High Courts Weekly Round-Up

Allahabad High courtIn a relief to many candidates who appeared for the exam conducted by Uttar Pradesh Public Service Commission to the post of Civil Judges (Junior Division) in the U.P. Judicial Service, the Allahabad High Court asked the commission to re-evaluate the marks of all candidates, who had appeared at the preliminary examination on the basis of correct answer to one question.The High Court recently held that even a prostitute has the fundamental right as well as the moral and social rights and she is at her liberty to permit a person for sexual intercourse and nobody can commit sexual intercourse even with prostitute under the threat or upon the gun point.Delhi High CourtDelhi High Court quashed the result of Delhi Judicial Service Preliminary Examination 2015 and directed the High Court Administration to re-compute the marks and the eligibility list after deleting four questions.The HighCourt issued notice on a Public Interest Litigation filed by a poor Tea vendor seeking to ban ‘celebratory firing’ which had taken life of his seventeen year old daughter last month. The petitioner sought a direction from the High Court to Delhi police commissioner to ensure that no incident of Celebratory firing should go unattended and unpunished.The High Court recently held that there is no scientific data available to show that installation of mobile phone towers and the emission of the waves by the said towers is in any way harmful for the health or hazardous to the health of citizens.The Court issued notice to Central Government in a contempt petition filed by Public Prosecutors association for allegedly making false submission before the court.The Delhi High Court, on Monday, said it was necessary for the Centre to revisit its existing mechanism for verifying credentials prior to issuing a passport, noting that even the government has admitted to “lacunae in the system” which could lead to issuance of passports based on false or forged documents.The High Court of Delhi on Wednesday issued notices to the Centre, Delhi government and Lieutenant GovernorNajeeb Jung, seeking explanation over the malfunctioning of Delhi Police’s helpline number 100. Gujarat High CourtThe Gujarat High Court, observing that there is no fundamental right to consume intoxicants, upheld the Resolution by Home Department of the state by which it had prohibited and discontinued the supply of Poppy Capsules by Government authorities. Justice N.V. Anjaria also observed that the ban amounts to redemption of the Directive Principles of State Policy under Article 47 of the Constitution. Madras High CourtMadras High Court held that compassionate appointment cannot be granted to the legal heirs of the deceased through the second wife. Justice Pushpa Sathyanarayana, dismissing the challenge against denial of compassionate appointment on the ground that he is son of a deceased Government employee (Sub Inspector of Police) through his second wife, held that there is no bar for the Government to make it as a policy that second wife and children are not allowed to get compassionate appointment under the Service Rules.Punjab & Haryana High CourtPunjab and Haryana High Court held the maximum duration of time to complete the LL.B. Three Years Degree cannot be extended in the absence of any provision for mercy/special chance. The Court also held that Degree of Bachelor of Laws (Non-Professional) can only be granted if the candidate does not continue his/her studies in the 5th semesters.The High Court held that the Name of Biological Father cannot be replaced with name of Step Father in Birth RecordsIn a significant judgement, the High Court held that even a foreign citizen or a person who was born outside India could be covered under the definition of Non Resident Indian for the purpose of Tenancy laws in Punjab.Coming down heavily on the state police for being circumvent, the High Court handed over the investigation of murder of a man ferrying cattle. Justice Fateh Deep Singh also asked the state to act against so called vigilante groups working under the garb of ‘Gau Raksha Dal. Uttarakhand High CourtUttarakhand High Court on Monday, dismissed the Petitions filed by Nine Congress rebel MLAs challenging the Speaker’s decision to disqualify them on the ground of alleged anti-party activities. The decision is significant in view of Tomorrow’s floor test.

High Courts Weekly Round-Up

Ashok KM

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