High Courts Weekly Round-Up

Ashok K.M

23 Jan 2018 4:43 AM GMT

  • High Courts Weekly Round-Up

    Allahabad High CourtThe Allahabad High Court, on Thursday, lamented the rampant increase in corruption, opining that it has become difficult to find honest people these days.The Allahabad High Court imposed Rs. 5,000 as costs on the Prime Minister’s Office (PMO) and the Law Ministry for its delay in filing response to a PIL.Bombay High CourtIn a significant judgment, the Bombay High Court...

    Allahabad High Court

    The Allahabad High Court, on Thursday, lamented the rampant increase in corruption, opining that it has become difficult to find honest people these days.

    The Allahabad High Court imposed Rs. 5,000 as costs on the Prime Minister’s Office (PMO) and the Law Ministry for its delay in filing response to a PIL.

    Bombay High Court

    In a significant judgment, the Bombay High Court held that judicial members of tax tribunals cannot be appointed without effective consultation with the high court and administrative members must be judicially trained.

    The High Court recently allowed a petition seeking prohibition of removal of their trademark ‘KLITOLIN’ from the records of the register of trademarks and held that any such removal can only be possible if prior notice, mandatory under Section 25(3) of the Trade Marks Act 1999, has been given.

    Providing some relief to a home buyer couple already aggrieved by delayed possession, the Bombay High Court set aside the order passed by the Maharashtra Real Estate Regulatory Authority (MahaRERA), by which it had denied compensation to them while holding that six-year delay on part of the builder was justifiable on grounds of administrative obstacles.

    The High Court issued notice in the petitions filed by journalists against the order by special CBI judge SJ Sharma prohibiting the media from reporting on the alleged fake encounter case of Sohrabuddin Shaikh, Tulsiram Prajapati and Kausar Bi.

    Chhattisgarh High Court

    The Chhattisgarh High Court said recently that access to electricity should be construed as a human right.

    The High Court held that an application for execution of an arbitral award pending before the district judge is not transferable to the commercial court under Section 15(5) of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015.

    Delhi High Court

    The Delhi High Court directed the Municipal Corporations of Delhi to pay their primary school teachers their salary for the last month within a week and to pay all arrears within a month.

    The High Court directed the Central Bureau of Investigation (CBI) to submit a report on the whereabouts of Mr. Virender Dev Dixit, who is the founder of Rohini Ashram.

    The High Court directed authorities to inspect juvenile homes in the Capital and submit a report on the steps that need to be taken to address the deficiencies in infrastructure and facilities.

    The question whether the acts of individuals in visiting a foreign country on an Indian passport and then applying in that country for asylum, can be construed as “prejudicial to the sovereignty and integrity of India” result in justifiable refusal of passport to such individual under Section 6 (1) (a) of the Passport Act, 1967 was answered by the High Court  in negative while determining the meaning of the phrase “prejudicial to the sovereignty and integrity of the country”.

    The High Court permitted Super Cassettes Industries Pvt. Ltd. and Saregama India Ltd. to intervene in the suits filed by The Indian Singers’ Rights Association (ISRA) against several hotels and restaurants in Delhi for allegedly violating its performer’s rights.

    The High Court directed civic bodies to ensure continuity of tactile pavement markings so that safe passage for visually impaired persons is guaranteed.

    The Directorate General of Civil Aviation (DGCA) was directed by the Delhi High Court to place before it the traffic load of three airlines – IndiGo, SpiceJet and Go Air – from April 1 to December 31, 2017.

    Himachal Pradesh High Court

    The Himachal Pradesh High Court, on its own motion, taken notice of a newspaper report about the shocking condition of a government school in Kupvi, Shimla.

    Jharkhand High Court

    The Jharkhand High Court stayed the contempt notice issued to Congress leader Manish Tiwari by Special CBI Court, Ranchi, for allegedly making adverse comments on the conviction of RJD chief Lalu Prasad Yadav in a fodder scam case.

    Kerala High Court

    The Kerala High Court made scathing observations against political parties for instigating hartals, while upholding the payment of compensation of Rs. 7 lakhs to a driver who lost his eye in stone- pelting by an agitating mob owing allegiance to a political party which called for a hartal.

    Madhya Pradesh high Court

    The Madhya Pradesh High Court, in Ashutosh Pawar v High Court of Madhya Pradesh, held that the decision of criminal court on the basis of compromise or an acquittal cannot be treated that a person possesses good character, which may make him eligible for the post of judicial officer.

    The High Court ruled that State Bar Councils cannot interfere with the election process or election of a Bar Association.

    Manipur High Court

    The Manipur High Court directed the state to appoint the chairperson and the members of the Manipur Human Rights Commission within a period of three months.

    Punjab & Haryana High Court

    The Punjab and Haryana High Court, on Wednesday, set aside the appointment of Mr. Suresh Kumar as the Chief Principal Secretary (CPS) to Chief Minister Capt. Amrinder Singh, holding that the same was “without authority of law and in clear violation of the Constitutional scheme”.

    Uttarakhand High Court

    Noting that all the chief information commissioners appointed were former chief secretaries, the Uttarakhand High Court observed that there is no such requirement that a former Chief Secretary can only be appointed as State Chief Information Commissioner.

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