High Courts Weekly Round-Up

Allahabad High CourtLucknow Bench of the High Court of Allahabad on Monday directed the Information and Broadcasting Ministry to look into allegations that programs of self-proclaimed spiritual guru Nirmal Baba, being broadcast on TV channels, encourage superstitions among viewers.The High Court ruled that OBC candidates applying for government jobs are “not exempt from the rigours of a cut-off or last date” given in the recruitment notices.Andhra High CourtA division bench of Andhra High Court, while considering a PIL, observed that several judges of the high court were born and brought up in Hyderabad, but some people do not consider them as belonging to the state of Telangana, for the simple reason that their forefathers hailed from areas which now form part of the bifurcated State of Andhra Pradesh.Bombay High CourtThe Bombay High Court granted pre-arrest bail to Poonam Agarwal, the journalist who conducted a sting operation to expose the alleged malaise and practices followed by some of the superior officers in the Indian Army, by misusing the Sahayak System”.The High Court directed the Deputy Sheriff of Mumbai to preserve 25 paintings by renowned painter MF Hussain as these are stored in a cupboard at a bank in Andheri.The High Court ruled that a civil court has the power to call a witness under Section 311 of the Code of Criminal Procedure while conducting an inquiry under Section 340 of the Code of Criminal Procedure.Justice GS Patel of the Bombay High Court expressed displeasure while hearing a bail application filed by one Sayyed Masood, who was arrested in 2010 for offences punishable under Sections 406, 420 and 120 B of the Criminal Procedure Code.The High Court directed civil judge, senior division, Panvel, to accept pleadings in English language. The direction came while a bench of Justice VM Kanade and Justice CV Bhadang was hearing a writ petition filed by lawyers aggrieved by two circulars, dated August 1 and August 4, by the civil judge, Panvel.On Thursday, the High Court dismissed the appeal filed by 11 convicts who were sentenced to life by a trial court in 2008, after being held guilty of gang-raping a five-month pregnant girl and killing seven of her family members in the post-Godhra riots of 2002.The High Court refused to grant relief to a student who applied whitener in order to correct some answers while appearing for the National Talent Search Examination (NTSE).On Friday, the Court dismissed a petition filed by one Gopal Shetye, whose rape conviction was overturned in appeal. He was seeking Rs 200 crore in damages from the state machinery.The High Court dismissed two petitions challenging the third phase of Mumbai Metro alleging illegal cutting of trees and violation of Coastal Zone Regulations on part of the Mumbai Metro Rail Corporation Ltd (MMRCL).The High Court directed Thane Municipal Corporation (TMC) to keep vigil and see that no activity other than maintenance of mangroves takes place within the boundaries of demarcated mangroves.The Bombay High Court has passed some landmark directions while hearing a batch of petitions concerning issues of infrastructure of civil and criminal courts in the state.Delhi High CourtThe High Court of Delhi recently rapped an additional district judge of Delhi for setting aside a final judgment in execution proceedings, terming it being “against all canons of law and justice”.The High Court, in the case of Sanjay Yogi Goel vs Union of India & Ors, when faced with the legality of a proposed organ donation by the mother-in-law of the patient’s son, noted that the qualities of human love and affection cannot be disregarded and such an exchange would be bad in law only if it’s undertaken with a financial or commercial motive.Disposing of a two decade old defamation suit, the High Court on Monday opined that public apology is a more fitting relief than monetary damages in defamation cases.The High Court of Delhi recently joined ranks with several Courts around the country that are experimenting with the usage of technology in judicial proceedings. Justice Rajiv Sahai Endlaw has recently allowed the Plaintiff to serve the summons on one of the defendants through Whatsapp, text message and email.In a landmark judgment, the High Court on Tuesday recognized the right of armed force personnel to a safe working environment, as a Fundamental Right extending under the Right to Life. It went on to direct the Centre and Hindustan Aeronautics Ltd. (HAL) to pay a total of Rs. 55 lakh compensation to a serving IAF officer rendered unfit for flying after a MiG-21 crash in 2005.The High Court referred to a larger bench (bench of larger quoram than three judges) to look into the aspect of maintainability of a composite suit in relation to infringement of a registered design and for passing off, where the parties to the proceedings are the same, in the light of Order II Rule 3 CPC, which permits joinder of causes of action.A full bench of the High Court, in Tinna...

High Courts Weekly Round-Up

Ashok KM

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