High Courts Weekly Round-Up

High Courts Weekly Round-Up

Bombay High Court

The 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 Court

The 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 Court

The 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 Court

The 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 Court

Precisely 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 Court

The 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 accusations of having committed offences under Section 354(A)(3) of the IPC, Section 67A of the Information Technology Act, 2000 and under Section 120 of the Kerala Police Act, 2011.

Madhya Pradesh High Court

The Madhya Pradesh High Court directed the State Government to have the bungalows allotted to former Chief Ministers vacated within a month.

The High Court held that, to invoke public interest writ jurisdiction, simple self-serving statement that the PIL-petitioners are social workers will not suffice, but they should produce on record to the satisfaction of the court of the court such social work in the last couple of years is in the area in respect of which the public interest writ petition is filed.

Madras High Court

The Madras High Court recently granted 10 days’ parole to a murder case accused to the naming ceremony of his baby. A bench of Justice S Vimala and Justice S Ramathilagam observed that it is a natural expectation of any wife that her husband should come and see the child.

Last week, the High court directed aspiring medical students to produce their Aadhaar cards and photocopies of the same at the time of counselling, in a bid to counter forged nativity certificates....

Quashing criminal proceedings against a Dravida Munnetra Kazhagam (DMK) member who allegedly made defamatory statements against former Chief Minister of Tamil Nadu, the late J Jayalalithaa, the Madras High Court observed that for the statements which do not in any way pertain to the public function discharged by the former Chief Minister, the office of the Public Prosecutor cannot be used to file the private complaints.

In a landmark judgment, the Madurai bench of the High Court ordered the creation of an ‘ Environment Fund ’ which can be considered for payment of costs being imposed in various matters and the amount so collected will then be used for plantation, cleaning of water bodies etc.

Patna High Court

Coming to the rescue of a 24-year-old law graduate who had been illegally confined by her District Judge father, the Patna High Court on Tuesday ordered her alma mater, Chanakya National Law University (CNLU) Patna to make arrangements for her stay at their guest house for a period of 15 days.

Punjab and Haryana High Court

The Punjab and Haryana High Court recently directed a US based NRI to depose in a Punjab court through video chat feature of apps such as WhatsApp or Skype. The order was passed by a Single Judge bench comprising Justice Kuldip Singh.

Sikkim High Court

The Sikkim High Court, while disposing of an application seeking to condone delay of mere six days, observed that no provision has been made in the Limitation Act for computing limitation for the carelessness of the counsel..

Uttarakhand High Court

The Uttarakhand High Court recently slammed the state government for its decision to convert any Nazul land under encroachment or illegal occupation to freehold.

The High Court silenced the blaring of the loudspeakers or public address system in the state by announcing that any person, including religious bodies in temples, mosques and gurdwaras, cannot use them without a written undertaking that the noise level will not exceed 5 decibel (dB) peripheral noise level.