High Courts Weekly Round-Up
Bombay High Court
The Aurangabad bench of Bombay High Court, taking into account the acute drought faced in the state directed the State Government to authorise a 50 percent water cut for liquor industries, breweries and distilleries in the area with immediate effect and a further 10 per cent cut from May 10.
The High Court commuted the death sentence imposed on Imdad Ali Wai, accused of killing his wife, daughter and mother in law, into sentence for life imprisonment. The Division Bench however directed that he must serve in jail for a minimum period of 30 years without remission before his case can be considered for premature release.
Bombay High Court upheld the 2012 amendment to Prisons (Bombay Furlough and Parole) Rules, which states that Prisoners convicted for offences such as kidnapping, smuggling and other specified offences shall not be considered for release on furlough.
The Court observed that benefit of Probation cannot be extended to an Accused without calling a report under Section 4(2) of Probation of Offenders Act. Justice A.I.S Cheema also remarked that plight of the Victim and Future of Family of the Victim, not the future of the Accused shall be the main concern of Courts while awarding Sentence.
Quashing the order of Single Bench of Bombay High Court which had terminated the power of attorney of a non-advocate who argued a case before it as a ‘constituted attorney’ for the petitioners, on the ground that she was unqualified to appear, the Division Bench observed that there is no such specific qualifications prescribed for a person to appear in Court as Constituted Attorney for the Appellants.
Vaibhav and Shrutika, the abandoned siblings, finally will live with a mother and father, thanks to Bombay High Court. Justice G.S. Patel, allowed a US based couple, Roy Edward Roos and Jennie to take them in adoption. Following is the heart-warming story of these kids as discernible from the Court orders.
Delhi High Court
The Delhi High Court allowed, sale and manufacture of Breast cancer drug Trastuzumab by Biocon Limited, an India based company, with certain restrictions.
Delhi High Court quashed a Circular issued by the Central Board of Excise and Customs which had stated that the gold jewellery imported by the members of the Bullion and Jewellers Association from Indonesia do not satisfy the original criteria and should be denied the benefit of preferential custom duty.
Himachal Pradesh High Court
The private institutions cannot be permitted to operate like money minting institutions, the innocent people of this State cannot be allowed to be duped any further, observed the High Court of Himachal Pradesh which directed the Government to investigate all the private Educational institutions in the state and to ensure that no one is allowed to charge fee towards building fund, infrastructure fund, development fund etc.
Karnataka High Court
The Karnataka High Court emphasized on the need of hold ‘Pre-Trial Conference’ effectively held to thrash out many unexpected situations during the trial, well in advance. Justice A.V.Chandrashekara observed that Pre-Trial Conference’ should not be a mere formality, but a useful exercise as a step in aid to hold trial as mandated in Section 309, CrPC.
Kerala High Court
High Court of Kerala has on Tuesday, granted permission for Muslim Girls to wear Hijab for the All India Pre-Medical Test-[AIPMT] 2016 on the condition that they should be present at the examination.
A Division Bench on Friday dismissed the Writ Appeal filed by the Central Board Of Secondary Education (CBSE)challenging the Judgment of Single Judge permitting the Muslim female candidates to appear wearing Hijab for the All India Pre Medical Test(AIPMT 2016, ),2016 scheduled on 01/05/16.
The High Court while quashing the criminal case against 6 accused including two practicing lady advocates of the court has ruled that nudity in any form by itself will not legally fulfil the requirement of obscenity and further that vulgarity is different from obscenity.
The High Court held that every internal complaints committee constituted under the provisions of Sexual Harassment of Women at Work Place (Prevention, Prohibition and Redressal) Act, 2013 has to follow the principles of natural justice in conducting their enquiry.
Madhya Pradesh High Court
Madhya Pradesh High Court on Friday quashed Madhya Pradesh Public Services (Promotion) Rules, 2002 which introduced reservation for SC/ST Communities in promotions in Government Service.
Madras High Court
In a recent judgment, the Madras High Court asked the state to include first two chapters of Thirukkual, in VI to XII Standard school syllabus from the next academic year. Justice R. Mahadevan observed that inclusion of this classic literature would help to build a nation with moral values.
Patna High Court
The Patna High Court upheld disqualification of Narendra Singh from Bihar Legislative Council. Upholding the order passed by Chairman of the upper house of Bihar Legislature, Justice Kishore Kumar Mandal dismissed the writ petition filed by the former legislator of the state.
Punjab & Haryana High Court
In a recent judgment, the Punjab & Haryana High Court held that the age of retirement for the Imams serving in the mosques is sixty five and an extension of the tenure will be in violation of Punjab Wakf Regulations, 1966.
Uttarakhand High Court
The Uttarakhand High Court on Monday held that in view of Principles laid down in Bommai’s case and in Rameshwar Prasad’s case, it would be a case, where there was no warrant for a legitimate inference being drawn from the facts that the floor test should be avoided and, instead, the draconian provisions of Article 356 should be invoked.