High Courts Weekly Round-Up

Allahabad High CourtAllahabad High Court recently expressed serious concern over traffic congestion in Lucknow, directing the State Government to immediately deploy adequate police personnel and install traffic signal systems at various crossings to ease traffic congestion.Bombay High CourtThe Goa bench of the Bombay High Court issued notices to the Ministry of Civil Aviation, Chief Secretary...

Gujarat HC Denies Relief To Essar Steel Against RBI's Order to Initiate Insolvency Proceedings [Read Judgment]

The Gujarat High Court on Monday dismissed Essar Steel's Petition against the Reserve Bank of India's directive to Banks for initiating insolvency proceedings against the Company. An oral order was passed by Justice S.G. Shah, with a detailed order expected later today.Essar Steel had approached the High Court challenging a circular issued by the RBI on 13 June, directing banks to...

Officers However High Not Above RTI Act, CIC Treats Chief Vigilance Officer As Deemed PIO And Issues Show Cause Notice

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Jharkhand HC Seeks State’s Response On Steps Taken To Check Food Adulteration [Read Judgment]

The Jharkhand High Court recently directed the State Government to file an affidavit elucidating upon the steps taken to check adulteration of edibles in the State.A Bench comprising Justice Aparesh Kumar Singh and Justice B.B. Mangalmurthy was hearing a PIL filed by Advocate Rajeshwar Pandey who had challenged the transfer of the then SDO Bhor Singh Yadav to Jamtara.Mr. Yadav had exposed...

Pendency Of Application For Child’s Custody Under DV Act Cannot Hamper Proceedings Under Guardians And Wards Act: Uttarakhand HC [Read JT]

The Uttarakhand High Court, on Thursday, ruled that the pendency of an application for child’s custody under Section 23 of the Domestic Violence Act cannot create an embargo for consideration of an application under Section 25 of the Guardians and Wards Act.The Bench comprising Justice Rajiv Sharma and Justice Sharad Kumar Sharma explained, “The intention of Section 23 under the...

Kerala HC Explains Doctrine Of "LAW OF CASE" -Binding Nature Of Previous Orders In Subsequent Stages Of A Case [Read Judgment]

In a curious case entangled in strange set of facts, a Division Bench of the Kerala High Court comprising Justices P.N Ravindran and Justice Dama Sheshadri Naidu had occasion to explain the doctrine of ‘law of case’, which deals with the binding nature of previous orders in subsequent stages of a case.A civil contractor had two arbitral awards passed in his favour against the Government....

Bombay HC Disposes Of Appeal On ‘Rate Of Duty’, ‘Value Of Goods’ As Not Maintainable [Read Judgment]

Disposing of an appeal filed under Section 35 G of the Central Excise Act by the Commissioner of Central Excise and Service Tax, Kolhapur, the Bombay High Court said the same was not maintainable.Preliminary objection was raised by the respondents to the maintainability of this appeal under Section 35 G.Upon examination of the said section, a bench of Justice Anoop Mohta and Justice...

Officers However High Not Above RTI Act, CIC Treats Chief Vigilance Officer As Deemed PIO And Issues Show Cause Notice [Read Order]

The Central Information Commission, on Friday, treated the Chief Vigilance Officer of the Employees State Insurance Company (ESIC) as its deemed PIO, and issued him a show cause notice, as the Commission deliberated upon imposition of penalty on ESIC.Information Commissioner, Prof. M. Sridhar Acharyulu was hearing an Appeal filed by one Mr. Harinder Dhingra, who had sought copies of admit...

Disclosure of Rape Victim’s Identity In Judgment Doesn’t Allow Disclosure Of Her Name In Media: Rajasthan HC [Read Judgment]

The Rajasthan High Court recently refused to quash charges levied against a few journalists for disclosure of the name of a rape victim, refusing to accept their contention that the victim’s name had already been revealed in the judgment convicting her assailants.Justice Pushpenda Singh Bhati pointed that printing of an article with the victim’s name was different from revelation of her...

Bombay HC Acquits Bank Official Long After His Demise [Read Judgment]

Upholding the principles of natural justice, the Bombay High Court has absolved a bank manager, long after his demise, of the charges of financial fraud as part of the 1992 Harshad Mehta stock scam and directed that his terminal and retirement benefits be paid to his wife and three children who fought the legal battle to exonerate his name.A bench of Justice M S Karnik and Justice AA...

Bombay HC Tells State Govt To Pay Rs. 2-lakh Compensation For Illegal Detention [Read Judgment]

The Bombay High Court has directed the State of Maharashtra to pay at least Rs. 2 lakh as compensation to one Ranjit Singh Gill for keeping him in jail, three years above his actual sentence.A bench of Justice TV Nalawade and Justice SV Kotwal at Aurangabad directed the state government to pay the amount within 45 days, failing which an interest of 12% would be applicable.Gill had filed...

WhatsApp Forward Without Original Can’t Be Treated As Document Under Evidence Act: Delhi HC [Read Judgment]

The Delhi High Court has held that a document received as a WhatsApp forward does not even qualify as a document in terms of the Evidence Act, 1872, if neither the original nor the copy of the original has been produced.Justice Sanjeev Sachdeva made the above observation while dismissing a petition filed by the National Lawyers Campaign for Judicial Transparency and Reforms and others seeking...