High Courts Weekly Round Up
Delhi High Court
Delhi HC to shift many files to Lower courts
Delhi high court may soon transfer many of its files to the Lower courts. LokSabha last weekpassed Delhi High Court (Amendment) Bill, 2015, by a voice vote. It was earlier passed by RajyaSabha during budget session. The amendment act reads “In sub-section (2) of section 5 of the Delhi High Court Act, 1966, for the words ‘‘rupees twenty lakhs’’, the words ‘‘rupees two crore’’ shall be substituted”. This means the pecuniary jurisdiction of Delhi High court is raised from Rupees Twenty Lakhs to Rupees Two Crore. The High Court of Delhi now will have ordinary original civil jurisdiction in every suit the value of which exceeds Rupees Two Crores.
Last chance for Sahara’s counsel to file affidavit
The Delhi High Court today, after granting a last opportunity to Sahara’s counsel for filing a rejoinder-affidavit, extended till November 27th the stay on trial court proceedings against Sahara Chief Subrata Roy, now in Tihar Jail, in an income tax case for allegedly not filing returns.
Lawyers also should maintain cleanliness
The Delhi High Court on Wednesday said that lawyers were also responsible for the “filth” generated in Trial Court complexes and asked them to be “more proactive” in keeping their workplaces clean.A Bench of Justices B D Ahmed and SanjeevSachdeva, taking lawyers to task on cleanliness, made the above observation after perusing pictures placed before it with regard to lack of cleanliness and bad state of toilets in various Trial Court premises here.
Bombay High Court
Govt resolution to implement dual entry admission valid
Bombay High Court ruled that the State Government’s move to revive the January 21 resolution implementing dual-entry admissions of students of Economically Weaker Sections (EWS) was well within the framework of the Right to Education Act (RTE).
Bound to compensate even if served punishment.
The Bombay High Court at Goa, in Mohammad Rafic Vs. Mario H. Fernandes,upheld an order of judicial magistrate to issue the warrant for attachment of flat of a ‘cheque bouncing’ case convict, if he fails to pay compensation of 4.25 lakh, evenafter he served imprisonment for one month.
Madras High Court
“Adulterous” Ex Wife not entitled to maintainence
The Madras High Court held that a divorced wife is living in ‘illicit relationship’ with man other than her former husband is disqualified from claiming maintenance from her former husband. Justice Nagamutthu further held that “The decree obtained by the husband for divorce on proving the adulterous life of the wife cannot give a license to her to continue to live in illicit relationship and to get her right to claim maintenance revived.”
Allahabad High Court :
Govt officials’ kids should study in Govt. Schools
In an attempt to draw the attention of the apathetic authorities to the sub-standard state of the Primary Government schools in the State, Allahabad High Court directed Uttar Pradesh Chief Secretary to ensure that children/wards of government officials/servants, those serving in the local bodies, representatives of people and judiciary, etc., send their wards to these schools.
Lawyers barred from entering court
In another news, A seven-Judge bench of the Allahabad High Court restrained 6 advocates from entering the Court premises of the District Court, after taking a serious note of the disturbance caused by these Advocates in the Court premises, by assaulting Judicial Officers and impeding Court proceedings.
DJs not essential part of religion
The Lucknow bench of Allahabad High Court held that use of Disc- Jockeys (DJs) is not an essential part of religion. Chief Justice Dr.DhananjayaYeshwantChandrachud and Justice Shri Narayan Shukla held that the Public Interest Litigation filed by Hindu Front For Justice, a religious organization can not be entertained since “There is no warrant for the exercise of the writ jurisdiction under Article 226 of the Constitution. No fundamental right has been taken away or infringed.”
Gujarat High Court
Halts compulsory voting move by Govt
The Gujarat High Court has stayed until further orders, the decision of the Government to introduce compulsory voting in the local body election, which is going to be held in October this year. “The ‘right to vote’ itself provides right to refrain from voting and it cannot be turned into ‘duty of voting’” the division bench of Chief Justice Jayant Patel and Justice N V Anjariya, reportedly opined while staying the operation of Gujarat Local Authorities (Amendment) Act 2009.
Himachal Pradesh High Court
Women should protect her purity and chastity
Himachal Pradesh High Court, while granting bail to a person accused of rape, apparently gave sermons to the victim on the need to maintain purity and chastity. Justice Tarlok Singh Chauhan, said “it is ultimately the woman herself who is the protector of her own body and therefore, her prime responsibility to ensure that in the relationship, protects her own dignity and modesty”. The court opined that “Once the prosecutrix knew that the petitioner is a married man, it was for her to restrain herself and not indulge in intimate activities.
Kerala High Court
The Kerala High Court held that the bar on the jurisdiction of the civil court to entertain a suit and grant injunction under Section 34 of the SARFAESI Act applies only when an order of injunction is attempted to be granted in respect of any action taken or to be taken in pursuance of any power conferred by or under the SARFAESI Act and not where a secured creditor or his authorised officer initiates proceedings under Section 13(2) or 13(4) of the Act as against any asset other than the ‘secured asset’.
Punjab and Haryana High Court
Punjab and Haryana High Court stayed the Haryana government’s notification issued on August 14 laying down minimum qualification criteria for the candidates to contest for the post of sarpanch, panch, member of block samiti and zilaparishad.
384 posts vacant in HCs across India
A total of 384 posts in 24 High Courts of the country are vacant, being a clear indicator of the lack of manpower in the sentinels of justice across the country. The apex Court has 3 vacancies currently.