High Court Weekly Round-Up

Allahabad High Court

Allahabad High Court quashed the order of the Uttar Pradesh government that removed six members of the Shia Waqf Board.

The High Court, in the case of Abdul Azad vs State Of UP, held that the testimony of a witness cannot be rejected merely because the witness happens to be a blood relative.

Bombay High Court

The Bombay High Court upheld the constitutional validity of Section 129 E of the Indian Customs Act, 1962, that makes pre-deposit mandatory for filing an appeal before the tribunal or the Commissioner (Appeals) concerned.

The High Court held that unless unaided schools conform to the policy of reservation as laid down by the state government, they would not be entitled to any grant-in aid.

Asking the Government of Maharashtra to create awareness about the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, the High Court directed two sons to pay a monthly maintenance for their parents who are above the age of 70 and also asked them to vacate their parent’s house in light of the harassment meted out to them (parents).

Delhi High Court

The High Court of Delhi on Tuesday reduced the sentence awarded to a murder convict, and issued a set of guidelines for his reformation and rehabilitation.

The High Court, in the case of VK Bhatnagar vs Canara Bank and Anr, directed the bank to compensate the petitioner for the trauma and humiliation caused due to wrongful attachment of his property because of the bank’s negligence arising due to mistaken identity.

The High Court recently refused to set aside the conviction and sentence awarded to a man for raping a 5 year old girl, rejecting his contention that he was falsely implicated by the parents of the minor girl to settle scores with him

The High Court recently came down heavily on the Public Prosecutor and the Additional Sessions Judge for the manner in which witnesses were examined and the trial was conducted in a robbery case.

Himachal Pradesh High Court

The Himachal Pradesh High Court, on a plea by a student against the Himachal Pradesh University, observed that conducting examination, declaring results, posting marks, issuing certificates and awarding degrees to students is a delicate function to be performed by a university with due diligence and care, as it involves not only the career of students, but also the faith reposed by them and society upon the university.

The High Court suspended the operation of the June 8 order of the National Green Tribunal, wherein NGT had ceased the functioning of Chairmen of 10 State Pollution Control Boards, due to the failure of such States to make appointments in adherence to its earlier judgment.

Kerala High Court

In view of a Central Government notification, the Kerala High Court closed a suo moto proceeding initiated by it to fix modalities and to deal with the unforeseen situation that was faced by subordinate courts in the State of Kerala pursuant to the recent demonetisation move.

The High Court held that the conditions of service of teachers in private un-aided schools can be enforced by exercising writ jurisdiction under Article 226 of the Constitution of India.

Madhya Pradesh High Court

The Madhya Pradesh High Court restrained Arun Jain from functioning as member of the Child Welfare Committee (CWC) Jabalpur till further orders.

The High Court declined to issue any direction to set up a dispensary on the court premises or specialised hospitals at the divisional headquarters (revenue) for the legal fraternity across the state.

Madras High Court

The High Court of Madras recently refused to grant the relief of restitution of conjugal rights to a man who had remarried during the pendency of the suit.

The High Court observed that tobacco is not a food product for the purpose of Food Safety and Standards Act and no proceedings can be initiated against the manufacturers under the Act.

Punjab & Haryana High Court

The Punjab and Haryana High Court put 63 Judicial Officers on notice, on an application in a Petition demanding setting aside of the selection and appointments of Civil Judges (Junior Division)-cum-Judicial Magistrates in a reserved category for Punjab Civil Services (Judicial Branch) for 2013-14 vide selection list dated April 1, 2014.

Uttarakhand High Court

The High Court of Uttarakhand modified its order restraining the State Government from buying luxury cars, furniture and air conditioners etc, after it noticed that the State had failed to provide schools with bare minimum facilities such as benches, desks, blackboards, hygienic separate toilets for boys and girls, water purifiers and ceiling fans, as per the court directions.

The High Court on Thursday ruled that the proceedings for judicial separation under Section 13-A of the Hindu Marriage Act, 1955 will not be barred by the principle of red judicata, due to prior proceedings for restitution of conjugal rights under Section 9 of the Act.

The Court on Thursday refused to take a lenient view on the sentence being awarded to a man convicted for throwing acid on a 20-year-old postgraduate student, observing, “We are of the considered view that no lenient view can be taken, taking into consideration the circumstances, in which the acid was thrown on the helpless victim.”