High Courts Weekly Round-Up

Allahabad High CourtThe Allahabad High Court has again dismissed a public interest litigation that raised objection to the name ‘Anti-Romeo Squad’, observing that it cannot indulge in argumentative interpretation of a name the government has chosen so as to hold as to whether a name is good or bad.The Lucknow bench of the High Court held that food, food habits and vending thereof...

Third Gender Should Be Allowed To Use Public Toilet Facility Of Their Choice; Centre Issues Guidelines

In a move towards greater inclusivity of the third-gender the Ministry of Drinking Water and Sanitation has issued a Circular which says that third-gender should be allowed to use public toilet facility of their choice (men or women).The Ministry of Drinking Water & Sanitation under its Swachh Bharat Mission (Gramin) has notified Guidelines on Gender Issues in Sanitation.The...

SCBA XI Wins T-20 Match Against Chief Justices XI

The Supreme Court Bar Association XI won the T-20 day and night match held at the Feroz Shah Kotla ground in Delhi against the Chief Justices XI by six wickets yesterday.But the judges led by “playing captain” Justice Madan B Lokur , most of them aged between 62 and 65, showed surprising agility, energy and stamina on the field and impressed all.The lawyers won the toss and sent the judges...

498A- Gujarat HC Deprecates The Practice Of Adding All Family Members Of Husband As Accused, Quashes FIR [Read Judgment]

The Gujarat High Court in Natubahi Somabhai Rohit & others vs. State of Gujarat held that allegations in the complaint must be specific and should contain necessary ingredients to make out the offence u/s 498A of IPC.Justice N.V. Anjaria was considering a criminal miscellaneous Application u/s 482 of Cr.P.C. for quashing the First Information Report in relation to S. 498A, 323, 504, 506(2)...

Family Court Judge Sets Guinness World Record By Deciding Over 6,000 Cases

A Principal Judge of Family Court in Muzaffarnagar has set a Guinness World Record by disposing of 6,065 cases in 327 working days, reports PTIJudge Tej Bahadur Singh told reporters that the move was aimed at reducing the number of pending cases in the Court, and providing justice to the litigants. A total of 903 couples were reunited after settlement in the Family Court, he...

Right Of A Firm To Run Business Cannot Be Taken Away Without Following Due Process of Law: MP HC [Read Order]

A Indore Bench of Madhya Pradesh High Court has held the fundamental right of a firm to run a business cannot be taken away without following due process of law.The State Farmer Welfare and Agriculture Department cancelled a license of the petitioner firm based in Indore for violation of provisions of Seeds (Control) Order 1983.The firm was engaged in processing and sale of certified...

Bombay HC allows Registered Clerks of Advocates to carry Mobile Phones in Court

Registered Clerks of advocates who are attending court proceedings will now be able to carry mobile phones inside courtrooms of the Bombay High Court.In a notice dated February 14, 2017 HC had prohibited use of mobile phones, cameras or any other recording devices inside courtrooms. Lawyers were the only ones exempt from this rule.In a communication dated March 15, 2017 the Registrar General...

Gujarat HC Follows SC’s Example, will Work During Vacations

The Judges of the High Court of Gujarat have decided to work for one week during the summer vacations, striving to reduce the burden of old cases that have been pending for years. Chief Justice R.S. Reddy reportedly conveyed the news to the Bar Association’s President Mr. Asim Pandya, and sought cooperation from the lawyers. Mr. Pandya has now invited names of Advocates willing to work...

Mentally-Challenged Kids Cannot Be Deprived Of Their Fundamental Rights: Bombay HC [Read Judgment]

The Bombay High Court, recently held that under Article 39(f) of the Constitution, it is the duty of the state to make policy for healthy development of children, and certainly towards mentally-ill and mentally-challenged children. Merely because they are mentally-ill or -Challenged, they cannot be deprived of their fundamental right under the Article 21A of the Constitution.A division bench...

MP HC Convicts A Professor In Contempt Case [Read Order]

A division bench of Madhya Pradesh High Court has sentenced a professor to three months simple imprisonment for failing to furnish proof to support his allegations of corruption against certain judges of high court in a contempt case.The court suspended the conviction for three weeks to enable the contemnor Lavit Rawtani a Professor of Maulana Azad National Institute of Technology (MANIT)...

Husband Not Liable For Cheque Issued By Wife: Gujarat HC [Read Judgment]

The Gujarat High Court, in Harshad Manubhai Malavaiya vs State Of Gujarat, held that husband is not liable for a cheque issued by the wife in her personal capacity.In the instant matter, Justice JB Pardiwala examined the question whether the petitioner can be made vicariously liable under Section 138 for the cheque dishonoured which were issued by his wife in personal capacity.Relying on...

Central Motor Vehicles Rules: Madras HC Strikes Down Levy Of Additional Fee [Read Judgment]

The Motor Vehicles Act and the Central Motor Vehicles Rules at present only contain a provision authorising the levy of a fee and nothing more, the court said.The Madras High Court has struck down a notification issued by the Ministry of Road Transport and Highways, Government of India, which called for imposition of additional fee in the nature of a fine or penalty over and above the...