Here’s a short recap of what we covered under the High Court’s section for the month of February 2021.
In case February was a tied up month and you missed out on some really interesting cases from the High Courts, well we have covered that for you, just scroll down and have a look at all the updates.
Go ahead and check out the February updates of 2021!
Allahabad High Court
Directions to Police Officers
All HC | “Police officers NOT to automatically arrest when cases under S. 498-A IPC is registered”: Court lays directions considering provisions of S. 41-A CrPC
Jail Appeals
All HC | 20 yrs in jail for no reason? HC reverses conviction of rape accused; Directs matter to be placed before CJ for considering periodical listing of appeals of those in jail for more than 10 or 14 yrs
Custody of minor children
All HC | Man, principal accused in incident relating to wife’s death, seeking custody of minor children. Can the custody with maternal grandparents said to be illegal? Read on
Compassionate Appointment
All HC | A Posthumous child who was still in his mother’s womb while his father passed away, would he be entitled to compassionate appointment on attaining majority under Rules of 1974? Court explains
Dishonour of Cheque
All HC | Summons sent to Director for dishonour of cheque under S. 138 NI Act, without prosecution against the Company. Is it permissible? Court answers
Writ of Habeas Corpus
All HC | Whether issuance of writ of habeas corpus at the behest of a husband to regain his wife is available as a matter of course? Read on
Criminal Liability
[Tandav] “Cheap and objectionable”, All HC rejects bail application of Aparna Purohit. Holds, submission of apology or withdrawal of scene after streaming would not absolve criminal liability
Bombay High Court
Unfair Labour Practice
Bom HC | Classic case of unfair labour practice: Workmen not given permanency on being engaged in a rotational pattern || Pool of Temporaries, Termination, Perennial Work & more
Matrimonial Disputes
Cruelty
Bom HC | Husband making wild allegations that wife, her relatives, secured false certificates to get employment. Does husband’s conduct amount to ‘Mental Cruelty’ to wife? HC explains while upholding Family Court’s decision
Abetment to Suicide
Bom HC | Child commits suicide, mentions drinking habit of father in suicide note. Can the father be held liable for abetment to suicide? Law explained
Well-Known Mark || IPR
Bom HC | ISKCON, Infringement of well-known mark: Read why Justice G.S. Patel deferred grant of discretionary relief in view of past history which may materially affect the action
Homicidal Death
Bom HC | Can a person be held liable under S. 302 IPC on the basis of ‘last seen’ theory and not being able to offer sufficient explanation? Significance of ‘last seen’ theory in establishing homicidal nature of death discussed
Sushant Singh Rajput Case
Bom HC | Power of quashing a criminal proceeding should be exercised very sparingly and with circumspection and that too in the rarest of rare cases: FIR against late actor Sushant Singh’s Sister not to be quashed
Calcutta High Court
Judicial Inquiry
Cal HC | Adjudicate or Legislate? What is the role of Courts in our country? HC frames a precedential examination while discussing scope of ‘Judicial Inquiry
Resolution Professional’s Power
Cal HC | Power of Resolution Professional to take control of any asset, is it subject to determination of ownership by a Court or Authority? Discussion in light of Embassy Property Developments (P) Ltd. v. State of Karnataka, 2019 SCC OnLine SC 1542
Widow Pension
Cal HC | When can S. 29(2) of Hindu Marriage Act come to rescue of parties seeking to prove divorce on basis of custom? Read the case of a second ‘wife’ denied widow pension
Chhattisgarh High Court
Anticipatory Bail
Chh HC | Under what circumstances can ‘Anticipatory Bail’ be granted in light of the bar created under S. 18 of SC/ST Act; Appeal Allowed
Secondary Evidence
Chh HC | Secondary evidence not permissible if the original documents are not produced at any time nor has any factual foundation been laid for giving secondary evidence
Forest Land
Chh HC | Whether a forest land can be allotted/leased without prior approval of Central Government under S. 2 (iii) of Forest (Conservation) Act, 1980?
Power under Section 156(3) CrPC
Chh HC | Power under S. 156(3) of the CrPC warrants application of judicial mind and it has to be supported by an affidavit
Delhi High Court Delhi High Court Quashing of FIR
Del HC | Offences under S. 377 IPC & S. 4 POCSO Act committed on a child aged 7 years, father of victim sought quashing of FIR: Will HC quash the FIR? Read to know
Judicial Review
Del HC | Grant of study leave to a Doctor: Can a Court in exercise of its ‘Judicial Review’ sit as an Appellate Authority over the administrative decision? Read on
Power of Revision of HC under CrPC
Del HC | What is the scope of power of revision of HC under CrPC? Court discusses while denying interference in matrimonial matter
Non-existence of Debt
Del HC | Onus to prove that there is non-existence of debt is on whom under NI Act? Read the purpose of S. 118 NI Act
Limitation Period
Del HC | How the limitation period for filing S. 138 NI Act complaints is to be calculated? What is the effect of not filing S. 142(1)(b) proviso application? Explained
Maintenance
Del HC | Can an application under S. 24 HMA survive beyond dismissal of the main divorce proceeding? Read why HC dismissed the application for maintenance pendente lite
Del HC | While calculating husband’s income for granting maintenance to wife, can husband’s mother who receives her independent pension and rental income be counted as a dependant to be maintained by husband? HC explains
Framing of Charge
Del HC | If on the basis of materials on record a court could come to the conclusion that commission of the offence is a probable consequence, a case of framing of charge exists
Arbitration Clause
Del HC | On invocation of arbitration clause, if a party appoints arbitrator on its own and does not receive confirmation from another party, should former approach Court under S. 11 of Arbitration Act? HC discusses
Property Dispute
Del HC | “Court has to cut through the web of pleas spun in the written statement”. When should a decree on admissions be passed in a property dispute? Read how the Court refused to allow abuse of its process
Matrimonial Dispute
Del HC | Permanent residents of Singapore, residing there since 2012, wife seeks an injunction for suit filed in Singapore by husband regarding matrimonial dispute. HC rejects appeal. Why? Read on
Media | Content Regulation
Del HC | Content Regulation has been a contested issue across the world. Read HC’s stance & directions in Disha Ravi’s plea alleging leaking of her messages, etc. by Police
NCDRC Orders
Del HC | Where NCDRC doesn’t pronounce orders within 6 months of being reserved, and application is filed, same is to be listed before President (NCDRC) within 2 days without fail
Himachal Pradesh High Court
Decree of Divorce
HP HC | Whether minimum period of six months stipulated under S. 13(B)(2) of the Hindu Marriage Act for a motion of passing decree of divorce on the basis of mutual consent can be relaxed? Court explains
Elections
HP HC | Whether a dispute relating to an election of a local body maintainable before High Court under Art. 226 of Constitution of India? HC explains in light of settled position of law
Bail | POCSO Act
[POCSO Act] HP HC | Bail granted in a case where a major developed consensual sexual relations with a minor, in light of mitigating factors; Petition allowed
Jammu and Kashmir High Court
Sedition
J&K HC | “Objectionable conversation, demeaning armed forces in the backdrop of Galwan Valley clashes”, HC acquits the person behind viral audio clip
Public Auction
J&K HC | “Even after completion of public auction the highest bidder has no indefeasible right till the confirmation letter is issued”; HC states
Jharkhand High Court
Departmental Enquiry
Jhar HC | Threatened by militants, J&K resident CRPF constable overstays from leave. HC quashes dismissal order, held “punishment disproportionate”
Bigamy
Jhar HC | When can the second wife be convicted for abetting the offence of bigamy under S. 494 IPC? What are the essential ingredients of such offence? Court examines while acquitting the second wife
Defamation
Jhar HC | A Newspaper reports about sexual assault incident along with sum and substance of FIR lodged with no disclosure of victim’s name. Will defamation provision under Ss. 500 or 501 IPC be applied on publisher, editor, etc.?
Karnataka High Court Karnataka High Court Motor Vehicle Act
[MV Act] Kar HC | Evidence is examined on the touchstone of ‘preponderance of probabilities’, Standard of proof of accident beyond reasonable doubt to not apply
Kar HC | Will absence of any specific claim under S. 166 MV Act in pleadings deprive a claimant(s) of getting just compensation? HC answers
Cruelty to Animals
Kar HC | Does ‘Animal Life’ fall within the meaning of ‘Right to Life’ under Art. 21 of Constitution of India? HC explains in light of instant facts
Kerala High Court Kerala High Court Conversion of Religion
Ker HC | Does a person lose his status as a scheduled caste after converting to a different faith? Does conversion put an end to the disadvantages faced by him? HC answers
Right to be Heard
Ker HC | Right to be heard cannot be claimed in cases of re-incarceration where initial order of release was without application of mind
Drug Abuse
Ker HC | HC hears suo moto case of upsurging drug abuse; directs State to establish Campus Police Units to ensure regular checking in educational institutions
Declaration
Ker HC | Does absence of date and place in affirmation part invalidate the contents of declaration? HC answers
Compostable Plastic Bags
Ker HC | Perception that non-compostable plastic are being passed off as compostable ones is not backed by research; HC uplifts the ban on compostable plastic bags
Gold Smuggling
Ker HC | Gold Smuggling is not a terrorist activity, it does not qualify as ‘any other material’ under S. 15(1)(a)(iiia) of Unlawful Activities Prevention Act; HC grants bail
Madras High Court
Human Rights
‘Amend! Make Human Rights Act a Complete Code’, HC suggests to collective wisdom of Parliament: Read point-wise analysis of 517-pages long judgment holding recommendations of Human Rights Commission are binding on Govt., legally enforceable
Unlawful Conduct
Zero tolerance for Advocates’ unlawful conduct: HC to ensure that activities of some advocates do not spoil image of entire profession
Dishonour of Cheque
If wife issues a cheque to discharge husband’s liability and it gets dishonoured, can the wife be prosecuted under S. 138 NI Act? HC answers
Cruelty
Husband and Wife lived separately for 7 long years, marriage dissolved by family court on ‘cruelty’ ground. Read HC’s decision on challenge to Family Court’s decision
Communal Separation
Temple shall not be a place for perpetuating communal separation leading to discrimination
Cooling-Off Period
Husband and Wife living separately for past 13 years. Can cooling-off period under S. 13-B of Hindu Marriage Act, 1955 be waived off, if sought mutually ? Read on
Hunger Strike
Can Court take cognizance of an offence registered under S. 309 IPC after 3 years? Court discusses while expressing “Hunger strike during a protest is not an offence under S. 309 IPC”
Maintenance
Payment of Maintenance under S. 125 CrPC: From the ‘date of application’ or ‘date of order’? HC answers in view of SC decision
Madhya Pradesh High Court
Will
MP HC | Do the revenue authorities have jurisdiction to decide the correctness and genuineness of a “Will”? Court explains
Right of Succession
MP HC | Claim of share in the properties or right of succession are not pure questions of law instead they are mixed question of law and fact; Court dismisses revision warranting interference under S. 115 of CPC
Others
MP HC | Court not inclined to entertain writ petition in case remedy available before concerning Magistrate under S. 156 (3) of CrPC
Meghalaya High Court
Scope of taking Cognizance
Megh HC | What is the scope of taking effective cognizance of the subsequent facts in a petition? HC explains
Compassionate Appointment
Megh HC | Will a minor at the time of death of a deceased employee be entitled to claim compassionate appointment upon attaining majority? HC answers
Attempt to Rape
Megh HC | No disrobing, no penetration; will nudging and putting the victim to ground amount to attempt to rape? Read what constitutes an offence under Ss. 376/511 IPC
Orissa High Court
Healthcare Facilities to Scheduled Tribe Communities
Ori HC | State Government directed to take appropriate action to provide healthcare facilities to ST communities residing in Sukinda Chromites Valley, Jajpur
Patna High Court
Termination of Contract
Pat HC | “State is not free to act according to its own standard.” HC held termination of contract by State without mandatory notice is illegal
Voluntary Retirement
Pat HC | Application for voluntary retirement cannot be treated as resignation application; HC quashes impugned order
Indefinitely debar a person from doing business
Pat HC | Authorities cannot be allowed to indefinitely debar a person from doing business contingent to happening of a certain future event
Punjab and Haryana High Court
Pension to Widow
P&H HC | “She requires to maintain herself and cannot be denied financial assistance”, HC grants pension to widow convicted for murder
Surety
P&H HC | “Sureties are petty farmers, having meager land holdings”; HC reduces penalty of Rs 2 lakh to Rs 5000
Recruitment Policy
P&H HC | “It’s a matter of recruitment policy”; HC denies adjudicating question of equivalence of qualifications, directs State to determine
Protection to Couple
P&H HC | “Muslim girl of 17 years of age is competent to enter into a contract of marriage with a person of her choice” HC grants protection to couple
Bail
P&H HC | A juvenile has to be released on bail mandatorily unless and until exceptions carved out in proviso to S. 12 (1) of J.J. Act, 2015 itself are made out
Alimony
P&H HC | Wife entitled to increase alimony after an increase in husband’s salary, HC upholds
Rajasthan High Court
Reservation in Employment
Raj HC | State Govt. to consider whether persons with locomotive disabilities and hearing impairment can avail reservation for the purpose of employment under Rights of Persons with Disabilities Act, 2016
Telangana High Court
Preventive Detention
Telangana HC | Can a sexual offender be taken into preventive detention? Read the case of ‘detenu’ who committed intercourse with minor in secluded place and let her off next day
Tripura High Court
Department Inquiry | Corrupt Practice
Tri HC | Once material has come to Government notice prima facie indicating that there was some corrupt practice, Government is duty-bound to act on the same; Court maintains departmental inquiry
Uttaranchal High Court
Natural Justice
Utt HC | Audi alteram partem is the soul of principle of natural justice; Court issues directions
Transfer Orders
Utt HC | Courts should not interfere with transfer orders made in public interest; Petition dismissed
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