High Courts Weekly Round-Up

Allahabad High Court

Allahabad High Court recently expressed serious concern over traffic congestion in Lucknow, directing the State Government to immediately deploy adequate police personnel and install traffic signal systems at various crossings to ease traffic congestion.

Bombay High Court

The Goa bench of the Bombay High Court issued notices to the Ministry of Civil Aviation, Chief Secretary of Goa and other respondent authorities in a petition that questions the legality of a public meeting that took place at Goa’s Dabolim Airport upon BJP president Amit Shah’s arrival.

The High Court dismissed an appeal by a man who challenged a judgment by the family court of Bandra, wherein his petition for divorce was rejected.

The Court dismissed a PIL seeking deferment of the implementation of GST which was rolled out on July first.

The Court on Monday rebuked the state government, while hearing a criminal PIL filed by one Ankur Patil, who challenged a government resolution that makes it mandatory for the Anti-Corruption Bureau (ACB) to obtain a sanction from the state in order to prosecute its own officers.

Dismissing Maharashtra State’s appeal against the acquittal of an accused, the Bombay High Court held that merely because a second view may be possible, the court, in its appellate jurisdiction dealing with an appeal against acquittal, cannot substitute its view and therefore, the view taken by the trial court needs to be confirmed.

Criticising the “eleventh hour” policy change which affects the right of higher education of students, the High Court directed the State of Maharashtra to accept application forms for admission to health science courses for the academic year 2017-18 without insisting on secondary school certificate from institutes within the State.

Calcutta High Court

Calcutta High Court on Friday ruled that victims of acid attacks prior to 31 December, 2009, i.e. the insertion of Section 357A of the Code of Criminal Procedure, 1973 would be entitled to compensation.

The High Court on Friday also ruled that any remedy under Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) would be subject to the provisions of Limitation Act, 1963.

The Court, on Wednesday, pulled up the Centre for its “step motherly attitude”, and urged it to fill up judicial vacancies to “prevent the system from collapsing”.

Delhi High Court

Bollywood actor and action star Sunil Shetty got a major relief from the Delhi High Court which quashed a criminal complaint filed against him by a stuntman alleging criminal conspiracy and criminal intimidation.

The High Court appointed a local commissioner to visit those residents of Rajeev Camp at Mandawali in east Delhi who feared forcible eviction by the Delhi government for expansion of NH 24.

The High Court observed that notice on contempt petitions is not to be issued in a routine manner and would be justified only if the court prima facie feels that possible contempt might have been committed.

The High Court on Wednesday sought to know the stand of Arvind Kejriwal led- AAP government on a petition seeking enforcement of statutory minimum wages.

Bringing an end to the predicament of a Mynamar refugee couple whose customary marriage could not be recognized in India, the High Court directed the Registrar of Marriage (Christian Marriage Act) to ensure that their marriage is registered expeditiously after the duo expressed their desire to re-marry as per the Indian laws.

The High Court on Tuesday took note of the misuse of farmhouses for commercial purposes like hotels, leading to overcrowding on the roads, and sought to know if any order was passed at any time restricting the number of guests to such properties and the management of waste, so generated.

The High Court asked Aero Club of India, the apex body of all flying clubs in India to be in unauthorised occupation of a land it was granted 30 years ago near the Safdarjung Airport.

With the ongoing admission process to various colleges in Delhi University, the Delhi High Court on Tuesday directed that all students and colleges be informed that all admissions would be subject CBSE revaluation class 12 answer sheets as per it’s order.

The Court on Tuesday issued notices to the Speaker of the Delhi Assembly and the Delhi government on the plea of two youth imprisoned on the Speaker’s order for throwing pamphlets and creating ruckus in the Assembly.

On Wednesday, the High Court directed the Centre to abstain from taking any coercive action against lawyers and law firms for non-compliance with any legal requirement under the CGST Act, IGST Act or the DGST Act till further clarification is issued by the Centre and the State in this regard.

The High Court on Friday dismissed the petition of disqualified Madhya Pradesh minister Narottam Mishra to vote in the Presidential polls on Monday.

Gujarat High Court

The Gujarat High Court on Monday pulled up tribal land owners and a lawyer for blackmailing and extorting money from builders by utilizing the “powerful potent weapon in their hands in the form of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.”

Gauhati High Court

The Gauhati High Court held that Bye-elections can be held even if member’s remainder term is less than a year.

Jharkhand High Court

A Division Bench of the Jharkhand High Court recently recalled an order passed by former Chief Justice P.K. Mohanty, wherein the Bench had directed an audit of National University of Study and Research in Law (NUSRL), Ranchi and other institutions.

Karnataka High Court

The Karnataka High Court held that Overseas Citizens of India (OCI) cardholders, who are NEET UG 2017 qualified, shall be entitled to be treated on par with Non-Resident Indians (NRIs) in the matter of admission to first year MBBS/BDS course for the academic year 2017-18. The High Court also held that they can be considered for all categories except Government quota.

Kerala High Court

The High Court of Kerala through Justice Devan Ramachandran, in a recent judgment, directed the state Excise department to take proactive steps to avoid long queue formations in front of liquor shops all across the state.

The High Court on Wednesday reserved its order in a petition challenging the constitutional validity of Rule 43 of the Aircraft (Public Health) Rules, 1954 as much as it mandates that for importation of dead body of Indian citizen from any foreign country the Health Officer of the concerned airport should be given advance intimation of at least 48 hours of the same.

Madras High Court

Madras High Court on Friday quashed State Government’s order providing 85% quota in medical admissions for students from the State Board, leaving only 15% of the total seats for students from CBSE and other boards.

Madhya Pradesh High Court

The Madhya Pradesh High Court directed the state government to file an affidavit on widening of road as per development plan while hearing a petition concerning the Bhopal smart city project.

The High Court held that the data entry charges fixed by the Union government were not applicable on a contract

The Court turned down the plea of a woman demanding certain documents of the inquiry into the Bhopal Central Jail break.