High Courts Weekly Round-Up

Bombay High Court

In a significant judgment, the Bombay High Court held that merely because parties are governed by the Muslim Personal Law, it should not be an impediment in the wife invoking provisions of the Domestic Violence Act.

The High Court recently allowed a petition filed by a public charitable trust called FE Dinshaw Trust and held that acquisition of land measuring almost 41 acres or 1,65,602 square metres had lapsed as the state government failed to complete acquisition in nearly three decades.

The High Court slapped a fine of Rs. 50,000 on the Central Bureau of Investigation (CBI) for an illegal arrest made by its officer in the PNB fraud case.

A full bench of the High Court held that no straightjacket formula for determining period of limitation for filing administration suit

Calcutta High Court

The Calcutta High Court recently held that proceedings before the Motor Accident Cases Tribunal are inquisitorial in nature.

Delhi High Court

In a significant judgment, the Delhi High Court on Tuesday asserted that Courts cannot compel a party to give their consent for divorce by mutual consent despite them having entered into a settlement agreement under Section 13B of the Hindu Marriage Act.

The High Court on the same day sought to know from the Centre criteria and list of activities that are allowed to be carried out by a person holding a business visa.

Providing an interim relief to students of Faculty of Law, Delhi University, who have been barred from appearing in examinations of their respective semesters for not meeting the 70 percent attendance criterion set by the Bar Council of India, the High Court on Tuesday ordered that the students be allowed to appear in the exams subject to the final outcome of their petitions.

The High Court on Tuesday also refused to grant attendance relaxation to a second year student of the LL.B course of Faculty of Law, University of Delhi (DU) who had missed college due to her pregnancy

Jharkhand High Court

The Jharkhand High Court quashed the contempt of court notice issued against Congress spokesperson Manish Tiwary, RJD leader and ex-deputy CM of Bihar Tejashwi Yadav and RJD’s Raghuwans Prasad Singh and Shivanand Tiwari by a special CBI court in Ranchi which was hearing the fodder scam case.

Kerala High Court

While expunging the findings made by the Justice G Sivarajan Commission, commonly known as the Solar commission, on sexual allegations against former Kerala Chief Minister Oommen Chandy in the ‘solar scam case’, the High Court of Kerala observed that the fundamental right to privacy included the right to protect one’s reputation, and that it protects an individual against actions of private citizens as well.

Madras High Court

The Madras High Court recently observed that there should be some restraint in entertaining habeas corpus petitions in relation to man/woman missing cases. The court was considering a habeas corpus petition wherein no other allegations of illegal detentions have been set out, except that the petitioner’s husband is found missing.

Rajasthan High Court

The Rajasthan High Court directed the Rajasthan Public Service Commission (RPSC) to not insist on Aadhaar for submission of online application of two aspirants of the Rajasthan Administrative Service and Allied Service 2018-19 who had approached the court after failing to submit their forms for want of Aadhaar and a mobile number registered with Aadhaar.

Uttarakhand High Court

Observing that witnesses are required to be shown utmost respect and their dignity has to be maintained during investigation and trial, the Uttarakhand High Court passed a string of directions, including payment of reasonable travel allowance on date of recording of statement, adequate protection, installation of security devices like CCTVs and security doors in their houses to ensure their protection.