High Courts Weekly Round-Up

Allahabad High CourtHaving repeatedly summoned doctors to decipher unreadable medico legal reports in many cases, the Lucknow Bench of the Allahabad High Court directed submission of computerised reports along with original handwritten ones for facilitating the courts of law.The High Court ordered a CBI inquiry into the death of a 29-year-old woman, who was allegedly beaten and tortured by her in-laws for dowry. The Bench comprising Justice Bala Krishna Narayana and Justice Ravindra Nath Kakkar has directed the central agency to file the report in the case within two months.The High Court recently directed the Industrial Development Bank Of India (IDBI) to consider the representation by an alleged “wilful defaulter” before taking any “drastic steps” against him. The Bench comprising Justice B.Amit Sthalekar and Justice Rajiv Joshi ordered the bank to consider the representation by Mr. Sanjiv Aggarwal within a month, and also allow him an opportunity of personal hearing and filing of any documents. Bombay High CourtThe Bombay High Court on Friday refused to stay the construction of the proposed Chhatrapati Shivaji Maharaj Memorial observing that the project is a policy decision taken by the state.The High Court read down the provisions of section 52A of the Maharashtra Regional and Town Planning Act, 1966 and struck down Rules 4 (partly), 5 and 7 of the Compounded Structures Rules holding that they offend Articles 14 and 21 of the Constitution of India.The High Court restrained the University of Mumbai from introducing ‘Choice Based Credit System’ in LL.B Course ( both 3 year & 5 year course) in the academic year 2018-19. The University has been directed to conduct exam as per the existing system.The High Court recently revoked and recalled an ex-parte order of the high court granting probate to one Savita Patil, sister of Deepak Patil who passed away on May 26, 2011. According to Savita, she was the executor of the will wherein Pooja, the deceased’s daughter, was the sole heir.In an important decision, the Bombay High Court held that medical clinics, nursing homes, hospitals and dispensaries that employ 10 or more persons will come under the purview of the newly amended Maharashtra Shops and Establishments Act, 2017.The Bombay High Court recently upheld a lower court order that allowed an application filed by a father under Section 21 of the Domestic Violence Act, granting him visitation rights to his child.In a recent judgment, the High Court ordered a fresh trial in a matter regarding the acquittal of an accused under Sections 279 (rash driving), 337 (causing hurt by act endangering life or personal safety of others) and Section 304-A (causing death by negligence) of the Indian Penal Code.The High Court recently dismissed a petition demanding a direction to the State Government to frame a policy document outlining the rules for allotting permanent accommodation to the Judicial Officers who have put in 15 years of service.The High Court on Tuesday constituted an ad-hoc committee to look after day-to-day functioning of the Mumbai Cricket Association. The committee comprises of Professor Dr. Umesh Khanwilkar, Mr. Navin Shetty, Mr. Shahalam Shaikh, Mr. Ganesh Iyer, and CEO Mr.C.S.Naik. Dr. Khanvilkar and Mr. Naik have been appointed as the authorised signatories to operate the bank account of the association jointly.The High Court upheld the validity of the Maharashtra Tax on Lotteries Act, 2006 and held that lottery comes under the purview of betting and gambling. The division bench of Justice SC Dharmadhikari and Justice BH Dangre ruled that the state is empowered to levy tax on betting and gambling. Also, that the state government is empowered to prohibit or restrict within its state the sale of lottery tickets of any other state.The Bombay High Court held that calling a husband ‘impotent’ in pleadings can amount to ‘defamation’. Calcutta High CourtThe Calcutta High Court stayed the notice cancelling online courses offered by the West Bengal National University of Juridical Sciences in collaboration with private parties, for students who had enrolled themselves before June 27, 2018.The vacation bench presided by Justice Protik Prakash Banerjee of Calcutta High Court encountered a curious petition filed by a police officer accused of corruption, who was earlier denied anticipatory bail by a division bench of the high court. The High Court stayed the criminal proceedings against police constable for 8 weeks to enable him file writ petition in sc without fear of arrestChhattisgarh High CourtActing promptly on a case involving a student’s career, the Chhattisgarh High Court recently admitted, heard and disposed of a case within a day. The case was heard by Justice Prashant Kumar Mishra, who was quick to rule in favour of the petitioner, Amit Saha.Delhi High CourtThe Delhi High Court directed Rattan India Nasik Power Ltd, formerly called Indiabulls Power, to give at least 10-day notice to Bharat Heavy...

High Courts Weekly Round-Up

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