High Courts Weekly Round-Up

Allahabad High CourtWhile quashing a complaint against a surgeon the Allahabad High Court held that doctors can't be prosecuted for medical negligence merely for not delivering 'Assurances'Bombay High courtThe Bombay High Court had, on May 4, while upholding the trial court's sentence awarding life imprisonment to 12 accused in the Gujarat gangrape case, had set aside the acquittal of seven others which included policemen and doctors.The High Court dismissed a petition filed in review of an order dated November 28, 2016, wherein maintenance payable to one Rupal Doshi and her two children was enhanced to Rs. 25,000 from Rs. 7,000.A division bench of Justice AS Oka and Justice AK Menon of the High Court rejected a petition filed by one Amol Patil who sought withdrawal of money from his deceased grandmother's account without the demand of any succession certificate or probate.The High Court stayed an order by family court, Bandra, which granted access to the mother of six-year-old girl Janhavi, who has been in her father's custody since birth.Delhi High CourtIn a remarkable show of efficiency, the High Court of Delhi under the leadership of Acting Chief Justice Gita Mittal, on its first day of vacations, disposed of 19 cases and reserved 4 others, out of the 37 Appeals listed for the day.The High Court on Friday issued show cause notices to the Commissioners of all three wings of the Municipal Corporation of Delhi (MCD), seeking their response on why contempt proceedings should not be initiated against them.The High Court on Friday directed Ardee Builders to file an affidavit within a week, affirming that they have not created any third party rights over the shops at Ardee Mall, Gurgaon.The High Court on Wednesday appointed an ABP news reporter as Local Commissioner to conduct inspections and place before the Court the position regarding the garbage removal and disposal in Delhi.Karnataka High CourtThe Karnataka High Court observed that habeas corpus cannot be granted when a person has been committed to custody under an order from a competent court.Kerala High CourtThe Kerala High Court, in an unusual order, nullified the marriage of woman converted to Islam with a Muslim man in a habeas corpus petition filed by her father. A division bench of Justice Surendra Mohan and Justice Abraham Mathew held that the marriage, which is alleged to have been performed, is a sham and is of no consequence in the eye of law.Division Bench of the High Court comprising Chief Justice Navniti Prasad Singh and Justice Raja Vijayaraghavan dismissed a Public Interest Litigation challenging the Prevention of Cruelty to Animals (Regulation of Livestock Market) Rules, 2017 filed by a Youth Congress leader, as withdrawn.The High Court directed the Excise Department to consider applications afresh seeking renewal of bar licence submitted by bar owners situated along Cherthala-Thiruvananthapuram and Kannur Kuttipuram roads.Madhya Pradesh High CourtThe Madhya Pradesh High Court acquitted a woman from charges of section 201 of IPC after over 13 years of her conviction with her husband in a bribe case.Madras High CourtMadurai Bench of the High Court of Madras on Tuesday granted a four weeks stay on the operation of the recently notified Prevention of Cruelty to Animals (Regulation of Livestock Market) Rules, 2017.The High Court urged the Tamil Nadu Government to revisit the entire policy in the matter of liquor prohibition by considering the 'will' and 'wish' of the larger sector of the society of each area in the matter of taking decision with regard to the establishment or relocation of TASMAC shops.Madurai Bench of the High Court held that the Right to Information (RTI) Act, 2005 cannot be invoked at the first instance, if an effective alternative remedy is available to obtain such information.Patna High courtThe Patna High Court quashed a complaint against jewellery designer Farah Khan Ali for a statement she made supporting Bollywood actor Salman Khan in the hit-and-run case.Punjab & Haryana High Court The Punjab and Haryana High Court recently refused to entertain a contempt petition alleging violation of Supreme Court directives in Arnesh Kumar vs State of Bihar.The High Court dismissed a plea challenging the minimum age criteria to participate in NEET.Rajasthan High CourtIn a 139-page judgment, Justice Mahesh Chandra Sharma of the Rajasthan High Court passed unprecedented directions to declare cow as the national animal of India.Uttarakhand High courtComing down heavily on the tendency to question the credibility of Election Commission of India by levelling 'unsubstantial allegations' vis-à-vis electronic voting machines, the Uttarakhand High Court restrained all political parties and non-governmental organisations (NGOs) and individuals from criticising the use of EVMs in the recently conducted elections of the state assemblies even by approaching the electronic media, press, radio, Facebook, Twitter etc. till the decision of the...

High Courts Weekly Round-Up

Ashok Kini

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