High Courts Weekly Round-Up

Bombay High CourtThe Bombay High Court allowed a writ petition filed by one Minna Pirhonen, a Finnish citizen, and agreed to transfer the investigation into the ‘mysterious’ death of her son Felix to the Central Bureau of Investigation (CBI).The High Court held that there needs to be a direct nexus between the cost of higher education paid by an assessee and the business activities of the assessee in order for such cost to be claimed as business expenditure under the Income Tax Act, 1961.The High Court held that even if there is a reasonable doubt in the mind of the court regarding the mental condition of an accused at the time of the crime, then the said accused is entitled to benefit under Section 84 of the Indian Penal Code.Refusing a plea seeking termination of pregnancy, the High Court held that matrimonial discord cannot be considered as a reason for permitting termination of pregnancy by invoking provisions of the Medical Termination of Pregnancy Act, 1971. Calcutta High CourtThe Calcutta High Court recently asserted that the procedure for recovery of narcotics from inside the body of the suspect should not be cruel and invasive as to fall foul of Article 21 of the Constitution of India.The High Court recently laid down guidelines for investigation and trial of offences under the Immoral Traffic (Prevention) Act, 1956. These guidelines, it asserted, need to be followed as the “standard operating procedure in the investigation and prosecution of crime involving commercial sexual exploitation of women and children.”Chhattisgarh High CourtThe Chhattisgarh High Court in Master Vatsal Khakhariya vs. State of Chhattisgarh observed that a student cannot be failed up to Class VIII for ‘any reason whatsoever it may.’In Nisar Hussain vs. State of Chhattisgarh, the High Court held that the police have no power to seal the immovable property and the word ‘seize’ used in Section 102 of the Code of Criminal Procedure (CrPC) would mean only actual taking possession of the movable property.Delhi High CourtThe Delhi High Court directed the government to compensate 26 NRI petitioners for the loss of opportunity to be tied to their motherland by owning a plot of land in Delhi.The High Court directed the AAP government to take a call within eight weeks on the plea for creating a separate department of disability affairs so that various schemes and provisions of the Rights of Persons with Disabilities Act can be effectively implemented.The High Court on Tuesday issued notice to its Registrar-General on a plea moved by two women who took the Delhi Judicial Services Examination 2017 demanding that the result of the preliminary examination be declared afresh and the Mains examination be declared afresh and the Mains examination be stayed as they alleged glaring discrepancies in the marking of their answer sheets and the manner in which the final list was issued.On Tuesday, the High Court issued notice to BJP spokesperson Tajinder Singh Bagga on a petition filed by journalist Swati Chaturvedi for quashing defamation proceedings instituted by Mr. Bagga against her.The High Court held that offence of dishonour of cheque under Section 138 of the Negotiable Instruments Act is attracted even if the cheque was issued in respect of sale consideration which was not disclosed in the sale deed. The judgment was delivered by Justice Vipin Sanghi in the case Bhawish Chand Sharma v. Bawa Singh while considering an appeal against the acquittal order passed by the trial court.In Sabina Sahdev v. Vidur Sahdev the High Court held that there cannot be an absolute rider that the entire maintenance amount, as granted by the trial court, should be deposited prior to the entertainment of the statutory remedy.Holding merit over technical grounds, the High Court opened up a closed opportunity for an aspiring medico to register for the second round of counselling for deemed universities after the due date.Disquieted by YouTube’s attempt to “set at naught” the judicial time consumed in hearing its appeal against the order of a trial court to remove a defamatory post against a Delhi-based doctor, the High Court directed it to pay Rs 50, 000 per hearing when it sought to withdraw its appeal that too after seeking adjournments on nine hearings in a matter of mere 64 days.Karnataka High CourtThe Karnataka High Court in Kaviraj S v. State of Karnataka held that a person cannot be prosecuted merely for intention or preparation to commit suicide when there was actually no attempt to commit suicide.Kerala High CourtThe High Court of Kerala dismissed the plea of anticipatory bail of four priests of Malankara Orthodox Syrian Church, alleged to be involved in a sexual abuse case. They are accused of committing offences punishable under Sections 376, 354, 354A, 506(i) of IPC by abusing their priestly position to force a married woman to return sexual favors. The court through Justice Raja Vijayaraghavan observed: “Prima facie, it appears that the applicants have ...

High Courts Weekly Round-Up

Ashok Kini

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