A quick legal roundup to cover important stories from all High Courts in October 2022
Allahabad High Court
“Juvenile can be denied bail, if his release defeats ends of justice”; Allahabad High Court upholds JJB order declining bail to a juvenile in a rape case of a 6-year-old
In a criminal revision petition filed under Section 102 of the Juvenile Justice Act challenging the order passed by Juvenile Justice Board (‘JJB’), and challenging the order dated passed by Special Judge (POCSO) affirming the order of the JJB and declining bail to the juvenile for offences under sections 376-AB of the Penal Code, 1860 (‘IPC’) and Section – 5(m) or 6 of Protection of Children from Sexual Offences Act, 2012 (‘POCSO Act’), Jyotsna Sharma, J. has observed that bail to a juvenile is not compulsory in all cases and can be denied for certain reasons, thus seeing the gravity of the offence, upheld the said orders. Read more
[X v. State of UP]
Chairman of the Vidhan Parishad not bound to recognise the leader of opposition party having the greatest numerical strength; Allahabad High Court upholds notification withdrawing recognition of Lal Bihari Yadav as Leader of Opposition in UP Legislative Council
In a proceeding initiated by member of the UP Legislative Council- Lal Bihari Yadav, under Article 226 of the Constitution of India for commanding the respondents to quash and stay the operation of the impugned notification dated 07.07.2022, by which the recognition of the petitioner as the leader of the opposition in Uttar Pradesh Legislative Council has been withdrawn, Attau Rahman Masoodi and Om Prakash Shukla, JJ. has held that the reliance of the Chairman on Rule 234 of the Rules of Procedure and Conduct of Business Rules, 1956 (‘the Rules’) is a fair & judicious exercise of discretion in derecognising Lal Bihari Yadav as leader of opposition and is also in conformity to the precedent and practise of the legislative council. Further, Lal Bihari Yadav do not have an inalienable right to be appointed or to continue as Leader of Opposition and the Chairman of the Vidhan Parishad was not bound to be guided only with the criteria of recognising the leader of an opposition party, which has the greatest numerical strength. Read more
[Lal Bihari Yadav v. Sabhapati U.P. Legislative Council Vidhan Bhawan Lko, 2022 SCC OnLine All 731]
“Death was not pre-meditated”; Allahabad High Court modifies conviction under Section 302 IPC into Section 304 IPC
In an appeal filed against the judgment and order passed by Sessions Judge, convicting and sentencing the appellants in a murder case, the division bench of Kaushal Jayendra Thaker and Nalin Kumar Srivastava, JJ. has observed that the evidence of a hostile witness cannot be discarded as a whole, and relevant part can be used by prosecution. Further, the dying declaration is reliable, truthful and was voluntarily made by the deceased, and can be acted upon without corroboration and can be made the sole basis of conviction. Read more
[Deepak v. State of U.P., 2022 SCC OnLine All 717]
Intermediaries complying with the requirements of Section 79 of IT Act and Rules exempted from liability; Allahabad High Court quashes FIR against Flipkart
In a writ petition filed by Flipkart, seeking quashing of the First Information Report (FIR) for offences under Sections 406, 420, 467, 468, 471, 474 and 474-A of the Penal Code, 1860 (IPC), the division bench of Suneet Kumar and Syed Waiz Mian, JJ. while quashing the FIR, has observed that an intermediary is not liable for any third-party information, data or communication link made available or posted by it, as long as it complies with Sections 79(2) or 79(3) of the Information and Technology Act, 2000 (‘IT Act’), and as Flipkart is an intermediary providing merely access to sellers/buyers and has exercised ‘due diligence’ under Section 79(2)(c) IT Act, 2000, thus, it is exempted from any liability under the IT Act. Read more
[Flipkart Internet (P) Ltd. v. State of U.P., 2022 SCC OnLine All 706]
Allahabad High Court grants bail to Politician Srikant Tyagi for offences under U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986
In a bail application filed by Srikant Tyagi for offences under Sections 2 and 3 of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, (‘UP Gangster Act’) during the pendency of trial, Surendra Singh-I, J. has allowed the bail application plea of Srikant Tyagi considering the facts and circumstances of the case and the nature of the allegations. The counsel for Srikant Tyagi submitted that the lodging of the present case under the Gangster Act, is totally illegal and no case is made out against the applicant. Read more
[Srikant Tyagi v. State of U.P., 2022 SCC OnLine All 715]
Allahabad High Court dismisses Politician Srikant Tyagi’s Anticipatory Bail plea in an alleged rape case
In an anticipatory bail application filed by politician Srikant Tyagi for offences under Sections 366, 376 of the Penal Code, 1860 (IPC), Raj Beer Singh, J. dismissed the anticipatory bail application plea and has observed that considering the settled principle of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances of the case, no case for anticipatory bail is made out. However, it was directed that in case he appears/surrenders before the Trial court within a period of three weeks from the day of this order, and applies for bail, his bail application shall be considered and decided by the court expeditiously, in accordance with settled law. Read more
[Shrikant Tyagi v. State of U.P., 2022 SCC OnLine All 714]
Prescribing minimum qualification, selection criteria exclusively fall in the realm of the employer and its judicial review is very limited, Allahabad High Court reiterates
In a public interest litigation petition instituted under Article 226 of the Constitution of India challenging the U.P. Subordinate Forest (Deputy Range Forest Officer and Forester) Service Rules, 2021, framed under the proviso appended to Article 309 Constitution of India of the Constitution, the division bench of Devendra Kumar Upadhyaya and Saurabh Srivastava, JJ. has observed that the structure of cadre, source/ mode of recruitment, prescription of minimum qualification, selection criteria are matters exclusively fall in the realm of the employer and its judicial review is very limited. Thus, unless the petitioner can show that prescription of height of 163 cms. recruitment to the said posts does not have any reasonable basis, interference in such matters is not advisable. Read more
[Kavita v. U.P. Sub-Ordinate Services Selection Commission, 2022 SCC OnLine All 736]
Allahabad High Court| Consenting adults have right to choose their life partner and it cannot be interfered with by any other person
In a habeas corpus writ petition filed by the husband Sanjay Kumar Singh, J. has held that the choice of a life partner, the desire for personal intimacy and yearning to find love and fulfilment of human relationship between two consenting adults cannot be interfered with by any other person. Thus, as the wife is major, legally wedded wife of the petitioner and is willing to live with him, she is free to live with him. Read more
[Sandeep Kumar v. State of U.P., 2022 SCC OnLine All 735]
Allahabad High Court grants bail to accused in a POCSO case, as prosecutrix has delivered his child and was willing to marry him
In a bail application under Section 439 of the Code of Criminal Procedure (CrPC) filed by the applicant for the offences under Sections 363, 366, 376 of Penal Code, 1860 (‘IPC’), and Section 3 and 4 of the Protection of Children from Sexual offences (‘POCSO Act’), Dinesh Kumar Singh, J. while considering the stand of the prosecutrix, and her father, viewed that as the prosecutrix had already delivered a child from the applicant, who has been in jail since 10.04.2022, and, without expressing any opinion on the merit of the case, granted bail subject to certain conditions. Read more
[Monu v. State of UP, 2022 SCC OnLine All 701]
Newspaper report is hearsay evidence and requires corroboration; Allahabad High Court upholds dismissal of complaint against Yogi Adityanath
In a petition under Article 227 of the Constitution of India to set aside the judgements passed by the Trial Court and by the Sessions Judge (Revisional court), Samit Gopal, J. has observed that it is trite law that there must be “legal evidence” in support of the allegations levelled against a person and as in the present case the only evidence relied upon is the newspaper reporting that is not “legal evidence” and just a “hearsay evidence”, thus, the said orders are upheld. Read more
[Naval Kishor Sharma v. State of UP, 2022 SCC OnLine All 677]
Allahabad High Court| Accused in ‘Constructive Custody’ of the Court gets bail. Read what ‘constructive custody’ means
In an application filed for seeking bail for offences under Sections 420 and 120-B of Penal Code, 1860 , Subhash Vidyarthi, J. observed that to claim release on bail, a person must be in custody of the Court which is not necessarily required to be in physical custody. Read more
[Jitendra Kumar Singh v. State of UP, 2022 SCC OnLine All 674]
Cancellation of bail without issuing notice to the applicants and without affording them a reasonable and sufficient opportunity of hearing is patently illegal; Allahabad High Court reiterates
In a bail application filed by the applicants for quashing the proceedings and setting aside the bail cancellation order by the Trial Court, Ajai Kumar Srivastava,J. has observed that it is a settled law that once bail has been granted by a competent court after due consideration of facts and circumstances of the case, the same should not be cancelled in a mechanical manner without there being any supervening circumstance, which are not conducive to the fair trial. The Court further held that the impugned order is patently illegal as it was passed by the trial court without issuing notice to the applicants and without affording them a reasonable and sufficient opportunity of hearing and thus, caused miscarriage of justice to the applicant. Read more
[Rajendra Kumar v. State of UP, 2022 SCC OnLine All 688]
What is Transit Anticipatory Bail? Allahabad High Court explains
In an anticipatory bail application, Rajesh Chauhan, J. has directed the police to release the applicant on transit bail on executing personal bond of Rs. 50,000/- with two sureties of the like amount. The Court has also observed that there is no fetter on the part of the High Court in granting a transit anticipatory bail to enable the applicants to approach the Courts including High Courts where the offence is alleged to have been committed and the case is registered. Read more
[Ajay Agarwal v. State of UP, 2022 SCC OnLine All 689]
“Every judgment must be seen to its own context and facts, and the precedents cannot be applied universally to every case”; Allahabad High Court denies anticipatory bail to the applicant
In an anticipatory bail application filed by the applicants for offences under Sections 420, 467, 468, 471, 386, 120-B, 504, 506, 409, 34 of the Penal Code, 1860 , Krishan Pahal, J. has held that that every judgement must be seen to its own context and facts and the precedents cannot be applied universally to every case. Hence, anticipatory bail was denied. Read more
[Lakhan Singh v. State Of UP, 2022 SCC OnLine All 687]
Allahabad High Court upholds rejection of S. 321 CrPC application filed by Swami Chinmayanand Sarawati, former Union Minister of State
In application by Swami Chinmayanand Sarawati, former Union Minister for State, invoking extraordinary power of the Court under Section 482 of Code of Criminal Procedure (CrPC) assailing the legality and validity of the order passed by the Trial Court, whereby the Magistrate has declined to accord permission to the application under section 321CrPC filed by the Public Prosecutor, Rahul Chaturvedi, J. upheld the rejection of the said application, and observed that Court must see that the application moved by the public prosecutor for withdrawal of the prosecution has been properly made in a good faith and in the interest of public tranquility and justice and not to just thwart or stifle process of law. Read more
[Swami Chinmayanand Saraswati v. State of UP, 2022 SCC OnLine All 670]
Allahabad High Court | Muslim wife cannot be compelled by Court to live with her husband against her wishes while second marriage of the husband subsists
In an appeal filed under Section 19 of the Family Courts Act, 1984 for setting aside the judgment dated 04.08.2022 and the decree dated 12.08.2022 by the Family Court, whereby the appellant’s suit for restoration of conjugal rights, has been dismissed, the division bench of Surya Prakash Kesarwani and Rajendra Kumar-IV, JJ. has held that in the absence of any cogent explanation for the second marriage to the first wife, the action of the husband would amount to cruelty to his first wife. Therefore, it would be inequitable to compel the first wife against her wishes to live with such a husband and it would also amount to breach of her fundamental rights guaranteed under Article 21 of the Constitution of India . Read more
[Azizurrahman v. Hamidunnisha]
Allahabad High Court| Instances of ‘undeserved want’ depicted in Section 12(e) of the Legal Services Authorities Act, 1987 is not a fixed concept but an evolutionary exercise
In a bail application filed by the applicant for committing offence under Section 302 of Penal Code, 1860 Ajay Bhanot, J. has held that the instances of “undeserved want” depicted in Section 12(e) of the Legal Services Authorities (‘LSA’) Act, 1987 , is not a fixed concept but an evolutionary exercise. Further, the State Legal Services Authority is mandated to enquire whether the circumstances of a person being considered for legal aid fall within the sweep of “undeserved want” and directed the SLSA to devise certain schemes for providing legal aid to prisoners and for timely filing of bail application. Read more
[Anil Gaur v. State of UP, 2022 SCC OnLine All 623]
Bombay High Court
Bombay High Court | Mere use of the word harassment ‘mentally and physically’ not sufficient to attract ingredients of S. 498-A IPC
In an application filed under Section 482 of Criminal Procedure Code (CrPC) for quashing the FIR for the offences punishable under Sections 498-A, 323, 504, 506 read with Section 34 of Penal Code, 1860 (IPC), a Division Bench of Vibha Kankanwadi and Rajesh S Patil, J., quashed and set aside the FIR and the proceedings thereto, on the ground that the allegations made, and the evidence collected is not prima facie sufficient, to attract the ingredients of offence punishable under Section 498-A of IPC . As far as Section 323, 504, 506 read with Section 34 of IPC is concerned, unless the other offences are proven to amount to “cruelty”, offence under Section 498-A of IPC cannot be made out and, therefore, it would be a futile exercise to ask the applicants to face the trial. Read more
[Sarang Diwakar Amle v. State of Maharashtra, Criminal Application No. 40 of 2021, decided on 21-10-2022]
Bombay High Court upholds decision by Thane Municipal Corporation permitting Eknath Shinde faction to conduct ‘Diwali Pahat’ programme
In a case filed seeking to quash and set aside the order dated 13-10-2022 passed by Thane Municipal Corporation (respondent 2) granting permission to respondent 3 and 4 to erect the stage for ‘Diwali Pahat’ programme to be held on the premises opposite to Rajawant Jewellers, Talav Pali, Thane, R.D. Dhanuka and Kamal Khata, JJ., dismissed the petition and upheld the decision by Thane Municipal Corporation in granting such permission to respondent 4 as no mala fide was noticed since the application filed by respondent 4 was prior in point of time and respondent No. 4 has complied with all terms and conditions for such permission. Read more
[Mandar Pramod Vichare v. Thane Municipal Corpn., 2022 SCC OnLine Bom 4069]
Labelling husband as alcoholic and womanizer without any basis amounts to ‘cruelty’ u/S 13(1) HMA, 1955; Bombay High Court grants divorce
In an appeal filed by wife challenging the judgment and decree dated 22-11-2005, passed by the Family Court whereby the marriage was dissolved by a decree of divorce under Section 13 of Hindu Marriage Act, 1955 on the ground that the allegations constitute an act of cruelty, a Division Bench of Nitin Jamdar and Sharmila U Deshmukh JJ., held that making false and baseless allegations by the wife pertaining to the character of the husband and labelling him as an alcoholic and womanizer constitutes “cruelty” within the meaning of Section 13(1)(i-a) of Hindu Marriage Act, 1955. Read more
[Nalini Nagnath Uphalkar v. Nagnath Mahadev Uphalkar, 2022 SCC OnLine Bom 4075]
Fevikwik v Fixokwik] “Fixokwik” deceptively similar, hence, restrained; Bombay High Court grants ad interim relief in favor of FeviKwik
In a suit filed by Pidilite Industries Limited (plaintiff) seeking ad-interim reliefs against defendants for selling adhesive products by the name “FIXO KWIK”, which is deceptively similar to the mark of the plaintiff, not only in the placement of the words used in the mark but also the designing of the packet in which the adhesive is sold, the same being a colourable imitation or a substantial reproduction of the original packet of the plaintiff, Manish Pitale, J., restrained defendants from manufacturing, marketing, selling, advertising, offering to sell or dealing in the impugned Products bearing the FIXO KWIK Mark and/or Label/Packaging, or any other marks/labels/ trade dresses/packaging identical with or similar to FEVI KWIK registered marks. Counsel for plaintiff submitted that the plaintiff is a world-renowned business entity in the field of adhesives and sealants construction and paint chemicals, automotive chemicals etc., and that the present plaint is concerned about the product “FEVI KWIK”, which is a cyanoacrylate adhesive / instant adhesive. It is stated that the mark “FEVI KWIK” was conceived and adopted in the year 1987 by the plaintiff and has been continuously in use since 1991.Read more
[Pidilite Industries Ltd. v. Fixo Industries, 2022 SCC OnLine Bom 4021]
Bombay HC |A bonafide train passenger being forced to walk on the railway tracks due to absence of overbridge cannot be said as ‘negligent’
In a case filed by the family of the deceased passenger challenging the order passed by Railway Claims Tribunal rejecting their claim for compensation made under the Railways Act, 1989 on the ground that neither the deceased was a bonafide passenger at the time of the incident nor the incident was an “untoward incident” as defined in Section 123(c)(2) of the Railways Act, 1989 , Abhay Ahuja J., directed the State to pay compensation of Rs. 8,00,000/-, to the appellants within a period of six weeks subject to due verification on establishing that the deceased is a bonafide passenger at the time of incident as well as the incident is an “untoward incident” which mandates compensation by the railway authorities. Read more
[Sunita v. Union of India, 2022 SCC OnLine Bom 3630]
Bombay High Court | Wife being well qualified desiring to work does not amount to cruelty; Inference of desertion not to be drawn merely on grounds of living separately
In an appeal filed by husband challenging the judgment and decree of restitution of conjugal rights and dismissal of petition filed for dissolution of marriage alleging cruelty and desertion against the wife, a Division Bench of A.S. Chandurkar and Urmila Joshi Phalke, JJ. did not interfere with the impugned order on finding no reasonable ground of cruelty to obtain a decree of dissolution of marriage. Read more
[Pundlik Martandrao Yevatkar v. Sau Ujwala, 2022 SCC OnLine Bom 3171]
[Mumbai Monsoon] Bombay High Court endorses adoption of holistic approach by concerned authorities regarding potholes and bad road conditions in the city
In a petition filed regarding resurfacing of potholes with the onslaught of monsoon and there being no improvement at the ground level, a Division Bench of Dipankar Datta, CJ., and M S Karnik J., directed Municipal Corporation of Greater Mumbai (MCGM) to take urgent steps in fixing the potholes existing as on date as well as the State Government and MCGM to audit the performance of the erring road contractors responsible for the bad road conditions. The Court further directed the State Government to consider the suggestion of the Commissioner to hand over all the roads within the jurisdiction of MCGM for up-keep and maintenance. Read more
[Ruju R Thakker v. State of Maharashtra, 2022 SCC OnLine Bom 3707]
Advocates must exercise discretion while annexing objectionable photographs of parties with the petition; Bombay HC imposes cost of Rs 25000 on the advocate
In a case where the Court came across highly objectionable photographs annexed by the counsel for the petitioner, a Division Bench of Revati Mohite Dere and S.M. Modak, JJ., directed the Advocate, to deposit costs of Rs. 25,000/- with the Kirtikar Law Library, within two weeks from the date of the order. Read more
[Jyotsna D Souza v. State of Maharashtra, 2022 SCC OnLine Bom 3481]
Bombay High Court | Right to reside in shared household of husband is lost after grant of divorce; Cannot be claimed based on an earlier order
In a petition filed by Umakant Bondre/ applicant 1 (former father-in-law of respondent 1) challenging the order dated 12-02-2018 passed by the Additional Sessions Judge, Udgir whereby respondent 1-divorced wife was permitted to occupy the shared household standing in the name of present applicant 1, Sandipkumar C More, J. held that respondent 1 being a divorced wife, is not entitled to claim residence order or implementation of earlier residence order in the light of changed circumstances i.e. after her subsequent divorce for occupying the shared household after leaving the same long back and prior to her divorce. Read more
[Umakant Havgirao Bondre v. Sakshi, 2022 SCC OnLine Bom 3168]
‘Not planned but committed in sudden spur of the moment’; Bombay High Court reduces father-brother’s LI to 10 years RI for killing girl’s lover
In an appeal filed questioning the legality of Judgment and convicting both Appellants i.e. a father and a son, under Section 235(2) of Criminal Procedure Code (CrPC) for offence punishable under Section 302 read with 34 of Penal Code, 1860 (IPC) and sentencing both to suffer imprisonment for life with fine of Rs. 1000/- each, in default, to suffer rigorous imprisonment for one month, a Division Bench of A S Gadkari and Milind N Jahdav, JJ., set aside the conviction order under Section 302 IPC, instead convicted them under Section 304 Part-II IPC and sentenced to suffer rigorous imprisonment for 10 years and to pay a fine of Rs. 25,000/- each, and to suffer further rigorous imprisonment for six months as the Court opined that that Appellants acted in a sudden spur of the moment and heat of passion and by such act they acted in a manner that, they knew is likely to cause death of the boy but without the intention to kill him. Read more
[Sachin Laxman Dandekar v. State of Maharashtra, 2022 SCC OnLine Bom 3120]
Bombay High Court quashes rape case FIR registered against son of CPM’s Kerala State Secretary Kodiyeri Balakrishnan
In a case filed for quashing of the charges registered against Binoy Kodiyeri (petitioner), son of CPM’s Kerala State Secretary Kodiyeri Balakrishnan, for the alleged offences punishable under Sections 376, 376(2)(n), 420, 504 and 506 of Penal Code, 1860 on the disputes being settled, on payment of a sum of Rs. 80,00,000, a division bench of Revati Mohite Dere and S M Modak, JJ., quashed the FIR registered with the Oshiwara Police Station, Mumbai due to the relation between the parties being consensual in nature and have now reached settlement vide consent terms agreed mutually. Read more
[Binoyi Kodiyeri v. State of Maharashtra, 2022 SCC OnLine Bom 3361]
[MV Act] Bombay High Court | Obligatory for Court and Tribunal to award ‘just compensation’ even if it is in excess of the amount claimed
In an appeal filed against the judgment and award dated 20-11-2009 passed by the Motor Accident Claims Tribunal, Mumbai awarding compensation of Rs. 48,38,543/- with interest @7.5% p.a. from the date of the application till final realization, seeking enhancement of the same vide present appeal, Anuja Prabhudessai J., held the claimant to be entitled for compensation of Rs. 64,86,714/- which is more than the amount claimed by the claimant i.e., Rs. 45,00,000/- and observed that it is obligatory for the Tribunal and Court to award ‘just compensation’, even if it is in the excess of the amount claimed. Read more
[Yogesh Subhash Panchal v. Mohd. Hussain Malik, 2022 SCC OnLine Bom 4076]
Calcutta High Court
[Ekbalpore Violence] Calcutta High Court orders SIT to probe in recent Kolkata Communal Violence
While deciding a petition related to Ekbalpore – Mominpur communal violence on the eve of Laxmi Puja, the Division Bench comprising of Apurba Sinha Ray and Joymalya Bagchi, JJ., ordered the formation of a Special Investigation Team (SIT) of experienced police officers to probe into the unfortunate incident in the city of Kolkata. Read more
[Nabendu Kumar Bandyopadhyay v. State of W.B., 2022 SCC OnLine Cal 3151]
Calcutta High Court | Only Green Crackers with QR code to be bursted on Diwali in the State of West Bengal
While deciding a matter related to sale of green firecrackers in West Bengal, the Division bench comprising of Apurba Sinha Ray and Joymalya Bagchi, JJ., directed the Pollution Control Board as well as the police authorities to ensure that there is no importation, sale or bursting of crackers other than the green crackers bearing QR Code in the State of West Bengal. Read more
[Sabuj Mancha v. State of W.B., 2022 SCC OnLine Cal 3144]
Calcutta High Court restricts Two wings of the same department, Anti Evasion wing and Range Office from initiating proceedings for same period while Audit Commissionerate asked to issued notice
While deciding an intra-court appeal wherein it was alleged that three wings of the same department viz. Audit Commissionerate, Anti Evasion wing and Range Office have proceeded against the appellant at the same time, a Division Bench comprising of TS Sivagnanam* and Supratim Bhattacharya, JJ., held that the Anti Evasion wing and Range Office shall not proceed any further till the proceedings under S. 65CGST Act, 2017 reach the ‘logical end’. Read more
[R. P. Buildcon (P) Ltd. v. Superintendent, CGST & CX, 2022 SCC OnLine Cal 3108]
Delhi High Court
Delhi High Court| Higher standards of probity expected from IPR lawyers to not imitate logo which is already in existence
In a suit filed seeking permanent injunction restraining trademark infringement, copyright infringement and passing off against Ms. Swarupa Ghosh (‘Defendant’), an IP lawyer by Sujata Chaudhri (‘Plaintiff’) who is the proprietor and managing partner of Sujata Chaudhri IP Attorneys for having deceptively similar marks, Prathiba Singh, J., granted interim injunction and restrained the defendants from using the impugned SG logo with effect from 01-01-2023.Read more
[Sujata Chaudhari v. Swarupa Ghosh, CS (Comm) 732 of 2022, decided on 19-10-2022]
Delhi High Court upholds Trial Court’s conviction order for raping his one-year-old niece
In an appeal challenging the judgment passed by the Session Judge, convicting the appellant for offences punishable under the provision of Section 376(2)(f) of the Penal Code, 1860 IPC and Section 6 read with Section 5 or Section 3 of Protection of Children from Sexual Offences Act, 2012 (‘POCSO’), the division bench of Siddharth Mridul and Anup Jairam Bhambhani upheld the judgment and order on conviction by the Trial Court and held the appellant guilty of the offences of rape and penetrative sexual assault upon the one-year-old child. Read more
[Bagender Manjhi v. State (NCT of Delhi), 2022 SCC OnLine Del 3424]
Delhi High Court dismisses Umar Khalid’s bail plea in 2020 riots case
In an appeal under Section 21(4) of the National Investigation Agency Act, 2008 (‘NIA Act’) read with Section 43-D(5) of the Unlawful Activities Prevention Act, 1967 (‘UAPA’), seeking setting aside of impugned order passed by Sessions Judge, whereby Umar Khalid’s bail application was dismissed, the division bench of Siddharth Mridul and Rajnish Bhatnagar, JJ. has been observed that the allegations against Umar Khalid are “prima facie true” and hence, the embargo created by Section 43D(5) of UAPA applies squarely regarding the consideration of grant of bail to him. Thus, his application seeking regular bail was rejected. Read more
[Umar Khalid v. State of National Capital Territory of Delhi, 2022 SCC OnLine Del 3423]
Delhi High Court |Central Government inspecting books and accounts of Gems and Jewellery Export Promotion Council does not establish that it controls financial aspect; Not ‘State’ under Art 12
In an appeal filed challenging the judgment passed by the Single Judge whereby the writ petition of the Appellant was dismissed on the ground that it was not maintainable as Gems & Jewellery Export Promotion Council (GJEPC) did not fall within the ambit of State under Article 12, a Division Bench of Satish Chandra Sharma CJ., and Subramonium JJ., held that the writ petition would not be maintainable as the GJEPC, does not fall within the ambit of “State” and “other authorities” under Article 12 as GJEPC does not satisfy any of the requirements or tests laid down by various Judgements of the Supreme Court for establishing whether or not an authority can be deemed to be a “State” under Article 12 or not. Read more
[ Jitarani Udgata v. Union of India, 2022 SCC OnLine Del 3449]
Questions of faith have no bearing on individuals’ freedom to choose a life partner; Delhi High Court rejects bail for mother and grandmother
In a bail petition filed against sister, mother and grandmother of the wife of the complainant regarding allegations pertaining to abducting the complainant and his wife, beating them and amputating the private part of the complainant, Anoop Kumar Mendiratta, J., rejected bail to the mother and grandmother of the wife considering the grave nature of offence, ghastly manner in which the assault was made and considering their role in the incident, whereas granted bail to the sister, since no active role appears to have been attributed to her, subject to furnishing a personal bond in the sum of Rs. 25,000/- with one surety in the like amount. Read more
[Naina Rana v. State (NCT of Delhi), 2022 SCC OnLine Del 3524]
Infirmities pointed out by the convict need reconsideration ; Delhi High Court grants bail to accused convicted of rape of woman he met on Tinder
In an application under Section 389 read with Section 482 of Code of Criminal Procedure, 1973 (CrPC) for suspension of sentence and release of the appellant on bail during the pendency of appeal, Anoop Kumar Mendiratta, J. has held that the sexual encounter between the parties was completely voluntary, and at this stage, even if the evidence is not to be reassessed for the purpose of execution of sentence, the infirmities pointed out by the appellant need consideration. Thus, granted him bail. Read more
[Ashish Windwani v. State (NCT of Delhi), 2022 SCC OnLine Del 3314]
Delhi High Court| Interpretation of an arbitration clause must be predicated upon a construction of the contract as a whole, and no particular word or phrase should be unduly emphasized to negate the clause of its true meaning
In a case filed by Panasonic India Private Limited (petitioner) seeking appointment of an arbitrator to adjudicate disputes which have arisen between the parties under a Distribution Agreement, Prateek Jalan, J., refuting the contentions of the respondent that the clause referring to arbitration uses the word “can”, as opposed to “shall”, which signifies an option in the hands of a party as to whether to refer a dispute to arbitration or not and held that the interpretation of an arbitration clause, as indeed of all contractual provisions, must be predicated upon a construction of the contract as a whole, and no particular word or phrase should be unduly emphasized to negate the clause of its true meaning. Read more
[Panasonic India Private Limited v. Shah Aircon, 2022 SCC OnLine Del 3288]
Delhi High Court quashes confiscation proceedings against Satyender Jain under Prohibition of Benami Property Transactions Act, 1988
In a batch of petitions filed assailing proceedings initiated by the respondent- State under the Prohibition of Benami Property Transactions Act, 1988 for attachment and confiscation of properties which were admittedly acquired prior to the enforcement of the Benami Transactions (Prohibition) Amendment Act, 2016 , Yashwant Varma, J., quashed all proceedings as in compliance with a judgment rendered by the Supreme Court in Union of India v. Ganpati Dealcom Pvt. Ltd., 2022 SCC OnLine SC 1064 , wherein it was categorically held that concerned authorities cannot initiate or continue criminal prosecution or confiscation proceedings for transactions entered into prior to the coming into force of the 2016 Act, viz., 25-10-2016 and thus, all such prosecutions or confiscation proceedings shall stand quashed. Read more
[Reliance Commodities v. ACIT]
[Delhi High Court | Post sale discount given by Loreal India not to qualify as commensurate reduction in prices as required under Section 171 CGST Act, 2017
In a case filed by Loreal India Private Limited (petitioner) challenging the order dated 23-06-2022 passed by National Anti-Profiteering Authority (Respondent 2) and the notice dated 01-06-2022 seeking to examining whether there is any profiteering or not, also challenging Section 171 of Central Goods and Services Tax Act, 2017 , (CGST Act), Chapter XV of the Central Goods and Services Tax Rules, 2017 , (CGST Rules) more particularly, Rules 126, 127 & 133 of the CGST Rules as unconstitutional, ultra vires and violative of Articles 14, 19(1)(g), 265 & 300-A of the Constitution of India , a Division Bench of Manmohan and Dinesh Kumar Sharma, JJ., held that a supplier cannot claim that he has passed on more benefit to one customer therefore he could pass less or no benefit to another customer than the benefit which is actually due to that customer as under Section 171CGST Act , any benefit of reduction in rate of taxes or benefit of input tax credit on any supply of goods or services can only be by way of commensurate reduction in prices. Read more
[Loreal India Private Limited v. Union of India, 2022 SCC OnLine Del 3281]
Delhi High Court restrains APPLEPLANT being deceptively, visually and semantically similar to APPLESTREE
In a suit filed for injunction by the Plaintiff restraining the Defendant from selling, offering for sale, advertising or promoting any product under the trademark ‘APPLEPLANT’ or any trademark similar to Plaintiff’s trademark ‘APPLESTREE’, which may cause confusion and deception in the market, leading to passing off Defendant’s goods as those of the Plaintiff, including products in similar packaging, get-up, trade dress as well as infringement of copyright in the artistic work comprised in Plaintiff’s label, Jyoti Singh, J., restrained the defendants as the plaintiff has made out a prima facie case for grant of injunction as well as balance of convenience also lies in favour of the Plaintiff who has been using the trademark since the year 2018, i.e., prior in point in time to the Defendant who has dishonestly chosen to adopt a deceptively similar trademark in 2019 in respect of identical goods, with a view to pass off his goods as that of the Plaintiff. Read more
[Vinita Gupta v. Amit Arora, 2022 SCC OnLine Del 3249]
Delhi High Court |Section 17 of Senior Citizens Act, 2007 not to come in way of legal representation before the Maintenance Tribunal
In a case filed by the petitioners challenging the vires of Section 17 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 alleging to be in violation of Section 30 of the Advocates Act, 1961 , a Division Bench of Vibhu Bakhru and Amit Mahajan JJ., held that Section 17 of the Senior Citizens Act would not come in way of legal representation on behalf of the parties before the Maintenance Tribunal. Read more
[Pawan Reley v. Union of India, 2022 SCC OnLine Del 3221]
Delhi High Court held RAJNIPAAN guilty for infringement for adopting deceptively similar mark and replaced ‘GANDHA’ with ‘PAAN’ with an intention to ride upon goodwill and reputation of RAJNIGANDHA
In a suit filed seeking permanent injunction restraining the Defendants, their partners or proprietors, principal officers, servants, agents and distributors and all others acting on its behalf, from manufacturing, selling, offering for sale, advertising, directly or indirectly dealing in any manner with products including but not limited to tobacco products, pan masala products, confectionary and/or any other goods and/or services using the mark RAJNI PAAN, RAJNIPAAN, infringing plaintiffs’ trademarks RAJNI, RAJNIGANDHA including trade dress and any other mark deceptively similar, Jyoti Singh, J., held that defendants are guilty of infringement by dishonestly adopting nearly identical trademark and identical packaging, trade-dress, etc., and have chosen to deliberately stay away from the proceedings, despite service, for which repeated efforts had been made by the Plaintiffs. Read more
[Dharampal Satyapal Limited v. Youssef Anis Mehio, 2022 SCC OnLine Del 3307]
T-series v Tata] Delhi High Court record settlement between TATA motors and T-series for not using ‘T-series’ marks on Tata automobiles
In a suit filed by Super Cassettes Industries Private Limited, seeking permanent injunction restraining infringement, passing off, rendition of accounts, damages, etc., against the Defendant – Tata Motors Ltd., and having informed the Court regarding the parties reaching settlement, Prathiba Singh J., recorded the settlement term between the parties wherein the Defendant has acknowledged the rights of the Plaintiff in the ‘T-Series/T. Series’ marks, and the Plaintiff has acknowledged the Defendant’s rights in the mark ‘T’, ‘Tata Motors’ and the Tata logo. Read more
[Super Casettes Industries Private Limited v. Tata Motors Limited, 2022 SCC OnLine Del 3367]
FIR registered for non-payment of advocate professional fee; Parties arrived settlement; Delhi High Court directs client to distribute sanitary napkins and advocate to undertake pro bono work
In a case filed by Shilpi Chaudhary (‘petitioner’) seeking quashing of FIR, which was registered alleging offences under Section 384 and 506Penal Code, 1860 (IPC) and have now reached settlement, Jasmeet Singh, J. observed that considerable time of the police and judiciary has been wasted and thus, directed the petitioner to provide sanitary napkins to a girls’ school and the complainant- advocate (‘respondent 2’) to undertake pro bono work to the best of his ability and capability for the next 3 months. Read more
[Shilpi Chaudhary v. State of NCT of Delhi, 2022 SCC OnLine Del 3194]
No need to satisfy PMLA’s twin bail condition if the accused is sick and infirm; Delhi High Court grants bail
In a case filed seeking bail for an accused being involved in an alleged bank loan scam by Shakti Bhog Foods Limited (SBFL), Jasmeet Singh, J. granted bail considering the medical condition of the accused as the proviso to Section 45 (1) of Prevention of Money Laundering Act, 2002 (PMLA), carves out an exception from the rigors of Section 45 for persons who are sick or infirm.
An FIR was registered under Section 120-B read with Sections 420, 467, 468 and 471 of Penal Code, 1860 (‘IPC’) and Section 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988 (‘PC Act’) and since the offences in the FIR are scheduled offences under the provisions of the Prevention of Money Laundering Act, 2002 Enforcement Directorate was roped in. Read more
[Devki Nandan Garg v. Directorate of Enforcement, 2022 SCC OnLine Del 3086]
Delhi High Court permanently injuncts GRAND VIVANTA from using VIVANTA mark; Adopts new name GRAND VIHAN
In a suit filed by Indian Hotels Company Limited (‘plaintiff’) is a part of the well-known ‘TATA’ Group of Companies, along with its subsidiaries, is engaged in the business of hotels and hospitality services in India branded under the names/marks being ‘TAJ’, ‘SeleQtions’, ‘GINGER’, and ‘VIVANTA’, seeking permanent injunction restraining infringement of its registered trademark ‘VIVANTA’, used in respect of hospitality services including hotels and resorts, both in India and abroad, Prathiba Singh, J., granted permanently restrained GRAND VIVANTA Vacations Private Limited (‘defendant’) from using the mark/name VIVANTA/VIVAN or any other mark/name which is deceptively similar to that of the Plaintiff’s mark – VIVANTA with or without prefix or suffix in respect of any of its resorts, hotels, restaurants or any other combination for its hospitality services, resorts, hotels, restaurants or any other related services. The defendants agreed to adopt new marks as GRAND VIHAN Vacations Private Limited and/or GRAND VIHAN. Read more
[The Indian Hotels Company Limited v. Grand Vivanta Vacations Private Limited, 2022 SCC OnLine Del 3104]
Delhi High Court | No need for injunction in favour of Colgate as Custom authorities denied import of infringing goods in India
In a suit filed by Colgate Palmolive Company (‘plaintiff’) seeking permanent injunction, restraining infringement of trademark COLGATE, copyright, trade dress etc. against unknown Defendants who are responsible for importing a container in India having products bearing marks which are deceptively/ confusingly similar to the Plaintiffs’ mark, Prathiba Singh, J., denied injunction in view of the statement made by the Central Board of Indirect Taxes & Customs (CBITC) Defendant 2 having not permitted imports of the impugned products in India.Read more
[Colgate Palmolive Company v. John Does, 2022 SCC OnLine Del 3105]
Delhi High Court| Negligence of counsel not a reasonable ground within Order XI Rule 1(5) CPC; Facts of the case must disclose ‘urgency’ to avail benefit under Or. XI R. 1(4) CPC
In a case filed by the petitioner challenging dismissal order in relation to an application filed seeking to place on record, certain additional documents which, according to the application, were a necessary and essential part of the suit, but could not be filed with the plaint due to negligence on the part of the plaintiffs, Hari Shankar J. held the petition being devoid of merits and observed that negligence of Counsel cannot constitute reasonable cause, within the meaning of Order XI Rule 1 (5)Civil Procedure Code (CPC); else, the very requirement of adducing reasonable cause for failure to disclose the documents with the plaint would be reduced to a formality. Read more
[Anita Chhabra v. Surender Kumar, 2022 SCC OnLine Del 3089]
Delhi High Court | Arbitration cannot be invoked even by consent of the parties once the claim is found to be time-barred
In a case filed by Extramarks Education India Private Limited (petitioner) seeking appointment of an arbitrator to adjudicate upon the disputes that are stated to have arisen with the Sri Ram School (respondent) from Agreement dated 02-05-2014 related to the sale, implementation and installation by the petitioner of certain hardware and multi-media system accessories along with software for the purpose of setting-up 24 Smart Learn Classes at several schools run by the respondents, Anup Jairam Bhambhani, J., held that the petitioner’s claim against the respondent is ex-facie time barred while observing that once it is found that the claim is time barred by Limitation Act, 1963 , arbitration cannot be invoked even by consent of parties.Read more
[Extramarks Education India Private Limited v. Sri Ram School, 2022 SCC OnLine Del 3123]
Himachal Pradesh High Court
Condemning the Practice of filing petition, Himachal Pradesh High Court dismisses transfer plea seeking favorable place of posting
Dismissing a petition seeking her transfer to a favorable station, a Division Bench comprising of Tarlok Singh Chauhan and Virender Singh, JJ., held that the grounds sought for transfer are not sufficient.
The instant petition was filed by the petitioner, a teacher appointed as TGT (Arts) at GSSS Kotkhai, Shimla, seeking her transfer to a station of her choice on the grounds that both she and her husband suffers from a medical condition and her mother-in-law is aged and dependent on petitioner and her husband. Moreover, the present place of posting is at about 220 kms from her native place. Read more
[Anita Kumari v. State of H.P., 2022 SCC OnLine HP 5012]
Himachal Pradesh High Court | Person cannot be branded as ‘Suspect’ in Final Report in absence of incriminating material
While allowing a petition filed under S. 482CrPC seeking to quash/delete the name of the petitioner as ‘suspect’ from the supplementary charge sheet and discharge him from the charges, Ajay Mohan Goel, J, held that no one can be reflected as a ‘suspect’ in the Final Report.
In the instant matter, a FIR under Ss. 420, 406, 409, 411, 467, 468, 471, 201, 217, 218 and 120-B of IPC and Ss. 13(I) d, 13(I) d(ii), 13(I)(e) and 13(2) of the Prevention of Corruption Act, 1988 was filed against the Indian Technomac Co. Ld. and its officials. The petitioner worked as the Company Secretary of Indian Technomac Co. Ld. for a period of about fourteen months till 16-03-2011 which is prior to filing of the FIR. The petitioner applied for anticipatory bail and the same was granted to him. On 19-03-2020, the investigation agency filed a supplementary charge sheet naming him as ‘suspect’. Read more
[Neeraj Gulati v. State of H.P., 2022 SCC OnLine HP 4942]
Jammu and Kashmir and Ladakh High Court
[Principles of Natural Justice] J&K and Ladakh HC | The expression ‘Application of Mind’ is not meant as a matter of usage for ritual sake but is a living principle of law
While deciding the instant petition wherein a person’s engagement as Rehbar-e-Khel was cancelled as he joined his duty after a lapse of 21 days as he was not physically present in India at the time, the Bench of Rahul Bharti, J., observed that that expression “Application of Mind” is not meant as a matter of usage for ritual sake, but is a living principle of law out of which only an administrative/ judicial/quasi-judicial decision, must bear its natural delivery and not come by caesarean mode. “The legal principle of Application of Mind in its operational level, envisages the full view, comprehension and understanding of the facts of a given case, without any edit regarding which a decision in return is warranted in law from the decision maker”. Read more
[Shailender Parihar v. Sarmad Hafeez]
J&K and Ladakh HC | Petition challenging 4% reservation for Pahari Speaking People in State/UT Services dismissed as petitioners failed to qualify as ‘aggrieved persons’ for the purposes of Art 226
While deliberating over the instant writ petition concerning reservation provided to Pahari Speaking People, the Sanjay Dhar, J., had to look into the question as to who can invoke the jurisdiction of the High Court under Art. 226 of the Constitution seeking a writ of certiorari or a writ of mandamus. The Court dismissed the instant petition and observed that under ordinary circumstances, a third person, having no concern with the case, cannot claim to have any locus standi to raise any grievance whatsoever. However, if the actual persons aggrieved, because of ignorance, illiteracy etc., are unable to approach the Court and a person, who has no personal agenda, approaches the Court, then the Court may examine the issue. Even in cases filed in public interest, the Court can exercise the writ jurisdiction at the instance of a third party only when it is shown that legal injury is threatened, and the affected class of persons is unable to approach the Court on account of their poverty etc. Read more
[Mohd. Anwar Chowdhary v. State (UT of J&K), 2022 SCC OnLine J&K 773]
J&K and Ladakh HC | To prevent the “frittering away of the fruits of compromise” HC can quash proceedings for non-compoundable offences if parties have arrived at a settlement
While deciding the instant petition wherein the Court was faced with the issue that whether it has the power to quash the proceedings, particularly when some of the offences alleged to have been committed by petitioner and others are non-compoundable in nature; the Bench of Sanjay Dhar, J., observed that where the offender and the victim have settled their disputes and the possibility of conviction is bleak, then regarding the continuation of criminal proceedings in such cases where the wrong is basically private or personal in nature, the High Court will be within its jurisdiction to quash the criminal proceedings if it is known that because of the compromise arrived at between the parties, there is remote possibility of securing conviction of the accused.Read more
[Pinky Jain v. UT of Jammu and Kashmir, 2022 SCC OnLine J&K 785]
Karnataka High Court
[Special Legislations] | Karnataka HC | POCSO Act is a Special Law which can override any Personal Law
While deciding the instant application seeking regular bail for offences under the provisions of Prohibition of Child Marriage Act, 2006* and Protection of Children from Sexual Offences Act, 2012 (POCSO), the Bench of Rajendra Badamikar, J., held that POCSO Act is a special legislation, and it overrides any personal law. Read more
[Aleem Pasha v. State of Karnataka]
What is the legal evidentiary value of a Google Review? Karnataka High Court elucidates
While deciding the instant petition for anticipatory bail, the Bench of Rajendra Badamikar, J., observed that google search disclosures or google reviews indicating that an individual has cheated number of persons, cannot be accepted, as google reviews do not have any legal evidentiary value. Read more
[Om Pratap Singh v. State, 2022 SCC OnLine Kar 1587]
Karnataka HC | Simply in order to dispose of cases, Courts should not dismiss complaints where the presence/attendance of the complainant is not an essential requirement
While deciding the instant appeal for restoration assailing the order passed by the Trial Court wherein the case was dismissed due to non-prosecution, the Bench of P.N. Desai, J., observed that it is the duty of the Court to record plea of the accused by putting substance of the accusation against him. The complainant’s presence/ personal attendance at the time of recording the plea of the accused is not essential at all. It was held that simply in order to dispose of the cases, a complaint should not be dismissed when there is no necessity of the complainant’s presence. Read more
[Nagaraj v. Ishwar, 2022 SCC OnLine Kar 1586]
“Rise of the pseudo-therapists on public domain who are but camouflaged instagram influencers, needs to be regulated”; Karnataka HC expresses concern
While deliberating over the instant petition seeking quashment of chargesheet filed against a “wellness therapist” under the provisions of Information and Technology Act, 2000 and Penal Code, 1860 , the Bench of M. Nagaprasanna, J., observed that the mushrooming rise of so-called “wellness therapies” in the public domain have also given rise to pseudo-therapists who are but in reality “instagram influencers”. Expressing concern that pseudo-therapists of social media unbound by any ethical regulation, lure innocent people seeking genuine therapy and thus committing fraud upon them; the Court observed that it is high time that the Government frames some regulatory measure to check the rise of such therapies and therapists. Read more
[Sanjana Fernandes v. State of Karnataka, 2022 SCC OnLine Kar 1543]
Karnataka HC declines to indulge into the alleged mismanagement in FKCCI; says that the Federation is not an “instrumentality of the State” under Art. 12
While deciding the instant writ petition wherein an elected member of Federation of Karnataka Chambers of Commerce and Industry (FKCCI) came before the Court grieving against the alleged mismanagement of and undemocratic practices perpetrated in the FKCCI, the Bench of Krishna S. Dixit, J., declined to indulge in the matter and made certain observations regarding FKCCI and it being an “instrumentality of the State” under Art. 12 of the Constitution. Read more
[B. L. Shankarappa v. Federation of Karnataka Chambers of Commerce and Industry (FKCCI), 2022 SCC OnLine Kar 1585]
Karnataka HC issues guidelines for proper furnishing of surety for bail and prevention of fake sureties
While deciding the instant matter arising out of a fake surety for bail which had been created on the property of the petitioner, the Bench of Suraj Govindraj, J., keeping in mind the general importance of the issue laid down certain guidelines/steps to be followed whenever any surety is furnished for release of an accused on bail.
In the instant case, fake surety was created on the property of the petitioner and the petitioner came to know of the fake surety only when the said property was brought to sale on account of default by the accused in the criminal matter. Read more
[Narayana B. v. State of Karnataka]
Karnataka HC | In sexual assault cases, DNA report favouring the accused will not automatically absolve such accused of the offences so alleged
While deliberating over the instant petition seeking termination of proceedings under the provisions of the POCSO Act, the Bench of M. Nagaprasanna, J., observed that in cases involving sexual offences, merely because the DNA report for the paternity test favours the accused, it would not absolve the said accused in entirety of the offences so alleged. It was further observed that negative inference regarding the commission of alleged act cannot be drawn just because the DNA report came in favour of the accused (herein petitioner); moreover, the DNA sample report that is given by the analyst should also be confirmed by way of evidence. “Mere production of DNA sample report before the Court would not mean that it has to be taken as gospel truth without examination or cross-examination of the doctor who has rendered such opinion“. Read more
[Swamy B. v. State, 2022 SCC OnLine Kar 1542]
Whether conducting a Test Identification Parade after a lapse of a long time, will serve any purpose or not? Karnataka HC answers in negative
While deciding the instant petition wherein an order of conducting a Test Identification Parade (TIP) after a gap of 11 years was challenged; the Bench of Suraj Govindraj, J., observed that after a period of 11 years, a person’s memory becomes frail, therefore the identification by such witnesses cannot be considered trustworthy, hence, such an identification parade carried out after a lapse of these many years will not serve any purpose at all. Read more
[K. Umesh Shetty v. State of Karnataka, 2022 SCC OnLine Kar 1537]
Karnataka HC | Clients cannot make out a case of fraud against their advocate just because advocate was unable secure them a favourable order
While deciding the instant petition seeking quashment of complaint against a Senior Advocate, wherein it was alleged that he was not able to obtain orders in favour of client (the complainant); the Bench of Suraj Govindraj, J., held that merely because a client did not succeed in the matter and orders favouring the him were not passed by a Court, the said client cannot make out a case that a fraud which has been committed by the advocate. It was observed that it is for all litigants to understand that an advocate can only make best efforts in the matter and the case would be decided on the basis of merits. “In an Adversarial System like that in our country where one party initiates a litigation against the other, it is bound to happen that one will win and other will lose, which is on the basis of the facts of the case and the law applicable”. Read more
[K.S. Mahadevan v. Cyprian Menezes, 2022 SCC OnLine Kar 1539]
Kerala High Court
Kerala High Court directs Police officers to act with self-control and tolerance and warns against derogatory behavior towards citizens
In a writ petition filed seeking remedy for police harassment, Devan Ramachandran, J. has issued directions to the State Police to deal with the citizenry on a day-to-day basis. The Court held that the police officers should act with self-control and tolerance and treat citizens with courtesy. Read more
[Anil J.S. v. State of Kerala]
Kerala High Court| Economic condition of the family cannot be a ground to deny EWS certificate to a married woman living separately
In a writ petition filed seeking the issuance of an economically weaker section (EWS) certificate, V.G. Arun, J. allowed a provisional certificate to be issued to the petitioner. Read more
[Sandra Stephen v. State of Kerala]
Kerala High Court | Bail can be sought under POCSO Act, when offence has been alleged under POCSO Act as well as SC/ST Act
In a conflict between the manner and forum for filing an application for bail when offences under the provisions of the Protection of Children from Sexual Offences Act, 2012 (‘POCSO Act’) as well as the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (‘SC/ST Act’) are both alleged to have been committed in the same crime, Bechu Kurian Thomas, J. has held that whenever an offence under the POCSO Act is alleged, along with the provisions of the SC/ST Act , the accused is entitled to take recourse to the procedure contemplated under the POCSO Act for bail, as by virtue of section 31 of the POCSO Act , the provisions of CrPC are made applicable, thus, petitioner was justified in approaching the High Court under CrPC . Read more
[Renoj R.S v. State of Kerala]
Kerala High Court set aside Chancellor’s communication asking the VCs of eight Universities in Kerala for their resignation and termination
In writ petitions filed by Vice Chancellors (VC) of eight Universities in Kerala alleging that the Chancellor of the Universities issued an analogously worded communication to them, informing that they are all ceased to be the Vice Chancellor of respective University with effect from 21-10-2022 and asked them to submit their resignation by 24-10-2022, Devan Ramachandran, J. while setting aside the impugned communication of the Chancellor, observed that as the Chancellor apparently has offered the petitioners an opportunity to show cause against certain action proposed by him, thus, it means that they are still in service and certainly eligible to continue as VCs, until such time as their term of office expires, or until they are removed as per law. Read more
[Sabu Thomas v. The Chancellor, Mahatma Gandhi University]
Kerala High Court permits accused to meet their lawyer on alternate days for 15 minutes in the presence of investigating officer
While dismissing the criminal revision petition challenging the order passed by Lower Court, Kauser Edappagath, J. held that even though the presence of an advocate during interrogation in police custody is not allowed, the accused are permitted to meet their advocates every alternate day for fifteen minutes in the presence of the investigating officer from the day of the order.Read more
[Mohd. Shafi v. State of Kerala, 2022 SCC OnLine Ker 5417]
Kerala High Court quashes proceedings against CM Pinarayi Vijayan and 11 other CPI(M) leaders protesting for withdrawal from free trade agreement between India and the ASEAN
In a case relating to a complaint for offences under Sections 143, 147, 149 and 283 of the Penal Code, 1860 and Sections 38 r/w section 52 of the Kerala Police Act, 1960 , for formation of Statewide human chain by the Communist Party of India to compel the Union Government to withdraw from the Association of Southeast Asian Nations (ASEAN) free trade agreement, Bechu Kurian Thomas, J has observed that the continuance of proceedings against the petitioners is an abuse of the process of court as the conduct alleged against the petitioners do not satisfy the ingredients of Section 141 of IPC , and when the allegations do not satisfy the ingredients of unlawful assembly, the offences under Sections 143, 147 and 149 of IPC cannot be attracted. Further in the absence of any allegation against petitioners, proceeding in a criminal action for the offence under Section 283IPC is an abuse of the process of law. Read more
[Prakash Karat v. State of Kerala, 2022 SCC OnLine Ker 5243]
Kerala High Court confirms pre-arrest bail order to Civic Chandran; Expunged ‘provocative dress’ remark of Kozhikode Sessions Court
In a criminal miscellaneous petition filed to set aside the order granting pre-arrest bail by the Sessions Court to Civic Chandran for offences under Sections 354 and 341 of the Penal Code, 1860 (IPC), Kauser Edappagath, J. has observed that even though the reason shown by the Sessions Court for granting pre-arrest bail cannot be justified, but the order granting pre-arrest bail cannot be set aside. Therefore, the Court confirmed the pre-arrest bail granted by the Sessions Court to Civic Chandran, subject to certain conditions. Read more
[XXX v. State of Kerala, 2022 SCC OnLine Ker 5248]
Kerala High Court | ‘Solemnisation of marriage’ is the consideration for registering marriages under the Kerala Registration of Marriages Rules and not ‘religion of the parties’
In a writ petition filed being aggrieved by the refusal of registration of marriage by the Registrar as per the Kerala Registration of Marriages Rules, 2008 (‘Rules 2008’) as the parties belong to different religions, P.V. Kunhikrishnan, J. has observed that the only condition for the registration of the marriage as per Rule 6 of the Rules, 2008 is that the marriage is to be solemnized and the religion of the parties is not a consideration for registering marriages. Further, hyper technical defects shall not be raised while entertaining the applications for registration of marriage and because the father or mother of one of the parties to a marriage belongs to a different religion, it is not a reason to reject an application submitted for registration of the marriage as per the Rules, 2008. Read more
[Lalan P.R v. Chief Registrar General of Marriages, 2022 SCC OnLine Ker 5246]
Kerala High Court| Allegation of rape on false promise to marriage unsustainable, if the relationship between the two continued even after marriage of accused
In a petition filed under Section 482 of the Code of Criminal Procedure (CrPC) for quashing the First Information Report (FIR) for offences under Sections 406, 420 and 376 of the Penal Code, 1860 (IPC), Kauser Edappagath, J. has reiterated that if a man retracts his promise to marry a woman, then the consensual sex they had will not constitute an offence of rape under Section 376 of the IPC , unless it is established that the consent for such sexual act was obtained by him by giving false promise of marriage with no intention of being adhered to , and that promise made was false to his knowledge. Further, the prosecution must lead positive evidence to give rise to inference beyond reasonable doubt that the accused had no intention to marry the prosecutrix at all from the very inception. Read more
[Sreekanth Sasidharan v. State of Kerala, 2022 SCC OnLine Ker 4907]
Kerala High Court prohibits use of contract carriages and other transport vehicles in public places flouting prescribed safety standards
In a suo motu cognizance of the case relating to the use of contract carriages vehicles that were involved in major accidents, posing potential threat to the safety of the passengers and other road users, the division bench of Anil K.Narendran and P.G. Ajithkumar, JJ. has directed the respondents to prohibit the use of contract carriages and other transport vehicles in public places, flouting the safety standards, in strict compliance of the directions contained in the order dated 26.05.2022. Read more
[Suo motu v. State of Kerala, 2022 SCC OnLine Ker 4898]
Kerala High Court| Object of an enquiry under S. 33 (2) (b) of the Industrial Dispute Act, 1947 is to lift the veil to find out any hidden motive in punishing the workman
In a petition challenging the order dismissing the application filed under Section 33(2)(b) of the Industrial Disputes Act, 1947 (‘the Act’), Mohammed Nias C.P., J. has observed that the respondent has not properly considered the application under Section 33(2)(b) and it is necessary to question and remit the matter to the authority, to consider the application afresh after hearing the management and the workmen and to take a decision in accordance with law. Read more
[Midland Rubber Produce Company Ltd v. Uthayasuriyan, 2022 SCC OnLine Ker 4842]
Kerala High Court | Elected Independent Candidate joining a political party or coalition, shall acquire disqualification as per Section 3(1)(c) of the Kerala Local Authorities (Prohibition of Defection) Act
In an appeal filed challenging the judgment of the Single Judge upholding the State Election Commission’s order of disqualifying the appellant from being a member of the Gram Panchayat and for further contesting as a candidate in an election to any local authorities for a period of six years., S. Manikumar, CJ. and Shaji P. Chaly, J. upheld the said decision and observed that the appellant has violated the requirements of law; which is clear proof to show that the appellant has joined the coalition in terms of the provisions of the Act and the Rules and contested and won the election as a candidate fielded by the said political party/ coalition. Read more
[Sheeba George v. State Election Commission of Kerala, 2022 SCC OnLine Ker 4808]
Madras High Court
Madras High Court directs DRO to receive gold armour from the Bank for Thevar Jayanthi celebrations; restricts AIADMK from interfering in the process
In a petition filed by All India Anna Dravida Munnetra Kazhagam (‘AIADMK party’) praying to pass an Interim order, directing the respondent Bank to handover the lawful possession of the 13kg gold armour to AIADMK party till 01.11.2022, that is lying in the locker of the respondent bank bearing joint account of AIADMK party and the Pasumpon Thevar Ninaivalaya (respondent), for the upcoming Thevar Jayanthi Celebrations, V. Bhavani Subbaroyan, J. directed the respondent bank to accept the signature of the trust for the present year and the District Register Officer (‘DRO’) of Ramnad District to sign and receive the armour from the Bank and take it to the venue of celebration, further directed both the factions of AIADMK (party A and party B) to not interfere in the above-said process of receiving, adorning and redepositing the gold armour at any cost. Read more
[All India Anna Dravida Munnetra Kazhagam v. The Branch Manager Bank of India Anna Nagar Branch]
Madras High Court temporarily restrains ‘Mobile Pe’ from offering UPI and BHIM services following ‘PhonePe’s’ Trade mark infringement suit
In a Trade mark dispute between digital payments applications “Phone Pe” and “Mobile Pe”, M. Sundar, J has temporarily restrained Mobile pay from offering Unified Payments Interface (‘UPI’) and Bharat Interface for Money (‘BHIM’), however, it can continue with all other business activities like wallet recharge etc. Read more
[Phonepe (P) Ltd. v. Mobilepe E-Commerce (P) Ltd., 2022 SCC OnLine Mad 4989]
Madras High Court |Duty of the law enforcing agencies to be more vigilant in curbing the social media menace and maintain the social decorum and harmony in society
In a matter relating to the constitution and operation of the special cells for surveillance and to curb the slurring attacks on individuals and on the constitutional functionaries and high officials in the State and Central Government, M. Dhandapani, J. has observed that this matter has been pending for more than a year and half without much progress having been made in the constitution and functioning of the special cells, which were directed to be constituted, thus, directed the respondent to take steps to procure the equipment and establish the special cells at the earliest, and to submit a comprehensive report along with the report of the Electronics Corporation of Tamil Nadu regarding the opening of the tenders, by the next date of the hearing.Read more
[A. Maruthachalam v. State]
Absence of application to condone delay barred by limitation; Madras High Court quashes FIR against self-styled Godman Shiva Sankar Baba
In a criminal original petition filed under Section 482 of the Code of Criminal Procedure (CrPC) for quashing of First Information Report (FIR) registered under Section 354 of the Penal Code, 1860 (‘IPC’) and Section 4 of Tamil Nadu Prohibition of Harassment of Woman Act, 2002 against self-styled Godman Shiva Sankar Baba, R.N. Manjula, J. has held that even though the allegations made by the respondent are serious in nature, however, due to the absence of petition under Section 473 CrPC to condone the delay filed along with the complaint, the case is barred by limitation; and as the investigation cannot serve any fruitful purpose , thus, for the reasons of technical flaw, the FIR was quashed. Read more
[Shiva Sankar Baba v. State, 2022 SCC OnLine Mad 4971]
Madras High Court: Detention to be rendered illegal caused by inordinate delay in processing remarks
A writ petition filed under Article 226 of the Constitution of India to issue a writ of habeus corpus to free the detenu from illegal detention, caused due to delay in considering representation, the division bench of Nisha Banu and N. Anand Venkatesh, JJ. while setting aside the impugned detention order, has observed that any inordinate and unexplainable delay on part of the government in considering representation renders the detention illegal, and even a delay of three days in disposal of representation would render the detention illegal. Thus, directed the respondent to release the detenu. Read more
[Karthikarani v. State of T.N., 2022 SCC OnLine Mad 4972]
Madras High Court directs constitution of Teller Committee and to conduct Advocates Association elections within 90 days following existing byelaws of MHAA
In a review application filed to review the order passed by this Court, the division bench of R. Mahadevan and Mohammed Shaffiq while dismissing the review application, has observed that the conduct of the election with the existing byelaws in a transparent and fair manner is the need of the hour, which has been delayed unnecessarily for nearly four years, thus, the election shall be completed within a period of 90 days. Further, it was observed that the Bar is undoubtedly the backbone of the judicial system and the supporting pillar of the Bench without which the delivery of justice is a chimerical theory that cannot translate into fruition. Read more
[K. Sathyabal v. The Chairman & Members, Election Committee, 2022 SCC OnLine Mad 4861]
Madras High Court| Directors cannot escape criminal liability on the ground that they are not directly involved in the production of sub-standard Pharma products
In a petition filed under Section 482 of Code of Criminal Procedure (CrPC) to quash the criminal complaint filed by the Drugs Inspector under Section 32 of Drugs and Cosmetics Act, 1940 , for the contravention of Section 18(a)(1) of Drugs and Cosmetics Act, 1940 , (‘D&C Act’) which is punishable under Section 37(d) of the Act, alleging that the directors of the drug company (Sunrise International Labs Ltd.), are not manufacturing standard quality ‘Carbimazole’ tablets, G. Jayachandran, J. has held that the contention of the petitioners that they are not directly involved in the product of the drugs, when the decision to production of the drugs, itself is the outcome of their decision, is wholly unsustainable, and if the said preposition is accepted it will go against the object and reasons of the legislations namely Drugs and Cosmetics Act. Further, applying the interpretation of Section 141 of Negotiable Instruments Act, 1881 (‘NI Act’) to the other Acts, ignoring the nature of the offence charged will lead to miscarriage of justice. Read more
[Vikas Rambal v. State of Madras, 2022 SCC OnLine Mad 4822]
Madras High Court initiates suo motu writ petition to examine the mitigating circumstances resulting in commission of suicide inside the Court premises
In the suicide case inside the premises of the Madras High Court, S.M. /Subramaniam, J. has observed that the Court must look into the facts and mitigating circumstances resulted in commission of suicide by the deceased in view of the non-issuance of community certificate to his son, as such an attempt of suicide cannot be kept unnoticed as it would result in serious repercussions
The members of the Madras High Court Bar Association have submitted before the Court for initiation of appropriate action against the attempt to commit suicide by the deceased inside the premises of the Court. Read more
[Velmurugan In re, 2022 SCC OnLine Mad 4855]
Madras High Court| Citizenship Amendment Act applicable to Sri Lankan Hindu Tamils
A writ petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus and for directing the respondent to forward petitioner’s application to the State to obtain citizenship, Swaminathan, J. said that the Citizenship Amendment Act, 2019 has included persecuted minorities from Pakistan, Bangladesh and Afghanistan, and it does not mention the citizens from Sri Lanka, however, the same principle must be applied to other migrants who are genealogically rooted in the soil, speak the same language and share the same culture. Read more
[Abirami S. v. Union of India, 2022 SCC OnLine Mad 4967]
Madras High Court| Transgender persons seeking admissions to be placed in special category; Minimal number of Transgender persons in State not a valid excuse
In a writ petition filed for calling the records of the prospectus issued for the Post Basic (Nursing) Course and Post Basic Diploma in Psychiatry Nursing Course for the academic year 2022-2023, and to quash the same as illegal for not categorising transgenders under special category, and further to direct the respondent to admit the petitioner in the said Course under special category as transgender, R. Suresh Kumar, J. has directed the respondent to treat the petitioner as the third gender/transgender and accordingly, place her in a special category for the purpose of admission to the said course for which the merit list has been issued. Read more
[S. Tamilselvi v. Secretary to Government, 2022 SCC OnLine Mad 4879]
Madras High Court | Courts will not interfere or set aside an arbitral award, merely because an alternative view is possible; Adopt a hands-off approach
In an intra-Court appeal filed against the order of the single judge, whereby, the judge allowed the original petition filed by the respondents under Section 34 of the Arbitration and Conciliation Act, 1996 (‘the Act’) and set aside the award, passed by the Arbitral Tribunal in favour of the appellant, which was in the nature of specific performance of the contract being the sale of plots and instead, awarded a sum of Rs. 50,00,000/- to the appellant, Paresh Upadhyay and D. Bharatha Chakravarthy, JJ setting aside the order of the single judge, held that the single judge was not right in modifying the award and ordering a sum of Rs. 50,00,000/- to the appellant, as the same was beyond the scope of powers under Section 34 of the Act, 1996 . Further, ground as to the nature of agreement, taken into account by the single judge, is firstly not taken by the parties before the Arbitrators or before the single judge; and secondly, even if taken, cannot be a possible ground for interference under Section 34 of the Act, 1996 in the facts of the present case. Read more
[Macro Marvel Projects Ltd. v. J. Vengatesh, 2022 SCC OnLine Mad 4702]
Madras High Court | Materials must be placed before the Court in order to extend the period of remand
In a criminal appeal filed challenging the extension of the remand period from 90 days to 180 days and for grant of bail to the appellants, P.N. Prakash and RMT Teekaa Raman, JJ. held that for extending the period of remand, materials must be placed before the court to show the progress of the investigation and reasons for the remand or extension of remand; and it was reiterated that the ‘indefeasible right’ of the accused to be released on bail is a right which is enforceable by the accused only from the time of default till the filing of the challan and it does not survive or remain enforceable on the challan being filed. Read more
[T. Keeniston Fernando v. State of Madras, 2022 SCC OnLine Mad 4771]
Madhya Pradesh High Court
“He was kind enough to leave the prosecutrix alive”: Madhya Pradesh High Court observes while reducing rape convict’s sentence
The Division Bench comprising of Subodh Abhyankar* and Satyendra Kumar Singh, JJ., reduces life imprisonment awarded to a rape convict into 20 years rigorous imprisonment considering the fact that the convict was kind enough to leave the victim alive, the victim in this case was a minor, a 4-year-old girl. Read more
[Ramu v. State of M.P., 2022 SCC OnLine MP 3020]
Manipur High Court
MSPDCL held accountable for safety negligence; Manipur High Court awards compensation to the electrocution accident victims
In a writ petition filed challenging the compensation awarded by the Lower Court, the division bench of Sanjay Kumar, C.J. and M.V. Muralidaran, J. has set aside the order, and held that Manipur State Power Distribution Corporation Limited (‘MSPDCL’), was involved in distribution of potentially dangerous and hazardous commodity, and it is incumbent upon them to abide by all prescribed statutory norms of safety. Read more
[State of Manipur v. Baby Tinchonghoi Mate, 2022 SCC OnLine Mani 440]
Meghalaya High Court
Meghalaya High Court| Penetration has to be medically established and doesn’t have to be deep or complete to be considered penetration under the POCSO Act
In a criminal appeal filed by the convict/appellant, convicted under Section 5(m) of the Protection of Children from Sexual Offences Act, 2012 (‘POCSO’) and sentenced to 15 years of rigorous imprisonment and a fine of Rs. 10,000/ , the division bench of Sanjib Banerjee, C.J., and W. Diengdoh J., has held that the lower Court was justified in arriving at the conclusion that it was established beyond reasonable doubt that the petitioner had sexually assaulted the minor survivor. Further, the appeal had no merit and no cause for interference with either the judgment of conviction or the consequent sentence that was awarded. Read more
[Swill Lhuid v. State of Meghalaya, 2022 SCC OnLine Megh 557]
Threatening Judges with Contempt Pleas is unacceptable; Madhya Pradesh High Court warned litigants to desist from such adventurism
While criticising most reprehensible practice used by litigants of bringing every wrong order that is passed by the Trial Courts under the petition for contempt, a Division Bench comprising of Ravi Malimath*, CJ and Vishal Mishra, J., strongly pulled up litigants for making reckless allegations against trial judges and warned them to desist from such ‘adventurism’. Read more
[Majid Beg v. Tej Pratap Singh, 2022 SCC OnLine MP 2811]
Patna High Court
Patna High Court| Lives of citizens is risked by the failure of State machinery on failure to implement Liquor ban Requests CJ to take cognizance of the issue in larger public interest
In a case relating to rising trend of manufacturing and smuggling of liquor in the dry State, Purnendu Singh, J. has observed that the State authorities have failed to implement complete prohibition of liquor in the State of Bihar affecting the health, life and liberty of the people at large. Read more
[Niraj Singh v. State of Bihar, 2022 SCC OnLine Pat 3473]
Patna High Court held seats reserved for OBC/EBC for municipal body election illegal; Directed State Election Commission to re-notify seats reserved for OBC treating them as general seats
In a case relating to the reservation to the backward class category for the post of Councillors in Municipalities, the division bench of Sanjay Karol, CJ. and S. Kumar, J. has held that the reservation of seats for Other Backward Classes (OBC) and Extremely Backward Classes (EBC) in urban local body elections was illegal and directed the State Election Commission to re-notify seats reserved for the OBC in the local polls as general category. In this case, the petitioner wanted the elections to the Municipal Body, to be conducted without providing reservation to the Backward Class Category, for it be in breach of the three-fold test and in the absence of reservation, the seats would be left open for General Category. However, pending adjudication the Election Commission issued a notification fixing the schedule for elections in October, 2022, while the posts of Deputy Chief Councillor of Municipalities are reserved for specified categories. Read more
[Sunil Kumar v. State of Bihar, 2022 SCC OnLine Pat 3005]
Patna High Court directs State to ensure guidelines adopted by the State in relation to housing the members of the transgender community in jails must be implemented in letter and spirit
In a writ petition concerning the transgender community, the division bench of Sanjay Karol, CJ. and S. Kumar, J. has observed that certain measures have been taken in watching and protecting the interest of the transgender community, who are in conflict with the law, and a separate cell in the jails is earmarked for lodging the inmates hailing from such a community. Further, directed certain instructions to the State. Read more
[LAW Foundation v. State of Bihar, 2022 SCC OnLine Pat 2371]
Punjab and Haryana High Court
“Disruption of investigation should not constitute the stifling of investigation”; Punjab and Haryana High Court quashes investigation again Kumar Vishwas
While deciding the instant petition against the FIR wherein allegations of violation of several penal offences were made against the petitioner, Anoop Chitkara, J., quashed the FIR and subsequent criminal proceedings saying that the disruption of the investigation should not constitute the stifling of investigation. Read more
[Kumar Vishwas v. State of Punjab, 2022 SCC OnLine P&H 2637]
Punjab and Haryana High Court reiterates marriage is irretrievably break down if parties are living separately for many years
In an appeal filed by the appellant/husband seeking the dissolution of marriage on the ground of cruelty and desertion, and setting aside the impugned order of lower Court, whereby, his petition under Section 13 of the Hindu Marriage Act, 1955 (‘HMA’), seeking dissolution of his marriage with the respondent has been dismissed the division bench of Nidhi Gupta and Ritu Bahri, JJ. in order to do complete justice and to put an end to the agony of parties, set aside the impugned order of the lower Court, and dissolved the marriage solemnized between the parties by a decree of divorce. Further, it granted the wife permanent alimony of a sum of Rs. 18,00,000/- as full and final settlement. Read more
[Ratandeep Singh Ahuja v. Harpreet Kaur]
Statement of rape victim cannot be treated as gospel truth to convict an accused; Punjab & Haryana High Court upholds order of acquittal by trial court
While dismissing the instant appeal preferred by the appellant against the order dated 01-05-2019 of the trial court whereby the rape accused was acquitted on the ground that prosecution has failed to prove the guilt of accused beyond reasonable doubt, G.S. Sandhawalia and Jagmohan Bansal, JJ., said that if the statement of rape victim is held to be gospel truth and Courts are bound to hold someone guilty just because there is allegation by the victim , it would be travesty of justice and there would be no need to conduct trial. Read more
[Reena Devi v. State of Haryana, 2022 SCC OnLine P&H 2591]
[Jindal Gang Rape Case] Punjab and Haryana High Court upholds 20 years’ RI for two students ; acquits one giving benefit of doubt
While deciding the present appeal preferred by the accused of the Jindal gang rape case, Tejinder Singh Dhindsa and Pankaj Jain, JJ., upheld the conviction of 20 years rigorous imprisonment to 2 former students of Jindal Global Law School and acquitted the third giving him benefit of doubt.Read more
[Karan v. State of Haryana, 2022 SCC OnLine P&H 2540]
Courts equally responsible to provide proper legal protection to minor rape victims; Punjab and Haryana High Court upholds life imprisonment of accused for minor’s rape and murder
While dismissing the present appeal preferred by the appellant against judgment dated 09-08-2012 and the order dated 13-08-2012 of the trial court whereby the present appellant was held guilty of kidnapping, raping and murdering a nine-year-old girl and was sentenced rigorous imprisonment for life, Sureshwar Thakur and N.S. Shekhawat, JJ., upheld the order and said that the child rape cases are the cases of worst form of lust for sex, where children of tender age are not even spared in the pursuit of sexual pleasure. Read more
[Manoj Kumar v. State]
Father ravished his own daughter in the most “inhumane manner”; Punjab and Haryana High Court upholds father’s conviction for committing rape on daughter
While deciding the instant appeal, where the father was accused of raping and committing sexual assault on his minor daughter and the appellant challenging the impugned judgment passed by the Additional Sessions Judge, Sureshwar Thakur and N.S. Shekhawat, JJ., upheld the judgment saying that the testimony of the victim was worthy of credence. Read more
[Roop Lal v. State of Punjab, 2022 SCC OnLine P&H 2511]
Rajasthan High Court
ELISA IV Test kits be used uniformly in all blood banks; Rajasthan High Court directs State to ensure proper manpower across all blood banks
In relation to a petition filed raising certain issues along with an expert committee report submitted on 11-11-2021 bringing into light issues pertaining to shortage of manpower in all blood banks across the State of Rajasthan and thus, the sensitive equipment is not being put to proper use, a Division Bench of Kuldeep Mathur and Sandeep Mehta, JJ. directed Medical and Health Department, Government of Rajasthan to ensure that proper medical and technical staff wherever required is selected and appointed in the blood banks across the State of Rajasthan at the earliest and as far as possible within the next six months. Read more
[Rituraj Singh Rathore v. Principal Secretary, 2022 SCC OnLine Raj 1678]
Rajasthan High Court directs State to consider compassionate appointment for son born from second wife of the deceased
In a case filed by the second wife (petitioner 1) of deceased who was a class IV employee in the respondent-department, challenging rejection order, rejecting his son (petitioner 2) for compassionate appointment, Kuldeep Mathur, J., held that consideration under Rajasthan Compassionate Appointment of Dependents of Deceased Government Servants Rules, 1996 for compassionate appointment cannot be denied to petitioner 2, on the ground of his being son of the second wife of the deceased employee. Read more
[Chandra Devi v. State of Rajasthan, 2022 SCC OnLine Raj 1822]
“Foreign nationals will carry impression regarding conditions of detention centers after being deported”; Rajasthan High Court directs State to ensure proper maintenance
In a case arising from a habeas corpus petition which stands disposed of vide order dated 28-03-2022 but the matter was kept pending for receiving the report regarding the requisite steps to be taken for upkeep and maintenance of the Retention Center, Alwar, a Division Bench of Sandeep Mehta J and Farjand Ali JJ., directed Secretary, Department of Home, Government of Rajasthan to ensure that all required logistics and repairs, etc. of the Detention Centre are catered to immediately. Read more
[Adam Godwin v. UOI]
Tripura High Court
Tripura High Court| Pay scales of Tripura Jute Mills workers and employees to be brought. on a par with their counterparts in 32 PSU’s /Statutory bodies
In appeals directed against the judgment passed by the Single Judge in a batch of writ petitions, the Division Indrajit Mahanty, CJ. and S.G. Chattopadhyay, J upheld the decision to revise the pay scales of the members of the respondent’s union, including employees of Tripura Jute Mills Ltd. on a par with their counterparts in 32 public sector undertakings/Statutory bodies/Govt. undertakings etc. entitling them to the revised pay scales w.e.f. 01.01.1996 and other allowances such as house rent allowance, career advancement scheme, compensatory allowance, dearness allowance etc. Read more
[State of Tripura v. Dr Parimal Kanti Chakraborty, 2022 SCC OnLine Tri 634]
Telangana High Court
Telangana High Court | No basis for Look Out Circular to continue once the chargesheet is filed and notice is issued under S. 41 of CrPC
While allowing the instant petition preferred by the petitioner against the Look Out Circular (‘LOC’) issued by the police in a domestic violence case registered against the petitioner, Lalitha Kanneganti, J., held that there is no basis for LOC after a notice has been issued under Section 41 of the Criminal Procedure Code, 1973 and when the chargesheet has already been filed.
On 30-03-2022, the complaint was registered under Sections 498-A, 323 and 506 of Penal Code, 1860 and Sections 3 and 4 of Dowry Prohibition Act, 1961 . The petitioner, aggrieved by the issue of LOC, contends that it is in violation of his fundamental rights, and it is also illegal.Read more
[Goli Sai Koti Vali Prabhu v. The State of Telangana, 2022 SCC OnLine TS 1978]
Telangana High Court grants extension to the defaulter under One Time Settlement Scheme
While exercising its powers under Article 226 in case relating to delay in payment under One Time Settlement (‘OTS’) Scheme, K. Lakshman, J., grants extension of time to repay the Bank as there was only a day’s delay in making the payment, hence the OTS Scheme will not be cancelled. Read more
[Md. Afroz Baig v. State Bank of India, 2022 SCC OnLine TS 1804]
Uttaranchal High Court
Uttaranchal High Court| Appointee cannot claim right to continue to the next phase of the project when appointment was purely on temporary and co-terminus basis
A Division Bench of Vipin Sanghi, C.J. and Ramesh Chandra Khulbe, J. dismissed a petition wherein the petitioner had argued that National Geotechnical Facility (hereinafter “NGF”) issued the advertisement for the permanent post of Scientist ‘B’ for Project-NFG Phase-I and hence, he had the right to continue in the Phase-II project as Scientist ‘B’. The Court held that as the petitioner was appointed purely on temporary and co-terminus basis for Phase-I project, his termination from the said post cannot be held to be illegal. Read more
[Dr. Ruchika Tandon v. Union of India, 2022 SCC OnLine Utt 1274]
Husband gravely undermined the institution of marriage by fraudulently getting divorce; Uttaranchal High Court imposes fine of Rs. 1 Lakh
While dismissing the instant appeal against the order dated 25-08-2022 passed by Family Court whereby the wife’s application was allowed to set aside the ex-parte divorce decree obtained by the appellant, Vipin Sanghi, CJ and Ramesh Chandra Khulbe, J., said that if the husband had to obtain divorce, he should have fairly and squarely separated from his wife before filing the divorce petition, and he should not have been living with her. Read more
[Mahendra Prasad Dwivedi v. Lajji Devi, 2022 SCC OnLine Utt 1241]
*Apoorva Goel, Editorial Assistant has put this roundup together.
