High Courts Weekly Round-up
Allahabad High Court
The High Court of Allahabad on Tuesday directed the Varanasi administration to file its response on a Petition alleging that the Government departments in a particular block of the District were neglecting malnourished children and not providing them with nutrition as per norms.
Bombay High Court
Dismissing an appeal against an order of the Motor Accident Claims Tribunal (MACT), the Bombay High Court held that Section 163-A of the Motor Vehicles Act is applicable only if the injury or fatality is the result of the collision and a consequence of it.
The Nagpur bench of the Bombay High Court quashed an order passed by the Principal Chief Conservator of Forest, Wildlife, directing a tigress, which killed two and injured two persons, to be shot dead.
The High Court on Friday sought to know from the Mumbai Cricket Association (MCA) whether IPL was a sports or commercial activity.
On Thursday, the High Court reserved its order after hearing both sides in a PIL seeking deferment of the implementation of the Goods and Services Tax Act (GST) till the next financial year of 2018-19.
Calcutta High Court
The Calcutta recently rapped the Central Bureau of Investigation for not complying with Court orders to relocate Buddhist religious manuscripts and artefacts engraved with gold, which had been lying neglected at the Kalimpong court ‘Malkhana’ for almost six years
Chhattisgarh High Court
While refusing to quash a case against a man accused of abetting suicide of his wife, the Chhattisgarh High Court observed that if the accused had created circumstances that led to a situation which made a person feel totally frustrated and, thereafter, commit suicide; it may amount to abetment punishable under Section 306 of the Indian Penal Code.
Delhi High Court
In an interim order, the Delhi High Court on Wednesday asked Delhi University’s Faculty of Law to admit 2310 students to its LL.B. course.
The High Court sought the Centre’s response on a Petition alleging that people with fake eye care diplomas, degrees and certificates were offering treatment across the country.
A Division Bench of the High Court commuted the death sentence of Sonu Sardar to Life Imprisonment. He was convicted and sentenced to death for killing five members of a scrap dealer’s family in Chhattisgarh.
Gujarat High Court
The Gujarat High Court recently quashed an FIR against a 25 year old man for kidnapping a minor girl, after the two got married.
The Gujarat High Court on Thursday ordered a retrial in the murder case of RTI Activist Amit Jethva, and also directed transfer of the case to a new Judge to conduct the retrial. The order comes as a major blow to the accused, including former BJP Junagadh MP Dinu Bogha Solanki, who is a key accused in the case.
Kerala High Court
The Kerala High Court clarified that merely because an application for permanent permit (not renewal) is pending consideration, temporary permit cannot be granted.
Settling doubts regarding the need to obtain special license from the Excise officials for serving liquor at gatherings hosted at residential houses, the High Court ruled that no special license is needed for serving liquor to guests at one’s own house.
Madhya Pradesh High Court
The Madhya Pradesh High Court sought information from the State government on an affidavit whether the Bhopal Declaration 2000 is accepted by the government.
The High Court directed the trial court to impose minimum sentence specified in the Statute in offences of grave socio-economic crime where a person for his or her benefit sell adulterated items that have adverse effect on human health.
Gwalior Bench of the High Court on Tuesday set aside a slew of directions passed by the Single Judge of the Court, on the procedure to be followed when a couple opts to marry through the Arya Samaj. These included making it the responsibility of the management of the Arya Samaj Mandir to issue notice to the parents of the couple, invite objections, verify their age and residential address, and maintain documentation and visuals of the entire process.
The High Court held the law does not enjoin that the court shall adjourn the case if both the appellant and his lawyer are absent.
Madras High Court
Madurai Bench of Madras High Court reversed a lower Court’s order granting permission to the hereditary trustees of a religious endowment to sell immovable properties that had been endowed in 1907 for conducting rituals in various temples.
The High Court on Wednesday reportedly observed that all appointments to the 19 odd tribunals, under the purview of the impugned Finance Act and Rules, would be subject to the final order in the writ petition filed by the Madras Bar Association (MBA).
The High Court recently allowed a petition filed by a transgender software engineer, who underwent sex reassignment surgery from female to male, to change the sex as ‘male’ in school and college records. Justice Pushpa Sathyanarayana directed the authorities to make the necessary changes within eight weeks.
The Court on Tuesday lamented the sad state of affairs at government schools and observed that government school teachers placing their children in private schools evidences the dismal state of teaching in government schools.
Patna High Court
The Patna High Court, on Thursday, directed the Bihar Combined Entrance Competitive Examination Board (BCECEB) to pay Rs 50 lakh as compensation to three medical undergraduate course aspirants, who were denied MBBS pre-admission counselling, on October 7 last year, against all-India quota Seats.
Punjab & Haryana High Court
The Punjab and Haryana High Court on Saturday upheld the minimum age criterion of 17 years prescribed for taking the National Eligibility-cum-Entrance Test (NEET) for admission to MBBS/BDS courses. Justice Rakesh Kumar Jain ruled that taking the test without fulfilling the age criteria would only amount to exhausting of a chance.
The High Court on Wednesday issued a notice on a Petition challenging the Punjab Excise (Amendment Bill), which allows the sale of liquor at hotels, clubs and restaurants, located within 500 metres of state and national highways. The Bill changes the definition of ‘sale’ of liquor, therefore exploiting a loophole to sidestep the Supreme Court ban
Rajasthan High court
Rajasthan High Court directed the authorities to ensure that all those who hold a Ration Card are issued the Rations as per the entitlement without insisting upon the holder of the Ration Card obtaining an Aadhaar Card.
Uttarakhand High Court
Judges of a Division Bench of Uttarakhand High Court delivered differing opinions on the vires of the two Government orders and Rules which provide direct appointment and reservations to “andolankaris” in Government service.
A week after restraining the State Government from purchasing luxury items for failing to equip government-run schools with minimum facilities, the Uttarakhand High Court on Friday vacated the order, but permitted luxury cars to be bought only by the approval of the Chief Secretary to the State. The Chief Secretary has been directed to record the necessity for buying luxury cars in the State on a case to case basis.