High Courts Weekly Round-Up

Allahabad High CourtThe Allahabad High Court quashed the demotion of two professors of Lucknow’s Integral University while criticising its Vice-Chancellor for throwing the principles of natural justice to winds.Bombay High CourtThe Bombay High Court recently refused to grant any relief to a final year law student from Govind Ramnath Kare College of Law with low attendance. A bench of Justice NM Jamdar and Justice Prithviraj K Chavan was hearing the writ petition filed by the student himself.Nagpur Bench of the High Court recently dismissed an appeal filed by a rape convict, upholding the lower Court’s decision to reject attempts to tarnish the rape survivor’s character.The High Court on Monday questioned the shutdown of Debt Recovery Tribunal (DRT) following a fire in the said building premises over a month ago and expressed surprise at this development. Is the Finance Ministry sleeping, asked Justice Abhay Oka.The High Court recently allowed a criminal appeal filed by a married woman and granted her protection from arrest in a case filed by her lesbian partner (complainant) for offences under Sections 354, 504, 506, 509 of the Indian Penal Code and under Sections 66(E) and 67 of the Information and Technology Act as well as under Sections 3(1)(r)(s)(w)(i)(ii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.The High Court refused relief to a medical student who filed a petition seeking writ of mandamus to the State of Maharashtra allowing the petitioner to be transferred to a medical college of his choice in Mumbai and not the one he had already been allotted in Mumbai.The High Court held that a convict confined to open prison can be released on furlough by the sanctioning authority by doing away with the requirement of execution of bond by the relatives of the convict.The High Court on Thursday dismissed plea of Advocate Mathews J Nedumpara seeking compensation of Re 1 from Justice SJ Kathawalla for making some prejudicial and defamatory observations about him in an order disposing a case, in which he had appeared for a party.The High Court recently made some sharp observations while hearing a case of medical negligence wherein a doctor couple, Deepa and Sanjeev Pawaskar were booked under Section 304 (culpable homicide not amounting to murder) of the Code of Criminal Procedure, after a woman died within a few days of being discharged from their hospital.Calcutta High CourtCalcutta High Court reduces sentence of rape accused as he married the victim. ‘The fact that the prosecutrix and the appellant are married (to each other) and have settled in life with their children appears to be “adequate and special reason” for imposing lesser sentence’, the court held.Chhattisgarh High CourtThe Chhattisgarh High Court in Post Master vs. Rajesh Nag held that post office is not liable to pay damages for delay in delivery of speed post, postal articles in light of Section 6 of the Indian Post Office Act, 1898.Delhi High CourtApplying the legal principle that a suit for recovery of possession was not maintainable at the instance of a co-owner alone when other co-owners object to it, the Delhi High Court has dismissed an appeal filed against dismissal of suit.The High Court on Friday upheld the disqualification of Rocky Tuseed’s candidature by the varsity, a month before his tenure as the Delhi University Students Union (DUSU) President ends.The High Court issued notice to the Centre and the Election Commission of India on a PIL pleading that Section 77 of the Representation of People Act, 1951, be struck down as it distinguishes arbitrarily between a person contesting from a political party and an Independent when it comes to expenditure on campaigning.Former Union Finance Minister P Chidambaram was on Wednesday granted interim protection by the High Court from arrest in the INX media money laundering case registered by the Enforcement Directorate.Justice Valmiki J Mehta recently observed that the facts of a property dispute case between a mother and her son is ‘is nothing else but a copy of the Movie ‘102 Not Out’. The Delhi High Court, dismissing an appeal filed by a son against his mother in a property dispute matter, observed that it is a classic case of aged parent/mother being harassed by her children for properties.Gujarat High CourtThe Gujarat High Court said candidates qualified for recruitment to post of Additional Public Prosecutors, Class II, have no enforceable right to be recommended for appointment since the state government is the authority to determine the number of vacancies while also considering the fact that the number of vacancies had come down after the high court had surrendered 275 ad-hoc posts in the cadre of Civil Judge created under the Swarnim Gujarat Scheme.Jammu and Kashmir High CourtThe Jammu and Kashmir High Court directed owners of multiplexes/cinema halls of the state not to prohibit cinemagoers from carrying their own food articles and water inside the ...

High Courts Weekly Round-Up

Ashok Kini

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