High Courts Weekly Roundup

Week Commencing From August 3, 2020 To August 9, 2020 Allahabad High Court 1) Social Distancing Seems To Be An 'Empty Shibboleth'; Treatment System At Government Hospitals Has 'Collapsed': Allahabad HC Raps UP Govt [In-Re Inhuman Condition At Quarantine Centres And For Providing Better Treatment To Corona Positive Respondent] A Division bench comprised of Justices Siddhartha...

Kerala HC Quashes Criminal Proceedings Against Man Who Shared Political Posts In Facebook [Read Order]

The Kerala High Court has quashed criminal proceedings against a man accused of sharing a few political posts in Facebook against the LDF candidates.The prosecution case against Monish was that during the period from April 12 to April 16 of 2019, he shared a few Facebook posts against the LDF candidates in the State with the intention of provoking rioting among a few sections of people in...

Allahabad HC To Remain Closed From Aug 12- Aug 14; Only Urgent Matters Shall Be Listed [Read Notice]

On consideration of the rapid surge in the number of active Corona Virus cases at Prayagraj & Lucknow, the Chief Justice of the Allahabad High Court has ordered that the Courts will remain closed from August 12, 2020 till August 14, 2020. "I am satisfied that the circumstances demand to continue non-sitting of Courts. Accordingly, it is directed that there shall be no sitting...

Sec 57 Of Transfer Of Property Act Permits Court To Declare A Property Free Of Encumbrance Even Against Will Of Encumbrancer: Kerala HC [Read Judgment]

In a significant judgment, the Kerala High Court explained the procedural mechanism under Section 57 of the Transfer of Property Act, 1882, to lift encumbrance from an immovable property. The order, passed by Justice Devan Ramachandran, assumes relevance since there is no case law/ precedent on this subject. The verdict opens with emphasis on the "efficacious and...

NALSA Chairman Justice NV Ramana Presides over Delhi Legal Services Authority's First Online Lok Adalat

On the 8th of August 2020, the Delhi State Legal Services Authority under the aegis of National Legal Services Authority organised the first ever online Lok Adalat in Delhi. The accomplishment ceremony was attended by legal aid functionaries from all over the country. It was presided over by Justice N.V Ramana, Judge Supreme Court of India and the Executive...

Delhi Riots: Delhi HC Says 'Hindu Resentment' Order Of Delhi Police Caused No Prejudice; Asks Media To Verify Facts [Read Order]

The Delhi High Court has refused to quash the order of the Special Commissioner of Police, dated July 8, which cited 'resentment among Hindu community' in the wake of arrests in Delhi riots cases to advise police officers to exercise due care while making arrests.A single bench of Justice Suresh Kumar Kait observed that "no prejudiced has been caused" by the said direction as it was issued...

No Bar On Filing Anticipatory Bail Applications In Triple Talaq Cases; But Should Plead Reasons For Not Approaching Magistrate: Kerala HC [Read Judgment]

The Kerala High Court has held that Anticipatory Bail application under Section 438 Cr.P.C. is not barred in a case in which an offence under the provisions of Muslim Women (Protection of Rights on Marriage) Act, 2019 is alleged.But, if an accused wants to avail the right under Section 438 Cr.P.C., he should specifically plead in an application under Section 438 Cr.P.C. about the reasons for...

Why Hasty Registration Of Belated FIR, Immediate Arrest Of Journalist Without Preliminary Inquiry: Calcutta HC Demands From State DGP [Read Order]

"Strict scrutiny of statutory safeguards relating to powers of arrest and investigation are all the more necessary when it is alleged that State power has been unleashed to silence the voice of dissent", observed the Calcutta High Court on Friday.Justice Joymalya Bagchi was considering a plea for quashing of FIR against Safiqul Islam, a journalist and owner of web channel Arambagh TV and...

Tablighi Jamaat: Karnataka HC Quashes Cases Against 9 Foreigners; Imposes Condition That They Should Not Visit India In Next 10 Years [Read Order]

The Karnataka High Court has quashed and set aside criminal prosecution initiated against nine foreign nationals belonging to the Tablighi Jamaat, on the condition that they will immediately leave the country and undertake not to visit India for the next ten years. A bench of Justice Krishna S Dixit, allowed the petitions filed by the foreign nationals who were arrested under...

Madhya Pradesh Becomes First State To Impart 40 Hrs Online Mediation Training To Advocates

The Madhya Pradesh State Legal Services Authority has successfully imparted 40 Hrs online Mediation Training to Advocates based in outlying stations where single judge is posted. In the training programme held from July 27, 2020 till August 7, 2020, twenty-four Advocates were trained on topics like psychology of conflict, negotiation, bargaining, overcoming impasse and...

Delhi HC Protects 300 Years Old Banyan Tree From Builder, Asks Municipal Corporation To Prepare A Census Of Trees In Chandni Chowk [Read Order]

The Delhi High Court has ordered removal of construction and concrete around a 300 year old tree in Chandni Chowk, as a step to protect the majestic Banyan tree. The Court also ordered the Tree Officer, Government of Delhi to immediately suggest requisite measures to restore the health of the tree. The order was passed by Justice Najmi Wajiri in a petition filed by Mr. Nitin...

Sushant Singh Rajput: State Ought Not To Stand In The Way Of CBI Investigation; UOI Questions Mumbai Police's Approach In Quarantining IPS Officer Before Bombay HC [Read Order]

The Bombay High Court on Friday deferred the hearing in two Public Interest Litigations seeking CBI probe into the unnatural death of the actor Susahnt Singh Rajput, till August 21, observing that it is not appropriate to express an opinion in the case as the transfer petition is pending before Supreme Court and will be heard on August 18. Additional Solicitor General Anil Singh told...