High Courts Weekly Round-Up

Allahabad High Court

The Allahabad High Court Tuesday quashed the UP Government’s decision to admit students to AYUSH undergraduate courses in different colleges of the state through a merit list prepared on the basis of National Eligibility cum Entrance Test (NEET). The AYUSH course includes within its ambit Ayurveda, yoga, naturopathy, unani, siddha and homeopathy.

Bombay High Court

The Bombay High Court on Monday dismissed a petition filed by one Priya Singh Paul, who claims to be the late Sanjay Gandhi’s biological daughter.

The High Court refused to grant relief to a lawyer accused under Sections 448, 354, 380, 342, 427 and 504 read with Section 34 of the Indian Penal Code and under Sections 3(1)(g), (r), (s), (w), (ii), and (z) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, in an FIR registered at Wanavari Police Station, Pune.

The High Court recently upheld the law laid down by the Supreme Court, in the case of Suhas H Pophale vs Oriental Insurance Company Limited and its Estate Officer, wherein it was held that such persons who are in occupation prior to the premises belonging to or taken on lease by government companies and corporations, will continue to be governed by the State Rent Control Act.

Imposing a cost of Rs. 25,000 on one Nirajkumar Kapurchand Jain who has a 7-year-old son, the Nagpur bench of Bombay High Court said a father cannot run away from the responsibility nor can he be allowed to skip his obligation to maintain his son or daughter and father is duty-bound to provide all facilities, including better facilities for education and health, for his minor child.

In a significant development, the High Court struck down two state Government Resolutions as ultra vires to Article 16 (4A) of the Constitution of India.

Chhattisgarh High Court

The Chhattisgarh High Court directed the Telecom Regulatory Authority of India and the Bharat Sanchar Nigam Ltd to place before the Centre (Department of Telecom) the issue of implementation of National Telecom Policy (NTP-2012), which envisages increasing the minimum speed of broadband in India, so that requisite steps can be taken to revive internet speed.

Delhi High Court

The Delhi High Court on Monday opined that the requirement of custodial interrogation of the offender in serious and grave offences should be assessed practically.

The High Court on Monday, also levied costs of Rs. 50,000 on a private company which, it opined, indulged in “forum hunting” by filing a Writ Petition indirectly against an order delivered in an Appeal under Section 37 of the Arbitration and Conciliation Act.

The High Court issued notice on a plea filed by Sunanda Pushkar’s son Shiv Menon questioning the locus standi of Dr. Subramanian Swamy in the Sunanda Pushkar Murder Case.

Noting that the Centre had taken substantive steps to put in place a system for timely redressal of public grievance in every department of governance, the Delhi High Court disposed of a petition seeking direction to the government for providing a citizens’ charter.

The High Court dismissed the petition filed by Jet Airways India Ltd claiming refund of Rs. 2.36 crore of the Inland Air Travel Tax (‘IATT’) deposited by it for the period between October 1, 2001, to October 8, 2003, for carrying Sky Marshals.

The High Court on Friday directed the Delhi Police to assess the level of threat to Pankaj Pushkar, MLA from Timarpur, who moved the high court seeking protection after he received abusive messages and threat to his life and that of his family.

Some women tend to convert consensual sex into rape post breakup, remarked the Delhi High Court while dismissing a woman’s leave to appeal against the acquittal of a man, her live-in partner, who she later accused of rape on false promise of marriage

Himachal Pradesh High Court

Justice Tarlok Singh Chauhan of the Himachal Pradesh High Court, while disposing of a second appeal, made a pertinent observation with regard to the avoidable delay occurring in the matter of disposing civil cases. He observed that a person who approaches the court must be able to enjoy the fruits of a decree and he cannot be made to suffer indefinitely even after a contest of a claim in a court of law.

Kerala High Court

The KeralaHigh Court dismissed the bail application of Malayalam film star Dileep in the actress sexual assault case.

The High Court on Friday provisionally restrained the newly appointed members of the Kerala State Commission for Protection of Child Rights from functioning as its members and assuming any responsibility.

The High Court stayed a circular issued by the health officer attached to Calicut International Airport, which mandates that for importation of dead body of an Indian citizen from any foreign country, the health officer should be given advance intimation of at least 48 hours of the same

The High Court closed a criminal contempt proceeding against a man who, in his newspaper article, alleged corruption and nepotism in judicial appointments.

Madhya Pradesh High Court

Madhya Pradesh High Court held that Universities are free to prescribe minimum qualifying marks for admissions to law courses, subject to the condition that this is not below 45%, as stipulated by the Bar Council of India.

While sentencing a person accused of contempt to six months’ imprisonment, the High Court observed that “slap, say sorry and forget” practice by some contemnors cannot be accepted and cannot be allowed to go scot-free by a simple ‘paper apology’.

The High Court dismissed a revision petition filed by Congress leader KK Mishra challenging the charges framed against him in a defamation case.

The Court dismissed a petition challenging the tender floated by the State Bank of India for the caretaker services for the ATM sites in Madhya Pradesh and Chhattisgarh.

Madras High Court

The assessment orders passed under TN VAT Act against M/s SHV Energy Pvt.Ltd. were quashed by the Madras High Court observing that the petitioner cannot be made to suffer two levies of sales tax and service tax. SHV Energy Private Ltd. provides services of terminalling and storage of LPG at Tuticorin Port. The said company pays service tax for its services under the head ‘storage and warehousing’ under the Finance Act.

In order to “instill sense of patriotism in each and every citizen of the State”, the High Court, on Tuesday, made the singing of India’s national song – Vande Mataram compulsory at least once a week in all schools, colleges, universities and educational institutions. It has also been directed to be played and sung in all government offices and institutions, private companies and industries at least once a month.

Uttarakhand High Court

With a view to curb tendency of using firearms in marriages and social gatherings leading to unfortunate incidents, the Uttarakhand High Court ordered that no person shall carry any firearm to a fair, religious procession/ marriage procession or other public assemblage or within the campus or precincts of any educational institution and that arms licence is not to be issued to person convicted of offence involving moral turpitude.

 The High Court recently reiterated the contours within which a peaceful dharna may be permitted within a democracy and observed, “Nobody is expected to sabotage any public property. Damage to public property is damage to the nation.”