High Courts Weekly Round-Up

Bombay High CourtThe Bombay High Court rejected an application filed by an accused under Section 354 A of the Indian Penal Code and Section 8 of the Protection of Children from Sexual Offences (POCSO) Act.While directing the Reserve Bank of India to consider the compounding applications filed by New Delhi Television (NDTV), the High Court observed that those in power and opposition should not act in a manner which gives the public at large an impression that vital institutions like RBI and Enforcement Directorate (ED) are but puppets in the hands of politicians.The High Court held that a co-operative housing society cannot be said to be an ‘industry’ within the meaning of Section 2(j) of the Industrial Disputes Act.The High Court recently permitted a US national to adopt a 12-year-old autistic boy and directed the passport office to complete the travel document formalities at his residence, noting that he may have difficulty in travelling and waiting for the same at the Passport Office.The High Court on Friday granted interim relief to a group of 25 taxpayers who had filed a petition challenging the insistence of the Revenue Department to link their PAN card with their Aadhaar card in order to file tax returns.Calcutta High CourtThe Calcutta High Court on Monday directed the State to pay compensation to a child trafficking survivor, rejecting the State’s assertion that she was not entitled to the same because the twin conditions of the accused not having been identified and the trial not having commenced were not satisfied in the case at hand.Chhattisgarh High CourtThe Chhattisgarh High Court, in KK Distributers vs. State of Chhattisgarh, held that the Lok Adalat cannot adjudicate a lis on merit except by way of settlement. Delhi High CourtThe Delhi High Court recently upheld the conviction and sentence awarded to a child rapist, asserting that “child rape is inexcusable” and that “no leniency or mercy can be shown” to the convict.The High Court on Monday stayed till 4 July the cutting down of around 20,000 trees for redevelopment of six south Delhi colonies by the National Buildings Construction Corporation (NBCC) and the Central Public Works Department (CPWD).On Friday, the High Court parole to former MP and Indian National Lok Dal (INLD) leader Ajay Singh Chautala, who is in Tihar jail serving 10-year jail term in the Junior Basic Teachers (JBT) recruitment scam, to enable him to appear in a PG Diploma exam in Sirsa, Haryana.Jharkhand High CourtPrecisely a year after the unfortunate Ramgarh lynching incident of 2017, the Jharkhand High Court on Friday suspended the life sentence awarded to 8 convicts including BJP leader Nityananda Mahto in the Case.Kerala High CourtThe Kerala High Court held in Shabeer Ahammed v Sivadasan VP that a government employee can withdraw the resignation tendered by him before its ‘effective’ acceptance by appropriate authorities as per concerned rules.The High Court recently dismissed a plea challenging constitutionality of Section 19(1)(b) of the Protection of Women from Domestic Violence Act 2005.In Thomas Cherian v Kurian Mathew, the High Court held that suit instituted as against private persons cannot be dismissed under Section 80 of the Code of Civil Procedure (CPC) even if the cause of action against such persons and the person who would come under the purview of Section 80 CPC is one and the same.Taking note of the recurring instances where quarry and crusher operators obtained ‘deemed license’ for their activities due to failure of panchayats/municipalities concerned to appear and contest cases in the High Court, the court ordered the Secretary of Local Self Government Department to inquire into such cases of deemed licenses.The High Court clarified that an order adjudicating a claim over a property under attachment before judgment is appealable as if it was a decree. The clarification was made by a division bench comprising Justice V Chitambaresh and Justice Narayana Pisharadi, answering a reference whether such an order could be challenged in an original petition under Article 227 of the Constitution.In Ansari v Shiji, the High Court held that when ex parte residence order is vacated, the Magistrate shall invariably direct the ‘aggrieved person’ to vacate the disputed house within a specified time to be fixed by the Magistrate and in in case of failure to comply with that direction, the Magistrate can pass such orders under Section 23 (1) of the Protection of Women from Domestic Violence Act to implement it.Dismissing plea of advocate Biju Antony Aloor, the High Court observed that any citizen is entitled as of right to approach the subordinate court concerned seeking ‘contempt’ reference to the high court.The High Court of Kerala recently observed that the platform of social media cannot be exploited to do online baiting. Justice Raja Vijayraghavan has made the observations while dismissing a plea for anticipatory bail to an accused politician who is facing...

High Courts Weekly Round-Up

Ashok Kini

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