High Courts Weekly Round-Up
Allahabad High Court
A full bench of Allahabad High Court on Monday held that the state government cannot exercise power under Section 321 of Code of Criminal Procedure to withdraw criminal cases in a whimsical and arbitrary matter.
The High Court recently struck down an Ordinance passed by Lucknow University, by which 80% seats of the LL.M. programme were reserved for law graduates of the University.
Upholding a detention order passed against a person under the National Security Act for allegedly slaughtering cows, the High Court observed that slaughter of cow hurts the sentiments of the Hindus, which affects public order as it is likely to incite communal tension, hence, it is not merely a case of law and order, but also of public order.
Bombay High Court
The Bombay High Court recently held that a criminal investigation cannot be quashed on the ground that the investigating officer has no territorial jurisdiction.
The Aurangabad bench of the High Court set aside a judgment by the trial court in Omerga convicting a woman of her husband’s murder.
The High Court on Monday reserved its order while hearing an appeal filed by Pragya Singh Thakur, main accused in the 2008 Malegaon blast case.
The Court referred the matter regarding uploading of a courtroom video on the internet, to full bench as the issues in the case “adversely effect judicial independence.”
The High Court upheld the conviction of two for possession of counterfeit currency. The accused were held guilty under Section 489 C of the Indian penal Code by the Additional Sessions Judge at Sewree, Mumbai.
On Friday, the High Court asked the state government to look for larger premises for the State Human Rights Commission.
The High Court directed the state government to remove the illegal structures that have been constructed on land reserved for minority community within six months.
The High Court set aside a 22-year-old judgement of the Additional Sessions Judge, Satara acquitting one RamchandraLokhande who was accused under Sections 302 and 201 of the Indian Penal Code.
Calcutta High Court
The Calcutta High Court held that a charge sheet issued against an employee in a disciplinary proceedings, the enquiry report and the letter of dismissal are protected by qualified privilege.
The High Court expressed the ‘hope’ that parliamentarians would consider amending the Representation of People Act to ensure that individuals contesting elections to state Assemblies or Parliament have a minimum educational qualification.
Delhi High Court
The Delhi High Court on Monday directed the superintendent at Tihar Jail to consider appropriate correctional measures to reform a rape convict sentenced to 10-year imprisonment.
Dismissing suits by ‘hypersensitive’ shampoo manufacturers, the High Court held that comparative advertising, i.e., comparing own product with that of competitor’s and calling own superior / better than competitor‘s, would not amount to disparaging the goods/products of the other.
A division bench of the High Court on Monday asked the authorities to explore appropriate programmes and intervention for mainstreaming and rehabilitating women prisoners.
On Tuesday, the High Court refused to stay proceedings before the trial court against the team of Jolly LLB-2 in a defamation case filed by footwear company Bata India Limited.
The High court recently held that the Internal Complaints Committee (ICC) constituted under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, must give a definite conclusion regarding the guilt of the person involved in the incident.
Gujarat High Court
The Gujarat High Court observed that there is nothing wrong in giving judgment on admission in cases of mutually-agreed ‘talaq’.
Karnataka High Court
The Karnataka High Court in Hussain vs. Imtiyan Khan held that a legal representative of a claimant cannot challenge the award and she does not inherit the right to prosecute the appeal after death of the claimant.
Kerala High Court
“Victims (martyrs, as the parties may call them for political gain) of the spate of political murders are from the rank and file. Those who in the higher echelons masterminding and orchestrating these barbaric activities remain safe and secure. They celebrate martyr’s days and shed crocodile tears”, remarked Kerala High Court while disposing a criminal appeal which emanated from a political murder case in Kannur.
Madhya Pradesh High Court
The Madhya Pradesh High Court refused to give one year time to the Union government to frame the rules for appointment of doctors, specialists and other category of staff in the Bhopal Memorial Hospital and Research Centre (BMHRC).
A division bench of the High Court held that the court cannot sit over the decision of statutory authority and discharge the functions of an appellate authority.
The High Court held that there is nothing in statute, rule or regulation that prohibits recognition of a bar association in one court or one place, where already a bar association is functioning after recognition by the State Bar Council.
Madras High Court
The Madras High Court recently held that there is no illegality in filing a second final report implicating an accused, after filing an initial refer report, referring the case as mistake of fact.
Orissa High Court
The Orissa High Court restrained the media from further publishing or highlighting allegations pertaining to an incident which happened on the high court premises on February 7, in which a lady police officer was allegedly harassed.
Rajasthan high Court
In a recent Case, Rajasthan High Court invoked the power under Section 482 of Code of Criminal Procedure to grant relief to a petitioner, who faced 35 years of jail cumulatively on account of conviction sustained in 32 different cheque cases under Section 138 of the Negotiable Instruments Act, 1881.
Tripura High Court
The first bench of Tripura High Court directed all trial judges in the state to “remain alive” at the time of recording evidence and to actively participate in the process and to control the criminal trial by such active participation to find out the truth and to ensure justice.