High Courts Weekly Round-Up

Allahabad High CourtThe Allahabad High Court commuted the death sentence awarded by a trial court for a man accused of raping and murdering a 4-year-old girl, to life imprisonment.Bombay High CourtBombay High Court recently dismissed a petition filed by five Police Officers challenging the order of Maharashtra Police Chief, rejecting their application for grant of permission to form an association of police personnel for the rank of Assistant Superintendent of Police and below.Delhi High CourtThe High Court of Delhi on Friday dismissed suits by a group of international publishers against sale of photocopies of text books and course material by a shop in Delhi University.The High Court asked the government to decide on the issue of surcharges levied on transactions made through credit cards and debit cards throughout the country.The Court issued orders restraining Indian firm M/s Apricot Foods Pvt. Ltd (AFPL) an, from using the YAHOO! Trademark or any other deceptively similar mark as part of their product name. The court held that the said infringement has the potential of diluting the YAHOO! Trademark and tarnishing the reputation attached to it.On Friday, the High Court issued a notice to the Centre on a plea seeking implementation of electoral reforms.The High Court directed VAT Commissioner, New Delhi, to look into the issue of withholding refund to registered dealers and take necessary steps for rectification of the lapses.In Ashok Kumar vs. Mona, the Court said what was not considered mental cruelty a few decades back might be construed as cruelty today. While making the observation, the Bench comprising Justice Pradeep Nandrajog and Justice Pratibha Rani also agreed that a mere mismatch of personalities and friction arising from, therein, cannot be termed ‘cruelty’.A petition has been filed before the High Court of Delhi demanding declaration of Hindi as the national language.Gujarat High Court“Do social service, but maintain your wife,” said the Gujarat High Court to a ‘sanyasi’ who had approached it challenging a family court order that required him to pay maintenance to his wife. Justice S.G. Shah also observed that a husband cannot escape from liability to pay maintenance to his wife only on the basis of his pleading that he is not earning anything.Himachal Pradesh High CourtIn a landmark Judgment, the High Court of Himachal Pradesh held that mentioning of caste/status separately in the criminal proceedings is a colonial legacy and requires to be stopped forthwith. The Court also observed that we should, as a public policy, shun the caste system.Madras High CourtThe Madras High Court recently quashed a complaint under the Domestic Violence Act, stating that the Act was being abused by some people to harass family members.Orissa High CourtThe Orissa High Court in Gyanasis Jena vs. Rekha Swain, held that a family court order allowing an application to set aside an ex-parte judgment is appealable under Section 19 of the Family Courts Act, 1984.Patna High CourtThe Patna High Court in Rupesh Kumar and Ors. vs. State of Bihar and Ors., set aside the decision of Bihar Staff Selection Commission (BSSC) that disqualified 18 BSc (Honours in Medical X-ray Technology) degree holders stating that they were ineligible for the post of X-ray technician.

High Courts Weekly Round-Up

Ashok KM

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