High Courts Weekly Round-Up

Allahabad High CourtThe Allahabad High Court recently observed that the ‘character’ of a rape victim was still not an ‘absolutely irrelevant’ circumstance in a rape trial.Much to the cheer of Delhi-Noida commuters, the High Court scrapped the Delhi-Noida Direct (DND) flyway toll on Wednesday and ruled that the concessionaire, Noida Toll Bridge Company, shall not impose any user fee/toll from the commuters.The High Court advised the Centre to consider the appointment of a retired high court judge as chairman of the Taj Trapezium Zone Authority (TTZA). At present, the authority is headed by the divisional commissioner of Agra zone.The Lucknow Bench of the court in Rama Shanker and Ors v State of UP, allowed Ram Shanker’s appeal, who was sentenced to 10 years’ rigorous imprisonment by the sessions court as it found him guilty of offences under section 304-B, 498-A of IPC.The High Court dismissed a petition filed by Delhi Chief Minister Arvind Kejriwal and AAP leader Kumar Vishwas challenging an order of a lower court and summons issued in a criminal case instituted against them under Sections 143, 186, 188, 341, 353 and 171-G I.P.C., Police Station-Gauriganj, District-Sultanpur.Bombay High CourtThe Bombay High Court toughened its stance on the death of malnourished children in the Tribal areas by seeking to know the funds allocated for the said purpose, but also the grant given to the State as for the total yearly budget allocation for these schemes/programmes and the total budget allocated by the Central Government to the State.The High Court in Seamec Limited v. Swiber Offshore (India) Pvt Ltd and Anr, directed the ONGC to release $21 million to Swiber Offshore (India) Pvt Ltd (Swiber).In Sunil VitthalRaut v. The State of Maharashtra, the High Court upheld a sessions court verdict to sentence accused Sunil Vitthal to life imprisonment for charge of murdering his wife. The decision was taken by division bench comprising Justice SS Shinde and Justice Sangitrao S Patil.The High Court has refused to strike down provisions of the Motor Transport Workers’ Act, 1961, as unconstitutional.The division bench of Justice Naresh Patil and Justice PD Naik on Wednesday directed the state to consult experts for furthering the investigation into an FIR filed at the Koregaon Park Police Station in connection with forging of the will of spiritual guru Osho.The division bench of Chief Justice Manjula Chellur and Justice M S Sonak refused to entertain a PIL filed by an NGO, Narmada Kidney Foundation. This PIL sought directions to the state for implementation of the scheme framed under Section 9(3-A) of the Transplantation of Human Organs and Tissues Act, 1994 for Swap Transplants. It also sought further directions to the State Government to frame separate rules for Swap Transplant, if necessary.In Indian Medical Association vs. State of Maharashtra, the High Court made the rule absolute that private practices set up by medical practitioners are not be considered as ‘commercial establishments’.The High Court set aside a ban order issued by Oil and Natural Gas Corporation Ltd (ONGC) against JK Surface coatings, a company that specialises in corrosion resistant coating application in India.A division bench of the High Court agreed to quash an FIR against five college students who were accused under various Sections under Indian Penal Code and Section 8 of the Protection of Children from Sexual Offences Act, 2012 (sexual assault) in exchange for a fine and some cleaning work in the Badlapur Municipal Council. The alleged victim is a 17 year old who is studying in 12th standard at a college in Thane.A few days before Diwali celebrations begin all over the country, the Bombay High Court directed all municipal corporations in Maharashtra to inspect/re-verify licences that have been issued for selling firecrackers in every ward.Delhi High CourtThe Delhi High Court dismissed a petition against an order of dissolution of marriage and ruled that allegations of sexual perversity against a spouse amount to mental cruelty, justifying a decree of divorce.In Girish Pandey & Ors v. State & Anr, the High Court quashed an FIR proceedings emanating from a matrimonial dispute, which had been amicably settled by the parties.The High Court on Thursday dismissed a petition challenging a Special Court order framing charges against Director of Gagan Sponge Iron Private Ltd (GSIPL) Mr. Girish Kumar Suneja in a Coal block allocation case.The High Court’s division bench comprising Justice Pradeep Nandrajog and Justice Pratibha Rani in Indian Hotels Company Ltd (IHCL) vs. New Delhi Municipal Council (NDMC) dismissed the plea of IHCL for a permanent injunction against public auction of TajMansingh Hotel.The Delhi High Court in Sandhya Kumari vs. Manish Kumar, dissolved their marriage as it could ‘clearly see that their marriage had broken down and they were inflicting mental torture, resulting in cruelty, on each other by raising false allegations against...

High Courts Weekly Round-Up

Ashok KM

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