LatestLaws.com's High Courts Yearly Digest of 2023
LatestLaws.com's High Courts Yearly Digest of 2023, compiled exclusively for you, contains landmark decisions on Consitution, Arbitration, Company Law, Intellectual Property Rights, Criminal Law, Marriage and Divorce laws, and much more in one place. Stay updated, Good People, with LatestLaws.com!
A. ADMINISTRATIVE LAW CASES
The Karnataka High Court allowed a writ petition filed Articles 226 and 227 of the Constitution of India, seeking certain reliefs against the order dated 22.09.2016 passed by the first respondent - the Labour Commissioner, giving sanction for prosecution. The Labour Court directed to reinstate the second respondent in the 'post' held by him as of 17.05.2008 and never directed to reinstate the second respondent at the same place where he was working in Wilson Garden as on the date of dismissal.
The Allahabad High Court delved into the classification of a medical representative as a "workman" under the Industrial Disputes Act, 1947 (hereinafter referred to as ‘the 1947 Act’) and ascertained that "after coming into force of Sales Promotion Employees (conditions of service) Act, 1976 (hereinafter referred to as ‘the 1976 Act’) the medical representatives would be deemed to be workmen as per the provisions of Industrial Disputes act." The Court, in affirming the judgment of the Labour Court, Lucknow, conclusively determined that the allegations leading to the dismissal of a medical representative were unsubstantiated.
3. Tripura High Court rules: Regularization cannot become a regular process of recruitment
The Tripura High Court dismissed a petition of a contractual worker seeking regularization of service and held that regularization cannot become a regular process of recruitment and it was stated that the petitioner, moreover had entered into service through the back door and is not entitled to get the benefit of the scheme of regularization nor in any way be considered for regularization.
The Delhi High Court expounded that as per Article 311 of the Constitution of India, a person should not be removed by an authority subordinate to the one by whom he was appointed. The provision does not imply that the removal must be by the same authority, who made the appointment or by his direct superior but the removing authority is to be of the same rank or higher. Also there is nothing in the Constitution of India debarring the government from conferring the powers of an officer other than the Appointing Authority to dismiss the government servant provided that he is not subordinate in rank to the Appointing Officer or the Authority.
In the present case, it was observed that the dismissal order has been correctly passed by the Appointing Authority i.e. Secretary-cum-Commissioner (Development) since the transfer of the Petitioner was only as per the functional requirement and the Secretary-cum-Commissioner (Development) was not denuded to exercise the powers of Disciplinary/Appointing Authority in respect of Group C Non Gazetted staff of Development Department merely on account of transfer of Petitioner.
The Karnataka High Court allowed a writ petition filed under Articles 226 and 227 of the Constitution of India, seeking certain reliefs. The Court observed that once the Labour Court holds the domestic enquiry as fair and proper and further the finding of the enquiry officer holding the workman guilty of misconduct, the Labour Court ought to have confirmed the order of punishment instead of assigning other reasons.
B. ARBITRATION
A Division Bench of the Delhi High Court recently allowed the restoration of an arbitral award, asserting that the Single Judge, acting under Section 34 of the Arbitration and Conciliation Act (A&C Act), exceeded the permissible scope by reinterpreting the contractual terms between the parties and substituting the findings of the arbitrator, despite the arbitrator's conclusions being plausible and well-reasoned.
The High Court of Jharkhand dismissed a petition of the petitioner, appointed as an arbitrator seeking payment of fees after his fees were not charged as per the fourth schedule and held that fees and expenses of the arbitral proceeding are to be fixed keeping into account the principles contained in Fourth Schedule under section 11(4) of the Arbitration and Conciliation Act, 1996 and thus it was not open to the arbitrator to enhance and fix his arbitral fees in excess of what is provided under the fourth schedule.
In an application filed under section 34 of the Arbitration and Conciliation Act, 1996 the court noted that section 14 of the Limitation Act would be applicable when the proceedings instituted in the wrong forum were within the period of limitation and the mandatory conditions of bonafide mistake and due diligence were fulfilled.
The Calcutta High Court allowed an application filed under S. 11 of the Arbitration and Conciliation Act, and appointed an arbitrator, rejecting the respondent’s claim that the arbitration agreement no longer exists because the earlier contract is novated/substituted by the petitioner the petitioner by a second contract with a third party/Ramesh Agarwal.
In a recent judgment, the Delhi High Court upheld an arbitral award in the case of National Highways Authority of India (NHAI) vs. D S Toll Roads Pvt. Ltd. It reiterated the principle that arbitration awards are generally final, and courts should not interfere with them unless there are compelling reasons to do so.
The Jharkhand High Court dismissed a writ petition seeking the possession of the land which was acquired by the respondents under the Land Acquisition Act and held that the plea that proceeding under the 1894 Act has lapsed was not tenable since the award had already been made and the compensation amount had been deposited in a treasury and further stated that where the award has been made it takes the forms of a decree, which cannot be challenged before a writ Court.
C. CIVIL LAW CASES
The Karnataka High Court dismissed an appeal filed u/s .96 r/w Order 41 Rule 1 of CPC, against the order dated 06.06.2015 passed on an application on the file of the Addl. Sr. Civil Judge and CJM, rejecting application no.1 to 4 filed u/o 21 rule 97 of CPC. The Court observed that upon dismissal of the suit for partition in the original suit filed by the appellants, the instant applications being subject to the said order of dismissal would also be liable to be dismissed.
In a recent development, a Division Bench of the Delhi High Court, comprising Chief Justice Satish Chandra Sharma and Justice Tushar Rao Gedela, dismissed an appeal (LPA 729/2023) filed by Riddhima Singh through her father Shailendra Kumar Singh against the Central Board of Secondary Education (hereinafter referred to as “CBSE”) and others. The court, in its decision dated November 1, 2023, highlighted the principle of forum conveniens and emphasized that the appellant's grievance was not directly attributable to the Respondent, despite its headquarters being in Delhi.
The Andhra Pradesh High Court dismissed a petition seeking protection of title and possession of the property after it was decreed and held that a pendent lite purchaser is not entitled to move an application for protection against the decree-holder from dispossessing the said persons and the only course open to a pendent lite purchaser would be to get his vendor to resist the application on appropriate grounds.
The Orissa High Court dismissed a writ petition seeking repatriation of the amount along with compensation which was issued as a garnishee order to his banker under Section 45 G of the Employees’ State Insurance Act, 1948 and observed that Section 45 G(iv) obviated the necessity of the bank from obtaining instructions to encash prematurely the fixed deposits, for payment in compliance of the garnishee order.
D. CONSTITUTINAL LAW CASES
1. Punjab and Haryana High Court issues directions to check misuse of UAPA provisions
The High Court of Punjab and Haryana while granting bail to a murder accused, who was charged with UAPA due to misinterpretation of the statute by police issued directions to the Punjab Police to check misuse of the application of the Act and observed that mechanical and perfunctory manner of inclusion of offences under the UAPA Act ultimately causes deep trauma, upon the minds of the petitioner as the stringency and the exacting rigour, of the relevant provision of the UAPA Act, do thereby prima facie, forbid them, to claim the facility of bail from the Courts of Law.
2. Delhi High Court issues guidelines for handling cases of pregnancy resulting from sexual assault
In a significant move towards protecting the rights and well-being of survivors of sexual assault, the Delhi High Court has issued comprehensive guidelines to be adhered to by medical professionals and law enforcement agencies. Justice Swarana Kanta Sharma issued these directives while emphasizing the importance of providing sensitive and efficient care to survivors of sexual assault who are pregnant.
The Jharkhand High Court directed the state government to pay a compensation of Rs 5 lakh to the widow of the deceased, who died in police custody and observed that compensation is mandatory in cases of custodial death and award of compensation is a remedy available under public law based on strict liability for contravention of fundamental rights to which the principle of sovereign immunity does not apply.
4. Delhi High Court Expounds: Criteria for Interference and Judicial Restraint under Article 226
The Delhi High Court bench comprising of Hon’ble Mr. Justice Vibhu Bakhru and Hon’ble Mr. Justice Amit Mahajan held that while exercising powers under Article 226 of the Constitution of India, the High Courts were expected to intervene if there was a self-evident error that could be demonstrated without lengthy examination of the evidence.
The High Court opined that the Court can use jurisdiction only when there is gross failure of justice. The High Court cannot sit as an Appellate Court or re-appreciate the evidence based on which the Tribunal/Court passes an order, especially when they are technical in nature.
E. CRIMINAL LAW CASES
The Delhi High Court has held that in cases transferred from the Magistrate to the Court of Session, the trial must commence ‘de novo’. This decision was reached as the Court emphasised that the Magistrate becomes ‘functus officio’ in such situations, rendering any evidence recorded inadmissible for the purposes of a de novo trial before the committal Court. It was pointed out that the trial proceedings would need to restart, with the Court of Session first framing charges and then proceeding with the examination of witnesses.
The Jharkhand High Court issued a direction to unseal the premises of the factory of the petitioner, accused of illegal trade of coal and held that immovable property cannot come within the purview of Section 102 CrPC and it does not give the power to seize immovable property and that power cannot be utilized by the police in absence of any order of the competent court of law.
The Single Bench of the Delhi High Court in the case of Antosh vs State consisting of Justice Swarana Kanta Sharma held that holding the fundamental right of the accused to effective legal assistance cannot be read as ineffective hearing or lack of opportunities to the State.
F. CUSTOMS ACT
The Division Bench of the Delhi High Court in the case of M/S Great Nuts Impex Pvt. Ltd. vs Commissioner of Customs Delhi & Ors. consisting of Justices Vibhu Bakhru and Amit Mahajan held that “Boiled Supari” cannot be classified as those covered under Chapter 21 (“Miscellaneous Edible Preparations India Custom Duty”) of the Customs Tariff Act, 1975 (hereafter referred to as ‘the Customs Tariff Act’).
The Bench also ruled that the goods covered under “Betel nut product known as Supari” means “any preparation containing betel nuts”. Therefore, the goods covered under this heading only implies preparation that contains betel nuts and not treating the products as betel nut.
The Division Bench of the Delhi High Court in the case of Commissioner of Customs (Airport & General) vs M/S R.P. Cargo Handling Services consisting of Justices Vibhu Bakhru and Amit Mahajan held that the question whether the Commissioner took the necessary steps to commence the proceedings under Regulation 20 of the Customs Brokers Licensing Regulations, 2013 (hereinafter referred to as “the CBLR”) which he had to do within the stipulated period of ninety days, was not contingent on the customs broker receiving the notice.
It was held that the word ‘issue’ used in Regulation 20(1) of the Customs Brokers Licensing Regulations, which talks about the “Procedure for revoking a license or imposing penalty”, cannot be interpreted to mean ‘serve’ or ‘receipt’.
G. FAMILY LAW RELATED CASES
The Delhi High Court highlighted the gender-neutral nature of maintenance provisions under the Hindu Marriage Act (HMA). The division bench comprising Justice V Kameswar Rao and Justice Anoop Kumar Mendiratta delivered the verdict in response to an appeal challenging a family court order
The Hon’ble Patna High Court opined that once it has been claimed that the marriage was not done as per free will and subsequently a case was also registered, the onus to prove that the marriage was valid shifts.
It was further opined that if ‘saptapadi’ has not been completed, the marriage would not be considered to be complete and binding. It is only when rites and ceremonies including Saptapadi are performed that the marriage becomes complete and binding.
3. Delhi High Court rules that even if wife holds a graduate degree, she can't be compelled to work
In a recent ruling, the Delhi High Court reinforced the notion that holding a graduation degree should not automatically lead to the presumption that a wife is intentionally avoiding work to claim interim maintenance from her husband.
The court upheld the interim maintenance granted to the wife, emphasizing that the wife's educational qualifications should not be the sole factor determining her employment status, especially when she had not been gainfully employed in the past.
The division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna made this statement while handling cross-appeals from both parties concerning a family court's decision that directed the husband to pay a monthly pendente-lite maintenance of Rs. 25,000 to his wife.
In a recent ruling, the Delhi High Court has established that arrears of maintenance owed by a husband to a dependent wife, children, or parents become legally recognizable as a "debt" once a definite amount becomes payable. The court held that such arrears, once crystallized by a court order or decree under Section 125 of the Criminal Procedure Code (Cr. P.C), can be recovered through a civil suit.
The Bombay High Court has raised concerns about the criminalization of consensual sexual relationships involving minors and called for a shift in approach towards adolescents' sexuality. While acquitting a 25-year-old in a case of consensual sexual relationship with a 17-year-old, the court noted that such cases overburden the judicial system and often result in acquittals. The court emphasized the need to strike a balance between protecting children against sexual abuse and respecting their autonomy.
Justice Bharti Dangre highlighted the distinction between the age of consent and the age of marriage, stressing that sexual acts do not solely occur within the confines of marriage. The court called for a broader understanding of sexual autonomy and recognized that the criminalization of adolescent sexuality has hindered their access to sexual and reproductive health services. It emphasized the importance of enabling young people to make informed choices while safeguarding them from harm.
6. Delhi High Court frames Guidelines for Recording of Matrimonial Settlements, Hindi to be used
Issuing a slew of guidelines to be followed by the Mediators while drafting settlement agreements in matrimonial disputes, the Delhi High Court has asked to publish such agreements in Hindi as well, in addition to English.
The single-judge bench of Justice Swarana Kanta Sharma observed that a common understanding of the parties on essential conditions for the enforceability of an agreement is crucial in a mediated settlement agreement and expressing intentions and commitments to the agreement through clear and concise language is critical for its effective enforcement.
The Court therefore, directed that concerned In-charge of Mediation Centres will ensure that the mediated settlement agreements are prepared in Hindi language also, in addition to English language, as far as possible. It is being directed since in majority of cases, the parties do not comprehend English and their spoken language and mother tongue is Hindi. However, in cases the parties are well-versed in English language and want the agreement to be in English language only, there will be no such insistence or requirement.
H. INCOME TAX CASES
The Jharkhand High Court quashes the proceedings against the petitioner accused of concealment of income and held that once the penalty order is set aside, it will be presumed that there is no concealment and quashing of prosecution under Section 276C(1) of the Income Tax Act is automatic and the petitioner cannot be allowed to suffer and to face a criminal trial and the same cannot sustain in the eyes of law.
The Jharkhand High Court quashed criminal proceedings against the petitioner after he failed to deposit the TDS amount and held that penalty should serve as a deterrent and in the given case, the petitioner had already deposited the TDS amount along with the interest and there was no occasion to proceed against the petitioner under section 276(B) of the Income Tax Act
I. INTELLECTUAL PROPERTY RIGHT CASES
In a recent judgment, the Delhi High Court clarified that its Intellectual Property Rights Division Rules, 2022, do not prohibit the filing of additional documents after the respondent submits a reply or counter-statement to a rectification petition. The ruling came in response to applications filed by Respondent 1, E! Entertainment Television, LLC, seeking to introduce a YouTube video clip as evidence in support of its trading style dating back to the early 1990s.
The Delhi High Court addressed the issue of email service in accordance with Section 143 of the Trade Marks Act, 1999 (TMA). The Court ruled that sending documents by email would not be considered a valid method of service when no email ID is provided in the notice of opposition.
3. Delhi High Court rules trademark validity must be established for relief against infringement
The Delhi High Court has issued a significant clarification regarding trademark infringement cases, stating that mere possession of trademark registration does not automatically entitle the proprietor to seek relief against trademark infringement.
4. Delhi High Court Clarifies: Designs Act protects Applied Ideas, not Abstract Concepts
In a recent ruling, the Delhi High Court clarified the scope of protection provided by the Designs Act. The court emphasized that the Act safeguards ideas that are intended to be applied to physical articles, rather than abstract ideas. It further highlighted that ideas that lack temporal manifestation through an industrial process are not eligible for protection under the Designs Act.
The court drew attention to Section 2(d) of the Act, which requires every "design" to be applied to an article. This provision reinforces the requirement that a design should have a tangible application to a physical object.
5. Delhi High Court rules: Patents Act is Special Statute, Competition Act Not Applicable
The Delhi High Court has delivered a significant ruling, stating that the Patents Act takes precedence over the Competition Act regarding the exercise of rights by a patent holder. The court's decision came in response to an inquiry conducted by the Competition Commission of India (CCI) against Telefonaktiebolaget LM Ericsson and Monsanto Co. The CCI had alleged that the companies engaged in anti-competitive practices and failed to license their patents reasonably in the fields of telecommunications and agriculture, respectively.
A division bench of the Delhi High Court emphasized that the Patents Act, being a special statute, holds authority over the Competition Act in matters concerning patentees' rights. It ruled that the CCI does not have jurisdiction to inquire into actions by an enterprise that are a result of exercising their rights as a patent holder. The court noted that Chapter XVI of the Patents Act comprehensively addresses issues related to unreasonable conditions in patent licensing agreements, abuse of patentee status, inquiries, and relief provisions.
J. JUVENILE JUSTICE ACT and POCSO CASES
1. Delhi High Court issues detailed Guidelines for functioning of the Child Safety Monitoring Committee
The Delhi High Court, in response to a petition filed on its own motion, has issued a series of detailed guidelines for the functioning of the Child Safety Monitoring Committee (CSMC). The Committee, established pursuant to a Court order dated September 27, 2023, was tasked with overseeing the implementation of safety standards in schools in the National Capital Territory of Delhi (GNCTD).
The Bombay High Court dismissed an appeal challenging the appellant's conviction under the POCSO Act for sexually assaulting a 14-year-old girl in 2015. In its judgment, the Court outlined the significance of the victim's testimony and the legal framework for the age determination of a victim. The High Court emphasized that in sexual assault cases, the victim's testimony takes precedence over medical evidence.
In a recent verdict, the Delhi High Court upheld the conviction of a man for committing rape on a four-and-a-half-year-old girl in June 2017. The court emphasized the significance of the victim's testimony while addressing the absence of injuries on the victim's private parts, asserting that it cannot be used as a sole determinant for negating the occurrence of penetrative sexual assault under the Protection of Children from Sexual Offences Act (POCSO).
Justice Amit Bansal, while delivering the judgment, stated that the mere absence of injuries on the victim's private parts cannot automatically rule out the possibility of a penetrative sexual assault. The court highlighted that injuries are influenced by various factors, including the depth of insertion, and their absence should not be considered conclusive evidence against the occurrence of the assault.
4. Delhi High Court expounds: No Distinction based on Marital Status of Victim under POCSO
The Delhi High Court expounded that the Protection of Children from Sexual Offences Act, 2012, which strives to stop sexual crimes against children, did not discriminate based on the victim's marital status. This implies that whether the victim was married or not, they were equally eligible for protection and legal justice under the law.
K. NARCOTICS DRUGS AND PSYCHOTROPIC SUBSTANCES ACT
In a recent ruling, the Kerala High Court held that the decision of the Additional Sessions Judge in an NDPS case, allowing an application for an extension of detention and investigation period, was deemed illegal due to the Court's failure to inform the accused about the application and their right to object.
Justice Raja Vijayaraghavan V. emphasized that the Court's failure to provide oral notice would invalidate the entire proceedings. The virtual presence of the accused alone does not suffice, as they were unaware of the application's filing and were not given a chance to raise objections formally, the court noted
The Punjab and Haryana High Court observed that the provisions of Section 36-A(4) of the NDPS Act insofar as the requirement of a report being made by the Public Prosecutor for extension of time is concerned, are mandatory in nature.
L. NEGOTIABLE INSTRUMENTS ACT CASES
1. Bombay High Court rejects ‘ink-age test’ in cheque dishonour case due to lack of scientific method
The Bombay High Court set aside a decision by the Sessions Court that allowed an ink-age test in a cheque dishonour case. Justice Anil L. Pansare of the Nagpur bench, while hearing a writ petition challenging the sessions court order, emphasized that there is no scientific method available to accurately determine the age of ink in a document.
The Karnataka High Court allowed an appeal filed u/s 378(1) and (3) of Cr. P.C., praying to set aside the judgment and order dated 03-02-2017 passed on the file of the Additional City Civil and Sessions Judge and thereby confirming the judgment dated 16-09-2016 passed by Additional Chief Metropolitan Magistrate. The Court observed that there must be some cogent evidence that is required to be produced either oral or documentary. In the absence of cogent evidence, it cannot be construed that the presumption has been rebutted.
The Orissa High Court observed that only the drawer of the cheque can be held liable u/s 138 of the NI Act, but if there is a joint account and all the holders have signed the cheque then all of them will be liable, and therefore the court below was directed to examine if the cheque was signed by the petitioner or only the wife who is the drawer of the cheque.
M. PREVENTION OF MONEY LAUNDERING ACT, 2002
The Delhi High Court issued a significant ruling on Thursday, clarifying the powers of the Enforcement Directorate (ED) under the Prevention of Money Laundering Act (PMLA). The court emphasized that the ED's authority to issue summons under Section 50 of the PMLA does not include the power to arrest individuals and that these two actions are separate and distinct.
In a ruling delivered by Justice Anup Jairam Bhambhani, the court noted that Section 50 of the PMLA empowers ED officers to summon individuals to appear and record statements on oath. This section also grants them the authority to compel the discovery, inspection, and production of documents and records and to impound and retain records with written reasons. However, it was emphasized that the power to arrest is conspicuously absent in Section 50.
Section 19 of the PMLA, on the other hand, provides designated ED officers with the power to arrest individuals, but it does not naturally arise as a consequence of summons issued under Section 50. The court made it clear that the exercise of these powers cannot be restricted based on the apprehension that one action might lead to the other, as doing so would be contrary to the statutory scheme.
N. PROPERTY LAW RELATED CASES
The Allahabad High Court issued an order granting permission for the sale of a piece of land to enable a wife to cover medical expenses incurred for the treatment of her comatose husband. This ruling was grounded in the High Court's invocation of 'Parens Patriae' jurisdiction, ensuring the patient's best interests were prioritized.
O. TAX RELATED CASES
In the recent judgment, the Delhi High Court held that the Assessing Officer (AO) lacked concrete evidence on record to substantiate the formation of a belief that income, otherwise subject to taxation, had evaded assessment. Justices Rajiv Shakdher and Girish Kathpalia presiding over the bench observed a lack of diligence on the part of the AO when initiating reassessment proceedings against the petitioner or assessee.
In a recent decision, the Delhi High Court, comprising Justice Rajiv Shakdher and Justice Girish Kathpalia held that the cash seized during a search action under Section 132 of the Income Tax Act, 1961 (hereinafter referred to as ‘the ITA’), should be treated as advance tax and not as self-assessment tax, as determined by the revenue authorities.
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