High Courts Weekly Round-Up
Bombay High Court
Taking a different view from an earlier order, a division bench of the Bombay High Court on Monday accepted the state government’s decision to keep the age limit for Govindas at 14 years and removed the height restriction that was imposed by a 2014 judgment.
In a relief to Reliance Life Sciences, the High Court quashed and set aside a communication dated June 8, 2017, from the Directorate of Health Services, Government of Maharashtra, wherein the firm’s bid in the tender process was rejected as it de-registered an earlier order of the Bihar government.
The High Court issued notices to the Maharashtra government and the state police in a public interest litigation seeking measures to ensure protection against cow vigilantes ahead of Bakr-Eid.
Holding that a person running a canteen on court premises is in temporary possession and, therefore, is not entitled to relief under Section 6 of the Special Relief Act, 1963, the Bombay High Court set aside a judgment of the city civil court in Mumbai dated August 31, 2015.
The High Court recently directed the state of Maharashtra to pay Rs. 6 lakh towards compensation for wrongly prosecuting a man named Jawaharlal Ramtirth Sharma over a period of 10 years for murder.
The High Court recently dismissed an appeal filed by the National Investigation Agency (NIA) against the decision of the trial judge to not charge Areeb Majeed under Section 20 of the Unlawful Activity (Prevention) Act (UAPA).
Delhi High Court
Observing that the rights of press persons are not higher than that of the common man but the responsibilities are higher, Delhi court said press does not enjoy any special privileges to comment, criticize or even to investigate the facts of any case.
The High Court recently upheld the order of extradition of an NRI to the United States in a case alleging bank fraud conspiracy. The Court was hearing a Petition filed by one Mr. Rajiv Chandrakant Shah, challenging an order of extradition passed against him by the Ministry of External Affairs, which had accepted the report of the enquiry Magistrate recommending his extradition.
Disapproving of the exclusion of six eastern states from an emergency meeting called by the Archery Association of India in March this year and attempt to amend its constitution, the High Court appointed former Chief Election Commissioner of India SY Quraishi as the administrator-cum-returning officer to resolve various issues the sports body is facing.
Reiterating that right to housing is an essential part of right to life which is not merely an animal existence but entitlement to reasonable accommodation, the High Court came to the aid of 14 slum dwellers, earlier declared ineligible by the Delhi government for rehabilitation, as it held them entitled for alternate accommodation after being removed for expansion of National Highway-24.
Upholding the acquittal of a man in a rape case, the High Court found that while the woman claimed she was raped in a diesel auto rickshaw with Haryana registration number, the same was banned in Delhi and as such a TSR (three-seater auto rickshaw) could not have been hired for travelling in Delhi.
The High Court issued notice to the Centre, Central Board of Secondary Education (CBSE) and the Delhi University on the plea of a transgender challenging the guidelines for Public Notices for change of sex.
Gujarat High Court
The Gujarat High Court recently quashed Rules permitting common counselling for admissions to management quota seats in the courses of Bachelor of Ayurveda, Medicine & Surgery (BAMS), Bachelor of Homeopathic Medicine & Surgery (BHMS) Bachelor of Physiotherapy (BPT) and Bachelor of Science in Nursing (B.Sc. Nursing).
Jharkhand High Court
The Jharkhand High Court granted provisional bail to five accused persons in a case (No. 272/17) related to attack on a marriage party on the condition that they perform social service to give some solace to the persons injured in the incident.
Karnataka High Court
The omission of the husband in neglecting to maintain the wife and living with another woman amounts ‘economic’ and ‘emotional’ abuse and wife is entitled for the protection under the Domestic Violence Act, the Karnataka High Court held while upholding maintenance awarded to a wife who filed petition for maintenance after 3 decades.
Kerala High Court
Kerala High Court on Monday set aside the life ban and other punishments imposed by BCCI on former Indian Cricketer Sreesanth. Justice A Muhamed Mustaque allowed the writ petition by Sreesanth against the ban and other punishments pursuant to the disciplinary proceedings initiated by BCCI against him.
Answering a matter in reference, a division bench of the High Court of Kerala ruled that in cases arising out of violation of injunction order, the appropriate forum would be the court of the lowest hierarchy.
A Division Bench of the High Court comprising Chief Justice Navaniti Prasad Singh and Justice Raja Vijayaraghavan refrained from ordering interim stay of the provisional fee fixation of the private medical seats in Kerala. This is despite the Court observing prima facie that the prima facie fee fixation done was not sustainable in law.
The High Court on Friday adjourned the hearing of second bail application filed by actor Dileep in the actress molestation case.
Madhya Pradesh High Court
The Madhya Pradesh High Court again asked the state police to seek details of email IDs from service provider Google Inc of a man accused of forgery and cheating a woman, instead of demanding the man to furnish those details.
The High Court held that the trial court is not concerned with the proof of allegation at the stage of framing of charges.
The Court held that the blacklisting of a contractor cannot be done for an indefinite period.