High Courts Weekly Round-Up

Allahabad High CourtThe Allahabad High Court recently dropped the contempt proceedings initiated against a district magistrate (DM) at the instance of a litigant. The Bench comprising Justice Ramesh Sinha and Justice Dinesh Kumar Singh-I opined that the complaint against District Magistrate Suhas LY had been made by the litigant in order to coerce him into giving a favourable judgment.Bombay High CourtBombay High Court rejected Maharashtra Government’s petition against lower court order directing release of buffaloes grazing in prohibited area. Justice AS Gadkari was hearing a petition filed by the State against an order passed by the Additional Sessions Judge, Kolhapur, wherein an order passed by the Deputy Conservator of Forest, Islampur, directing confiscation of five buffaloes was set aside.A single bench of the Bombay High Court referred a significant question of law to be considered by a larger bench. The question is: Whether Court can grant ad-interim relief when an arbitration agreement is unstamped or insufficiently stamped?Calcutta High CourtThe Calcutta High Court on Thursday allowed an appeal filed by a man convicted of rape by establishing sexual relations with a woman on false promise of marriage. Justice Rajasekhar Mantha opined that the promise of marriage made by the appellant wasn’t proven to be false as the plans for the couple’s marriage were essentially thwarted by the appellant’s father who refused to give his permission for the same.Delhi High CourtThe Delhi High Court expressed “surprise” over the Debts Recovery Appellate Tribunal (DRAT) exercising suo motu powers in public interest despite clear pronouncements of the Supreme Court that it has no such inherent power. A bench of Chief Justice Rajendra Menon and Justice V Kameswar Rao reiterated that the DRAT does not have any inherent power to take suo motu action in public interest.The High Court on Monday banned slaughtering of birds in the Ghazipur murga mandi. Only selling of live birds will be permitted in the area, the court said in its interim order.The High Court upheld the MCI’s amended regulation mandating those desirous of studying abroad to appear in and qualify NEET.On Friday, the High Court set aside an interim order restraining investigative journalism house Cobrapost from releasing any materials of its documentary titled ‘Operation 136: Part II’. The documentary had claimed to expose owners and high-ranking personnel of more than two dozen media houses, alleging that they had agreed to run paid media campaigns.In an important decision, the High Court held that anti-dumping duty on imported goods, in case “negative findings” are recorded by the designated authority of the Central government, then the findings can be appealed against under Section 9C of the Customs Tariff (CT) Act before the Customs Excise and Service Tax Appellate Tribunal (CESAT).Madras High CourtThe Madras High Court held that there would be no disqualification in inheriting the property, when a murder accused though convicted by the trial court gets clearly acquitted by the high court....Uttarakhand High CourtFive days after a three-and-a-half-year-old girl was sexually assaulted in her school van by the driver and conductor in Haldwani, the Uttarakhand High Court directed the police to register FIR against the school administration within 48 hours and have directed all schools in the state to install GPS in their vehicles and CCTVs every corner of their school, keep parents informed about their wards via SMS failing which their affiliation would be cancelled.The High Court on Thursday directed implementation of ban on pornographic websites, warning suspension of licenses of Internet Service License Holders if the ban is not complied with.The High Court on Friday issued a slew of directions for welfare of transgender persons in the State. Among other things, the Bench comprising Acting Chief Justice Rajiv Sharma and Justice Manoj Kumar Tiwari directed the State to formulate a scheme within six months to provide reservation in admission in educational institutions and for public appointments to transgenders.

High Courts Weekly Round-Up

Ashok Kini

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