Delhi High Court Weekly Round Up: January 3 To January 9, 2022

SIGNIFICANT JUDGMENTS/ ORDERS THIS WEEK1. Arrest In Breach Of 'Arnesh Kumar' Guidelines : Delhi High Court Sentences Police Officer To One Day ImprisonmentCase Title: RAKESH KUMAR v. VIJAYANTA ARYA (DCP) AND ORSCitation: 2022 LiveLaw (Del) 1In a significant judgment, the Delhi High Court held a police officer guilty of contempt of court for arresting a man in violation of the principles laid...

Karnataka High Court Weekly Roundup: January 3 To January 8, 2022

1: Braille Textbooks: Karnataka High Court Asks State To Ascertain Number Of Visually Disabled Students In Govt & Private SchoolsCase Title: The National Federation Of The Blind, Karnataka v. State Of Karnataka Case No: WP 52201/2019The Karnataka High Court directed the State government to carry out a survey to ascertain the number of blind students who are studying in government...

High Court's Language Is English; Party Can't Insist On Speaking Another Language : Gujarat HC

The Gujarat High Court recently stated that the language of the Court is English and that a party cannot insist on addressing the Court in any other language. The Court referred to Article 348 of the Constitution which mandates that the language of the Court shall be English.A division bench comprising Chief Justice Aravind Kumar and Justice Ashutosh J Shastri took objection to a contemnor,...

Offence Of Rape Not Waived: Delhi HC Refuses To Quash FIR Against Govt Servant Following Settlement & Marriage With Victim

The Delhi High Court has refused to quash an FIR against a Government Servant containing allegations of rape, observing that such an FIR cannot be quashed on the basis of settlement between parties and their subsequent marriage as it does not waive off the offence alleged. Reiterating that the act of rape is not an act against individual but is an offence against the society, Justice...

Appointment Of Resolution Professional: Rajasthan HC Issues Notice On Plea Challenging Constitutionality Of Sections 95, 97 & 99 Of IBC

The Rajasthan High Court has issued notice on a plea challenging the constitutionality of Sections 95, 97 and 99 of the Insolvency Bankruptcy Code, 2016. The division bench of Chief Justice Akil Kureshi and Justice Rameshwar Vyas observed, "Since the provisions of the law framed by the Parliament are under challenge, we therefore issue notice to the learned Additional...

Kerala High Court Directs Treasury To Hand Over KR Gouri's Savings To Her Niece

Coming to the rescue of K.R Gouri's niece, who was her caretaker till her death, the Kerala High Court ordered the Department of Treasuries to release her entire treasury savings amounting to over Rs 30 lakh.KR Gauri was the first women minister of Kerala.Justice N Nagaresh issued the order on a petition filed by Beenakumari, the daughter of Gouri's younger sister, challenging the...

'Google's Conditions On Digital News Publishers Prima Facie Unfair, Abuse Of Dominant Position' : CCI Orders Probe

On Friday, the Competition Commission of India directed a probe against Google with respect to allegations of abuse of dominant position raised by Digital News Publishers Association. The Association had filed information under Section 19(1)(a) of the Competition Act, 2002 ("Act") against Alphabet Inc., Google LLC, Google India Private Limited and Google Ireland Limited.Noting that...

'Working Together Is Not Encroaching Upon Other's Territory'; Union Law Minister Kiren Rijiju Speaks On Judiciary's Independence

While speaking at the 15th NUALS Convocation ceremony, Kiren Rijiju, Union Law Minister for Law and Justice, remarked that close coordination between judiciary and the other two organs of the state does not necessarily amount to encroachment upon each other's independence. "People may say that judiciary is independent. Legislature and Executive are also independent in India in their...

Father Can't Abdicate His Responsibility Of Looking After Unmarried Daughters, Obligated To Take Care Of Their Education & Marriage Expenses: Delhi HC

The Delhi High Court has observed that a father cannot abdicate his responsibility of looking after his unmarried daughters and that he has a duty and obligation to maintain them, including taking care of their expenses towards education and marriage.A Bench of Justices Vipin Sanghi and Jasmeet Singh added that 'Kanya Daan' is a solemn and pious obligation of a Hindu Father, from which he...

[O. 41 R. 17(1) CPC] If Counsel Refuses To Argue Or Not Able To Address Court, Appeal Can't Be Dismissed On Merits: Allahabad HC

The Allahabad High Court recently ruled that when an appeal has to be dismissed by the appellate Court on account of the fact that the counsel for the appellant though physically present in the Court, refuses to argue the same for any reason, the dismissal can't be on merits in view of the Explanation to Order XLI Rule 17 CPC.It may be noted that Explanation to Order XLI Rule 17 CPC states...

Kerala High Court Weekly Roundup: January 3 To January 8, 2022

1. NEET PG: Kerala High Court Dismisses Plea Seeking To Quash State Circular Granting 27% Reservation To SEBCCase Title: Dr. Sreeparvathy & Ors. v Commissioner of Entrance Examinations & Anr. Citation: 2022 LiveLaw (Ker) 9The Court dismissed a plea moved by MBBS graduates challenging a circular issued by the State government increasing reservation for the socially and...

Offence Punishable U/S 506 IPC If Committed In Uttar Pradesh Is A Cognizable Offence: Allahabad High Court

The Allahabad High Court recently observed that an offence under Section 506 IPC (Punishment for criminal intimidation), if committed in the State of Uttar Pradesh is a cognizable offence.To conclude thus, the Bench of Justice Subhash Vidyarthi referred to a notification published in the U.P. Gazette dated 31st July 1989, notifying the declaration made by the then Hon'ble Governor of UP that...