High Courts Weekly Round-Up
Allahabad High Court
The 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 Court
A 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 Court
The 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 Court
The 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 Court
The 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 Court
The 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 Court
The 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 Court
Arepalli 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 Court
Directing 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 Court
The 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 names of lawyers appearing in a case is only advisory in nature.
Orissa High Court
The High Court of Orissa on Tuesday held that for maintaining proceedings under Section 12 of the Protection of Women from Domestic Violence Act, 2005, it is not necessary for the woman to have lived in a shared household with the accused at the time of making an application to the Magistrate.
Punjab & Haryana High Court
The Punjab and Haryana High Court in Naseeb Kaur & Another vs. State of Punjab & Others, held that the heirs of those who died fighting in World War-II cannot be compensated in the form of land allotments or cash.
Rajasthan High Court
Acting on a PIL alleging use of obsolete methods screening donors for HIV and hepatitis leading to transfusion of infected blood, the Rajasthan High Court issued notice to the state government seeking response on the matter.
The High Court dismissed a criminal complaint u/s 498A, 323, 406 & 504 of the IPC and 12 of the Domestic Violence Act, 2005, while exercising its powers under Section 482 CrPC, against the parents of the deceased husband due to want of specific instances of domestic violence.
This article has been made possible because of financial support from Independent and Public-Spirited Media Foundation.