High Courts Weekly Round-Up
Bombay High Court
The Bombay High Court recently dismissed a criminal appeal filed by the State of Maharashtra against a judgment of the Additional Sessions judge in Sangli acquitting one Vijay Shinde and his parents who were booked under Sections 498A (cruelty) and 306 (abetment of suicide) of the Indian Penal Code.
The High Court upheld the vires of Section 394 of the Mumbai Municipal Corporation Act of 1888 and ruled that a license under the provision is mandatory in order to carry on a catering business.
The High Court recently upheld the conviction of a man for sexually assaulting a ten-year-old girl in Pune, observing that it is highly unlikely for a mother to file a false case of sexual assault involving her daughter in the “Indian setting”.
On Wednesday the High Court questioned the state government in light of an affidavit filed by the Deputy Secretary, Home Department in a PIL filed by Jainendra Baxi challenging the rule imposed by multiplexes on moviegoers of not carrying any outside food, thereby, forcing them to buy food from private vendors at exorbitant prices.
The High Court recently directed the Municipal Corporation of Greater Mumbai (BMC) to restore the 100-year-old Khajuria Lake which is a natural lake that was filled by the corporation and a municipal garden was built over it.
The High Court held that provisions of the Real Estate (Regulation and Development) Act, would apply in case of agreements styled as ‘Agreement to Lease’ when the lease period is long (say 999 years) and when the ‘lessee’ has paid a substantial amount as consideration.
Delhi High Court
The Delhi High Court last week awarded compensation of Rs. 10 lakh with interest of Rs 2.47 lakh as an additional sum to the mother of an 11-year-old boy who died during a school picnic after falling into an uncovered rainwater harvesting pit at the Millennium Park in Southeast Delhi.
The High Court on Monday refused to hold a hospital and its doctors guilty of medical negligence merely on the allegation that the sterilization operation performed on a woman was unsuccessful.
In an unprecedented order, on Tuesday, the High Court directed the Central Bureau of Investigation (CBI) to look into the irregularities noticed by it in certain DNA reports prepared by Forensic Science Laboratory, Delhi.
The High Court gave its nod for constitution of a committee of seven expert members for suggesting preventive measures to control incidents of rape (especially of minor girls) based on scientific principles and data and to come out with reformative steps in the field of sentencing, especially for young persons convicted for the offence of rape.
Society seldom survives if they feel that offenders and sinners are beyond redemption, the High Court bench remarked while directing the authorities to consider granting furlough to a 65-year-old man furlough without being treated as a “habitual offender”.
Delhi High Court on Tuesday jailed a litigant for lying under oath. The Court held that in case of perjury, court can invoke its contempt jurisdiction
On Wednesday, the High Court decriminalised begging in the national capital, striking down several provisions of the Bombay Prevention of Begging Act as unconstitutional.
Questioning how marriage can have an adverse impact on a person’s ability to become an officer in the Judge Advocate General department of the Indian Army, the High Court on Friday asked the Centre to file a comprehensive affidavit in response to a petition alleging institutionalised discrimination against married women from entering JAG department.
The High Court dismissed a petition which had sought cancellation of registration of Communist Party of India (Marxist) (CPI(M)). The bench comprising the then Acting Chief Justice Gita Mittal and Justice Harishankar observed that the writ-petitioner had failed to disclose his engagement and political interest in the matter, and was guilty of suppression of material facts.
Gujarat High Court
Quashing the order of punishment of imprisonment as well as dismissal from service imposed on Coastguard personnel, the Gujarat High Court observed that Army personnel like others are entitled to preservation of their reputation as also his livelihood and protection from oppression.
Kerala High Court
While rejecting anticipatory bail to a man who posted a comment on Facebook post, insulting members of Islamic community and the prophet, the Kerala High Court observed that the fundamental right to freedom of speech and expression in a secular state is not an absolute licence to injure and hurt the religious feelings and faiths and beliefs of fellow citizens.
While dealing with writ petitions concerning fee hike in a private school, the High Court of Kerala lamented that there was no statutory mechanism in place to address grievances regarding fee hike in private schools.
The High Court held that a dissolution deed, that merely allocates items of immovable properties to a partner proportionate to his share in the assets of the firm, does not confer title in the properties to partner, enabling him to seek mutation of property.
Madhya Pradesh High Court
Affirming the death sentence awarded to a youth accused of raping a four-year-old girl, the Madhya Pradesh High Court observed that it has the social responsibility to make the citizen of this country know that law cannot come to the rescue of such persons on the basis of humanity.
Madras High Court
The Madras High Court set aside the disqualification of directors of private companies for failure to file annual returns/ financial statement for three consecutive years saying the same the disqualification was disproportionate to the lapse as the default.
The High Court allowed ex-CM and DMK leader Karunanidhi to be interred near Anna Memorial at Marina Beach, after a special hearing session.
Holding that the constitution of Appellate Tribunal under the GST Act is prima facie contrary to the decision of the Supreme Court that the technical members on a Tribunal shall never exceed the judicial member, the High Court issued notice to the Centre, the Tamil Nadu government and the Goods and Service Tax Council and also the Attorney General of India.
Manipur High Court
The Manipur High Court recently directed the state to implement the provisions of the Prevention of Cruelty to Animal Act and the Rules made thereunder, in letter and spirit.
Punjab & Haryana High Court
The Punjab and Haryana High Court on Tuesday set aside a government notification fixing income criteria for allotting quota seats to candidates from the backward class category.
The High Court recently directed the police to investigate “illegal marriages” being solemnised by fake institutions, and register FIRs against them if needed, to “send a meaningful message in the society”.
Telangana & Andhra Pradesh High Court
The High Court of Telangana & Andhra Pradesh held that pendency of appeal against acquittal before an appellate court, including a high court, is ground enough for Passport officer to refuse passport.
Uttarakhand High Court
The Uttarakhand High Court on Wednesday imposed Rs. 2 lakhs as costs on a litigant who made false averments in an affidavit filed by him in the Court.
The High Court recently refused to come to the rescue of an HIV positive Assistant Sub Inspector in matters of promotion, noting that he did not satisfy the fitness criteria and hence, was not being discriminated against