High Courts Weekly Round-Up

Allahabad HCThe Allahabad High Court, in Ram Sunder Ram vs. Union of India, has held that quoting of wrong provision in order to cancel the arm licence does not invalidate the order.The division bench of Justices Ramesh Sinha and RekhaDikshit of the Allahabad High Court has ordered the Chief Secretary of the State of Uttar Pradesh to pay a compensation of Rs.2 lakh to a student of Class XII who was tortured in police custody despite being completely innocent.Where should be an appeal against acquittal in a cheque bounce case filed? Can the victim file it before the sessions court and the complainant file it before the high court? Can the victim file it before the high court without obtaining its leave? The Allahabad High Court has referred these interesting questions to a larger benchBombay HCThe Bombay High Court in Goa told the prison authorities to consider granting parole to a prisoner for attending his own marriage.The Bombay High Court yet again made some drastic observations while granting bail to a man convicted of offences punishable under Sections 498A and 306 r/w Section 34 of the Indian Penal Code. `Calcutta HCCalcutta High Court, in Shiba Rani Maity vs. The State of West Bengal,held that excess payments cannot be recovered from pensionary benefits of an employee, if the excess payment was not made on account of any fault, fraud or misrepresentation on part of the employeeDelhi HCThe Delhi High Court has upheld an order by the Chief Information Commissioner(CIC) imposing a fine of Rs. 25,000 on the Chief Public Information Officer(CPIO) of Indian Council for Agricultural Research(ICAR) for not providing information sought by an applicant.The Delhi High Court on Thursday came down heavily on a man for keeping his 94 year old mother out of her own house, and imposed costs of Rs. 5.3 lakh on the son.Justice RS Endlaw of the Delhi High Court dismissed two petitions filed by Jindal Steel and Power Ltd (JSPL) seeking continuance in dumping fly ash at the Gare Palma mine in Chattisgarh so that its thermal power plant in Dongamahua remains operational. Court also imposed a cost of Rs.1 lakh on JSPL.The Delhi High Courtrejected a writ petition wherein a student sought a direction to the CBSE to change his name in all the records maintained by the Board, and to issue a fresh mark-sheet and certificate of Class-X Examination passed by the student in 2015.The Delhi High Court has ruled that employees of private schools in Delhi ought to receive monetary emoluments equal to similarly placed employees in government schools. It was clarified that employees of private schools are equally entitled to salaries as per the Sixth Pay Commission report.The Delhi High Court dismissed the plea of a teacher who had challenged the letter of termination of her services issued by the RashtrapatiBhavan, Kalyan Kendra.Gujarat HCThe Gujarat High Court has turned down a plea of a man who got acquittal in a criminal case, seeking to restrain Google from publishing an ‘non-reportable’ judgment of the high court in his case.Madhya Pradesh HCThe Madhya Pradesh High Courtpulled up the Madhya Pradesh Board of Secondary Education (MPBSE) for not properly evaluating answerbook of English language examination of a student.The Madhya Pradesh High Court come down heavily on a PIL petitioner and his counsel for indulging in publicity stunts by releasing copies of the writ petition to the press even before notices were issued or cognizance taken on their petition.The High Court of Madhya Pradesh recently opined that the Advocates Act be reviewed to check continued fitness of advocates to conduct criminal trials, taking into account advanced age and mental and physical infirmity.Madras HCThe Madras High Courtallowed a revision petition by an accused in a bribery trap case and held that an accused is entitled to apply for deferring the cross-examination.Orissa HCThe Orissa High Court in NanditaSethi vs. State of Orissa, has held that a magistrate cannot direct further investigation of the case at the instance of a de facto complainant after taking cognizance of offences on the basis of charge sheet submitted by police.Punjab & Haryana HCThe Punjab and Haryana High Court came across an interesting plea from a lawyer challenging the provisions of Bar Council of India Rules which provides the manner to address the courts at different levels.This article has been made possible because of financial support from Independent and Public-Spirited Media Foundation.

High Courts Weekly Round-Up

Ashok KM

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