[High Court Monthly Round Up] | December 2022 | 100 + Legal Stories including U.P ULB elections; PIL against Koffee with Karan; Bail to journalist Siddique Kappan; Right to be forgotten; Sexual harassment at workplace; Trade mark infringement cases and more

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2 years ago

Allahabad High Court

Allahabad High Court| No illegality in taking written statement of witness under Section 161 CrPC when reduced into writing in presence of witnesses as well as I.O.

In an application under Section 482 filed for quashing cognizance order in criminal case for offences under Sections 504 and 506 of the Penal Code, 1860, as well as summoning order, wherein the Sessions Judge, has dismissed criminal revision., Saurabh Shyam Shamshery, J. said that the investigating officer (‘I.O.’) has taken sufficient precautions to ensure it to be a written statement of witnesses only, and held that, there is no illegality in taking a written statement of a witness under Section 161 CrPC, when it was reduced into recording in the case diary, in the presence of witnesses as well as I.O. Read more

[Faisal Ashraf v. State of UP]

Allahabad High Court grants bail to journalist Siddique Kappan in PMLA case

In a bail application plea filed by Siddique Kappan under Section 45 of the Prevention of Money Laundering Act, 2002 (‘PMLA’) read with Section 439 of Code of Criminal Procedure, 1973 (‘CrPC’), seeking bail in a case filed under Section 3 or 4 of the PMLA, Dinesh Kumar Singh, J. after considering the facts, coupled with the contention regarding twin conditions under Section 45 PMLA , and that there is no likelihood of Siddique Kappan to commit the same offence in future, and the fact that he has already been in prison from 05-10-2020 till he was enlarged on bail by the Supreme Court, and thereafter he is in custody of the Enforcement Directorate, held that Siddique Kappan is entitled to be released on bail. Read more

[Siddique Kappan v. Directorate of Enforcement]

Mere disagreement with decision-making process of tender authority not a reason for a Constitutional Court to interfere; Allahabad High Court allows State to go ahead with tendering process as per law

In a writ petition filed for quashing the order uploaded on the website of the Department of Animal husbandry (‘Department’), the division bench of Attau Rahman Masoodi and Om Prakash Shukla*, JJ. said that a mere disagreement with the decision-making process of the tender authority is not a reason for a Constitutional Court to interfere with the same. However, it cautioned the authorities to guide the timely approaching eligible bidders, fallen in confusion, to promote the object of healthy competition. Read more

[Ziqitza Health Care Ltd v State Of U.P, 2022 SCC OnLine All 866]

No reservation for OBC should be provided in Urban Local Body elections; Allahabad High Court directs State to notify elections immediately and to include women quota

In 78 writ petitions and 15 public interest litigations filed against a notification dated 05-12-2022 issued by the State Government regarding the reservations of seats/offices of the Chairpersons of different Municipal Bodies to be reserved for the Scheduled Castes (‘SC’), the Scheduled Tribes (‘ST’), backward classes and women, the division bench of Devendra Kumar Upadhyaya* and Saurabh Lavania, JJ. quashed the said notification, and the Government order dated 12-12-2022 and directed that until the triple test is completed in all respects by the State Government, no reservation for other backward class of citizens shall be provided in Urban Local Body elections. Further, it directed the State Government/State Election Commission to notify the elections immediately and said that while notifying the elections, the seats of Chairpersons, except those to be reserved for SC and ST, shall be notified as for general/open category. Read more

[Vaibhav Pandey v. State of UP]

Allahabad High Court imposes fine of Rs. 25,000 along with simple imprisonment of one week to Deputy commissioner of Income tax for Contempt of Court

In a contempt application under Section 12 of the Contempt of Courts Act, 1971 has been filed alleging willful and deliberate disobedience of judgment passed by a division bench of this Court, the bench of Irshad Ali, J. said that the action of the respondent is not only contemptuous but is also malicious. He took care of the money of the applicant despite the clear direction of this Court and there is no justifiable reason for the said action, and it was his purposeful act to harass the applicant despite the order of the writ Court. Unnecessarily mens rea is not required to be proved in a case of contempt, but in the present case the violation is willful, deliberate and coupled with intention and motive to harass the applicant. Read more

[Prashant Chandra v. Harish Gidwani Deputy Commissioner of Income Tax]

Allahabad High Court grants interim anticipatory bail to former Union Minister Swami Chinmayanand in a rape case

In an anticipatory bail application plea filed by former Union Minister for Home Affairs and spiritual personality Swami Chinmayanand, seeking anticipatory bail for offences under Sections 376, 506 of Penal Code, 1860, the bench of Samit Gopal, J said that the matter requires consideration, and till the next date of listing, Swami Chinmayanand shall be released on interim anticipatory bail on furnishing a personal bond of Rs. 1,00,000/- with two sureties, subject to certain conditions. Read more

[Swami Chinmayanand v. State of UP]

Courts should urge the police to investigate in sexual offences against women; Allahabad High Court reiterates

In a petition filed under Article 227 of the Constitution against the legality of the order by the Additional Sessions Judge affirming the order of the Chief Judicial Magistrate (‘CJM’) rejecting petitioner’s application under Section 156 of the Code of Criminal Procedure Code, (‘CrPC’), declining to lodge any First Information Report (‘FIR’), Rahul Chaturvedi, J. has quashed the impugned orders and remanded the matter back to the CJM. Read more

[X v State of UP]

Allahabad High Court reiterates law on interdicting unconditional bank guarantee; Sets aside interim injunction order passed by Commercial Court

In an appeal filed under Section 37 of the Arbitration and Conciliation Act, 1996 by the Uttar Pradesh Expressways Industrial Development Authority (‘UPEIDA’) against an ad interim injunction order passed by the Commercial Court, directing the parties to maintain ‘status quo” with respect to the Performance Bank Guarantee(‘PBG’), furnished by the respondent contractor, the division bench of Attau Rahman Masoodi and Om Prakash Shukla, JJ. said that the law on interdicting an unconditional bank guarantee is settled, however the impugned order has been passed dehors to this settled position, thus, it is unsustainable in the eyes of law. Read more

[U.P. Expressways Industrial Development Authority v. Sahakar Global Ltd]

MoEA notification that even during the pendency of criminal case, passport could be issued/renewed; Allahabad High Court reiterates

In a writ petition filed for the issuance of a writ of mandamus directing the respondent to issue a passport in favor of the petitioner, the division bench of Siddhartha Varma* and Ajit Singh, JJ. issued the following directions:

The passport form of the petitioner for the issuance of a passport be considered within a period of two weeks from the date of presentation of a certified copy of this order before the Regional Passport Officer.
The Director General of Police must instruct his officers to give a report regarding the pendency of reports in non-cognizable cases after appropriate and proper application of mind.
Passport applications should not be rejected under section 6(2)(f) of the Passports Act, if orders of the Court, where the criminal case is pending, have been passed as per the Government order dated 25-8-1993. Read more

[Basoo Yadav v. Union of India, 2022 SCC OnLine All 849]

[Pilibhit encounter 1991] Allahabad High Court commutes life sentence of 43 police personnel to seven years’ rigorous imprisonment

In an appeal filed by 43 convicts\appellants against the judgment of Special Judge, convicted and sentenced for the offences 120-B, 302, 364, 365, 218, 117 of the Penal Code (‘IPC’), 1860, division bench of Ramesh Sinha and Saroj Yadav, JJ. set aside the said order of conviction for offences under Sections 302, 120-B, 364, 365, 218, 117 IPC. However, convicted the appellants under Section 304 Part I of (‘IPC’) and sentence them to seven years’ rigorous imprisonment along with fine of Rs. 10,000. Read more

[Devendra Pandey v. State of UP]

Allahabad High Court denies bail to two members of Popular Front of India accused of planning an attack on different Hindu Religious Organisation

In a criminal appeal filed by two members of Popular Front India (‘PFI’) (appellants-accused) under Section 21 of the National Investigation Act, 2008 against the order passed by Trial Court on the ground that the said order is illegal, unjust and improper, the division bench of Ramesh Sinha and Renu Agarwal, JJ. said that no satisfactory explanation has been given by the appellants about the seized objectionable articles including explosive substances recovered from them, thus, their involvement could not be ruled out. Further looking into their criminal antecedents and the fact that the trial is in progress, the Court refused to grant them bail. Read more

[Ansad Badruddin v State of UP]

Allahabad High Court denies bail to two members of Popular Front of India accused of planning an attack on different Hindu Religious Organisation

[Ansad Badruddin v State of UP, 2022 SCC OnLine All 843]

Allahabad High Court holds revision order defective for admitting without condoning the delay

In a miscellaneous application filed against the order passed by the District Judge in a defective revision, being barred by time, Ajit Kumar, J. directed the appearance of the District Judge along with the original record of the case stating that the order sheet reflects that the District Judge is in the habit of committing impropriety in discharge of his judicial function. Read more

[Asheem Kumar Das v. Manish Viswas]

[Levana Suites Fire Case] Knowledge of an accused that his act would likely cause death is necessary to attract S. 304, IPC; Allahabad High Court grants bail in absence thereof

In an application filed under Section 439, Criminal Procedure Code seeking bail in FIR No. 317 of 2022, registered under Sections 304, 308, 420, 465, and 471 IPC, Police Station Hazratganj, District Lucknow in respect of an unfortunate incident at Hotel Levana Suites, Lucknow on 5-9-2022 at around 7 AM., Dinesh Kumar Singh, J., granted bail as the charge under Sections 304 and 308 IPC may not sustain in a trial and while there may have been some infraction of regulatory requirements to run a hotel, but that would not amount to the accused-applicants having been negligent or that they failed to take due care of their guests or that they had knowledge of fire accident, which would result in death/injuries to the guests staying in the hotel. Read more

[Rahul Agarwal v. State of UP, 2022 SCC OnLine All 814]

Allahabad High Court stays criminal proceedings against Delhi’s CM Arvind Kejriwal as SLP is pending in Supreme Court

In an application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) filed by Delhi’s Chief Minister Arvind Kejriwal, againstthe order passed by special judge for offences under Sections 143, 186, 188, 341, 353 and 171-G of the Penal Code, 1860, Dinesh Kumar Singh, J. passed an interim order and stayed the criminal proceedings. Read more

[Arvind Kejriwal v. State of UP, 2022 SCC OnLine All 838]

Allahabad HC restraints State Election Commission from declaring the results of Urban Local Body Elections till Dec 20

Devendra Kumar Upadhyaya and Saurabh Srivastava, JJ has, in a Public Interest Litigation (PIL) against the quota fixing in the Urban Local Body Elections, restrained the State Election Commission from declaring the results of urban local body elections till 20.12.2022. Read more

[Vaibhav Pandey v. State of UP, 2022 SCC OnLine All 842]

Andhra Pradesh High Court

Andhra Pradesh High Court explains scope of the residuary provision provided under Article 113 of the Limitation Act

While dealing with the revision petition under Article 227 of the Constitution of India, the bench of B.S. Bhanumathi, J., held that the suit was barred by limitation and accordingly rejected it. The petition was preferred against the order passed in 2017 by the Additional Senior Civil Judge, Kadapa, whereby, the defendant had prayed to reject the plaint under Order VII Rule 11(d) of Code of Civil Procedure, 1908 which was dismissed. Read more

[Sanapureddy Madhava Reddy v. Pallemaneni alias Palleneni Venkata Raja]

Andhra Pradesh High Court acquits a man accused of culpable homicide not amounting to murder; set aside conviction order of Session Court

While dealing with the criminal appeal against the order of the Principal Sessions Judge, Kurnool, under section 302 of the Penal Code, 1860 (‘IPC’) which convicted the accused under section 304, Part I of the IPC, sentencing him to 3 years of imprisonment, the bench of A.V. Ravindra Babu, J., set aside the order stating that the prosecution had miserably failed to prove the accused had committed culpable homicide not amounting to murder. Read more

[Boya Badannagari Laxmanna, Siddanagattu (V) Kurnool v. State, 2022 SCC OnLine AP 2885]

Bombay High Court

Prosecutrix statement has been totally disbelieved in grave and serious offence under S 376 IPC by non-adherence to basic principles of investigation ; Bombay High Court directs for transferring case to Senior Officer

In a petition filed seeking transfer of investigation of the crime registered under under Sections 376 , 376(2)(N) , 376(D) , 504 and 506 of Penal Code, 1860 (IPC), a Division Bench of A S Gadkari and Prakash D Naik, JJ., directed the Director General of Police, Maharashtra State to personally peruse the record of the investigation and transfer the investigation of the present crime to a Senior Officer of IPS Cadre to further investigate the present crime. Read more

[ABC v. Senior Inspector of Police]

Bombay HC raps Maharashtra Government for non-implementation of Mental Health Act, 2017 in the State

In a PIL highlighting serious issues of the non-implementation of the Mental Healthcare Act, 2017, in the State of Maharashtra, the Division Bench of Nitin Jamdar and Gauri Godse, JJ., came down heavily on the State government for non-functioning of the State Mental Health Authority under section 45 of the Mental Health Act, 2017. The Court expressed,

“It is not clarified as to why Government Resolution has been issued on 15 December 2022 for appointment of Chief Executive Officer of the State Mental Healthcare Authority, if the Authority was already established. If it was only a change of Chief Executive Officer, the Government Resolution would have been in a different manner.” Read more

[Harish Shetty v. State of Maharashtra]

Whether electro-magnetic radiation from a mobile tower would cause irreparable harm to children with disabilities? Bombay HC answers in negative

The Division Bench of M. S. Sonak and Bharat P. Deshpande, JJ., quashed the impugned order of the State Commissioner, For Persons with disability directing the Indus Towers Ltd. to relocate its mobile tower holding it dangerous for children with disabilities. The Court held,

“We are mindful of the health issues of special children studying in the school run by the complainant and their need to have special care and protection. However, we cannot ignore the rights of the petitioner to install such mobile tower by complying with all the rules and regulations.” Read more

[Indus Towers Ltd. v. State of Goa, 2022 SCC OnLine Bom 6863]

[Mangrove Deforestation] Bombay HC allows felling of about 22,000 mangrove trees for Mumbai-Ahmedabad bullet train project

In a matter relating to India’s first bullet train project, which has received criticism from environmental activists for proposing to cut about 22,000 mangrove trees, the Division Bench of Dipankar Datta, CJ and Abhay Ahuja, J. allowed the National High-Speed Rail Corpn. to go ahead with the project. The Court held,

“The project will not only cover the distance of 508.17 kms within a period of two and a half hours, instead of presently six and a half hours, and be a convenio par excellence for the rail passengers of the two cities and the two States, increasing connectivity between the busy trade corridor of Ahmedabad and Mumbai which will increase the economic productivity, running on electricity not only saving valuable cost on conventional fuel but also generating employment of about twenty thousand people in the construction phase and with an approximate of four thousand people during the operations and maintenance and about sixteen thousand indirect jobs expected to be generated during the Operations and Maintenance phase.” Read more

[National High-Speed Rail Corpn. Ltd. v. State of Maharashtra, 2022 SCC OnLine Bom 6701]

Bombay High Court grants interim injunction against Mumbai Khadi and Village Industries Association for allegedly using device mark/logo ‘KHADI’

In a case filed by the plaintiff, Khadi and Village Industries Commission, a statutory commission pertaining to the trademark ‘KHADI’, which includes word mark, device mark and label mark, seeking an interim injunction against Mumbai Khadi and Village Industries Association, Manish Pitale, J., granted interim injunction in favour of the plaintiffs. Read more

[Khadi Village Industries Commision v. Board of Trustees, Mumbai Khadi and Village Industries Association]

Bombay High Court | Interim maintenance cannot be denied based on qualifications of wife

While setting aside the order passed by Family Court, the bench of Sandeep V. Marne, J., held that mere possession of qualifications by wife who is admittedly not employed, cannot ipso facto be a reason to deny interim maintenance. Read more

[Aboli alias Yugandhara v. Tejpal, 2022 SCC OnLine Bom 6071]

Bombay High Court grants bail to a woman accused of throwing her newborn child from the top of the building

In an application filed seeking bail against FIR registered for the offense punishable under sections 317, 302, 201 of Penal Code, 1860, M.S. Karnik J., granted bail to the petitioner on furnishing P.R. bond in the sum of Rs 10,000/- with one or more sureties of the like amount.

The applicant is working as a housemaid and has been in custody for more than 2 years and 1 month. after throwing her newborn baby from the top of the building. It was alleged that the applicant threw her newborn baby from the top of the building as she was upset with her husband for having illicit relations with another woman. Read more

[Dimple Sunil Warthe v. State of Maharashtra, 2022 SCC OnLine Bom 6398]

Bombay High Court issues directions to State highlighting the non-implementation of the Mental Healthcare Act, 2017 in the State of Maharashtra

In a PIL filed highlighting serious issues of the non-implementation of the Mental Healthcare Act, 2017, in the State of Maharashtra, a Division Bench of Nitin Jamdar and Gauri Godse, JJ., issued directions to the Authority and the State, highlighting the gravity of the duties imposed upon the State and relevant authority under the Mental Healthcare Act, 2017. Read more

[Dr Harish Shetty v. State of Maharashtra, 2022 SCC OnLine Bom 6622]

[NOXGUARD v. NONS] Bombay HC denies interim relief to Canadian pharmaceutical company in a confidentiality agreement breach suit

While addressing a case relating to confidentiality agreement breach, the Division Bench of Arif S. Doctor and K. R. Shriram, JJ., denied interim relief to a Canadian pharmaceutical company. The Bench held that the appellant was unable to establish its case for interim relief and the case deserved to go to the trial for proper evidentiary analysis. Read more

[SaNOtize Research and Development Corp. v. Lupin Limited, 2022 SCC OnLine Bom 6596]

Bombay High Court temporarily injuncts Griffon Biometrix Pvt Ltd. from using the word GRIFF or GRIFFON; Usage of the same amounts to infringement and passing off

In a suit filed by the plaintiff seeking interim relief in connection with its registered trademark Griffon Laboratories Private Limited alleging infringement and passing off, Manish Pitale, J., temporarily restrained the defendants from using in any manner the trademark and/or the word GRIFFON and/or GRIFF or any mark deceptively like the trademarks or trade names GRIFFON Laboratories Pvt. Ltd. Read more

[Laboratories Griffon Private Limited v. Griffon Biometrix Private Limited, 2022 SCC OnLine Bom 6613]

Can a wife claim maintenance under S. 125, CrPC after obtaining a maintenance order in her favour under DV Act? Bombay HC answers

In a case where simultaneous maintenance claims were under different enactments, S.G. Mehare, J., held that mere obtaining of a maintenance order under the Protection of Women from Domestic Violence Act, 2005 (DV Act), will not disentitle the wife from seeking maintenance under Section 125, CrPC. Read more

[Bhagyashree v. Purshottam, 2022 SCC OnLine Bom 6583]

‘Sentencing policy’s twin objective is deterrence and correction’; Bombay High Court reduces POCSO convict’s sentence in a 7-year-old’s sexual assault case

In a case filed challenging the judgment and order of conviction passed by the Special Judge, by which the appellant/ accused was held guilty for the offense punishable under Sections 376(2)(i) of the Penal Code, 1860 (IPC) and Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) wherein the Trial Court has sentenced the appellant/accused of the offense punishable under Section 376(2)(i) of IPC to suffer imprisonment for life, which shall mean imprisonment for the remainder of his natural life along with fine of Rs. 25,000/- with the stipulation of default, a Division Bench of Vinay Joshi and Vrushali V Joshi, JJ., reduced the sentence and directed to suffer rigorous imprisonment for a term of 14 years with fine and default clause, as ordered by the trial Court. Read more

[Pradip v. State of Maharashtra, 2022 SCC OnLine Bom 6502]

Bombay High Court grants guardianship to biological parents of a child born out of their illegitimate relationship

In a petition filed under the provisions of the Guardians and Wards Act, 1890 seeking them i.e. petitioner 1 and 2 to be appointed as the guardian of the minor child as they are the biological parents of the child but while she was born petitioner 2 was married to the respondent as the couple is Muslim, the personal law of Muslims bars such legitimacy being provided to the child, Manish Pitale J., allowed the prayer in the present petition keeping the interest of the minor child as the paramount consideration. Read more

[Sudeep Suhas Kulkarni v. Abbas Bahadur Dhanani, 2022 SCC OnLine Bom 6717]

Bombay High Court issues show cause notice to Deputy Commissioner, Solid Waste Management Department and advocate seeking designated place within High Court to feed stray dogs

In a PIL filed by an advocate, Ms. Ankita Kamlesh Shah requesting the Registrar (Administration) to suggest one of the places situated in the premises of the High Court for being designated as a feeding spot for dogs inside the premises of the High Court, a Division Bench of Sunil B. Shukre and M.W. Chandwani JJ., directed to issue a show cause notice to the advocate and Dr. Gajendra Mahalle, Deputy Commissioner, Solid Waste Management Department, Municipal Corporation, Nagpur seeking an explaination as to why contempt proceedings be not initiated against them for attempting to interfere with the administration of justice by this Court because if such an effort is allowed to go on, a possibility of mischief mongers playing havoc and seeking the same prayer with High Security Areas such as Vidhan Bhavan, Airport, Air Force establishment, Military establishment, Railway Station, District Court, Atomic Mineral Division establishment etc.cannot be ruled out. Read more

[Vijay S/o Shankarrao Talewar v. State of Maharashtra]

Bombay HC imposes costs of Rs 5,000 on law firm for revealing identity of rape victim

In a case where the law firm representing a rape victim had disclosed her name in the petition, the Division Bench of Revati Mohite Dere and Prithviraj K. Chavan, JJ., came down heavily on the firm and directed it to deposit costs of Rs. 5,000. Read more

[x v. y]

Calcutta High Court

Does Civil Court have jurisdiction to determine title of shares issued ‘fraudulently’? Calcutta High Court examines

Krishna Rao, J., held that under Companies Act, 2013, Civil Courts have jurisdiction to enquire into allegations of fraud pertaining to the title of issued shares, but they would not have jurisdiction to adjudicate the allegation of fraud under S. 447 of the Companies Act, 2013 as such fraud is to be adjudicated upon adducing evidence before the Civil Court only. Read more

[Mukesh Jaiswal v. Phool Chand Gupta, 2022 SCC OnLine Cal 3957]

Calcutta High Court dismisses PIL against ‘Koffee with Karan’, filed with the object “to gain publicity”

Dismissing the Public Interest Litigation (PIL), a division bench consisting of Prakash Shrivastava, C.J. and Rajarshi Bharadwaj, J. held that no case is made out to entertain this PIL as the object of filing the present PIL is to gain the publicity.

The Court observed that,

“Public interest litigation is a weapon which has to be used with great care and circumspection and the judiciary has to be extremely careful to see that behind the beautiful veil of public interest an ugly private malice, vested interest and/or publicity seeking is not lurking.” Read more

[Nazia Elahi Khan v. State of W.B., 2022 SCC OnLine Cal 3917]

Chhattisgarh High Court

Keeping in mind biological changes undergone by girl child; Chhattisgarh High Court grants custody to mother

In an appeal related to the custody of a girl child, a Division Bench comprising of Goutam Bhaduri and Radhakishan Agrawal*, JJ., held that the welfare of the child is the paramount consideration and considering the girl child’s best interests to provide special care and attention, custody was granted to the mother.

In the present matter, the appellant (the husband) filed an application under S. 8 of the Guardians and Wards Act, 1890 for grant of guardianship of his daughter from the respondent (the wife). After evaluating evidence provided by both the parties, the Family Court dismissed the application vide order dated 09-10-2018. Aggrieved by the impugned order, the appellant filed an appeal under S. 19 of the Family Courts Act, 1984. Read more

[Devnath Ratre v. Malti Ratre]

Delhi High Court

Delhi High Court directs GNCTD to follow the guidelines laid down by the Supreme Court and Animal Welfare Board of India while dealing with the feeding of stray dogs

A single Judge bench of Jasmeet Singh, J., decided a writ petition pertaining to the ongoing problem of feeding of stray dogs in a Delhi locality, accordingly, gave directions to the respondents to identify a place to feed the stray dogs in accordance with the guidelines laid down by various Courts, Supreme Court, and Animal Welfare Board of India1 . Read more

[Parvinder Kaur Malhotra v. The State GNCTD]

Undertrial prisoners cannot be detained in custody for an indefinite period: Delhi High Court

A Single Judge Bench of Amit Mahajan, J. granted bail to a man accused of cheating and held that undertrial prisoners cannot be placed in custody for indefinite periods of time when the trial was likely to take a considerable time. Further, the Court held that the apprehension that the applicant would abscond was only a ‘bald assertion’. Read more

[Tarun Dutt v. Govt. (NCT of Delhi)]

[Dynamic Injunction] Delhi High Court passes John Doe order against illegal and unauthorized dissemination of the original content of talkshow series ‘Unstoppable’

In the present suit filed by the Plaintiff against Defendants and other parties who are unnamed, technically called as ‘John Doe’ who are claimed to be rogue websites involved in infringing the Plaintiff’s rights by unauthorizedly and illegally disseminating the Plaintiff’s original content in its talk-show series ‘Unstoppable’ over their platforms, Sanjeev Sachdeva, J., granted an ex parte ad-interim injunction thereby restraining the Defendants their owners, partners, proprietors, officers, servants, employees and all others in capacity of principal or agent acting for and on their behalf or anyone claiming through by or under it, from in any manner hosting, streaming, broadcasting, re-transmitting, exhibiting, making available for viewing and downloading, providing access to and communicating to the public, displaying, uploading, modifying, publishing, updating and/or sharing including to its subscribers and users on their websites, through the internet, or in any manner or platform whatsoever, the Plaintiff’s talk show series titled ‘Unstoppable’ season 1 and season 2 or any other future seasons. Read more

[Arha Media and Broadcasting Limited v. www.vcinema.com]

Delhi High Court| Introduction of Voluntary Retirement Scheme by a Department does not automatically qualify an employee to the benefits of the scheme as a matter of right

In a petition filed by the petitioner to set aside and quash the impugned order dated 5-11-2009, dismissing the petitioner from services, chargesheet dated 17-6-2008 and findings dated 12-6-2009 and to further direct the respondent-State to accept the VRS of the petitioner w.e.f. 6.01.2007 in terms of the Voluntary Retirement Scheme of the respondents, Chandra Dhari Singh, J. held that no illegality is found in the impugned order as no procedural infirmity is pointed out in the conduct of the disciplinary inquiry and the Petitioner has also not been able to prove violation of any statutory provisions or principles of natural justice. Read more

[Sanjay Gupta v. Union of India]

Religious Structures and Graveyards will not be demolished in the removal of unauthorized encroachers from the Mehrauli Archaeological Park: Delhi High Court

In a case wherein a petition was filed against the removal of ‘unauthorized encroachers’ from the Mehrauli Archaeological Park area, a Single Judge Bench of Manmeet Pritam Singh Arora, J. dismissed the petition as non-maintainable and held that ‘Religious Structures and Graveyards’ will not be demolished in the removal of ‘unauthorized encroachers’ from the Mehrauli Archaeological Park. Read more

[Kanwar Bhan Hans v. Delhi Development Authority]

‘Arbitration Agreement is a separate agreement distinct from the main contract’; Delhi High Court refers the parties to arbitration under a ‘Non-Binding Term Sheet’

In a petition filed by the petitioner under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking the appointment of an Arbitrator for adjudicating the disputes that have arisen between the parties in relation to the “Non-Binding Term Sheet” executed between the parties, Navin Chawla, J., referred the parties to the arbitration and appointed Retired Chief Justice Dipak Misra as a Sole Arbitrator for adjudicating the disputes that have arisen between the parties in relation to the Term Sheet. Read more

[Wellspun One Logistics Park Fund v. Mohit Verma]

Failure and non-supply of legible/translated copies of documents despite a request renders the order of detention illegal and bad in law; Delhi High Court sets aside the COFEPOSA detention order

The division bench of Siddharth Mridul and Amit Sharma, JJ., decided the criminal writ petition by granting the prayer of the detenu to set aside the detention order passed in accordance with the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (‘COFEPOSA’), setting him at liberty forthwith since the Detaining Authority did not provide the detenu with translated and legible documents consisting of grounds for his detention. Read more

[Neeraj Varshney v. Ministry of Finance Department of Revenue]

Delhi High Court denies regularisation request of a messenger boy of a Bank for not being appointed through a regular process

A Single Judge Bench of Gaurang Kanth, J. upheld the decision of the Labour Court of dismissing the petition filed by a messenger boy for regularisation and absorption in the service in a Bank and held that since the messenger boy had not applied for regularisation and no employer-employee relationship existed between the messenger boy and the Bank, hence, this Court cannot direct the Bank to regularize the services of the messenger boy. Read more

[Karanvir Singh v. Dy. General Manager]

Order of stay/moratorium under the Companies Act, 2013 prohibits the initiation of any proceedings; Parties cannot be referred to Arbitration: Delhi High Court

In a case where a petition was filed under Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of a sole arbitrator for the resolution of disputes between the parties, a Single Judge Bench of V. Kameswar Rao, J. held that the moratorium granted by the NCLAT staying the institution of suits and proceedings after the resolution process was initiated under Sections 241 and 242 of the Companies Act, 2013 was similar to an order of moratorium passed under Section 14 of the Insolvency and Bankruptcy Code, 2016 (IBC). Read more

[DLF Ltd. v. IL&FS Engineering and Construction Co., 2022 SCC OnLine Del 4509]

Appointment of Delhi Legislative Assembly Secretary tainted with irregularities and illegalities; Delhi High Court upholds Siddharth Rao’s termination

In a petition filed by the petitioner under Article 226 of Constitution seeking quashing the impugned order dated 06-12-2013 passed by State thereby terminating Petitioner (Secretary, Delhi Legislative Assembly) from his service and holding all his appointments in Delhi Legislative Assembly, illegal and thereby relieving the petitioner from the post of secretary, Delhi Legislative Assembly, Chandra Dhari Singh, J., held that the appointment of the petitioner is in the teeth of law and cannot be saved and thus, cannot be termed as illegal. Read more

[Siddharth Rao v. GNCTD]

Delhi High Court | Courts are duty bound to lean towards an interpretation which uphold jurisdiction of a Civil Court in case of suspicion

In an appeal filed by the appellant-plaintiff company challenging an order dated 21-03-2022 passed by the Trial Court whereby, the plaint of the appellants was rejected under Order VII Rule 11(d) of the Civil Procedure Code (CPC) on the ground that the civil suit was barred by virtue of Section 430 of Companies Act, 2013 as the appropriate forum for the adjudication of the disputes involved is the National Company Law Tribunal, Chandra Dhari Singh, J., sets aside the impugned order and held that the trial court has erred in rejecting the plaint as being barred by Order VII Rule 11(d) of CPC inasmuch as the suit was not barred under Section 430 of the Act, 2013. Read more

[Videocon Industries Limited v Ram Raj Bhandari]

Delhi High Court grants bail to an accused in an illegal international telephone exchange setup located in Chawri Bazar, Old Delhi

In the application filed by the accused-petitioner, arrested under a case involving illegal international telephone exchange incurring losses to the Government and telecom companies to the tune of Rs. 1.2 cr per day, was seeking bail for being registered for offences under Sections 420 and 120-B of Penal Code, 1860 (IPC) and under Sections 20, 21, 25 Telegraph Act, 1885, Amit Sharma, J., granted bail upon his furnishing a personal bond in the sum of Rs. 50,000 with one surety of the like amount as the investigation was found to be complete and the accused has been in judicial custody since 30-09-2021. Read more

[Areeb Ali v State of NCT of Delhi]

Delhi High Court | Not duty of constitutional courts but civic bodies to regulate public movement and their choice of urinating, spitting and littering on walls having sacred images

In a PIL filed seeking a prohibition of affixing photographs of gods/goddesses on walls to prevent public urination, spitting on and littering around such sacred images, a Division Bench of Satish Chandra Sharma and Subramonium Prasad, JJ., held that the present case is not a fit case for this Court to exercise its extraordinary jurisdiction under Article 226 and the prayers sought for by the Petitioner cannot be granted by this Court. Read more

[Gorang Gupta v. Govt of NCT of Delhi, 2022 SCC OnLine Del 4489]

Accused cannot be held in indefinite custody having completed 50% of his sentence; Delhi High Court grants bail

In a bail application pursuant to a First Information Report (‘FIR’) registered with Economic Offences Wing (‘EOW’), the bench of Yogesh Khanna, J., admitted the two accused persons on bail on furnishing personal bond with directions to always keep their mobile location app open and restricted them from exiting the country without the leave of the Trial Court. Read more

[Nishant Muttreja & Sushant Muttreja v. State of NCT of Delhi, 2022 SCC OnLine Del 4446]

Delhi High Court initiated criminal contempt proceedings after Registrar’s (Vigilance) inquiry revealed fabricated IPAB Order was placed on record

A Single Judge Bench of Jyoti Singh, J. initiated criminal contempt proceedings against one Vicky Aggarwal after it was revealed through the Registrar (Vigilance) inquiry, that he placed fabricated IPAB’s Order on record as a part of the compilation of the documents. Read more

[AB Mauri India (P) Ltd. v. Vicky Aggarwal, 2022 SCC OnLine Del 4519]

Delhi High Court grants ad-interim injunction to New Bharat Overseas for its mark ‘TAJ MAHAL’ in a trademark infringement suit

In a case wherein an application was filed for restraining Kian Agro Processing (P) Ltd. from using, selling, exporting, advertising or in any other mode or manner dealing in or using the mark ‘TAJ MAHAL’ (words or device), a Single Judge Bench of Navin Chawla, J. granted ad-interim injunction to New Bharat Overseas and restrained Kian Agro Processing (P) Ltd. from affixing the mark ‘TAJ MAHAL’ or any other mark deceptively similar to the registered marks for the purposes of selling or marketing rice in India or for export to any entity, till the pendency of the suit. Read more

[New Bharat Overseas v. Kian Agro Processing (P) Ltd]

Delhi High Court grants permanent injunction to RPG Enterprises Ltd. for its mark ‘RPG’ in a trade mark infringement suit; awards Rs. 3 lakhs as damages

In a case where suit was filed for permanent injunction restraining RPG Developers (P) Ltd. from infringing the trade mark and copyright of RPG Enterprises Ltd., a Single Judge Bench Amit Bansal, J. granted permanent injunction to RPG Enterprises Ltd. and restrained RPG Developers (P) Ltd. from offering/rendering any services using the impugned trade mark ‘RPG’ and/or ‘RPG DEVELOPERS’. Additionally, the Court awarded Rs. 3 lakhs as damages to the plaintiff. Read more

[RPG Enterprises Ltd. v. RPG Developers (P) Ltd]

Delhi High Court grants bail to a Spanish National under the NDPS Act as he was denied the opportunity of a translator/interpreter

In a case wherein an appeal was filed by the State against the impugned judgment passed by the Special Judge under Sections 22, 23, 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), a Single Judge Bench of Anish Dayal, J. upheld the judgment passed by the Special Judge wherein bail was granted to a Spanish National as he was not given the opportunity of a translator or an interpreter and the mandatory requirements under Section 50 of the NDPS Act were not complied with. Further, the Court held that the refusal by the accused to get a search conducted before a Gazetted Officer or a Magistrate would, therefore, be vitiated on account of the accused’s part understanding/ misunderstanding/ misinterpretation or even miscommunication of the questions put to him and/or his response. Read more

[State v. Denis Jauregul Mendizabal]

Delhi High Court restrains Brompton Lifestyle Brands from using Yves Saint Laurent marks and alike

While dealing with a suit for infringement of trademarks, copyrights and passing off, preferred by Yves Saint Laurent (‘YSL’), the bench of Sanjeev Narula, J., restrained defendant no.1 from using YSL marks or any other mark alike, till the pendency of the suit. Read more

[Yves Saint Laurent v. Brompton Lifestyle Brands Pvt. Ltd.]

Copying and cheating in examinations is like a pandemic, which can ruin society and educational system of any country: Delhi High Court

While hearing an appeal filed by an engineer student against whom the Delhi Technological University had imposed Category IV punishment and cancelled all his examinations on the allegations of cheating, the Division Bench of Satish Chandra Sharma, CJ. and Subramonium Prasad, J. upheld the Order of the Single Judge, thereby dismissing the appeal and held that the persons who use unfair means to steal march over students who work hard to prove their worth should be dealt with a heavy hand and the students who get away by resorting to unfair means, cannot build this nation. Further, the Court held that the Delhi Technological University had been lenient in imposing Category IV punishment rather than rusticating the cheaters. Read more

[Yogesh Parihar v. Delhi Technological University]

“An unheard claim of a woman against sexual harassment at workplace can mute others in the future,”; Delhi High Court directs Bank of Maharashtra to reinstate woman falsely accused of misconduct

While assailing the order of dismissal from service passed by the Disciplinary Authority, the petitioner also challenged the order passed by the Appellate Authority confirming the findings of the Disciplinary Authority in regard to dismissal of the petitioner from service. A single Judge bench of Chandra Dhari Singh, J., directed the concerned employers of Bank of Maharashtra, Pune to reinstate the petitioner with all consequential benefits as well as compensate her for putting her through the rigours of prejudices inquiry for 10 years. Read more

[Raj Kumari v. The Chairman, Bank of Maharashtra]

[Rooh Afza v Dil Afza] Delhi High Court restrains Sadar Laboratories from manufacturing or selling products containing trademark ‘DIL AFZA’ till final disposal

In an appeal filed by Hamdard National Foundation (appellants) challenging the order passed by Single Judge rejecting the infringement suit filed by the appellant-plaintiff and further seeking permanent injunction restraining Sadar Laboratories (the respondent) from using the trade mark ‘SHARBAT DIL AFZA’, which was deceptively similar to the registered mark of the appellants ‘ROOH AFZA’, a Division Bench of Vibhu Bakhru and Amit Mahajan, JJ. held that the ad interim order dated 15-12-2020, the Single Judge recorded the statement made on behalf of the respondent (defendant) that the respondent would not manufacture and sell syrups and beverages falling under Class 32 under the impugned trademark ‘DIL AFZA’, as absolute till the final disposal of the suit. Read more

[Hamdard National Foundation (India) v. Sadar Laboratories Pvt. Ltd.]

Delhi High Court | Tax, interest and penalty collected by Revenue during the investigation, without following due procedure, is involuntary; Assessee entitled to refund

In a case filed questioning whether the cumulative sum of Rs. 1,80,10,000/- deposited on behalf of the petitioner concern, during search proceedings carried out between 16-02-2022 and 17.02.2022, was a voluntary act or not, on allegations that certain entities were sold by the petitioner company in form of cash and even the commission was received in cash, which was not disclosed, and tax has been evaded, a Division Bench of Rajiv Shakdher and Tara Vitasta Ganju, JJ., held that the amounts which were deposited on behalf of the petitioner-concern, lacked an element of voluntariness and directed to the official respondents/revenue to return Rs. 1,80,10,000/- to the petitioner-concern, along with interest at the rate of 6% (simple) per annum. Read more

[Vallabh Textiles v. Senior Intelligent Officer]

Delhi High Court| Not duty of constitutional courts but civic bodies to regulate public movement and their choice of urinating, spitting and littering on walls having sacred images

[Gorang Gupta v. Govt of NCT of Delhi]

Delhi High Court initiated criminal contempt proceedings after Registrar’s (Vigilance) inquiry revealed fabricated IPAB Order was placed on record

[AB Mauri India (P) Ltd. v. Vicky Aggarwal]

Delhi High Court | All Paramilitary personnel entitled to grant of HRA irrespective of rank

A Division Bench of Suresh Kumar Kait and Saurabh Banerjee, JJ. held that discriminatory views for personnel of different forces deployed in common areas for grant of HRA cannot be taken and hence, directed the Centre and other authorities to take necessary steps within six weeks, in consultation with Ministry of Home Affairs to grant HRA to the petitioners. Read more

[Praveen Yadav v. Union of India, 2022 SCC OnLine Del 4461]

Delhi High Court upholds ICAI’s suo motu power to initiate disciplinary proceedings under S 21 of the Chartered Accountants Act, 1949

In the case relating to PNB-Nirav Modi scam, the Single Judge Bench of Yashwant Varma, J., has upheld the power of the Institute of Chartered Accountant of India (‘The Institute’) to proceed suo motu and unhindered by the absence of a written complaint or allegation submitted, under Section 21 of the Chartered Accountants Act, 1949.Read more

[CA Sanjay Jain v. Institute of Chartered Accountants of India, 2022 SCC OnLine Del 4469]

Vendors have no vested or legal right to continue to be nominated for Town Vending Committees in perpetuity; Government well within its right to reconstitute the Town Vending Committees: Delhi High Court

A Division Bench of Manmohan and Saurabh Banerjee, JJ. held that the Government was well within its right to reconstitute the Town Vending Committees (TVCs) as the vendors only had a right to be considered for nomination in these TVCs and had no legal or vested right to be nominated as members of these TVCs. Read more

[Janodaya Ekta Samiti v. Govt. (NCT of Delhi), 2022 SCC OnLine Del 4459]

[Drug Menace] Delhi High Court directs State and NCB to take appropriate measures within 12 weeks regarding mechanism for registration and investigation of complaints under NDPS Act

In a petition filed by a doctor (petitioner) seeking the development of a mechanism to register and investigate the complaints regarding the allegations for offences under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) due to the unavailability of any procedural provision or mechanism for the registration/ receipt of a complaint regarding cognizable offences declared under the NDPS ACT with the Narcotics Control Bureau (respondent 2), Jasmeet Singh, J., directed the State to treat the present petition as representation and deliberate on it. Read more

[Divya Jain v. State of NCT of Delhi]

Accused cannot be held in indefinite custody having completed 50% of his sentence; Delhi High Court grants bail

[Nishant Muttreja & Sushant Muttreja v. State of NCT of Delhi, 2022 SCC OnLine Del 4446]

Delhi High Court | Cancellation of lease deed of Institution running a charitable hospital on public land a travesty of justice

In a regular first appeal filed under Section 96 read with Order XLI of the Civil Procedure Code seeking to set aside the order and judgment dated 14-11-2011 passed by District Judge-cum ASJ – Incharge (West) / ARCT Delhi, Chandra Dhari Singh, J., allowed the appeal and set aside the judgment dated 14-11-2011 passed by the Court of District Judge and Additional Sessions Judge, ARCT, Delhi and the order dated 07-12-1995, canceling /terminating the Lease Deed of the appellant Institute. Read more

[Khosla Medical Institute v. Delhi Development Authority, 2022 SCC OnLine Del 4199]

Delhi High Court upholds compulsory retirement of a teacher accused of sexual harassment and molestation of a Class IX student

A Division Bench of Satish Chandra Sharma, CJ. and Subramonium Prasad, J. dismissed an appeal of a physics teacher who was accused of sexual harassment and molestation of a Class IX girl student at a private school in 2006 and held that an act of sexual harassment can have the effect of hindering the normal social growth of the child and lead to various psychosocial problems which could require psychological intervention.Read more

[Ranajit Roy v. Govt. (NCT of Delhi)]

Delhi High Court | Review is permissible against an order dismissing a petition under S. 11 of the Arbitration and Conciliation Act

In a case filed seeking recall of an order which held that since Corporate Insolvency Resolution Process [‘CIRP’] proceedings had commenced, the moratorium would take into effect and consequently all proceedings against the corporate debtor would stand interdicted, Yashwant Varma, J., held that while exercising the power conferred by Section 11 Arbitration and Conciliation Act, 1996, the Court does not cease to be a Court of Record and the review or reopening of proceedings sought is not with respect to any power exercised by the Court under Section 11 on merits but on account of the evident factual mistake in that order, hence is permissible. Read more

[Always Remember Properties Private Limited v. Reliance Home Finance Limited]

Bail should not be granted only when person was in the condition of dying; Delhi High Court direct authorities for avoid giving long dates for medical check-up

A Single Judge Bench of Dinesh Kumar Sharma, J. held that interim bail should not be granted only at the stage when the person was breathing last or was in the position that he may not survive. Further, the Court directed the authorities to avoid giving long dates to prisoners for their medical check-up and instead act with promptness to ensure that the prisoners were examined early. Read More

[Vijay Agrawal v. Directorate of Enforcement]

Delhi High Court | All Paramilitary personnel entitled to grant of HRA irrespective of rank

[Praveen Yadav v. Union of India]

[Janodaya Ekta Samiti v. Govt. (NCT of Delhi)]

Delhi High Court upholds ICAI’s suo motu power to initiate disciplinary proceedings under S 21 of the Chartered Accountants Act, 1949

[CA Sanjay Jain v. Institute of Chartered Accountants of India]

Delhi High Court grants interim injunction in favour of WhiteHat Education Technology in a trade mark infringement suit for its mark ‘WhiteHat Jr’

A Single Judge Bench of Amit Bansal, J. granted interim injunction in favour of WhiteHat Education Technology Private Limited and directed to suspend access and operation of the impugned website/domain name whitehatsr.in and take down the domain name. Read more

[WhiteHat Education Technology (P) Ltd. v. Vinay Kumar Singh]

Delhi High Court grants permanent injunction to Microsoft Corporation and awards damages of Rs. 20 lakhs in a 12-year-old copyright infringement suit

A Single Judge Bench of Navin Chawla, J. granted permanent injunction to Microsoft Corporation in a copyright infringement case of its products Microsoft Windows, Microsoft Office, and Windows Server and awarded Rs. 20 lakhs as damages to Microsoft Corporation. Read more

[Microsoft Corporation v. Rupesh Waidande, 2022 SCC OnLine Del 4432]

ECI is free to proceed in the Shiv Sena Election Symbol dispute; Delhi High Court refuses to entertain the appeal seeking to quash ECI restraint order

In the instant appeal filed challenging the order and judgment of a Single Judge bench which refused to quash the Election Commission of India (ECI) order that restrained the two rival factions from using the Shiv Sena party symbol until pending adjudication of the same by the ECI, a Division Bench of Satish Chandra Sharma, CJ, and Subramonium Prasad, J., held that Election Commission of India is free to proceed with the adjudication of the dispute pending before it and there shall be no stay on the restraining order. Read more

[Uddhav Thackerey v. The Election Commission of India, 2022 SCC OnLine Del 4475]

Delhi High Court stays CCI’s order for recovery of Rs. 223.48 crore from MakeMyTrip Private Limited

A Single Judge Bench of Prathiba M. Singh, J. stayed the order passed by the Competition Commission of India and directed that no recovery of Rs. 223.48 crore shall be affected in respect of MakeMyTrip for the remaining 90% of the penalty amount. Read more

[MakeMyTrip (P) Ltd. v. Competition Commission of India, 2022 SCC OnLine Del 4440]

Delhi High Court | All schools to ensure that no EWS category student, recommended by the Department of Education, is denied admission

In a batch of 39 petitions been filed by the petitioners seeking the admission of students under the Economically Weaker Section category (“EWS category”) under Section 2(e) of Right to Education Act (RTE Act) in the respondent schools at the elementary level, Chandra Dhari Singh, J., issued a list of directions providing relief to the EWS students and their families. The Court directed all the schools to ensure that no student, belonging to “Weaker Sections” as defined in the RTE Act and recommended by the Department of Education (DoE) for being admitted in an Academic Session, shall be denied admission or treated with conduct that is unwelcoming of them on any pretext whatsoever including that of suspicion of credentials. Read more

[Rameshwar Jha v. The Principal Richmond Global School, 2022 SCC OnLine Del 4438]

Delhi High Court directs Kendriya Vidyalayas to provide basic facilities to children with disabilities as provided under Rights of Persons with Disabilities Act, 2016

A Single Judge Bench of Prathiba M. Singh, J. directed Kendriya Vidyalaya to provide school uniform free of cost to the petitioner and waived off his computer fee and held that these facilities should be provided at least at Kendriya Vidyalaya, which were government schools, to ensure that children with disabilities were not deprived of proper education. Read more

[Manish Lenka v. Union of India, 2022 SCC OnLine Del 4403]

Delhi High Court | ‘Postings on Facebook cannot be treated as determinative of the location of a person at a particular point of time’

A Single Judge Bench of C. Hari Shankar, J. quashed the order passed by the Intellectual Property Appellate Board (Board) rejecting the adjournment application filed by the counsel and held that posts on Facebook cannot be determinative of the location of a person at a particular point of time and therefore, opportunity of being heard should be given before taking any adverse view. Read more

[Vinod Kumar v. Intellectual Property Appellate Board, 2022 SCC OnLine Del 4412]

Delhi High Court directs Registrar of Trade Marks to add ‘BUKHARA’ mark to the list of ‘well-known trade marks

In a case filed by ITC Ltd. seeking protection of the trade mark ‘BUKHARA’, the Single Judge Bench of Prathiba M. Singh, J. declared ‘BUKHARA’ as a well-known trade mark under Section 2(zg) read with Section 11(2) of the Trade Marks Act, 1999 and directed the Registrar of Trade Marks to add the mark ‘BUKHARA’ to the list of well-known trade marks. Read more

[ITC Limited v. Central Park Estates (P) Ltd., 2022 SCC OnLine Del 4132]

Delhi High Court orders social media platforms to block circulation of sexually explicit video involving a judicial officer

In a suit filed to prevent the sharing of a sexually explicit video of a judicial officer, which had been in circulation on the internet since 29-11-2022, the Single Judge Bench of Yashwant Varma, J. ordered the social media platforms to restrain from circulating the sexually explicit video of a judicial officer. Read more

[AX v. Google LLC, 2022 SCC OnLine Del 4195]

Delhi High Court grants permanent injunction in favour of Dream 11 in a trade mark infringement suit

In a suit for permanent injunction filed for protecting the ‘Dream11 Marks’, the Single Judge bench of Navin Chawla, J. granted permanent injunction in favour of Dream11 and held that the defendant was operating under a domain name www.dream11.bet which was deceptively similar to that of Dream11.Read more

[Sporta Technologies Pvt. Ltd. v. Virat Saxena, 2022 SCC OnLine Del 4107, decided on 25-11-2022]

Delhi High Court directs Pocket FM to take down audio book titled “Mossad: The Greatest Mission of the Israeli Secret Service” in a copyright infringement suit

In a case of copyright infringement filed by Mebigo Labs Private Limited in relation to an audio book, the Single Judge Bench of Prathiba M. Singh directed Pocket FM to ensure that the subject audio book “Mossad: The Greatest Mission of the Israeli Secret Service” was not made available or communicated on its platform in any manner without authorization or license. Read more

[Mebigo Labs (P) Ltd. v. Pocket FM (P) Ltd., 2022 SCC OnLine Del 4077]

Delhi High Court directs Union Government and Kendriya Vidyalaya Sangathan to sanction 987 posts for special educators in Kendriya Vidyalaya across country

In a public interest litigation filed by Social Jurist, a civil rights group, regarding appointment of special educators in KVS schools for children with special needs, the Division Bench of Satish Chandra Sharma, CJ. and Subramonium Prasad, J. directed the Union Government and Kendriya Vidyalaya Sangathan to sanction 987 posts for special educators to cater to the needs of special children. Read more

[Social Jurist, A Civil Rights Group v. Kendriya Vidyalaya Sangathan, 2022 SCC OnLine Del 4217]

Delhi High Court restrains a Ludhiana based company from further manufacture of bicycles under the mark ‘RALLIES’; allows to sell the existing stock

In a trade mark infringement suit filed by the UK based company Raleigh for protecting its mark ‘RALEIGH’, the Single Judge Bench of Prathiba M. Singh, J. restrained the Ludhiana based company from manufacturing cycles, bikes, or any other product under the trade mark ‘RALLIES’. Read more

[Swiss Bike Vertrjebs GMBH v. Imperial Cycle Mfg. Co., 2022 SCC OnLine Del 4193]

Writ petition under Article 226 of the Constitution cannot be filed for seeking alteration in contract: Delhi High Court

In an appeal filed by Supertech Realtors against the order of Single Judge in relation to payment of dues by the real estate developer to a consortium of banks, the Division Bench of Satish Chandra Sharma, CJ. and Subramonium Prasad, J. rejected the appeal and held that Supertech Realtors cannot ask for alteration of the contract by filing writ petitions under Article 226 of the Constitution. Read more

[Supertech Realtors (P) Ltd. v. Bank of Maharashtra, 2022 SCC OnLine Del 4198]

Delhi High Court sets aside conviction 19 years after the verdict over lost Trial Court’s records

The Single Judge Bench of Jasmeet Singh, J. has set aside the conviction and 6-year jail term awarded to a man in 2003, noting that the trial court record had been lost and material documents including witness depositions were now not available for its perusal. Read more

[Ramesh Kaushik v. State of Delhi, 2022 SCC OnLine Del 4185]

Opinion of the Medical Board in cases of termination of pregnancy is of considerable importance; Delhi High Court enlists standard factors on which the Opinion should be given by the Board

In a case filed seeking termination of pregnancy under the Medical Termination of Pregnancy Act, 1971 (MTP Act, 1971) and to form a board comprising not less than two registered medical practitioners and submitting an opinion qua the medical termination of pregnancy of the Petitioner due to obtaining confirmations from three different diagnostic centres/hospitals regarding evidence of cerebral abnormality of the foetus, Prathiba M Singh, J., permitted the medical termination of pregnancy considering that there is considerable doubt and risk involved in the unborn child’s chances of leading a dignified and self-sustaining life, based upon the medical evidence and reports. Read more

[X v. GNCTD, 2022 SCC OnLine Del 4274]

Delhi High Court grants Rs. 2 Crore damages to Adobe in a trade mark infringement suit against a cyber squatter

In a trade mark infringement suit filed by Adobe Inc. for protection of its marks ‘ADOBE’, ‘PHOTOSHOP’ and ‘SPARK’, the Single Judge Bench of C. Hari Shankar, J. permanently restrained Namase Patel, a habitual cyber squatter from registering any domain names which incorporated or used trade marks ADOBE’, ‘PHOTOSHOP’ and ‘SPARK’ in a manner which would result in infringement of Adobe’s marks. Further, the Court granted Rs. 2 Crore damages to Adobe. Read more

[Adobe, Inc v. Namase Patel, 2022 SCC OnLine Del 4190]

Delhi High Court grants ex parte ad interim injunction to Sukam Systems (P) Ltd. for its trade mark ‘Su-Kam’ against Lithium Power Energy (P) Ltd in a trade mark infringement suit

A Single Judge Bench of C. Hari Shankar, J. granted ex parte ad interim injunction to Sukam Systems (P) Ltd. For its mark ‘Su-Kam’ and restrained the defendant from manufacturing, selling, offering for sale, advertising or directly or indirectly dealing in any products or services bearing the impugned trademarks ‘Snow-Kam’.Read more

[Sukam Systems (P) Ltd. v. Lithium Power Energy (P) Ltd., 2022 SCC OnLine Del 4400]

Delhi High Court grants permanent injunction to Lifelong Online Retail (P) Ltd for its mark ‘Lifelong’ in a trade mark infringement suit

A Single Judge Bench of C. Hari Shankar, J. granted permanent injunction to Lifelong Online Retail (P) Ltd for its mark ‘Lifelong’ and restrained the defendants from dealing in any goods under the mark ‘Lifelong’ to cause confusion or deception leading to passing off or unfair trade practice. Read more

[Lifelong Online Retail (P) Ltd. v. Anita Gupta, 2022 SCC OnLine Del 4371]

Delhi High Court | When a prayer to appoint an Arbitrator has been heard and rejected, the same relief cannot be sought by filing a review petition

In a Review Petition filed under Order XLVII Rule 1 read with Section 114 of the Civil Procedure Code (CPC) seeking review of the order/judgement wherein the petition under Section 11 of the Arbitration & Conciliation Act, 1996 (‘Act, 1996’) was dismissed stating that the Court had no territorial jurisdiction to entertain thepetition, Neena Bansal Krishna, J., upheld the impugned judgment and held that the power of review cannot be confused with appellate powers which enable a superior Court to correct all errors committed by the subordinate court and here cannot be any re-hearing of the original matter. Read more

[Kush Raj Bhatia v. DLF Power & Services Limited 2022 SCC OnLine Del 4263]

Delhi High Court | Validity of adoption can neither be doubted nor questioned merely on an asserted ’possibility of irregularity’

In a petition filed challenging the communication dated 10-08-2022 issued by the Central Adoption Resource Authority (CARA) informing the Specialized Adoption Agency (SAA) concerned, of a complaint that had been received by the National Commission for Protection of Child Rights (NCPCR) alleging violation of the adoption regulations that apply and wherein CARA in terms of that communication apprised the SAA that till the aforesaid complaint is investigated, it should withdraw the adoption petition, Yashwant Varma, J., allowed the petition, quashed the impugned communication,and directed Central Adoption Resource Authority (CARA)to take further steps to complete the process of adoption in accordance with the No Objection Certificate which has been issued by it. Read more

[Michelle Camilleri v. Central Resource Adoption Authority, 2022 SCC OnLine Del 4091, decided on 25-11-2022]

Delhi High Court | Test Identification Parade can be ordered even after the release of articles to the person who was in lawful custody of the articles

The Single Judge Bench of Dinesh Kumar Sharma, J. held that the order of MM and the ASJ, denying Investigating Officer (IO), the right to conduct TIP was not in accordance with law and further held that TIP could be ordered even after the release of articles to the person who was in lawful custody of the articles. Read more

[State (NCT of Delhi) v. Sunil Kumar Proprietor Jai Mata Di Logistics, 2022 SCC OnLine Del 4226]

Delhi High Court | Challenge to the mandate of the arbitrator on the ground of bias and impartiality cannot be raised under Section 14 of the Arbitration and Conciliation Act, 1996

The Single Judge Bench of Yashwant Varma, J. dismissed a petition on the ground of non-maintainability and held that a challenge to the mandate of the arbitrator on the ground of bias and a justifiable doubt with respect to the independence and impartiality cannot be raised under Section 14 of the Act. Read more

[Union of India v. Reliance Industries Limited, 2022 SCC OnLine Del 4310]

Delhi High Court stays release of movie ‘AJINOMOTO’ after Japanese spice maker claims trademark infringement

In a recent interim decision, J. Sanjeev Narula stated that Ajinomoto or any movie with a same or confusingly similar name shall not be released in any format, including theatres or over-the-top (OTT) platforms after observing that Ajinomoto Co Inc would suffer irreparable loss if an ex-parte injunction was not issued. Read more

[Ajinomoto Co Inc v. Dattatrey Studios, 2022 SCC OnLine Del 4355]

Signboard of Bank of Baroda falling on the head of a passerby resulting in his death is negligence by the bank; Delhi High Court directs compensation to the deceased

In two cross-appeals filed against the impugned judgment, one by the deceased writ petitioner seeking compensation for his head injury, which is now represented by his legal representatives, and the other filed by Bank of Baroda challenging the liability of negligence fastened on the Bank, a Division Bench of Rajiv Shakdher and Tara Vitasta Ganju, JJ., held that the Bank was obliged to monitor the maintenance of the signboard to ensure that it was securely fastened to the façade of the building and having failed to do so, the Bank has committed a tort of negligence. Read more

[Bank of Baroda v. Mahesh Gupta]

First-year law student appears as proxy counsel before Trial Court; Delhi High Court quashes FIR but after cautioning law students from indulging in such acts

A single judge bench of Anish Dayal, J has held that a law student shall not represent a party or provide legal counsel in any legal proceeding before a court of law before being properly enrolled by a bar council and being admitted to the bar.

On 20.08.2022, a first-year law student appeared before the Metropolitan Magistrate, Dwarka Courts, Delhi to request adjournments in two cases after receiving instructions from one Advocate Chandni. When the MM questioned her about the case, she remained mute because she had simply been told to appear before the Court and seek dates and was uninformed of the case. The MM took her into court custody and eventually an FIR was filed against her under IPC Section 177 (Furnishing False Information), Section 179 (Refusing to Answer Public Servant Authorized to Question), Section 419 (cheating by personation) and Section 209 (dishonestly filing a false claim in court), for appearing as a proxy lawyer before the Court. Read more

[Shweta v. GNCTD]

[Drug Menace] Delhi High Court directs State and NCB to take appropriate measures within 12 weeks regarding mechanism for registration and investigation of complaints under NDPS Act

[Divya Jain v. State of NCT of Delhi, 2022 SCC OnLine Del 4540]

Executor appointed in probate proceedings cannot be removed unless gross misconduct or mismanagement, abuse or misuse of probate is demonstrated: Delhi High Court

In a case where an application was filed by one of the beneficiaries of the Will under probate, under Section 247 of the Succession Act, 1925 seeking appointment of Administrator of the Estate and assets of the testator, a Single Judge Bench of Chandra Dhari Singh, J. dismissed the application and held that an executor appointed in probate proceedings would not be readily removed unless gross misconduct, gross mismanagement, abuse or misuse of probate was demonstrated. Further, the Court held that there should be clear evidence that the executor’s continued presence was detrimental to the property and would frustrate the will for which he was charged by law. Read more

[Swapnil Gupta v. Govt. (NCT of Delhi)]

Gujarat High Court

Gujarat High Court issued show cause notice to 9 Judicial officers for disobeying the order of the High Court and not disposing of the case pending since 1977

While deciding the application, the division bench of Aravind Kumar, CJ., and Ashutosh J. Shastri, J., calls upon the Judicial Officers to show cause as to why contempt proceedings should not be initiated against them for wilfully disobeying the order and direction issued by this Court.Read more

[Patel Ambalal Kalidas v. Patel Motibhai Kalidas]

Reappointment is not a vested right; Gujarat High Court denies to grant any direction to complete the reappointment process of a Judicial Member at NCLT

While deciding a civil application, the Division Bench comprising of N.V. Anjaria. J. and Sandeep N. Bhatt, J. held that reappointment is not a vested right, and a writ cannot be issued to direct the Ministry of Corporate Affairs to complete the reappointment process of the petitioner. Read more

[Manorama Kumari v. Union of India, 2022 SCC OnLine Guj 2172]

No leniency to be shown to a person committing offence under POCSO Act; Gujarat High Court rejects bail plea

While rejecting bail application of accused under Section 439 of Criminal Procedure Code, 1973, the bench of Samir J. Dave, J., held that offences under Protection of Children from Sexual Offences Act, 2012 (“POCSO Act”) should be dealt in stringent manner and no leniency should be shown to an accused. Read more

[Nihar Ranjitbhai Barad v. State of Gujarat]

J & K and Ladakh High Court

J&K and Ladakh HC directs Govt to constitute high-level Committee to enquire into JKSSB’s “brazen illegalities” in awarding tenders for conducting recruitment exams

While deciding the instant writ petition filed by the aspirants of examinations to be conducted by the Jammu & Kashmir Services Selection Board (JKSSB) especially Junior Engineer (civil), Jal Shakti Department and Sub Inspector (Home Department), wherein concerns were raised that the exams scheduled from 05-12-2022 to 20-12-2022 are to be conducted through a blacklisted agency (Aptech); the Bench of Wasim Sadiq Nargal, J., directed the Government to constitute a high level Committee headed by not less than a retired High Court Judge to enquire into the conduct of JKSSB for the their brazen irregularities/illegalities in changing the terms/conditions of the tender, also as to what made them award a contract to conduct an examination through an organization which has previously facilitated malpractices in public examinations. Read more

[Vinkal Sharma v. UT of J&K, 2022 SCC OnLine J&K 948]

J&K and Ladakh High Court | FIR is not a sine qua non for processing a case under a life insurance policy if there are sufficient evidence demonstrating accidental death

While deciding the instant appeal filed by the Life Corporation of India (LIC) against the order of J&K State Consumer Disputes Redressal Commission whereby it had held that the respondents were entitled to claim the amount due to them as per the “Double Accident Claim Cover” in their deceased father’s life insurance policy; the Division Bench of Sanjeev Kumar and Moksha Khajuria Kazmi, JJ., held that the J&K SCDRC correctly held that in the case of such nature where the death of the insured has occurred due to injuries suffered from a fall, the registration of FIR is not a sine qua non for processing the case under the policy of life insurance, when there is other evidence in abundance to demonstrate that the deceased insured had died in an accident. Read more

[Life Insurance Corporation of India v. Hamida Bano]

Jharkhand High Court

Jharkhand High Court | A married woman cannot invoke section 376(2)(n) of the IPC on the pretext of false promise of marriage

While deciding a criminal petition, the bench of Sanjay Kumar Dwivedi, J., held that when a married woman established a relationship with another man, Section 376(2)(n) of Penal Code, 1860 (“the IPC”) cannot be attracted. Read more

[Manish Kumar Sharma v. State of Jharkhand, 2022 SCC OnLine Jhar 1559]

Jharkhand High Court directs Jharkhand Public Service Commission and State to complete the process of appointment of Assistant Public Prosecutor within a period of two months

In a public interest litigation, the Division Bench comprising of Dr. Ravi Ranjan, CJ. and Sanjay Kumar Dwivedi, J. directed the Jharkhand Public Service Commission (JPSC) to complete the process of appointment of Assistant Public Prosecutor and held that dispensation of criminal justice system is on the verge of collapse in the State of Jharkhand due to non-appointment of Assistant Public Prosecutor.Read more

[Court on its own motion v. State of Jharkhand, 2022 SCC OnLine Jhar 1541]

Jharkhand High Court directs Jharkhand Public Service Commission and State to complete the process of appointment of Assistant Public Prosecutor within a period of two months

[Court on its own motion v. State of Jharkhand, 2022 SCC OnLine Jhar 1541]

Karnataka High Court

Karnataka HC | Private sector employees cannot be specifically excluded from registration of their vehicles under new BH- Series

In a significant decision, while deliberating over the instant petition concerning a notification issued by the Ministry of Road Transport and Highways (‘MORTH’), whereby which it had introduced a new registration mark for new vehicles called Bharath Series (BH-Series), available to defence personnel, employees of Central/State Government, Public Sector Undertakings and private sector companies; the Bench of C.M. Pooncha, J., stated that the Karnataka government’s apprehension that the private sector employees are working on contract basis and are frequently changing from one company to another, is not a ground not to adhere to the Notification dated 26-08-2021 in its entirety. The Court thus held that State Government’s Notification dated 20-12-2021, specifically excluding one class of persons i.e., “employees of private sector organisations, which have their offices in four or more States/Union territories”, cannot be upheld having regard to the specific mandate of law. Read more

[Ranjith K.P. v. Principal Secretary to Government Transport Department]

Karnataka HC | A third party’s privacy cannot be permitted to be violated on the specious plea of a husband seeking to prove his wife’s illicit relationship

While deciding the instant petition wherein the Bench of M. Nagaprasanna, J., was deliberating over a challenge to the order passed by the Family Court whereby mobile tower record details of the petitioner’s mobile number were called for; the Court held informational privacy also forms an integral part of right to privacy, therefore, the order which directs tower details of the petitioner to be placed before the Court in a proceeding, which he is not even a party, undoubtedly violates informational privacy. It was further held that a third party’s privacy cannot be permitted to be violated on the specious plea of the husband that he wants to prove illicit relationship between the petitioner and the wife. Read more

[Vishwas Shetty v. Preethi K. Rao, 2022 SCC OnLine Kar 1597]

[Ban on Popular Front of India (PFI)] Karnataka HC refuses to interfere with the Govt. decision to give immediate effect to the ban

While deciding that whether the Notification declaring Popular Front of India (PFI) to be unlawful and bringing the Notification into effect immediately violates Section 3(3) of the Unlawful Activities Prevention Act, 1967; the Bench of M. Nagaprasanna, J., referring to the decisions of Mohd. Jafar v. Union of India, 1994 Supp (2) SCC 1 and Islamic Research Foundation v. Union of India, 2017 SCC OnLine Del 7489, which have emphasised on recording of reasons while imposing any reasonable restriction of the right under Art. 19(1)(c) of the Constitution, pointed out that the impugned Notification had stated the reasons for bringing the ban into effect immediately, therefore no interference is required from the High Court. Read more

[Nasir Pasha v. Union of India, 2022 SCC OnLine Kar 1594]

Karnataka HC | Healthcare Global Enterprises’ loss of profit due to price regularisation of essential anti-cancer drugs, is not a ground for judicial review of a Government Policy

In the instant petition filed by Healthcare Global Enterprises, wherein the issue was that whether the policy of Government of India in imposition of cap on trade margin of 30% on the manufacturer of essential anti-cancer drugs, is arbitrary and unreasonable; the Bench of M. Nagappasanna, J., while dismissing the petition, held that the petitioners did not present any circumstance which could prove that the impugned Order violated the Constitution. It was further held that a retailer’s alleged loss due to a government policy is not a ground for judicial review. The Court poignantly stated that, “Cancer patients in India incur heavy expenditure and cancer drugs need to become somewhat affordable so that whenever a treatment is required, it can be treated at the earliest, to the rich and the poor alike. If such policy is not promulgated, the poor or the middle class which forms majority of the population of this country, can be seen to be succumbing to the disease due to high prices that the manufacturers project resulting in its unaffordability”. Read more

[Healthcare Global Enterprises Ltd. v. Union of India, 2022 SCC OnLine Kar 1595]

[Ban on Popular Front of India (PFI)] Karnataka HC refuses to interfere with the Govt. decision to give immediate effect to the ban

[Nasir Pasha v. Union of India, 2022 SCC OnLine Kar 1594]

What is the legal validity of an unregistered agreement for adoption entered between biological parents of an unborn child and the adoptive parents? Karnataka HC answers

While deliberating over a curious scenario wherein the biological parents of a child unborn, entered into an unregistered agreement for adoption with the alleged adoptive parents, the Division Bench of B. Veerappa and K.S. Hemalekha, JJ., expressed their shock over such an agreement and stated that both parties entered into an agreement in respect of an unborn child, which is unknown to law. It was held that both the biological and adoptive parents have violated the rights of the child guaranteed under Art. 21 of the Constitution. The very agreement for adoption entered between the parties is invalid document and the same is not permissible under the principles of Mohammedan Law. The Bench strictly observed that “The Government has introduced many schemes to overcome, or to streamline the poverty (…) instead of that, appellants have sold the child in the name of adoption, which cannot be tolerated”. Read more

[Shahistha v. The State, 2022 SCC OnLine Kar 1596]

Kerala High Court

Manufacturers of ‘FROOTI’ does not violate Legal Metrology Rules; Kerala High Court quashes complaint

While deciding the petition, the bench of Bechu Kurian Thomas, J., held that the prosecution against the petitioners is an abuse of the process of law as the size of MRP and packing date is in compliance with the Legal Metrology Rules and there is no mandate or stipulation that enables the Inspector to remove the commodity from the bottle, rendering the accused to prejudice. Read more

[Parle Agro Pvt. Ltd. v. Senior Inspector]

[Right to be Forgotten] | Claim for the protection of personal information cannot co-exist in an Open Court justice system; Kerala High Court directs Registrar of the High Court to publish the privacy notices within two months in both English and Malayalam languages on the High Court and District judiciary websites

While deciding the petition, the Division Bench of A. Muhamed Mustaque, and Shoba Annamma Kapen, JJ., held that a claim for the protection of personal information, based on the right to privacy cannot co-exist in an Open Court justice system, whereas in cases where the law does not recognise the open Court system and in family and matrimonial cases, arising from the Family Court jurisdiction the personal information shall not be published on the website or any other information system maintained by the Court, if the parties to such litigation so insist. Read more

[Vysakh K.G. v. Union of India]

Words uttered must be capable of arousing sexually impure thoughts in minds of hearers to satisfy definition of obscenity to attract Section 294(b) IPC; Kerala High Court reiterates

In an application filed to quash all the further proceedings for offences under Sections 294(b) and 354-A of the Penal Code(‘IPC’), Kauser Edappagath, J. said that there is no case for the prosecution that the words allegedly uttered by the petitioner aroused sexually impure thoughts in the minds of the hearers. Thus, the Court held that neither the basic ingredients of Section 294(b) nor of Section 354-A of IPC are attracted. Read more

[DR. K.K. Ramachandran v Sub Inspector of Police]

Bar under Section 33(5) of POCSO Act is not absolute; Kerala High Court allows recalling of child witness for examination for the just decision of the case

While deciding the petition, the bench of Dr. Kauser Edappagath held that for the just decision of the case, child witness can be recalled for examination under S. 311 of Criminal Procedure Code, 1973. Read more

[Vineeth v. State of Kerala]

Kerala High Court grants anticipatory bail to snake expert Vava Suresh accused of displaying a cobra while delivering speech at a college

In an anticipatory bail application plea by the wildlife conservationist and a snake expert Vava Suresh for offences under Sections 2, 9, 40 and 51 of the Wildlife Protection Act. Viju Abraham,J. granted him anticipatory bail.

In this case, the prosecution alleged that the accused had displayed a highly poisonous cobra next to the mike while delivering his speech, while attending an event organized at Government Medical College, Kozhikode. Read more

[Suresh v. State of Kerala]

Bar under Section 33(5) of POCSO Act is not absolute; Kerala High Court allows recalling of child witness for examination for the just decision of the case

[Vineeth v. State of Kerala]

Kerala High Court | Courts should carefully analyse cases while dealing with pre-arrest bail pleas under SC/ST Act

In an appeal filed under Section 14-A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, (‘SC/ST Act’) against the order passed by the Special Judge disallowing pre-arrest bail, A. Badharudeen, J. said that the case advanced by the complainant is prima facie doubtful. However, investigation can go on in a fair manner to unearth the truth of the allegations. Thus, it set aside the impugned order and granted pre-arrest bail to the accused subject to certain conditions. Read more

[X v. State of Kerala]

No patent infirmity in the order of conviction to render it erroneous; Kerala High Court rejects suspension of sentence to the husband in ‘Vismaya dowry death case’

In an application filed by the applicant/accused for suspension of sentence and to release him on bail, division bench of Alexander Thomas and Sophy Thomas*, JJ. after considering the nature of accusation, seriousness of the offence and its social impact, held that this is not a fit case warranting suspension of sentence and there is no patent infirmity in the order of conviction to render it prima facie erroneous. Read more

[Kiran Kumar v. State of Kerala, 2022 SCC OnLine Ker 6614]

Kerala High Court directs every station house officer to record FIR within an hour from the time information is received regarding an attack on a healthcare professional

In a case filed concerning recurring violence against Doctors and Healthcare Professionals, a Division Bench of Devan Ramchandran and Edappagath JJ., directed that every Station House Officer concerned, to whom, or to whose Station, a complaint of atrocity or attack or harm on any Healthcare Professional be that doctors, nurses, staffs, security or such other, or against the property of a Hospital shall be recorded as a first information and a case registered within a period of one hour from the time on which such information is obtained or gathered. Read more

[Kerala Private Hospitals Association v. Sabu P Joseph, 2022 SCC OnLine Ker 6182]

Family Courts are reluctant to release maintenance amount and unwantedly insist for release orders; Kerala High Court directs Family Courts to release the arrears of maintenance

In a case filed seeking the release of maintenance amount as in the instant set of facts when the respondent filed a petition before the Family Court to get the amount released, the same was objected to by the revision petitioner, A Badharudeen, J., directed all Family Court Judges to release the amount deposited towards arrears of maintenance under the orders of the Court or otherwise to the claimants at the earliest. Read more

[Manikandan v. Raveena]

Can a ‘customer’ in a brothel be proceeded against criminally under the Immoral Traffic (Prevention) Act, 1956; Kerala High Court answers

In a petition questioning that can a ‘customer’ in a brothel be proceeded against criminally under the Immoral Traffic (Prevention) Act, 1956 (‘the Act’), Bechu Kurian Thomas, J. held that a ‘customer’ in a brothel can be proceeded against criminally under the provisions of section 7 of the Act, if the other conditions of the section are satisfied. Read more

[Mathew v. State of Kerala, 2022 SCC OnLine Ker 6263]

Kerala High Court| Section 31 of Domestic Violence Act only applies to breach to protection orders; No penalty can be imposed for failure to pay maintenance

While deciding a petition filed under S. 482 of Code of Criminal Procedure, 1973, the bench of A. Badharudeen, J., held that the penalty provided under S. 31 of the Domestic Violence Act, 2005 (“D.V Act”) would attract only when breach of protection orders passed under S. 18 of the D.V Act has occurred and the same would not apply to maintenance orders under S. 20 of the D.V Act. Read more

[Suneesh v. State of Kerala, 2022 SCC OnLine Ker 6210]

Madhya Pradesh High Court

Madhya Pradesh High Court dismisses petition challenging BJP leader Pragya Thakur’s 2019 Lok Sabha Election

Vishal Dhagat, J., dismissed the election petition filed by the petitioner, after giving repeated opportunities to appear before the Court, for want of prosecution.

In the instant matter, the petitioner, Rakesh Dixit, filed an election petition challenging the 2019 Lok Sabha election of BJP MP Sadhvi Pragya Thakur from Bhopal on grounds that he gave communal speeches and incited religious sentiments to win the polls, thereby violating S. 123 of the Representation of the People Act, 1951. Read more

[Rakesh Dixit v. Sadhvi Pragya Thakur]

Madras High Court

Madras High Court| Government order warranting Aadhaar authentication from persons availing benefits under social welfare schemes paid out of the Consolidated Fund of India or State is not illegal

A writ petition filed challenging a Government order dated 06-10-2022, directing for Aadhaar authentication services in the Tamil Nadu Generation and Distribution Corporation Ltd. (‘TANGED Co.’), for availing the electricity subsidy, the Division Bench of T. Raja, acting CJ. and D. Bharatha Chakravarth, J. held that there is no illegality in the impugned Government order, as the Aadhaar authentication is required from such persons who want to avail the benefits under social welfare schemes, paid out of the Consolidated Fund of the State. Read more

[M.L. Ravi v. Additional Chief Secretary to Government]

Madras High Court restrains internet providers from broadcasting IPL auctions and events; Grants interim relief to Viacom 18

In an application filed by Viacom 18 against the Internet Service Provider (‘ISP’) for restraining them to broadcast the Indian Premier League (IPL) auctions and events, C.Saravanan, J. granted an interim order restraining the internet providers from infringing the rights conferred on Viacom 18 for a period of four weeks and directed Viacom 18 to comply with the requirements of Order XXXIX Rule 3 of the Code of Civil Procedure, 1908 . Read more

[Viacom 18 Media Private Limited v. Bharat Sanchar Nigam Limited]

Madras High Court dismisses petition seeking equal status to atleast 30% women advocates seeking conferment of Senior Advocate

In a writ petition filed for issuance of writ of mandamus directing the respondents to give the equal status to atleast 30% of women amongst the advocates seeking conferment of Senior Advocate status from the lists issued by the Permanent Secretariat for Designation of Senior Advocate (‘PSDSA’) by a notification issued by the Registrar, the division bench of M.Sundar and N. Sathish Kumar. JJ held that the designation of Senior Advocate is only an honour and privilege based on various criteria, as set out in the Rules and the directions issued by the Supreme Court in Indira Jaising(supra). Further, one cannot claim as a matter of right to designate him/her as a Senior Advocate. Similarly, the conferment of the designation as Senior Advocate is not a post, for that one cannot seek reservation. Read more

[S. Lawrence Vimalraj v. Registrar]

Madras High Court | When public officials have committed an act of negligence, lapses or dereliction of duty, financial loss caused to the State exchequer must be recovered from them

In a civil revision petition filed under Section 115 of the Code of Civil Procedure, 1908 (‘CPC’)against the judgment passed by the Subordinate Court granting Rs. 5 lakhs compensation to the respondent, S.M Subramaniam, J. that the State must pay the compensation and thereafter recover the same from the Doctors and the Officials, who have committed an act of medical negligence, administrative apses or dereliction of duty. Further, it directed the petitioners to conduct an enquiry and initiate all appropriate action following the service rules. Read more

[Dean, Government Medical College Hospital v. District Magistrate]

Madras High Court directs Additional Chief Secretary to Government of Tamil Nadu, to get sensitization programmes conducted for police force regarding the rights of persons with disabilities

While deciding the writ petition, the division bench of R. Subramanian, and K. Kumaresh Babu, JJ., held that the responsibility of the police officer handling a physically disabled person is much more and hence, should be doubly careful and exercise more restraint while handling a physically disabled person. Read more

[L. Muruganantham v. State of Tamil Nadu, 2022 SCC OnLine Mad 5879]

Madras High Court directs State to pay Rs. 1 Lakh compensation to family of a man, missing since he was taken from his house for Covid-19 treatment

In a Habeas Corpus petition praying to direct the police to produce the body of the petitioner’s father (corpus) before this Court and set him at liberty, the division bench of P.N Prakash and N.Anand Venkatesh has directed the State to pay Rs. 1,00,000/- as compensation to the family of the corpus within a period of four weeks from the date of receipt of the copy of this order. Read more

[Thulasidass Adikesavan v. Inspector of Police]

Accessible tourism is integral for equal participation of persons with disabilities; Madras High Court directs State to ensure easy accessibility of tourist places for physically challenged persons

In a case filed by the petitioner seeking a direction to the respondents to take necessary steps to ensure the easy accessibility of all the tourist places, especially Coutrallam Water Falls in Tirunelveli, State of Tamil Nadu, for the persons with disability, in accordance with Section 29 under Chapter V of the Rights of Persons with Disabilities Act, 2016, a Division Bench of R. Mahadevan and J. Sathya Narayana Prasad JJ., directs the Government to devise a programme in consultation with expert bodies, which includes persons with disabilities, to make tourist destinations in Tamil Nadu accessible for the disabled in accordance with the standards of accessibility as formulated under Section 40 of the RPwD Act and other applicable guidelines and prepare and publish a travel guide of disability-friendly and accessible tourist destinations. Read more

[K R Raja v. State of Tamil Nadu, 2022 SCC OnLine Mad 5473]

Can caste-based reservation be given to an individual if one converts to another religion; Madras High Court explains considering instant facts

In a case filed by the petitioner- candidate seeking the reason for his non-selection as well as an explanation as to why after him being converted to Islam, TNPSC did not treat him under the “BC (Muslim)” category but considered him under the “General” category, G R Swaminathan, J., decided not to interfere with the impugned decision as the conversion certificate declaring the petitioner’s conversion only states that the petitioner has become a Muslim and nothing more. Read more

[U Akbar Ali v. State of Tamil Nadu, 2022 SCC OnLine Mad 5567]

Madras High Court imposes restrictions on the usage of cell phones by the priest, devotees, and public inside Arulmigu Subramaniya Swamy Temple, Tiruchendur

In a petition filed under Article 226 praying to issue a writ of mandamus directing the respondents to take effective measures to prohibit the possession and usage of Android Cell Phones inside the Sri Subramania Swamy Temple, Tiruchendur, Thoothukudi District, a Division Bench of R. Mahadevan and J. Sathya Narayana Prasad JJ., directed the respondent authorities to implement the restrictions imposed for the usage of cell phones by the priest, devotees, public and others inside the temple; appoint self-help groups to supervise the usage of cell phones; and set up security counters for deposit of cell phones. Read more

[M. Seetharaman v. The Commissioner, Hindu Religious and Charitable Endowment Department, 2022 SCC OnLine Mad 5656]

Can caste-based reservation be given to an individual if one converts to another religion; Madras High Court explains considering instant facts

[U Akbar Ali v. State of Tamil Nadu, 2022 SCC OnLine Mad 5567]

Madras High Court imposes restrictions on the usage of cell phones by the priest, devotees, and public inside Arulmigu Subramaniya Swamy Temple, Tiruchendur

[M. Seetharaman v. The Commissioner, Hindu Religious and Charitable Endowment Department, 2022 SCC OnLine Mad 5656]

Madras High Court dismisses contempt proceedings against presiding officer of family Court; Imposes Rs. 50,000 costs on the petitioner

In a contempt petition filed against a presiding officer of a Family Court and petitioner’s wife, under Section 11 of the Contempt of Court Act, (CC Act) 1971 for their deliberate act of non- compliance of Court’s order, G.K. Ilanthiraiyan, J. held that the contempt petition is not maintainable and barred by limitation. Further, the Presiding Officer of the Court cannot be impleaded as a contemnor in any event as he was not the presiding officer when the order was passed and directed the petitioner to deposit a sum of Rs. 50,000/- to the credit of Chief Justice Relief Fund of Madras High Court. Read more

[G.P Bhaskar v. Sumathi, 2022 SCC OnLine Mad 5793]

Meghalaya High Court

It is incumbent upon Assistant Commandant to uphold high level standard even to the point of sacrificing self; Meghalaya High Court rejects petition challenging order for compulsory retirement

The Petitioner by way of a Writ Petition under Article 226 of the Constitution of India challenged the order passed by Director General Assam Rifles, whereby his appeal against the compulsory retirement from service was rejected. The bench of W. Diengdoh, J., held that the petitioner was unable to make a case for interference by the Court, thus rejecting the petition. Read more

[Rakesh Kumar v. Union of India, 2022 SCC OnLine Megh 665, decided on 01-12-2022]

Punjab and Haryana High Court

Electricity is an integral part of Right to Life; Punjab & Haryana High Court directs to restore electricity connection till final disposal

While deciding the revision petition, the bench of Manjari Nehru Kaul, J., held that electricity being a basic necessity, is an integral part of life under Article 21 of Constitution. Hence, the Court has directed to restore electricity connection of suit property of petitioner till the final disposal of the suit.

In the case at hand, the petition filed by the petitioner for restoration of electricity connection in his shop was dismissed by Additional District Judge. The petitioner challenged the impugned order before this Court contending that it is violative of his fundamental rights. Read more

[Om Prakash v. Balkar Singh]

Punjab & Haryana High Court orders for release of Stridhan to deceased’s father instead of her husband

While deciding the appeal filed by the husband, the division bench of M.S. Ramachandra Rao, J., and Sukhvinder Kaur, J., upheld the order of Additional Sessions Judge to release the stridhan of deceased wife to her father. Read more

[Sandeep Tomar v. State of Punjab]

Loss of human life should not be permitted merely at the altar of technicalities; Punjab and Haryana High Court allows Swap Transplantation of kidneys

While deciding a writ petition, the bench of Vinod S. Bhardwaj, J., held that the definition of ‘near relative’ as provided in the Transplantation of Human Organs and Tissues Act, 1994, should not be interpreted to restrict any other donor out of love and affection and allowed the petitioners to swap their kidneys. Read more

[Ajay Mittal v. Union of India]

Loss of human life should not be permitted merely at the altar of technicalities; Punjab and Haryana High Court allows Swap Transplantation of kidneys

While deciding a writ petition, the bench of Vinod S. Bhardwaj, J., held that the definition of ‘near relative’ as provided in the Transplantation of Human Organs and Tissues Act, 1994, should not be interpreted to restrict any other donorout of love and affection and allowed the petitioners to swap their kidneys. Read more

[Ajay Mittal v. Union of India, 2022 SCC OnLine P&H 3696]

Punjab and Haryana High Court upholds appointment of candidate holding Master’s Degree in Public Administration as a Political Science Lecturer

In a Letters Patent Appeal, filed against the order which set aside the appointment of the appellant as Lecturer in Political Science, the Division Bench of G.S. Sandhawalia, J. and Jagmohan Bansal, J., held that Master’s Degree in Public Administration is inter-changeable with Master’s Degree in Political Science and it is prerogative of the university to consider degree of Public Administration for the appointment of Lecturer in Political Science. Read more

[Yudhvir v. Reena, LPA 982 of 2017, 2022 SCC OnLine P&H 3430]

Punjab and Haryana High Court grants compensation to an unmarried daughter under Motor Vehicles Act

While deciding appeals against order passed by Motor Accidents Claims Tribunal (“Tribunal”), a bench of H.S. Madaan, J., held that an unmarried daughter of the deceased being financially dependent on her parents and hence, entitled for compensation under Motor Vehicles Act, 1988 (“the Act”). Read more

[Oriental Insurance Company Ltd. v. Raj Rani, 2022 SCC OnLine P&H 3673]

Imprisonment before conviction is a sort of punishment especially when rate of conviction is low; Punjab & Haryana High Court grants bail to the accused

While deciding the petition under Section 482 of Criminal Procedure Code, 1973, a bench of Jagmohan Bansal, J., held that no prejudice will be caused to prosecution or complainant in granting bail to the accused-petitioner, if the accused is coming forward to face trial and is undertaking to appear before trial court on each and every date. Read more

[Harinder Singh v. State of Punjab]

Punjab and Haryana High Court | FSL report forms the foundation of NDPS cases; its absence renders Section 173 CrPC report insufficient

While deciding the criminal revision petition, a single judge bench of Gurvinder Singh Gill, J., granted bail to the petitioner and held that the report of the Forensic Science Laboratory (FSL report) forms the foundation of the case of prosecution under Narcotic Drugs and Psychotropic Substances Act, 1985 (“NDPS Act”) and in case the same is not there the entire case of prosecution falls to ground. Read more

[Mukesh Pal v. State of Haryana, 2022 SCC OnLine P&H 3650]

Rajasthan High Court

Rajasthan High Court| Vacancy caused due to resignation of selected candidate must be readvertised and filled up by fresh selection

In a challenge to the order of the Central Administrative Tribunal, Jaipur Bench1, which had dismissed the original application of the petitioner praying for his appointment for a post vacant after the previous candidate’s resignation, the division bench of Pankaj Mithal, C.J. and Shubha Mehta, J., upheld the order of the Tribunal stating that the vacancy advertised stood exhausted with the appointment of a candidate, and the petitioner thus, is not entitled to the appointment on the post so advertised. Read more

[Sumer Singh v. Union of India]

Characterising it as ‘sketchy’ and ‘non-speaking’, Rajasthan High Court sets aside the order of the Joint Commissioner, GST

While dealing with the connected civil writ petitions challenging the interest and penalty imposed by the Joint Commissioner, State Goods and Services Tax (‘GST’) on account of delayed payment of tax, the division bench of Sandeep Mehta and Kuldeep Mathur, JJ., set aside the order of the Officer due to violation of mandatory requirement of Section 75(6) of the Central Goods and Services Tax Act, 2017 (‘CGST Act’). Read more

[Hindustan Construction Compsccany Ltd. v. Union of India]

Sikkim High Court

All Hydro Power Projects across the State must comply with directions in ‘Zangpo Sherpa case’ in letter and spirit; Sikkim High Court condemns GATI’s careless attitude, resulting in death of two innocent boys

By way of writ of mandamus, the petitioners prayed for directing respondents under Article 226 of the Constitution of India, to install warning devices and appoint guard in all populated areas where the tail water of Gatti Hydro Power dam water flowed, Meenakshi Madan Rai, J., said that despite directing the State authorities to carry out bi-monthly inspections by a team of officers to ensure safety measures, as the same has not been complied with in letter and spirit. Further, awarded compensation of Rs. 35 lakhs to the petitioner. Read more

[Dolma Kumari Thatal v. State of Sikkim]

Telangana High Court

‘Contradictory Dying Declarations containing consistent statements about abuse and cruelty can be considered’;Telangana High Court upholds conviction of husband

In an appeal filed by the husband against the order of the Trial Court convicting him under Section 498-A of the IPC, the Single Judge Bench of G. Radha Rani, J. upheld the order of conviction by the Trial Court and held that contradictory dying declaration consisting of consistent statements regarding abuse and cruelty can be considered. Read more

[K. Rajkumar v. State of Andhra Pradesh, 2022 SCC OnLine TS 3085]

Uttaranchal High Court

Participation in the elections of college union is an integral part of the education; Uttaranchal High Court grants age relaxation of two years to the student for participating in the college election

A Single Judge Bench of Sanjaya Kumar Mishra, J. allowed the writ petition filed by a college student and held that participation in college elections was an integral part of the education and since the right to college election was denied to the student, two years age relaxation should be granted to the student for participating in the elections of college. Read more

[Rajan v. State of Uttaranchal]

‘Social stigma for the victim and unborn child would be insurmountable’; Uttaranchal High Court allows a 13-year-old victim to terminate pregnancy of over 25 weeks

A Single Judge Bench of Sanjay Kumar Mishra, J. allowed a 13-year-old rape victim to undergo termination of over 25 weeks of pregnancy and held that if any risk or danger to the life of the victim girl was found during the medical procedure, then the Medical Board had a discretion to cancel the procedure for medical termination of pregnancy. Read more

[X v. State of Uttarakhand, 2022 SCC OnLine Utt 1584]

Uttaranchal High Court grants bail to a Child-in-conflict with law considering that she was young and had less understanding to differentiate between right and wrong

A Single Judge Bench of Ravindra Maithani, J. granted bail to a Child-in-conflict of law (CIL) relying on the fact that she was young, could not differentiate between what was right and wrong and she had good atmosphere in her family. Further, the Court set aside the orders passed by the Juvenile Justice Board and District and Sessions Court by which the application of bail was rejected. Read more

[Nirmala v. State of Uttarakhand, 2022 SCC OnLine Utt 1586]