High Courts Weekly Round-Up

Bombay High CourtThe Bombay High Court held that an arbitral tribunal does not have the power to appoint the court receiver of the high court as a receiver under Section 17 of the Arbitration and Conciliation (Amended) Act.On Tuesday, the High Court directed all government-run hospitals to take action against doctors on strike ‘as per law’, apart from ‘initiating contempt proceedings’.In a significant ruling, the High Court held that a winding up petition filed by an employee under Section 439 r/w sections 433(e) and 434 of the Companies Act, 1956, as a creditor based on the claim of recovery of his unpaid salary and wages is maintainable.Bombay High Court has imposed costs on a litigant for indulging in frivolous litigation. This time, Justice GS Patel imposed Rs.5 lakh as cost on plaintiffs who claimed copyright infringement on part of makers of the Bollywood movie Phillauri.Calcutta High CourtThe Calcutta High Court acquitted a man who was sentenced to death penalty by the trial court finding him guilty of conspiring murder of his wife and maid servant.The High Court, in PS Mitravs Manor Travels Private Limited, held that a judgment and order of conviction and sentence of imprisonment till the rising of the Court and an order of compensation imposed under Section 357(3) of the Code of Criminal Procedure with a direction to undergo imprisonment in default of payment of such compensation is appealable.The Calcutta High Court has referred to the larger bench the question whether a victim in a complaint case can avail of the right to appeal under proviso to Section 372 CrPC.Delhi High courtThe High Court of Delhi on Monday ruled that schools cannot hike tuition fees for payment of electricity charges on the ground of installation of air conditioners.The High Court asked the Centre to respond to a contempt petition filed by the Association for Democratic Reforms and Dr. E.A.S. Sarma accusing the Congress and the BJP of willfully disobeying the high court order in March 2014, in which it was held that both parties violated the Foreign Contribution (Regulation) Act (FCRA) by accepting donation from foreign sources.When the Indian delegation is in Islamabad to have a discussion with Pakistan over the Indus Water Treaty, the Delhi High Court sought response from the Central and Jammu and Kashmir governments’ on a plea filed by GVK Developmental Projects Pvt Ltd over Ratle hydroelectric power project on Chenab river in Kishtwar district.On Wednesday, the High Court ruled that employees of private schools in Delhi cannot claim Child Care Leave.The High Court, in a matrimonial dispute, held the husband guilty of committing contempt of court for disobeying the Supreme Court order to pay Rs 1 lakh per month as ad interim maintenance to his wife, and punished him to two-month simple imprisonment along with a fine of Rs. 2000.Madhya Pradesh High CourtA single judge of Madhya Pradesh High Court held the provisions under section 91 of Criminal Procedure Code (Cr.P.C) “is not a substitute” or “an alternate remedy” for the right under provisions of Right to Information Act that may or may not be available to the accused.The High Court allowed the name of biological father be replaced with name of step-father in the passport of a girl.In an interim order, the High Court permitted the petitioners and other candidates who desire to take NEET 2017 Examination to submit their forms.The Court admitted the appeal of the Special Police Establishment (SPE) – Lokayukta against acquittal of Minister Om Prakash Durve and one other person into alleged food grain transportation contract scam of MP State Civil Supplies Corporation, Bhopal.The High Court held that a person after retirement from service cannot be permitted to turn around and claim a different date of retirement considering change in the date of birth in service record.Tripura High CourtThe Tripura High Court observed that physical relationship with a minor girl aged below 16 amounts to rape, even if a love relationship existed between the rape accused and the girl.Uttarakhand High CourtA division bench of Uttarakhand High Court declared that rivers Ganga and Yamuna, all their tributaries, streams, every natural water flowing with flow continuously or intermittently of these rivers, as juristic/legal persons/living entities having the status of a legal person with all corresponding rights, duties and liabilities of a living person.

High Courts Weekly Round-Up

Ashok KM

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