High Courts Weekly Round-Up

Bombay High CourtThe Government, being the largest litigant, has to be a model and ideal litigant, a division bench of the Bombay High Court observed while refusing to condone the delay by the Government in preferring Appeals. The Bench also observed that merely because applicant is a State, delay in filing appeals cannot be condoned without a proper explanation as Section 5 of the Limitation Act is equally applicable to the State as well.Calcutta High CourtThe Courts should not encourage indiscriminate prosecution of medical professional of medical negligence as it is counterproductive, the Calcutta High Court observed while refusing to interfere with Trial court order stopping criminal proceedings against Doctors.Chattisgarh High CourtThe Chhattisgarh High Court in Vikas Bafna vs. Union of India held that sub-section (2) of Section 142 and Section 142A of the Negotiable Instruments Act as amended by Negotiable Instruments (Amendment) Act, 2015, are valid piece of legislation.Delhi High CourtThe High Court of Delhi recently restrained two Indian auto-spare parts manufactures from using Toyota’s trademark TOYOTA, the Toyota Device mark, TOYOTA INNOVA and from passing off of the mark PRIUS.A Division Bench of the High Court on Monday reportedly reserved its verdict on a plea demanding that the Supreme Court collegium be restrained from recommending appointments to the higher judiciary.The High Court dismissed the Petition filed by Advocate SurenUppal seeking a court-monitored investigation into alleged illegal phone tapping of high-profile people including some union ministers by Essar.The High Court recently ruled that the provisions of the Delhi School Education Act apply to all schools in Delhi, irrespective of them being recognized or unrecognized.The Court upheld termination of two BSF personnel from service for committing trespass and misbehaviour. A Bench comprising of Justices Pradeep Nandrajog and Pratibha Rani dismissed their writ petitions against dismissal from service.In a recent judgment, the High Court directed Central Adoption Resource Authority (CARA) to streamline and simplify the procedure for adoption under the Juvenile Justice (Care and Protection of Children) Act, 2015A Division Bench of the Court directed the Ministry of Civil Aviation to consider Advocate Amit Sahni’s Plea seeking directions to the Government to control the Air Fare across the country thereby ensuring that the private companies could not fleece their customers arbitrarily.Division Bench comprising of Justices Pradeep Nandrajog and Pratibha Rani in Arun Tomar vs. Union Of India observed that, a vested right cannot be taken away except by a law which is expressly made retrospective and must stand the scrutiny of law.A Division Bench of the Delhi High Court in MCDONALD’S INDIA PRIVATE LIMITED VS. VIKRAM BAKSHI has observed that, Courts must be extremely circumspect and, indeed, reluctant to thwart arbitration proceedings and the power to injunct arbitration proceedings must be exercised rarely and only on principles analogous to those found in sections 8 and 45 of the Arbitration and Conciliation Act, 1996.Gauhati High CourtThe Gauhati High Court quashed criminal proceedings against a ‘rape accused’ who later married the ‘Victim’. Justice N. Chaudhury observed that chances of conviction in the case is bleak in view of the compromise between the parties and marriage and hence no useful purpose is likely to be served by allowing a criminal prosecution to continue.Jharkhand High CourtThe High Court of Jharkhand on Wednesday took suo motu cognizance of custodial death of a 16 year old boy, Rupesh. The Court took into account over 30 Postcards received by the Chief Justice of the Court, as well as a news item published in “The Hindustan Times” in its Ranchi Edition dated 9th July, 2016.Kerala High CourtThe High Court of Kerala, on Tuesday admitted a W.P(C)filed against appointment of Sr Advocate M.K Damodaran, as Legal Advisor of Chief Minister, Sri PinarayiVijayan.When the matter was taken up for consideration, Sri Raveendran, Additional Advocate General on instructions, informed the court that Sr Advocate M.K Damodaran has not taken charge to the post of Legal Advisor to C.M. It was further informed, that Sr Advocate M.K.Damodaran did not intend to take charge to the said post.Karnataka High CourtThe Division Bench of Karnataka High Court upheld a Single Bench judgment which had quashed the Karnataka Motor Vehicles Taxation [Amendment] Act, 2014, which sought to levy lifetime tax on motor vehicles registered outside the State of Karnataka, in case they have been in the State for a period exceeding thirty days, as unconstitutional and ultra vires.Madhya Pradesh High CourtThe High Court of Madhya Pradesh in M/S Prakash Granite Industries vs. The Punjab National Bank, has reiterated that, it is within the propriety of the Bank to publish a photograph of defaulter in newspaper in the event of failure on the part of such...

High Courts Weekly Round-Up

Ashok KM

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