ALLAHABAD HIGH COURT
‘Proceedings are counterblast and were initiated with motive for wreaking vengeance’, Allahabad HC quashes criminal proceedings against woman who filed FIR against husband and his relatives
In an application under Section of the (‘CrPC’) filed to quash the charge sheet and summoning order, Saurabh Shyam Shamshery, J. has said that since ingredients of Sections , of the (‘IPC’) are absolutely missing as well as not only FIR was lodged after about 11 months, without any explanation but on basis of above referred facts, present proceedings are counterblast and were initiated with motive for wreaking vengeance, therefore, in the light of A.M. Mohan v. State, , it is a fit case where in exercise of inherent power present criminal proceedings can be quashed. Thus, the Court set aside the impugned charge sheet, summoning/ cognizance order as well as entire criminal proceedings against the applicants.
Allahabad HC directs Principal Secretary to implement guidelines in Government departments to avoid filing Arbitration appeals beyond statutory time limits
In an appeal filed by the State under Section of the (‘the Act’) filed along with an application under Section 5 read with Article 137 of the (‘Limitation Act’), for condonation of delay of more than 120 days in filing the appeal, Shekhar B. Saraf, J., dismissed the appeal being time barred, and issued directions to the Principal Secretary (Law), Uttar Pradesh, to take necessary steps for implementation of guidelines in Government departments to avoid the filing of appeals beyond the statutory time limits.
‘Majority will become minority, if religious congregation where conversions are taking place are not stopped’; Allahabad HC denies bail to man accused of religious conversion
In a bail application seeking bail for offences under Section of the (‘IPC’) and Section 3 read with Section of the , during the pendency of trial, Rohit Ranjan Agarwal, J., said that in several cases unlawful activity of conversion of people of SC/ST castes and other castes including economically poor people into Christianity is happening at a rampant pace throughout the Uttar Pradesh. Thus, the Court denied bail to the accused.
Mechanical addition of charges u/s 302 IPC in dowry cases dilutes the severity of murder as an offense: Allahabad HC takes note of practice by Trial Courts
The Division Bench of Rahul Chaturvedi*, J. and Mohd. Azhar Husain Idrisi, J. while dealing with similar appeals related to dowry deaths, addressed the issue of the application of Section of the , (‘IPC’) in dowry-related cases, as a result of the misuse of murder charges in cases primarily revolving around dowry harassment and deaths.
ANDHRA PRADESH HIGH COURT
Andhra Pradesh HC directs State authorities to file details regarding implementation of electronic monitoring and enforcement of road safety
In a petition highlighting certain serious shortcomings regarding implementation of (‘the MV Act’) and Rule 167A of the Central Motor Vehicles (Seventeenth Amendment) Rules, 2021 (‘the Rules’), the Division Bench of Dhiraj Singh Thakur, CJ., and Ninala Jayasurya, J., stated that the issues highlighted in the present petition were of wide public importance and were needed to be considered seriously. Therefore, the Court directed the respondents to file a detailed reply giving the details regarding implementation of Rule 167A of the Rules, which provides for electronic monitoring and enforcement of road safety. The Court stated that the department of police dealing with traffic should also reflect the number of people against whom challan were issued due to non-use of protective headgear, the number of physical checks conducted by the traffic police authorities and the amount of fine collected.
BOMBAY HIGH COURT
Bombay HC permits cancer patient to medically terminate pregnancy at 24 weeks for receiving chemotherapy treatment
In a writ petition before the Division Bench of A.S. Gadkari and Dr. Neela Gokhale*, JJ., a 24-weeks pregnant woman suffering from pancreatic cancer sought the permission of the Court to medically terminate her pregnancy, the sustenance of which was keeping her from undergoing palliative chemotherapy treatment. In pursuance of its previous order dated 01-07-2024, wherein the Court had directed the King Edward Memorial Hospital, Mumbai to constitute a Medical Board to report on the risks associated with the same, the Division Bench permitted the medical termination of the petitioner’s pregnancy after consideration of the medical opinions and report, and taking note of her agony and rights.
Dress code prescribed by Chembur Trombay Education Society restricting wearing of hijab, does not violate Fundamental Rights: Bombay HC
Nine girl students (“petitioners”) of the respondent College (“College”) challenged the dress code instructions issued by the College for all its students that restricted the donning of articles revealing anyone’s religion, including hijab and niqab claiming them to be violative of the fundamental rights enshrined under Articles and of the . The Division Bench of A.S. Chandurkar* and Rajesh S. Patil, JJ., held that the instructions were issued to maintain discipline and ensure that the students do not reveal their religious faith through their attire. The Court further pointed out that the petitioners did not present sufficient material to prove that donning a hijab or niqab is an essential practice in Islam, and that the fundamental right of establishing and administering an educational institution would prevail over the fundamental right of an individual, since the former is in the larger interest.
Bombay HC upholds constitutionality of UGC Distance Learning Programme Regulations stipulating double-entry barriers for offering UG & PG programmes
In a writ petition filed by the Symbiosis Skills and Professional University (“SSPU”), challenging the constitutional validity of four provisions of the University Grants Commission (Open Distance Learning Programmes and Online Programmes) Regulations, 2020 (“Regulations”), the Division Bench of B.P. Colabawalla and Somasekhar Sundaresan*, JJ., perused the Regulations and upheld their validity, however also acknowledging their inappropriateness for skill universities such as the petitioner. The Regulations imposed barriers on the SSPU to operate certain programmes in the open distance learning (“ODL”) and online (“OL”) modes. The Court therefore stated the University Grants Commission (“UGC”) shall be entitled to exempt the SSPU from strict compliance with the NAAC accreditation requirement for running the provided programmes in the intended modes.
‘A person belonging to LGBTQ+ community is vulnerable to ridicule, harassment in jail’; Bombay HC grants bail to man accused of child trafficking
In a bail application filed by a member of the LGBTQ+ community charged for the offence under Section 370 read with Section of the (‘IPC’) and Sections and of the , Manish Pitale J., opined that because of the identity of applicant, he was vulnerable to ridicule and harassment in jail. Basing their reasoning on this opinion, the Court accepted the bail application.
Relationship between two adult individuals does not justify sexual assault on partner: Bombay High Court
Petitioner seeks quashing and setting aside of a case registered at Karad Taluka Police Station, Satara, for the offences punishable under Sections , , , and of the (‘IPC’). During pendency of the petition, a charge sheet was filed by the police officials on 26-09-2023 pending before the Additional Sessions Judge at Karad. Petitioner was given the liberty to amend the petition to challenge the proceedings which were now assailed. The Division Bench of A.S. Gadkari and Dr. Neela Gokhale, JJ., opined that the relationship between petitioner and the complainant in respect of indulging in sexual activities was not consensual to justify quashing of the criminal complaint at the threshold. Thus, the Court dismissed the petition.
CALCUTTA HIGH COURT
Calcutta High Court Division Bench Delivers Split Verdict in Murder Case: Acquittal Ordered by One Judge, Sentence Commuted by Another
A death reference and an appeal was filed challenging the judgement dated 29-09-2023 and order of conviction dated 30-09-2023 as passed by Sessions Judge out of a sessions case whereby the said Court found the present appellant guilty of the charge under Section (IPC) for the commission of murder of “Dharampita” and “Dharammata” of their adopted son (complainant), thus sentencing him to suffer capital punishment of death by hanging him by his neck till his death with fine of Rs. 1 lakh and to suffer R.I. for five years. A division bench of Soumen Sen and Partha Sarathi Sen, JJ., authored separate judgment wherein both judges had differences in opinion. Justice Soumen Sen set aside the death penalty and ordered conviction for 30 years, whereas Justice Partha Sarathi Sen ordered acquittal of the death row convict.
Calcutta High Court directs PNB to Pay Rs. 3 Lakh Compensation to Disabled Employee for Denying Local Posting in violation of Transfer Policy
A petition was filed by the petitioner seeking a mandamus to cancel the order dated 30-05-2020, in which Punjab National Bank (respondent bank) refused to restore the petitioner’s promotion from Scale-III to Scale-IV. Rajasekhar Mantha, J., impose exemplary and penal costs on the Punjab National Bank formerly known as United Bank of India of a sum of Rs.3,00,000/- which shall be paid by the Bank to the writ petitioner within a period of three weeks from date and directed to restore to the petitioner all increments with effect from December, 2018 till date. The Court further directed all arrears to be paid to the petitioner and his salary and pay to be suitably revised by the respondent Bank within three weeks.
Calcutta High Court directs Senior Examiner of Trademark to pass Speaking Order on rejection of Trade Mark Application for “ELECTRONICA”
In an appeal filed under Section of the after being aggrieved and dissatisfied with the impugned order dated 14-02-2024 that was passed by the Senior Examiner of Trade Marks (‘Senior Examiner’) (respondent 2) wherein the Trade Mark application under Class 9 for registration of trade mark ‘ELECTRONICA’ was rejected, a Single Judge Bench of Krishna Rao, J. set aside the impugned order, and remanded the matter back to respondent 2 since the order was passed after a year from the date of hearing and without allowing the appellant to make a proper submission.
Calcutta High Court refuses to consider order of the U.S. Bankruptcy Court for binding Trial Judge to stay anti-arbitration suit
In a revisional application directed against an order dated 17-01-2024, passed by the Commercial Judge at Rajarhat, North 24, Parganas in an anti-arbitration suit, a Single Judge Bench of Shampa Sarkar, J. dismissed the application and held that the suit was not required to be stayed since the plaint case and the reliefs claimed did not indicate that there was any monetary claim or any other claim that would be covered by Chapter 11 cases in the U.S. Bankruptcy Code.
Age Evidence Must Be Assessed Before Ordering Ossification Test; Calcutta High Court remands Compassionate Appointment Application
An appeal was filed by Eastern Coalfields Limited (appellant) against an order dated 16-03-2023, passed by a Single Judge of Calcutta High Court allowing an application seeking compassionate appointment. A division bench of Debangsu Basak and Md. Shabbar Rashidi, JJ., held that the Single Judge had failed to consider the documentary evidence regarding the petitioner’s age and did not allow the appellant a fair opportunity to contest the writ petition.
CHHATTISGARH HIGH COURT
Conviction cannot be made u/s 364A of IPC, unless abduction is coupled with ransom demand and life threat: Chhattisgarh HC sets aside conviction and sentence of accused
In a criminal appeal under Section of the (‘CrPC’) against the judgment dated 25-05-2023, passed by the IX Additional Sessions Judge, Raipur (‘the Trial Court’), whereby the appellants were convicted under Sections , , and of the (‘IPC’), the Division Bench of Ramesh Sinha, CJ* and Sachin Singh Rajput, J., opined that no conviction could be made out under Section 364-A of the IPC, unless it was proved by the prosecution that abduction was coupled with ransom demand and life threat. The Court opined that the prosecution had failed to establish offence under Section 364-A of the IPC against the appellants beyond reasonable doubt and the finding on which the Trial Court had convicted the appellant for the offence under Section 364-A of the IPC was wholly perverse. Accordingly, the Court set aside the impugned judgment dated 25-05-2023 passed by the Trial Court.
DELHI HIGH COURT
‘Registration does not confer immunity from challenges’; Delhi High Court grants interim injunction to prevent usage of trade mark ‘HUALI’
In a suit filed to seek a permanent injunction to prevent the defendants from utilizing the trade mark ‘HUALI’, a Single Judge Bench of Sanjeev Narula, J. held that the plaintiff had made out a prima facie case in their favour for grant of interim injunction and that if no interim injunction were granted in their favor, they would suffer irreparable harm.
Delhi High Court rules WhatsApp Chats Inadmissible Evidence Without Proper Certification; Rejects Dell International Services’ Delay Condonation Appeal
The petition was filed by Dell International Services Private Limited (the petitioner) under Articles 226 and 227, challenging the order dated 12-12-2023 passed by the Delhi State Consumer Dispute Redressal Commission. This order upheld a previous decision from 04-07-2023 by the District Commission, which refused to accept the petitioner’s written statement on the grounds that it was filed beyond the statutory time limit. Subramonium Prasad, J., held that it does not find any reason to hold that the reason given by the District Commission in refusing to condone the delay in filing the written submission is erroneous given the petitioner’s failure to provide the complete set of documents timely and the lack of proper certification for the WhatsApp conversations presented as electronic evidence.
‘Two different conclusions drawn on same material’; Delhi HC quashes reassessment notice issued by Assessing Officer on a mere change of opinion
In the present petition filed for assailing the notice dated 30-06-2022, issued under Section of (‘the Act’), the Division Judge Bench of Yashwant Varma and Purushaindra Kumar Kaurav*, JJ., was of the opinion that the impugned proceeding was unsustainable and deserve to be quashed. The Court while allowing the writ petition, quashed the notices issued via corrigendum dated 30-07-2022 along with all the consequential proceedings.
Will offence of forgery, fabrication, and filing of false affidavit, warrant lodging of complaint u/S. 340 CrPC? Delhi HC explains
In a suit for trade mark infringement, the defendant filed an accompanying application under Section of the (‘CrPC’) against the plaintiff, for relying upon and wrongfully obtaining an interim injunction based on false and fabricated documents, Prathiba M. Singh, J., while decreeing the suit in favour of the defendant and directing the plaintiff to pay Rs. 10 lakhs cost, said that provisions of Section 340 of the CrPC would be undermined if reliance on a forged and fabricated document went unpunished and held that it was fit case for filing a complaint under Section 340 of the CrPC before the Magistrate.
Delhi HC dismisses appeal filed for lack of appointment of judges to the High Courts
In an appeal filed to challenge the judgment dated 27-05-2024 passed by the Single Judge wherein a writ petition filed by the appellant was dismissed with costs on the ground that the appellant had no locus standi to maintain the same, a Division Bench of Manmohan, ACJ.* and Tushar Rao Gedela, J. upheld the impugned judgment and held that the appellant’s contention regarding ‘rejection of appointment of judges’ by the Supreme Court was misconceived.
Delhi High Court dismisses appeal filed against PM, Home Minister and Minister of Communications Alleging False Oaths and Anti-national Act of Terrorism
An appeal was filed challenging the order dated 30-05-2024 passed by the Single Judge whereby the writ petition filed by the appellant was dismissed on the ground that the petition was replete with unsubstantiated and reckless allegations and tainted with malafides and oblique motives. A division bench of Manmohan, CJ., and Tushar Rao Gedela, JJ., dismissed the appeal and directed the local SHO to monitor the appellant and take appropriate action if required in line with the .
‘Suffered undeserved legal injury to her reputation’; Delhi HC orders TMC MP Saket Gokhale to pay Lakshmi Puri Rs 50 lakh damages for defamatory tweets alleging financial impropriety
In a defamation suit filed by India’s former Assistant Secretary General of the UN, Lakshmi Puri-petitioner, against TMC MP Saket Gokhale-respondent, for publishing a series of offending tweets against her and her husband, Hardeep Singh Puri, Anup Jairam Bhambhani, J., decreed the suit in Laksmi Puri’s favour and directed Saket Gokhale to pay her 50 lakhs as compensation, along with an apology, to be published on his twitter handle as well as in the Times of India (Delhi) newspaper.
Delhi High Court denies bail to K. Kavitha in cases related to Delhi Liquor Policy scam
In a matter of two bail applications filed by Kalvakuntla Kavitha in cases registered against her by the Directorate of Enforcement (‘ED’) and the Central Bureau of Investigation (‘CBI’) arising out of similar facts, a Single Judge Bench of Swarana Kanta Sharma, J. denied bail to K. Kavitha and held that no case could be made out for the grant of a regular bail.
‘Non-filing of certificate at relevant stage is a curable defect’; Delhi HC sets aside order dismissing to take on record certificate u/s 65-B of IEA
In the petition filed under Article of the challenging the impugned order passed in Civil Suit pending before the Additional District Judge, Patiala House Courts, New Delhi (‘Trial Court’), wherein the application praying to record the certificate under Section of the (‘IEA’) was dismissed, Shalinder Kaur, J., while setting aside the impugned order dated 26-07-2018, held that the filing of the certificate under Section 65-B IEA was a matter of procedure and by not allowing the same to be taken on record amounts to taking a hyper technical view which was against the settled preposition of law.
Can the Court pass orders for trademark infringement in an execution petition? Delhi HC answers
In a petition filed by the Glaxo Group (‘Glaxo’) (decree holders) for execution of a decree passed in a suit for infringement of trademark by the defendant, Jasmeet Singh, J, while restraining defendants from infringing upon Glaxo’s trade mark, held that the Court in an execution petition could arrive at a finding that the products of the judgment-debtors were similar and infringing the trademark of the decree-holders, in order to execute the decree of injunction, and can pass orders subsequently, so as to give effect to the decree.
‘Records summoned will reveal basis of dispute between parties’: Delhi HC dismisses Hershey India’s plea for recalling summons of witnesses
In the present petition filed under Article of the read with Section of the (‘CPC’) against the order dated 19-07-2023 passed by the Additional District Judge-09, Central, Tis Hazari Courts, Delhi (‘Trial Judge’), whereby application under Order XVI Rule 1 & 2 of CPC filed by the petitioner praying for recall of the summons of witness was dismissed, Shalinder Kaur, J., held that there was no infirmity in the order passed by the Trial Court. The records summoned upon the application of respondent/plaintiff would reveal the basis of the dispute between the parties.
JHARKHAND HIGH COURT
Jharkhand HC sets aside orders passed without application of mind and complying with mandatory requirements of law
In a criminal miscellaneous petition filed by the petitioner-accused under Section of the (‘CrPC’) to quash the order dated 28-03-2024 and 03-05-2024, passed by the Judicial Magistrate First Class, Jamshedpur (‘Judicial Magistrate’), Anil Kumar Choudhary, J., opined that stated that without any observation or satisfaction by the Judicial Magistrate that the petitioner was evading his arrest, the warrant of arrest was issued. Accordingly, the Court quashed and set aside the order dated 28-03-2024.
‘Totally illegal, arbitrary and whimsical’; Jharkhand HC directs State to pay Rs 5 lakh compensation for illegal demolition of shops
In a petition filed seeking to declare that the respondent authorities did not have any jurisdiction or authority under the law to forcibly and illegally demolish/bulldoze the building premises of the petitioner, Sanjay Kumar Dwivedi, J., stated that there was no show cause notice or even a proceeding initiated against the petitioner with regard to said dispute. No document was brought on record by way of counter affidavit and supplementary counter affidavit by the State about the said possession and this clearly established that in absence of any proceeding the demolition order was passed. The Court stated that the action of the authority in demolishing the shops was nothing but totally illegal, arbitrary and whimsical.
KARNATAKA HIGH COURT
[Rights Issue] | Parties to maintain status quo; Byju’s to not make share allotment till NCLT reaches a final decision during remand proceedings: Karnataka HC
The instant appeals challenged the common judgment of the Single Judge Bench dated 02-07-2024 whereby which the order of National Company Law Tribunal (NCLT) in MIH Edtech Investments B.V. v. Think & Learn (P) Ltd., , was set aside and the matter was remitted to the NCLT for reconsideration. The Division Bench of NV Anjaria, CJ* and KV Aravind, J., directed the parties to maintain the status quo vis-a-vis the subject matter of the dispute till a final decision is made by the NCLT during the remand proceedings. The Court further directed that respondents shall not make allotment of shares in the interregnum.
KERALA HIGH COURT
Will penal provisions under Kerala Protection of Riverbanks and Regulation of Removal of Sand Act apply to river sand found on stationary vehicle? Kerala HC answers
In petition under Section of the (‘CrPC’) filed by the accused, raising the question that whether the penal provisions of the (‘Sand Act’) would apply to river sand found on a stationary vehicle, Bechu Kurian Thomas, J. dismissed the petition while holding that a vehicle loaded with river sand, whether stationary or in motion, would come under the purview of the Sand Act, and would attract the penal provisions under it.
Kerala HC directs Police Chief to ensure arrests or detention based on wrong identity do not violate right to life and liberty
In a writ petition filed seeking compensation of Rs.10,00,000/- to the petitioner for her illegal arrest and detention by the police, Gopinath P, J., while dismissing the writ petition, said that petitioner 1 had not made out any case for award of compensation in exercise of the Court’s jurisdiction under Article of the , and the relief sought against the police for harassment was unsustainable. However, the Court directed the State Police Chief to ensure that arrest or detention, based on the wrong identity, did not result in the invasion of life and liberty of innocent citizens.
MADHYA PRADESH HIGH COURT
RTI| MP High Court directs disclosure of marks obtained by other candidates in Agniveer recruitment examination within 15 days
In a writ petition filed under Article of the seeking information regarding marks obtained by other candidates in a public examination for Agniveer recruitment process, a single-judge bench of Vishal Dhagat, J., directed the respondents to disclose the marks obtained by other candidates, emphasising the public interest in transparency in examination processes.
MP High Court imposes cost of Rs 50,000/- on Khandwa BJP MLA Kanchan Tanve for delaying tactics and false allegations against the Court
In an application filed by the respondent 1, Khandwa BJP MLA Kanchan Tanve for the modification of an ex-parte order passed against her, a single-judge bench of G.S. Ahluwalia, J., allowed the application for modification due to the pending amendment application, ensuring procedural fairness while imposing a cost of Rs. 50,000/- on the respondent 1 for delaying tactics and making false allegations against the Court.
Waqf Tribunal has no jurisdiction to decide pre-Waqf Act suits pending before civil courts: MP High Court
In a civil revision challenging the State Waqf Tribunal’s order dated 24-07-2003 on the ground that Waqf Tribunal had no jurisdiction to decide the suit under the provisions of the , a single-judge bench of Sanjay Dwivedi, J., held that the Waqf Tribunal did not have jurisdiction to decide the suit as it was pending before the commencement of the . Consequently, the Court set aside the Tribunal’s judgment and remitted back the suit to be decided by the civil court as per the original jurisdiction.
MADRAS HIGH COURT
Madras High Court sets aside conviction and 3-year sentence of former AIADMK Minister Balakrishna Reddy in a 1998 Riot case
In batch of criminal appeals filed by former AIADMK Minister Balakrishna Reddy and other Ministers against the conviction order passed by the Special Court for cases related to elected members of Parliament and Members of Legislative Assembly of Tamil Nadu, Chennai, and set aside the same and consequently acquit them, G. Jayachandran, J. has set aside the impugned judgment and has acquitted all the convicts of their charges, as the charges were not proved beyond doubt.
Madras HC directs Bar Councils to initiate disciplinary proceedings against Advocates advertising and soliciting work through Online Service Providers
In a writ petition filed as a “Pro Bono Publico” in the interest of legal profession, for directing the Chairman and Members of the Bar Council of India and Bar Council of Tamil Nadu and Puducherry, to take appropriate action against quikr.in, sulekha.com, justdial.com and any other service provider, restraining them from carrying on the business of providing legal services on their web portal or Applications, the division bench of S.M. Subramaniam* and C. Kumarappan, JJ. has issued the following directions.
Inside Madras High Court’s verdict on post-sale discounts received by way of financial credit notes
In a writ petition filed against the order passed by the Assistant Commissioner (ST)(FAC), and quash the demand of tax of Rs.25,88,468/- each under Central Goods and Services Tax (CGST) and SGST along with interest and penalty as the same being arbitrary, without the authority of law, passed in violation of the principles of natural justice and beyond the scope of the show cause notice, Senthilkumar Ramamoorthy, J. has set aside the impugned order only insofar as defect no.3 relating to reversal of Input Tax Credit for the value of credit notes issued by the supplier is concerned. Further, the Court remanded defect no. 3 for re consideration by the original authority. The Court also directed the assessing officer to issue a fresh order within three months from the date of receipt of this order, after providing a reasonable opportunity to the petitioner, including a personal hearing.
Madras HC takes suo motu cognizance of Kallakurichi hooch tragedy; Directs Registry to place matter before Acting Chief Justice
In a suo motu cognizance of the manufacture and sale of illicit arrack by the people in Kalvarayan hills, to protect the socio-economic status of the downtrodden Scheduled Caste (‘SC’) and Scheduled Tribes (‘ST’) people residing in various hamlets in Kalvarayan hills, the division bench of S.M. Subramaniam and C. Kumarappan, JJ. has initiated suo-motu writ petition against the Chief Secretary, Government of Tamil Nadu; Secretary to the Government of India, Ministry of Tribal Affairs; Principal Secretary to Government of Tamil Nadu, Adi Dravidar and Tribal Welfare Department; Director General of Police; District Collector; Superintendent of Police. Further, the Court directed the Registry to place the present suo motu writ petition before the Acting Chief Justice for passing appropriate orders.
Madras HC directs State Bar Council to expedite elections for Egmore Court Advocate’s Association
In a writ petition filed against the order of the Bar Council of Tamil Nadu and Puducherry, wherein, the Bar Council said that the Egmore Court Advocate’s Association (‘ECAA’) should conduct Election by following the order dated 24-05-2019 passed by the Enrollment Committee in the matter of G.T. Bar Association, the division bench of S.M. Subramaniam* and C. Kumarappan, JJ. gave the following directions.
Quashing criminal prosecution by obtaining apology letter for violence inside college campus by teachers is not in interest of justice: Madras HC
In a criminal original petition filed under Section of (‘CrPC’), G. Jayachandran, J. has said that CrPC provides for bargain or plead guilty or compound. By-passing the procedures and quashing criminal prosecution, by obtaining an apology letter for an act of violence inside the college campus by the teaching staff is not in the interest of justice. Hence, the Court dismissed to quash petition, and allowed the accused to approach the Trial Court and seek remedy either by resorting to plead bargain or compounding.
MEGHALAYA HIGH COURT
‘Prosecution in rape cases cannot be withdrawn on basis of survivor’s forgiveness or understanding between parties’: Meghalaya HC
In an application under Section of the (‘CrPC’) for quashing the First Information Report for offences under Section read with Section of the (‘IPC’) along with the Sessions Case initiated against the accused persons, B. Bhattacharjee, J. dismissed the petition for lack of merits and said that serious offences including rape cannot be settled or withdrawn on the basis of forgiveness granted by the survivor or on the basis of any understanding arrived at between the parties.
ORISSA HIGH COURT
A commissioning mother, who begotten child through surrogacy is entitled to maternity leave and other benefits: Orissa High Court
In an application under Articles and of the , regarding the maternity benefits to a mother who had begotten her child through process of surrogacy, Dr. S.K. Panigrahi, J. allowed the application and held that if the Government could provide maternity leave to an adoptive mother, it would be wholly improper to refuse to provide maternity leave to commissioning mother. Hence, the Court held that maternity leave should be granted to female employees who become mothers through surrogacy to ensure equal treatment and support for all new mothers, irrespective of how they become parents.
‘Reluctance to marry after engagement cannot be made penal offence’; Orissa HC quashes Trial Court’s cognizance order for offence u/s. 306
In an application under Section of the , seeking quashment of the order taking cognizance of offence punishable under Section of the (IPC), the Sibo Sankar Mishra, allowed the petition and quashed the Trial Court’s cognizance order and all the consequential proceedings arising thereto.
‘Awards of Lok Adalat are not independent verdict, should strive to function as conciliators and have no jurisdiction to try policy matters’: Orissa HC
In an application under Articles and of the challenging the award by the Chairman, permanent Lok Adalat (PSU), Balangir, wherein, he Station Manager, Railway Station, Balangir Town was directed to move before the authority concerned and release funds for coach indication board, Dr. S.K. Panigrahi, J.*, allowed the petition and quashed the impugned award, holding that the Permanent Lok Adalat have no jurisdiction to try policy matters, and that the “award” of Lok Adalat does not mean any independent verdict or opinion arrived by any decision-making process.
PATNA HIGH COURT
‘No parent of any girl in our society can damage reputation of their daughter regarding her chastity’; Patna HC upholds conviction u/s 376 of IPC
In a criminal appeal filed for setting aside the impugned judgment of conviction and order of sentence dated 22-06-2017 and 23-06-2017, respectively passed by Ist Additional Sessions-cum-Special Judge (POCSO Act), Araria, whereby appellant was convicted under Sections of the (‘IPC’) and Sections / of the (‘POCSO’), the Division Bench of Ashutosh Kumar and Jitendra Kumar, JJ., while partially allowing the appeal, opined that no parent of any girl could damage the reputation of their daughter regarding her chastity and stated that a child born after nine months after the alleged occurrence was itself a proof that the victim was subjected to ravishment by the appellant and co-accused. The Court held that the victim was a major during the occurrence and thus, the charges of POCSO were dropped. However, the Court upheld the appellant’s conviction under Section 376 of the IPC.
PUNJAB & HARYANA HIGH COURT
‘Healthy and constructive criticism should always be welcome’; Punjab and Haryana HC drops criminal contempt proceedings against a man for his pleadings against a Judge
In a criminal contempt petition listed after suo motu notice was taken by the Single Bench regarding the averments of the respondent in a petition filed under Section of the (‘CrPC’), the Division Bench of Anupinder Singh Grewal* and Kirti Singh, JJ., opined that the pleadings in the petition filed under Section 482 of the CrPC by the respondent, did not suggest that they were mala fide or in good faith. The pleadings could have been better worded, but it was difficult to conclude that they were mala fide. The respondent was only seeking expeditious disposal of his case. Further, the Court noted that the respondent had furnished his unqualified and unconditional apology. The respondent undertook that he would not use any contemptuous words/language in future and would abide by all the conditions imposed by the Court. Thus, the Court stated that the action of the respondent did not constitute criminal contempt of court and accordingly, dropped the criminal contempt proceedings.
[BNSS] Punjab and Haryana HC determines governing law for time barred petition filed under CrPC before 30-06-2024 and pending as of 01-07-2024
In the petition filed for adjudicating the application under Section of the (‘the Act’) seeking condonation of the 38-day delay in filing the revision petition under Section 401 of Code of Criminal Procedure due to the extraordinary circumstances of the petitioner’s incarceration on having been convicted under Section of by the Trial Court as well as Sessions Court. Anoop Chitkara, J., allowed the application for condonation of delay considering the provisions of Section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and Section of the , which preserves rights and legal proceedings under repealed statutes as the application for condonation was taken up on 02-07-2024 once the BNSS came into effect and CrPC stood repealed. However, the criminal revision petition was deemed to be pending as of the date it was originally filed, under the provisions of the Criminal Procedure Code.
RAJASTHAN HIGH COURT
Rajasthan High Court asks State to consider providing statutory remedy of Appeal/Revision against Section 6-A Rajasthan Bovine Animal Act’s orders
In petitions seeking quashment of the District Collector’s orders regarding the confiscation and refusal to release petitioners’ vehicles, allegedly used for transporting bovine animals without permits thereby committing offenses under the (RBA Act), a single-judge bench of Sudesh Bansal, J., upheld the District Collector’s orders, refrained from intervening in the orders of the District Collector as District Collector acts in a quasi-judicial capacity, not as a criminal court and denied the petitions under Section 482 CrPC to quash the confiscation orders and release vehicles on interim custody.
‘Article 21 includes right to safe and healthy food’; Rajasthan High Court issues interim measures to curb food adulteration
While taking a suo-moto cognizance in ‘In re: Public Health — Protect the Present and Safeguard the Future from Food Adulteration’ to find out the solutions for good health of all the living beings, a single-judge bench of Anoop Kumar Dhand, J., emphasised on the need for stringent implementation of food safety regulations and increased public awareness to combat food adulteration and protect health. The Court issued interim measures to strengthen regulatory frameworks, enhance testing infrastructure, and involve public participation in safeguarding food quality.
TELANGANA HIGH COURT
Telangana HC dismisses plea of former CM K. Chandrashekar Rao challenging appointment of Commission to inquire into irregularities of power procurement from DISCOMS during his tenure
Petitioner assailed the validity of G.O.Ms.No.9, Energy (Power.II) Department, dated 14-03-2024 issued by the State Government by which a Commission was appointed to conduct an inquiry into the correctness and propriety of the decision taken by the erstwhile Government of Telangana on procurement of power from the Distribution Companies (‘DISCOMS’) of the State of Chhattisgarh and to inquire into correctness and the propriety of the decision taken by the erstwhile State Government of Telangana to establish Bhadradri Thermal Power Station (‘BTPS’) at Manuguru and Yadadri Thermal Power Station (‘YTPS’) at Damaracherla.
‘Preposterous to assume that Chief Minister of State will personally handle twitter for posting trivial, casual tweets’: Telangana HC dismisses plea to register FIR against CM
The writ petition was filed by the petitioners seeking to issue an appropriate order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of Respondents 1 to 5, in not registering the FIR based on the complaint made by the petitioner on 01-05-2024, 04-05-2024, representation dated 02-05-2024 received on 03-05-2024; in not registering the crime against Respondent 6, Chief Minister of Telangana and not taking any action against him as illegal, arbitrary, and against the principles of natural justice and violation of Section of the ; Articles , , and of and consequently direct the police to entertain the complaint and register the FIR against Respondent 6 and to investigate the same as per the provisions of law.
TRIPURA HIGH COURT
No appeal lies u/s of against orders of Executing Court: Tripura High Court
The present appeal under Section of the (‘the LA Act’) was preferred challenging the order dated 25-01-2024 along with other orders passed by L.A. Judge, Sepahijala District, Bishalgarh. Biswajit Palit, J., opined that there was no scope to prefer any appeal under Section 54 of the LA Act, against any order specifically the order dated 25-01-2024 by the appellant as the appeal might only be preferred against the judgment/award not against any particular order/orders. The Court dismissed the appeal being devoid of merit as the same was not maintainable under Section 54 of LA Act.
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