High Courts Weekly Round-Up

Bombay High CourtThe Bombay High Court recently dismissed an appeal filed by a man seeking a decree of nullity of his marriage with his wife that took place on February 14, 2009. The appeal was against an order of the family court dated September 10, 2012, wherein the wife’s counterclaim seeking a decree for restitution of conjugal rights was allowed.The High Court dismissed a writ...

Onus On Accused To Explain If Caught For Possessing Large Number Of Counterfeit Currency Notes In Public Place: MP HC [Read Judgment]

In the present case no explanation has been offered by the accused persons under Section 313 of CrPC as to how they were in possession of counterfeit currency or in respect of phone calls in spite of categorical questions put to them under Section 313, the bench said.The Madhya Pradesh High Court has held that recovery of a large number of counterfeit currency notes from an accused in...

CLAT 2018(UG) Paper Analysis

If there's one thing more consistent than the sun coming up, it's the CLAT authorities screwing up the CLAT paper. This year was no different. Unresponsive monitors, wasted time, mouses not working properly and very very rude invigilators presented themselves to close to 60k CLAT aspirants, who had toiled for hours and hours everyday, for the past few months, in some cases even 2 years, to crack this paper. In the history of controversies-ridden CLAT papers, this paper, solely due to its...

Delhi HC Quashes Rape Charges But Orders Compensation For Maintenance Of Child Born To Prosecutrix [Read Judgment]

The Delhi High Court on Thursday quashed a Trial Court order convicting two men for raping a minor girl, but directed the duo to pay compensation for maintenance of child born to the prosecutrix.The Bench comprising Justice S.P. Garg and Justice C. Hari Shankar was hearing Appeals filed by two convicts, Tejinder Singh and Vikram Singh, challenging a judgment passed in January, 2013 by...

Post Godhra Ode Massacre: Guj HC Upholds Conviction Of 19 Accused, 14 Gets Life Term, 3 Acquitted [Read Judgment]

The Gujarat High Court has upheld the conviction of 19 Accused persons in the post-Godhra riots in Oad, a Muslim dominated village in Anand District of Gujarat where 23 people including women and children were burnt alive by a mob in March 2002. The High Court upheld the Life Imprisonment of 14 Accused for murder, sentenced Five Accused persons to seven years in jail for lesser offences...

Guj HC Notice To State, MC On Collection Of “Illegal” Parking Fee In Malls, Commercial Establishments In Surat [Read Order]

The Gujarat High Court has issued notice to the Government of Gujarat and the Municipal Commissioner on a petition filed by a social worker against the illegal collection of parking fee at the malls and other commercial establishments in Surat.A bench of Chief Justice R Subhash Reddy and Justice Vipul M Pancholi issued notices on the petition filed by Sajeev Ezhava contending that the parking...

Delhi HC Quashes DU Ordinance Abolishing Supplementary Exams For Students Admitted Before Academic Year 2017-18 [Read Judgment]

Coming to the rescue of over 200 students of Delhi University's (DU) law faculty, the Delhi High Court on Friday quashed a 2017 ordinance that had abolished the supplementary exam for third-year students insofar as it applied to students who had taken admission prior to the academic year 2017-18.The University Rules, as amended in 2014, provided that if any student fails to clear an exam of...

Bombay HC Quashes Proceedings Against Israeli National Travelling With Live Cartridge [Read Judgment]

In a respite for a 61-year-old Israeli national, the Bombay High Court recently quashed the proceedings initiated against her for purportedly carrying a live cartridge in her luggage while flying to India.The Bench comprising Justice R.M. Savant and Justice Sarang V. Kotwal set aside the criminal case against Ms. Rachelle Joel Oseran noting that she was carrying the cartridges inadvertently....

Delhi HC Opens Gate For Students From Open School To Take NEET, Upholds CBSE’s Age Limit Of 25 Yrs [Read Judgment]

In a major development, the Delhi High Court on Friday said students from open school can also take the National Eligibility-cum-Entrance Test (NEET) while upholding the CBSE’s upper age limit of 25 and 30 years for general and reserved categories, respectively, to apply for the pre-Medical test considering the limited number of seats and large number of aspirants in India.A bench...

Cannot Implicate A Man As A Terrorist Merely Because He Has Seen Certain Videos And Speeches [Read Judgment]

The fact that he has seen certain videos and speeches as aforesaid by itself will not be a reason to implicate him as a terrorist unless there are other materials to establish the same, the bench said.The Kerala High Court, in a judgment delivered last month, has observed that a person cannot be implicated as a terrorist, merely because he has seen certain videos and speeches.The division...

Cheating Allegations Against Developers Not Disputes Of Civil Nature: Bombay HC Raps Police For Neglecting Complaints [Read Order]

The Bombay High Court recently rapped police officials for terming as civil disputes allegations of cheating against developers and thereby, turning away complainants.Justice S.J. Kathawalla observed, "I have in the past repeatedly recorded in my orders that the complaints filed by the members of the public alleging that they have been cheated by the developer cannot be termed as disputes of...

Allahabad Lawyer Shot Dead In Broad Daylight, Protests Erupt

Sending shockwaves across the city, a district court lawyer from Allahabad was shot dead in the city in broad daylight on Thursday morning.According to a Hindustan Times report, the lawyer, Mr. Rajesh Srivastava was shot near the busy Manmohan Park crossing in the heart of the city under Colonelganj police station area, a little after he left his house located in Rambagh.He was immediately...