'Cannot Lift One Community By Demeaning Others': Madras HC(FB) Lifts Ban On Two Tamil Books After Alterations [Read Judgment]

The Madras High Court has directed the State to lift its ban from the two Tamil books written by Mr. K. Senthil Mallar on the condition that the “provoking contents” in the books be altered or deleted."Under such circumstances, the impugned orders are liable to be set aside, provided that the petitioner complies with the references and bibliography as pointed out by the first respondent,...

SARFAESI: Allahabad HC Refuses To Entertain Borrower’s Loan Default Due To Demonetisation, GST [Read Judgment]

The Allahabad High Court has dismissed a writ petition challenging recovery proceedings initiated against a borrower firm, which challenged recovery proceedings on the ground that due to demonetisation and imposition of GST, it suffered loss in business and could not pay loan installments to the bank.The bench comprising Justice Bharati Sapru and Justice Siddharth passed the above order in...

A Govt. Servant Has A Right To Visit Any Person Of His Choice: MP HC Dismisses PIL Against Govt. Servants For Meeting RSS Chief [Read Order]

The Madhya Pradesh High Court has held the government servants ‘did not violate’ Rule 5 of Central Civil Services (Conduct) Rules, 1964, by meeting RSS chief Mohan Bhagwat in Jabalpur during the local body elections in year 2015.The court dismissed a PIL filed by a group of advocates claiming that certain government officers had violated the conduct rules by meeting the Rashtriya...

Clean TN: Madras HC Bans Unnecessary Banners, Photos, Flags, Drawings On The Wall; No Banner To Feature Live Person, Sponsors [Read Order]

To maintain clean atmosphere in Tamil Nadu, the Madras High Court has banned erection of hoardings, banners, sign-boards, flags, drawings on the walls without due permission while expressly stating that any banner, put up with permission, should not feature any living person or the sponsors.Justice S Vaidyanathan ordered the Chief Secretary to issue a circular to all town panchayats, wards etc...

Bombay HC Fines Vodafone For Flouting Vishaka Guidelines In The Past [Read Judgment]

Telecom Company Vodafone has been slapped with a fine of Rs. 50,000 for its failure to constitute a Complaints Committee as required by the Supreme Court in the case of Vishaka v. State of Rajasthan.While noting that such a Committee was in place currently, a Bombay High Court Bench comprising Justice A.A. Sayed and Justice M.S. Karnik observed, "Though we are not inclined to direct payment...

Malabar Cements Corruption Case: Delhi HC Stays Further Proceedings In Attachment Of Businessman V.M. Radhakrishnan's Assets [Read Order]

The Delhi High Court has stayed the proceedings in furtherance of the order of attachment of assets worth Rs. 23 crore belonging to businessman Mr. V. M. Radhakrishnan (Chakku Radhakrishnan).The assets were attached in connection with the Malabar Cements corruption case. The Enforcement Directorate Officials (ED) had invoked provisions of the Prevention of Money Laundering (PML) Act, 2002 and...

Temprorary, Ad Hoc And Contract Staff Also Entitled To Maternity Leave: CAT [Read Order]

CAT observed that it is a fact that temporary, ad hoc or contract employees do not enjoy the same benefits as a regular employee but request for maternity leave stood on a different footing.In a significant ruling, the Central Administrative Tribunal (CAT) has said that temporary, ad hoc and contract women employees are also entitled to maternity leave and consequent benefits akin to...

Did Not Claim To Clear All Pending Cases By March, 2018: Madras HC Rebuts News Reports

In response to news reports claiming that the Madras High Court is set to achieve the superhuman task of clearing all pending cases by March, 2018, a clarification has now been issued denying any such claim.The Registrar General of Madras High Court has clarified that Chief Justice Indira Banerjee merely claimed to be taking steps to clear all cases that have been pending for more than...

Married Woman Can’t Rely On Husband’s Caste To Contest Reserved Seat: Bombay HC [Read Judgment]

Upholding the decision of the Supreme Court in Valsamma Paul vs Cochin University and Others, the Bombay High Court has held that a married woman cannot simply rely on her husband’s caste to contest an election from a reserved seat.A bench of Justice Vasanti Naik and Justice Riyaz Chagla was hearing a writ petition filed by one Anuradha Kakar who got elected as a corporator in the...

Pollution Laws Imperative, But Can’t Ignore Economy: Madras HC Junks Challenge To Ex-Post-Facto Environ Clearance [Read Order]

The Madras High Court has upheld the Centre’s latest notification providing for ex-post-facto environmental clearance for project proponents as it held that any establishment, which is contributing to the economy of the nation and providing livelihood to hundreds, cannot be shut down only because of failure to obtain prior clearance even if it may not be otherwise causing pollution.A...

Mere Silence Can’t Be Taken As Proof Of Consensual Sexual Relations: Delhi HC [Read Judgment]

Mere silence cannot be taken as proof of consensual sexual relations, the Delhi High Court has held while upholding the conviction and 10-year jail term of a man for repeatedly raping a minor for over six months.Justice Sangita Dhingra Sehgal junked the defence taken by convict Munna in his appeal that the silence of the victim all along was a proof of her consent to the sexual relations even...

High Courts Weekly Round-Up

Allahabad High CourtDismissing a plea challenging Uttar Pradesh Government’s ‘forcing’ students of Madarsas to sing the National Anthem, the Allahabad High Court observed that the singing of the national Anthem is not just a constitutional duty but also fosters the spread of the spirit of democracy, secularism and the integrity of the nation.Andhra Pradesh High courtEmphasizing the need...