A quick legal roundup to cover important stories from all High Courts in September 2022
Abetment of Suicide
Bombay High Court
Mere repeated monetary demands by a daughter does not establish her intention to instigate the father to commit suicide
In a case filed by Lata (‘petitioner') daughter of the deceased who committed suicide and left a suicide note which pointed towards the guilt of the petitioner and her mother for offence under Section 306 read with 34 of Penal Code, 1860 (‘IPC’), a Division Bench of Manish Pitale and G.A Sanap, JJ., quashed the FIR against the petitioner and her mother stating that there is no proximate link between the suicide note recording harassment allegedly at the behest of the petitioner and the extreme step taken by the deceased due to a time gap between the date on which the suicide letter was written and the date on which the suicide was committed. Read More
Madras High Court
Teachers directing their students to study well is part and parcel of teaching and would not amount to abetment to suicide
In a case related to allegation of murder and rape of a 12th standard school-girl, G.K. Ilanthiraiyan, J. viewed that there is no evidence to attract the offence under rape and murder and on perusal of the suicidal note of the deceased, it is very clear that the deceased felt difficulties in studies. Therefore, it is a clear case of suicide by her. The Court observed that:
“It is an unfortunate and sorry state of affairs that the teachers who teach the students are facing threat from their students and their respective parents. It is very unfortunate that the petitioners have now been arrested and under imprisonment for advising the students to study well. Even as per the suicidal note, there is no evidence to show that the petitioners instigated the deceased to commit suicide soon before her death” Read More
Admission
Delhi High Court
Laying down the minimum percentage criterion for admission in Class XI Science Stream cannot be said to be arbitrary or illegal
In a case filed by a father of a student (‘petitioner') challenging the validity and constitutionality of a Circular of the Government of NCT of Delhi/respondent 1 dated 27-07-2022 whereby the respondent 1 has mandated minimum 71% marks for admission in Science Stream in Class XI in respondent 2 School for the academic year 2022-23, Chandra Dhari Singh, J. upheld the validity of the circular stating that every school, including schools under State Government , has the liberty and autonomy to maintain the standards it has set out for itself and thus, laying down an eligibility criterion for admission in different classes cannot be said to be arbitrary or illegal. Read More
Jammu & Kashmir and Ladakh High Court
J&K Reservation Act does not bar the admission of reserved category students in open merit, if they are found qualified
While deciding the instant appeal concerning the selection list of NEET-MDS-2021, candidates belonging to Union Territories of J&K and Ladakh, issued by the Board of Professional Entrance Examination (BOPEE), the Division Bench of Pankaj Mittal, C.J., and Wasim Sadiq Nargal, J., observed that the principle enshrined in Section 10 of J&K Reservation Act, 2004 unambiguously provides that there shall be no bar for admission of a candidate of reserved category against the seat other than, or in addition to one reserved for him under Section 9, if such candidate is found qualified for admission on merit as compared with the candidates of the open merit/general category. Read More
Bail
Bombay High Court
Bombay HC invokes principles of repatriation and restoration, and grants bail to a juvenile accused of gangrape
In deciding the instant bail application filed by a juvenile applicant by invoking Section 12 of Juvenile Justice (Care and Protection of Children) Act, 2015, the Bench of Bharati Dangre, J., while invoking the principles of repatriation and restoration, granted bail to the applicant. It was observed that since the applicant had positively responded to the rehabilitative efforts during his stay in the Observation Home, he therefore deserves to be reunited and restored with his family and it would be in his best interest so that he can develop himself with full potential. Read More
Delhi High Court
Grant of interim bail does not obviate regular bail; Delhi High Court denies bail to UP Police official and RPF constable for committing murder of LIC agent
In an application filed by the applicant who is a UP Police official, charged under Section 302, 120-B and 34 Penal Code, 1860 (‘IPC’) seeking regular bail on the ground that the applicant was granted interim bail and never misused his liberty, Rajnish Bhatnagar J. denied bail clarifying that grant of interim bail and grant of regular bail on merits are two different aspects and simply because the petitioner was on interim bail for a certain period of time does not entitle him to grant of regular bail when the facts of the case speak otherwise. The Court also remarked “at the time of grant of interim bail to the petitioner, the merits of the case were not considered.” Read More
Kerala High Court
Kerala High Court explains scope of grant of anticipatory bail in offences under SC/ST Act; true import of ‘knowing' or ‘knowledge' under Section 3(2)(va) of the Act
In an appeal relating to the grant of anticipatory bail for the commission of offences under Sections 452, 506(ii) and 195-A of the Penal Code, 1860 as well as under Section 3(2)(va) of the Scheduled Tribes (Prevention of Atrocities) Act, (SC/ST Act) 1989, A. Badharudeen, J. has observed that while considering the question as to whether an accused committed offence under Section 3(2)(va) of the SC/ST Act after trial, the word ‘knowing’ or ‘knowledge’, must be found based on evidence tendered and when considering the question of prima facie case for considering bail application, the knowledge shall be understood and inferred from the prosecution records. Read more
Madras High Court
Madras High Court grants bail to the accused in a case registered merely based on suspicion and confession statement
In a case related to an appeal filed to set aside the judgment and enlarge the appellant on bail, the division bench of S. Vaidyanathan and A.D. Jagadish Chandira, JJ. observed that no offence had actually taken place and no complaint has arisen from the so-called victim, but it is the case of the prosecution that merely on a suspicion of a police officer on duty who after seeing the appellant had enquired about him and on his confession statement the entire case of the prosecution had commenced and thereafter, keeping the statement of the appellant as a basis, the other links of the case of the prosecution, namely, the associates of the appellant in the alleged conspiracy had been fused. Read More
Punjab and Haryana High Court
Drug Peddlers must be dealt firmly and sternly; Punjab and Haryana High Court cancels bail granted to the accused
While deciding the instant appeal, preferred by the appellant against the order of Additional Sessions Judge for an offence under Section 15 of Narcotic Drugs and Psychotropic Substances Act, 1985, H.S. Madaan, J., upheld the judgment of conviction and order of sentence saying that the drug peddlers have successfully destroyed the social fabric of our society and led youth to the wrongful path, therefore, such type of persons need to be dealt firmly and sternly and no sympathy should be shown to them. Read More
Punjab & Haryana High Court | Man does not have a right/liberty to sexually exploit the fiancée without her consent; anticipatory bail denied
While denying for the grant of anticipatory bail for which the instant petition is preferred by the petitioner against the case filed by her fiancée under Section 376 of Penal Code, Vivek Puri, J., held that merely because the parties are engaged and are meeting each other, it does not give any right or liberty to the proposed bridegroom to sexually exploit the fiancée without her consent. Read More
Punjab & Haryana High Court grants bail to Kalyani Singh in Sippy Sidhu's murder case; CBI lacked thorough investigation
While allowing the instant bail petition preferred by Kalyani Singh against the FIR dated 13-4-2016 under Sections 302, 120-B, 201 of Penal Code, 1860 and under Sections 25, 27 and 54 of the Arms Act, 1959, Sureshwar Thakur, J., grants a regular bail to the petitioner due to lack of thorough investigation by the CBI. Read More
Child Custody
Madras High Court
Madras High Court's 3:2 verdict upholds its original jurisdiction in child custody cases; holds Mary Thomas to be a good law
In a case relating to the issue of concurrent jurisdiction of the High Court over matters of child custody and guardianship with the family Courts, the five-judge bench of P.N. Prakash, N. Anand Venkatesh, R. Mahadevan, M. Sundar, A.A. Nakkiran, JJ. in a 3:2 majority decision, held that jurisdiction of the High Court on its original side over matters of child custody and guardianship is not ousted in view of the provisions of Explanation (g) to Section 7(1) read with Sections 8 and 20 of the Family Courts Act, 1984 (FCA)and the decision in Mary Thomas v. Dr.K.E.Thomas 1989 SCC OnLine Mad 268 continues to be a good law. Read More
We Dissent! Here's why 2 out of 5 judges ruled against Madras High Court's original jurisdiction in child custody cases
The five-judge bench of P.N. Prakash, N. Anand Venkatesh, R. Mahadevan, M. Sundar, A.A. Nakkiran, JJ. in a 3:2 majority decision, held that jurisdiction of the High Court on its original side over matters of child custody and guardianship is not ousted in view of the provisions of the Family Courts Act, 1984 (FCA)and the decision in Mary Thomas v. Dr. K. E. Thomas 1989 SCC OnLine Mad 268 continues to be a good law; while P.N. Prakash and N. Anand Venkatesh, JJ. disagreed with the majority opinion, and observed that the statutory jurisdiction under the Guardians and Wards Act, (GAWA)1890 is now exclusively vested with the Family Court and resort to the inherent jurisdiction under Clause 17 can be had only in cases where there is no statutory remedy before any court for redress. Read More
Compassionate Appointment
Rajasthan High Court
Excluding married daughters from compassionate appointment violative of Art. 14, 15 and 16; Rajasthan High Court overrules judgments supporting exclusion
The present petition challenges the position of law prior to the amendment of Rule 2(c) of Rajasthan Compassionate Appointment of Dependents of Deceased Government Servant Rules, 1996, which excludes the married daughter from the definition of ‘dependent', for the purpose of compassionate appointment vide Notification dated 28-10-2021, a 3-Judge-Bench of Sandeep Mehta, Vijay Bishnoi and Arun Bhansali, JJ. held that the provision of Rule 2(c) of Rajasthan Compassionate Appointment of Dependents of Deceased Government Servant Rules, 1996, which exclude the married daughter from definition of dependent prior to its amendment vide notification dated 28.10.2021, is discriminatory and violative of Articles 14 to 16 of the Constitution of India and as such, the word ‘unmarried' from the definition of ‘dependent', is struck down. Further, in Rule 5 of Rajasthan Compassionate Appointment of Dependents of Deceased Government Servant Rules, 1996 also the word unmarried daughters/adopted unmarried daughter, shall be read as daughters/adopted daughter. Read More
Compensation
Bombay High Court
Death due to attack by wild animal is violative of Article 21; Bombay High Court directs compensation of 10 lakhs to the wife of the deceased
In a petition filed by petitioner-wife praying for quashing and setting aside the impugned communication dated 18-03-2019 issued by Respondent 2-Regional Forest Officer by which the request for compensation was rejected and seeks further directions against the Respondents to pay compensation to the Petitioner as per Government Resolution dated 11-07-2018, on account of death of her husband due to attack by wild Boar, a Division Bench of G S Patel and Gauri Godse, JJ., directed the State to pay an amount of Rs 10 lakhs to the Petitioner as compensation, within a period of three months from today, as per Government Resolution dated 11-07-2018 along with 6 per cent interest from the expiry of three months from date of her application till the actual payment is made. The Court premised the compensation on failure of State machinery to provide the required protection to human life which is guaranteed by Article 21 of the Constitution of India. Read More
Chhattisgarh High Court
Chhattisgarh High Court set aside compensation granted to a woman upon failure of the Laparoscopic Tubectomy operation
In an appeal filed challenging the impugned judgment passed by the lower court, wherein the court awarded Rs 51,000 towards compensation to the respondent due to the failure of a Laparoscopic Tubectomy (LTT) operation, P. Sam Koshy, J. held that respondent would not be entitled for any compensation/damages as upon conceiving the 5th child (unwanted child) as a result of the alleged failure of the LTT operation, as there was no intimation given by the respondent to the Government or to the concerned Doctor at Primary Health Centre (PHC) from where she had undergone LTT Operation, and if she was really not interested in having the 5th child or was serious about the family planning operation , she must have approached the concerned Doctor at the PHC with a request for termination of her pregnancy in terms of the Medical Termination of Pregnancy Act, 1971. Read More
Delhi High Court
Time of court and investigation agency both has been consumed; Delhi High Court directs Rs 25,000 as compensation towards “Green Highways Fund
In a case pending for 5 years before the Court, the parties finally reached compromise and sought quashing of FIR, Swarana Kanta Sharma, J. remarked that such conduct has consumed precious time of Courts. The Court imposed a cost of Rs 25,000 and directed the parties to pay the amount towards the depleting green cover by contributing to the Green Highways Fund, a fund created for the purpose of landscaping and plantation of trees along the National Highways. Read More
MCD, being a public body established for the benefit of the public at large, cannot shirk off its responsibility by citing financial constraints
In two cross letter Patents appeal, one by the petitioner/appellant for the enhancement of costs imposed upon the Municipal Corporation of Delhi (MCD) and other by the MCD setting aside of the compensation imposed upon it, the division bench of Satish Chandra Sharma, CJ. and Subramonium Prasad, J. while enhancing the compensation awarded to the appellant, observed that the Municipal Corporation was constituted for the precise purpose of providing basic amenities to the citizens, thus, it cannot shirk off its responsibility on the ground that society was once unauthorised or by citing financial constraints. Read More
Jharkhand High Court
Jharkhand High Court orders compensation of Rs. 10 Lakhs to blind minor gang rape victim and other health and maternity benefits to the mother and unborn child
While deciding the instant petition, Sanjay Kumar Dwivedi, J., directed the State Legal Services Authority to ensure that the State Government compensates the minor gang rape victim having 100% visual impairment, an amount of Rs. 10 Lakh and directed the State Government to establish Rehabilitation Centre for such victims. Read More
Competition Law
Delhi High Court
Delhi High Court upholds CCI's direction to investigate alleged anti-competitive WhatsApp Terms of Service and Privacy Policy, 2021; Prima facie case established to investigate; FB a proper party
The appeals were filed by WhatsApp (‘Appellant') and its parent company Facebook (‘Appellant') challenging the jurisdiction of Competition Commission of India (‘respondent') to direct investigation into the 2021 Terms of Service and Privacy Policy of the Appellant on the ground that it violates the provisions of the Competition Act, 2002, when the matters arising from the same issue are pending before the Supreme Court. A Division Bench of Satish Chandra Sharma CJ., and Subramonium Prasad J., upheld the impugned judgment as well the direction of respondent as prima facie case was established and as there is no irreconcilable repugnancy between the jurisdiction of either of the authorities. Read More
Consent
Karnataka High Court
Karnataka HC dismisses quashment petition concerning allegations of forcible sex change operation; says matter should be strictly left open for trial
While deciding the instant petition for quashment of complaint, the Bench of Suraj Govindaraj, J., held that in the instant case where it has been alleged that the petitioner (a doctor) had conducted the sex change operation upon a minor without their consent, such allegations are not something that can be considered by the High Court under Section 482, CrPC and should be strictly left open for trial, with the petitioner having the liberty to raise appropriate defense. Read More
Conviction and Acquittal
Allahabad High Court
Former UP MLA Mukhtar Ansari convicted for threatening jailer
In an appeal filed under Section 378 of Code of Criminal Procedure (CrPC) against the judgment passed by the trial court, acquitting Mukhtar Ansari of all charges under Sections 353, 504, 506 the Penal Code, 1860 (IPC), Dinesh Kumar Singh, J. has convicted Mukhtar Ansari for offences under Sections 353, 504, 506 IPC and sentenced him to undergo rigorous imprisonment for 2 years with fine of Rs. 10,000/- for offence under Section 353 IPC. Further, for an offence under Section 504 IPC, he is sentenced to undergo rigorous imprisonment for 2 years with fine of Rs. 2,000/- and for the offence under Section 506 IPC, rigorous imprisonment for 7 years with fine of Rs 25,000/-. Read More
Whether pleading guilty in the statement recorded under Section 313 CrPC sufficient for conviction or not? Allahabad High Court answers
Samit Gopal, J. acquitted the appellant of the charges leveled against him of Section 307 of Penal Code, 1860 (‘IPC’) wherein he was ordered to undergo three years and six months of rigorous imprisonment by the Additional District & Sessions Judge holding that the prosecution couldn't establish the case beyond reasonable doubt. Read More
Meghalaya High Court
Alarmed by trial and conviction of a person with an unsound mind, Meghalaya High Court stresses on quality of free legal aid
The Division Bench of Sanjib Banerjee, CJ. and W. Diengdoh, J. was alarmed by the present criminal appeal due to the nature of the case, and sets aside the conviction of the appellant for being a person of unsound mind and was convicted in a triple murder case. Read More
Punjab and Haryana High Court
Punjab and Haryana High Court acquits accused in daughter's murder case; Sessions Court's decision set aside
While deciding the instant appeal preferred by the appellant against the judgment of conviction and order of sentence passed by the Sessions Court whereby the appellant was held guilty of murder of her own daughter, the division bench of Sureshwar Thakur and N.S. Shekhawat, JJ., acquitted the appellant on benefit of doubt saying that the view taken by the Sessions Court is certainly not a possible and plausible view. Read More
Copyright
Delhi High Court
Repeated blocking of channels proving to be insufficient; Delhi High Court directs Telegram to disclose details of infringing defaulters
In a case filed by Neetu Singh (‘plaintiff 1′) being aggrieved as her work which is circulated by Telegram (‘defendant 1′), is continuously being infringed due to mushrooming of channels on the platform under challenge and seeking disclosure of details of the defaulters, Prathiba Singh J. remarked that ‘take down’ or blocking orders are merely token relief for the interregnum and without monetary relief of damages, coupled with mushrooming of infringing platforms, the copyright owner’s spirit to create and write may be considerably negated. The Court further directed Telegram to disclose the details of the channels/devices used in disseminating the infringing content along with their mobile numbers, IP addresses, email addresses, etc., Read More
Gujarat High Court
Use of any product by any person, without the permission of the license owner or the Registrar, would amount to copyright infringement
While deciding the instant matter concerning copyright infringement, the Bench of Niral Mehta, J., observed that a bare perusal of Section 51 of the Copyright Act, 1957 makes it clear that if any person uses any product without the permission of the license owner or from the Registrar, the same would amount to infringement of copyright. Read More
Cruelty to Animals
Delhi High Court
Delhi High Court directs Government to ensure strict compliance of Prevention of Cruelty to Animals (Amendment) Rules, 2020 while transporting camels for Independence/Republic Day celebrations
In a PIL filed by Scouts and Guides for Animals and Birds ‘(petitioner’), a registered Trust represented by Naresh Kadyan alleging transportation of camels into the State of Delhi from Rajasthan in violation of the statutory provisions as contained under the Prevention of Cruelty to Animals Act, 1960, a Division Bench of Satish Chandra Sharma, CJ., and Subramonium Prasad J. studied the status report filed by Union of India (‘respondent’) and concluded that transport of camel has to take place strictly in consonance with the statutory provisions governing the field. It further clarified that the respondents shall ensure strict compliance of the amendment to Prevention of Cruelty to Animals (The Transport of Animals) Rules, 2020 while transporting the camels in future also for the purpose of their participation in Republic Day Parade, or any other purpose. Read More
Cruelty
Chhattisgarh High Court
Chhattisgarh High Court |Abusing in-laws and stopping the husband from meeting his parents would amount to cruelty
In a case relating to the appeal filed by the wife against the decision of the family court allowing the application of husband for seeking divorce on the ground of cruelty, the division bench of Goutam Bhaduri and Radhakishan Agrawal, JJ. observed that in a situation when a wife goes to the office premises of the husband, abuses him and accuses him of illicit relation, naturally it would result in diminishing the image of the husband before the colleagues and the office stature will certainly go down. Further, abusing the in-laws and stopping the husband from meeting his parents would also amount to cruelty. Read More
Madhya Pradesh High Court
Minor Differences of opinion between the Husband and Wife does not amount to Cruelty
Quashing a divorce order against the wife on the ground of cruelty, a division bench comprising of Vivek Rusia* and Amar Nath (Kesharwani), JJ., held that minor difference of opinion between husband and wife cannot be termed as cruelty. Read More
Conversion for marriage — “A serious threat to sanctity attached to marriages recognised under personal laws”
A division bench comprising of Rohit Arya* and Milind Ramesh Phadke, JJ., held that issuance of conversion certificate by Arya Samaj for conversion of a Muslim girl to Hindu religion was in violation of S. 5 of Madhya Pradesh Dharma Swatantrya Adhiniyam, 1968 hence “null and void” and ordered the Senior Superintendent of Police, Ghaziabad (U.P.) to investigate the matter and take corrective measures as per law. Read More
Customs Act
Bombay High Court
Does seized goods may be released in favor of an ‘owner' or an ‘importer' under Section 110-A Customs Act? Bombay High Court analyses
In an appeal filed by Commissioner of Customs (Import) (‘appellant') challenging an order passed by the Customs, Excise and Service Tax Appellate Tribunal, West Zonal Bench, Mumbai (CESTAT), directing provisional release of the seized goods in the shape of iPhones in purported exercise of powers under Section 110-A of Customs Act, 1962, a Division Bench of Dhiraj Singh Thakur and Abhay Ahuja JJ. set aside the impugned order as Dinesh Bhabootmal Salecha (‘respondent') seeking release of the seized goods, was found to be an ‘importer' and not ‘owner' of the goods. The clear mandate of Section 110-A Customs Act, 1962 states that goods could be permitted to be released only in favour of an owner and the respondent failed to establish his ownership over the seized goods during the proceedings. Read More
Disclosure of Identity
Madras High Court
Madras High Court restrains media to publish or broadcast identities of the victims and witnesses of the ‘Pollachi sexual abuse case'
In a case relating to a petition filed by the Central Bureau of Investigation (CBI) for directing the media to refrain from disclosing the identity and other particulars of the rape victims of the famous ‘Pollachi sexual abuse and extortion case', M. Dhandapani, J. observed that since the matter pertains to sexual abuse and sexual violence, all the print and electronic media are restrained from publishing, telecasting or broadcasting any materials pertaining to deposition of the victims or any of the witnesses; the identities of the victims, their family members and the witnesses, either in morphed form or blurred form. Further, restrained the media from publishing any oral, documentary or digital evidence that may be marked during the course of the trial. Read More
Divorce
Chhattisgarh High Court
Customary divorce reduced into writing followed by separation would be a valid divorce when custom is proved ancient
In a case related to an appeal filed against the decision of the family Court, whereby an application filed by the husband seeking divorce was dismissed, Goutam Bhaduri, J. held that the marriage must be stand dissolved under S. 13 of the Hindu Marriage Act, 1955 (‘HMA') by a decree of divorce primarily on the grounds of customary divorce followed by the desertion of each other. Further, for a custom to have a colour of a rule of law, it is necessary for a party claiming it to plead the custom as ancient. In this case, the parties were married in 1982 and eventually a customary divorce was executed in 1994. As the customary divorce was not recognized by the employer of the parties, the husband filed an application under S. 13 HMA in 1995, wherein an ex-parte decree of divorce was passed. Subsequently, the appellant performed a second marriage and thereafter an application was filed by the wife under O. 9 R. 13 of Code of Civil Procedure, 1908 (‘CPC') to set aside the earlier ex-parte decree. Read More
Kerala High Court
Consumer culture of ‘use and throw' has influenced our matrimonial relationships also; Kerala HC expresses concern over alarming rise of divorce cases
While adjudicating a divorce case, the Division Bench of A. Muhamed Mustaque and Sophy Thomas*, JJ., raised concern about the rise of live-in-relationships just to say goodbye when they fall apart. Expressing concern about the alarming increase of divorce cases in the State, the Court remarked Read More
Why wait at Court's corridor for prioritized hearing, when you can invoke the right to extra-judicial divorce? Kerala High Court tells a Muslim woman seeking divorce
In a divorce case where the Family Court had refused to hear the case on priority for early disposal, the Division Bench of A. Muhamed Mustaque* and Sophy Thomas, JJ. on observing that the woman belonged to Muslim community, suggested her to exercise her right to extra-judicial divorce.
The Court opined that the Presiding Officer of the Family Court is the best person to judge the management of the cases pending before the Court. Read More
Dowry
Gujarat High Court
Gujarat High Court quashes FIR in Dowry matter against husband's distant relative finding the allegations to be of ‘general nature'
Nirzar S. Desai, J. quashed an FIR and its consequential proceedings which were registered for the offences punishable under Sections 498-A, 323, 504, 114 and 506(2) of the IPC and Section 4 of the Dowry Prohibition Act, 1961. Read More
Evidence Law
Allahabad High Court
Allahabad High Court observes statements of victim and informant unreliable, when not supported by medical evidence; Releases the accused convicted for Rape
In an appeal against the decision of the Trial Court whereby the accused/appellant has been convicted and sentenced to life imprisonment for the offence punishable under Section 376 of Penal Code, 1860 (IPC) with a fine of Rs. 10,000/- and in default thereof, to further undergo six months simple imprisonment, the bench of Ashwani Kumar Mishra and Shiv Shanker Prasad, JJ. has observed that the charge originally framed against the appellant of attempt to rape under Section 376/511 of Penal Code, 1860 (‘IPC') is proved beyond reasonable doubt and the conviction of the appellant is altered from Section 376 IPC to Section 376/511 IPC and in view of the provisions contained in Section 57 IPC, the appellant was sentenced to undergo 10 years imprisonment. Further, as the appellant has already served the aforesaid sentence, he shall be released on compliance of Section 437-A Code of Criminal Procedure (CrPC). Thus, the Court sustained the order of conviction and partly allowed the present appeal. Read More
Orissa High Court
Witnesses related to the deceased would not result in their testimonies being discarded if otherwise truthful and consistent
In an appeal filed challenging the Trial court ruling, convicting the accused under Section 302 of Penal Code, 1860 (‘IPC’) a Division Bench of S Muralidhar CJ., and R K Pattanaik J. upheld conviction under Section 302 IPC by examining circumstantial evidence in detail and directed cancellation of his bail bonds and surrender forthwith, as the appellant was enlarged on bail during the pendency of the proceedings.
Free Medical Aid
Kerala High Court
[Kerala Dog Menace] Kerala High Court directs State to provide immediate, effective, & free medical treatments to injured persons
Addressing the issue of animal violence leading to the killing of community dogs in Kerala, the Division Bench of A.K. Jayasankaran Nambiar* and Gopinath P., JJ., expressed-unfortunate indeed are the circumstances leading up to the human-animal conflict situation that we are called upon to resolve in these proceedings. Read More
Insolvency and Bankruptcy Code
Bombay High Court
Secured Creditor or Revenue Department- Who has priority over liquidation of their respective dues? Bombay HC frames and answers Seven substantial questions
The issue before the Court in the instant matter was that between a secured creditor (defined in SARFAESI Act and Recovery of Debt and Bankruptcy Act), and the revenue departments of the Central/State Governments, who can legally claim priority for liquidation of their respective dues qua the borrower/dealer upon enforcement of the ‘security interest’ and consequent sale of the ‘secured asset’. The 3 Judge Bench of Dipankar Datta, CJ., and M.S. Karnik and N.J. Jamadar, JJ., while deliberating upon the question went on to frame and answer seven substantial questions of law on the issue.
LGBTQIA+
Madras High Court
LGBTQIA+ community sidelined from society's mainstream for too long; Time for Tamil Nadu Government to frame guidelines to protect their rights
In the case relating to the rights of the LGBTQIA+ community, N. Anand Venkatesh, J. has observed that six months' time sought by the Government to finalize the Transgender Policy and the rules is completely unacceptable and this shows that priority is not being given to this issue and expects the Government to appreciate the concern shown by this Court. The Court took note of the submissions given by the Additional Advocate General and directed all concerned, including the press, to take note of the notification published in the gazette on 20.08.2022 and to address persons belonging to LGBTQIA+ community by using only the notified terms. Read More
Live-in-Relationship
Punjab and Haryana High Court
“Every major person has a right to live their life with the person of their choice”; Punjab and Haryana High Court directs Police to protect the life and liberty of a ‘Live in Relationship' couple
While deciding the instant petition preferred by the petitioners to seek protection from the threats received for being in Live-in relationship, Vikas Bahl, J., held that every major person has a right to live with a person of their choice and in case the relatives are unhappy with the “Live in Relationship” and can cause harm then the Court will have to take necessary directions to protect the aggrieved. Read More
Maintenance
Calcutta High Court
Whether a Step-father is entitled to get Maintenance from his Step-son? Calcutta High Court answers
Stressing on legal liability as well as moral obligation to pay maintenance to parents, Kausik Chanda, J. held that when the stepfather fulfils same responsibility as a biological father would have then the stepson is also obligated to provide maintenance to him. And also, biological mother always has the right to maintain her son even if she remarries. Read More
Maternity Benefit Act
Allahabad High Court
Allahabad High Court grants relief to woman highlighting no stipulation regarding the time difference between the first and second child for availing maternity benefits
Alok Mathur, J. allowed a writ petition which was filed by the petitioner working as Lecturer (Hindi) in Rajkiya Balika Inter College, Hardoi. She was aggrieved by the order whereby her application for maternity leave from 18-11-2018 to 16-5-2019 had been rejected on the ground that she had previously availed maternity leave which ended on 18-5-2018, which was a period less than 2 years and hence was not entitled for the same holding that Maternity Benefits Act, 1961 Act (1961 Act) does not contain any such stipulation regarding the time difference between the first and second child for the grant of maternity benefits.
Medical Termination of Pregnancy Act
Kerala High Court
No provision in MTP Act, 1971 requires woman to obtain her husband's permission for terminating the pregnancy; Permits petitioner to undergo medical termination of pregnancy
In a petition filed by a 21-year-old girl, seeking medical termination of her pregnancy, V.G. Arun, J. observed that the drastic change in the matrimonial life of a pregnant woman is equivalent to the ‘change of her marital status' and she cannot be denied permission for terminating her pregnancy, on the premise that she is not legally divorced, and her marital status has therefore not changed. Further, the Medical Termination of Pregnancy (‘MTP') Act, 1971 does not contain any provision requiring the woman to obtain her husband's permission for terminating the pregnancy, as the woman bears the stress and strain of the pregnancy and the delivery. Read More
Motor Vehicle Act
Karnataka High Court
Can Insurance Company's liability be absolved in cases where the insured vehicle's driver dies due to cardiac arrest while the vehicle was parked at the time of death? Karnataka High Court analyses
While deciding the instant appeal wherein the issue was whether the liability of the Insurance Company is absolved in cases where the driver of an insured vehicle had died due to heart attack when such insured vehicle was not in use at the time of his death; the Bench of H.P Sandesh, J., observed that usage of vehicle does not mean that at the time of his death, the driver was necessarily driving the vehicle. Since in casual connection of his employment, the driver was sleeping in the lorry and while taking a rest, suffered a heart attack, therefore this scenario would not absolve the Insurance Company from paying the compensation. Read More
NDPS Act
Bombay High Court
Mere seeds and leaves of a cannabis plant, cannot be included in the definition of Ganja
While deciding the instant application for anticipatory bail wherein the Court deliberated on what constitutes ‘Ganja’ as per the provisions of Narcotics and Psychotropic Substances Act, 1985; the Bench of Bharati Dangre, J., observed that upon reading of Section 2(iii)(b) of NDPS Act, Ganja is the flowering or fruiting tops of a cannabis plant; however, when there are no accompanying flowering or fruiting tops, then the seeds and leaves of a cannabis plant are to be excluded from the definition of Ganja. Read More
Madras High Court
Madras High Court set aside conviction of the accused for possessing Heroin believing it to be tamarind and wheat flour; observes in some peculiar circumstances the knowledge of contraband cannot be attributed to the accused
In an appeal filed under Section 374(2) of Code of Criminal Procedure, 1973 (CrPC) r/w Section 36-B of Narcotic Drugs and Psychotropic Substances, Act, 1985 (‘NDPS Act') to set aside the conviction and sentence rendered by the Trial Court, G. Jayachandran, J. has set aside the conviction of the appellant/accused, and has observed that by preponderance of probability, he has established the absence of knowledge, further the evidence relied by the complainant does not prove that the appellant was conscious of the presence of heroin in the parcel given to him by another accused. Read More
POCSO
Delhi High Court
Unfair to quash FIR only because the accused is child victim's real father having matrimonial discord with mother
In a case filed under Section 482 of Criminal Procedure Code, by an accused who happens to be the real father of the child victim in the present case seeking quashing of FIR filed under Section 10 and 12 of Protection of Children from Sexual Offences Act, 2012, Swarana Kanta Sharma, J., refused to quash the FIR in view of the contents of the FIR along with supporting statements under Section 164 of Criminal Procedure Code. Read More
Practice and Procedure
Delhi High Court
No need to attach copies of judgments with pleadings; Delhi High Court requests drafting counsels to adhere to basic principles of pleading
In an application filed by Aakash Choudhary (‘petitioner') seeking anticipatory bail, as FIR was registered against him and Gaurav Singh /co-accused under Sections 308, 323, 341 read with 34 Penal Code, 1860 (‘IPC'), Justice Talwant Singh granted bail on the ground that the CCTV footage, prima facie does not support the allegations mentioned in the FIR, as far as the present applicants are concerned keeping in view that the applicants are ready to join the investigation. Read More
Preventive Detention
Delhi High Court
Mere signing documents in English does not mean the detenue has a working knowledge of English; detention order set aside
In a case where a detenue filed for quashing of his detention order on the grounds of violation of constitutional mandate as laid down in Article 22 (5), a Division Bench of Siddharth Mridul and Rajnish Bhatnagar JJ., set aside the detention order as detenue is illiterate and the detention order must have been explained to him either in Hindi or any vernacular language, if he speaks or understands. Thus, the fact that he signed in English is not sufficient to form an opinion that he has full understanding of the language. Read More
Jammu & Kashmir and Ladakh High Court
Number of acts not to be determined for detention of an individual, but impact of the act(s)
Moksha Khajuria Kazmi, J. dismissed a petition which was filed assailing the detention order in terms of Section (3) of Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (‘NDPS Act') issued by the Divisional Commissioner, Kashmir (‘Detaining Authority'). Read More
Madras High Court
Madras High Court directs State to pay compensation to the detenue who has been kept in illegal detention for 128 days
In a petition filed under Article 226 of the Constitution of India praying to issue a writ of habeas corpus and calling for the entire records in connection with the detention order passed, and to set aside the same, the division bench of S.Vaidyanathan and A.D.Jagadish chandira, JJ. has observed that the protection guaranteed under Article 21 extends even to person who are undergoing imprisonment as a convict prisoner, and he does not lose his fundamental rights merely because he is convicted either as a convict prisoner or detained pursuant to a preventive detention order. Thus, the Court directed the State to pay a sum of Rs. 5,00,000/- as the detenue has been kept in illegal detention for 128 days. Read More
Prohibition
Madras High Court
Madras High Court directs police authorities to prohibit obscene and vulgar dance performances during Dusshera festival
In a writ petition filed for directing the respondents to obtain a declaration from the organizers of all Dusshera Groups and Sound Hire Service Providers to prohibit singing and playing any non-devotional songs and ‘Kuthu Pattu' during Dusshera festival at Arultharum Mutharamman Thirukovil, Thoothukudi District, the division bench of R. Mahadevan and J. Sathya Narayana Prasad, JJ., has directed the police authorities to prohibit obscene and vulgar dance performance during Dusshera Festival. The Court took note of the photographs of Dusshera festival, filed by the petitioner and observed that show that such dances are performed by paid dancers exhibiting obscene and vulgar postures making mockery of the traditional culture and customs to be followed in Dusshera festival and denigrating the Hindu religious sentiments. Further, portrayal of women in an indecent fashion itself is an offence under the provisions of the Indecent Representation of Women (Prohibition) Act, 1981. Read More
Proof of Marriage
Allahabad High Court
Allahabad High Court| Arya Samaj Certificates not enough to prove legality of marriage; Petition of habeas corpus dismissed
Saurabh Shyam Shamshery, J. dismissed a habeas corpus petition holding that the certificates issued by Arya Samaj alone do not prove the legality of a marriage. Read More
Property Law
Chhattisgarh High Court
Chhattisgarh High Court| Provisions of the Chhattisgarh Accommodation Control Act, 2011 would also be applicable upon the property taken on rent or lease, even if it is open land
In a writ petition filed under Article 227 of the Constitution of India, after being aggrieved by the order passed by Chhattisgarh Rent Control Tribunal (Tribunal), wherein the Tribunal has affirmed the order dated 13.02.2020 passed by the Rent Controlling Authority, Raipur (Authority), the division bench of P. Sam Koshy and Parth Prateem Sahu, JJ. has held that the open land which is not being used for agriculture purpose and has been given on lease for a particular period comes under the definition of ‘Accommodation' under Section 2(i)(1) of Chhattisgarh Accommodation Control Act, 2011 (the Act of 2011). Read More
Public Interest Litigation
Delhi High Court
Delhi High Court dismisses plea for mandating stipends to young advocates; Appeals senior lawyer to pay adequately.
In a PIL filed by Pankaj Kumar, a young advocate of 29 years of age, enrolled with Delhi Bar Council is seeking issuance of writ of mandamus to consider the financial difficulties faced by young lawyers and provide them with financial assistance of Rs.5000 during initial year of practice; a Division Bench of Satish Chandra Sharma and Subramonium Prasad, JJ., refused to entertain the instant Public Interest Litigation. Read More
‘Present PIL is nothing but a sheer abuse of the process of law'; Delhi High Court imposes cost of Rs 1 lakh towards Army War Widows Fund
In a public interest litigation filed by an Advocate enrolled with the Bar Council of Delhi, practicing in Delhi High Court seeking directions to Respondents to provide list of 186 private liquor vendors who were harassed by officers of Respondents and identifying officers causing such harassment and the like, a Division Bench of Satish Chandra Sharma C.J., and Subramonium Prasad J., observed that the present petition is nothing but a sheer abuse of the process of law and therefore, imposed costs of Rs. 1,00,000/- (Rupees One Lakh) to be paid to the Army War Widows Fund within a period of 30 days from today, while dismissing the petition at the admission stage itself. Read More
Quashing of FIR
Bombay High Court
MP Mohan Delkar Suicide| Why Bombay High Court quashed FIRs against Dadra and Nagar Haveli UT Administrator Praful Khoda Patel and 8 others
While deliberating upon the instant writ petitions for quashment of FIR registered in connection with the suicide of prominent tribal leader Mohanbhai Sanjibhai Delkar,(MP, Dadra and Nagar Haveli), the Division Bench of Prasanna B. Varale and Shrikant D. Kulkarni, JJ., exercised their powers under Section 482 of CrPC and quashed the FIR filed against Praful K. Patel (Administrator, Dadra and Nagar Haveli) and others by Mohan Delkar's son Abhinav Delkar. Read More
Jammu & Kashmir and Ladakh High Court
J&K and Ladakh HC refuse to quash FIR against College Professor allegedly promoting separatism through YouTube videos
anjay Dhar, J. dismissed a petition which was filed challenging FIR registered under Sections 153, 353 Ranbir Penal Code, 1989 and 13 of Unlawful Activities (Prevention) Act, 1967 (ULA(P) Act). Read More
Religious Institutions and Trusts
Bombay High Court
‘Spare religious trusts in the matter of distributing public largesse'; Bombay High Court directs constitution of new Shree Sai Baba Sansthan Management Committee
In a petition filed by the petitioner Uttamrao Rambhaji Shelke seeking quashing and setting aside of the impugned order dated 16-09-2021 passed by the Principal Secretary, Law and Judiciary Department, Mantralaya, Mumbai appointing the respondent 3 to 14 as Members of Managing Committee of Shree Sai Baba Sansthan Trust, Shirdi Taluka Rahata, District Ahmednagar, a Division Bench of R D Dhanuka and S G Mehare, JJ. held that the State Government has committed vast illegalities in appointing these trustees by disregarding the principles laid down by this Court in a series of judgments. It further stated that various resolutions passed by the State Government appointing the persons as trustees on the said Sansthan Trust are in violation of the principles laid down by this Court and in breach of the provisions of Shree Sai Baba Sansthan Trust (Shirdi) Act, 2004. Read More
Madras High Court
Appointment of Archaka to be done as per Agamas
The Division bench of Munishwar Nath Bhandari, CJ. and N. Mala, J. has held that the temple or group of temples which were constructed as per the Agamas would be governed by the custom and practice, not only in respect of the worship of the deity, but in all respects, which includes even the appointment of Archakas, and not by the Tamil Nadu Hindu Religious Institutions Employees (Conditions of Service) Rules, 2020. (‘The Rules 2020′). Read More
Security Threats
Punjab and Haryana High Court
Withdrawal/Downgrading of VIP security cover: Punjab and Haryana High Court directs State to make fresh assessment of security threats; Provide one security personnel until then
Raj Mohan Singh, J., while disposing of the bunch of writ petitions challenging the orders of withdrawal, pruning, downgrading and de- categorization of the security of the 184 ex- Ministers and former MLAs passed by the State held that the competent authority should make fresh assessment in respect of security threats of petitioners after considering the available inputs from different State and Central agencies. Read More
Service Matter
Allahabad High Court
Challenging recruitment process and Physical Eligibility Test for being arbitrary on gender basis unacceptable after unsuccessful participation [Excise Constable Exam-2016]
While dismissing the writ petitions filed challenging the different criteria set for men and women in the Physical Eligibility Test as notified for the Excise Constable (General Selection), Examination 2016, Saurabh Shyam Shamshery, J. held the same to be non-arbitrary in nature. Read More
Bombay High Court
Bombay High Court upholds rejection of candidature to Bhabha Atomic Research Center for suppressing criminal antecedents in declaration form
In a case filed by Swapnil Prakash Parab (‘petitioner') challenging rejection to the representation made before Bhabha Atomic Research Centre/BARC (‘Respondent 2') on the orders of the Supreme Court. The case relates to non-disclosure of pendency of criminal case in the candidate declaration form, a Division Bench of R N Laddha and S V Gangapurwala, JJ., upheld the rejection by respondent 2 in view of the sensitive nature of work conducted in BARC, a candidate interested in joining such a sensitive institution is expected to have a flawless character and integrity without blemishes. An individual with criminal antecedents will not fit in this category and hiding the same, questions his honesty and integrity that are the inherent requirements in public employment. Read More
Manipur High Court
Absence from duty without leave under CRPF is the gravest misconduct; Manipur High Court upheld order of Disciplinary Authority of dismissal from service
In a writ petition filed to quash the dismissal order dated 18.1.2005 on the ground that it has violated the principles of natural justice and during the departmental enquiry, the Enquiry Officer proceeded the disciplinary proceedings without the Presiding Officer, thus, not affording a reasonable opportunity of being heard to the petitioner is in violation of Article 311(2) of the Constitution of India, M.V. Muralidaran,J. has observed that there is no disproportionation in awarding the punishment nor any violation of the principles of natural justice, as the petitioner has failed to maintain discipline and had done grave misconduct by overstaying his leave without permission. Read More
Meghalaya High Court
Selection processes should be transparent and not guided by Nepotism
The Division Bench comprising of Sanjib Banerjee*, CJ and W. Diengdoh, J., while deciding an appeal by appellant regarding unfair rejection in the interview for the post of driver in the Directorate of Soil and Water Conservation expressed their concern over ‘Favouritism’ and ‘Nepotism’ affecting government's recruitment drives. Read More
Sikkim High Court
Retired Government employee cannot be denied Leave encashment benefits unless re-employment is contractual
While deciding the instant writ petition regarding leave encashment of a retired re-employed employee of the State Government, Bhaskar Raj Pradhan, J., held that the petitioner is entitled to leave encashment for the entire period he served the State Government. Read More
Tripura High Court
Employees of statutory organizations cannot claim pensionary benefits as a matter of right
In a batch of writ petitions filed for directing the State Government to provide similar Pension benefit as granted to the other similarly situated Tripura Government Undertakings, Arindam Lodh, J. has held that the writ court while exercising the power of judicial review under Article 226 of the Constitution of India will not as a court of appeal sit over the well-reasoned report of the expert body, thereby observed that providing grants or other benefits to any of the organizations is a matter of policy decision of the government and the court cannot direct the State or its instrumentalities to formulate such policy. Read More
Suo Motu Cognizance
Allahabad High Court
Allahabad High Court took suo motu cognizance of a major fire incident at a hotel in Lucknow; observes that thousands of establishments are allowed to flout the building and fire safety rules by the relevant authorities
In a case relating to the fire incident on 05.09.2022 at a well-known hotel, namely, Levana Suites, where four human lives were lost and many more are in a critical state, the division bench of Brij Raj Singh and Rakesh Srivastava, JJ. have taken a suo motu cognizance of the various digital and print reports relating to the incident of fire and observed that there is an exigent demand to ensure that such incidents do not occur in the future and issued certain directions.
Bombay High Court
Bombay HC takes suo-motu cognizance of Maharashtra Forest Department's proposed move to shift wild elephants from Gadchiroli forest area
While taking suo- motu cognizance of the news item published in Times of India, (Nagpur edition), dated 05-09-2022, which mentioned the proposed move of the Forest Department to shift wild elephants to some zoo; the Division Bench of Sunil B. Shukre and Valmiki SA Menezes, JJ., observed that the issue highlighted in the news is of seminal importance the view-point of the public interest. The Court was also of the view that the issue raises an even more fundamental question regarding the rights of wild animals within a society dominated by human beings in general and within the framework of the Constitution in particular.
Kerala High Court
Kerala HC takes cognizance of unauthorized killing of community dogs; directs State to issue circular prohibiting citizens from inflicting unnecessary harm on dogs
While addressing the menace of dog bites in Kerala and the incidents of unauthorised killing of community dogs, the Division Bench of A.K. Jayasankaran Nambiar and Gopinath P, JJ., directed the State Police Chief to issue a circular clarifying that— Read More
Madras High Court
Madras High Court finds YouTuber Savukku guilty of criminal contempt; sentenced him to six months imprisonment for derogatory remarks on the higher Judiciary
In a suo motu contempt petition against the YouTuber Savukku Shankar, the division bench of G.R. Swaminathan and B. P ugalendhi, JJ. has held Savukku guilty for criminal contempt for proclaiming in the public domain that all Judges are corrupt and dishonest, as it was not a slip of the tongue and he himself asserted, he has been in the field for almost 13 years, and he knows what it means to utter a particular remark. Therefore, the Court sentenced Savukku to six months simple imprisonment. Read More
Terrorism/Militancy/Anti-National activity
Guwahati High Court
2008 Assam Serial Blasts Case | Gauhati HC refuses to interfere with the conviction and sentencing of NDFB Founder Ranjan Daimari and 9 others
While deciding the instant appeal preferred by Ranjan Daimari and 9 others regarding their conviction and sentence of life imprisonment by the Special Court in relation to the horrific 2008 bomb blasts which rocked Assam; the Division Bench of Suman Shyam and Malasri Nandi, JJ., observed that the manner in which the bomb blasts took place, undoubtedly reveal the intention to challenge India's sovereignty, unity, integrity and cause widespread terror. Observing that the prosecution had successfully established that the blasts were a result of a conspiracy hatched by the 10 appellants, therefore, the Bench, applying the principles laid down in Yakub Abdul Razak Memon v. State of Maharashtra, (2013) 13 SCC 1, held that the order of the Special Judge convicting the appellants does not require any interference from the High Court. Read More
Jammu & Kashmir and Ladakh High Court
style=”font-weight: bold; color: #000000;”>Can offering funeral prayers for a slain militant be termed as an anti-national activity so as to deprive an individual of their personal liberty? J&K and Ladakh HC deliberates
While deciding the instant applications seeking to set aside the orders passed by the Special Judge (Designated Court for UAPA cases under NIA Act) Anantnag, granting bail to the respondents; the Ali Mohammad Magrey and Md. Akram Chowdhary, JJ., observed that offering of funeral prayers of a killed militant by the public at large, even if it was done at the instance of the respondents who are the elderly people of their village, cannot be construed to be anti-national activity of such a magnitude so as to deprive them of their personal liberty as guaranteed under Art. 21 of the Constitution. Read More
Trademark
Bombay High Court
Bombay High Court grants interim injunction against Polycab India Limited for novel design infringement of Atomberg Renesa Ceiling Fan
In a case filed by Atomberg Technologies Private Limited (‘plaintiff') seeking temporary injunction as Polycab India Limited (‘defendant') has a blatantly infringed by creating replica and/or reproduction of the overall design, shape, configuration, get-up of the Plaintiff's Atomberg Renesa Ceiling Fan, R I Chagla, J. granted injunction against defendants as there is prima facie infringement of the Plaintiff's registered design and passing off is made out as well as the balance of convenience also lies in favour of the Plaintiff and unless the reliefs as prayed is not granted, the Plaintiff will suffer irreparable loss, harm and injury. Read More
Calcutta High Court
“AMUL” being a well-known trademark deserves a broader scope of protection — even against non-competing goods or services
While awarding injunction restraining the defendants for infringement of registered trademark and passing off, Krishna Rao, J. held that Trademark “AMUL” a movement among Indian Rural Community towards prosperity and being a well-recognized brand should be provided with broader scope of protection against even the non—competing goods and services. Read More
Delhi High Court
Delhi High Court grants ad-interim injunction against Tensberg having phonetic similarity with Carlsberg
In a suit filed by plaintiff (‘Carlsberg Breweries A/S') seeking ad interim injunction against Tensberg Breweries Industries Pvt Ltd (‘defendants') claiming, that they have adopted deceptively similar mark and is marketing its beer in deceptively similar bottle so as to cause confusion in the minds of the general consumers, Navin Chawla, J. granted ad interim injunction as prima facie, the shape of the bottle and the Can adopted by the defendants appears to be deceptively similar to that of the plaintiff; with the same color green for the bottle, and green/white for the Can as well as the placement of the marks, the appearance of the deceptively similar crown, also prima facie reflects the intention of the defendants to come as close to the plaintiff's mark as possible. Read More
Surprising that a product imported from Pakistan is sold on Amazon without any details; Delhi High Court directs Amazon to remove infringing links within 48 hours
In a suit filed by Hamdard National Foundation (India) (‘plaintiff 1′) and Hamdard Dawakhana (‘plaintiff 2′) relating to the product and mark of the Plaintiffs ‘ROOH AFZA' being sold on defendant's website ‘Amazon' not belonging to the plaintiff's, Prathiba M Singh J. granted an ad-interim injunction in favour of the plaintiff in order to recognize the Plaintiffs' rights but also to ensure that the products not meant for consumption in India are not sold on the www.amazon.in platform. Read More
“Such cases highlight the perils of internet-based businesses”; Delhi High Court directs DoT and MEITY to block website posting defamatory reviews about LIVSPACE
In a case filed by Livspace Pte. Ltd. (‘plaintiff 1′) and Home Interior Designs E-Commerce Private Limited (‘Plaintiff 2′) seeking permanent injunction against the domain name on which a website is being hosted, called www.livspace-reviews.com (‘defendant’) where extreme derogatory reviews were written against the plaintiffs which are disparaging and defamatory in nature, Prathiba Singh, J. directed Department of Telecommunications (‘DoT') and Ministry of Electronics and Information Technology (‘MEITY’) to issue blocking orders within 48 hours, and then ensure that the website www.livspace-reviews.com, shall remain blocked till the next date of hearing. Read More
Delhi High Court restrains Dominick Pizza from using Dominos mark along with its dishes Cheese Burst and Pasta Italiano having deceptive similarity
In a case where Dominos IP Holder LLC, popularly known as Dominos (‘plaintiff') was seeking protection of the mark ‘Domino's Pizza', and the accompanying device mark, logo mark, as also the marks ‘Cheese Burst' and ‘Pasta Italiano', its popular dishes as Defendant 1 was using a deceptively similar logo, mark, and trade name — ‘Dominick Pizza' along with other registered trademarks, such as ‘Cheese Burst' and ‘Pasta Italiano', Prathiba M Singh J. granted an ex-parte ad interim injunction in favor of the plaintiffs as prima facie case is established, balance of convenience lies in favour of the plaintiff and irreparable injury would be caused if the injunction is not granted. Read More
Delhi High Court restrains company selling keychains and baggage tags having VISTARA marks online; Raises security concerns and directs damages of Rs 20 lakh
In a case filed by Tata Sia Airlines (‘plaintiff’) seeking decree of permanent injunction against company selling keychains and baggage tags bearing the ‘VISTARA Marks’ in the aubergine and gold colour-combination, on a Chinese e-commerce platform, namely AliExpress, by the seller (‘defendant’), Navin Chawla J., raised security concerns of national and international nature at airports due to the infringing material and thus, granted permanent injunction against the infringing defaulter and entitled it to pay Rs. 20 Lakh as damages. Read More
Delhi High Court grants ex parte ad interim injunction against Jamshedpur based restaurant SOCIAL 75 for using the registered trademark SOCIAL
In a trademark infringement suit filed by a company namely, Impresario Entertainment and Hospitality Pvt Ltd. (‘plaintiff') running a well-known restaurant, SOCIAL against the offending trademark SOCIAL 75 (‘defendant'), Jyoti Singh J. granted ex parte ad-interim injunction, as the impugned trademark is deceptively similar to the registered trademark of the Plaintiff. Read More
Delhi High Court denies grant of exclusive right to use the name ‘VASUNDHRA' for being a common name in India
In a suit filed by Vasundhara Jewelers Private Limited (‘plaintiff'), praying for an ad-interim injunction restraining the defendant from manufacturing, selling, offering for sale, exporting, advertising, marketing and/or in any manner using, in relation to any jewelry any other allied and cognate goods including but not limited to textiles, textile goods and fabrics, under the impugned marks or deceptively similar to the plaintiff's trademarks i.e., ‘VASUNDHRA' family of marks, Navin Chawla J. rejected prayer for injunction and held that merely because the plaintiff deals in jewelry items, which by themselves are more costly thereby resulting in a higher turnover for the plaintiff, will not give a better right to the plaintiff over an otherwise a common name in India. Read More
[STAR SPORT v EUROSPORT] Delhi High Court restrains EUROSPORT from using STAR device being deceptively similar to STAR TV
In a case filed by Star Televisions Productions Limited (‘plaintiff') seeking permanent injunction to restrain EUROSPORT (‘defendants') from infringing ‘STAR mark' ‘STAR Device'/trademark belonging to the plaintiffs, Asha Menon J. allowed the application and granted interim injunction against defendants from using the impugned marks and, or any other mark which is identical or deceptively similar to the Plaintiff's registered STAR Marks including the STAR Device. Read More
Delhi High Court grants injunction in favour of CROSSFIT gym; Directs cost of Rs 10 Lakhs against infringers; Issues contempt notice for brazen violation of interim injunction
In a case filed by CROSSFIT gym (‘Plaintiff') having CROSSFIT trademarks seeking permanent injunction against defendant gym using the identical mark, Prathiba Singh, J. granted permanent injunction against defendants and imposed a cost of Rs 10 lakhs to be paid to the plaintiff within three months. The Court also issued contempt notice against the proprietor of the defendants to show cause why contempt must not be initiated against him and his company, as they continued using the CROSSFIT mark under challenge, in blatant violation of interim injunction being granted. Read More
Welfare of Parents
Calcutta High Court
‘Indian values being eroded with adoption of western culture' — Court orders daughter to pay maintenance and provide accommodation to parents
While deciding an application under Article 227 of the Constitution of India dealing with the issue of maintenance and welfare of parents, Kesang Doma Bhutia, J. directed the daughter to allow her aged parents to reside with her in a residential flat which was gifted to her by her parents via gift deed. The Court also directed both son and daughter to pay Rs. 10,000/- per month respectively as maintenance to their parents. Read More
*Arunima Bose, Editorial Assistant has put this report together.
