High Courts Weekly Round Up
Delhi High Court
Rape accused plea rejected
The Delhi High Court dismissed a plea of one of the December 16 gangrape case convicts seeking seizure of BBC documentary, ‘India’s Daughter’, apprehending it could be used against his conviction and sentence during his appeal pending in Supreme Court.
Delhi High Court Bench comprising Chief Justice G. Rohini and Justice Jayant Nath hasreportedly urged the Delhi State Legal Services Authority to take steps for immediate release of over 152 woman under-trials languishing in Tihar Jail for more than six months.
A Delhi High Court Bench demanded a reply from the publisher of a newspaper, which had allegedly featured a misleading headline on a report in the R.K. Pachauri sexual harassment case. The media house has been directed to file a response before December 8.
Bombay High Court
Babus exonerated after 20 years
The Bombay High Court recently set aside 1994 conviction order by lower court wherein two Maharashtra government employees were charged with taking bribe of up to Rs. 1100. Justice Sadhana Jadhav acquitted Ravindra Joshi and Narayan Mane on the ground that the prosecution “miserably” failed to prove its case against them.
Madras High Court
The Madras High Court directed Pandyan Grama Bank to reserve four posts for visually impaired people.
The petition of the Chennai Super Kings seeking interim relief on the two years suspension got rejected by the Madras High Court .
Allahabad High Court
No prejudice, No appeal in interim orders
Allahabad High Court on Tuesday, held that interim orders under Section 23 of the Domestic Violence Act which causes no prejudice to the party are not appealable. Justice Pankaj Naqvi, dismissed the Revision petition filed by a husband, observing that ‘This order has not decided any issue so as to cause any prejudice, on the contrary, it has only deferred its consideration till the stage of evidence. Such an order would not be appealable under Section 29 of the Act”
Chattisgarh High Court
Justice denied for 17 years- rape accused acquitted
After 17 long years, Chattisgarh High Court acquits a man convicted of rape by Trial Court ,finding that the prosecution has failed to prove the prosecutrix was below the age of 16 years on the date of incident and consequentially the question of consent assumes relevance.
Gujarat High court
Slams the Police
The Gujarat High Court on Friday slammed the state police over its handling of the agitation by Patel community members seeking reservation benefits, saying they transgressed the law by committing atrocities on people and told the government that restoration of peace should be on high priority.
Karnataka High Court
No Party flag near poll stations during election day
Karnataka High Court has held that there is no illegality on the part of Election commission requiring the Bharathiya Janata Party to remove the party flags from their State Head Quarters, which is near to polling booth, for two days in connection with BBMP polls
Gun enthusiast freed
Karnataka High Court has let off a US citizen, quashing a criminal case registered against him after he was caught carrying a bullet in his hand bag when he was leaving for the U.S. on April 23, this year. he court further held that the continuance of the criminal proceeding against the petitioner would be an abuse of process of law.
Kerala High Court
Cleaning works not hazardous
The High Court of Kerala in a recent judgment, quashed criminal proceedings against a Hotelier for allegedly employing a 17 year old as a cleaner in his hotel. Justice P. Ubaid, who heard the revision petition filed by the hotelier, said in his 2 page judgment “Cleaning works in a hotel or cleaning plates in a hotel will not amount to hazardous job as meant under Section 26 of the Juvenile Justice Act.”
Madhya Pradesh High Court
Full Bench of Madhya Pradesh High Court in Jonathan Allen Vs Zoom Developers Private Limited held that unpaid wages/salary of the workman/employee is a “debt” to be paid by the Company. Bench comprising of the Chief Justice A.M. Khanwilkar, Justices ShantanuKemkar and J.K.Maheshwari held that the employee of the Company has locus to file Company Petition in respect of his unpaid wages/salary and emoluments, as having been filed by a creditor of the Company.
Tripura High Court
Tripura High Court, in suo motu Writ petition, reprimanded the State Police officials who arrested a Judicial Officer accused of drunken, rash and negligent driving, for violating the procedures to be followed before such arrests. A division bench comprising of Chief Justice Deepak Gupta and Justice S.C. Das held that the police officers have violated the law laid down by the Apex Court in Delhi Judicial Service Association, Tis Hazari Court, Delhi Vs. State of Gujarat AIR 1991 SC 2176 which had said that Judicial officer shall not be arrested for any offence before intimating the District Judge or the High Court.
The Tripura High Court held that if the seats for any particular reserved category are not filled up due to non-availability of sufficient number of eligible candidates in that particular category, it should not be filled up by applying the exchange method and offering those seats to the other reserved category, but instead by treating the seats to be unreserved seats and then filled up on the basis of merit.