Allahabad High Court
Disability
In a case where an employee of Central Bank of India petitioned to be exempted from routine transfers due to permanent disability of wife, Rajesh Singh Chauhan, J. held that the transfer is an exigency/ incidence of service and no courts are ordinarily interfered with the transfer orders but if such transfer may be avoided for any specific compelling reason and that reason is unavoidable, the Competent Authority being model employer should consider such condition sympathetically. Read more
Right to Education
The Division Bench of Rajesh Singh Chauhan and Subhash Vidyarthi, JJ., dealt with a case where the admission of a class VIII student was rejected by the school authorities without proper information being given to the parents on time, so that such student could get his admission in any other institution inasmuch as to receive proper education is a Fundamental Right enshrined under Article 21-A of the Constitution of India. Read more
Manual Scavenging
The Division Bench of Manoj Kumar Gupta and Chandra Kumar Rai, JJ., took up suo motu cognizance and directed the authorities concerned to take concrete measures for implementation so that some change is discernible in the working conditions of the sanitary workers in line with Standard Operating Procedure (SOP) to be followed in cleaning sewers and septic tanks. Read more
Andhra Pradesh High Court
Habeas Corpus
A Division Bench of Tarlada Rajashekhar Rao and K Manmadha Rao, JJ., directed the State authorities to produce the detenu-wife before Court as couple is major and have agreed to live together. Read more
Bombay High Court
POCSO
The Division Bench of Prasanna B. Varale and S.M. Modak, JJ. dismissed an FIR lodged under Section 376 of the Penal Code, 1860, and Section 4 of the POCSO Act, observing that the conflict had been addressed and the girl and boy intended to marry. Read more
Personal Liberty
A.S. Chandurkar and Amit Borkar, JJ., stated that the right to travel abroad is spelled out in Article 21 of the Constitution and that the provisions of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993, do not implicitly confer such powers on the Debt Recovery Tribunal to restrain a person from travelling abroad. Read more
Extra-Marital Affair
The Division Bench of Sunil B. Shukre and G.A. Sanap, JJ., granted an application to quash an FIR filed under Section 306, 34 Penal Code. Read more
Advertisement/ Qualification
The petitioners contested a School Tribunal judgement ordering them to reinstate the respondent/employee. In overturning the Tribunal’s decision, the Bench of Rohit B. Deo, J. clarified that job advertisements are not limited to reserved positions. Under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, it is also obligatory to advertise the positions in the open category. Read more
Motor Vehicles Act, 1988
S.G. Mehare, J., authorised an appeal against the July 30, 2001 order of the Commissioner for Workmen’s Compensation and Judge Labour Court. Read more
Burden of Proof
The appeal against the appellant’s conviction for the offence is punishable under section 302 of the Penal Code, 1860, whereby he was sentenced to suffer R.I. for life and a fine of Rs. 5,000, was permitted by the Division Bench of Sadhana S. Jadhav and Milind N. Jadhav, JJ. Read more
Copyright Infringement
RI Chagla J. awarded an ad-interim injunction in favour of the “Janhit Mein Jaari” film’s creators and ordered the defendants to take down infringing links right away. Read more
Hindu Marriage Act
Bharati Dangre, J. dismissed a writ petition brought by the petitioner-husband against maintenance order towards his daughter stating that an unmarried major Daughter is entitled for maintenance from her father and glossy life on Instagram do not prove independent and sufficient income to exempt petitioner’s responsibility/liability. Read more
Consent vis a vis Sexual Relationship
Bharati Dangre, J. rejected an anticipatory bail application which was filed apprehending arrest for the offences punishable under Sections 376(2)(n), 376(2)(h) and 417 of the Penal Code, 1860 and held that merely sharing friendly relationship with a girl does not permit a boy to take her for granted and construe it as her consent to establish physical relationship. Read more
Departmental Proceedings
The Division Bench of S.B. Shukre and G. A. Sanap, JJ. sets aside an FIR for the offences punishable under Sections 13(1)(c)(d) and 13(2) of the Prevention of Corruption Act, 1988 in the matter of departmental proceedings being based on identical/similar charges as criminal proceedings cannot be proceeded with if accused was exonerated in departmental proceedings based on identical/similar charges. Read more
Calcutta High Court
Gratuity/ Pension
Amrita Sinha, J. dismissed a petition filed by an Assistant Teacher who retired on October 31, 2020, concerning the delayed payment of the gratuity and arrear pension amount. Read more
Dispute Bill
Sabyasachi Bhattacharyya, J. granted a petition directing CESC Ltd. to restore the petitioner’s electricity supply unconditionally. Read more
Peaceful Procession
Shampa Sarkar, J. heard a petition alleging that the Commissioner of Police, Kolkata, denied Utshi United Primary Teachers Welfare Association permission to march peacefully from Raja Subodh Mullick Square Park to Rani Rashmoni Avenue on June 11, 2022. Read more
Reasonable Opportunity
The Division Bench of Debangsu Basak and Bibhas Ranjan De, JJ. dismissed an appeal directed against the order dated 09-02-2022, holding that, despite the assessee receiving additional evidence regarding the quantum of tax liability after the conclusion of the order or refund, there was no material irregularity in the order of refund warranting interference under Article 226 of the Indian Constitution. Read more
Child Trafficking
Ananya Bandyopadhyay and Joymalya Bagchi, JJ., the division bench, denied a request for bail in a human trafficking case. The report was read in court, and it said that on June 14, 2022, psychological treatment was provided to trafficking victims. A request has been submitted for the lawful award of interim compensation. To provide the aforementioned witnesses with the security they need, measures were taken. Read more
Prostitution
A revisional application was filed for the quashing of the proceedings under Sections 3, 4, 5, 7, and 18 of the Immoral Traffic (Prevention) Act, 1956 (commonly referred to as the “I.T.(P) Act”) read with Section 120-B of the Penal Code, 1860,” and also for the setting aside of the order by which the Additional Chief Metropolitan Magistrate took cognizance against the current petitioner. This application was granted by Judge Ajoy Kumar Mukherjee. Read more
Victim Compensation Scheme
After hearing a petition, Moushumi Bhattacharya, J. gave instructions about the non-payment of victim compensation following a decision made by the Secretary of the District Legal Services Authority setting the compensation amount at Rs. 1,50,000/-. Read more
Arbitration
The Arbitral Tribunal’s award was affirmed by Shekhar B. Saraf, J., who also ruled that the award holder should be held liable for the full sum, plus interest and additional fees. Read more
Delhi High Court
Arbitration & Conciliation
While addressing the ineligibility of an arbitrator to be appointed, Vibhu Bhakru, J., elaborated on the expression ‘close family member’ and the likelihood of bias. Read more
Dishonour of Cheque
Asha Menon, J. refused to allow a petition filed under Section 482 CrPC seeking quashing of summoning order passed by the Metropolitan Magistrate, Patiala House Courts in a complaint filed by the respondents 1 and 2 against the petitioner under Section 138 read with Section 142 of the Negotiable Instruments Act, 1881. Read more
Income Tax Act
The Division Bench of Manmohan and Manmeet Pritam Singh Arora, JJ., expressed that, merely because there was a delay of one day in asking for an adjournment, the assessee living outside India cannot be denied his right to file an objection to Show Cause notice. The present petition had been filed challenging the order passed under Section 148 A (d) of the Income Tax Act, 1961, and the notice was passed under Section 148 of the Act. Read more
A Division Bench of Manmohan and Manmeet Pritam Singh Arora JJ. dismissed the petition and ordered the respondents to refund the amount adjusted more than 10% of the disputed tax demands for the Assessment Year 2017-18 to the petitioner. Read more
Arbitration
While hearing an application against an arbitral tribunal’s award, Vibhu Bakhru, J. ruled that the arbitral tribunal could not rewrite or examine the parties’ agreement. Read more
FATF/ Economic Security
The Division Bench of Mukta Gupta and Mini Pushkarna, JJ., stated that the simple smuggling of gold without any link to a danger to the country’s economic security or monetary stability is not a “terrorist crime” under the Unlawful Activities (Prevention) Act. Read more
Police Post
In a case where a police officer was injured after being attacked with an illegal weapon outside of the police station, Talwant Singh, J., stated that a police station is a place where people go to lodge complaints about disputes among themselves, not a place where public servants are supposed to be attacked. Read more
Trademark Infringement
Prathiba M. Singh, J. granted Colorbar Cosmetics Private Limited an ad interim ex parte injunction, restraining the Canada-based Faces Cosmetics India Private Limited from manufacturing, selling, and offering for sale cosmetics and other products under the trademark “Velvet matte.” Read more
Jyoti Singh, J. granted an ex-parte injunction and noted that a stricter approach is required in cases of medicinal preparations and products because any confusion between the respective medicinal products is likely to have a disastrous effect on public health. Read more
Dinesh Kumar Sharma J. granted an ex parte injunction to Voltas Limited restraining a website from using their registered trademark and logo VOLTAS and block and suspend the website. Read more
Matrimonial Offences
Swarana Kanta Sharma, J., stated that cases under Section 376 of the Penal Code, 1860 should not be quashed and should not be considered a crime against the society at large. However, in unusual circumstances, where the complainant states that her future depends on the quashing of the FIR and adds that the rape was not committed upon her, it would be in the interest of justice to quash the FIR. Read more
Illegality
Geetanjali Goel, J. upholds the discharge of Delhi CM and others in the Anshu Prakash assault case, finding no reason to interfere with the Trial Court’s impugned order and dismissing the petition as without merit. Read more
Adjudication
A Division Bench of Manmohan and Manmeet Pritam Singh Arora, JJ., dismissed the petition and ordered a new adjudication since the Assessing Officer did not examine any of the representations and contentions. Read more
Organ Donation
Yashwant Verma, J. dismissed the petition and directed the respondent hospital to process the petitioner’s application and request following the law. Read more
POCSO
A Division Bench of Mukta Gupta and Mini Pushkarna, JJ., maintained the assailed conviction decision, citing the accused’s terrible act of rape on a four-year-old child from his close family. Read more
Income Tax
Jyoti Singh and Anoop Kumar Mendiratta, JJ., of the Division Bench, struck aside notices addressed to a deceased assessee despite being informed of his death by his relatives. Read more
Injunction
Pratibha M Singh, J. issued directives to domain name registrars whose offices are located outside of India and whose details are not disclosed so that they do not avoid injunction orders issued by Indian courts. Read more
Compensation
Manoj Kumar Ohri J. dismissed the petition because the employer-employee relationship was established before the court by a witness and strict rules of evidence are not applicable in such cases. Read more
Controller of Patents
The applicant did not intend to abandon, the court should be lenient in its approach if it is convinced that the patent agent made a mistake and the applicant can demonstrate full diligence, said Pratibha M. Singh J., who also excused the delay in filing the applicant’s reply to the First Examination Reports. Read more
Foreign National Reservation
The refusal of admission by AIIMS and PGIMER was supported by Sanjeev Narula, J., because PGIMER did not promote seats for foreign nationals simply because it mentioned the requirements for admission as a foreign citizen in its prospectus. Read more
Mandamus / Judicial Review
Table tennis players Swastika Ghosh and Manush Shah, who had challenged the decision made by the Table Tennis Federation of India on the athletes who will represent India in the Commonwealth Games in 2022, were refused relief by Dinesh Kumar Sharma, J. Read more
Gujarat High Court
Wages
Biren Vaishnav, J. dismissed a petition filed by a petitioner who was dissatisfied with the award dated 14-02-2020, which directed the petitioner-State of Gujarat to pay the respondent-sweeper salary for four hours of work per day, plus arrears from the date of reinstatement. Read more
Rape/Sodomy
Biren Vaishnav, J. dismissed a petition filed by a petitioner who was dissatisfied with the award dated 14-02-2020, which directed the petitioner-State of Gujarat to pay the respondent-sweeper salary for four hours of work per day, plus arrears from the date of reinstatement. Read more
Family Law
The Division Bench of Vipul M. Pancholi and Rajendra M. Sareen, JJ., rejected a plea brought by the father under Article 226 of the Indian Constitution seeking custody of his daughter. Read more
Arms Act
The licence under the Arms Act of 1959 (“the Arms Act”) for self-defense was rejected by the District Magistrate, and the Additional Secretary Home Department of the State Government upheld the previous ruling in an appeal. The petitioner filed a challenge, which was accepted by Judge A.S. Supehia. Read more
Promotion
A petition asking for a directive to nullify and disregard the Seniority List of Multi-Purpose Health Workers was granted by Judge Biren Vaishnav. Read more
PPF
A.S. Supehia, J. allowed a writ petition directing Bank to deposit PPF amount deducted for settlement of liability that the amount of Public Provident Fund account shall not be liable to any attachment in respect of any debt or liability incurred by the account holder. Read more
Gauhati High Court
Anticipatory Bail
Sanjay Kumar Medhi, J. denied a petitioner’s request for bail under Section 438 of the Criminal Procedure Code, 1973 (CrPC), in a case that was filed under Sections 21(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. Read more
Drug and Food Safety
According to Rumi Kumari Phookan J., only a food inspector can investigate offences under the Food Safety and Standards Act, 2006 (FSS Act), and Maharashtra Police lacks both jurisdiction and jurisdictional authority to do so. As a result, the court ordered Maharashtra Police to pay the petitioner Rs. 2,00000 as petition costs. Read more
Narcotic Drugs and Psychotropic Substances Act
While granting bail to the applicant herein, under Section 439 of the Criminal Procedure Code (CrPC) for a case registered under Narcotic Drugs and Psychotropic Substances Act, 1985, Ajit Borthakur, J. held that the provisions of Section 37 of the NDPS Act shall not be applicable if the service courier driver is unaware of what is being transported by him. Read more
Himachal Pradesh High Court
Arbitral Proceeding
In the case where it was argued before the Court that the Arbitration and Conciliation Act, 1996 does not provide for any remedy to challenge an arbitral order and was therefore contrary to the “public policy of India,” Satyen Vaidya J. observed that, “The term “public policy of India” carries within it innumerable facets. Read more
Bail/ Parole
The plea for a parole extension filed under Section 482 of the Criminal Procedure Code (the “CrPC”) was denied by Judge Vivek Singh Thakur because Article 226 of the Indian Constitution provides the appropriate remedy. Read more
Jammu & Kashmir and Ladakh High Court
Anticipatory Bail
While deliberating on an anticipatory bail application concerning an FIR registered in Neemuch, Madhya Pradesh, the Bench of Sanjay Dhar, J., considered whether this High Court has the jurisdiction to grant bail in a case that has been registered beyond its local limits of jurisdiction under Section 438, CrPC. Read more
Right to Life
While reviewing the information and concerns provided by the petitioners, the M.A. Chowdhary, J. bench made some important remarks regarding the voluntary marriage of two adults. The Court declared that Articles 19 and 21 of the Constitution properly recognise a couple’s right to get married. Read more
Kashmiri Pandits
The bench of Sindhu Sharma, J., dismissed the petition because the petitioners lacked any inalienable right to allotment of government housing when ruling on the instant petition filed by 3 retired State Bank of India employees who had retained their respective government accommodations and were unhappy with the rent being charged at a commercial rate. Read more
Jharkhand High Court
Qualification for promotion
Anubha Rawat Choudhary, J. held that the respondent had the necessary experience of guiding research at the Doctoral level as of the cut-off date in a case relating to qualification to be appointed as a professor at Vinoba Bhave University, even though the concerned research student did not receive her degree. Read more
Karnataka High Court
Rape
M Nagaprasanna, J., annulled the proceedings against the petitioners in Byadarahalli Police Station Crime No.87 of 2022, which was pending before the Chief Judicial Magistrate, Bangalore Rural District, Bangalore. Read more
Agricultural land compensation
A Division Bench of Alok Aradhe and J M Khazi, JJ., rejected the appeal and overturned the impugned verdict, ordering the appellants to determine and pay the compensation to the respondents. Read more
Protection of Witness
S. Sunil Dutt Yadav, J. listed a few causes of investigation delay, the primary causes of low conviction rate, the consequences of investigation delay, and guidelines for speedy investigation. Read more
Bigamy
M. Nagaprasanna, J. granted the petition in part and remarked that the quadrangle’s protagonists should resolve the issue among them rather than drag other people into the proceedings. Read more
Principles of Natural Justice
S.G. Pandit, J. dismissed the petition, leaving respondent-Railway authorities free to take action against the catering services after providing them with an opportunity under the law. Read more
Cruelty/ Divorce
The plea was partially granted by the division bench of S. Sunil Dutt Yadav and K.S. Hemalekha, JJ. The parties’ marriage was ended due to mental cruelty for the wife’s unfounded accusations against the husband. Read more
Domestic Violence
M. Nagaprasanna J. granted the petition and ordered that the application for maintenance be decided within two weeks after receiving a copy of this decision. Read more
Child sexual offence
The victim has now turned 18 years old, so the strictures under S. 33(5) of the Protection of Children from Sexual Offenses Act, 2012 (the “POCSO Act”) are no longer relevant. Therefore, M. Nagaprasanna, J. granted the petition filed to conduct an additional cross-examination of the child victim. Read more
Dowry Death
The FIR against the lady who had illicit connections with the complainant’s husband and was charged under Section 498-A of the Penal Code, 1860 was dismissed by Hemant Chandangoudar J. Read more
Dishonour of Cheque
M. Nagarprasanna J. allowed a petition filed under Section 482 of Criminal Procedure Code, 1973 (CrPC) and directed that interim compensation which would vary from 1% to 20% after recording necessary reasons be given as per the “conduct of the accused” for the applications filed under Section 143-A of the Negotiable Instruments Act, 1881 (NI Act). Read more
Kerala High Court
Habeas Corpus/ Special Marriage
A Division Bench of K Vinod Chandra and C Vijayachandran, JJ. dismissed the plea and denied the requested relief, concluding that the detainee maintained that he was not under any unlawful confinement. Read more
POCSO
Taking note of the alarming increase in the number of sexual offences committed against schoolchildren, Bechu Kurian Thomas, J., directed the Kerala Government and the Central Board of Secondary Education (CBSE) to include sessions/classes in the school curriculum on the provisions of the Protection of Children from Sexual Offenses Act, 2012. Read more
NTPC/ Discrimination
The decision by V.G. Arun, J., that NTPC’s notification for the recruitment of Assistant Law Officers is discriminatory and in violation of Article 16 of the Constitution because it restricts the selection process to only CLAT PG-2021 candidates comes as a significant relief to non-NLU law graduates looking for employment opportunities in PSUs. Read more
Cruelty/Desertion
A. Muhamed Mustaque and Sophy Thomas, JJ., who made up the Division Bench, ruled that cruelty must be judged from the viewpoint of a spouse, or how that spouse would interpret the actions of the other spouse, to be considered. Read more
Anticipatory Bail
Vijay Babu, a film producer and artist, was granted anticipatory bail by Bechu Kurian Thomas, J., in a high-profile rape case that sparked outrage in the film industry. The Court ruled that there is no legal prohibition against granting anticipatory bail to a person who is physically present overseas. Read more
Reproductive Rights
The Assisted Reproductive Technology (Regulation) Act of 2021 prohibits the sale of human gametes, zygotes, and embryos but does not forbid a couple from using their embryo to conceive a child. This is why V.G. Arun, J., allowed a couple to transfer their frozen embryo to another hospital for infertility treatment. Read more
Pre Arrest Bail
In a case concerning attacks against doctors and medical institutions, Bechu Kurian Thomas, J., denied pre arrest bail and held that granting pre-arrest bail to an accused who is alleged to have committed violence against a healthcare professional will send a wrong message to the public. Read more
Compulsory Licensing
While adjudicating a petition filed by a breast cancer patient seeking to afford life-saving medicines which otherwise cost more than twice her monthly income, V. G. Arun, J. directed Central Government to consider compulsory licensing of the breast cancer drug “Ribociclib”. Read more
Madhya Pradesh High Court
Rape
Anand Pathak, J. granted a petition filed under Section 482 of the Code of Criminal Procedure seeking the dismissal of an FIR filed against the petitioner and subsequent criminal proceedings for an offence under Sections 376 and 506 of the Penal Code, 1860. Read more
Bail/ Corruption
The applicant was arrested on February 3, 2022, for a crime punishable by Sections 409, 420, 467, 468, 471, 201, and 120-B of the Penal Code, 1860, as well as Sections 7, 13(1) and 13(2) of the Prevention of Corruption Act, 1988. Anand Pathak, J. refused the applicant’s motion for bail. Read more
Arya Samaj
A petition was submitted to address and investigate several concerns regarding marriages solemnized in Arya Samaj Vivah Mandir Trust, and the Division Bench of Rohit Arya and Milind Ramesh Phadke, JJ. accepted it. Read more
Motor Vehicle
While dismissing an appeal filed under Section 173(1) of the Motor Vehicles Act, 1988 , Vishal Dhagat, J. held that the present case is a case of misrepresentation on the part of legal representatives/driver/owner of vehicle in contracting with the appellant for purchase of policy in name of deceased owner as contract entered between the parties is not voidable. Read more
Madras High Court
Mental Illness
G R Swaminathan J. answered in negative to the moot consideration that can certifying authority insist a Child suffering from mental illness, who requires a disability certificate, to come to premises of institution for assessment. Read more
Educational certificate
While addressing the grievance of some qualified doctors, G.R. Swaminathan, J. stated that because an educational certificate is not a marketable commodity, no lien can be exercised under Section 171 of the Indian Contract Act, 1872. Read more
Income Tax Appellate Tribunal
G. Chandrasekharan, J. declined to quash prosecution against actor SJ Suryah as the order of the Income Tax Appellate Authority, cancelling the assessment orders was not on merits. Read more
Social Media Intermediaries
B. Pugalendhi, J., revoked the bail of a YouTuber who made disparaging statements about the former Chief Minister of Tamil Nadu. Read more
Documentary/Oral Evidence
Senthil Kumar Ramamoorthy, J., stated that a suit cannot be hurriedly determined at the request of a plaintiff unless the plaintiff convinces the court that the suit claim has been fully established. Read more
Income Tax
A Division Bench of R Mahadevan and Sathya Narayan Prasad, JJ. rejected the tax appeal because guarantee commission and royalty must be subtracted from company profit to calculate the deduction under Section 80 HHC of the Income Tax Act, 1961. Read more
Service Rules
S M Subramaniam, J. upheld the decision taken by Indian Banks Association to unilaterally withdraw the facility for State Bank of India officers to visit overseas countries as part of Leave Travel Concession ‘LTC’/ Home Travel Concession ‘HTC’. Read more
Meghalaya High Court
POCSO
W Diengdoh J. quashed a POCSO case opining that just holding the hands of the victim girl and complimenting them would not amount to sexual intent or sexual assault under POCSO. Read more
Rape
The appeal, which challenged the April 27, 2021 judgement of conviction finding the appellant guilty under Section 376(2) of the Penal Code, 1860, was decided by the Division Bench of Sanjib Banerjee, CJ. and W. Diengdoh, J. The main focus of the appeal was the 20 years of rigorous imprisonment and Rs. 50,000 fine that was imposed. Read more
Public Interest Litigation
A petition concerning the current health-care system was heard by the Division Bench of Sanjib Banerjee, CJ, and W. Diengdoh, J. Read more
Life Imprisonment
The Division Bench of Sanjib Banerjee, Chief Justice, and W. Diengdoh, J., dismissed the petition and set aside the conviction order, which was directed against a judgment of conviction under Section 302 of the Penal Code, 1860 and the order of punishment, which sentenced him to life in prison. Read more
Orissa High Court
Superannuation
S.K. Panigrahi, J., denied the petition, stating that “no plea for a change of date of birth after five years from the joining date will be considered.” Read more
Transgender Rights
A.K. Mohapatra, J., has been instructed to complete the trans-sexual woman’s application for a family pension as soon as feasible, ideally within six weeks after receiving a certified copy of the order. Read more
Administrative laches
S. K. Panigrahi, J., ordered the State to pay simple interest at the rate of 6 percent per year on postponed salary within 30 days of today. Read more
Guardian and Wards Act
The case was dismissed by a Division Bench consisting of SK Sahoo and M S Raman JJ., giving the petitioner the freedom to seek the proper remedy before the proper venue in line with the law. Read more
Central Information Commission
A Division Bench of S. Muralidhar and R.K. Pattnaik, JJ. issued a declaratory writ to the effect that the impugned notification dated 11-08-2016 issued by the Information and Public Relations Department, Government of Odisha under Section 24(4) of the Right to Information Act, 2005 (‘RTI Act’), will not permit the Government to deny information pertaining to the Vigilance Department involving allegations of corruption and human rights violations, and other information that does not touch upon any of the sensitive and confidential activities undertaken by the Vigilance Department. Read more
Compensation
Arindam Sinha, J. criticised the State for not following the procedure and granted compensation to a woman who conceived even after being sterilised by the State. Read more
Patna High Court
Right to Sanitation
Sanitation is a private, individual matter that is intimately connected to human dignity. Additionally, cleanliness has a crucial public health component. According to a recent ruling by the Division Bench of Sanjay Karol CJ and S. Kumar J, the right to sanitation falls under the purview of Article 21 and as a result, the State, National Highway Authority of India, and Oil Marketing Companies have been instructed to build public restrooms and other conveniences along all of Bihar’s highways. Read more
Rape
While dealing with a case of rape, A M Badar, J. observed that mere non-offering of physical resistance by a rape survivor cannot amount to the consent given by a woman for sexual activity under Section 375 of the Indian Penal Code (‘IPC’). Read more
Punjab & Haryana High Court
Religious Beliefs
Karamajit Singh, J., directed the State of Punjab not to take “coercive steps” against Raveena Tandon, Farah Khan, Bharti Singh, Screen Abbas Aziz Dalal, and Frames Production in response to their petition seeking the quashing of an FIR filed against them for allegedly hurting religious sentiments during a Flipkart web show titled “Backbenchers.” Read more
NDPS Act
In a petition under section 439 CrPC for regular bail under sections 22, 25, 27-A, and 29 of the NDPS Act, Jasjit Singh Bedi, J., expanded the petitioner-accused on bail while repeating the observations made by various Courts, including the Supreme Court, on the requirement that section 42 of the NDPS Act be complied with by the relevant authority. Read more
Muslim Personal Law
After the petitioners were forced into marriage, a writ petition was filed to seek the protection of their life and liberty from family members. Jasjit Singh Bedi, J. instructed the Senior Superintendent of Police to determine the petitioners’ claims regarding the threat to their life and liberty after taking into account the petitioners’ capacity to enter into a legal marriage contract and attending to their concerns. Read more
Rajasthan High Court
Bailable Warrant
Dinesh Mehta, J. granted the petition and stated that while expediting the disposition of cases is important, so is adhering to the mandate of the law, including procedural law. Read more
Culpable Homicide
Farjand Ali, J. rejected the petitioner’s request for bail after finding that the investigating agency had overlooked several relevant pieces of evidence. The petitioner was accused of committing an honour killing. Read more
Police Protection
Sameer Jain J. granted police protection and directed the State authorities to charge an appropriate fee from the couple seeking police protection before the Court, if the income is found to be more than the taxable income under the Income Tax Act, 1961. Read more
Telangana High Court
Anticipatory Bail
Juvvadi Sridevi, J., granted anticipatory bail pending the conclusion of the inquiry and the submission of the final report. The Court remarked that the accused 2/petitioner 2 did not appear to have been served with a notice under Section 41-A CrPC, whereas the accused 1/petitioner 1 was simply provided with the notice. Read more
Prevention of Money Laundering
K. Lakshman, J. upheld the petitioner’s appeal against the Directorate of Enforcement’s (ED) request to extend the petitioner’s judicial custody so that the investigation could be finished, stating that a complaint filed without a complete investigation cannot be used to avoid the right to statutory bail under Section 167(2) CrPC. Read more
Maintenance under Section 125 CrPC
In a maintenance case, Sathish Reddy, J. stated that the wife’s earning capacity cannot be used to deny her maintenance. Read more
Commercial Courts Act
The appeal was allowed by the Division Bench of P. Naveen Rao and Sambasivarao Naidu, JJ., who overturned the impugned order’s stance that any disagreement arising from a contract involving real estate that is solely used for business or commerce and whose “specified value” exceeds one crore belongs in a commercial court alone. Read more
Tripura High Court
Harassment
While noting that there were no legitimate grounds to deny the employee gratuity and other retrial benefits, Arindam Lodh, J. directed the employer to release the employee’s gratuity, pension, and other retrial benefits. Read more
*Arunima Bose has put this report together.
