High Courts Weekly Round-Up

Bombay High CourtThe Bombay High Court in Rajendra vs. State Of Maharashtra, held that the cognisance of offences punishable under Chapter IV of the Drugs and Cosmetics Act, 1940, cannot be taken on the basis of the charge sheet filed by the police under section 173 of the Code of Criminal Procedure (CrPC). Calcutta High Court“Do not pit one community against another”, the Calcutta High Court told the Government of West Bengal led by Mamta Banerjee while hearing petitions challenging restriction imposed on immersion of Durga idols beyond 4 pm on Bijoya Dashami. The court also held that devotees were entitled to immerse Durga idols in the evening of Bijoya Dashami and such immersion must be completed by 8.30 pm. Delhi High CourtThe Delhi High Court in Sudha Gupta v. Har Prasad Gupta, clarified that the object of decree for restitution of conjugal rights is to bring about cohabitation between the parties, so that they can live at the matrimonial home in amity.The Delhi High Court in Chanderjeet Kumar @Kishan v. State dealt with a case where a juvenile was wrongfully incarcerated for duration beyond the maximum punishment prescribed for juvenile convicts under the Juvenile Justice (Care & Protection of Children) Act, 2015. [JJ Act]The Delhi High Court in Santosh Sahayvs Hanuman Sahay, has held that if a false character assassination allegation is made by either spouse, it would invariably constitute matrimonial cruelty to entitle the other spouse to seek divorce.Gujarat High CourtThe Gujarat High Court allowed a revision petition permitting the petitioner to be examined as a witness in 2002 Gujarat riots case.Kerala High CourtA Full Bench of Kerala High Court in Firos Ali v. State of Kerala, has issued guidelines pertaining to filing of subsequent bail applications for same crime. The Bench comprising of Chief Justice Mohan M. Shantanagoudar, Justice Thottathil B. Radhakrishnan and Justice K.T. Sankaran clarified a few doubts that were raised in the principle that was laid down in a previous Supreme Court judgment in ShahzadHasan Khan v. IshtiaqHasan Khan and followed through in subsequent casesMadras High CourtTaking a definitive stand on quackery, the Madras High Court dismissed the petition to quash criminal proceedings against one such individual alleged of quackery and ruled that returning money back to patients does not absolve the quack from the offence of fraud and cheating. Punjab & Haryana High CourtThe High Court of Punjab & Haryana in Daljit Singh & Ors v. Sukhwinder Kaur & Ors, sought a more cautious approach to cases related to dowry complaints filed under section 498-A of the CrPC.Rajasthan High CourtIn a progressive judgment reaffirming the rights of single mothers, the Rajasthan High Court directed the state government to amend existing rules and provide necessary guidelines to ensure painless issuance of birth certificate to single mothers.Dismissing an appeal petition on interlocking reservation, the High Court recently affirmed that reservation for the physically handicapped is horizontal (special category) and cannot be merged with vertical (social category) reservation for determination of eligibility and vacancies.This article has been made possible because of financial support from Independent and Public-Spirited Media Foundation.

High Courts Weekly Round-Up

Ashok KM

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