High Courts Weekly Round-Up
Bombay High Court
The Bombay High Court recently suggested that courts can opt for “modern ways of service”, while ordering substituted service of summons.
In a significant judgment, for the first time since Independence, the Bombay High Court held that the Gowari community cannot be denied benefits of a Scheduled Tribe status and granted them independent status.
Awarding a compensation of Rs 5 lakh to the dependants of a labourer who died due to custodial torture, the High Court ordered that the four policemen involved in the incident be booked for committing murder with common intention while also registering a suo motu contempt proceedings against one of them for violating the mandatory directions given by the Supreme Court in DK Basu vs State of West Bengal with regard to all types of arrests and detentions.
Calcutta High Court
The Calcutta High Court last week highlighted the importance of witness signatures on the arrest memo while detaining a person under the Narcotic Drugs and Psychotropic Substances (NDPS) Act.
Delhi High Court
Prima facie rights under Article 14 and 19 of the Constitution of India which is guaranteed to the Citizen of India also appear to be extended to an OCI (Overseas Citizen of India) card holder, the Delhi High Court said.
The Delhi High Court issued notice to the Centre, Jamia Millia Islamia University, its Vice-Chancellor and other office bearers on a petition seeking initiation of proceedings against them for criminal contempt of courts for allegedly fabricating a Delhi High Court order to reinstate a professor removed on charges of plagiarism.
The High Court granted ad-interim ex parte injunction against one Meera Kumar, an ex-employee of Divya Pharmacy, a subsidiary of Patanjali Ayurved Ltd, and directed other three respondents Facebook, Google and YouTube to pull down some of her videos.
Himachal Pradesh High Court
The Himachal Pradesh High Court, on the eve of Independence Day, pronounced a landmark judgment quashing a ‘gender discriminatory’ decades-long policy of the state government of depriving the benefit of reservation in government jobs to the wards of freedom fighters to married daughters/grand-daughters.
Karnataka High Court
The Karnataka High Court quashed the decision taken by the state government in the year 2008 to hand over Gokarna Temple to Ramachandrapura Mutt holding that the same was not for a bona fide purpose but to confer a benefit on the mutt.
Kerala High Court
The Kerala High Court observed that ridiculing the husband before his close friends, relatives and colleagues and challenging his dignity amounts to cruelty. The division bench of Justice AM Shaffique and Justice P. Somarajan (in VV Prabhakaran vs. T. Chandramathi) granted a divorce to a 70-year-old man by setting aside a family court order that had refused his plea.
The High Court ruled that offences of traffic violation cannot be prosecuted at the instance of any private party.
The High Court held that technical glitches in uploading Part B of E-Way Bill cannot be a ground for setting aside penalty and detention under the CGST Act.
Madras High Court
The Madras High Court recently dismissed Traffic Ramaswamy’s plea seeking President’s Rule in the state of Tamil nadu. Traffic KR Ramaswamy, in his public interest litigation, had raised many issues, including the Tuticurin firing in anti-Sterlite protests.
Punjab & Haryana High Court
The Punjab and Haryana High Court recently reiterated the timelines prescribed for grant of parole to offenders. Justice Rakesh Kumar Jain noted that even though a timeline had been laid down for disposal of pending parole and furlough applications, it was not being followed.
Telengana and Andhra Pradesh High Court
The Telangana and Andhra Pradesh High Court recently rejected a plea seeking the appointment of women ministers in Telangana, observing that there is no constitutional compulsion as to inclusion or exclusion of any particular community of citizens in the Council of Ministers.
Uttarakhand High Court
The Uttarakhand High Court on Tuesday issued guidelines to be observed by the Centre and the State for humane treatment of poultry animals. The Bench comprising Justice Rajiv Sharma and Justice Manoj Kr. Tiwari further directed the Centre to consider framing the Prevention of Cruelty to Animals (Egg Laying Hens) Rules well as the Prevention of Cruelty to Animals (Broiler Chicken) Rules, on the basis of the recommendations made by the Law Commission of India (LCI) in its 269th report within six months.
On Friday, the High Court issued a slew of directions for the welfare of cows and other stray cattle in the State. The directions were issued by a Bench comprising Justice Rajiv Sharma and Justice Manoj Kumar Tiwari, on a petition filed by one Alim, alleging illegal slaughter of cows and other animals in his area.
Concerned over the menace of drug peddling, drug addiction and other drugs trafficking issues spreading in Uttarakhand and its school, colleges and universities, the High Court has, on the lines of Delhi High Court, declared fluids/thinners and vulcanized solutions/sulochans as “intoxicating liquor” and banned their sale throughout the state while directing constitution of narcotics squad in every district to keep an eye on drug trafficking, anti-drugs clubs in education institutions, besides a series of other directions.