high court weekly round up may


Sub Divisional Magistrate exercising adjudicatory powers, acts as Revenue Court subject to control and supervision of Board of Revenue: Allahabad High Court

In a writ petition against the order passed by Sub Divisional Magistrate, wherein the restoration application filed by the petitioner under Section 144 of the U.P. Revenue Code, 2006, (‘Code, 2006') has been rejected, Dr. Yogendra Kumar Srivastava, J. has remitted the matter to Sub Divisional Magistrate, to pass a fresh order keeping in view the direction issued by the Board of Revenue in its order dated 05-07-2021, in accordance with law, after giving due opportunity to the parties concerned, expeditiously and preferably within a period of three months from the date of presentation of a certified copy of this order. Read More

[Brijesh Kumar Dubey v. State of UP]

General principle of simultaneous action will not apply in departmental and criminal proceedings covered by Bipartite Settlement: Allahabad High Court

In a writ petition filed challenging the award passed by Industrial Tribunal-cum-Labour Court between the petitioner and the State Bank of India. Further orders passed by the Assistant General Manager and Deputy General Manager were under challenge, Kshitij Shailendra, J. while partly allowing the writ petition, quashed the impugned orders. Further, after considering the simultaneous effect of all the proceedings as well as age of the petitioner at the time of passing of the award, the Court said that:

  • The petitioner shall be entitled to entire arrears of salary and consequential benefits with effect from the date of termination of his services till the date of his superannuation but without any interest.

  • The petitioner shall also be paid his post retiral benefits along with 6% simple interest from the date of his retirement till date of actual payment computed accordingly within a period of three months from the date a certified copy of this order is produced before the respondent-bank. Read More

[Basistha Muni Mishra v. Union of India]]

Judiciary candidate by mistake applied as ‘Dependent of Freedom Fighter'; Allahabad High Court allows her to provisionally appear in mains exam

In a case, wherein the candidature of a candidate who was successful in the prelims of UP Judicial Service Civil Judge (Junior Division) Examination, 2022 was rejected by the Uttar Pradesh Public Service Commission (‘UPPSC'), the division bench of Saumitra Dayal Singh and Rajendra Kumar-IV, JJ. passed an interim order whereby petitioner was provisionally permitted to appear in mains examination. Read More

[Pankhudi Agarwal v. State of UP]

Compounding of unauthorised constructions cannot be considered pursuant to the order of remand: Allahabad High Court quashes remand order

In a writ petition filed against the order, wherein the State Government, in exercise of powers under Section 41(3) of the U.P. Urban Planning & Development Act, 1973 (‘the Act, 1973'), has remanded the matter to the Allahabad Development Authority with a direction to dispose of the compounding map submitted by the revisionist in 2005, after providing opportunity of hearing to all the parties and in the light of Rules, Bye-laws and Government Orders relating to compounding, Kshitij Shailendra, J., held that the impugned order is unsustainable and contrary to factual and legal position well established on record. Read More

[DB Kauser v. State of UP]


Police not allowed to seal factory premises under Section 115 of Trade Marks Act: Bombay High Court

In a petition seeking urgent relief of de-sealing of factory premises allegedly sealed after registration of First Information Report (‘FIR') for offences under Section 420 of the Penal Code, 1860 (‘IPC') and Sections 103, 104 and 105 of the Trade Marks Act, 1999 (‘TM Act'), the division Bench of Sharmila U. Deshmukh and Arif S. Doctor, JJ. directed the authorities to de-seal the said factory premises while explaining that provisions under Section 115(4) of TM Act do not allow police to seal premises. Read More

[Mahendra Dattu Gore v. State of Maharashtra]


Victim's parents ‘exaggerated' their versions to attract POCSO Act; Calcutta High Court acquits accused

While deciding a case related to S. 8 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), Tirthankar Ghosh*, J., observed that the victim's parents exaggerated their versions to attract the provisions of the POCSO Act and set aside the conviction order of the Special Court on the grounds that the prosecution has failed to prove accused's sexual intent as per S. 11 of the POCSO Act. Read More

[Gobinda Bag v. State of W.B., 2023 SCC OnLine Cal 1040]

Appointment of Arbitrator during pendency of reference before MSME Facilitation Council is contrary to MSMED Act: Calcutta High Court

Moushumi Bhattacharya*, J. held that appointment of an arbitrator on the basis of contractual arbitration clause during the pendency of the matter before MSME Facilitation Council is patently contrary to the provisions of the Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act). Read More

[Marine Craft Engineers (P) Ltd. v. Garden Reach Shipbuilders & Engineers Ltd., 2023 SCC OnLine Cal 807]

Supplier can refer to MSME Facilitation Council for adjudication despite post-contract MSME registration: Calcutta High Court

While deciding a writ petition seeking to set aside an arbitral proceeding, Moushumi Bhattacharya*, J. held that the writ petition is not maintainable on the ground of availability of alternative remedy under the Arbitration and Conciliation Act, 1996 (the Act, 1996). The Court further held that the supplier is statutorily entitled to make a reference to the Council for adjudication of the disputes even if its MSME registration is after the date of Contract entered between the parties. Read More

[Anupam Industries Ltd. v. W.B. Micro Small Enterprise Facilitation Council, 2023 SCC OnLine Cal 956]


[POCSO] Not expected for 7-year-old child to recapitulate the harrowing incidents with mathematical precision; Delhi High Court upholds conviction based on child testimony

In an appeal filed by the appellant (convict) seeking to set aside the impugned judgment of conviction dated 03-02-2020 and order of sentence dated 20-02-2020 convicting the appellant under Section 10 and 12 of Protection of Children from Sexual Offences Act, 2012 (“POCSO Act”) for offences under section 454 and 506(II) of Penal Code, 1860 (IPC). Jasmeet Singh, J., upholdsdid not interfere with the impugned conviction as the Trial Court was right in holding that the testimony of the victim alone is sufficient to prove the guilt of the accused and minor contradictions or insignificant discrepancies in the statement of a child victim should not be a ground for throwing out an otherwise reliable prosecution case. Read More

[Kishore v. State]

Delhi High Court dismisses PIL by journalist seeking CBI ‘status report' in NSE fraud by Chitra Ramkrishna

A PIL was filed by Shantanu Guha Ray (petitioner) a journalist seeking an order or direction to CBI (respondent 2) to register FIR based on the petitioner's complaint regarding wrongful gains to the deviant brokers which are estimated to the tune of Rs. 50,000/- crores to Rs. 75,000/-. A division bench of Satish Chandra Sharma, CJ., and Subramonium Prasad, J., did not interfere in the matter in light of the status reports filed by the CBI. Read More

[Shantanu Guha Ray v. Union of India]

Delhi High Court dismisses petition filed by a retired judicial officer challenging selection of Chairman at Competition Commission of India

A petition was filed by Atul Kumar Garg (petitioner), a retired judicial officer seeking directions to be issued to Union of India (respondent 1) acting through its selection panel constituted under Section 9 of the Competition Act, 2002 to disclose the reason for arising the necessity for issuance of fresh advertisement for the same post though the selection process was almost completed after the selection committee has interacted 48 candidates on 09-10-2022 for the post of Chairperson vide vacancy circular dated 26-07-2022 and subsequent circular dated 23-02-2023. Prathiba M Singh, J. did not interfere with the selection process as the procedure was in accordance with the law. Read More

[Atul Kumar Garg v. Union of India]

Delhi High Court allows parties to nominate arbitrator upon Dispute Redressal Committee's failure to settle dispute

In a petition invoking the jurisdiction of the Court conferred by Section 11 of the Arbitration and Conciliation Act, 1996 (‘the Act'), wherein appointment of a nominee arbitrator of the Union of India (‘respondent') was sought, consequent to an asserted failure on its part to abide by the appointment procedure, the Single Judge Bench of Yashwant Varma, J., allowed the parties to nominate their arbitrators, considering the failure of the settlement in Dispute Redressal Committee. Read More

[Shapoorji Pallonji And Company Private Limited v. Union of India]

Delhi High Court denies injunction under S. 9 of A&C Act as it will delay the strengthening and overlaying of NH-48 initiated by NHAI

In a case wherein a petition was filed under Section 9 of the Arbitration and Conciliation Act, 1996 (‘Act') by Roadway Solutions India Infra Ltd. seeking an order to stay the operation and effect of the Notice of Intent to terminate (‘NITT') the Contract issued by NHAI, a Single Judge Bench of Chandra Dhari Singh, J.* opined that the petitioner by way of present petition had sought for stay of NITT and any such stay would result into petitioner continuing the project, which would be tantamount to granting of final relief that could not be granted by this Court in the instant proceedings under Section 9 of the Act. The Court further opined that Section 20-A and 41(ha) of the Specific Relief Act, 1963 (‘SRA') would apply to the present case and an injunction would be tantamount to further delaying the infrastructure project. Read More

[Roadway Solutions India Infra Ltd. v. NHAI]

Delhi High Court grants anticipatory bail to Vikas Malu, in a rape case filed by wife, who also accused him of killing Satish Kaushik

In an application filed by Vikas Malu, who has infamously been accused of murder of late actor Satish Kaushik by his wife, is seeking anticipatory bail in a case registered under Sections 323, 354, 376, 377, 506, 509 and 34 Penal Code, 1860 (IPC). Rajnish Bhatnagar, J., granted anticipatory bail to the accused in totality of the facts and circumstances of the case at hand on his furnishing a personal bond in the sum of Rs. 1,00,000/- with two sureties of the like amount to the satisfaction of the station house officer. Read More

[Vikas Malu v. State of NCT of Delhi]

Delhi High Court issues guidelines for drafting a Settlement Agreement in matrimonial disputes of criminal nature; Directs agreements to be prepared in Hindi too

In a petition filed by the petitioner under Section 482 of Criminal Procedure Code (‘CrPC'), seeking quashing of FIR registered at Police Station Uttam Nagar, for the offences punishable under Sections 498-A, 406, and 34 of Penal Code, 1860 (‘IPC') inspite of the alleged settlement arrived between the parties. Swarana Kanta Sharma, J., quashes the FIR having found that the settlement agreement was drafted ambiguously resulting in the FIR against husband being quashed and other relatives being pending for lack of specific names in it. Read More

[Chhatter Pal v. State]

Words ‘Abu Dhabi Global Market' used in a device mark are distinctive in nature: Delhi High Court

In a case wherein registration to the device mark was rejected, a Single Judge Bench of C. Hari Shankar*, J. opined that as there was no finding that the mark was used by anyone else, and the mark itself consisted of a combination of the motif and the words “ABU DHABI GLOBAL MARKET” below it, thus, there was no reason to hold that the mark was not distinctive. The Court further expressed its unhappiness at the way the Assistant Registrar had discharged her duties in the present case and opined that the least the officer adjudicating the application could do, was to extend the bare courtesy of application of mind. Read More

[Abu Dhabi Global Market v. Registrar of Trademarks, 2023 SCC OnLine Del 2947]

Employees who submit forged and fabricated documents are unfit for employment: Delhi High Court

In a case wherein the service of a wife-petitioner appointed on compassionate ground, was terminated due to the submission of a forged educational qualification certificate, a Single judge Bench of Mini Pushkarna, J.* opined that the fact remained that the petitioner submitted a forged document in support of her educational qualification at the time of seeking compassionate appointment and therefore, the petitioner was guilty of suppression of material facts and documents. The Court further opined that if a person submitted forged and fabricated documents, then such a person was certainly unfit to be employed and when the charge against the petitioner stands proved, the punishment of dismissal from service imposed by the respondent could not be faulted with. Read More

[Kiran Thakur v. Resident Commr., 2023 SCC OnLine Del 2912]

Delhi High Court refuses injunction against Harpercollins Publisher for novelizing screenplay of 1966's Nayak; holds Satyajit Ray, not RD Bansal owns copyright

In a plaint filed by RDB and Co (plaintiff) is a Hindu undivided property of RD Bansal, seeking injunction against Harpercollins Publishers (defendant) for the novelization of the screenplay of the film ‘Nayak' released in 1966 by Bhaskar Chattopadhyay, and the publication of the novel by the defendant alleging infringement of the plaintiff.s copyright, the plaintiff being the producer of the film, within the meaning of Section 511 of the Copyright Act, 1957. C. Hari Shankar, J., held that the plaintiff has no right in law to injunct the defendant from novelizing the screenplay of the film ‘Nayak' as the screenplay was written by Satyajit Ray and not RD Bansal. Read More

[RDB and Co HUF v. Harpercollins Publishers India Private Limited]

[Civil Defence Volunteer Enrolment] Eligibility condition ‘place of residence' being Delhi not violative of Articles 14, 16 and 21: Delhi High Court

In a Public Interest Litigation (PIL) filed by Anand (petitioner), a practicing advocate challenging the constitutional validity of sub-clause (1) to Clause 3 of the Order passed by the Divisional Commissioner to the extent it makes “resident of Delhi” as a necessary condition to become eligible for being a civil defence corps and that it is mandatory that a candidate for enrolment of Civil Defence volunteer has to be a resident of Delhi. A division bench of Subramonium Prasad, CJ., and Tushar Rao Gedela J., did not interfere with the Order issued by the Divisional Commissioner as by no stretch of imagination, it can be held that the condition regarding the place of residence is violative of Articles 14, 16 and 21 of the Constitution. Read More

[Anand v. Govt of NCT of Delhi]

Delhi High Court directs Trade Mark Registry to conduct phonetic search of a mark even at the preliminary stage

In a case wherein a rectification petition was filed under Section 57 of the Trade Marks Act, 1999 (‘Act') for rectification of the Trade Marks Register by removal, from the register, of the respondents' registered trade mark ‘INSAID', a Single Judge Bench of C. Hari Shankar*, J. held that the present case falls entirely within the four corners of Section 11(1)(b) of the Act and thus, the registration of the respondents' ‘INSAID' mark could not sustained, as, owing to its similarity to the petitioner‘s existing earlier trade mark ‘INSEAD', and the similarity of the services provided under the two marks, which were both educational services, there existed a likelihood of confusion, on the part of the public, between the two marks. Thus, the Court held that the impugned registration of the impugned device mark ‘INSAID' should be quashed and set aside. Read More

[Institut Europeen D. Administration Des Affaires v. Fullstack Education (P) Ltd., 2023 SCC OnLine Del 3016]


Gujarat High Court grants interim relief to Delhi L-G Vinai Kumar Saxena in 2002 assault case

In a special criminal application filed by Lieutenant- Governor (‘L-G’) of Delhi Vinai Kumar Saxena, seeking stay on proceedings against him for assault charges alleged by activist Medha Patkar. A plea was filed to set aside the Ahmedabad Magistrate Court Order, wherein the trial against the L-G in assault case was refused to be kept in abeyance. The Single Judge Bench of M.K. Thakker ordered interim stay on the proceedings pending before the Ahmedabad Court against Delhi L-G. Read More

[Vinai Kumar Saxena v. State of Gujarat]


Karnataka High Court sets aside orders sanctioning prosecution of 3 persons alleged to have provided luxury amenities to Sasikala during her detention in jail

While deliberating over three petitions challenging State Government's order of sanction for prosecution initiated against the petitioners under Section 13(1)(c) [pre 2018 amendment] and Section 13(2) Prevention of Corruption Act, 1988, the Bench of K. Natrajan, J.*, allowed the petitions and set aside the impugned orders of sanction for prosecution for offences under the 1988 Act. Read More

[Gajaraja v. State of Karnataka]


No relief for actor Unni Mukundan in sexual harassment case; Kerala High Court directs Trial Court to proceed with trial

In a challenge against order dated 21-5-2020 passed by Sessions Court confirming Trial Court order refusing to discharge actor Unni Mukundan facing prosecution for offences under Sections 354 and 354-B of Penal Code, 1860, K. Babu, J. said that the Court is not inclined to terminate the proceedings at this stage and dismissed the petition. Read More

[Unni Mukundan v. State of Kerala]

Minor girl impregnated by her own brother; Kerala High Court allows termination of pregnancy

In a Civil Writ Petition seeking directions by the Court for terminating pregnancy of a 15-year-old victim impregnated by her own brother, Ziyad Rahman A.A., J. allowed the said medical termination of pregnancy and directed the authorities to take necessary steps without any delay. Read More

[XXX. v. Union of India]


Can Schools Conduct Special Classes During Summer Break? Madras High Court answers

In a writ petition filed for directing the State to institute appropriate legal actions against the Correspondent, Jose Matriculation Higher Secondary School (‘School’), for compelling students of classes 10th and 12th for the academic year 2023-2024 to attend the special classes throughout the month of May 2023 in their school premises physically, the division bench of M. Dhandapani* and R. Vijayakumar while terming the present writ petition as a motivated one, dismissed the same. Further, it imposed a cost of Rs.25,000/- on the petitioner, payable to the Corporation Girls Higher Secondary School within a period of two weeks from the date of receipt of a copy of this order. Also, it said that the amount shall be used either for construction of a Toilet or for purchasing a Napkin Vending Machine. Read More

[S. Periyaraja v. State of T.N., 2023 SCC OnLine Mad 3313]

Who is liable for unauthorised transactions via prepaid payment instruments? Madras High Court answers

In a writ petition filed praying to issue an interim direction directing the City Union Bank, to immediately credit a sum of Rs. 3 lakhs, being the sum unlawfully and authorizedly siphoned off from the account of the petitioner using Paytm, R.N. Manjula*, J. said that no fraudulent actions were done by the petitioner, but the violations were done by the third parties and Paytm has failed to resolve the dispute within 90 days and has not come out with any concrete structure as to how the loss suffered is going to be compensated. Further, it did not prove how the customer is liable, thus, the Court held that Paytm is liable to make out the loss suffered by the petitioner. Read More

[Dr. R. Pavithra v. Commissioner of Police]


Departmental Proceedings cannot be continued after superannuation of employee unless provided under the Service Rules: Orissa HC reiterates

In a civil writ petition filed by a Seed Production Officer and marketing manager (‘petitioner'), working at Odisha State Seed Corporation Limited, (‘the Corporation'), sought to quash the Show Cause Notice issued against him and direct the Corporation to release all the consequential terminal dues and service benefits. The Single Judge Bench of Sanjay Kumar Mishra*, J. allowed the petition and quashed the said Show Cause Notice. The Court also directed the authorities concerned to release the retirement dues of the petitioner along with payment of 10 percent interest on the amount of gratuity. Read More

[Tapan Narayan Mohanty v. Odisha State Seed Corporation Limited]

Orissa HC orders ad-hoc promotion of Inspector to DSP rank during pendency of Disciplinary Proceedings

In a writ petition filed under Article 226 and 227 of the Constitution of India, wherein the petitioner had sought directions to the Government of Odisha and respective authorities to promote the petitioner to the rank of Deputy Superintendent of Police (‘DSP'), the Single Judge Bench of A.K. Mohapatra, J., directed the authorities to open the sealed cover containing the result of the Departmental Promotion Committee (‘DPC') regarding the Petitioner's promotion and promote the petitioner to the rank of DSP. Read More

[Geeti Ranjan Mohapatra v. State of Odisha, 2023 SCC OnLine Ori 2393]

Explained| Muslims can adopt a surrendered child, but must follow procedure in JJ (Care and Protection of Children) Act: Orissa HC

In a criminal writ petition filed under Article 226 of the Constitution of India, wherein the natural guardian, father of the minor daughter had sought issuance of writ of habeas corpus to produce the minor daughter in the Court and restore her custody to him, the Division Bench of S. Talapatra* and Savitri Ratho, JJ., allowed the petition and directed the Opposite Parties to handover the custody of the minor daughter to her father. Read More

[Nesar Ahmed Khan v. State of Orissa, 2023 SCC OnLine Ori 2403]


Punjab and Haryana High Court refuses interim relief in favour of ‘Blenders Pride' trade mark against ‘Royal Challenger American Pride'

In an appeal against order dated 17-1-2022 dismissing application under Order 39 Rule 1 and 2 of Civil Procedure Code, 1908 against infringement of trademark ‘Blenders Pride' by using, manufacturing and selling goods under alleged trade mark ‘Royal Challenge American Pride', the Bench of Augustine George Masih and Alok Jain*, JJ. refused to grant any interim relief to the appellant company, since they could not prove any irreparable loss or injury and how the balance of convenience lies in their favour. Read More

[Pernod Ricard India Pvt. Ltd. v. United Spirits Ltd.]

Husband accused of sharing wife's ‘obscene videos' with partner in extra-marital affair; Punjab and Haryana High Court grants anticipatory bail.

In separate petitions filed by the complainant’s husband and co-accused under Section 438 of Criminal Procedure Code, 1973 (‘CrPC’) seeking anticipatory bail for offences under Sections 67, 67-A of the Information Technology Act, 2000 (‘IT Act’), Gurbir Singh, J. granted anticipatory bail to the husband and co-accused, since the prosecution case was based on preparation and transmission of videos to the complainant and not the general public. Read More

[X v. State of Punjab]


Admonishing wife for having illicit intimacy will not amount to abetting wife to commit suicide: Telangana High Court

In a case wherein the Accused 3 (Petitioner) along with the other accused was being prosecuted for the offence under Section 306 of the Penal Code, 1860 (‘IPC') because the wife of Accused 1 committed suicide, a Single Judge Bench of K. Surender, J.* opined that it was understandable that if there was no illicit intimacy with another person and the husband or the family members were making false allegations against a woman, but, in the present case, the factum of illicit intimacy was not disputed and it could not be said that asking the deceased to refrain from continuing illicit intimacy with Accused 4 would in any manner amount to abetment under Section 107 of IPC. Thus, the Court held that admonishing wife for having illicit intimacy would not in any manner amount to abetting the wife to commit suicide. Read More

[B. Nagamani v. State of Telangana]

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