High Courts Weekly Round-Up

Allahabad High Court

Lucknow Bench of the Allahabad High Court on Wednesday upheld the dismissal of a judicial officer on grounds of misconduct, on the basis of two orders passed by her in land acquisition cases.

 Bombay High Court

In a significant decision that will have an impact on elections for bar associations to be held across the State of Maharashtra, the Bombay High Court directed the Thane District Courts Bar Association (TDCBA) to reschedule the elections that were scheduled to be held on December 10 and hold them in accordance with the principle of ‘One Bar One Vote.’

The High Court held that in a matrimonial dispute, even if parents of the wife are rich and affluent, the fact is irrelevant while deciding her application for interim maintenance.

The High Court on Monday reprimanded the Maharashtra government for rushing to give an advertisement for Maharashtra Public Service Commission jobs under the Maratha quota as petitions challenging the validity of the said legislation is still being heard before the high court.

The High Court recently imposed a cost of Rs. 1 lakh on the State of Maharashtra for failing to complete construction of a building at the District and Sessions Court, Sangli, for breaching their own undertakings and repeatedly missing deadlines.

The High Court on Friday granted interim stay on Central Information Commission’s order directing the RBI to submit a list of wilful defaulters with a bad loan of over Rs. 1,000 crore. The CIC had also issued a notice to then RBI Governor Urjit Patel for non-compliance of its orders on November 2, 2018.

The High Court, on Friday, discharged a woman from a case registered against her for abetment of her husband’s suicide by indulging in phone sex with his friend. Justice Mridula Bhatkar emphasised on the fact that such an act would constitute mens rea under Section 107 of the Indian Penal Code only when it was done with a planned intention of harassing the husband, by repeatedly informing him about the phone sex.

 Delhi High Court

The Delhi High Court asked the Centre whether a man suffering from a rare skin disorder can be allowed to use solar control film on his vehicle as a “special consideration”.

The High Court on Monday issued notice to Delhi Government and Hazarat Nizammudin Aulia Trust, on a Public Interest Litigation  which seeks permission for women’s entry  into the sanctum sanctorum of Hazrat Nizamuddin Dargah.

The High Court on Tuesday, sought the CBI’s response on a plea by Hyderabad-based businessman Satish Babu Sana seeking to be heard in a matter relating to the quashing of an FIR registered against Special Director Rakesh Asthana on bribery allegations.

The High Court held that LIC Premium Waiver Benefit is applicable to a policy which is revived after the death of the proposer. The judgment was delivered by Justice Vibhu Bakru.

Women should be honoured and treated with dignity at workplace, the Delhi High Court said on Wednesday, while asserting that employers should be sympathetic towards pregnant women and mothers.

On Wednesday, the High Court ruled that a Sessions Court cannot exercise revisional jurisdiction under the Juvenile Justice Act and that such power only lies with the high court.

The High Court, on Wednesday also upheld a decision passed by the Debt Recovery Appellate Tribunal (DRAT), to hold that any aggrieved person can file an appeal against the order of the Debt Recovery Tribunal (DRT) without pre-deposit.

The High Court on Friday quashed the notification issued by Central Government which prohibited the manufacture and distribution for domestic use, of the essential drug OXYTOCIN injection for human use, by private sector companies.

Providing more clarity around the interpretation of Sections 16 and 16A of the Court Fees Act in cases which have been referred to mediation by the court at pre-evidence stage and a compromise decree is incorporated, the Delhi High Court on Friday held that an interpretation of the statute inuring to the litigant’s benefit should be preferred and if a plaintiff is able to demonstrate that the case falls within the requirements of Section 16 and a settlement has been arrived at, refund of the full amount of the court-fee ought to be granted.

The High Court rejected the plea of Vodafone Mobile Services Ltd seeking direction to the IT department to expeditiously process its refund claim and issue refund of Rs 4,759.74 crore in respect of its income tax returns for assessment years 2014-15 to 2017-18 along with interest.

The High Court asked the Delhi government why was former Youth Congress leader Sushil Sharma not released from Tihar jail despite undergoing 25 years of imprisonment in the infamous murder of his wife Naina Sahni which came to be known as the ‘Tandoor murder case’.

A five judges bench of the High Court of Delhi held that the causes of action for infringement of under the Designs Act and the for passing off under the Trademarks Act can be combined together in a single suit. The five judges bench was acting on a reference which doubted the decision of a three judges bench in Mohan Lal vs Sona Paint that both the said causes of action cannot be combined.

 Kerala High Court

The Division Bench of Justices P R Ramachandra Menon and Devan Ramachandran recused from hearing the petition concerning the dispute between Jacobite and Orthodox factions. This was after an application was moved seeking the recusal of Justice Devan from the matter, on the ground that he had appeared as counsel for one of the parties involved in the case in earlier proceedings before the High Court.

The High Court last week refused to interfere with a school’s refusal to allow two Muslim girls to wear a headscarf and a full-sleeved shirt to school, opining that “individual interest must yield to the larger interest”.

The High Court directed the Travancore Devaswom Board to reinstate a temple employee, who was kept under suspension for his Facebook posts allegedly insulting Chief Minister and the Devaswom Minister.

The High Court on Friday granted bail to activist Rehna Fathima, who was arrested on November 27 on allegation that her social media posts on Sabarimala issue outraged religious sentiments.

Madhya Pradesh High Court

The Madhya Pradesh High Court disposed of a plea of a Congress leader who had expressed his concern over the alleged lack of sufficient security in some districts in respect of polled/unused electronic voting machines (EVMs) and Voter-verifiable paper audit trail (VVPAT) in the Assembly election in the State.

Madras High Court

The Madras High Court on Monday issued a notice to the Tamil Nadu government on a plea seeking special reservation for transgenders in appointments for government jobs. The notice was issued by Justice S Vimala on a plea moved by a Chennai resident P Sudha, a transsexual.

 Meghalaya High Court

While considering a petition relating to refusal of Domicile Certificate to an army recruit, the Meghalaya High Court on Monday observed that anybody opposing the Indian laws and Constitution cannot be considered as a citizen of this country. SR Sen (J) The court also urged the Centre to bring in a legislation to allow citizenship to Hindus, Sikhs, Jains, Buddhists, Parsis, Christians, Khasis, Jaintias and Garos who have come from Pakistan, Bangladesh and Afghanistan, without any question or documents.

Rajasthan High Court

The Rajasthan High Court on Wednesday granted Twitter Inc. CEO Jack Dorsey a stay on his arrest in connection with the FIR registered against him for hurting the sentiments of Brahmin community after his photo holding the slogan “Smash Brahminical Patriarchy” went viral.