High Courts Weekly Round-Up

Bombay High CourtThe Bombay High Court held that it is the duty of the state to provide free medical assistance to any inmate or prisoner. A division bench of Acting Chief Justice VK Tahilramani and Justice MS Sonak disposed off the petition for parole filed by one Ajaysingh Dahiya and held that the prison authorities and the state will continue to provide necessary medicines, injection and treatment to the petitioner free of cost and if found necessary, the petitioner will be admitted in the hospital.The High Court recently upheld a provision denying furlough to rape convicts, asserting that “kindness to the convicts does not result in cruelty to the society”The High Court on Wednesday dismissed Islamic Research Foundation (IRF) founder Zakir Naik’s petition challenging revocation of his passport and also seeking a ‘stay on arrest of the petitioner’The High Court held that certificate of purchase cannot be conclusive proof of title vis-à-vis joint tenants of a land.The High Court held that installing CCTV cameras outside somebody’s flat or residence without their consent in order to monitor their daily movement is an invasion of privacy.Calcutta High CourtThe Calcutta High Court held that supervisory jurisdiction is not vested with the Wakf Tribunal, and it cannot assume jurisdiction to pass any direction upon the Board of Wakf to dispose of any pending application before it. The High Court observed that communication by an advocate about a court order is as good as production of certified copy of the order in question, unless strongly rebutted.The High Court observed that wrong advice of advocate can be considered as sufficient ground to condone the delay in filing the written statement.Karnataka High CourtThe Karnataka High Court acquitted a murder-case-accused autorickshaw driver who was sentenced to death penalty by the trial court.The High Court observed that it is not necessary that the offending vehicle must have always exceeded its speed limit or over speeded to constitute ‘rash and negligent’ driving.Kerala High CourtOrdering a girl to be released from Mahila Mandiram, the Kerala High Court held that a victim/juvenile cannot be stationed in a Children’s Home or in any other such shelter on the ground that there is the possibility of access of the accused to the victim.In Canara Bank v. Stephen John, the High Court held that the Chief Judicial Magistrate exercising power under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 has no jurisdiction to grant time for payment of the debt due to the secured creditor.In a case involving a prominent scam in Kerala, wherein case files have gone missing, the High Court of Kerala ordered an inquiry to be conducted by the Registrar (Vigilance) of the court.Dismissing the plea of a 77-year-old husband, the Kerala High Court observed that DNA test cannot be used as a shortcut to establish infidelity that might have occurred decades ago.The High Court, in Dr. Abdul Rasheed v. State of Kerala, held that a registering authority cannot impound insufficiently-stamped instruments/documents presented only for registration....The High Court struck down Section 3(1A) of the Kerala Surcharge on Taxes Act, 1957 (“Act”) for being discriminatory and violative of Articles 301 and 14 of the Constitution. The section levied surcharge of 10 percent on retail chains importing more than 50 percent of the stock from other states and fulfilling other conditions as prescribed under Section 3(1A). The judgment was delivered by Justice PB Suresh Kumar in a batch of writ petitions.The High Court recently refused to categorize a magazine cover with a woman breastfeeding her baby as obscene, noting that “shocking one’s morals” is an “elusive concept”, and that “one man’s vulgarity is another man’s lyric”The High Court lamented the disregard of parents’ wishes by children once they attain majority, especially when it comes to marriage, observing that “we as a society err in confusing maturity with majority”Madhya Pradesh High CourtWhile dismissing an election petition against a BJP MLA, the Madhya Pradesh High Court observed that mere criticism of a judgment of the high court in public speech will not tantamount to corrupt practice as defined under Section 123 of the Representation of People Act.The High Court held that criminal proceedings for abetment of suicide cannot be initiated against a teacher if a student committed suicide on feeling humiliated by punishment.Madras High CourtThe Madras High Court held that the Employees Provident Fund Act is a welfare statute and courts have to be cautious that the quasi-judicial functions of the authorities concerned are not hampered or else it will cause undue delay in implementing such welfare schemes in favour of the employees....The High Court set aside the appointment of Dr PP Chellathurai as Vice-Chancellor of Madurai Kamaraj University. A division bench of Chief Justice...

High Courts Weekly Round-Up

Ashok KM

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