High Courts Weekly Round-Up
Allahabad High Court
The Allahabad High Court recently set aside the dismissal of a woman police constable from service for marrying her colleague, a married constable. “The petitioner has no knowledge regarding the second marriage of her husband at the time of solemnization of the marriage and at this belated stage, the punishment of dismissal from service is too harsh and disproportionate to the conduct of the petitioner,” Justice Mahesh Chandra Tripathi observed.
In a recent Judgment the High Court held that statements given by the accused persons under Section 313 of Code of Criminal Procedure can be used for the purpose of appreciation of evidence and can also be used for corroboration of the prosecution evidence; but the burden of the prosecution to prove its case beyond reasonable doubt is not reduced to any extent.
In a scathing criticism to the Government laxity and delay in paying retiral benefits to the employees, the Court asked the state to pay 10 per cent G.P.F. amount which is pending for two decades.
The High Court recently held that allowing Divorce on the ground of irretrievable breakdown of marriage is exclusive within jurisdiction of Supreme Court and is beyond jurisdiction of any other Court in India. The Court has also directed the Law Commission of the State to take appropriate steps to consider for incorporating the ground of ”irretrievable breakdown of marriage’ as grounds of divorce in Section 13 of the Hindu Marriage Act.
Bombay High Court
Strongly deprecating the attempt of the petitioners to implead Judges, a Division Bench of the Bombay High Court recently observed that while seeking review of the orders, a litigant cannot implead the Judges and the Bench sitting collectively or individually as party respondents.
Calcutta High Court
The Calcutta High Court commuted the death sentence awarded by Trial Court to a person convicted for rape and murder of an Eight year old girl, by modifying the conviction from Section 302 IPC to Section 304 (II) IPC and sentenced him to ten years imprisonment.
Chattisgarh High Court
The High Court of Chhattisgarh observed that prosecuting agency should be circumspect in initiating prosecution under Section 21(2) of the POCSO Act against the In-charge/Head of the Institution and should allow them sufficient/reasonable time to enquire and report the sexual harassment complaints in the institution.
Delhi High Court
Delhi High Court while reversing the acquittal of an Accused for an Offence U/S 354 of Indian Penal Code has held that there is no legal impediment in convicting a person on the sole testimony of a single witness.
The High Court on Friday reportedly put on hold the disciplinary action taken by the Jawaharlal Nehru administration against its students Umar Khalid and Anirban Bhattacharya, till their appeals are decided by the University’s Appellate Authority. The two students have been accused of sedition in connection with an event organized in JNU against the hanging of Parliament attack convict Afzal Guru.
The Court recently held that if a fully grown up lady consents to the act of sexual intercourse on a promise to marry and continues to indulge in such activity for long, it is an act of promiscuity on her part and not an act induced by misconception of fact.
The Court slammed the Central Government for filing Writ Petition against the Order of Central Information Commission (CIC) directing the Government to upload all the latest amended bare Acts and to examine the functionality of its e-mail ID and develop an appropriate RTI filing mechanism. Justice Manmohan also directed that the costs of Rs.10,000/- which was directed to be paid by the Government, should be recovered from the salary of the Government officials who authorized the filing of the present writ petition.
Gujarat High court
The Gujarat High Court allowed a plea by 5 members of a family to undergo Narco Analysis test to prove their innocence. Justice G.B. Shah, though agreed with the trial Court view that lie detector test or Narco analysis test is always to be in the aid of investigation and cannot be accepted as an evidence of a particular fact, but added that the particular fact or any fact comes after the said test is carried out by the concerned authority after following due procedure.
Kerala High Court
High Court of Kerala stayed the operation of the May 23rd Order of National Green Tribunal (NGT), Special Circuit Bench, Cochin prohibiting registration of new Diesel Vehicles above capacity of 2000 CC. But the NGT’s order banning the use of 10 Year old diesel vehicles in the corporation areas of the Kerala state will continue.
Madras High court
The High Court of Madras issued notice on a Petition praying for formulation of rules and guidelines for appointment of Law Officers in a transparent and objective manner, by the State of Tamil Nadu and Union Territory Puducherry.
The High Court introduced new sets of disciplinary rules for the Advocates through an amendment, enabling it to debar lawyers who indulge in objectionable behaviour. In a notification published on 20th May 2016, new Rules 14A, 14B, 14C and 14D has been added to the existing Rules under Advocates Act.
Punjab & Haryana High Court
In a landmark verdict, the High Court of Punjab and Haryana last week ruled thatthe family of a terminally ill patient, who stops treatment against medical advice, cannot be denied insurance claim on that ground.
The High Court has exhorted the Haryana Government to bring in a legislation to tackle Honour killing crimes. Justice K. Kannan, referring to the Maharashtra legislation in this regard viz. Maharashtra Prohibition of People from Social Boycott (Prevention, Prohibition and Redressal) Act, 2016 and the Madras High Court judgment, said that law as an instrument of social engineering should be used to trigger social reform and stem the rot of social evils.
The Court, modified the sentence awarded to persons convicted of cow slaughter, to period already undergone in custody, subject to payment of Rs. 9000 to a Gaushala. Justice Hari pal Verma passed this orders in a revision petition filed by five persons accused of Cow slaughtering.