations within a time frame for a delay may defeat several rights of the petitioner.
Delhi High Court denies injunction under S. 9 of A&C Act as it will delay the strengthening and overlaying of NH-48 initiated by NHAI
Sections 20-A and 41(ha) of the Specific Relief Act, 1963 expresses the legislative intent to not grant injunctions relating to infrastructure projects where delay may be caused by such an injunction. Thus, the role of Courts in this exercise is to interfere to the minimum extent so that public work projects are not impeded or stalled.
“S. 12 is heart and soul of Domestic Violence Act”; Karnataka High Court directs Magistrates to decide applications within the mandated period of 60 days
In a clinical dissection of the Domestic Violence Act, 2005, the Karnataka High Court stated that the victims’ grievances such as maintenance or shelter etc., must be addressed with immediacy, which is why the legislation has mandated a specific time frame.
Specific Relief| Supreme Court shows dismay over Trial Court & Telagana HC’s orders allowing “hopelessly delayed” application seeking extension of time filed after 853 days; sets aside order
The Supreme Court was unimpressed with the explanation given by the plaintiff for the delay of 853 days that he initially fell sick with Jaundice and was later confined to house with High Blood Pressure, Diabetes and other diseases. The petition had extension of time to deposit the balance sale consideration of Rs. 15,00,000/-.
NCLAT | IBC overrides Limitation Act; Delay beyond period of 45 days cannot be condoned
While adjudicating an appeal file with a delay of 55 days, the Tribunal held that S. 238 IBC overrides S. 12 of the Limitation Act, 1963 and therefore this Tribunal does not have power to condone a delay beyond a period of 45 days.
Allahabad High Court rejects claim of compassionate appointment after 27 years delay of adopted son
Allahabad High Court: Saurabh Shyam Shamshery, J. dismissed a writ petition filed for claiming compassionate appointment stating that compassionate appointment
Bombay High Court alarmed by long pendency of POCSO cases; Principal judge to submit causes for delay and unequal distribution of cases
Bombay High Court: Bharati Dangre, J. while hearing a bail application of a man accused of raping and impregnating a 14-year-old in