HIGH COURT APRIL 2023 ROUNDUP| 100+ Stories on Aarey Car Shed Project; Kanpur Bar Association Strike; Bhushan Steel scam; Rahul Gandhi’s Defamation Case; and more

ALLAHABAD HIGH COURT

[Non-supply of Inspection Report] Allahabad High Court declares State Government order, cancelling mining lease as arbitrary

In a petition filed against the order dated 16-3-2022 passed by the State Government thereby rejecting the revision preferred by the petitioner against the cancellation of mining lease vide order passed by District Magistrate (‘DM’), Banda, the Single Judge Bench of Alok Mathur, J held that the inquiry proceedings against the petitioner are in clear violation of the principles of natural justice and the defence of the petitioner has been severely prejudiced. Further, it was held that the ground of bias squarely applies to the facts of the present case and the order dated 16-03-2022 rejecting the revision is clearly illegal, arbitrary, and violative of Rule 58 of the Uttar Pradesh Minor Mineral (Concession) Rules, 1963 (‘Rules of 1963’). Read more

[Radhika Constructions v State of U.P., 2023 SCC OnLine All 119]

Kanpur Bar Association Strike| Seven-Judge Bench of Allahabad HC directs Kanpur Lawyers to resume work

In a public interest litigation, 7-Judge Bench of Pritinker Diwaker, C.J. Sunita Agarwal, Surya Prakash Kesarwani, Manoj Kumar Gupta, Anjani Kumar Mishra, Dr. Kaushal Jayendra Thaker, Mahesh Chandra Tripathi, JJ. while issuing notices, directed the lawyers to resume their work forthwith and to remove the contempt and warned that in case any hindrance is created by any of the lawyer or office bearers, then it would be viewed seriously. Read more

[Zila Adhivakta Sangh Allahabad, In re]

Allahabad High Court condemns ASI for not filing carbon dating report of Shivlingam inside the Gyanvapi Mosque

In a revision petition relating to Gyanvapi Mosque case Arvind Kumar Mishra-I, J. criticised the lethargic attitude on the part of the Director General, Archaeological Survey of India (‘ASI’), as highly deplorable, and gave last chance to submit its report on or before 17-04-2023. Read more

[Laxmi Devi v State of UP, 2023 SCC OnLine All 124]

Evidence of a sexual offence victim is entitled to great weight, even in absence of corroboration; Allahabad High Court reiterates

In an appeal against judgment and order passed by Additional Sessions Judge, wherein, the Court has convicted the appellant (‘convict’)for offences under Sections 376, 342 and 506 of the Penal Code, 1860 (‘IPC’) and sentenced him to ten years of rigorous imprisonment for charge under Section 376 IPC and Rs. 5,000/- fine with default stipulation, six months rigorous imprisonment for charge under Section 342 IPC and one-year rigorous imprisonment for charge under Section 506 IPC, Ram Manohar Narayan Mishra,J. opined that there is no misappreciation of evidence on record nor there is any legal error in the application of law by the Trial Court. Further, there is no factual or legal error found on the part of the Trial Court while recording conviction of the convict and awarding sentence against him. Read more

[Raje v. State of UP]

Violence in one form or other is not sine qua non for a group to qualify as a gang under UP Gangsters and Anti-Social Activities (Prevention) Act: Allahabad High Court

In an application filed under Section 482 of the Code of Criminal Procedure, 1973 Vinod Bihari Lal, Director of Sam Higginbottom University of Agriculture, Technology and Sciences (‘SHUATS’) seeking to quash the proceedings for offences under Section 2 read with 3 of Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 (‘Act, 1986’) JJ. Munir, J. held that violence in one form or the other is not sine qua non for a group of persons to qualify as a gang under Section 2(b) of the Act of 1986. Thus, the Court dismissed the application. Read more

[Vinod Bihari Lal v State of UP]

Husband cannot be summoned in cheque bounce case for cheque issued by wife as sole proprietor of a firm: Allahabad High Court

In an application under Section 482 of the Code of Criminal Procedure, 1973 to quash the entire criminal proceedings in criminal complaint case under Section 138 of the Negotiable Instruments Act, 1881, Umesh Chandra Sharma, J. held that the courts below could not examine the material available on record and based on relation that no person can be prosecuted, hence quashed the impugned order. Read more

[Pawan Garg v State of U.P, 2023 SCC OnLine All 141]

It is a curse for a society that women are still subjected to occult rituals to treat their infertility: Allahabad High Court rejects bail plea

In a bail application filed by the accused for offences under Section 439 Code of Criminal Procedure, 1973 (‘CrPC’) under Sections 498-A, 506, 504, 302, 508, 120-B and 34 of the Penal code, (‘IPC’), Saurabh Shyam Shamshery, J said that the mindset of accused and co-accused who still believe in occultism to be a cure of female infertility even before ascertaining that it might be a case of male infertility, is of persons living in stone age and not in 21st Century, where science as developed to such extent that even infertility (of male or of female) may be medically cured. Therefore, the Court rejected the bail application. Read more

[Durvesh v State of U.P, 2023 SCC OnLine All 139]

Allahabad High Court issues Contempt notice to District Court Advocate for stalking and sending obnoxious messages to a woman judge on her Facebook account

In a contempt case against an Advocate practising at District Court, the division bench of Ashwani Kumar Mishra and Vinod Diwakar, JJ. issued contempt notice to the Advocate for stalking and sending obnoxious and disturbing messages to the judicial officer on her Facebook account. Read more

[Abhay Pratap, In re, 2023 SCC OnLine All 136]

Allahabad High Court refuses to quash proceedings relating to widespread incidents of violation of public order during CAA-NRC protests in India

In an application filed under Section 482 of the Code of Criminal Procedure, 1973 (‘CrPC’) to quash the entire proceedings of a criminal case relating to widespread incidents of violation of public order by protesting against Citizenship (Amendment) Act, 2019, the National Register of Citizenship (Amendment) Bill, 2019., J.J. Munir,J. clarified that it does not mean to say that the charge against the accused persons are true, but there are materials in the case diary, which indicate that these could be true, and all this is a subject matter to be tested at the trial. Thus, rejected to quash proceedings. Read more

[Mohammad Talha v. State of U.P. 2023 SCC OnLine All 122]

Allahabad HC grants bail to road accident accused on a condition that he stands near AIIMS holding placards and distributes helmets

In a bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for offences under Sections 304, 201 of the Penal Code, 1860 (‘IPC’) after rejection of bail application passed by Sessions Judge, Saurabh Shyam Shamshery,J allowed the bail application with certain conditions, including a specific condition that the applicant shall remain at AIIMS hospital or two hours with a placard, having description of “Wear Helmet and Drive Safely” for a period of 15 days. Further, during this period, he shall also distribute 15 helmets. Read more

[Shakti Singh v State of UP, 2023 SCC OnLine All 132]

Criminal proceedings under S. 376 IPC and POCSO cannot be quashed based on compromise entered between accused and victim, Allahabad High Court reiterates

In an application under Section 482 of the Code of Criminal Procedure, 1973 for quashing the entire proceedings for offences under Sections 376, 363, 366, 504, 506 I.P.C. and Section 3 read with Section 4 POCSO Act, Ajai Kumar Srivastava-I, J. said that quashing of a case under Section 376 IPC read with Sections 3 and Section 4 POCSO Act based on compromise entered between the accused and the victim, is not legally permissible. Therefore, the Court dismissed the application. Read more

[Pravin Kumar Singh v State of U.P., 2023 SCC OnLine All 131]

Objectionable Facebook comments against Lord Shiva: Allahabad High Court refuses to quash proceedings

In an application under Section 482 of the Code of Criminal Procedure, 1973 challenging the proceedings for offences under Sections 153-A and 295-A of the Penal Code, 1860 (‘IPC’) and Section 66 of the Information Technology Act, 2000, J.J. Munir, J. rejected to quash the proceedings against the accused for posting objectionable comments on Facebook against Lord Shiva. Read more

[Asif v State of U.P., 2023 SCC OnLine All 129]

Allahabad HC frames Contempt charges against Kanpur Lawyers for continuing strike despite Court orders

In a public interest litigation owing to the continuous strike by the Kanpur Bar Association and the Lawyers’ Association, Kanpur, the 7-Judge Bench of Pritinker Diwaker, C.J. Sunita Agarwal, Surya Prakash Kesarwani, Manoj Kumar Gupta, Anjani Kumar Mishra, Dr. Kaushal Jayendra Thaker, Mahesh Chandra Tripathi, JJ. held that the noticees and the other office bearers, prima facie, are in deliberate and wilful contempt of this Court by interfering in the administration of justice, calling illegal strike since 16-3-2023 and thereby paralysing the judicial work in the district judgeship at Kanpur and they have made themselves liable to face contempt proceedings. Read more

[Zila Adhivakta Sangh Allahabad, In Re, 2023 SCC OnLine All 128]

Accused cannot rid themselves of liability by saying that they secured arms licenses through Arms dealer: Allahabad High Court

In an application under Section 482 of the Code of Criminal Procedure, 1973 (‘CrPC’) to quash the proceedings under Section 3 read with Section 25 of the Arms Act, 1959 J.J. Munir, J. said that the accused is to be blamed if he has approached an Arms Dealer to secure an arms license. The accused cannot rid themselves of their liability in the matter, by saying that they secured the arms licenses through the Durga Gun House. Further, directed the Principal Secretary, Lucknow, to ensure a thorough inquiry into the matter. Read more

[Dev Narayan Verma v State of UP, 2023 SCC OnLine All 123]

Insurance Companies have right to repudiate claim on non-disclosure of existence of previous policies during taking any fresh policy: Allahabad High Court

In an appeal filed challenging the impugned order, whereby the Insurance Ombudsman, (Western U.P. and Uttarakhand), has dismissed the complaint filed by the petitioner against rejection of her claim by the Senior Divisional Manager of the Life Insurance Corporation (‘LIC’) concerning the insurance policy, Kshitij Shailendra,J said that there is no good ground to interfere in the impugned orders, as mere payment of premium would not stop the insurance company from repudiating the claim as it is well within its rights to repudiate or reject the claim on the ground of non-disclosure of existence of previous policies at the time of taking any fresh policy. Read more

[Parul Agarwal v LIC, 2023 SCC OnLine All 125]

‘No prohibited animal or any meat of progeny of cow has been recovered’; Allahabad HC grants anticipatory bail to accused in Cow Slaughter case

In an anticipatory bail application filed by the accused /applicant for offences under Section 3 read with Section 5 and Section 8 of the U.P. Prevention of Cow Slaughter Act, 1955 Mohd. Faiz Alam Khan, J allowed the anticipatory bail plea of the accused. Read more

[Jugadi Alias Nijamuddin v State of UP, 2023 SCC OnLine All 121]

ANDHRA PRADESH HIGH COURT

Andhra Pradesh High Court quashes kidnapping proceedings against father proclaiming to be the lawful guardian of minor children under Mohammadian Law

The accused filed a criminal petition to quash the proceedings for offences punishable under Section 363 and 34 of Penal Code, 1860 (‘IPC’). While exercising its criminal jurisdiction, the Single Judge Bench of K. Sreenivasa Reddy, J., allowed the petition and quashed the FIR against the accused stating that the aforementioned sections were not attracted against him since he was the father and thus a lawful guardian of the children under the Muslim Law. Read more

[Mohammed Asif Ahammad v State of Andhra Pradesh, 2023 SCC OnLine AP 651]

Andhra Pradesh High Court bans rural sport involving Bulls – ‘Banda Laagudu Poteelu’

The petitioner filed the present petition to declare the action of the State (‘respondents’) as improper, wherein the permission to organize ‘Banda Laagudu Poteelu’ (Bull Race), ‘Pouranika Natakam’ (mythological play) and use of loudspeakers were denied in Remata Village, Kurnool District, Andhra Pradesh. Exercising its Writ jurisdiction, Single Judge Bench of B.S. Bhanumathi J., partly allowed the writ by allowing to conduct the mythological play but banned the permission to organise the Bull race, since it was in violation of Section 3 and 11(1)(a)(m) and (n) of the Prevention of Cruelty to Animals Act, 1960 (‘Act of 1960’). Read more

[Kappa Pedda Venkanna v. State of Andhra Pradesh, 2023 SCC OnLine AP 598]

BOMBAY HIGH COURT

“Recreational activities would include amusement or enjoyment-related leisure activities”; Bombay High Court directs MCGM to issue NOC for conducting ‘Ice-Cream Fest’

In a Writ Petition challenging rejection of application for conducting temporary ‘Ice-Cream Fest’ at Ghatkopar’s R City Mall from 28-4-2023 to 30-4-2023 by the Municipal Corporation of Greater Mumbai (‘MCGM’) on the ground that it is a commercial activity not permissible at a recreational/open space of the mall, the Division Bench of G.S. Kulkarni* and R.N. Laddha, JJ. Did not find any such restriction and directed the Municipal Corporation to grant permission/NOC to conduct Ice-Cream Fest at R Mall. Read more

[R Mall Developers Pvt. Ltd. v. Municipal Corporation of Greater Mumbai, 2023 SCC OnLine Bom 925]

Bombay High Court| Causing threat to stray dogs by using sticks would amount to Cruelty to Animals

n a petition filed by the petitioner regarding a dispute related to the designated feeding areas for the dogs and providing drinking water to the dogs, a Division Bench of G S Kulkarni and R N Laddha JJ., directed RNA Royale Park Co-operative Housing Society (‘Society’) (respondent) to entertain complaints from the petitioner and other members of the society in this regard, so that appropriate action can be taken against such Security Guards who are indulging in such actions. Read more

[Paromita Puthran v Municipal Corporation of Greater Mumbai]

S. 353 IPC not to be used as a tool to cover outright illegality; Bombay High Court quashes false FIR filed by State

In an application filed by the applicant seeking quashing of FIR registered in Aurangabad for the offenses punishable under Sections 353, 504, 506 read with Section 34 of Penal Code, 1860 (IPC), R M Joshi, J., allowed the application and quashed the FIR because no cognizable offense was made out against the applicant, to continue criminal prosecution on the basis of an apparently frivolous and malicious complaint that will result in an abuse of process of Court Read more

[Amer Khan v State of Maharashtra, 2023 SCC OnLine Bom 818]

[Aarey Car Shed Project] Sending text messages to IAS officer regarding preservation of trees does not constitute offence under S. 186 IPC| Bombay High Court

In a petition filed by Avijit Michael (accused) challenging the FIR filed against him alleging offence punishable under Section 186 of Penal Code, 1860 (IPC), a division bench of Sunil B Shukre and M M Sathaye JJ., held that by no stretch of the imagination, any offence punishable under Section 43(f) or 66 of the IT Act is made out in the present case. Read more

[Avijit Michael v State of Maharashtra, 2023 SCC OnLine Bom 779]

Cases where relationship turns sour cannot be inferred that the physical relationship established on every occasion was against will; Bombay High Court discharges accused in false promise of marriage

In a revision application challenging the order passed by Additional Sessions Judge on 1-3-2019 rejecting application for discharge of applicant on the ground that the present case is not one of consensual sexual intercourse as the prosecutrix’s complaint mentions some events of forcible act, Bharati Dangre, J. discharged the applicant and observed that it cannot be inferred that the physical relationship established on every occasion was against her will or without consent. Read more

[X v. State of Maharashtra, 2023 SCC OnLine Bom 765]

Interim Relief to ‘Phonepe’ denied in trademark infringement suit; Trademarks ‘phonepe’ and ‘postpe’ have no phonetic similarity: Bombay High Court

In an application filed by PhonePe Private Limited (applicant) seeking interim relief, the Single-Judge Bench of Manish Pitale, J., dismissed the application on the grounds that the plaintiff failed to demonstrate a prime facie case that the defendant has copied the central, essential or fundamental features of the registered trademark of the plaintiff. Read more

[PhonePe Private Limited v. Resilient Innovations Private Limited; 2023 SCC OnLine Bom 764]

Bombay High Court upholds acquittal of a driver being accused of negligent driving and death of a bicycle driver for lack of evidence

In an appeal filed by State of Maharashtra (appellants) challenging the acquittal order passed by Judicial Magistrate, First Class, Tagaon for Kuldeep Subhash Pawar (respondent) for being charged for being responsible of the death of the bicycle driver and one bullock, S M Modak, J., upheld the decision of the Trial Court for want of evidence, because even the Trial Court could not conclude about rash and negligent driving by the respondent. Read more

[State of Maharashtra v Kuldeep Subhash Pawar, 2023 SCC OnLine Bom 762]

CALCUTTA HIGH COURT

[Police Atrocity Case] Calcutta High Court orders ₹2 lakh compensation to atone laches in allegedly ‘falsely implicated’ case

While observing that “there is a need to remind ourselves that rights of individuals is the citadel of democracy and every violation would be an attack on civilized society”, Shampa Sarkar*, J. directed the West Bengal government to pay ₹2 lakh compensation to the family of a man arrested without following the due procedure. Read more

[Sunita Shukla v. State of W.B., 2023 SCC OnLine Cal 957]

Arbitral award itself stands vitiated, if passed by unilaterally appointed arbitrator(s): Calcutta High Court.

While dismissing the application seeking execution of an arbitral award, Shekhar B. Saraf*, J., held that the said award itself stands vitiated as the same is passed by a unilaterally appointed arbitrator, thus lacking inherent jurisdiction to adjudicate disputes between the parties. Read more

[Srei Equipment Finance Ltd. v. Sadhan Mandal, 2023 SCC OnLine Cal 831]

New owners not liable for past dues and entitled to new connections despite refusal to pay, if nexus is not proved: Calcutta High Court

A Division Bench comprising of Prakash Shrivastava*, CJ. and Rajarshi Bharadwaj, J., held that that unless a “nexus” is proved between the seller and purchaser, the onus of which lies upon the appellant (as per the West Bengal Electricity Rules and Code), the appellant cannot claim past dues from the new owner of the premises and refusal to pay such amount cannot be a ground to deny “new connection”. Read more

[W.B. State Electricity Distribution Co. Ltd. v. Transmission & Distribution (India) Ltd., 2023 SCC OnLine Cal 667]

DELHI HIGH COURT

Commissioner of CGST and Central Excise cannot continue adjudication proceedings after the inordinate delay of 13 years: Delhi High Court

In a case wherein a show cause notice and a letter for recommencing the proceedings, issued by Commissioner of CGST & Central Excise, Goods and Service Tax Commissionerate, Delhi was challenged stating that such proceedings were barred by limitation as the proceedings failed to be concluded within a reasonable period from the date of issuance of the impugned show cause notice, the Division Bench of Vibhu Bakhru* and Amit Mahajan, JJ. held that the proceedings pursuant to the adjudication impugned show cause notice were inordinately delayed and it was now impermissible to continue the said proceedings. Read more

[Nanu Ram Goyal v. Commissioner of CGST and Central Excise, Delhi, 2023 SCC OnLine Del 2188]

Delhi High Court | Bella Estate, Delhi residents not entitled to rehabilitation as per DUSIB Policy, 2015

In a petition filed by Bella Estate Mazdoor Basti Samiti (petitioner) challenging the eviction notices issued by Delhi Development Authority (respondent 2) to the residents of the estate, and seeking a stay on such eviction, Gaurang Kanth J., held that the petitioner has neither proved the that the jhuggi jhopdi clusters in Bela Estate were notified by DUSIB nor it has proved that the jhuggis in these clusters were constructed before the date of 01-01-2015, thus, they are not entitled to the relief of rehabilitation as per Delhi Slum and JJ Rehabilitation and Relocation Policy, 2015 (DUSIB Policy, 2015). Read more

[Bella Estate Mazdoor Basti Samiti v. Delhi Urban Shelter Improvement Board, 2023 SCC OnLine Del 1820]

Delhi High Court | CPIO, PIO, CIC cannot assess the impact of disclosure of confidential information in anti-dumping proceedings; No inconsistency between RTI Act and Anti-Dumping Rules

In a petition filed by Union of India (petitioner) challenging the order passed by the Central Information Commission (CIC) directing the Directorate General of Anti-Dumping and Allied Duties to provide the information sought by the Right to Information (RTI) applicant, Mr. Arvind M. Kapoor (respondent), Prathiba M Singh, J. set aside the impugned order and held that the authorities under the RTI Act, the CPIO, PIO, First Appellate Authority and the CIC would not have the requisite expertise or wherewithal to comment upon or assess the impact of disclosure of confidential information submitted or obtained in anti-dumping proceedings. Read more

[Union of India v Arvind M Kapoor, 2023 SCC OnLine Del 1803]

Delhi High Court grants permanent injunction to Google LLC for its mark “GOOGLE” and awards Rs. 10 lakhs as damages in a trade mark infringement case

In a case wherein Google LLC was adversely affected by the defendants’ actions of misusing the mark “GOOGLE” and falsely claiming an association with them to deceitfully mislead the public, a Single Judge Bench of Sanjeev Narula, J.* granted permanent injunction in favour of Goggle LLC and held that the defendants were guilty of infringement and passing off the mark “GOOGLE”. Read more

[Google LLC v. Google Enterprises (P) Ltd., 2023 SCC OnLine Del 1949]

Failure to take due care while driving and overtaking amount to rash and negligent driving: Delhi High Court

By way of an appeal, the appellants had sought an enhancement of the compensation awarded by the Motor Accidents Claims Tribunal, Dwarka Courts, New Delhi (‘MAC Tribunal’). The petitioner challenged the order passed by the MAC Tribunal whereby they were awarded compensation amounting to INR 17,49,491/- with an interest of 7.5% per annum, from the date of filing the petition, till realization was made by the Insurance Company (respondent 3). Further a deduction of 20% was also made towards contributory negligence in the awarded amount. The Single Judge Bench of Gaurang Kanth, J. held that failing to take due care while driving and overtaking would amount to rash and negligent driving. Therefore, while agreeing with the MAC Tribunal’s finding, the Court went on to increase the compensation on the ground of future prospects and loss of dependency among others. The total amount payable in terms of compensation was finally set at INR 33 lakhs. Read more

[Sushila Devi v Sandeep Kumar (United India Insurance Co. Ltd.), 2023 SCC OnLine Del 1896]

Delhi High Court refuses bail to former AAP leader Satyender Jain, co-accused Vaibhav Jain and Ankush Jain in money laundering case

In a petition filed by Satyender Jain (petitioner) and co-accused Vaibhav Jain and Ankush Jain (co-petitioners) seeking bail for an offence punishable under Section 4 of the Prevention of Money Laundering Act, 2002 (PMLA), Dinesh Kumar Sharma, J., held that petitioners have failed to meet the twin conditions as provided under Section 45 PMLA as well as the conditions as laid down under Section 439 Criminal Procedure Code (CrPC) and are thus not entitled to bail. Read more

[Satyender Kumar Jain v Enforcement Directorate, 2023 SCC OnLine Del 1953]

Delhi High Court upholds bail granted to the former director of BPSL Aarti Singhal in Bhushan Steel scam

In a petition filed by the Serious Fraud Investigation Office (SFIO) (petitioner) seeking to set aside the order passed by Special Judge (Companies Act), Dwarka, New Delhi wherein regular bail has been granted to the accused Aarti Singhal (respondent) with respect to the offence under Section 447 Companies Act, 2013, investigated by SFIO on the basis of the proviso to Section 212(6) of the Companies Act, 2013, Dinesh Kumar Sharma, J., held that the order granting bail is a well-reasoned order and has been based on proper material on record considering several incidental aspects around the case, thus, there seems no infirmity with the order which requires the interference of the Court. Read more

[Serious Fraud Investigation Office v Aarti Singhal, 2023 SCC OnLine Del 1956]

Delhi High Court refuses bail to Justdial employee alleged of duping people on the pretext of getting their loans sanctioned under the ‘PM Mudra Loan’

In a bail application filed by accused (bail-applicant) under Section 438 of the Criminal Procedure Code (CrPC) seeking a grant of anticipatory bail due to an FIR registered under Sections 419, 420, 468, 471, 120-B and 34 of Penal Code, 1860 (IPC), Amit Sharma, J. rejected anticipatory bail to the accused because the grant of the same would prejudice the ongoing investigation in the present FIR. Read more

[Haresh Kumar Chaudhary v State NCT of Delhi, 2023 SCC OnLine Del 1877]

Suits not to be dismissed on technical grounds of procedural irregularity: Delhi High Court

By way of an appeal, Pawan Hans Helicopters Ltd (’Appellants’) challenged the order passed by the Additional District Judge which had dismissed the suit on a technical ground as it had not been instituted by a duly authorised person despite coming to the conclusion that the appellant was entitled to a sum of INR 4,86,914’ towards the amount due from the respondent on account of sale of tickets as well unauthorized use of the complimentary ticket. The Single Judge Bench of V. Kameswar Rao, J., set aside the impugned judgement to the extent whereby the Trial Court hasheld that the suit was not filed by the authorised person but upheld the rest of the judgment. Read more

[Pawan Hans Helicopters Ltd. v. Nidheesh Tours and Travels Pvt. Ltd., 2023 SCC OnLine Del 1574]

Delhi High Court directs MoEF to review DOAS technology for regulatory measurements of ambient air quality under NAAQS

In a petition filed by the petitioner (Nevco Engineers Private Limited), seeking quashing of a letter issued by Central Pollution Control Board (‘CPCB’) (respondent) insofar as it seeks to ban the petitioner’s technology i.e., Differential Optical Absorption Spectroscopy (DOAS), Prathiba M Singh, J., directed the Ministry of Environment, Forest and Climate Change (MoEF) to review the Guidelines for the Measurement of Ambient Air Pollutants, 2012 and consider the Review Report submitted by the IIT Kanpur and take a decision in respect of approval of DOAS technology for National Ambient Air Quality Standards (NAAQS), as also for monitoring of Continuous Emission Monitoring Systems (‘CEMS’). Read more

[Nevco Engineers Private Limited v Central Pollution Control Board, 2023 SCC OnLine Del 1903]

Whether Doctrine of lis pendens applicable on in-service contracts? Delhi High Court answers

In an appeal under Section 37(2)(b) of the Arbitration and Conciliation Act, 1996 (‘Arbitration Act’), Chandra Dhari Singh, J. contemplated the scope of Section 37 of Arbitration Actalong with applicability of lis pendens and upheld the impugned order of the Arbitrator in favour of State, while opining that all the relevant material was taken into consideration. Read more

[Jayant Kumar Ghosh Outdoor Catering (P) Ltd v. State of Maharashtra]

Delhi High Court issues directions and recommendations to MEITY and Delhi Police to deal cases regarding Non-consensual intimate images dissemination

In a writ petition filed by the petitioner, a married woman with a nine-year-old son seeking the blocking of certain sites exhibiting intimate images of the Petitioner, and for registration of a First Information Report (FIR) arising out of the complaint dated 03-08-2021 made by the Petitioner to Lajpat Nagar Police Station, New Delhi. Subramonium Prasad J., issued directions and recommendations to the intermediaries, the Ministry of Electronics and Information Technology (MEITY), as well as the Delhi Police, for ensuring that cases related to Non-Consensual Intimate Images are dealt with in a manner that minimises the trauma caused to the victim and resolves the problem. Read more

[Mrs. X v Union of India, 2023 SCC OnLine Del 2361]

Agreement specifying ‘no interest to be granted’ takes away Arbitrator’s power to deviate and grant his own interest rate: Delhi High Court

A Single Judge Bench of Chandra Dhari Singh, J.* held that the impugned Award with regards to the rate of interest was liable to be set aside, as the Sole Arbitrator had erred in decreeing the award w.r.t. the rate of interest by granting an interest at the rate of 14%, when it was expressly stipulated and agreed upon by the parties in the Agreement that the respondent should not be entitled to any interest on arrears of payments. Read more

[Tehri Hydro Development Corpn. India Ltd. v. C.E.C. Ltd., 2023 SCC OnLine Del 2354]

[Online Fantasy Sports] Delhi High Court refuses injunction sought against Mobile Premier League and its app ‘Striker’

In a suit filed by Digital Collectibles Pte. Ltd. (plaintiff), a company incorporated in Singapore and carries on its business in India and worldwide under the trade name “Rario,” primarily through its website and related mobile applications seeking relief of permanent injunction, on account of unlawful use of player marks and other attributes of plaintiffs no. 2 to 6, which amounts to unfair competition (including passing off); unjust enrichment; tortious or unlawful interference with economic interest of the plaintiffs; and, (iv) breach of personality rights of plaintiffs no.2 to 6. Amit Bansal J. held that the defendants were already running their game for almost six months and the grant of an ex-parte injunction order would gravely prejudice the business of the defendants, who are direct competitors of plaintiff 1 in the Online Fantasy Sports industry. Read more

[Digital Collectibles Pte Ltd. v. Galactus Funware Technology Pvt. Ltd., 2023 SCC OnLine Del 2306]

Delhi High Court restrains Samaira Jewels from counterfeiting BVLGARI jewelry collection

The plaintiff alleged piracy by the defendants of design registrations, held by the plaintiff, in respect of jewellery collections sold under the names ‘SERPENTI’, ‘BVLGARI BVLGARI’, ‘B. ZEROI’, ‘INTARSIO’, ‘DIVA’s DREAM’ and ‘FIOREVER’. While exercising its commercial jurisdiction, the Single Judge Bench of C. Harishankar J.J., restrained the defendants from advertising or referring in any manner to the said designs and marks on any sites or locations, virtual or physical. Read more

[Bvlgari Spa v Samaira Jewels Private Limited, 2023 SCC OnLine Del 2161]

Delhi High Court refuses to quash FIR against doctor accused of carrying out illegal sex determination; issues direction for proper implementation of PCPNDT (Prohibition of Sex Selection) Act.

In a case wherein a petition was filed under Section 482 of Criminal Procedure Code, 1973 (“CrPC”) for quashing of FIR registered for offences punishable under Sections 3-A, 4, 5, 6, 23, 29 of Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (‘PC&PNDT Act’) and all proceedings emanating therefrom, a Single Judge Bench of Swarana Kanta Sharma, J.* held that cognizance taken by the Trial Court in absence of any complaint filed by Appropriate Authority under Section 28 of PC&PNDT Act, was bad in law, and thus, the Court set aside the order of the Trial Court. Further, the Court held that no grounds for quashing of FIR were made out since registration of FIR upon a complaint lodged by Appropriate Authority or any person authorized on its behalf disclosing cognizable offence, conduct of investigation and filing of chargesheet was not barred under the PC&PNDT Act. Read more

[Manoj Krishan Ahuja v. State (NCT of Delhi), 2023 SCC OnLine Del 2303]

Delhi High Court grants interim injunction in favour of Red Chillies Entertainment for taking down upcoming film ‘Jawan’ leaked clips

In a suit filed by Red Chillies Entertainments Pvt. Ltd. (plaintiff) seeking there is an abysmal absence of a collaborative effort that should ideally be undertaken by the intermediaries and the State, C. Hari Shankar, J., restrained the defendants from copying, recording, reproducing, allowing recording, transmitting, communicating or making available for distribution, duplication, display or release, exhibiting or playing in any manner, any stills, audio/video clips, songs, recordings or other proprietary information relating to the cinematographic film “Jawan” or any part thereof without a proper license from the plaintiff, through any medium. Read more

[Red Chillies Entertainment Pvt. Ltd. v. Ashok Kumar]

Bereft senior citizen in-laws have the right to maintain peaceful possession of self-acquired property; Delhi High Court affirms eviction order of daughter-in-law

The Letters Patent Appeal was filed to challenge the order passed by the Single Judge of the Delhi High Court wherein the order passed by the Appellate Authority under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (‘Senior Citizen Act’) and its amended rules was upheld and had in turn rejected the appeal preferred against the order passed by the District Magistrate who took cognizance of the complaint and allowed the application filed by respondent 1 ordering for eviction of the appellant from the disputed property located in Najafgarh, New Delhi. The division bench of Satish Chandra Sharma, CJ., and Subramonium Prasad*, J., upheld the orders of eviction of the appellant passed by the District Magistrate and the order passed by the Single Judge Bench of Delhi High Court and stated that they could not be faulted keeping in mind the aims and objectives of the Senior Citizens Act and its accompanying rules as amended from time to time. Read more

[Saraswati Devi v Ganga Ram Sharma, 2023 SCC OnLine Del 2093]

Delhi High Court stays use of ‘BURGER KING’ mark in a rectification petition filed by Burger King Co. LLC against a family restaurant

In a case wherein a rectification petition had been filed for cancellation/removal of the impugned mark use of burger king mark registered in Class 43 from the Register of Trade Marks, a Single Judge Bench of Amit Bansal, J.* opined that the impugned mark had been adopted dishonestly, to trade upon the established goodwill and reputation of the petitioner and the nature of the impugned mark was such that it was likely to deceive public and create confusion in the market. The Court, therefore, stayed the operation of the impugned mark in Class 43, till the final adjudication of the rectification petition. Read more

[Burger King Co. LLC v. Virendra Kumar Gupta, 2023 SCC OnLine Del 2292]

Delhi High Court directs CCI to take up applications filed by Start-up companies challenging Google’s New Billing Policy

In a petition filed by Alliance of Digital India Foundation (petitioner) seeking direction from the Court that the Competition Commission of India (CCI) (respondent) can validly invoke the doctrine of necessity for initiating non-compliance proceedings against Google and issue an appropriate order/ direction to Respondent 1 for timely adjudication of the interim relief application and the application under Section 42 of the Competition Act, 2002 regarding non-effective compliance by Google of the CCI’s final order directing to keep UCB’s implementation in abeyance till the adjudication by the CCI. Tushar Rao Gedela, J., held that there is no impediment, legal or otherwise, in directing the CCI to take up the applications under Section 42 of the Act, as filed by the petitioner, for hearing and considering the same in accordance with law on or before 26-04-2023 Read more

[Alliance of Digital India Foundation v Competition Commission of India, 2023 SCC OnLine Del 2330]

Delhi High Court holds Officials guilty of Contempt of Court for wilful disobedience of Court’s order directing to enhance staff’s minimum wage

In a case wherein petitions were filed under Section 12 of the Contempt of Courts Act, 1971 to seek initiation of contempt proceedings against the respondents for wilful disobedience of the directions issued by the Division Bench of this Court, a Single Judge Bench of Rekha Palli, J.* opined that the defense taken by the respondents that there was no requirement to work out the incremental increase separately for each cluster, was wholly misconceived. Thus, the Court held that the respondents were guilty of Contempt of Court for wilfully disobeying the orders passed by the Division Bench of this Court. Read more

[Antony Road Transport Solution (P) Ltd. v. Varsha Joshi, 2023 SCC OnLine Del 2266]

Delhi High Court restrains Advance Technologies from using logo similar to The Boeing Company; Directs costs upto 5 lakhs

In a suit filed by The Boeing Company (plaintiff) seeking relief of permanent injunction restraining the defendants from infringing the trademarks and copyrights of the plaintiffs, passing off their goods as that of the plaintiffs, and other ancillary reliefs, Amit Bansal, J., passed the decree of injunction in favour of the plaintiffs for Rs. 3,00,000/- towards damages to be paid by the defendants within four weeks. Read more

[The Boeing Company v Advance Technologies, 2023 SCC OnLine Del 2253]

‘Blatantly infringed Louis Vuitton marks’; Delhi High Court grants permanent injunction and imposes Rs. 9.59 lakh costs on the manufacturers for selling counterfeit goods

A Single Judge Bench of Amit Bansal, J.* granted permanent injunction to Louis Vuitton, a French luxury fashion, for its marks “Louis Vuitton, initials “LV”, Toile monogram pattern, Dameir pattern and LV flower pattern. Further, the Court held that the defendants had blatantly infringed the said marks and hence, were entitled to pay costs of Rs. 9.59 lakh to the plaintiff. Read more

[Louis Vuitton Malletier v. Santosh, 2023 SCC OnLine Del 2183]

Delhi High Court restrains Bollywood Time and other YouTube channels from reporting fake news regarding Aaradhya Bachchan’s health

In a suit filed by Aaradhya Bachchan (plaintiff), granddaughter of yesteryear actor, Amitabh Bachchan, seeking an injunction against various YouTube channels reporting claims regarding her physical and mental health, C Hari Shankar, J., restrained various YouTube channels from disseminating any misleading information stating that reporting news of such kind for an 11-year-old child is against the basic tenets of the law. Read more

[Aaradhya Bachchan v Bollywood Time]

Conclusive foreign judgment would be enforceable in India: Delhi High Court

The execution petition was instituted for the enforcement of a foreign judgement dated 16-10-2020 passed by the High Court of Justice Business and Property Courts of England and Wales Commercial Court (‘High Court of England’) according to the provision of Section 44-A of Code of Civil Procedure, 1908 (‘CPC’) wherein the judgment debtor was liable to pay a sum of USD 47,779,823.02/- together with a sum of GBP 72,741.13/- for costs along with interest at 8%. Certificate for enforcement of the aforesaid judgment in a foreign country in accordance with Section 10 of the Foreign Judgment (Reciprocal Enforcement) Act, 1933 came to be granted dated 23-12-2020. Thus, the present petition.

[TransAsia Private Capital Limited v Gaurav Dhawan, 2023 SCC OnLine Del 1957]

Delhi High Court upholds constitutional validity of Centre notifications imposing GST on auto, buses booked through Uber

A batch of petitions was filed by Uber India Systems Private Limited (Petitioner 1), Pragatisheel Auto Rickshaw Driver Union (Petitioner 2’) and IBIBO Group Private Limited along with Make My Trip (India) Private Limited (Petitioner 3) challenging the Clauses (iii) and (iv) of notification relating to Central Tax (Rate) and Clauses 1(i) and 2(i) of relating to Central Tax (Rate) dated 18-11-2021 (impugned Notifications) issued by Union of India (respondent), as ultra vires to the Constitution and Section 9(5) and 11 of Central Goods and Service Tax Act, 2017 (CGST Act). A division bench of Manmohan and Manmeet Pritam Singh Arora, JJ., held that the impugned clauses are not violative of Articles 14, 19(1)(g), and 21 of the Constitution as petitioners 1, 2, and 3 have failed to prove that they are similarly placed with the individual suppliers to whom the exemption have already been granted, this Court is of the opinion that the Respondents are well within their purview to deny the exemption to the ECOs like the Petitioner 1 and 3 in view of the impugned Notifications. Read more

[Uber India Systems Private Limited v Union of India, 2023 SCC OnLine Del 2216]

Delhi High Court restrains 40 rogue websites from illegally hosting, streaming, reproducing, and distributing of original cinematographic work of entertainment companies.

In a case wherein a suit was filed for permanent injunction and damages for the infringement of exclusive rights in the plaintiffs’ original content/work against the rogue websites which were indulged in online piracy by making original content available for download and also provided access to infringing and illegal content, a Single Judge Bench of Amit Bansal, J* restrained the defendants from hosting, streaming, reproducing and distributing any original copyrighted cinematographic work, content, programme and show in relation to which the plaintiffs had a copyright. Read more

[Universal City Studios LLC v. Fzmovies.net, 2023 SCC OnLine Del 2182]

Delhi High Court gives one month time to Government to decide on the plea of Recognition of Transgender Community as third gender for free travel in DTC buses

In a case wherein petition was filed for recognition of transgender community as a third gender for providing free travel to them in buses, a Single Judge Bench of Manpreet Pritam Singh Arora, J.* directed the Government the decide the said matter within one month, failing which the Managing Director of Delhi Transport Corporation (“DTC”), Respondent 2 should remain present in the Court on the next date of hearing. Read more

[Amit Juyal v. Govt. (NCT of Delhi)]

Delhi High Court extends scope of Section 16 of Court Fees Act, 1870 to cases where suit is stayed due to imposition of moratorium

In a case wherein an application was filed for the refund of the court fees, a Single Judge Bench of Yashwant Varma, J.* took purposive interpretation of Section 16 of the Court Fees Act, 1870 and extended its scope even to the cases in which the suit was stayed due to imposition of moratorium. The Court opined that such suits would relate to the settlement of claims, hence, would fall within the scope of Section 16 of the Court Fees Act, 1870. Read more

[Proud Securities and Credits (P) Ltd. v. Urrshila Kerkar, 2023 SCC OnLine Del 2270]

Whether victim’s right to be heard includes the obligation to be impleaded as a party in criminal proceedings; Delhi High Court answers

A Single Judge Bench of Anup Jairam Bhambhani, J.* held that a sexual offence victim had unbridled participatory rights in all criminal proceedings in relation to which the person was a victim, but that was no reason to implead that victim as a party to any such proceedings, unless specifically provided in the statute Read more

[Saleem v. State (NCT of Delhi), 2023 SCC OnLine Del 2190]

Possession of a third firearm by a member of a rifle association or rifle club is illegal; Delhi High Court refuses relief to a senior advocate having three firearms

An appeal filed by Meet Malhotra (appellant) who is a designated Senior Advocate of the Court and who is a life member of the National Rifle Association of India, challenging the communication dated 31-08-2021 issued by the Office of the Additional Commissioner of Police (Licensing) which was based on the amendments made to Section 3 of the Arms Act, 1959 (‘Arms Act’) by way of the Arms (Amendment) Act 2019. It also raises a question regarding the interpretation of Section 3 of the Arms Act i.e., whether a member of the Rifle Club or Rifle Association, which is licensed and recognized by the Central Government, can, in addition to two firearms, possess a .22 bore rifle or an air rifle for target practice or not. A division bench of Satish Chandra Sharma and Subramonium Prasad, JJ., held that a member of the rifle club or association does not fall under the exempted category under Section 41 of Arms (Amendment) Act. Read more

[Meet Malhotra v Union of India, 2023 SCC OnLine Del 2163]

Delhi High Court upholds acquittal of constable giving the benefit of non-compliance of S. 50 NDPS Act

A petition filed by the Additional Commissioner of Police (Security) (petitioner) challenging the order passed by the Central Administrative Tribunal whereby the Tribunal held that the acquittal of constable Dinesh Kumar (respondent) under Sections 20 and 29 of Narcotics Drugs and Psychotropic Substances Act, 1985 (NDPS Act) vide judgment dated 15-02-2002 cannot be held to be on ‘technical grounds’ but is substantially on merits of the case and in the circumstances it would not be proper for the Disciplinary Authority to proceed on identical facts and on the same charge so as to come to a different finding in the departmental proceedings. A division bench of V. Kameswar Rao and Anoop Kumar Mendiratta, JJ., held that the proceedings against the respondent on the same charge based upon the evidence cited in the criminal case shall not be permissible in law. Read more

[Additional Commissioner of Police Security v Dinesh Kumar, 2023 SCC OnLine Del 2189]

Writ jurisdiction cannot be invoked to avoid contractual obligations or to modify the contract: Delhi High Court upholds Single Judge’s decision

The Division Bench of Satish Chandra Sharma, C.J. and Subramonium Prasad, J.* dismissed the Letters Patent Appeal and upheld the decision of a Single Judge that the appellant could not invoke the extraordinary writ jurisdiction of the High Court under Article 226 of the Constitution and the disputes arising between the parties should be resolved in accordance with the Contract Act and in appropriate civil proceedings before the appropriate Court. Read more

[MEP Infrastructure Developers Ltd. v. South Delhi Municipal Corporation, 2023 SCC OnLine Del 2088]

[Domex v Harpic] A false advertisement campaign would cause irreparable loss to Reckitt; Delhi High Court restrains Domex’s advertisement disparaging Harpic

In an intra-court appeal filed by Hindustan Unilever Limited (appellant) challenging a judgment passed by Single Judge whereby the appellant was restrained from publishing a print advertisement (‘impugned advertisement’) and airing three YouTube videos (‘impugned videos’). The toilet cleaner sold under the tradename ‘Domex’, was found to be prima facie, disparaging the toilet cleaner sold by Reckitt Benckiser (respondent) under its trademark ‘Harpic’. A division bench of Vibhu Bakhru and Amit Mahajan, JJ., held that upholds the decision of the Single Judge as the balance of convenience lies in favor of Reckitt. Read more

[Hindustan Unilever Limited v Reckitt Benckiser (India) Private Limited, 2023 SCC OnLine Del 2133]

Delhi High Court affirms Dart Properties Private Limited’s right to walk, take over and run cinema hall as Reliance Mediaworks subsidiary CVPL defaults Rs 50 Lakhs payment

In a contempt petition filed by Dart Properties Private Limited (petitioner) under Article 215 of the Constitution with Sections 11 and 12 of the Contempt of Courts Act, 1971 highlighting the wilful and deliberate non-compliance by the Director, Cinema Ventures Private Limited (respondent/contemnor) of the order dated 02-03-2023 passed by the Court whereby an undertaking was given stating that on payment of the outstanding amount, the keys of the premises will be handed over to the respondent and in case of non-compliance, the petitioner will attain full right to walk into the premises, take it over and operate the cinema hall. A Division Bench of Najmi Waziri and Sudhir Kumar Jain, JJ., held that the petitioner has the right to walk into the premises, take it over and start running the cinema hall, thus, the default by the respondent cannot undo the understanding nor resile from it. Read more

[Dart Properties Private Limited v Cinema Ventures Private Limited, 2023 SCC OnLine Del 2085]

Delhi High Court upholds ban on flavoured/ scented Tobacco, Gutka, Pan Masala; holds ‘Ban’ is a policy decision not subject to judicial review

In a batch of appeals filed by the Commissioner, Food Safety (appellants) challenging the validity of the judgment dated 27-09-2022 as well as the Notification dated 25-03-2015 passed by the Commissioner (Food Safety), GNCTD prohibiting the manufacture, storage, distribution or sale of tobacco, flavoured/scented, or mixed with any of the said additives and described as gutka, pan masala, flavoured/scented tobacco, kharra or otherwise called by any other name in its packaged or unpackaged form and sold either separately or as one composite product in the National Capital Territory, the Division Bench of Satish Chandra Sharma CJ., and Yashwant Verma, JJ., set aside the judgment quashing these notifications and held that Article 14 of the Constitution does not warrant the impugned notifications to be set aside. Read more

[Commissioner, Food Safety, GNCTD v Sugandhi Snuff King Private Limited, 2023 SCC OnLine Del 2003]

‘Injured lawyer’s complaint cannot be dismissed because he has drafting skills’; Delhi High Court denies anticipatory bail plea

The applicant sought anticipatory bail for offences punishable under Section 308, 323, 341, 41 of the Penal Code, 1860 (‘IPC’). While exercising its jurisdiction to entertain the bail application, the Single Judge Bench of Swarana Kanta Sharma J., denied anticipatory bail to the man accused of causing hurt to an individual by hitting his head with an iron rod and observed that merely because the complainant was a lawyer by profession, his complaint cannot be disregarded merely on the ground that he knows how to draft it. Read more

[Sawan v State, 2023 SCC OnLine Del 2071]

Patent infringement requires copying only ‘essential features’ of suit patent; Delhi High Court refuses to grant injunction

In a patent infringement case Single Judge Bench of C. Hari Shankar, J. allowed the appeal preferred by defendants under Or. 39 R. 4 of the Civil Procedure Code, 1908 and held, that defendants are not liable of infringement of the registered patent. Read more

[Ecomax Solutions Pvt. Ltd v. Energeo Building Solution LLP, 2023 SCC OnLine Del 2059]

Pursuing Master of Law Program not to be considered as a break in practice of an advocate: Delhi High Court

In a case wherein, the appointment of Respondent 5 in Delhi Higher Judicial Services was challenged, the Division Bench of Vibhu Bakhru* and Amit Mahajan, JJ. dismissed the petition and observed that the Resolution No. 160/2009 passed by Bar Council of India clarified that, an advocate would continue to be considered in practice during the period he pursues a full-time LL.M. course as a regular student. Further, by virtue of the said Resolution, Respondent 5 was not required to suspend his enrolment as an advocate on account of pursuing the said full-time course. Read more

[Karan Antil v. High Court of Delhi, 2023 SCC OnLine Del 1988]

Surrender of right to use spectrum before commencement of Finance Act, 2016, not chargeable to service tax; Delhi High Court sets aside service tax demand of Rs. 56 crores against MTNL

The Division Bench of Vibhu Bakhru* and Amit Mahajan, JJ. after noting that MTNL had received compensation for surrendering spectrum right during 2015-16, which was prior to 14-5-2016, that is, the date on which the Finance Act, 2016, came into force and Section 66-E(j) of the said Act was introduced, held that surrendering of spectrum right by MTNL prior to the said date would not be chargeable to service tax. The Court further opined that no intent to evade tax could be inferred by non-disclosure of the receipt in the service tax return by MTNL and as the impugned show cause notice was issued beyond the period of limitation, it was liable to be set aside. Read more

[Mahanagar Telephone Nigam Ltd. v. Union of India, 2023 SCC OnLine Del 1967]

Ministry of Information and Broadcasting to conduct stakeholder consultation to make films disabled friendly; Delhi High Court on petition to subtitle movie ‘Pathaan’

The petitioners sought to incorporate sub-titling, captioning and audio description for the movie ‘Pathaan’ and making the film viewing enjoyable for visually and hearing-impaired persons. The Court was asked to consider the provisions of Rights of Persons with Disabilities Act, 2016 (‘Act of 2016’) wherein it was recognised that a very important issue as to the accessibility to various modes of entertainment for the hearing and visually impaired persons were raised. While exercising its writ jurisdiction, the Single Judge Bench of Pratibha M. Singh,J. directed the Center to hold a stakeholder consultation for making films disabled friendly and to ensure implementation of Act of 2016. The Bench had directed the Ministry of Information and Broadcasting along with other relevant Ministries to hold the consultation with film producers, OTT platforms operating in India, television broadcasters, association of theater owners, organizations consisting of disabled persons, distributors of films and any other stakeholders it may consider appropriate. Read more

[Akshat Baldwa v YashRaj Films]

Delhi High Court reprimands absolute bar on disclosure of RTI information to non-citizens for being contrary to the Constitution and object of RTI Act

The petitioner challenged the order passed by the Central Information Commission (‘CIC’) dated 22-11-2016 imposing a penalty of INR 25,000/- on the Public Information Officer (‘PIO’). While exercising its writ jurisdiction, the single Judge Bench of Pratibha M. Singh, J., observed that restricting the right to information only to citizens would be contrary to the Constitution of India and Section 3 of Right to Information Act, 2005 (‘RTI’) would have to be read as a ‘positive recognition of the right in favour of citizens but not as a prohibition against non-citizens.’ Read more

[A.S. Rawat v Dawa Tashi, 2023 SCC OnLine Del 1504]

Delhi High Court imposes fine of INR 50,000 for filing a petition with an oblique motive to vilify judges

By way of present petition, Rail Dawa Bar Association challenged the re-appointment of retired Justice K.S. Ahluwalia (respondent 3) as chairperson of Railway Claims Tribunal, New Delhi and further prayed for directing the Union of India to frame rules and regulations laying down a fair and transparent selection procedure for appointment to the post of Chairman, Vice Chairman (Judicial), Vice Chairman (Technical), Member (Judicial) and Members (Technical) in Railway Claims Tribunal. While exercising its writ jurisdiction, the Single Judge Bench of Pratibha M. Singh, J., dismissed the petition with cost of INR 50,000 stating that it was an attempt to vilify judges without any reasonable basis which cannot be permitted. Read more

[Rail Dawa Bar Association v Union of India, 2023 SCC OnLine Del 1503]

Delhi High Court changes the status of Look Out Circular; directs immigration authorities to inform SFIO about former Director of Techpro Systems Limited arrival and departure

By way of the present writ petition, the petitioner challenged the issuance of the Look Out Circular (‘LOC’) against him by the Ministry of Corporate Affair (‘M CA’) and the Serious Fraud Investigation Office (‘SFIO’) stating that he was one of the longest serving Directors of the Techpro Systems Limited (‘Company’). While exercising its writ jurisdiction, the Single Judge bench of Pratibha M. Singh J., after perusing the Office Memorandum which protected the subject from detention and arrest if the offence was not a cognizable offence under the Penal Code, 1860, changed the status of LOC and directed the immigration authorities to inform the SFIOs about the entry and exit of the petitioner from time to time. However, it was clarified that the petitioner would have no obligation to inform the SFIO about his travel outside India. Read more

[Brij Bhushan Kathuria v Union of India, 2023 SCC OnLine Del 1860]

Services provided by EY India to overseas EY entities are not “intermediary services”; Delhi High Court directs processing of ITC refund applications filed by EY India

In a case wherein the applications filed for refund of ITC by Ernst and Young Ltd. (petitioner) were denied by the Adjudicating Authority stating that petitioner was an intermediary, the Division Bench of Vibhu Bakhru* and Amit Mahajan, JJ. held that the petitioner would not fall within the definition of an ‘intermediary’ under Section 2(13) of the Integrated Goods and Services Tax Act, 2017 (“IGST Act”) as the petitioner did not arrange or facilitate services to EY entities from third parties but had only rendered services to them. Read more

[Ernst and Young Ltd. v. Additional Commissioner, CGST, 2023 SCC OnLine Del 1764]

Delhi High Court expresses concern over conversion of public places of worship into residence by Priests and Imams

By way of a writ petition, the petitioner who had come into occupation of a property located next to the Masjid Zabta Ganj in Delhi since his father was an Imam of the mosque, had challenged the order of eviction passed by the Sub Divisional Magistrate, Chanakyapuri. The possession of the said property was handed over to the Delhi Waqf Board. While exercising its writ jurisdiction, the single Judge Bench of Pratibha M. Singh, J., held that the conversion of public places of worship into residences and their occupation by persons who take care of the place becomes contrary to law. Read more

[Zahir Ahmed v Government of NCT of Delhi Through District Magistrate, 2023 SCC OnLine Del 1506]

GAUHATI HIGH COURT

Gauhati High Court refuses to grant interim relief to Youth Congress President, Srinivas BV

While deliberating over the instant petition filed by President of the Indian Youth Congress (the youth wing of Indian National Congress) seeking to set aside charges under Sections 509, 294, 341, 352, 354, 354-A(iv) and 506 of Penal Code, 1860 read with Section 67 of the I.T. Act, 2000, the Bench of Ajit Borthakur, J.*, was of the opinion that perusal of the case diary, including the statement of the female victim under Section 164 CrPC, is of utmost necessity for a just decision on the interim prayers of the petitioner. It was decided that the petitioner’s interim prayer will be considered only after receipt of the scanned copy of the case diary and service of notice on respondent 2. The next date of hearing has been set on 02-05-2023. Read more

[Srinivas B.V. v. State of Assam]

GUJARAT HIGH COURT

Justice Gita Gopi, Judge Gujarat HC recuses from hearing Rahul Gandhi’s plea in Defamation Case

In a criminal revision petition filed by Congress leader Rahul Gandhi, challenging the Surat Sessions Court’s order, wherein his plea to stay the conviction order in defamation case was dismissed. The Single Judge Bench of Gita Gopi, J., recused from hearing the appeal. Read more

[Rahul Gandhi v. Purnesh Ishwerbhai Modi, 2023 SCC OnLine Guj 1053]

Gujarat HC issues notice to Gujarat Industrial Development Corporation over arbitrary and discriminatory promotions

In a writ petition filed under Article 226 and 227 of Constitution of India seeking a writ of mandamus against Gujarat Industrial Development Corporation (‘GIDC’) and quashing the impugned seniority list as being violative of Article 14 and 16 of the Constitution, the Single- Judge Bench of Mauna M. Bhatt, issued notice to GIDC and directed that promotion, if any, shall be subject to the outcome of the present petition. Read more

[Vinuben Rajput v. Gujarat Industrial Development Corporation, 2023 SCC OnLine Guj 1000]

Gujarat High Court upholds examination committee’s decision to cancel end semester exam of Nirma University’s law student for indulging in unfair means

While hearing an application, wherein the petitioner was penalised and the result of all the examinations of semester VII of B.Com. LL.B. (Hons.) December 2022 was cancelled by Examination Reforms Committee for using unfair means in Taxation Law examination, the Single-Judge Bench of Sangeeta K. Vishen, J., rejected the petitioner’s application to allow him to appear in the examination and held that using unfair means in examination is a misconduct. Read more

[Karthik Deepak Sharma v. Director General, Nirma University, 2023 SCC OnLine Guj 992]

Public Interest precedes Private Interest; Gujarat HC rejects plea to standstill housing redevelopment scheme of 32-year-old society

In an application wherein, the petitioners challenged the action of redevelopment of the houses and prayed for quashing the order of the Competent Officer directing the petitioner to vacate the property within a period of 30 days. The Single-Judge Bench of Vaibhavi D. Nanavati dismissed the petitioner’s application and held that the redevelopment scheme was for the benefit of the public at large. Read more

[Hansaben Ratubhai Prajapati v. State of Gujarat, 2023 SCC OnLine Guj 991]

Right to food under Art. 21 includes right to food with hygiene: Gujarat High Court dismisses plea to re-open Surat meat shops

In a set of appeals filed by various meat vendors and associations challenging the closure of meat shops, slaughter houses, outlets, hotels by official authorities on grounds of non-compliance with food safety laws and setting up unlicensed shops, the Division Bench of N.V Anjaria* and Niral R. Mehta, JJ., set aside the civil appeals and said that all slaughter houses and meat shops are not ordered to be closed, those who are complying with norms are permitted to run their business. Read more

[Patel Dharmeshbhai Naranbhai v. Dharmendrabhai Pravinbhai Fofani, 2023 SCC OnLine Guj 986]

J&K AND LADAKH HIGH COURT

S. 306 CrPC does not seek to punish the approver, but to protect him from resentment of his associates in crime: J&K and Ladakh High Court

While deciding the instant petition seeking to set aside Section 306(4)(b) Criminal Procedure Code on being unconstitutional/unreasonable for putting restrictions upon the powers of the Trial Court to release the approver on bail, the bench of Mohan Lal J.*, stated that the dominant object of keeping an approver to be detained in custody till the termination of trial is not intended to punish the approver for having come forward to give evidence in support of prosecution, but to protect him from possible indignation, rage and resentment of his associates in a crime to whom he was chosen to expose. Read more

[Tariq Ahmed Dar v. National Investigation Agency]

Jammu and Kashmir and Ladakh High Court sets aside VDG Scheme, 2022 insofar as it affects the powers and honorarium of the heads of the Village Defence Groups

While deliberating over a bunch of petitions challenging the Village Defence Guard Scheme, 2022 (VDGS-2022) issued by the respondents, the Bench of Sanjeev Kumar*, J., set aside and the VDGS insofar as it has the effect of stripping the petitioners (heads of the Village Defence Groups) of their status as Special Police Officers (SPOs) and the power and privileges conferred on them by the Village Defence Group Scheme-1995 issued by the Government. Read more

[Madan Lal v. UT of J&K, 2023 SCC OnLine J&K 203]

JHARKHAND HIGH COURT

Resolution Professional under IBC is a ‘public servant’ under Prevention of Corruption Act: Jharkhand High Court

In a criminal miscellaneous Petition for quashing criminal proceedings against the petitioner under Section 7 of Prevention of Corruption Act, 1988 (‘PC Act’) alleging that a Resolution Professional (‘RP’) is not a public servant performing any public duty within the meaning of Section 2(c) of PC Act or Section 21 of Penal Code, 1860, Gautam Kumar Choudhary, J. rejected the same holding that RP was appointed by the National Company Law Tribunal (‘NCLT’), which is an adjudicating authority for insolvency resolution process of companies and the office falls within the meaning of a public servant. Read more

[Sanjay Kumar Agarwal v. Central Bureau of Investigation, 2023 SCC OnLine Jhar 394]

Jharkhand High Court quashes order by jail authorities of blacklisting food supplier for 5 years

In a civil writ petition filed for quashing office order in memo dated 4-11-2020 issued by Inspector General of Prison of Jharkhand State blacklisting the petitioner for 5 years, and quashing letter dated 5-11-2020 issued by Superintendent of Jail debarring the petitioner from supplying any food material in the Divisional Jail from 1-10-2020 to 31-12-2020, allegedly violating the principles of natural justice, Rajesh Shankar, J. allowed the instant petition by quashing and setting aside the blacklisting and debarring of the petitioner by the Jail authorities. Read more

[Sai Traders v. State of Jharkhand, 2023 SCC OnLine Jhar 376]

KARNATAKA HIGH COURT

Karnataka High Court comes to the aid of an aging couple wishing to have child via surrogacy; Evolves a three- pronged eligibility test

While deciding the instant writ petition wherein the validity of Section 2(1)(zg) and Section 4(iii)(c)(I) of the Surrogacy (Regulation) Act, 2021 was questioned by an elderly couple desirous of having a child via surrogacy, the Bench of M. Nagaprasanna, J.*, noting the peculiar situation and in order to “iron the creases in the Surrogacy Act” evolved a ‘Three Test Theory’ and formulated the same to consider the application by the petitioners aged 57 and 45 years, for grant of an eligibility certificate to become parents by way of surrogacy. These three tests are to determine the petitioners’ genetic, economical and physical eligibility. Read more

[ H. Siddaraju v. Union of India]

Karnataka High Court stays the cancellation of actor Chetan Kumar’s OCI card; directs him to refrain from tweeting about judiciary or sub-judice matters

In a big relief to American-Kannada actor Chetan A. Kumar, the Bench of M. Nagaprasanna*, J., in his order dated 21-04-2023, directed the respondents not to precipitate the matter vis-à-vis cancellation of the actor’s OCI card till the next date of hearing. However, the Court in clear terms directed Chetan Kumar to submit an affidavit that he would refrain from tweeting anything about the judiciary and matters that are sub-judice and that he would delete his previous tweets that are against the judiciary and matters that are sub-judice. Read more

[Chetan Kumar v. Union of India]

“Life is too short to be spent on litigating”; Karnataka High Court gives elaborate suggestions regarding jurisdiction of District Courts vis-à-vis hearing of First Appeals

While deciding the instant appeal wherein the Court took a concerned note of the time taken for this case to be listed for a final hearing (16 years), the Bench of Anant Ramanath Hedge*, J., stated that person seeking justice cannot afford to wait for decades and delay in hearing appeals and pendency of cases, does not augur well for the society at large. The Court therefore discussed and suggested certain measures to reduce the workload of the High Court and amend the provisions concerning pecuniary jurisdiction of the District Courts vis-à-vis their ability to hear and decide first appeals, thereby reducing the long delays in hearing appeals. The suggestions were made regarding Section 96 of CPC and appeals under Motor Vehicles Act, 1988. Read more

[Thirakavva v. Ratnavva]

Karnataka High Court slams the State authorities for delaying the reconstruction of a village school demolished to widen the Mysore Highway

While hearing the instant writ petition filed by School Development and Monitoring Committee seeking directions for the respondents to initiate the process of identification of land and rebuilding of the Government School in Agaralingana Doddi, Maddur Taluk, the Bench of M. Nagaprasanna*, J., expressed his shock at the lackadaisical attitude of the State to construct the school building without any loss of time. The Court sternly observed that the communications made between the offices clearly indicate that the right to free and compulsory education of children, particularly in the Government school, is treated with utmost callousness. The Court issued the writ of mandamus to the respondents and directed them to act in unison and complete the task of identification, construction and functioning of the School without any loss of time. Identification of land and construction of building must commence from 01-06-2023 and completed within four months. Read more

[School Development and Monitoring Committee v. State of Karnataka, 2023 SCC OnLine Kar 14]

[Lulu v. Coolulu] | Karnataka High Court directs Regional Director, Corporate Affairs to pass a fresh and reasoned order in the trademark dispute

While deciding the instant petition challenging order of the Regional Director, Corporate Affairs which allowed the application filed by Lulu International Shopping Malls Pvt. Ltd., and restrained Coolulu Sports Pvt. Ltd., from using the word “lulu” in the title of its name, the Bench of M. Nagaprasanna*, J., directed the Regional Director, Corporate Affairs to pass a fresh order by recording reasons for the contentions so advanced both by Coolulu Sports and the Lulu Malls, which would “bear the stamp of application of mind”. The Court observed that ‘an order which does not contain any reason is an unreasonable order’ and this phrase became applicable to the impugned order, as there were no reasons indicated qua the contentions of the respective parties as well as the mandate of the statute. Read more

[Coolulu Sports Pvt. Ltd. v. Union of India, 2023 SCC OnLine Kar 13]

Electoral officers do not have any jurisdiction to search or seize any material before the announcement of elections: Karnataka High Court

While deliberating over the instant petition seeking the writ of mandamus directing the electoral officials to release 530 bags of rice seized from the petitioner’s premises, the Bench of M. Nagaprasanna, J.*, held that Returning Officer or the election officials do not get any jurisdiction to search or seize any material before the announcement of elections. Merely because they are appointed as officers for conduct of elections, they cannot use the said power before the declaration of elections. Read more

[Isthiyak Ahmad v. Election Commission of India, 2023 SCC OnLine Kar 12]

KERALA HIGH COURT

Kerala High Court slams aimless allegations against public functionaries without any supporting material abusing access to justice

In a Criminal Writ Petition seeking Writ of Mandamus to suspend several officials from their duties due to undue influence violating Constitution of India, oath and disobedience of law, to direct the Court Registrar not to intervene in rights guaranteed by the Constitution of India and to register Writ Petitions based on merit and substance without being affected by nomenclature or prayers, Bechu Kurian Thomas, J. dismissed the same with costs while slamming the petitioner for abuse and misuse of Article 226 of the Constitution of India. Read more

[Asif Azad v. Union of India, 2023 SCC OnLine Ker 1950]

“An Unmarried daughter can claim reasonable wedding expenses from her father”: Kerala High Court

In a batch of petitions among the father and his daughters (aged 21 years and 26 years) challenging the Family Court order partly allowing attachment of property to secure an amount of Rs. 7,50,000 towards wedding expenses of daughters, the Division Bench of Anil K. Narendran and P.G. Ajithkumar*, JJ. held that there is no religious shade over the right of an unmarried daughter to get reasonable marriage expenses from her father and allowed attachment to secure Rs 15 lakhs for protecting the daughters’ interests. Read more

[X v. Y, 2023 SCC OnLine Ker 2262]

MADHYA PRADESH HIGH COURT

[Juvenile Justice] Aadhaar not a valid document for proof of age of Prosecutrix under Juvenile Justice Rules: Madhya Pradesh High Court

Vivek Agarwal*, J., held that the Aadhaar Card being a unique identification card issued by the Indian Government, cannot be relied upon to determine the age of a prosecutrix in cases under the Juvenile Justice (Care and Protection) Rules, 2012. Read more

[Manoj Kumar Yadav v. State of M.P]

Whether a promise of marriage is false from its inception or is there a possibility of breach of promise? Madhya Pradesh High Court examines

While deciding a petition filed under S. 482 CrPC for quashing of charge-sheet and criminal proceedings under S. 376(2)(n) of IPC, Deepak Kumar Agarwal, J., held that no case can be made out against the petitioner and the prosecution of the petitioner was nothing but abuse of process of law. Read more

[Mayank Tiwari v. State of M.P., 2023 SCC OnLine MP 673]

MADRAS HIGH COURT

Madras High Court directs Kalakshetra Foundation to constitute ICC and frame policy to prevent sexual harassment

In a writ petition filed praying for a direction to the Kalakshetra Foundation to formulate a gender-neutral policy to prevent sexual and/or any other form of harassment of its students and to create a support mechanism, M. Dhandapani, J. directed the Kalakshetra Foundation:

To place the profiles relating to the members of the Internal Complaints Committee (‘ICC’) constituted by it before this Court.

To frame the policy and constitute the Complaints Committee with respect to the schools run by it, both CBSE and State Board, keeping in mind the provisions of the Prevention of Sexual Harassment Act and also other enactments, including the University Grants Commission Regulations, 2015, various guidelines of the Central and State Governments, the guidelines of the National Commission for Protection of Children and also the guidelines issued by the Central Board of Secondary Education, in a comprehensive manner and to include the Parents and Teachers in the Complaints Committee. Read more

[XYZ v. Kalakshetra Foundation]

Madras High Court imposes Rs.5 lakh cost on College for admitting Students without having affiliation

In a writ petition filed for directing the Tamil Nadu Teachers Education University(respondent 3) to grant continuation of affiliation from 2021-2022 to Arulmigu Kalasalingam College of Education ( ‘College’), and to permit the students of the College to undergo School Internship Teaching Practice and to appear for the Semester I and II Examination, C.V. Karthikeyan, J. while dismissing the writ petition imposed costs of Rs.5,00,000/- payable to the Madurai Bench of Madras High Court Legal Services Committee. Further, directed the member Secretary of the said Committee to contact the Chairperson, Virudhunagar District Legal Services Committee and reach out to the 100 students, who were admitted by the College, examine the students and disburse the amount to those 100 students as per the apportionment fixed by the Member Secretary. Read more

[Arulmigu Kalasalingam College of Education v. Appeal Committee, 2023 SCC OnLine Mad 2549]

Madras High Court directs Passport Office to process passport application of Sri Lankan refugee

In a writ petition filed against the letter dated 06-01-2023 issued by Regional Passport Officer (‘RPO’) and to quash the same and directing the RPO to issue passport for petitioner, G.R. Swaminathan, J. directed the Passport office to process the petitioner’s application and issue passport to the petitioner within a period of three weeks from the date of receipt of a copy of this order. Read more

[Neyatitus v Regional Passport Officer, 2023 SCC OnLine Mad 2068]

Procedures for empanelment of lawyers in Banks not in compliance with Constitutional mandate; Madras HC directs Nationalised Banks to reform their system of selection

In a writ petition filed questioning the validity of the withdrawal of the circular issued by the Reserve Bank of India (‘RBI’) in the matter of appointment of the Panel Advocates for the Nationalised Banks in All India Level / State Level / Regional Level / Zone Level. Further directing to empanel the Advocates by following the established principles of law and to provide adequate representations to the candidates belonging to Scheduled Caste /Scheduled Tribe/Other Backward Class Communities, S.M. Subramaniam, J. said that right to be considered for appointment/ empanelment in a Bank is a Fundamental Right of a citizen, and held that the prevailing procedures are depriving the rightful candidates to participate in the process of empanelment of lawyers in the Nationalised Banks and Public Sector Banks. Read more

[K. Marimuthu v Secretary to Government, 2023 SCC OnLine Mad 1987]

Madras HC directs State to pay Rs. 2 Lakh compensation to woman falsely accused of immoral trafficking

In a writ petition filed for directing the respondents to provide adequate compensation to the extent of Rs.1 crore to the petitioner for foisting of a false case and for violation of her privacy and loss of reputation in the society, by alleging that she was arrested under the Immoral Traffic (Prevention) Act, 1956, R. Vijayakumar, J. held that the respondents have violated the privacy and harmed the reputation of the petitioner. Therefore, the State is liable to pay compensation. Thus, it directed the State to pay a compensation of Rs. 2,00,000/- to the petitioner within a period of 8 weeks from the date of this order and further said that the State is at liberty to recover the same from the erring police officials. Read more

[X v State of Tamil Nadu, 2023 SCC OnLine Mad 2061]

Madras High Court directs State to constitute District Medical Board for issuing medical certificates for undergoing surrogacy

In a writ petition filed praying for directing the District Medical Board to issue eligibility certificate for the petitioners being the intending couples to undergo the surrogacy procedure with the Health Office and Fertility Research Centre constituted under Assisted Reproductive Technology (Regulation) Act, 2021 and Surrogacy (Regulation) Act, 2021, G.R. Swaminathan, J. directed the authorities to consider and dispose of the petitioners application on merits and in accordance with law within a period of four weeks from the date of receipt of copy of this order. Further, directed the State to constitute such a District Medical Board (‘Board’) immediately if not already constituted, and gave certain directions. Read more

[Priya Dharshini v State of Tamil Nadu, 2023 SCC OnLine Mad 2005]

MANIPUR HIGH COURT

State facing water shortage due to deforestation in hill areas; Manipur High Court takes suo motu cognizance of a news report published in Imphal Free Press

The Division Bench of MV Muralidaran, A.C.J.* and A. Guneshwar Sharma, J. took suo motu cognizance of a news report which stated that the State of Manipur was facing water shortage because of deforestation in hill areas. Read more

[In re: Water shortage due to deforestation as reported by Imphal Free Press dated 2-4-2023 v. State of Manipur, 2023 SCC OnLine Mani 141]

Manipur High Court upholds District Magistrate’s power to re-verify the arms licenses already granted

In a case wherein a notice was issued by the District Magistrate to the arms holders to submit their license along with their arms and the same was challenged stating that there was no provision for such re-verification had been made, a Single Judge Bench of M.V. Muralidaran, J.* dismissed the writ petition and opined that the District Magistrate had every right to re-verify the arms or check the arms that have been granted. Read more

[Longjam Nandakumar Singh v. State of Manipur, 2023 SCC OnLine Mani 113]

MEGHALAYA HIGH COURT

Meghalaya HC directs State to file an affidavit indicating plans to control traffic congestion in Shillong

While hearing a Public Interest Litigation, concerning the increase in traffic congestion in the Shillong city, the Division Bench of W. Diengdoh and Sanjib Banerjee, JJ., directed the State to file an affidavit, indicating their plans and goals to ease the traffic congestion in the city. Read more

[Philip Khrawbok Shati v. State of Meghalaya]

[POCSO] Relationship between accused and victim girl is that of uncle and niece; Meghalaya High Court refuses to quash criminal proceedings

In a petition, filed by father of the victim (petitioner 1) and the accused (petitioner 2) under Section 482 of the Criminal Procedure Code (‘CrPC’), seeking to quash criminal proceedings under Sections 5 and 6 of the Protection of Children from Sexual Offences Act, 2012 (‘POCSO’), against the accused, W. Diengdoh, J., dismissed the petition, refused to quash the criminal proceedings on the ground that there is nothing on record to show that the victim was taken into consideration or confidence before filing the present petition. Read more

[Honil Marak v. State of Meghlaya, 2023 SCC OnLine Megh 162]

Dismissing Constable from service was an arbitrary act; Meghalaya High Court sets aside BSF Commandant order

In a writ petition filed under Article 226 of Constitution of India against the order issued by BSF Commandant, wherein, the petitioner was dismissed from duty, a Single-Judge Bench of W. Diengdoh, J, allowed the petition and set aside the order issued by the BSF Commandant, on grounds that the action of the competent authority to dismiss the petitioner from service was an arbitrary act and not in fair play. Read more

[Shashi Kumar Rajak v. Union of India, 2023 SCC OnLine Megh 166]

Meghalaya High Court upholds conviction of Ex- Meghalaya MLA Julius Dorphang for minor’s rape

In a criminal appeal challenging the order of conviction by the Trial Court, the Division Judge Bench of Sanjib Banerjee*, C.J. and W. Diengdoh, J., dismissed the appeal and upheld the order of conviction by the Trial Court. under Section 376(2)(i) and (n) of Penal Code, 1860 (“IPC”) along with Section 5 of Protection of Children from Sexual Offences Act, 2012 (“POCSO”), and sentenced Julius Dorphang (‘Julius’) to 25 years of rigorous imprisonment with fine of Rs. 15 lakhs. In the matter at hand, the victim, about 14 years of age at the time of incident left her home due to the parlous state of her home. An elderly lady lured her to leave home and brought her to Shillong and made her live with a Muslim family. During her stay with the family, she had her first menstrual periods and thereafter, she was taken by her foster parents to a guesthouse wherein she was intoxicated before her first forceful sexual encounter. The victim was taken to another hotel wherein Julis raped her for the second time. Later, the victim left her foster parents’ home and with the help of two acquaintances she was put in touch with the State Child Welfare Committee Officials. The Trial Court convicted Julius under Section 376(2)(i) and (n) of IPC along with Section 5 of POCSO and was sentenced to 25 years of rigorous imprisonment with fine of Rs. 15 lakhs. Read more

[Julius Kitbok Dorphang v. State of Meghalaya, 2023 SCC OnLine Megh 161]

ORISSA HIGH COURT

Orissa HC quashes Criminal proceedings against NESCO Orissa Officials on grounds of absence of Sanction under Section 197 CrPC.

In a petition filed under Section 482 of the Code of Criminal Procedure, 1973 (‘CrPC’), challenging the criminal proceedings pending before the Lower Court, the Single-Judge Bench of R.K. Pattanaik, J., set aside the impugned order of the Court below and directed to proceed with the complaint only after receiving sanction under Section 197 of the CrPC, to criminally prosecute the petitioners and not otherwise. Read more

[Nihar Ranjan Das v. State of Odisha]

Orissa HC quashes 6 years old pending criminal proceedings against ex-students of Madhusudan Law College

In an application filed under Section 482 of Criminal Procedure Code (‘CrPC’) to quash pending criminal proceedings against the petitioners for charges under Sections 143, 353, 431, 294, 506 and 149 of Penal Code, 1860 (‘IPC’), a Single- Judge Bench of R.K Pattanaik, J, allowed the petition and quashed the pending criminal proceedings against the petitioners. Read more

[Jeevanjyoti Mohanty v. State of Odisha, 2023 SCC OnLine Ori 1569]

Appellate Court can make any just consequential and incidental orders while deciding appeals u/s 373 CrPC: Orissa High Court.

In an appeal against the order passed by Court below wherein the appellant’s application for stay of proceedings pending before the Additional Deputy Commissioner of Police-cum- Executive Magistrate, Bhubaneswar was rejected, the Single Judge Bench of Sashikanta Mishra, J., allowed the appeal and set aside the impugned order of the Court below, directing the further proceedings against the appellant to be stayed. Read more

[Mamata Sahoo v. State of Odisha, 2023 SCC OnLine Ori 1612]

No proper opportunity given to Defence Council for defending rape convict; Orissa High Court set aside conviction order

In a criminal appeal, seeking an order of fresh trial of the convict under Section 376(2)(i) of Penal Code, 1860 (“IPC”), a Single-Judge Bench of S.K. Sahoo, J., set aside the order of conviction of the convict by the Trial Court, on the grounds that no proper opportunity was provided to the State Defense Counsel (“SDC”) to prepare the case thoroughly and to cross-examine the victim. Read more

[Khudiram Tudu v. State of Odisha]

Promissory estoppel inapplicable in a situation where a student has knowledge about failure in examination: Orissa HC holds ‘Charan Panda case’ to be bad in law

In a reference made by the Division Bench to Larger Bench to decide the correctness of a decision made by another Division Bench in case of Nrusingha Charan Panda v. The Secretary, Board of Secondary Education, Orissa, 1992 SCC OnLine Ori 134, wherein it was held that the rule of promissory estoppel is applicable in situation of a person who had no knowledge about his failure in matriculation examination and joined services post completing higher education. The fullBench of S. Muralidhar, C.J., S.K Panigrahi and M.S Raman, JJ., said that the appellant cannot claim that she was unaware of the fact that she had failed in “Education” subject. Thus, in the circumstances, the question of applying the doctrine of promissory estoppel in her case does not arise. Further, held that the decision of the Division Bench in Charan Panda is no longer a good law. Read more

[Litumanjari Pradhan v. Chairman, Council of Higher Secondary Education, Bhubaneswar, 2023 SCC OnLine Ori 1375]

PATNA HIGH COURT

[Modi Surname Defamation Case] Patna High Court stays Lower Court’s order against Rahul Gandhi

In a case wherein defamation proceedings were started against Rahul Gandhi for his ‘Modi Surname’ remark, a Single Judge Bench of Sandeep Kumar, J.* stayed Lower Court’s order till the next hearing, that is, till 15-5-2023. In the present case, counsel for the petitioner submitted that once the petitioner had been tried and convicted by the Surat Court for the same offence, that is, for his statement made in public, therefore, the present prosecution in State of Bihar for the same offence could not proceed any further. Read more

[Rahul Gandhi v. State of Bihar]

Frame guidelines for providing adequate number of toilets and sanitary napkins dispenser facilities to girls in schools: Patna High Court

The Division Bench of K. Vinod Chandran, C.J.* and Madhuresh Prasad, J. directed the State Government to frame guidelines by specifying the number of toilets and sanitary napkin dispenser machines that needed to be provided in proportion to the girl students admitted in each school in Bihar. Read more

[In The Matter of News Report Dated 10-4-2018 Published in Hindi News Daily Hindustan Patna Live, 2023 SCC OnLine Pat 1010]

‘Child not comfortable with her mother’; Patna High Court upholds Family Court’s decision of giving daughter’s custody to her father

In a case wherein the wife had challenged the judgment of the Family Court wherein it was held that it would be more beneficial for the child, aged six years to remain with her father as the brother of the child was residing with him, the Division Bench of Ashutosh Kumar* and Harish Kumar, JJ. upheld the Family Court’s decision and observed that the girl did not appear to be quite comfortable with the mother and she would be happier in the house of her father. Read more

[X v. Y, 2023 SCC OnLine Pat 1005]

‘Ugly haste has been shown by the Trial Court’; Patna High Court orders fresh trial in POCSO case which concluded in one working day

In a case where the appellant/accused challenged the Judgment and Order passed by the Special Judge under the Protection of Children from Sexual Offences Act, 2012 (“POCSO Act”), thereby convicting him of the offences punishable under Section 376-AB of the Penal Code, 1860 and Section 4 of the POCSO Act, the Division Bench of A.M. Badar* and Sandeep Kumar, JJ. held that the trial was vitiated as it got concluded in just one working day and thus, the Court remanded the matter to the Trial Court for fresh trial from before the stage of framing of the charge. Read more

[Raj Kumar Yadav v. State of Bihar, 2023 SCC OnLine Pat 922]

PUNJAB AND HARYANA HIGH COURT

Punjab and Haryana High Court dismisses ‘Infructuous’ Habeas Corpus plea for releasing Amritpal Singh

In Writ Petitions initially seeking release of alleged detenue Amritpal Singh by the authorities and subsequently seeking to implead Union of India as a party in the matter, N.S. Shekhawat, J. dismissed the petition being infructuous since the Court was informed of Amritpal Singh’s arrest on 23-4-2023. Read more

[Imaan Singh Khara v. State of Punjab, 2023 SCC OnLine P&H 361]

‘Husband has moral and legal liability to maintain wife, even if he is a professional bagger’: Punjab and Haryana High Court

In a revision petition against the Trial Court’s order allowing maintenance under Section 24 of Hindu Marriage Act, 1955 (‘HMA’), H.S. Madaan, J. dismissed the challenge holding that even if a husband is a professional bagger, he is morally and legally liable to maintain the wife who is unable to maintain herself. Read more

[Sandeep v. Suman, 2023 SCC OnLine P&H 294]

RAJASTHAN HIGH COURT

Rajasthan High Court grants conditional appointment to the post of Prabhodhak (Teacher) vis-à-vis Basic School Teacher Course advertisement

While exercising its civil writ jurisdiction, the single Judge Bench of Pushpendra Singh Bhati J., granted petitioner conditional appointment to the post of Prabhodhak (Teacher). However, the Court clarified that such an appointment shall, however, be prospective in nature. In case, the right of retrospectivity survives, the parties shall be at liberty to contest the same at the time of final disposal of the writ petition. Read more

[Kalyan Mal Balai v State, 2023 SCC OnLine Raj 566]

TELANGANA HIGH COURT

Outstanding from forex fluctuations are not ‘proceeds of crime’ under the PMLA Act: Telangana High Court quashes ED case against Sukesh Gupta, Director of MBS Jewellers

In case wherein Sukesh Gupta, the Director of MBS Jewellers (petitioner) was alleged of entering into a criminal conspiracy with public servants of MMTC and receiving gold, a Single Judge Bench of K. Surender, J.* held that an outstanding arising from any agreement between the parties in relation to forex fluctuations could not be termed as ‘proceeds of crime’ under the Prevention of Money Laundering Act, 2002 (“PMLA Act”) and hence, the Court quashed the case filed against the petitioner under the PMLA Act. Read more

[Sukesh Gupta v. Directorate of Enforcement, Hyderabad, 2023 SCC OnLine TS 987]