High Courts Weekly Round- Up

Allahabad High Court

The Allahabad High Court recently reiterated the law laid down a full Bench of the Court, wherein it was held that the benefit of reservation cannot be provided in promotions, if there are less than five sanctioned posts available.

Bombay High Court

The Bombay High Court recently held that the New Pension Scheme brought in by the state government, through a Government Resolution dated October 31, 2005 (cut-off date), was not applicable to judicial officers in the state and the ones appointed after this cut-off date could choose to opt for the same.

The High Court set aside an order declaring a candidate for the post of Sub-Inspector in the Central Industrial Security Force as unfit due to tattoos and asked them to allow the candidate to participate in the final selection process.

The Aurangabad bench of the High Court set aside the death sentence awarded to two accused in a case of rape and double murder. Upon examination of the entire evidence on record, the bench of Justice SS Shinde and KK Sonawane held that the prosecution’s case was based entirely on circumstantial evidence which was insufficient to prove the guilt of the accused.

On Wednesday, the High Court prohibited the state from granting any permission allowing bullock cart racing before framing rules as envisaged in the new amendment to the Prevention of Cruelty to Animals Act, 1960.

Dismissing an appeal filed against an order of a single bench, the High Court held that names of Hindu Gods are not exclusive and such words cannot be monopolised by one party.

Delhi High court

In what would have wide ramifications, the Delhi High Court on Wednesday set aside the Rs. 100 per kg fee fixed by the Director General of Civil Aviation (DGCA) for excess checked-in baggage of 15-20 kg on private airlines.

Continuing to ensure aid to patients suffering from rare diseases, the High Court asked the Centre to take urgent steps to make the National Policy for Treatment of Rare Diseases functional at the ground level.

The High Court recently set aside a lower Court order, which had denied maintenance to the wife under the Protection of Women from Domestic Violence Act, 2005 (DV Act) solely because she was married before.

In a big relief to property tax payers in the NDMC area, the High Court struck down the New Delhi Municipal Council (Determination of Annual Rent) Bye-laws, 2009, and asked it to refund the excess tax collected by it.

In a major setback to NDTV, the High Court upheld the Income Tax department’s notice proposing reassessment proceedings for period from 2008-09 and 2009-10, and provisional attachment of its assets saying there was reasonable apprehension that NDTV may liquidate its assets, thereby, thwarting the recovery of tax liability.

Jharkhand High Court

The Jharkhand High Court recently granted anticipatory bail to Admin of a WhatsApp group, in a case registered against them under Section 295A of the Indian Penal Code, which criminalizes deliberate and malicious acts, intended to outrage religious feelings.

The High Court on Friday directed the CBI judge hearing fodder scam to give report on his orders passed during the three previous proceedings in a case (RC 64A/96) related to illegal withdrawal from Deoghar treasury in Jharkhand.

Kerala High Court

The Kerala High Court stayed the operation of the order issued by the Commissioner of Entrance Examinations, which imposed a condition of making an interest free deposit of Rs.11 lakhs for securing admission in medical seats. The order imposed a further condition that the students should produce bank guarantee for the fee of remaining four years, which would amount to Rs.44 lakhs

The High Court passed strong strictures against CBFC for not reviewing the film ‘Ka Bodyscapes’ in accordance with its orders

With regard to prohibition of liquor outlets near the national highways, the High Court held that the relevant distance is to be measured from the outer edge of the highway to the vending point or the liquor outlet and not to the gate of the property where such outlet is established.

Affirming the single bench judgment that rejected plea of an advocate challenging the full court decision rejecting his application for designation as senior advocate, the division bench of High Court of Kerala observed that an advocate can neither consider it to be his right to be declared as a senior advocate nor can he claim as a matter of right to be declared as a senior advocate.

Madhya Pradesh High Court

The Madhya Pradesh High Court held that even if a newly-appointed person makes declaration truthfully of having being acquitted in a criminal case, the employer still has the right to consider his antecedents and cannot be compelled to appoint the person.

The High Court advised trial courts not to exercise its power to issue non-bailable warrant in a routine and mechanical manner and in the larger interest of justice, try to secure the presence of the accused on the next date of hearing by way of a bailable warrant at the first instance.

The High Court directed the state government to take all possible steps for the health of workers working in the coal-fired thermal power plants (CFTPPs) in future.

Punjab & Haryana High Court

The Punjab and Haryana High Court on Wednesday issued notice to Haryana’s Additional Chief Secretary (Home) and the Director General of Police (DGP) on a Petition alleging leakage of the question paper of the Haryana Civil Services (Judicial Branch) Preliminary Examination conducted on July 16 this year.