Here’s a short recap of what we covered under the High Court’s section in the month of May 2021.
Allahabad High Court
Bail
All HC | Bail under Gangs Act. Whether satisfaction under S. 19(4)(b) is mandatory? Court answers
COVID-19
All HC | District Magistrate, Ghaziabad to file a personal affidavit in alleged black marketing and illegal sale of sale oxygen to Delhi & Haryana from Ghaziabad
Court observes state’s health system is “Ram Bharose”, gives suggestions to improve vaccination rate and health infrastructure
All HC| “Right to life of an accused person can not be put to peril”; Apprehension of being infected with COVID-19 after coming into contact with authorities a valid ground for anticipatory bail
All HC| Court directs creation of Pandemic Public Grievance Committee and takes stock of Covid 19 situation in UP
Agreement of Marriage
All HC | If a minor girl enters into an “agreement of marriage”, what would be the legality of such agreement? Option to ratify or rescind would be available? HC throws light in view of Ss. 11 and 23 of Contract Act
Andhra Pradesh High Court
Elections
AP HC | Right to contest election is fundamental, subject to qualifications: No relief to petitioners attaining min. age after elections notified
Bombay High Court
COVID-19
Bom HC | “Modern ventilators, Doctors are not properly trained to operate”; HC raps centre for blame game on PM Cares Ventilators
Bom HC | 75% ventilators supplied through PM Cares Fund found dysfunctional; HC seeks response from Center
Bom HC | “Take immediate actions against e-commerce websites for supplying non-essential items”, HC directs Maharashtra government
Bom HC | Corporate Social Responsibility, Mucormycosis and shortage of drugs, HC urges Central Drug Controller to increase production capacity and reduce prices of drugs
Bom HC | “Are you prepared to introduce door to door vaccination for senior citizens?” HC sanctions door to door vaccination after noticing center’s disinclination to formulate a universal scheme
[Remdesivir shortage] Bom HC | “How such drug in such short supply, is available to Politicians and Actors for distribution to public at large?”HC pulls up state over inadequate crisis management
Bom HC | Do not insist on production of Aadhar Cards by correctional home inmates for Vaccination, HC directs State
Bom HC | “Article 21 casts corresponding duty on State to ensure no life is extinguished due to unavailability of oxygen”; HC tells State
Bom HC | Allow entry in Goa for medical emergency even without Covid negative certificate; HC modifies its earlier order. Deprecates DMs for amending Court orders on their own
Bom HC | Biovet Pvt. Ltd. allowed to use idle vaccine manufacturing unit for Covaxin production; directs Maharashtra to cooperate
Bom HC | “Not a case of sealing the borders”; HC tells State to ensure person entering in Goa carry a Covid-19 “negative” certificate
Hate Speech
Bom HC | “Extreme or harsh opinion is not a hate speech”; HC quashes FIR against Sunaina Holey terming it “hypersensitive and over cautious”
Search Warrant
Bom HC | What is proper procedure for executing a search warrant in a jurisdiction outside of issuing court? HC decides whether Ss. 101 and 105 CrPC are directory or mandatory
Calcutta High Court
Narada Scam
[Narada Scam Case] Cal HC| Court gives split verdict in relation to interim bail application; TMC leaders put under house arrest
Post-Poll Violence
Cal HC| Bengal Post Poll violence victims at liberty to file complaint at NHRC, WBHRC, NCW etc; Court directs the complaints be forwarded to DGP
Cal HC| Life and liberty of the people in the State of West Bengal is at stake; Court constitutes 5 Judge Bench
CM Mamta Banerjee’s Dharna at CBI office
Cal HC| CM Mamta Banerjee’s Dharna at CBI office: Public trust and confidence in the judicial system is more important; Mob cannot have an upper hand. TMC leaders’ bail stayed
Chhattisgarh High Court
COVID-19
Chh HC │ Redistribution of unused Antyodaya or other category vaccines at the end of the day: HC agrees to hear the matter. Read the current Vaccine Allocation plan
Chh HC │ Fixing a priority with reference to the ‘financial status’ is absolutely illegal; Violates “Right to Life”; State is directed to fix a reasonable ratio of allotment of vaccines
Judicial Separation
Chh HC | Judicial separation in place of divorce not to be granted mechanically in applications for divorce by mutual consent; Serious dispute not pre-requisite for seeking mutual consent
Delhi High Court
Arms Act
Del HC | If a firearm is recovered from possession of a person at the airport which he/she is unaware of can the person be punishable under S. 25 of Arms Act? HC answers
Arbitration
Del HC | Can International Arbitration Award be assailed on ground of patent illegality? Is it permissible for arbitrator to award compound interest? HC answers
COVID-19
Del HC | Government should consider waiver of complete Customs and other duties on the import of Amphotericin B; Imports to be done through a bond until the decision
Del HC | Seizure by police of oxygen concentrators and covid related equipment’s sold at high profit margins. Is it illegal? HC answers
Del HC | Movement of Advocates allowed during curfew on production of valid Bar ID Card; No officer of any authority shall humiliate Advocates on production of valid ID Card
Del HC | “I can’t breathe”; HC calls oxygen shortage a ‘George Floyd moment for the citizens’; holds imposition of IGST on oxygen concentrators imported by individuals, unconstitutional
Del HC | Breath Analyser Tests prejudicial to the interests of Air Traffic Controllers and Commercial Pilots during COVID 19; Court asks DGCA to issue comprehensive guidelines
Del HC | Threefold increase in cases in JNU campus in 3 weeks! What steps have you taken? Court asks JNU Registrar to file status report
Del HC | Union of India, Delhi Government asked to take immediate steps to ensure allocation of Tocilizumab 400 MG to States/UTs
Del HC | With about 150 out 200 beds being vacant, Delhi Govt asked to consider converting IHBAS into COVID facility
Del HC | ‘Release imperative in this hour of grief and personal loss’; Natasha Narwal gets bail for 3 weeks after father dies of COVID-19
Del HC | Exempt the employees dealing with medical and health insurance services from curfew restrictions; HC tells government of NCTD
Del HC | Severe shortage of Tocilizumab injections; 500 vials would not be sufficient for large number of critical COVID-19 patients in Delhi
Del HC | “Consider exempting Oxygen Concentrators from IGST”, HC tells Finance Ministry
Delhi HC comes down heavily on Central government; Warns Center of contempt proceedings if it fails to supply allocated medical Oxygen on urgent basis
Contempt Notice
Delhi HC issues Contempt notice to Center for non-supply of oxygen to NCT of Delhi
Foreign Contribution (Regulation) Act
Del HC | Are exemptions and relaxations under different Statutes a matter of right? Is it Government’s prerogative to exempt with or without stringent conditions under Foreign Contribution (Regulation) Act? Read on
Sexual Assault
Del HC | In a case of sexual assault, can Court act upon the testimony of a child victim? Can accused be convicted based upon the same? Read on
Migrant Workers
Del HC | Migrant Workers’ right to livelihood and free Medical aid; High Court directs Delhi government to form a structured Scheme for Unorganized workers within 2 weeks
Judicial System
Del HC | Any judicial system which does not provide finality to disputes, can never earn the trust, confidence and goodwill of the society: HC highlights ‘Consent Decree’ and ‘Lawful Compromise’
Right to be Forgotten
Del HC | Can a Court Order be removed from Online Platforms? HC to examine Right to Privacy and Right to Information of the Public and Maintenance of Transparency
Shared Household
Del HC | ‘Permanency’ as an element of ‘Shared Household’ concept under Domestic Violence Act: Can old-aged parents-in-law be restrained from selling their house in light of shared household consequences? Read Court’s proposition
Gauhati High Court
COVID-19
Gau HC | “What kind of test is being done for determination of COVID-19 infection?”; HC directs Assam government to set up Mobile Medical Units in Tea Gardens
Gau HC| People with insurance cover suffering from COVID denied treatment at private hospitals; Court to hear PIL
Gau HC | Court directs High Powered Committee to consider temporary release of female jail inmates with children
Bail
Gau HC | “Prima facie her personal views”; HC grants bail to the writer charged with sedition for her facebook post on maoist attack in Chhattisgarh
Gujarat High Court
Section 138 NI Act
Guj HC | Can offence under S. 138 NI Act compounded even after accused is convicted and sentenced to imprisonment? Read HC’s ruling
Himachal Pradesh High Court
[MV Act] HP HC│ Once a document has been admitted in evidence; any objection regarding its admissibility or mode of proof later is irregular
Bail
HP HC │ A minor girl raped, male friend beaten up, act video graphed and made viral; Clearly points to the perverted mind of the accused; Bail rejected
HP HC│ “NO MEANS NO”; Neither the absence of resistance nor the unwilling submission implies consent in any language; Bail rejected
COVID-19
HP HC │ War against the COVID is not to be fought by the Government alone; Private hospitals should not shirk from their duties and responsibilities; Specific Directions laid
Jammu and Kashmir High Court
Bail
J&K HC| Bail cannot be granted on the ground of delay unless the matter was pending for 5 years or more
Section 138 of Negotiable Instruments Act
J&K HC | Is ‘mens rea’ an important component to be proved while addressing issues under S. 138 NI Act? Explained
Inter-Faith Couple
J&K HC | Hindu woman embraces Islam to marry a Muslim man; HC grants protection to the inter-faith couple
COVID-19
J&K HC | “Consider making additional budgetary allocation for financial assistance of lawyers’ family”; HC tells Center
Preventive Detention
J&K HC | “Non-application of mind by detaining authority is fatal” HC sets aside order of preventive detention for alleged involvement in militant activities
Maintenance
J&K HC | “Rs. 2000 maintenance is not ‘exorbitant or excessive’ in present era of inflation”; HC questions existence of Talaq given through registered post.
Jharkhand High Court
Jhar HC │ Mandatory E pass requirement does not suffer from infirmity; Decision taken to combat the situation of acute surge in COVID-19 infection by exercising the power conferred under Disaster Management Act
Jhar HC| “Oxygen cylinders are of prime importance in saving life”; HC issues directions for release of Oxygen cylinders lying in judicial custody
Environment
Jhar HC│ Jharkhand Govt. must ensure that EIA is undertaken and Environment Management Plan prepared; All construction activities without prior environmental clearance to be stopped
Karnataka High Court
COVID-19
Kar HC │ Labs to give COVID results within 24 hours; Directions issued regarding dignified burial/ cremation,Vaccine Scarcity and its Allocation and Food Security; KSLSA COVID Monitoring Committee Report submitted
POCSO Act
Kar HC │ Can the statement recorded under Section 164 of CrPC be considered to be evidence under Section 35 of the POCSO Act? Whether the accused is entitled to bail in case the mandate under Section 35 of the POCSO Act has not been completed?
Motor Vehicles Act
[MV Act] Kar HC │ Necessary permits for running the business of bike taxis as transport vehicles: Can’t decide on this an emerging concept before application of mind by State on all aspects
Legislation
Kar HC│ One of the most profound tenets of Constitutionalism is presumption of Constitutionality assigned to each legislation enacted
Kerala High Court
Kerala Conservation of Paddy Land and Wetland Rules
Ker HC | “Area of the building is extraneous for grant permission for residential/commercial use”; HC holds Rule 12(9) of Conservation of Paddy Land and Wetland Rules ultra vires the Act
Swearing-in Ceremony | Elected Government
Ker HC| “Why spouses or relatives of each MLA are required to be present in the ceremony?”; HC allows physical Swearing-in ceremony of newly elected government with certain restriction
Registration of Marriage
Ker HC | Court allows Malayali couple stuck in Israel to register their marriage in Kerala via video conferencing
Defamatory
Ker HC | Release of controversial Malayalam film “Aquarium” stayed till further order apprehending it to be defamatory to Catholic Christians and nuns
Extra-Judicial Divorce
Ker HC | Muslim women’s right to Khula (extra-judicial divorce) revived; Patriarchal decision in K. C. Moyin overruled
Right to Practice
Ker HC | CAs Right to Practice: Can ICAI refuse to recognize retirement of CA from a firm? HC explains legal position
Madras High Court
Environment
Madras HC | Predatory activities of man resulting in nature losing her patience. Can hills and hillocks be given for exploitation even without any public interest? Succinct Report on Mining lease to carry Quarry Operations
Judges
Madras HC | “Not fair to expect judges to expend too much time, energy in proof-reading”: HC stresses counsels should reflect ‘distilled understanding’ while preparing drafts
Malicious Prosecution
Madras HC | Who is liable in suit for malicious prosecution; what is duty of civil court; where lies onus of proof? HC answers all, says no ‘second agnipariksha’ for plaintiff
Domestic Violence Act
Madras HC | Can Criminal Proceedings instituted under DV Act be converted as Civil Proceedings, so as to transfer such proceedings before Civil Court or Family Court while exercising supervisory powers under Art. 227 of Constitution? Read on
COVID-19
Madras HC | Resistance in certain sections of society to accept COVID-19 vaccine: Centre & State to take appropriate measures to allay misgivings. HC highlights issues on Oxygen supply, Cyclone ‘Yaas’, Mucormycosis & more
Madras HC | While distributing COVID-19 relief packages, ruling political party symbol should not be displayed: No political flavour to be given
Madras HC | COVID-19 assistance of Rs. 4000 to transgenders without a ration card: Notice issued to State Govt
Madras HC | Why are you not reviving Govt. Vaccine Institutes and Oxygen Plants? Notice to Govt as India faces vaccine and oxygen shortage
Decree of Divorce
Madras HC | 25 long years of separation, but no decree of divorce granted – Why? Read whether HC dissolves the marriage or not
Religious Procession
Madras HC| People can be religious; Men may be communal; but roads and streets are secular; Religious procession cannot be prohibited in an area inhabited by a different religious group
Madhya Pradesh High Court
COVID-19
MP HC | Police cannot take inappropriate disciplinary action and subject citizens to torture for not following lockdown norms; Court directs action
MP HC | Global tender issued by the different State Governments have failed to yield in positive result, Centre should take responsibility; Court continues hearing petitions regarding Black Fungus, Remdesivir, Vaccination etc
MP HC | Seized Remdesivir injections to be distributed to general patients; HC asks State to report on unused ventilators and fixation of charges in private hospitals
MP HC | Will Madhya Pradesh invite global tender for COVID-19 vaccines? HC seeks response from Government
MP HC | Advocate, located anywhere in the State, may apply for passes for himself or his staff, for attending office during the ongoing lockdown
National Security Act
MP HC | In case of violation of Food Safety and Standard Act, 2006 (FSSA), the provisions of NSA could be invoked? Court answers
Bail
MP HC | District Judiciary is extremely tight-fisted when it comes to granting bail, leads to burden on the High Court; Directions on arrest and bail issued to Police; Judicial Magistrates
Orissa High Court
Ori HC │ Children in Conflict with Law: JJ Act distinguishes between children below and above 16 years of age with regard to enquiry but not for the purpose of bail
Ori HC │ Exercise of suo motu power by Orissa High Court for designation of “Senior Advocates” ultravires the guidelines laid down Indira Jaising case; Power to Add/Delete/Modify in Rules lies only with Supreme Court
Patna High Court
Contempt Proceeding
Pat HC | “It’s a very serious matter that three Bangladeshi girls are kept in Nari Niketan”; HC warns Home Ministry of contempt proceedings for being unresponsive to Court queries
Senari Massacre
Pat HC | After 22 years of barbarous Senari Massacre the Court hands clean chit to 13 accused; HC reverses Trial Court’s order of death sentence
False Affidavit
Pat HC | 789 died in Buxar in 10 days while government records showed only 6 deaths; HC warns State of taking actions for filing false affidavit
COVID-19
Pat HC | “Migrants are returning, people in the rural area may get infected.” HC directs State to ensure availability of medicines and infrastructures at the district level
Pat HC | “Failure to provide timely treatment is antithetical to Article 21”; HC to State. Panchayat officials warned that failure to report deaths within 24 hrs may cost their posts
Pat HC | “Most of the directions have remained on paper”; HC expresses disappointment over State inactions
Punjab and Haryana High Court
Inordinate Delay in Investigation
P&H HC | Why is there inordinate delay in investigation? HC slams State for pendency of cases against Ex MPs/MLAs including Ex CM Bhupinder Singh Hooda
Rape
P&H HC |“Grisly and frightful! One can only hope it is fictitious”; HC calls it insensitive and deplorable to constitute all men SIT to investigate Rape allegation
Live-in Relationships
P&H HC | After two orders calling Live-in-relationships unacceptable, HC holds live-in couples are entitled to equal protection of laws as any other citizen
P&H HC | “Entire social fabric would be disturbed”; HC yet again refuses to grant protection to a live-in couple
P&H HC | ‘Live-in-relationships morally and socially unacceptable’; HC refuses to pass protection order to a live-in couple
COVID-19
P&H HC | “Ask the corporate houses to participate in fighting the crisis”; HC asks States to invoke Corporate Social Responsibility
P&H HC | “Consider home delivery of Oxygen cylinders for patients who are on oxygen support at home”; HC suggests deploying municipal workers for home delivery of oxygen
Rajasthan High Court
ICAI
Raj HC | “Over enthusiasm of attaining professional excellence should not stifle the speech of a student”; HC slams ICAI for withholding result of a student for criticizing the Institute
Sentence
Raj HC | Court dismisses application of temporary suspension of sentence to Asharam; followers cause law and order situations
COVID-19
Raj HC │”Deal with the situation on war footing”; Directions issued to curb beds, oxygen, Remdesivir shortage in Rajasthan
Telangana High Court
Trademark Dispute
[Name-Logo Dispute] Telangana HC | ‘GSK’ being widely known mark: GSK Life Sciences (P) Ltd. ordered to suitably delete word ‘GSK’; No violation of S. 35, TM Act found
Infidelity
Telangana HC | If one of spouses in a marital relationship is found to be guilty of infidelity, would it amount to causing mental cruelty to the other spouse? HC highlights concept of mental cruelty & desertion
Tripura High Court
COVID-19
Tri HC | State must ensure that the health those in jails and orphanages is not jeopardized; Directions issued to devise plans
Tri HC | Court takes suo moto action, asks State to provide detailed data to tackle with second wave of COVID 19
Sexual Harassment at Workplace
Tri HC | Tribunal is the court of first instance; Not open for the litigant to approach the High Court as a court of first instance
Service Matter
Tri HC | Claim of regularization can be made only within the four corners of a scheme framed by the government
Uttaranchal High Court
Utt HC | Degree of M.A. in Public Administration equivalent to a degree of M.A. in Political Science as per UGC; UKPSC directed to consider candidature for appointment as Assistant Professor
Bail
Utt HC | Bail is the rule and committal to jail is an exception; Court grants bail to accused in Scholarship Scam
Audi Alteram Partem
Utt HC | Order passed without giving an opportunity to be heard gross violation of natural justice; Court quashes order passed by Registrar
Admission Criteria
Utt HC | Can admission be denied if the selection process does not specify cut off marks? Court answers in AIIMS, Rishikesh PG Diploma Course
Principle of Interpretation
Utt HC| Principle of interpretation states that each part of the statute, rules or regulations should be given meaning so as to make them workable; Court quashes advertisement for recruitment for post of Assistant Clerk.
Briefs Prepared by: Prachi Bharadwaj, Nilufer Bhateja, Devika Sharma, Suchita Shukla, Kamini Sharma and Arunima Bose.