High Courts Weekly Round-Up
Calcutta High Court
The High Court of Calcutta on Wednesday denied reinstatement of a Policeman, despite him being acquitted in a criminal trial. The Bench noted the absence of any provision under the Police Regulations, empowering the authorities to reinstate the person in service after he has been found guilty in a departmental enquiry, only because he has been exonerated in a criminal trial.
The High Court issued certain important directives to State Government and authorities, in order to ensure and eradicate the evil practice of witch hunting.
Delhi High Court
In a building collapse case which resulted in death of a labourer, the Delhi High Court refused to quash criminal proceedings against a building contractor. Justice Vipin Sanghi, refusing to quash the proceedings by recording the ‘settlement’ reached between the contractor and labourers who were injured, said that quashing of criminal proceedings at this stage, would create and set an unhealthy precedent, and send wrong signals to the society at large.
In a landmark order, a Division Bench of the High Court ordered blocking of 73“pirate” websites and directed the Department of Electronics And Information Technology, Government of India, to assist in the enforcement of orders passed by the Court in online piracy issues.
The High Court directed the Spice Jet and Sun Group to take the necessary steps for the purpose of constitution of Arbitral Tribunal to settle the share transfer disputes between them. The Bench has also directed that Rs.579 crores shall be deposited by the respondents without prejudice in five equal monthly instalments by way of fixed deposit for twelve months in the name of Registrar General of this Court.
The Court directed the Directorate Education to restore the Admission of a Minor which was cancelled and on the ground that income certificate furnished at the time of seeking admission was fake and forged. The authorities have struck off his name from the rolls of the school alleging that the certificate was forged.
The High Court on Wednesday observed that the decision of an appellate Court may in view of the Trial Court be right or wrong, but the Trial Court has no option but to follow it. The Court considered it “unfortunate” that the Single Judge, in the decision under appeal, had “embarked on an adventure to disagree” with the decision of a Division Bench.
The Court on Wednesday also slammed the Customs Department for disobeying High Court and Supreme Court rulings, on the issue of duty payable on imported goods.
The High Court on Thursday declared that Lieutenant Governor is the administrative head of National Capital Territory of Delhi and he is not required to act on the advice of the Delhi Cabinet. The High Court Bench headed by Chief Justice G.Rohini has dismissed a batch of Petitions by the Delhi AAP Government challenging the powers of Lieutenant Governor.
A Delhi high court’s Division Bench on Friday dismissed challenges by liquor manufacturers’ associations to the levy of service tax by the Central Government on those who manufacture alcoholic liquor on job work basis.
The Court on Friday kept the ban imposed on the BBC documentary India’s Daughter, based on the December 16 gang rape case,in place ruling that the High Court’s interference was not warranted as the matter is pending before the trial court.
Gujarat High Court
Gujarat High Court granted bail to an Accused who is suffering from HIV Positive (at the advance stage). He was charge sheeted for the offences punishable under Sections 302, 201, 394, 120(B) and 34 of the Indian Penal Code.
In a big blow to Gujarat Government, the High Court quashed Gujarat Ordinance No.1 of 2016, which provides for the reservation of seats in the educational institutions in the State and of appointments and posts in the services under the State in favour of the Economically Weaker Sections of unreserved categories.
Himachal Pradesh High Court
The Himachal Pradesh High Court declared that, Section 4 of the Himachal Pradesh Urban Rent Control Act, 1987, which prescribes the procedure for determination of standard rent and Sections 5, 6, 7, 8 and 30 (2) insofar as they are dependent upon standard rent as contemplated and determined under Section 4 other than the agreed rent, are unconstitutional.
Kerala High Court
A Division Bench of High Court of Kerala remitted back a writ petition challenging collegium system of appointment of Judges to be considered afresh by the single bench. The single bench has been directed to consider the writ petition on the issue of maintainability
Manipur High Court
Terming a Trial Court order discharging a rape accused, as ‘patently illegal’, the Manipur High Court observed that holding a mini trial before framing of charge in a rape case, to find out trustworthiness of the prosecutrix, is not at all permissible under the law.
Patna High Court
Election of Chhedi Paswan, a BJP MP from Sasaram (SC) Parliamentary Constituency in Bihar, has been declared null and void by the Patna High Court, for suppressing his past criminal antecedents in his Affidavit filed along with his nomination papers.