High Courts Weekly Round-Up

Allahabad High CourtThe High Court of Allahabad on Tuesday dismissed a petition seeking Central Bureau of Investigation probe into the lynching of Mohammad Akhlaq in Dadri last year.Bombay High CourtA division bench of the Bombay High Court directed the Maharashtra government to provide details about those persons who are given police protection by the state without being charged for it. Court has asked the state to submit details regarding the money that is owed to the government by people who are availing such services from the state police and also the amount that has already been collected by the state, within a week’s time.Calcutta High CourtThe Calcutta High Court asked the Punjab National Bank to publish an apology in all the newspapers wherein it had published a demand notice under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act), with the photograph of the directors of a company.Chattisgarh High CourtThe Chhattisgarh High Court in Arial I Kumar vs. Shrimati Shikha Kumar held that assets left behind by deceased husband are liable to be proceeded against for satisfaction of the decree for maintenance.Delhi High CourtThe Delhi High Court in Hari Chand vs. State, acquitted a man, earlier convicted by a trial court for committing rape. Justice SP Garg took the decision as material infirmities or inconsistencies had emerged in the statements of prosecution witnesses, making it unsafe to base conviction on the solitary testimony of the woman alleged to have been raped.The High Court put on hold the demolition of Delhi Public Library situated at Karol Bagh. The authorities were issued two notices to vacate the premises on the grounds that it was in a dilapidated condition and dangerous for people in and around.In an order issued on November 11, the High Court of Delhi directed the Centre to examine whether objectionable content, including soft pornography was being made available for download from Hotstar.com.Gujarat High CourtThe Gujarat High Court upheld a trial court order which ordered prosecution of a lady for blatantly lying before the court to claim maintenance from the husband.The Gujarat High Court in IsubmiyaMiyasabMalekvs The State of Gujarat and 17 Ors, upheld a trial court verdict acquitting accused charged for committing the offences of unlawful assembly, rioting with deadly weapons, insulting with the intent of breaching peace and hurting someone’s religious feelings intentionally in the Gujarat riots of 2002.Himachal Pradesh High CourtThe High Court of Himachal Pradesh held that writ petition or appeal is not maintainable against the orders of a Wakf Tribunal, since Sub Section (9) of Section 83 of the Wakf Act provides an efficacious alternative remedy to the aggrieved party to invoke the revisional jurisdiction of the high court.Hyderabad High CourtArepalli Naga Babu, a visually-challenged IDIA scholar from Machilipatnam in Andhra Pradesh, has yet again strengthened the well-known belief that the only disability in life is lack of will and fortitude. Acting on his petition, the Hyderabad High Court directed the authorities to accept his application and permit him to write the Judicial Service Exam to be held on 27th of this month, which he was denied earlier.Kerala High CourtDirecting the revenue authorities to initiate action against land holdings in Munnar that violate the terms of assignment, the Kerala High Court ruled that land assigned under the Land Assignment Rules, 1964, cannot be used for the construction of commercial buildings.The High Court set out the norms for accreditation of legal correspondents reporting the court proceedings. As per the norms, which have come into force with ‘immediate effect’, the journalists must have a Law degree to get the accreditation.The Court in MavilaSathi vs. State of Kerala and Ors held that the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (the ‘Act’), cannot be allowed to be used as a tool in property disputes.In Sajith S vs. State Of Kerala Represented By The Public Prosecutor and Ors, the High Court quashed criminal proceedings against Sajith, who was accused for offences punishable under section 354A (assault or criminal force with the intent of outrage her modesty) of the Indian Penal Code and sections 7 and 8 of the Protection of Children from Sexual Offences (POCSO) Act.The High Court of Kerala has allowed a petition seeking termination of termination of more than 20-week pregnancy of a rape victim Madras High CourtThe Madras High Court in M.Krishnaveni vs. The Chief Secretary, Secratariat, and Ors, held that making any permanent mark on the body of a blood donor by force to prevent possible drug addicts from selling blood to buy more drugs cannot be allowed.In a significant development, the first bench of the High Court clarified that the administrative order of the Madurai bench instructing all print, electronic and media houses not to publish...

High Courts Weekly Round-Up

Ashok KM

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