High Courts Weekly Round-Up
Allahabad High Court
The Allahabad High Court held that when an acquittal was obtained by playing fraud upon the court, it is no acquittal in the eyes of law, and in such a case the bar of Section 362 CrPC would not come into play.
Bombay High Court
The Bombay High Court held the acquisition of land by Government of Maharashtra in 1986 as lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
The High Court recently rejected the bail application of a school van driver accused of sexually abusing a six year old girl within the school premises.
The High Court refused to quash an FIR against a person who had filed a writ petition seeking the same on grounds of settlement with the first informant and held that offence of abetment to suicide (306IPC) can’t be quashed on settlement between parties
The Court increased the amount of compensation awarded by the Motor Accidents Claim Tribunal (MACT) 21 years ago against the state government and others by over five times.
The High Court allowed an application filed by Taher Fakhruddin, son of Khuzemabhai, to continue his father’s suit where he had staked claim to the title of Dai Al-Mutlaq (spiritual leader and head) of the DawoodiBohra community.
The Court issued notice under Article 215 of the Constitution of India and Section 14 of the Contempt of Court Act, 1971 to Advocate Mathew Nedumpara on March 15, 2017. The notice is returnable in two weeks.
On Thursday, the High Court did a U-turn from its earlier judgment dated June 8, 2015, wherein it had declared the activity of running horse-driven Victoria carriages in the city as “completely illegal”.
The High Court on Friday sought details of convicts in the Bilkis Bano gangrape case. The court told the CBI to submit a chart detailing the names of convicts and the amount of time they have already spent in jail. It said this would help them in passing the judgment that was reserved in November last year.
The Goa bench of the High Court took suo motu cognizance of an article published in a local daily entitled Constitutionalism and Judicial lapse in Goa and converted it into public interest litigation.
Calcutta High Court
The Calcutta High Court on Friday directed the CBI to conduct a preliminary inquiry into Narada sting operation in which many Trinamool Congress leaders were allegedly found taking bribe.
Delhi High Court
The Delhi High Court observed that the 2001 amendment to the Narcotic Drugs & Psychotropic Substances Act, 1985, has adopted a reformative approach towards addicts.
Merely being a successful advocate and having a good practice as an advocate will mean that such a person should be equated to a person who has teaching experience, the High Court observed while dismissing a plea challenging the selection process for appointment to the post of Assistant Professor in the Faculty of Law in the University of Delhi.
Setting aside an order of interim injunction passed against Britannia Industries restraining it from using a packaging get-up/wrapper for its Nutri Choice Digestive Zero biscuits, the Delhi High Court has observed that the appropriation of and exclusivity claimed vis-à-vis a get-up and particularly, a colour combination stands on a different footing from a trade mark or a trade name and an interim injunction order can only be passed when it is established, may be even prima facie, that the colour combination has become distinctive of a person’s product.
The High Court in Sunny Paul vs. State, held that the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, amongst other remedies, provides for eviction of adult children in cases of parental abuse.
The Court on Thursday upheld the Centre’s decision to ban NRI televangelist ZakirNaik’s NGO Islamic Research Foundation (IRF) for five years.
The High Court dismissed a plea challenging UGC regulations pertaining to admission policy for MPhil and PhD courses.
The Court dismissed plea of an assistant professor in Jamia Millia Islamia University challenging the disciplinary proceedings against him in relation to a sexual harassment complaint filed by one of his students against him.
Dismissing a suit by Metro Tyres against MRF seeking to restrain the Advertising Standards Council of India (ASCI) from assessing or proceeding with the complaint filed against it by MRF, the High Court held that the ASCI can entertain a complaint by a member against a non-member.
The High Court sought the Centre’s response on a PIL challenging the Criminal Law (Amendment) Act 2013, in which a penal provision – minimum of seven years of jail term – for a rape convict was included and the court’s discretion to award less that that was taken away.
Gujarat High Court
The Gujarat High Court on Tuesday appointed a team from the Anti-Corruption Bureau to probe into an alleged corruption case against two suspended Judicial Magistrates.
The Gujarat High Court quashed rules mandating 5 years of experience for those working in court and allied departments to become eligible to seek entry into the judicial service.
Madhya Pradesh High Court
The Madhya Pradesh High Court held that exercising jurisdiction of section 482 of Criminal Procedure Code this court cannot indulge in a “roving inquiry” to ascertain the two conflicting versions concerned to any incident whether it is correct or not.
The High Court upheld a trial court order that acquitted a man of rape charge on finding that the prosecutrix, a major, was aware that he was already married, thus, it was unconvincing that she was raped on the pretext of marriage.
In a significant order, the High Court directed the police to thoroughly inquire how the bribe givers got hefty amount to pay to the Railway’s employee to seek job in the Railways and if needed proceed against them.
The High Court dismissed a petition as not maintainable since the petitioner did not avail of alternate remedies before approaching the court for direction to command the police to perform its statutory duties.
The High Court held that re-cross examination of the witnesses under Order 18 and Rule 17 of Civil Procedure Code after evidence is closed is permissible in a civil suit.
Madras High Court
The High Court of Madras recently upheld the decisions of the Courts which supported the view that parental authority, barring a few exceptions, would “out of bounds for a writ court, because it is exercised for the ultimate benefit of the ward.”
Patna High Court
The Patna High Court observed that if a prayer for suspension of sentence and release of an appellant on bail, convicted of a capital crime and sentenced to undergo imprisonment for life, it is to be considered favourably and he is ordinarily allowed bail if he has completed seven years of incarceration in connection with such case before conviction and after conviction, taken together when his appeal is not likely to be heard on merits in near future, on the ground of possible delay in the disposal of the appeal.
The High Court held that there is no requirement in law that an ‘Economic Offence Police Station’ can only be created by a gazette notification.
Granting divorce to a husband, the High Court observed that unsubstantiated scandalous allegation by a wife against husband amounts to cruelty against him.
Sikkim High Court
The Sikkim High Court set free a father accused of killing his son, finding that the death happened as the man was trying to save himself from his son who was strangulating him.
Uttarakhand High Court
The Uttarakhand High Court issued landmark guidelines on solid waste management while disposing a public interest litigation filed by Sai Nath Seva Mandal.