BAIL
CHATTISGARH HIGH COURT| ‘Section 482 of BNSS widens discretionary powers of Courts hearing anticipatory bail applications’: Anticipatory bail to a woman and her uncle, granted
In an application filed by the applicants under Section 482 of the BNSS apprehending their arrest for offence punishable under Sections , / of the (‘IPC’), Goutam Bhaduri, J., observed that under Section of (‘CrPC’), there were several guiding factors which were needed to be considered while granting the anticipatory bail. However, the new provision i.e. Section 482 of BNS deleted the guiding factors which the Courts hearing anticipatory bail applications might have taken into account, such as nature and gravity of accusation, criminal antecedents, and the possibility of the accused to flee from justice. This deletion widened the discretionary powers of the court hearing such applications.
CALCUTTA HIGH COURT| ‘Tampering with complaint raises concerns about integrity of investigation’; Bail granted to accused in sexual assault case of IAS Officer’s wife, cancelled
In a petition filed by a victim of sexual abuse to highlight the procedural lapses and tampering of evidence by the police in handling her case, a Single Judge Bench of Rajarshi Bharadwaj, J. found that the matter reflected severe lapses in the procedure adopted by the police to handle the matter and raised concerns about the integrity of the investigation and cancelled the bail as well as the anticipatory bail granted to the accused.
PUNJAB & HARYANA HIGH COURT| Convict cannot be released on probation under Section 482 of CrPC, especially when appeal against his conviction is sub judice
In a case wherein a question arose that whether the Court in exercise of its jurisdiction under Section of the (‘CrPC’), release a convict on probation of good conduct, when his appeal was still pending before the Sessions Court, Sangrur (‘the Sessions Court’), the Division Bench of Sureshwar Thakur and Sudeepti Sharma, JJ., opined that the jurisdiction invested in this Court under Section 482 of CrPC does not yet leverage in the convict to claim that he should be released on probation of good conduct, especially when an appeal against his conviction and sentence was yet sub judice before the Sessions Court.
BOMBAY HIGH COURT| Right to default bail does not arise if trial is not concluded within 60 days under S.437(6) CrPC
In the present case, applicant sought bail in a case registered with Sillod City Police Station, Aurangabad, for the offences punishable under Sections 120-B1, 1822, 1933, 4194, 4205, 4686, read with Section of the . A Single Judge Bench of S.G. Mehare, J., opined that even if the trial was not concluded within 60 days as prescribed under Section of the (‘CrPC’), that did not give a right to bail for default and the term “shall” used in Section 437(6) was discretionary. The Court opined that as applicant had no good past, thus, apprehension of her absconding was also justifiable. Therefore, the Court dismissed the bail application.
PUNJAB & HARYANA HIGH COURT| ‘Mother’s presence essential for fostering stable environment’; Anticipatory bail granted to a mother of ten-year-old despite prima facie evidence against her
In a petition filed by the petitioner under Section of the seeking anticipatory bail, Anoop Chitkara, J., stated that the evidence collected was primarily documentary, and pointed towards the petitioner’s involvement, knowledge and awareness of the fraud perpetrated by her and her husband. There was sufficient prima facie evidence connecting the petitioner with the alleged offense. The Court further stated that although the evidence might be prima facie sufficient to launch prosecution or to frame charges and even to deny anticipatory bail, the Court was considering granting her bail.
COMPENSATION
KARNATAKA HIGH COURT| ANI Technologies to pay Rs 5 Lakhs as compensation to woman sexually harassed by OLA cab driver in 2018
While considering the instant petition filed by a victim of sexual harassment at the hands of a driver of OLA Taxi, expressing her grievance on the inaction on the part of the Internal Complaint Committee (ICC) of ANI Technologies Private Limited (OLA), the Bench of MGS Kamal, J., directed the ICC to hold an enquiry into the complaint of the petitioner dated 30-09-2018 in accordance with the provisions of PoSH Act, 2013 and complete the process as expeditiously as possible within an outer limit of 90 days from the date of receipt of certified copy of the order as per Section 11 of the PoSH Act, 2013 and submit the report to the District Officer as provided thereunder.
EDUCATION LAW
CHATTISGARH HIGH COURT| ‘State cannot fix quota or percentage of admission in unaided minority educational institutions’: Rule fixing 50% seats to local minority students, ultra vires
In a petition filed by the petitioners under Article of the through their unaided private educational institution for declaring the Rule 4(1)(d)(i) of the Chhattisgarh Ayush Graduate Course Admission Rules, 2023 (‘the Admission Rules, 2023’) as ultra virus and unconstitutional, the Division Bench of Ramesh Sinha, CJ and Ravindra Kumar Agrawal, J., declared Rule 4(1)(d)(i) of the Admission Rules, 2023 as ultra vires and held that the State could not fix quota or percentage of admission in unaided minority educational institutions.
DELHI HIGH COURT| Domicile Certificate delays beyond students’ control; CBSE to declare Board Exam results
The petitioners filed several writ petitions seeking permission to appear for the Class X Board examinations, specifically for the English language paper scheduled on 26-02-2024, as well as for subsequent examinations in accordance with the CBSE schedule and to declare Clause P (2) of CBSE Notice dated 05-09-2023, titled as — Submission Of Examination Forms By Private Students For Class-X Examinations — 2024 as arbitrary and illegal and also to accept and receive the domicile certificate of the petitioner after the cut-off date. Purushaindra Kumar Kaurav, J., disposed of the petition and directed CBSE (respondent) to declare the results of the petitioners within 30 days, in accordance with the examination bye-laws, from the date of receipt of the order, subject to necessary verification.
ENVIRONMENTAL LAW
MADHYA PRADESH HIGH COURT| Response sought in plea challenging State Committee’s expertise on Rehabilitation of migrated Wild Elephant
In a Public Interest Litigation (PIL) filed seeking a direction to the respondent/authorities to release the captured elephants and to rehabilitate them in the wild with the aid and assistance of experts, a division bench of Vivek Agarwal and Devnarayan Mishra, JJ., granted two weeks’ time to the petitioner to file a counter to the memo submitted by the State in compliance with the previous court.
HABEAS CORPUS
MADRAS HIGH COURT| State to provide details on criminal cases against Isha Foundation
In a habeas corpus petition filed directing the respondents to produce the corpus or body of the petitioner’s daughters, who are held captive inside “Isha Foundation”, Coimbatore and set them at liberty, the division bench of S.M. Subramaniam and V. Sivagnanam, JJ. asked the petitioner to produce the details of criminal cases registered against the institution. Further, the Additional Public Prosecutor was directed to collect all those case details and place them before the Court for further consideration.
HUMAN AND CIVIL RIGHTS
RAJASTHAN HIGH COURT| Suo Moto cognizance taken of ‘Heartbreaking’ news on homeless widow’s plea for protection of her children
While taking a Suo Motu cognizance based on a newspaper article published in ‘Rajasthan Patrika’ on 25-09-2024, which reported a widow residing in a tent on a footpath with her four minor children, including two daughters and highlighted negligence in implementing child protection laws and schemes in Rajasthan, a single-judge bench of Anoop Kumar Dhand, J., issued notice to the respondents and directed them to provide immediate care, protection, and shelter to the children and their mother residing in the tent.
IPR
DELHI HIGH COURT| Settlement in trade mark infringement case between ‘BURJNOIDA’ project owner and Dubai based Jumeirah Beach Resort, allowed
In cross appeals filed against the impugned judgment dated 09-11-2021 passed by a Single Judge wherein the application filed by Jumeirah Beach resort LLC (‘Jumeirah’) under Order and of the (‘CPC’) was decided, a Division Bench of Rajiv Shakdher and Amit Bansal, JJ. allowed Designarch Consultants Pvt. Ltd. (‘Designarch’) and Jumeirah to settle while accepting the terms of settlement agreed by both the parties.
LIMITATION ACT
TELANGANA HIGH COURT| Timeline of 90 days for filing appeal prescribed under S.21 of NIA Act is ‘justice bar’, to be applied equally to accused and agency
In a case wherein, appellant-Accused 2 prays for condonation of delay of 390 days in filing the criminal appeals against the orders dated 27-02-2023 passed by the IV Additional Metropolitan Sessions Judge-cum-Special Court for NIA Cases, Nampally, at Hyderabad. The Division Bench of Moushumi Bhattacharya* and Nagesh Bheemapaka, JJ., opined that the prescribed period under Section of the (‘NIA Act’), read with two provisos, was 90 days from the date of the judgment/order and that the “Justice Bar” could not be stretched or curtailed at will and must remain of equal length regardless of the litigant at both ends of the spectrum. The Court thus held that the appeals were maintainable and the delay of 390 days in filing of the appeals should be condoned.
MEDICAL AND HEALTH LAW
Allahabad High Court| State to provide reasons why establishment of AIIMS-like institute is not necessary in Prayagraj
In a public interest litigation concerning the decision by the Central Government for establishing new AIIMS in Uttar Pradesh, the division bench of Manoj Kumar Gupta and Manish Kumar Nigam, JJ. directed the State Government to place on record its view that why an AIIMS like institute would not be necessary to be established in Prayagraj, as is the prayer made in the instant petition.
PARLIAMENT AND STATE LEGISLATURES
TELANGANA HIGH COURT| Whether High Court, in exercise of judicial review power, can direct Speaker to decide disqualification petitions within a fixed timeframe?
In the present case, intra court appeals were filed against Single Judge’s common order dated 09-09-2024 passed in Padi Kaushik Reddy v. State of Telangana, Writ Petition No. 9472 of 2024, wherein the Secretary, Telangana Legislative Assembly, was directed to place the disqualification petitions before the Speaker, Telangana Legislative Assembly, for fixing a schedule of hearing these petitions. The Division Bench of Alok Aradhe, CJ., and J Sreenivas Rao, J., granted liberty to appellant to approach this Court in case any precipitative action was taken against appellant on or before 24-10-2024.
POCSO
CALCUTTA HIGH COURT| POCSO Court to enquire against mother-daughter for filing false rape case under political pressure
In a petition wherein suo motu rule was issued due to the false allegations made by the complainant mother and her minor daughter, a Division Judge Bench of Arijit Banerjee and Apurba Sinha Ray, JJ. directed the POCSO Special Court to file a criminal proceeding against the complainant mother and her minor daughter if it is found that they had been responsible for furnishing false evidence under Section of the (‘IPC’).
QUASHMENT OF PROCEEDINGS/ FIR
MADHYA PRADESH HIGH COURT| “Modesty of a woman is Worshipped in our country”; Rape case despite settlement, refused to be quashed
In a petition filed under Section of the (CrPC) seeking the quashment of an FIR and subsequent proceedings for offence of Rape under the false pretence of marriage, a single-judge bench of Prem Narayan Singh, J., refused to quash the FIR and criminal proceeding and held that the offense of rape, being a crime against the dignity of women and society, cannot be quashed even if the parties have reached a compromise. “The modesty and sanctity of a woman is always worshiped in our country. No one should be allowed to ravish her and later on, only on the basis of compromise under specific circumstances, allowed to be acquitted, specially when the legislature itself in its wisdom declines to allow such type of compromise.”
REMISSION
J&K HIGH COURT| ‘Reformative theory takes back seat in heinous crimes like terrorism’; Kashmiri separatist Ashiq Hussain Faktoo’s Remission plea, dismissed
In an Letters Patent Appeal (LPA) challenging Kashmiri separatist & militant Ashiq Hussain Factoo’s conviction and writ petitions challenging Jammu & Kashmir Jail and Prison Manuals’ Rules as being unconstitutional and violative of Articles and of the , a Division bench of Sanjay Dhar* and M.A. Chowdhary, JJ., upheld the validity of the J&K Jail Manual’s rules, and held that the exclusion of terrorist crimes from remission justified and is in line with constitutional provisions. The Court dismissed the petitioners’ appeal and affirmed that the terrorist acts committed by the appellant and petitioner fell within the rules barring remission.
SERVICE LAW
Delhi High Court| Consistency in disciplinary actions for co-delinquents in employment misconduct; Upholds conversion of Bank Manager’s dismissal to compulsory retirement
An appeal was filed by Punjab and Sindh Bank (appellants) seeking to stay the operation of the judgment dated 03-02-2023 passed by the Single Judge wherein the punishment of dismissal was converted into compulsory retirement as there was differential treatment because the respondent was awarded the extreme punishment of dismissal while the other two had been let off with lesser punishment. A division bench of Suresh Kumar Kait and Girish Kathpalia, JJ., held that the Single Judge has rightly found merit in the grievance ventilated by the respondent that he had not received fair treatment at the hands of the appellant Bank and while co- delinquents been given lesser punishments, he had been awarded the harshest punishment in service jurisprudence.
PUNJAB & HARYANA HIGH COURT| ‘Evident miscommunication made about dis-entitlement of disability pension’; Complete disability pension to a man enrolled in Army, granted
In a petition filed for setting aside the order dated 03-10-2019 read with order dated 28-02-2020, passed by the Armed Forces Tribunal, whereby the arrears of disability pension were restricted to three years from the date of filing of the Original Application, the Division Bench of Sureshwar Thakur and Sudeepti Sharma, JJ., stated that an evident mis-communication or an untruthful communication was made to the petitioner about his dis-entitlement to disability pension, on the ground that the same was neither attributable nor aggravated by military service. When the miscommunication or untruthful communication, was subsequently unmasked, the petitioner promptly availed his lawful remedies.
SENTENCE
BOMBAY HIGH COURT| ‘Act quite close to cannibalism’; Death sentence of a man who killed, intended to eat his mother, confirmed
In the present case, the Additional Sessions Judge, Kolhapur (‘the ASJ, Kolhapur’) made a reference under Section of the (‘CrPC’) for confirmation of death sentence awarded by him to respondent-convict in a case, decided on 08-07-2021. The ASJ, Kolhapur convicted respondent of the offence punishable under Section of the (‘IPC’) and sentenced him to hang by neck, till he is dead. A fine of Rs 25,000 was also imposed and in default, respondent was directed to undergo rigorous imprisonment for six months.
TERRORISM AND ORGANISED CRIME
DELHI HIGH COURT| Blacklisting of 17 Haj Group Organizers on lack of clear notice on debarment, quashed
A petition was filed by the petitioners challenging the orders passed by the Ministry of Minority Affairs whereby the petitioners are blacklisted from applying for registration as Haj Group Organizers, for periods ranging from 5 to 15 years, effective from Haj, 2024 along with forfeiture of the security deposits submitted by the Petitioners for Haj, 2023. Sanjeev Narula, J., sets aside the impugned order and directed the respondents to provide the petitioners with an opportunity to present their defence specifically with respect to the proposed blacklisting or debarment because in the absence of specific details of the provisions in the show cause notices about the proposed action of blacklisting or debarment, the petitioners were denied a fair opportunity to mount a proper defence against such severe punitive measures, including blacklisting/debarment and the forfeiture of their security deposits.
INCOME TAX ACT
GUJARAT HIGH COURT| Can income-tax reassessment notice under S. 148 be issued on ‘change of opinion’ for material scrutinised in previous assessment?
In a special civil application challenging notice under Section of the (‘the Act’) to reopen the income-tax assessment for the assessment year 2016-17, the Division Bench of Bhargav D. Karia and Niral R. Mehta allowed the petition and quashed the impugned notice issued under Section 148 of the Act, opining that formation of opinion by the Assessing Officer on basis of the material already available on record and/or the material which were already considered by the then Assessing Officer, was only ‘change of opinion’.
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