Allahabad High Court
SC and ST Act, 1989
Section 3 (2) (v) of SC and ST Act, 1989 only attracts by way of documentary evidence to prove that the injured belongs to SC or ST; Conviction and sentence, modified
The Division Bench of Kaushal Jayendra Thaker and Ajai Tyagi, JJ. while deciding an appeal which was filed challenging the judgment and order of convicting accused-appellant under Sections 326 of Penal Code, 1860 (‘IPC’) and Section 3 (2) (v) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (‘SC/ST Act’) observed that to prosecute a person for an offence committed under Section 3(2)(v) of the SC/ST Act, there must be evidence to show that the accused committed the crime knowing that such person/victim is a member of a Scheduled Caste or a Scheduled Tribe.
Bail
Irony and tragedy of the Indian republic that criminals like Mukhtar Ansari are the law-makers; Former UP MLA denied bail
Allahabad High Court pained to see minors getting involved in age- inappropriate relations; Grants bail in the interest of infant and minor wife
High Court can grant transit anticipatory bail in a case registered outside its jurisdiction
Steps must be taken to break unholy nexus between criminal politicians and bureaucrats; Bail denied to BSP MP
Parity can only be persuasive in nature and cannot be binding; Bail orders not to be given without assigning any reasons
Protection of life and liberty
Constitution of India does not permit to issue mandamus when there is no threat perception alleged or transpired; Petition dismissed for filing with a purpose of obtaining seal of this Court on illegal relationship
Manual Scavenging
No protective gears provided to the sanitation workers; DM and Nagar Ayukt, summoned
Stray Dog Menace
Allahabad High Court issues notice to Nagar Nigam on compensation to family after stray dog menace leaves one child dead and other seriously injured
Quashing of FIR
Sections 4 & 5 CrPC only applicable to proceedings under Special Acts; not when criminal jurisdiction is invoked
Bombay High Court
Doctrine of Proportionality
When assessing the doctrine of proportionality, one looks not only at the immediate cause inviting punishment but also at the entire context; Appeal dismissed
Trademark
Registrar entitled to determine the registered proprietor of the Trademark [ISKCON v. ISKCON]
The Division Bench of G.S. Patel and Gauri Godse, JJ. disposed of an appeal which was preferred by ISKCON (International Society for Krishna Consciousness) Bengaluru aggrieved by the observations that this well-known trademark (ISKCON) is exclusively associated with the original Plaintiff (“Mumbai ISKCON”) and, by necessary implication, that Mumbai ISKCON is sole and exclusive registered proprietor of the mark in International Society for Krishna Consciousness v. Iskcon Appaeral Pvt. Ltd., 2020 SCC OnLine Bom 729.
Maintenance
Courts cannot be hyper technical in their approach when it comes to petitions under S. 125, CrPC; son liable to maintain father
Vibha Kankanwadi, J. partly allowed a writ petition setting aside the judgment and order of Additional Sessions Judge and confirming the findings of Judicial Magistrate First Class further modifying the maintenance amount to Rs 3000/- per month.
Corporate Law
Independent Non-Executive Director not liable for acts of company when not involved in day-to-day business
Women Rights
Woman cannot be made to choose between career and child; Bombay High Court allows mother to relocate to another country with the child
Contracts
Yes Bank-Dish TV Case: Beneficial Owner of pledged shares, contractually entitled to all rights, including voting rights in Annual General Meeting
Right to reproductive choice
Minor sexual assault victim lodged in observation home for murder allowed to terminate pregnancy
POCSO Act
Slow pace of trial defeating the very purpose of POCSO Act; Court of Sessions to submit report of pending cases, number of Special Courts
Employee’s State Insurance Act
Nature of activities conducted by BCCI are commercial in nature, liable to pay employees contribution under ESI Act, 1948
Bharati Dangre, J. dismissed an appeal which was filed by Board of Control for Cricket of India (‘BCCI’), being aggrieved by the impugned judgment and order passed by the Employees Insurance Court at Bombay (ESI Court) dated 09-09-2021 where BCCI was held to be under the ambit of Employees’ State Insurance Act, 1948.
Calcutta High Court
Driving license
ACP, Traffic Department does not have the power to suspend the licence; directions issued to release driving licence
Transfer of suit
Calcutta High Court transfers Matrimonial suit showing leniency towards wife
Fundamental Duty
Fundamental duty to protect animals from cruelty; Directions issued to SP for finding out stolen pig from Court premises
Noise Pollution
Vigil to be maintained to prevent noise pollution in general; Sound levels to be within permissible limits
Chhattisgarh High Court
Maintenance
Chhattisgarh High Court entitles father-in-law to pay maintenance; “Estate of the husband can be preferred to claim over the estate of father or mother of daughter in law”
Delhi High Court
Default in payment
Delhi High Court upholds Trial Court ruling in application filed under O. XIII A CPC for default in payment of rent by tenant due to COVID
Trademark
Gems or James Bond; Delhi High Court directs compensation to Cadbury against trademark infringement by Neeraj Food Products
Prathiba Singh, J. permanently injuncts Neeraj Food Products (‘defendants’) for trading JAMES BOND a chocolate product in pillow packs which is deceptively similar with Mondelez India Foods Private Limited (formerly Cadbury India Ltd.) (‘plaintiff’) GEMS, the name of which has derived inspiration from a copyrighted artistic character GEMS BOND. The Court thus directed the compensation upto 15 lakhs to Cadbury India finding deceptive similarity in the product under challenge.
Delhi High Court refuses blanket injunction against GODADDY from registering SNAPDEAL trademark; Every infringement must be petitioned separately
Delhi High Court grants permanent injunction against Facebake or Facecake from using the well known trademark Facebook
Commercial Courts (Amendment) Act, 2018
‘Thin line between adjudication and legislation’; Delhi High Court rules out retrospective application of Commercial Courts (Amendment) Act, 2018
A Division Bench of Satish Chandra Sharma, CJ and Subramonium Prasad, J. refused to transfer the civil suits pending before the Additional District Judge, Patiala House Courts, New Delhi, to the designated Commercial Court as the Commercial Courts (Amendment) Act, 2018 (‘Amending Act’) shall not apply retrospectively and thus, the advantage provided under Section 19 of the Amending Act cannot be taken, as dispute relates before to the date of commencement of the Act, i.e., 03-05-2018.
Marriage
Once two adults’ consent to live together as husband and wife, no third-party interference including family is warranted; Directs SHO to provide mobile number
Bail
Defense of consensual sexual intercourse immaterial if victim is minor; Bail rejected
Delhi High Court grants Bail to a rape accused in view of the prosecutrix’s deposition as per the requisites of S. 164 CrPC
Service Charge
Delhi High Court stays CCPA ruling on levying service charges in hotels and restaurants as an unfair trade practice
Yashwant Varma, J. stayed the ruling passed in the form of guidelines by the Central Consumer Protection Authority (‘CCPA’) vide order dated 04-07-2022 holding that the issue of whether the levy of service charge would amount to a restricted and unfair trade practice under Consumer Protection Act, 2019 requires consideration in view of precedents and incidental facts of the subject matter.
Abortion
Delhi High Court’s ruling that led to Supreme Court recognizing unmarried women’s right to a safe abortion
A Division Bench of Sathish Chandra Sharma, CJ and Subramonium Prasad, J refused termination of pregnancy to an unmarried woman whose pregnancy arose out of a consensual relationship after holding that her case was clearly not covered by any of the categories mentioned under Rule 3B of the Medical Termination of Pregnancy Rules, 2003 as on the date of the judgment.
This order, however, stands modified by the Supreme Court vide order dated 21-07-2022 wherein it has been held that woman cannot be denied right to safe abortion only on the ground of her being unmarried.
Prevention of Money Laundering Act, 2002
Mere allocation of coal does not amount to ‘proceeds of crime’ u/S 2(1) (u) of PMLA, 2002; Proof of monetary gains wrongfully obtained from such allocation is mandatory
Maintenance
Delhi High Court emphasizes on the importance of husband’s/father’s obligation towards estranged wife/child; Upholds maintenance decree granted by Family Court
Copyright
Delhi High Court directs Telegram and Mega to immediately take down any illegal content uploaded on their platform relating to DocTutorials
Misleading advertisement
Delhi High Court grants ad interim injunction against Dabur India for openly disparaging Nihar Naturals Shanti Amla Oil by WhatsApp message
Examination
Can examination authorities deny permission for appearance in a competitive exam for violating clothing guidelines? Delhi High Court answers
Patent
Non-consideration of the grounds raised in a pre-grant opposition while granting patent per se constitutes violation of principles of natural justice
Central Civil Services (Pension) Rules, 1972
Delhi High Court allows mercy petition filed by widow of a deceased/dismissed employee seeking ‘compassionate allowance’ in view of R. 41 of CCS (Pension) Rules, 1972
Broadcasting rights
Delhi High Court restrains infringement of broadcasting rights of ‘Sony Ten Network’; Interim directions issued
Gujarat High Court
Bail
Gujarat High Court denies bail to a 66 year old over recovery of poppy straw in commercial quantity from his property
Appointment
Delay in appointment of presiding officer of DRT leading to deprivation of legitimate right to speedy justice; Directions issued
Retirement
Municipality has power to retire a municipal servant at any time on or after he attains the age of 55 years on giving him three months notice
Gauhati High Court
Bail
Facebook post “only an expression of her feelings”, does not mention ULFA-I; College Student gets bail
Preferential Appointment
‘Cousin’ not a family member; cannot be considered for Preferential Appointment under Assam Public Services (Preferential Appointment) Rules, 1999
Retirement
State cannot force subordinate officers to retire prematurely on low physical fitness without following procedure under Assam Rifle Rues, 2010
Representation of People Act
‘High-time to revisit S.126 of Representation of People Act’ ; Gauhati High Court dismisses proceedings against Assam CM for violating Model Code of Conduct
Rumi Kumari Phookan J. dismissed the criminal proceedings against Chief Minister of Assam, Dr. Himanta Biswa Sarma for violating the provision of the Model Code of Conduct during 2019 General Assembly Elections. The Court was further of the view that the provision mentioned under Section 126 of the Representation of the People Act, 1951 (RP Act) should be reexamined in the light of multi-phased elections and the expansion of digital and electronic media.
Jammu and Kashmir and Ladakh High Court
S. 80 Civil Procedure Code, 1908
When can Courts dispense off with the requirement of notice u/s. 80, CPC? J&K and Ladakh HC elucidate
While deciding the instant appeal wherein substantial questions of law were raised vis-a-vis SectionS 80, CPC; the Single Judge Bench of Vinod Chatterji Koul, J., held that the language of Section 80 is very clear in stating that at the time of filing a suit, if the plaintiff can establish that there is an urgency to seek relief, then the Court on its satisfaction, may dispense off with the requirement of notice before filing a suit under Section 80.
Article 14 and 16, Constitution of India
Classification on the basis of educational qualification for the purposes of promotion, is permissible in law and does not offend the Constitution
Double Jeopardy
Whether concurrent prosecutions under S. 138, NI Act and S. 420, IPC, will amount to double jeopardy? J&K and Ladakh HC analyses
While deciding the instant petitions, the question that came up before that Court was whether a person can be prosecuted for offence under Section 420 of IPC as also for offence under Section 138 of NI Act, on the same set of facts and whether or not it would amount to double jeopardy. The single Judge Bench of Sanjay Dhar, J., observed that the offences under Section 138, NI act and Section 420, IPC, are two distinct offences, therefore the principle of double jeopardy or rule of estoppel does not come into play.
Administration of justice
For proper administration of justice, Judges should not make derogatory remarks against persons, unless such censuring is necessary for the case
Hyderpora Encounter Case
J&K and Ladakh HC allows the family of deceased Amir Magrey to perform Fatiha Khawani; upholds compensation awarded by the Single Judge Bench
Vacancy and appointment
Can waitlist candidates be considered for filling up vacancies caused by resignation of the selected/appointed candidates? J&K and Ladakh HC answers
On the issue of whether wait list candidates can be considered for filling up vacancies caused due to resignation of appointed candidates, the Division Bench of Pankaj Mithal, CJ., and Moksha Khajuria Kazmi, J., observed that “a select/waiting list prepared may remain operative and valid for a period of one year, but that would only be for a limited purpose of appointing the selected/wait list candidates on the vacancies which remains unfilled due to non-joining of the selected candidate for one reason or the other.”
Jharkhand High Court
Compensation
Date of application or Date of death — From when is the monetary compensation on account of death of an employee to be paid?
S.N. Pathak, J., allowed the writ petition directing Central Coalfields Limited (‘CCL’) to modify the monetary compensation in case of death or an employee who died in harness, calculating it from date of death of the husband of the petitioner.
Dowry death
Upheld the decision of trial court; Accused convicted for dowry death
Corporate law
Criminal proceedings against Directors cannot continue when the Company has not been arrayed as a party
Karnataka High Court
Corruption
‘S.I.R cannot be generated at the drop of a hat’; Karnataka High Court quashes corruption proceedings initiated by ACB under Prevention of Corruption Act, 1988
Bail matter highlights “corruption” in Anti-Corruption Bureau; Karnataka HC judge alleges transfer threat for his observations against ACB and ADGP
Alimony
Able bodied person having the ability to earn is not entitled to seek permanent alimony from wife; Karnataka High Court dismisses appeal
Foreign Exchange Management Act, 1999
Writ petition by XIAOMI India premature when alternate remedy available under S. 37 FEMA, 1999 left unattended
CENVAT Credit
No suppression of material facts if show cause notice issued is based on balance sheet; Appeal denied
Handcuffs
Karnataka High Court grants compensation to a law student who was arrested and handcuffed
Kerala High Court
Citizenship and Marriage
Diplomatic officers empowered to apostille affidavits and do notarial acts; Indo-Canadian couple allowed to get married “online”
Sexual Assault
Kerala High Court upholds conviction of a father for sexually assaulting his minor daughter
Bail
Can pre-arrest bail be granted to accused sitting abroad? Co-equal bench doubts order in Vijay Babu’s case; Larger Bench to decide
While adjudicating a question of law as to whether pre-arrest bail can be granted to an accused while he is sitting abroad, P.V. Kunhikrishnan, J., doubted the findings of Single Judge in Vijay Babu v. State of Kerala, 2022 SCC OnLine Ker 3158. Answering the question of law in negative the Court stated,
“If an accused in a case leaves India after knowing that a case with grievous offences is registered against him and files a bail application before the High Court while sitting abroad, he is not entitled to an order not to arrest especially when there is no such power under Section 438 CrPC.”
Birth certificate
Can Court direct to retrospectively amend birth certificate to expunge father’s name by replacing mother’s name as an only parent? Kerala HC decides
In a significant decision P. V. Kunhikrishnan, J., directed the Registrar of Births and Deaths to expunge the father’s name of the petitioner 1 from his birth certificate and issue a new certificate showing the name of his mother only as a single parent.
e-Commerce
Received a wrong product while shopping online? Read how Kerala HC addresses grievance of person who received wrong laptop from Flipkart
Madhya Prdaesh High Court
DNA Test
‘Violation of individual privacy’; Request for DNA test denied in property dispute
Will
When does a Will becomes a suspicious document? Madhya Pradesh High Court answers
Dwarka Dhish Bansal, J., while dismissing a second appeal held that in presence of prior execution of agreement of Gift, the Will becomes a suspicious document.
Highway guidelines
Major District Road (MDR) not subjected to 300 metres guidelines, since it is not a National or a State Highway; NOC for petrol pump granted
Compassionate appointment
Substitution of an appointment on compassionate grounds through contractual appointment held illegal; directions issued
Police carelessness
Madhya Pradesh High Court lambasts police force for blatant callousness and failure in tracing an 11-year-old missing minor girl
Compulsory retirement
Irregular grant of bail may reflect upon competency of the Judge but does not mean that he is corrupt; Compulsory retirement set aside
Madras High Court
Advertisement
Madras High Court directs State Government to include photographs of PM and President in print/electronic media for International Chess Olympiad
Deception
Madras High Court directs State Police to alter FIR and add Ss. 417 and 420 IPC on alleged concealment of impotency by husband pre-marriage
Pension
Freedom fighters’ pension cannot be taken as ‘income’ to deny family pension; Objective of Freedom Fighter Pension Scheme is to honour the sacrifices of the fighters
Termination of pregnancy
Madras High Court allows termination of 27+weeks pregnancy of minor child victim of 13 years; Foetus to be preserved for criminal case under POCSO
GST
Proper reasons to be given for rejecting GST Registration Applications; Just writing ‘rejected’ would not suffice
Education
High Court cannot be an expert body for the purpose of forming an opinion on equivalence of degrees; Madras High Court upheld the Government Order
Divorce
Suspecting the character of spouse and making false allegations of extra marital affair in presence of colleagues/ students amount to mental cruelty; Madras High Court grants divorce
Professional misconduct
Madras High Court deprecates the practice of implicating Advocates as accused along with their clients for offences allegedly committed by clients
Admission
Can plea of poor internet connectivity be entertained if it deprives a student of his entitlement to take admission? Madras High Court directs State to compensate
G R Swaminathan J. directed the State to pay compensation of Rs 1 Lakh to a student who could not take admission in the medical course in the academic year 2021-2022 as he was unable to register his name on the portal for NEET counseling even after obtaining marks beyond cut off limit, due to poor internet connectivity.
Old age homes
Madras High Court exercises parens patriae jurisdiction to deal with the issue of senior citizen welfare and old age homes; Guidelines issued
Transgender rights
Madras High Court remarks transgenders are already part of most backward classes; Dismisses plea seeking separate reservations for them in government jobs
Marriage of inter-faiths
Self-respect marriages can be performed only between two Hindus; Madras High Court upholds denial of marriage registration of an inter faith couple
Patna High Court
Sexual Assault
Sexual assault on minors traumatic, destroys personality: Patna High Courts upholds father’s conviction for raping his minor daughters for 6 years
Right to chose a life partner
Women have right to marry anyone of choice; Family/Societal Recognition not required under law
Punjab and Haryana High Court
Property
Co-owners of the joint property cannot prevent each other from using the property; appeal dismissed
Motor accident
Motor Accident claims must be proved on the touchstone of preponderance of probabilities
Juvenile
Punjab and Haryana High Court dismisses the order of the Magistrate; Only Juvenile Justice Board to pass orders where there is ‘Juvenile in conflict with law’
Parole
‘Parole a part of reformative process’; Punjab and Haryana High Court grants parole to murder convict
Non-compoundable offences
Proceedings in non-compoundable offences can be quashed on the basis of compromise between accused and victim
Defamation
Relief to actress Kangna Ranaut in ‘Shaheen Bagh Dadi’ defamation case; Trial Court directed to adjourn the matter
Mental cruelty
Does incessantly filing complaints for tarnishing one’s reputation amount to mental cruelty? Punjab & Haryana High Court answers
While deciding an appeal arising from a divorce petition, the bench of Ritu Bahri, J. and Meenakshi I. Mehta, J. observed that “the facts and circumstances unequivocally speak volumes of the fact that the respondent has incessantly been filing the complaints against the petitioner as well as his family members and the petitioner even had to go behind the bars in connection with one of those complaints, resulting in harm/damage to his image and reputation in the eyes of their relatives and the society at large”.
Rajasthan High Court
Illegal termination
Alleged illegal termination from Kotak Mahindra Bank pending for relief due to vacancy of competent authority; State appoints Deputy Labour Commissioner
Order XVI R 1 and 2 Civil Procedure Code, 1908
Trial Court required to prima-facie ascertain the relevancy of the proposed witnesses while deciding application under Order XVI R 1 and 2 CPC
Dinesh Mehta, J. considered the stamp vendor and Sub Registrar as relevant witnesses in a case where registration of relinquishment deed was challenged, and it was pleaded to summon them as witnesses for ascertaining the claim. The Court stated that ascertaining the relevancy of the proposed witnesses while deciding application under Order XVI Rules 1 and 2Civil Procedure Code (‘CPC’) is to be prima facie established by the Trial Court.
Arbitration
No award can be remitted to the arbitrator where there are no findings in the contentious issues of the award
Telangana High Court
Employees Compensation Act, 1923
Whether the workwoman employed in Beedi manufacturing process is covered under the purview of Employees’ Compensation Act? Telangana High Court answers
M Laxman, J. allowed the appeal and remanded the matter for adjudication on merits and held that the deceased beedi worker falls under the definition of ‘workman’ as per Section 2(n)(ii) and Clause 2 of Schedule II of Employees’ Compensation Act, 1923 as well as Section 2(k) of Factories Act, 1948.
Tripura High Court
Appointment
It is not within the domain of the Court to direct the State- Government to create any post; Petition dismissed
Uttaranchal High Court
Article 21, Constitution of India
Whether writ petition on cancellation of GST Registration affecting the Right to Livelihood is maintainable? Uttaranchal High Court answers
The division bench of Sanjaya Kumar Mishra, acting C.J., Ramesh Chandra Khulbe, J., held in the writ petition is maintainable, as the cancellation of GST registration affects the rights of livelihood enshrined under Article 21 of the Constitution of India.
Animal slaughter
Uttaranchal High Court allows stay on Government order banning animal slaughter on the occasion of Bakra Eid in Manglaur