High Courts Weekly Round-Up
Meat ban not suitable for modern cities
Changing its stance on the issue, the Brihanmumbai Municipal Corporation (BMC) yesterday informed the Bombay High Court that it was withdrawing its decision to impose a ban on slaughter of animals and sale of meat on September 13 and 18.
Justice Mohit Shah retires
Justice Mohit Shah retired this Wednesday as the Chief Justice of Bombay High Court. During his tenure of five years, Justice Shah took suo-motucognizance of various social issues in Maharashtra, including condition of roads, of shelter homes, and providing education and other facilities to students with learning disabilities.
Marriage of minors not void
LucknowBench of Allahabad High Court recently in a Habeas Corpus petition, allowed a minor girl to live with her husband. A division bench comprising of Justices AjaiLamba and Ashok Pal Singh held that even if a girl is a minor, her marriage cannot be said to be void. The Court also held that liberty of the girl, even if she is a minor, cannot be curtailed without any legal cause.
Detained persons has right to approach High Court
Full Bench of the Andhra Pradesh High Court has reiterated the principle that a person in detention under any enactment authorizing preventive detention or is in illegal detention of any private individual has a right to approach the High Court under Article 226 of the Constitution of India in a Habeas Corpus petition.
Section 142 amendment retrospective
The Chattisgarh High Court held that Amendment of section 142 of Negotiable Instruments Act, 1881, has retrospective effect. Justice GoutamBhaduri said that it is an amendment of procedural law and not substantive law and hence it will have a retrospective effect.
Appointment of PP challenged
A Petition has reportedly been filed in the Gujarat High Court, challenging the appointment Raghuvir Pandya as a Public Prosecutor. Mr. Pandya had drawn flak for his role as a Government Pleader in the Best Bakery case.
Special preference to NRI Gujarati students quashed
A Division Bench of the Gujarat High Court on Monday quashed the State Rules which made provision for giving preference to Non-resident Gujarati students under NRI quota in medical colleges. The Bench, comprising Acting Chief Justice Jayant Patel and Justice N.V. Anjaria was examining a challenge to Rule 7(1)(C)(4) of the Gujarat Professional Medical Educational Courses (Regulation of Admission and Payment of Fees) (Amendment) Rules, 2015. It observed that all NRIs should be treated at par, irrespective of their being domicile holders of Gujarat.
Women can also become bartenders
The Kerala High Court has held that the rule prohibiting women from working as Bartenders is unconstitutional. Justice DamaSeshadri Naidu, allowed the writ petition moved by women who were working as waitresses/restaurant assistants in a bar attached to a hotel in Trivandrum saying that they faced the threat of termination from their employment with the introduction of a new Rule governing the Bars attached to hotels.
Congress leader conviction upheld
Tripura High Court on Monday, dismissed the appeal filed by Congress legislator of Tripura, Birajit Sinha, against his convicted by the Trial Court for offence committed under Arms Act. A division bench comprising of Chief Justice Deepak Gupta and Justice S Talapatra held that, under the Arms Act, a licensee could not carry more than 12 rounds at any given time and Mr.Sinha was, admittedly having 17 with him. However, the High Court also dismissed the appeal filed by State seeking enhancement of punishment.