High Courts Weekly Round-Up

Allahabad High CourtThe Allahabad High Court quashed proceedings initiated post notice under Section 13(4) of The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 as the said notice was issued without duly informing the debtor about the auction of property and subsequent sale. Bombay High CourtGranting interim relief to authorised fair price shops and ration card holders, Bombay High Court restrained the authorities from cancelling or reducing the quota of kerosene allotted to fair price shops if they fail to comply with directions in a letter dated November 21, written by the Tahsildar, Miraj of Sangli district.The High Court prohibited the use of mobile phones, cameras or any other recording devices inside court rooms. Lawyers are the only ones exempted from the said rule.Ahead of the Brihanmumbai municipal elections to be held on Tuesday, the division bench of the High Court on Thursday passed some directions that would have a significant impact on the display of illegal hoardings by political parties during the civic polls.While hearing a contempt petition filed by the Bombay Bar Association (BBA) against an advocate and nine others, the High Court directed Youtube and Google to remove a secretly recorded video of proceedings inside Justice SJ Kathawalla’s courtroom.The High Court has set aside a circular issued by the Collector, Thane District directing the state excise department to prohibit restaurant owners, hoteliers and liquor stores to prohibit sale of liquor from February 19 to February 21 and thereafter on February 23.The Bombay High Court held that when rape is defined under Section 375 of the Indian Penal Code, the term “without her consent” has a wider meaning and covers a broader area of her wish to have sexual intercourse.Delhi High CourtIn a major relief to parents seeking nursery admissions for their child in the state of Delhi, Justice Manmohan of the Delhi High Court granted a stay on the notification issued by the Delhi Government wherein it was stated that nursery admissions would preferentially be given to students who reside in the same neighbourhood as their school.A division bench of the Court modified its May 2016 order relating to the conditions for allotment of chambers to advocates in the Delhi High Court complex.The High Court held that the minutes of full house meetings of the Bar Council cannot be disclosed and put in public domain or on the council’s website.While disposing of a matrimonial appeal, the Court observed that Innocent children are used as tools of vengeance by vindictive litigants. It was also observed that the number of divorce cases across all sections of the society is on the increase, resulting in rise of bitter child custody battles.Gujarat High CourtIn a dramatic turn of events, the Gujarat High Court directed the police to take a pregnant ‘rape victim’ to the family of the ‘rape accused’ after she told the court that she wants to continue with the pregnancy and to live with him.Karnataka High courtThe Karnataka High Court recently held that it has no power under Section 482 of CrPC for quashing of criminal proceedings for serious offence like rape, on the ground of settlement between an offender and a victim.Kerala High CourtThe Kerala High Court on Wednesday asked Reserve Bank of India, Coast Guard, Centre and state governments to respond to a petition alleging looting of India’s ocean wealth by foreign vessels violating lawMadhya Pradesh High CourtA division bench of Madhya Pradesh High Court upheld the single judge order allowing the departmental inquiry and criminal case go parallel against a police sub inspector accused of attempt to outrage modesty of fellow lady employee.The High Court dismissed a petition filed by a student who had appeared for the Common Law Admission Test(CLAT) 2015 as she sought the examination to be conducted again. Court said the petition was “merit-less”.The High Court commuted a death sentence to life imprisonment of a man convicted in rape and murder of his minor daughter for his case do not fall in rarest or rare category.The Court declined to pass order overlooking the statutory provisions merely because the matter is pending for more than fourteen years.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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