High Courts Weekly Roundup [December 20, 2021 To December 26, 2021]

Allahabad High CourtAllahabad High Court Directs UP Govt To Regularly Update State Enactments, Amendments On Official Websites [In Re - Regular Publication of All The Enactments of The State Legislature, as well as Rules, framed]The High Court called upon the Uttar Pradesh Government to regularly update the text of the state laws, along with the amendments, if made, on its official websites....

Karnataka High Court Allows Christian Woman To Perform Prayers At Her House Subject To Conditions; Allows Police To Video Record

The Karnataka High Court has by way of an interim order allowed a 70-year old Christian woman staying in Udupi District of Karnataka to perform prayers at her house. A single judge bench of Justice Krishan S Dixit said that, "AGA is requested to accept notice for respondent Nos.1 to 4; issue ad-interim order as prayed for, subject to the following undertaking given by...

WhatsApp Group Administrator Not Vicariously Liable For Objectionable Posts By Members : Madras HC Endorses Bombay HC Judgment

The Madras High Court recently granted relief to an administrator of a WhatsApp group in an FIR registered over offensive messages posted in the group by a member. The Court directed that the group administrator should be removed as an accused from the chargesheet, if the investigation reveals that he has only played the role of an administrator and nothing more. The Madurai Bench...

PIL On 'Pitiable Condition' Of 1st Prez Dr. Rajendra Prasad Memorials: Patna HC Directs Inspection, Seeks Reply Of Centre, Bihar Govt

Dealing with a Public Interest Litigation (PIL) plea filed highlighting the pitiable state of affairs of the memorials of the first president of India, Dr. Rajendra Prasad situated at three different places of Bihar, the Patna High Court on Thursday sought the reply of the Union and State Government.The Bench of Chief Justice Sanjay Karol and Justice S. Kumar appointed a team of...

'No Physical Resistance By Prosecutrix Won't Make The Act Consensual': Madras High Court Upholds Rape Conviction

Upholding a rape conviction by the trial court (Chief Judicial Magistrate) and the lower appellate court (Sessions Judge), Madras High Court, while dismissing the criminal revision petition of the accused, has held that lack of physical and violent resistance against the accused will not make the act as consensual. "The very fact that the victim did not physically and violently resist...

Gauhati High Court Directs Assam Govt To Identify Ration Card Beneficiaries In Slum Areas Of Guwahati, Extend Help To The Needy

The Gauhati High Court has directed the state government to identify the ration cards beneficiaries in slum areas of Guwahati.The Bench of Justice N. Kotiswar Singh and Justice Malasri Nandi has also directed that families who need help in the COVID-19 pandemic be given help immediately, in form of food and other day-to-day support promptly.The order came on the PIL filed by one Syeda...

"Complete Lack Of Sensitivity And Maturity By Presiding Judges": Delhi High Court Unhappy Over Family Court Orders

The Delhi High Court has expressed its unhappiness over the orders passed by the Family Courts by remarking that "complete lack of sensitivity and maturity" is shown by the presiding judges. "We are repeatedly coming across orders passed by the Family Courts which exhibit complete lack of sensitivity and maturity by the Presiding Judges. We have been repeatedly saying that Courts are meant to...

False Declaration About Candidate's Educational Qualification Can Be Brought Under Sec 123(4) Representation Of People Act: Delhi High Court

The Delhi High Court has held that a false declaration made by a candidate qua educational qualification can be brought within the four corners of sec. 123(4) of Representation of People Act, 1951.Sec 123(4) of the Act states "The publication by a candidate or his agent or by any other person with the consent of a candidate or his election agent,, of any statement of fact which is false,...

How Many Persons Fraudulently Getting Pension Meant For Political Prisoners Of 1975-Emergency Era: Allahabad HC Asks UP Govt Reply

The Allahabad High Court has asked the State of Uttar Pradesh to specify as to how many persons are getting pensions fraudulently by showing themselves to be detained as political prisoners during the period when national emergency was invoked in the Country (June 25, 1975, to March 21, 1977).Essentially, the Bench of Chief Justice Rajesh Bindal and Justice Piyush Agarwal was dealing with...

17 Yr Old Muslim Girl Competent To Enter Into A Contract Of Marriage With Person Of Her Choice: P&H High Court

The Punjab And Haryana High Court on Wednesday granted protection to a Muslim Girl (17 Year Old) who married a Hindu Man (33 Year Old) while noting that she is of Marriageable Age under Muslim Personal Law. Essentially, the Bench of Justice Harnaresh Singh Gill was hearing a protection plea filed by the couple(a Hindu man and a Muslim woman) who solemnized their marriage in a Hindu temple...

Call For Digital Fellowship 2022: A Conversation With Past Digital Rights Fellows At CCG

With increasing internet penetration and the rapid increase of internet users in the country, digital rights have become a core focus within the ambit of the protection of fundamental rights. In the last few years, there have been several important judicial pronouncements stemming from digital rights litigation, whether it was the landmark Puttaswamy I judgement upholding the fundamental right to privacy in the Indian Constitution, or the more recent Anuradha Bhasin judgment which...

Real Justice Needed For The Helpless - Bombay High Court Roots For Lok Adalats To Clear Huge Backlog Of Railway Claims And Appeals

The Bombay High Court has sought constitution of Lok Adalats across various zones of the Railway Claims Tribunal (RCT) to clear the huge pendency of cases before those tribunals with a view that "Justice in real sense is imparted to helpless and hapless litigants."While passing the order on December 23, Justice Prithviraj Chavan, observed, "It is of common knowledge that most of...