High Courts Weekly Roundup

Week Commencing From September 14, 2020 Till September 20, 2020 Allahabad High Court 1. Elected Representative Not Enjoying The Will Of The People Can't Be Permitted To Be In Power Even For A Second: Allahabad HC [Tripti Rani v. State Of U P & Ors.] The Division Bench comprising of Justices Shashi Kant Gupta and Piyush Agrawal observed that a democratic setup depends upon...

P&H HC Directs Haryana DGP To Implement Police Guidelines In DK Basu Case During Farmers' Protests Against Three Agriculture Ordinances [Read Order]

A significant development has come in the backdrop of the mass farmers' protest against the three Ordinances regulating farming and agriculture sector. The Punjab & Haryana High Court has directed the DGP, Haryana to 'sensitize' police officials performing duties during these protests, about the Guidelines for Police, laid down by the Supreme Court in the DK Basu Case. The Bench...

Bombay HC Upholds Acquittal Of 6 Accused In Goa Blast Case, But Sets Aside Trial Judge's Remarks [Read Judgment]

The High Court of Bombay at Goa on Saturday upheld the acquittal of six accused in the Goa blast case of 2009, who were charged under various provisions of IPC, Unlawful Activities (Prevention) Act and Explosive Substances Act observing that the prosecution failed to establish beyond reasonable doubt the involvement of the accused in a conspiracy to create communal disharmony by...

[Online Examination] 'Technical Glitches Can't Be Ruled Out', Gujarat HC Allows A 'Failed' Student To Take Next Phase Of Exams [Read Order]

The Gujarat High Court on Friday (18th September) allowed a 'failed student' (as declared by the University) to take the next phase of exams (to be held on 23rd September) while observing that technical glitches could be faced during an online examination.The Single Bench of Justice Sangeeta K. Vishen further observed that "when working with the technology, technical glitches cannot be ruled...

Protection To Judges In Respect Of Actions Taken/ Words Spoken While Discharging Judicial Functions Is Absolute: Gauhati HC [Read Order]

The Gauhati High Court recently rapped a writ petitioner for adjoining a Judicial Magistrate and the HC and its Registry as Respondents to his plea against the order passed by the said Magistrate. The Bench of Chief Justice Ajai Lamba observed that Judges enjoy "absolute protection" under the Judges (Protection) Act, 1985. Thus, impleading a Judge as a Respondent party, that too by...

J&K HC Approves Establishment Of Court Annexed International Arbitration Centre

The Jammu and Kashmir High Court has accorded approval to set up the J&K International Arbitration Centre (JKIAC), annexed to the High Court premises. The aim is to provide an institutionalized framework for speedy and expeditious resolution of disputes through alternate dispute resolution mechanism. As per a press release issued to this eefct, "The setting up of Jammu...

Lok Sabha Clears Bill To Decriminalize Minor Procedural Offences/ Technical Lapses Under Companies Act 2013 [Read Bill]

The Lok Sabha on Saturday passed the Companies (Amendment) Bill, 2020 to decriminalize minor procedural or technical lapses under the Companies Act, 2013, into civil wrong, with an aim to enhance the ease of doing business in India. It proposes to amend 64 provisions of the Act to make overall 75 changes. The Bill was introduced in the Lower House by Minister of Corporate...

The Premises Can't Be Sealed By Authorities For An Unreasonably Long Period Than What Is Necessary: Jharkhand HC [Read Order]

The Jharkhand High Court on Friday (11th September) observed that in the case of an order of sealing, the authorities cannot be allowed to keep the premises locked for an unreasonably long period than what is absolutely necessary.A Single Bench of Justice Rajesh Shankar was hearing a writ petition filed for quashing the order as contained in memo no.705/GO dated 26th April, 2020 passed by the...

Lok Sabha Clears Taxation & Other Laws (Amendment Bill) To Relax Tax Filings [Read Bill]

The Lok Sabha on Saturday passed the Taxation and Other Laws (Relaxation of Certain Provisions) Bill, 2020 to relax time limit on compliance with tax laws, GST payment, filing, etc., amid the Covid-19 pandemic. The Bill, already in force as an Ordinance, amends as many as eight legislations viz. the Wealth-tax Act, 1957, Income Tax Act, 1961 (IT Act), Prohibition of Benami...

"A Claim To Protect Free Speech Made In Good Faith And Public Interest": Quoting Ginsberg Rebecca John Completes Priya Ramani's Defence In MJ Akbar's Criminal Defamation Case

Senior Advocate Rebecca M John today completed her final arguments on behalf of journalist Priya Ramani who is facing a criminal defamation case for sharing her #MeToo story against MJ Akbar. While addressing the Additional Chief Metropolitan Magistrate Vishal Pahuja, Ms John submitted that Ramani should be acquitted as her story is her truth, which was made in good faith...

District/Trial Court To Reopen In A Phased Manner In Karnataka [Read SOP]

District and Trial courts in the state to reopen in a phased manner starting September 28. The Karnataka High Court on Saturday, issued a modified Standard Operating Procedure for the district/trial courts to follow on reopening to prevent spread of Covid-19. As per the revised SOP, from September 28, Fifty-five taluka Courts, as mentioned in the SOP, will reopen. All Courts in...

Customs/DRI Officers Empowered To Arrest Even On Suspicion Of Smuggling, Not Obliged To Cr. P. C. Norms For Making Arrest: Gujarat HC [Read Judgment]

The Gujarat High Court has ruled that any person can be arrested for any offence under the Customs Act, 1962, by the Customs Officer, if such officer has reasons to believe that such person has committed an offence punishable under Section 132 (False declaration, false documents, etc) or Section 133 (Obstruction of officer of customs) or Section 135 (Evasion of duty or prohibitions.) or...