High Courts Weekly Round-Up

Allahabad High CourtAllahabad High Court has quashed the resolution of Banaras Hindu University terminating the contract of Magsaysay award winner Prof. Sandeep Pandey as Visiting Professor alleging activities against National Interest. Allowing the Petition preferred by him, a Division Bench comprising of Justices Mahesh Chandra Tripathi and V.K. Shukla said that the decision by the University to terminate his contract is not a termination simplicitor, but rather a punitive order and such an order cannot be issued ex-parte without conducting proper enquiry in the matter, as was done in his case.In a recent decision in State of U.P vs. NHRC, the Allahabad High Court has held that the State is duty bound to comply with the orders of Human Right Commissions, in the absence of it being set aside. This significant observation was made by Division Bench headed by the Chief Justice of Allahabad High Court Dr. Dhananjaya Yeshwant Chandrachud on a petition by the State Government challenging the direction to it by NHRC to submit a compliance report along with a proof of payment of the compensation to next-of-kin of the deceased prisoner Omendra. The Prisoner who was an under trial had died while in prison due to some chronic disease.The Allahabad High Court lambasted a Lawyer, who had filed a PIL against sesquicentennial celebrations which was dismissed by the Court, for again filing PIL raising frivolous allegations against the conduct of the program.Allahabad High Court has upheld the validity of 2013 amendment to Representation of People Act. A writ petition by LOK PRAHARI, which had sought a declaration that the Representation of the People (Amendment and Validation) Act, 2013 is ultra vires and unconstitutional, got dismissed by a division bench comprising of the Chief Justice Dr D Y Chandrachud and Justice Rajan Roy.The Allahabad High Court has observed that the mental agony of being arrested and detention in a Section 498A IPC case filed by wife against husband resulting into loss of reputation and prestige in the society would amount to cruelty. Justice Pramod Kumar Srivastava made this observation in a second appeal against concurrent findings of the Court below which had dismissed the suit for divorce filed by the husband.After Delhi, Calcutta and Gujarat High Courts, now the Allahabad High Court has also stayed the levy of Service Tax from Senior Lawyers. On a petition by a Senior Lawyer practising in Allahabad High Court Mr. Shashi Nandan, the Division Bench comprising of Justices V K Shukla and U C Srivastava, has also asked the Centre and CBEC to file their counter-affidavits within four weeks and posted the matter for further hearing after six weeks.Bombay High CourtFull Bench of Bombay High Court has held that if the possession is taken before the Section 4(1)of the Land Acquisition Act is published and/or before the award is passed, the land owner would been titled for interest as per Section 34 necessarily from the date of passing of the award under Section 11 of the said Act, except in cases where the possession is taken in accordance with Section 17 of the said Act, and in that situation only, the provision of Section 34 of the said Act shall start operating from the date of possession.Expressing concern about the students and Institutions who waste their time in litigation in Courts, the Bombay High Court has directed the State Government and the Universities in the State of Maharashtra to evolve a mechanism by which the students at the beginning of the academic year are informed about the ineligibility of their admission and are prevented from unnecessary pursuing the course when not eligible.Bombay High Court has imposed costs of Rupees One Lakh on Reliance Infrastructure Limited for approaching it under Article 226 of the Constitution under the garb of violation of statutory and constitutional right, despite filing an appeal. Division Bench comprising of Justices G.S.Kulkarni and S.C.Dharmadhikari dismissing the petition filed by the company said that such tendencies of abusing the process of law are required to be taken a serious note.Chattisgarh High CourtThe Chhattisgarh High Court has held that a member of District Consumer Redressal Forum on completion of his/her tenure has no vested right for re-appointment. Justice Sanjay K. Agrawal dismissed a plea challenging appointment of someone else as a member of District Consumer Redressal Forum, Rajnandgaon claiming that the petitioner has vested right for re appointment to the post as she had been a member of the Forum.Delhi High CourtDelhi High Court, in an interim order, has restrained DPS World Foundation from using the registered mark/name “DPS” or any other mark identical or deceptively similar to the registered mark of the plaintiff Delhi Public School, amounting to infringement and passing off the plaintiff’s registered trademark till the disposal of this suit.Delhi High Court on Tuesday stayed the summons, warrants and resolutions...

High Courts Weekly Round-Up

Ashok KM

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