High Courts Weekly Round-Up

Allahabad High CourtThe Allahabad High Court held that when an acquittal was obtained by playing fraud upon the court, it is no acquittal in the eyes of law, and in such a case the bar of Section 362 CrPC would not come into play.Bombay High CourtThe Bombay High Court held the acquisition of land by Government of Maharashtra in 1986 as lapsed under Section 24(2) of the Right to Fair...

Senior Advocate Anil Divan Passes Away

Senior Advocate and constitutional expert Anil B Divan (87) passed away.In a message to members, Supreme Court Bar Association Secretary Gaurav Bhatia said;“Respected MembersWith profound grief I regret to inform the sad demise of Shri Anil Divan Sr Adv father of Mr Shyam Divan Sr Adv who left for heavenly abode. It is a great loss to the SCBA & the legal institution. The cremation...

Re-Cross Examination Of Witnesses Is Permissible After Evidence Is Closed: MP HC [Read Order]

The Madhya Pradesh High Court held re-cross examination of the witnesses under Order 18 and Rule 17 of Civil Procedure Code after evidence is closed is permissible in a civil suit.The court set aside the order of trial court that rejected an application of the petitioner filed under Order 18 and Rule 17 of Civil Procedure Code (CPC) for re-cross examination of the witness (Mahant...

Parental Control Different From Illegal Custody: Madras HC [Read Judgment]

The High Court of Madras recently upheld the decisions of the Courts which supported the view that parental authority, barring a few exceptions, would “out of bounds for a writ court, because it is exercised for the ultimate benefit of the ward.” “According to the petitioner, he is sister's son of respondent No.3. In the light of the decisions stated supra, vis-a-vis parent and sister's...

Bombay HC Takes Suo Motu Cognisance Of Newspaper Article Regarding Lack Of English Translation Of Portuguese Civil Code [Read Order]

The Goa bench of the Bombay High Court has taken suo motu cognisance of an article published in a local daily entitled Constitutionalism and Judicial lapse in Goa and converted it into public interest litigation.The subject of this suo motu PIL would be the non-availability of official translation of the Portuguese Civil Code of 1869, the bench of Justice Anoop Mohta and Justice Nutan...

Justice Hemant Gupta Takes Oath As New Chief Justice Of Madhya Pradesh High Court

The newly appointed Chief Justice of Madhya Pradesh High Court Hemant Gupta was administered the oath of office by Madhya Pradesh Governor O P Kohli in a ceremony held in Raj Bhawan at Bhopal on Saturday.Justice Gupta was earlier the officiating chief justice of the Patna High Court.He succeeds Justice Rajendra Menon who served as the acting chief justice of MP High Court since May...

Bombay HC Seeks Details Of Convicts In Gujarat Riot Victim's Gang-rape Case

The Bombay High Court on Friday sought details of convicts in the Gujarat riot victim's gangrape case.The court told the CBI to submit a chart detailing the names of convicts and the amount of time they have already spent in jail. It said this would help them in passing the judgment that was reserved in November last year.A division bench of Justice VK Tahilramani and Justice Mridula Bhatkar...

Metro Tyres-MRF: ASCI Can Entertain Complaint By Member Against Non-Member: Delhi HC [Read Judgment]

Provisions of Copyright Act/Trade Mark Act do not oust the jurisdiction of any self-regulatory body as ASCI, the court said.Dismissing a suit by Metro Tyres against MRF seeking to restrain the Advertising Standards Council of India (ASCI) from assessing or proceeding with the complaint filed against it by MRF, the Delhi High Court has held that the ASCI can entertain a complaint by a...

Narada Sting: Calcutta HC Orders CBI Probe [Read Judgment]

The Calcutta High Court on Friday has directed the CBI to conduct a preliminary inquiry into Narada sting operation in which many Trinamool Congress leaders were allegedly found taking bribe.A division bench comprising Chief Justice Nishita Mhatre and Justice T Chakraborti directed the CBI to conduct a preliminary inquiry without any delay and in execution thereof, to take custody of the...

Kerala DJ Selection Row Reaches Governor’s Doors; Sathasivam Urged Not To Approve List

The row over “arbitrary and illegal” procedure followed in the selection of Kerala District and Sessions Judge took a new twist with two applicants who claimed they were victims of the process and were wrongly left out sending a representation to the Governor P Sathasivam seeking his intervention.In the representation to Sathasivam who is also a retired Chief Justice of India, the...

Plea Seeking FIR Registration Not Maintainable If Statutory Remedies Aren’t Availed Of: MP HC [Read Order]

The Madhya Pradesh High Court has dismissed a petition as not maintainable since the petitioner did not avail of alternate remedies before approaching the court for direction to command the police to perform its statutory duties.The petitioner sought direction to the police to lodge an FIR against Chief Minister Shivraj Singh Chouhan (respondent no.5) and Gurdwara Committee (Bhopal)...

Review ‘In Person’ After Instructing Counsel To ‘Not Press’ Petition: Delhi HC Slams Jamia Millia Professor [Read Judgment]

The Delhi High Court has dismissed plea of an assistant professor in Jamia Millia Islamia University challenging the disciplinary proceedings against him in relation to a sexual harassment complaint filed by one of his students against him.He was imposed the penalty of withholding of two increments with cumulative effect and scrutiny of his conduct during the next five years. Challenging...