NEE DELHI: With the dawn of 2024, it is important for both Lawyers and law students to have a holistic idea regarding the important and crucial judgements passed by the Supreme Court as well as various High Courts in the country. That is exactly what we at Lawstreet Journal have done, keeping our readers in mind.
We have picked over 50 pivotal judgements/orders delivered by the High Courts, the past year. The judgements have been picked based on their relevance and impact (both positive and negative). The list of judgements has been divided into two parts for ease of reading.
Here is the second part of important judgements:
26. Sanatan Dharma is a set of eternal duties, why should it be destroyed: Madras High Court
The Madras High Court said 'Sanatan Dharma' is as a set of 'eternal duties', contrary to an idea being propagated that it is all about, and only about, promoting casteism and untouchability.
Justice N Seshasayee expressed concern over the debate on the issue triggered after "derogatory" remarks by Udhayanidhi Stalin, a Minister in Tamil Nadu government and son of Chief Minister M K Stalin.
"With genuine concern for what is going round, this Court could not help pondering over it," the bench said. The court was hearing a writ petition challenging constitutionality of a circular issued by the Tamil Nadu government on September 12, 2023 requiring girl-students studying in a college to share their views on the topic 'Opposition to Sanadhana' on the occasion of commemoration of the birthday of the former Chief Minister and founder of the DMK party, late C N Annadurai, on September 15.
27. Madras High Court upholds TN Online Gaming Act but says it cannot apply to rummy, poker, other games of skill
The Madras High Court, in November, upheld the validity of the Tamil Nadu Prohibition of Online Gambling and Regulation of Online Games Act 2022. The court, however, added that the Act would not be applicable to games like rummy and poker, which were games of skill and will be applicable only against games of chance.
28. Judiciary has broad shoulders to take criticism: Madras High Court quashes FIR against publisher for comments on CJI
The Madras High Court quashed the First Information Report (FIR) filed by the Tamil Nadu Police against publisher and political commentator Badri Seshadri for his "adverse comments" against the Chief Justice of India during a YouTube interview.
The interview centred around the agitation that is going on in Manipur and the suo motu cognizance that was taken by the Chief Justice of India in this regard.
The bench of Justice N Anand Venkatesh, in the order dated September 19, stated, "The judiciary has very broad shoulders to take any criticism unless the criticism results indirectly interfering with the administration of justice".
29. Senior citizen neglected by children can reclaim property even if no maintenance condition in transfer deed: Madras High Court
The Madras High Court observed that the phrase subject to condition employed in Section 23(1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 has to be understood holistically to mean an implied condition to maintain the senior citizen. The Court held that senior citizens can reclaim property transferred to their children or any other transferee if the latter fails to ensure a life of dignity for the senior citizen, even if there was no express condition to maintain the senior citizen in the transfer agreement.
30. Article 21 applies to refugees too: Madras High Court orders 5 lakh compensation for Sri Lankan kin of child who died in refugee camp
The Madras High Court directed the Tamil Nadu government to pay a compensation of 5 lakh to the Sri Lankan refugee parents whose child died after a wall collapse at the camp where they all were staying. The bench of a single judge of Madurai Justice G.R. Swaminathan passed the order that the right to life is prescribed under Article 21 of the Constitution, which applies to all persons residing in India including refugees.
31. Madras High Court orders removal of 'transphobic' panchayat president; directs State to reserve seats for transpersons in local bodies
The Madras High Court directed the Tamil Nadu government to initiate steps to grant reservation for transgender persons in local body polls with a view to helping them slowly become part of mainstream society. [ND Mohan v. District Collector, Cuddalore District]
32. Madras High Court upholds conviction in sexual assault case based on 4.5-year-old victims testimony
The Madras High Court upheld a man who had sexually assaulted a 4.5-year-old girl. The judgment was passed by a single bench judge Justice R. Hemlatha who dismissed an appeal which was filed by the convict, the accused was sentenced seven years imprisonment by the trial court for offense under the Protection of Children from Sexual Offences Act.
The High Court held that the trial court had only relied on the victims testimony who was minor at that time and other medical evidence and then sentenced the person imprisonment. The Court said that these acts of sexual assault and crimes against women are happening when the country has a woman as its President.
33. Dead should be buried only at designated burial sites: Madras High Court full bench
A full bench of the Madras High Court on Thursday ruled that after the Tamil Nadu Village Panchayat (Provision of Burial and Burning Grounds) Rules 1999, came into force, any burials made at places that are not registered or licensed as Burial Grounds contravenes the rules and such bodies are to be exhumed and buried in proper designated places.
34. Maratha candidates who applied for government jobs under SEBC can be considered under EWS: Bombay High Court
In this case, the High Court ruled that Maratha candidates who originally applied for various State government jobs advertised in 2019 from the Socially and Economic Backward Class can be considered for the Economically Weaker Sections (EWS) category. [Akshay Chaudhari v. State of Maharashtra & Ors. and connected matters]
A division bench of Justices Nitin Jamdar and Manjusha Deshpande struck down an order of the Maharashtra Administrative Tribunal (MAT) of February 2023 which had negated the State governments stand to allow SEBC candidates to apply under the EWS category.
35. No evidence to show Bhima Koregaon accused Gautam Navlakha was involved in terrorist act: Bombay High Court
While granting bail to the senior journalist and human rights activist, Gautam Navlakha, the Bombay High Court observed that there is no material to infer that he had committed a terrorist act under the Unlawful Activities (Prevention) Act. Navlakha was arrested in was arrested on April 14, 2020 for his alleged involvement in the attack on Punes Bhima Koregaon village.
36. Bombay High Court terminates Hitachi employee for provocative Facebook posts
A Labour Court ruling that had overturned an employees termination for two "provocative" Facebook posts against the employer company has been overturned by the Bombay High Court. Freedom of speech and expression cannot be allowed to be transgressed beyond reasonableness. If that is allowed, it could lead to disastrous consequences. In a given case, one cannot and should not wait for the consequences to occur. Such acts itself are required to be nipped in the bud. Otherwise, it would convey a wrong signal to the society at large, Justice Milind N Jadhav observed.
37. Father, Mother cannot be branded as enemy of child: Bombay High Court
The Bombay High Court observed that the welfare of a child is of paramount importance and that the father and mother cannot be branded as the enemy of the child.
For a substantial period of time, the custody of the child should be with the mother. But the father cannot be deprived of visitation rights and weekend custody. It is settled law that the welfare of the child is of paramount importance, while considering the issue relating to child custody and visitation rights. Father or mother cannot be branded as enemy of child, the order reads.
38. Bombay High Court Requests Authorities To Stay Demolitions During Diwali
The Bombay High Court requested all the local and planning authorities to not take action and stay all the demolition during the upcoming Diwali. The division bench of Justice GS Patel and Justice Kamal Khata was hearing a petition filed by Commander Baldevsingh Bhagwansingh Bhatti who is a retired navy officer.
39. Biological father taking away child from mom doesnt amount to kidnapping: Bombay High Court
If a man takes away his son from the wifes custody, would it amount to kidnapping? The Nagpur bench of Bombay high court said no. A division bench comprising Justices Vinay Joshi and Valmiki Menezes held that the biological father cannot be booked under section 361 (kidnapping from lawful guardianship) and section 363 (punishment for kidnapping) of IPC in such cases, unless a competent court has granted the minor childs custody to the mother.
The effect of a natural father taking away the child from custody of the mother in the real sense amounts to taking a child from the lawful guardianship of the mother to another lawful guardianship of the father.
40. Lack Of Judicial Dominance: Bombay High Court Strikes Down Rule 6 Of Consumer Protection Rules Dealing With Appointment Of President And Members
The Bombay High Court struck down Rule 6 of the Consumer Protection Rules, which pertains to the formation of the Selection Committee responsible for appointing Presidents and Members of the State and District Consumer Commissions. A division bench at the Bombay High Court at Nagpur comprising Justice AS Chandurkar and Justice Vrushali Joshi was hearing a number of petitions that challenged Rule 6 of the Consumer Protection Rules.
The Rule specifies that the Selection Committee is responsible for appointing the President and Members. The Selection Committee is composed of the Chief Justice of the high court or an individual nominated by the Chief Justice to serve as the Chairman. Additionally, the committee includes the secretary in charge of State Consumer Affairs and the Chief Secretary of the State government as its members.
41. Wearing short skirts, dancing provocatively not obscene acts: Bombay High Court
Women dancing provocatively in skimpy clothes or making gestures are not obscene or immoral acts which could annoy someone, the Bombay High Court's Nagpur bench held. A division bench of Justices Vinay Joshi and Valmiki Menezes quashed an FIR against five men accused under Section 294 (obscenity) of the IPC and under sections of the Maharashtra Police Act for indecency. The High Court called for a rather progressive view of what obscenity meant.
42. Undertrials in jail for long should get bail even if offence serious: Bombay High Court
The Bombay High Court opined that a person cannot be kept in custody for an indefinite period of time and it clearly violates the fundamental right enshrined in the Constitution and time and again, this has been considered to be a justiciable ground to exercise the discretion to release an accused. In the present case, the Applicant was in custody since 2015 and the trial was delayed and not likely to conclude in near future. Further, the co-accused were also released. Hence, the Court concluded there was no reason as to why the benefit of long incarceration should not be extended to the Applicant.
43. Statutory license under copyright law only applicable to play songs on radio and TV, not internet: Bombay High Court
Compulsory licences can be claimed to play copyrighted songs only over traditional platforms like television, radio etc. and not over the internet, ruled the Bombay High Court. A division bench of Justices Gautam Patel and Gauri Godse said that the provision for compulsory statutory licences under Section 31D (compulsory licencing) of the Copyright Act is restricted only to traditional non-internet-based broadcasting services like radio, television and stage performances and not internet-based services.
44. Best interest of child cannot be decided only based on mother's love and care: Bombay High Court grants custody to father
The Bombay High Court observed on Thursday that the term 'best interest of a child' has broader connotations and cannot be confined solely to the love and care of the primary caregiver parent. The court also emphasised that when determining the welfare of the child, it is essential to consider the views of both spouses, rather than relying solely on the perspective of one.
46. [Aadhaar Card] Relationship by marriage does not eclipse the right to privacy: Karnataka High Court
While considering an application of a wife seeking information contained in the Aadhaar Card of her husband; the Division Bench of S. Sunil Dutt Yadav and Vijaykumar A. Patil stated that the right to privacy of Aadhaar number holder preserves the autonomy of the individuals right to privacy which has been conferred primacy and admits of no exception under the statutory scheme. The relationship by marriage which is a union of two partners does not eclipse the right to privacy which is the right of an individual and the autonomy of such individuals right stands recognized and protected by the procedure of hearing contemplated under Section 33. The marriage by itself does not do away with the procedural right of hearing conferred under Section 33 of Aadhaar Act, 2016.
47. Karnataka High Court convicts ten for attacking Dalits who complained against upper caste man
The Karnataka High Court convicted 10 persons for barging into a Dalit Colony (Harijan Colony as per Judgment) and assaulting dalits. The Court reversed the acquittal order passed by the Trial Court in this case by allowing complainant's appeal. Convicting the accused under the IPC and the SC/ST (POA) Act, the Bench of Justice JM Khazi said that, "The accused have chosen to assault complainant and others for the simple reason that though they belong to Schedule Caste, they had the courage or audacity of complaining against person belonging to forward community."
48. Wife calling husband dark-skinned is cruelty: Karnataka High Court
The Karnataka High Court said that shaming a husband for being dark-skinned amounted to cruelty and underlined it as a strong reason for granting a divorce. The court observed this in a recent judgment while granting divorce to a 44-year-old man from his 41-year-old wife, reported news agency PTI. The evidence on record, from close scrutiny, also leads to the conclusion that the wife used to insult the husband on the premise that he was dark and, for the same reason, had moved away from the company of the husband without any cause, the court noted.
49. Karnataka High Court Grants Bail To Gauri Lankesh Murder Accused Mohan Nayak
The Karnataka High Court granted bail to an accused in the murder of activist-journalist Gauri Lankesh who was shot dead in 2017. From a perusal of the statements recorded under Section 161 Cr.PC of the 23 charge sheet witnesses who have spoken about the role of the petitioner in the present case, it is seen that none of these witnesses have stated that the petitioner was a part of the meeting of the accused persons, wherein the accused had conspired to murder Gouri Lankesh. Most of the aforesaid charge 26 sheet witnesses have only spoken about the petitioner taking a house on rent at Kumbalagodu in the outskirts of Bengaluru, Justice S Vishwajith Shetty stated, while granting bail to Mohan Nayak.
50. Karnataka Education Act to be applicable on Private unaided minority institutions: Karnataka High Court
The Karnataka High Court said that the provisions of the Karnataka Education Act 1983, pertaining to resignation and retrenchment, are applicable to employees of private unaided and linguistic minority institutions too, as the legislature acknowledged the vital role played by them in nation building. A division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit it hardly needs to be emphasised that education and educational institutions play a pivotal role in nation building and therefore, a legislature rightly feels the need for protecting the tenure of service and its conditions of these employees. The court dismissed a writ appeal filed by Rajarajeshwari Dental College and Hospital, Bengaluru, challenging the single bench order dated January 24, 2023.
51. Must breathe fresh air: Person convicted of heinous crime is not hardened criminal, Himachal Pradesh High Court rules
In a significant judgement, the Himachal Pradesh High Court pointed out why its important for even persons convicted of heinous offences to be released on bail. Highlighting this, the Court said there is no presumption that a person convicted of a serious or heinous crime is to be ipso facto treated as hardened criminal. Hardened criminal, the Court explained, would be a person who is in the habit to commit crime repeatedly. If person has committed a serious offence, for which he is convicted, but it is the only crime that he is committed, then he isnt a hardened criminal.
52. Control sexual urge,' Calcutta High Court advises adolescent girls
The Calcutta High Court suggested that every female adolescent should "control sexual urge/urges" and "protect her right to integrity of her body". A bench of Justices Chitta Ranjan Dash and Partha Sarathi Sen set aside the conviction of a man, who has married the minor girl and became a father of a girl, stating that this was a case of "non-exploitative consensual sexual relationship between two consenting adolescents though consent in view of the age of the victim is immaterial". The bench referred to the unintended consequence of the POCSO Act, and called for a balanced approach between protecting children and avoiding the criminalisation of consensual acts among adolescents above 16 years.
53. Calcutta High Court Orders Deployment of Central Forces for West Bengal Rural Polls, Refuses to Quash Election Notification
Amid ongoing violence during the filing of nomination papers for the July 8 panchayat elections in West Bengal, the Calcutta High Court ordered the State Election Commission to deploy central paramilitary forces for ensuring free and fair polls. The court, however, declined to extend the date for filing nomination papers ending on June 15. Dealing with a batch of petitions by Congress leader Adhir Ranjan Chowdhury and BJP leader Shuvendu Adhikari, a bench of Chief Justice T S Sivagnanam and Justice Hiranmay Bhattacharyya refused quash the notification announced by the SEC last week.
54. Immediately stop caste-based survey: Patna High Court to Bihar Government
In a big setback to the Nitish Kumar government, the Patna High Court directed the Bihar government to immediately stop the caste based survey, by prima facie holding that the State has no power to carry out such an exercise. A bench of Chief Justice K Vinod Chandran and Justice Madhuresh Prasad directed the state government to ensure that the data already collected are secured and not shared with anybody till final orders. The court passed its interim order in a batch of writ petitions filed by 'Youth for Equality' and others against, noting "the caste-based survey is a census in the garb of a survey; the power to carry out which is exclusively on the Union Parliament".
