High Courts Weekly Round-Up

Allahabad High CourtThe Allahabad High Court held that when an acquittal was obtained by playing fraud upon the court, it is no acquittal in the eyes of law, and in such a case the bar of Section 362 CrPC would not come into play.Bombay High CourtThe Bombay High Court held the acquisition of land by Government of Maharashtra in 1986 as lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.The High Court recently rejected the bail application of a school van driver accused of sexually abusing a six year old girl within the school premises.The High Court refused to quash an FIR against a person who had filed a writ petition seeking the same on grounds of settlement with the first informant and held that offence of abetment to suicide (306IPC) can't be quashed on settlement between partiesThe Court increased the amount of compensation awarded by the Motor Accidents Claim Tribunal (MACT) 21 years ago against the state government and others by over five times.The High Court allowed an application filed by Taher Fakhruddin, son of Khuzemabhai, to continue his father's suit where he had staked claim to the title of Dai Al-Mutlaq (spiritual leader and head) of the DawoodiBohra community.The Court issued notice under Article 215 of the Constitution of India and Section 14 of the Contempt of Court Act, 1971 to Advocate Mathew Nedumpara on March 15, 2017. The notice is returnable in two weeks.On Thursday, the High Court did a U-turn from its earlier judgment dated June 8, 2015, wherein it had declared the activity of running horse-driven Victoria carriages in the city as "completely illegal".The Goa bench of the High Court took suo motu cognizance of an article published in a local daily entitled Constitutionalism and Judicial lapse in Goa and converted it into public interest litigation.Calcutta High CourtThe Calcutta High Court on Friday directed the CBI to conduct a preliminary inquiry into Narada sting operation in which many Trinamool Congress leaders were allegedly found taking bribe. Delhi High CourtThe Delhi High Court observed that the 2001 amendment to the Narcotic Drugs & Psychotropic Substances Act, 1985, has adopted a reformative approach towards addicts.Merely being a successful advocate and having a good practice as an advocate will mean that such a person should be equated to a person who has teaching experience, the High Court observed while dismissing a plea challenging the selection process for appointment to the post of Assistant Professor in the Faculty of Law in the University of Delhi.Setting aside an order of interim injunction passed against Britannia Industries restraining it from using a packaging get-up/wrapper for its Nutri Choice Digestive Zero biscuits, the Delhi High Court has observed that the appropriation of and exclusivity claimed vis-à-vis a get-up and particularly, a colour combination stands on a different footing from a trade mark or a trade name and an interim injunction order can only be passed when it is established, may be even prima facie, that the colour combination has become distinctive of a person's product.The High Court in Sunny Paul vs. State, held that the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, amongst other remedies, provides for eviction of adult children in cases of parental abuse.The Court on Thursday upheld the Centre's decision to ban NRI televangelist ZakirNaik's NGO Islamic Research Foundation (IRF) for five years.The High Court dismissed a plea challenging UGC regulations pertaining to admission policy for MPhil and PhD courses.The Court dismissed plea of an assistant professor in Jamia Millia Islamia University challenging the disciplinary proceedings against him in relation to a sexual harassment complaint filed by one of his students against him.Dismissing a suit by Metro Tyres against MRF seeking to restrain the Advertising Standards Council of India (ASCI) from assessing or proceeding with the complaint filed against it by MRF, the High Court held that the ASCI can entertain a complaint by a member against a non-member.The High Court sought the Centre's response on a PIL challenging the Criminal Law (Amendment) Act 2013, in which a penal provision – minimum of seven years of jail term – for a rape convict was included and the court's discretion to award less that that was taken away. Gujarat High CourtThe Gujarat High Court on Tuesday appointed a team from the Anti-Corruption Bureau to probe into an alleged corruption case against two suspended Judicial Magistrates.The Gujarat High Court quashed rules mandating 5 years of experience for those working in court and allied departments to become eligible to seek entry into the judicial service.Madhya Pradesh High CourtThe Madhya Pradesh High Court held that exercising jurisdiction of section 482 of Criminal Procedure Code this court cannot indulge in a "roving inquiry" to ascertain the two...

High Courts Weekly Round-Up

Ashok KM

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