High Courts Weekly Round-Up

Allahabad High CourtThe Allahabad High Court observed that a wife working against the wishes of husband or his family is not a ‘cruelty’ to grant divorce to husband.Bombay High CourtThe Bombay High Court on Monday issued notices to the Union of India, Comptroller and Auditor General of India, 14th Finance Commission of India, GST Council, State of Maharashtra on a PIL filed by one...

Delhi HC Refers To Larger Bench Questions Of Interplay Between Provisions Of Delhi Rent Control Act [Read Judgment]

A Single Judge Bench of the Delhi High Court, on Friday, referred to the Division Bench several questions of relationship and interplay between Section 14(1)(e) and Section 22 of the Delhi Rent Control Act, 1958.Under section 14(1)(e) of the Act, if a landlord can show that he has no other reasonably suitable residential accommodation and that the tenanted premises is, in fact, required by...

District Court Judges Told To Desist From Pressurising, Threatening Directorate Of Prosecution For Their Choice Of Prosecutors, Naibs [Read Circular]

Anyone familiar with the working of district courts would agree that the judges, their staff and also the prosecutors posted in each court work as a team. The staff and the prosecutors adapt to the style of working of the presiding officer.However, this leads to many judicial officers opting for a particular prosecutor over the other.Some judges go to the extent of threatening the Directorate...

Insolvency And Bankruptcy Code & Ordinance Challenged Before Gujarat HC; Notice Issued

The Gujarat High Court has issued notice on a Petition challenging the constitutional validity of the Insolvency and Bankruptcy Code, 2016 and the recent ordinance barring Promoters from submitting a resolution plan.The notice returnable on 22 January, 2018 was issued by a Bench comprising Chief Justice R. Subhash Reddy and Justice Vipul M. Pancholi on a Petition filed by Accord...

Not Mandatory To File Affidavit Of Assets, Income Etc. Along With Petition And Written Statement In Maintenance Proceedings: Delhi HC [Read Order]

The Delhi High Court has modified its orders issued on 14 January, 2015 and 29 May, 2017, and has made it non-mandatory to file affidavit of assets, income and expenditure along with the Petition and Written Statements in maintenance proceedings.The Court had, on 14 January, 2015, laid down the guidelines for expeditious hearing and disposal of maintenance applications under Section 24 of...

Prohibit Multinational Fast Food Chains Like McD And KFC From Selling Genetically Treated Chicken: Petition In Bombay HC [Read Petition]

A Petition has been filed before the Bombay High Court demanding that multinational fast food chains be prohibited from selling genetically treated chicken.The Petition, filed by NGO 'Citizen Circle for Social Welfare', relies on a report titled ‘Double Standards: Antibiotic Misuse by Fast Food Companies’ by The Centre of Science and Environment, wherein it was claimed that "global fast...

IndiGo, SpiceJet To Shift Operations Partially To IGI Terminal-2 As Delhi HC Upholds DIAL’s Public Interest Over Airlines’ Commercial

IndiGo Airlines will have to shift operation of its flights, to and fro Mumbai, Kolkata and Bengaluru to Terminal-2 of the Indira Gandhi International (IGI) Airport with the Delhi High Court junking its challenge to the directions of DIAL while observing that traffic load at Terminal-1 was much beyond its capacity and such shifting was in the larger public interest.SpiceJet, which was...

Delhi HC Warns Of Penal Action Against DUSU Candidates Who Defaced Capital, But Not Interested In Restoring It [Read Order]

The Delhi High Court on Friday suggested taking penal action against candidates who participated in the Delhi University Students Union polls this year and had their names defacing various public properties across the national capital but are staying away from deliberations among various stakeholders to undo the defacement.A bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar...

Delhi HC Uphold Conviction Of Six Policemen In A Custodial Death Case, Says Not Much Has Changed Since 'D.K. Basu' Judgment [Read Judgment]

The Delhi High Court, last week, upheld the conviction of six Policemen belonging to the Special Staff of the Delhi Police for the custodial death of one Dalip Chakraborty in 1995.Hearing the Appeals filed by the officers, the Bench comprising Justice S. Muralidhar and Justice I.S. Mehta, at the outset, referred to the Supreme Court decision in the case of D.K. Basu v. State of West...

Delhi HC Suspends Two Judicial Officers For Alleged Corruption, Audio Clips Handed Over To HC

The Delhi High Court has suspended two judicial officers posted at Dwarka courts over charges of alleged corruption. The high court has suspended Additional District Judge (MACT) Jitendra Mishra and Special Judge (Electricity) Naveen Arora. The high court is also in possession of audio recordings against Mishra, sources informed. “While Naveen Arora’s foreign trips were funded by...

Delhi HC Takes Suo Motu Cognizance Of DDA Demolishing Hostel For Blind

The Delhi High Court on Friday took suo motu cognizance of the report about the DDA demolishing a hostel for visually-impaired students in west Delhi leaving them out in cold and ordered their immediate rehabilitation.A bench of acting Chief Justice Gita Mittal and Justice C Hari Shankar took cognizance of the matter and issued notice to LG, the Delhi government, DDA, DUSIB and also the...

Bombay HC Strikes Down Provisions Of Bombay Denatured Spirit Rules, 1959, Holds Them Ultra Vires To Constitution [Read Judgment]

The Bombay High Court has held that the Bombay Denatured Spirit Rules, 1959 to the extent that they regulate the possession, use, sale, import, export and transport of denatured spirit, are ultra vires and unconstitutional.The division bench of Justice AS Oka and Justice Riyaz Chagla struck down Rules 23 to 62 of the said rules and held that under the Maharashtra Prohibition Act, no licence...