High Courts Weekly Round-Up
Allahabad High Court
The Allahabad High Court, on Wednesday, took suo motu cognizance of an incident of rape followed by the custodial death of the victim’s father in Uttar Pradesh’s Unnao district.
Bombay High Court
The Bombay High Court held that under the Protection of Women from Domestic Violence Act, 2005, the court is empowered by Section 28(2) to deviate from the prescribed procedure under Rule 6(5) of the DV Rules or S.125 of CrPC and in its own discretion may allow evidence on affidavit and cross-examination to test veracity of evidence.
The High Court on Monday allowed the termination of pregnancy of a minor girl after a specially-constituted committee of medical officers opined that continuation would be riskier.
In a notification dated 6 April, the Bombay High Court stayed the process for recruitment of around 9,000 stenographers, junior clerks and peons, in furtherance of an order noting that the High Court administration had failed to mention seats available for the differently-abled and visually challenged in the advertisements.
The High Court recently ruled in favour of three major oil companies in the country, Indian Oil, Bharat Petroleum and Hindustan Petroleum and decided not to interfere in their new policy for the tendering process of awarding contracts to bulk LPG transporters (by road) across the country.
The High Court upheld the Goods and Services Tax (GST) levied by the Central Industrial and Development Corporation of Maharashtra Limited (CIDCO) on one-time lease premium charged for letting out plots of land on lease basis.
Asserting its role as loco parentis, the High Court held that the period of two years mandated under the reported Manuel D’Souza decision of Justice FI Rebello of the Bombay High Court in 1999 (as he then was), was an invariable and inflexible rule having no statutory backing.
Chhattisgarh High Court
The Chhattisgarh High Court asked the State to respond on a PIL moved by two advocates objecting to the “disrespectful” placement of Advocate General at serial number 25, much below Additional Secretary to Government of India and the Additional Solicitor General of India, in India’s Order of Precedence which shows the hierarchy of official positions and seeking a direction to place him at par with the Attorney General of India at serial number 11.
Delhi High Court
The Delhi High Court on Monday asked the Centre to make clear its stand on allegations that cases of corruption at AIIMS running into several thousand crores of rupees involving senior officials, including IAS officer Vineet Chawdhary, were closed illegally by the Union Health Ministry without the approval of competent authority which in this case was the Prime Minister as the Minister-in-charge of the Department of Personnel and Training.
The High Court, on Tuesday, rapped litigants for making it a habit of filing review petitions without understanding whether the case was fit for it.
The High Court, on Friday, opined that Courts need to step in as parens patraie in cases where organ donors from economically weaker sections of the society succumb to monetary gains at the cost of their health.
The High Court, on Friday, also rapped the University Grants Commission (UGC) for denying the National Eligibility Test (NET) certificate to a candidate who held a higher qualification degree than what was prescribed by it.
The High Court recently recognized copyright on photos uploaded on Facebook. The order was passed by Justice Manmohan on a suit for permanent injunction filed by Fairmount Hotels Pvt. Ltd., demanding that one Mr. Bhupendra Singh be restrained from infringing their copyright.
The High Court recently directed the Delhi Police to ensure that no charge-sheet is filed in any case without the written consent and approval of the Prosecution Branch.
Kerala High Court
In a huge blow for the Kerala Government, the High Court of Kerala set aside eviction proceedings under the Kerala Land Conservancy (KLC) Act initiated by the state against Harrisons Malayalam Limited and its assignees, through a special officer appointed for the purpose, holding that it is without jurisdiction.
Madhya Pradesh High Court
Holding that call to abstain from judicial work is a violation of fundamental right of an advocate, the Madhya Pradesh High court observed that the decision of the State Bar Council calling upon the advocates in the state to observe the ongoing week-long protest and to abstain from all judicial works and court proceedings, is illegal and unconstitutional.
The High Court upheld disqualification of a District Judge aspirant who had cleared main examination and interview, but whose candidature was canceled on the ground that she has more than two children and the same being against the conditions mentioned in Madhya Pradesh Civil Services (General Conditions of Service) Rules, 1961.
Patna High Court
The Patna High Court ordered a retrial in a murder case while setting aside the death sentence imposed on an accused, observing that the accused was not provided adequate legal aid.