High Courts Weekly Round-Up

Allahabad High Court

The Allahabad High Court issued interim guidelines for the management of shelter homes in the State of Uttar Pradesh. The Bench comprising Chief Justice DB Bhosale and Justice Yashwant Varma has directed all District Judges in the State to constitute monitoring committees of 3-4 members, comprising the Secretary of District Legal Services Authority (DLSA), and judicial officers.

Bombay High Court

The Bombay High Court on Monday dismissed revision applications filed by Rubabuddin Shaikh, brother of deceased Sohrabuddin Shaikh, and the Central Bureau of Investigation challenging the discharge of five police officers in the alleged fake encounter case of Sohrabuddin Shaikh, his wife Kausarbi and aide Tulsiram Prajapati.

The High Court on Friday imposed a cost of Rs 50,000 on Vibagyor Texotech for filing multiple proceedings before different forums on similar grounds, thereby, abusing the process of law. The company owes Rs 53.46 crores to the State Bank of India.

In a landmark judgment, the High Court held that a third party to an arbitration proceeding has the right to maintain an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, if they are affected by an order passed by an arbitrator under Section 17 of the said Act.

The High Court recently refused to allow a petition filed by an 18-year-old rape victim who sought medical termination of her 27-week-old foetus. The petitioner had contended that continuing the pregnancy would injure her mental health and giving birth to the child would cause a “lifelong trauma.”

The High Court recently dismissed a writ petition filed by original owners of lands acquired for the purpose of building the Chhatrapati Shivaji Maharaj International Airport and imposed a cost of Rs 10,000 on them for challenging the said acquisition on untenable grounds.

Calcutta High Court

The Calcutta High Court held that a magistrate has ample power to direct further investigation after submission of the charge sheet by the police even when cognizance has been taken on the charge sheet.

Delhi High Court

The Delhi High Court on Monday dismissed the challenge against reassessment notices issued by the Income Tax Department against Congress leaders Rahul Gandhi, Sonia Gandhi and Oscar Fernandez.

As Delhi University polls for its Students’ Union on Wednesday, the Delhi High Court asked the police to take stringent action within a week on a status report which says that the defacement of public property in the run-up to the DUSU polls have been a little less this year but the candidates have resorted to illegal hoardings in defiance of court’s order and pamphlets can be seen strewn all over the place.

On Tuesday, the High Court reiterated that denial of passport or its non-renewal without assigning reasons as listed under the Passports Act, 1967 infringes the fundamental rights guaranteed under the Constitution of India.

The High Court on Thursday said there was nothing wrong with having CCTV cameras inside classrooms and rubbished the claims that children’s right to privacy would be affected.

Concerned over a “major loophole” in the process of Aadhaar verification and linkage it came across during the hearing of a bail plea and its disastrous consequences for individuals as well as the national security, the High Court registered a suo motu PIL and sought response of the Centre, UIDAI, the Delhi Police.

The High Court affirmed the sentence of imprisonment for rest of life to Shiv Kumar Yadav, the Uber cab driver who had raped a 25-year-old executive in his cab in December 2014, while holding that he had previous involvement in rape cases and did not appear to have learnt anything from those experiences.

Gujarat High Court

The Gujarat High Court on Tuesday allowed Gujarat police’ revision application for 10 days police custody of former IPS officer Sanjiv Bhatt in the 1996 drug planting case.

The High Court banned idol immersion in river Tapi which passes through Surat and other natural rivers in the State while directing the authorities concerned to ensure that immersion of idols is prohibited not only during Ganesh Visarjan, but also on other similar festivals, including Durga Puja, Janmashtami, Moharam etc.

Jharkhand High Court

The Jharkhand High Court held that a ‘subsequent’ purchaser pendente lite, who have purchased the suit property or a part of the suit property from another purchaser/ purchaser pendente lite, has no right to equities and cannot be impleaded in a partition suit.

Kerala High Court

In a significant judgment in taxation laws, the High Court of Kerala held that assessments under the Kerala Value Added Tax Act 2003 cannot be re-opened beyond the period of limitation for re-assessment. While holding so, the Division Bench of Justice K Vinod Chandran and Justice Ashok Menon held that even a legislative amendment enhancing the period of limitation for reassessment cannot affect assessments already concluded, unless specific intent to give retrospective application is manifest from the language of the amendment.

On Thursday, a Division Bench of Chief Justice Hrishikesh Roy and Justice AK Jayasankaran Nambiar of the High Court, in Bishop Franco Case observed that arrest is a matter of discretion of police. The bench added that it was only concerned with whether investigation is going on fairly, and that it cannot compel police to carry out investigation in a particular manner.

Banks have to take recourse to legal remedies for recovery of loan arrears. They cannot carry out “halla bol” or similar demonstrations in front of the house of a borrower. This observation was made by the High Court of Kerala in a petition which challenged such ‘innovative’ methods adopted by banks.

The High Court of Kerala frowned upon the distinction made by Government between judicial officers who acquired Post Graduate qualification while in service and those who had such qualification at the time of recruitment for granting incremental benefits.

Madras High Court

The Madras High Court on Monday directed a panel of medical experts to examine as early as possible, a 9-year-old boy whose father sought permission for his passive euthanasia on the ground that the boy has been in the persistent vegetative state (PVS) since birth.

The Madras High Court dismissed a PIL challenging some regulations on installation and worship of Vinayakar idol, and its immersion in relation to Vinayaka Chathurti festival in the state.

Punjab & Haryana High Court

In an unprecedented decision, the Punjab and Haryana High Court ordered one Nishan Singh Brar, convicted of abduction and rape of a minor victim girl, and his mother Navjot Kaur to pay Rs 90 lakh towards compensation.

Uttarakhand High Court

The Uttarakhand High Court directed the State to remove all encroachments from ancient monuments and archaeological sites in the State within a period of three months.

Holding that “doctors also risk their lives while performing their duties”, the High Court on Wednesday directed the state government to pay a compensation of over Rs 1.9 crore to the wife of the doctor who was shot dead while attending to patients at the Community Health Centre in Jaspur on April 20, 2016.

The High Court on Friday directed the State to apprise the Court of the steps taken to implement the Court’s as well as the Chief Minister’s directions to “eradicate the polythene menace”.

The High Court recommended Governement to restore the provision of Anticipatory Bail while hearing a petition seeking quashing of FIR registered in Haridwar in July 2018 for the offence of cheating, criminal intimidation etc., and seeking direction to the police to not arrest the petitioner.