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High Courts Weekly Round-Up

Ashok Kini
29 May 2017 9:55 AM GMT
High Courts Weekly Round-Up
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Bombay High Court

Bombay High Court dismissed an appeal filed by the State of Maharashtra against a trial court order acquitting the accused in an abetment of suicide case.

Overturning an order of the Additional Sessions Judge, Kolhapur who acquitted the accused in a murder case, the Bombay High Court held the accused guilty and given him three months’ time to surrender.

The High Court held that claimants of compensation under the Land Acquisition Act can claim award of interest at any stage as the payment of the same is obligatory under Section 34.

A vacation bench of the High Court refused to stay the cutting of trees that is being carried out for Phase III of Mumbai Metro as residents approached court.

The Nagpur bench of Bombay High Court allowed an appeal against a railway claims tribunal order which rejected a claim for compensation by the widow of a man who died in train accident 15 years ago.

Chhattisgarh High Court

The Chhattisgarh High Court held that, under ‘exclusive jurisdiction’ clause in the arbitration agreement, the dispute is to be adjudicated at the place mentioned in the agreement and not at any other place.

Delhi High Court

The High Court of Delhi on Monday rejected a Petition filed by a group of lawyers for lodging an FIR on the allegations made in a purported suicide note of former Arunachal Pradesh Chief Minister Kalikho Pul, and slapped a fine totaling Rs 2.75 lakh on the Petitioners.

On Tuesday, the High Court termed the decision of the Central Board of Secondary Education (CBSE) to scrap its ‘moderation policy’ as “unfair and irresponsible”.

In the case of Deepak Malhotra vs Deepti Malhotra and Ors, the High Court held that the proportion of the husband’s income to be awarded as maintenance pendente lite to the wife is dependent on the surrounding circumstances and cannot be determined by a strict mathematical formula.

The High Court recently rejected a challenge to designation of lawyers as Senior Advocates of the High Court, observing that the Petition, filed through Advocate Mathews Nedumpara, was “completely bereft on any factual basis for the prayers made”.

The High Court issued notice to Arnab Goswami in a copyright infringement suit by Times Now

The High Court, in the case of Poonam Jain vs Union of India & Ors, noted that a person being prosecuted against has a right to be provided with all the material relied upon by the prosecuting agency to prosecute her/ him.

Himachal Pradesh High Court

Rejecting a plea of a foreigner who was served with a notice of exit after his application of extension of VISA got rejected seeking to continue his stay in India to look after his ailing son, the Himachal Pradesh High Court held that there is no right conferred upon a foreigner to endlessly remain on Indian soil, save and except under the procedure established by law, for pursuing any litigation or conferring any love or affection on an Indian national.

Karnataka High Court

The Karnataka High Court, in the case of M/s Uttam Industrial Engineering Ltd vs M/s Shree Basaveshwar Sugars Ltd, held that a winding-up petition has serious ramifications on the financial standing of a company and cannot be used in cases where there is a bona fide dispute regarding the amount owed by one party to the other and in such cases the company court should relegate the matter either to the civil court or arbitral tribunal.

Kerala High Court

The Kerala High Court rejected plea of an advocate challenging the Full court decision rejecting his application for designation as Senior Advocate.

The High Court on Wednesday allowed the challenge to the dress code prescribed by the All India Institute of Medical Sciences (AIIMS) for MBBS entrance examination. It observed that the prohibition against wearing of headgear and scarfs during the examination is violative of Article 25 of the Constitution of India.

Madhya Pradesh High Court

The High Court of Madhya Pradesh on Friday directed a CBI investigation into theft of a machine from the Raja Ramanna Centre for Advanced Technology, Department of Atomic Energy, Government of India at Indore.

In an important order, a single bench of the High Court acquitted a deceased person from charges under sections 294 and 506 II of IPC due to lack of evidence.

A single bench of the High Court took serious note of the prosecutrix deliberately did not turned up before the trial court on multiple occasions granted bail to a person arrested in the rape case.

In an interim direction, the Madhya Pradesh High Court directed the medical education authorities to ensure filling up of 50% seats reserved in private medical colleges for students’ domicile of Madhya Pradesh as per provisions of MP Autonomous Medical and Dental Post Graduate Colleges Admission Rules 2017.

Madras High Court

Madurai Bench of the High Court of Madras on Thursday observed that primary evidence of electronic record under Section 62 of the Indian Evidence Act, 1872 would be admissible in evidence, without compliance with the conditions in Section 65(b) of the Act.

The High Court, in the case of U. Periyanayagi vs the Home Secretary, took into consideration the extraordinary circumstances of the convict and granted him a parole for three days in order to enable him to take care of some urgent and pressing matters.

Madurai Bench of the High Court on Wednesday granted an interim stay on release of National Eligibility cum Entrance Test (NEET) UG examination results, which were scheduled to be declared on June 8.

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