Challenge Against Collegium System: Kerala HC Directs Centre To Make Available MoP Governing HC Judges’ Appointment

The single bench of the Kerala High Court has directed the Union of India to make available the memorandum of procedure (MoP) governing the appointment of judges of high court for considering the correctness of the objection raised by the Registry as to the maintainability of the writ petitions filed by Jacob Samuel and P Bijimon.Posting the matter of hearing, the above order was issued...

High Courts Weekly Round-Up

Allahabad High CourtThe Allahabad High Court recently observed that the ‘character’ of a rape victim was still not an ‘absolutely irrelevant’ circumstance in a rape trial.Much to the cheer of Delhi-Noida commuters, the High Court scrapped the Delhi-Noida Direct (DND) flyway toll on Wednesday and ruled that the concessionaire, Noida Toll Bridge Company, shall not impose any user...

Not Living Close To Spouse Doesn’t Violate Fundamental Or Civic Rights: Karnataka HC [Read Judgment]

It is trite to state that the petitioner cannot claim that right to have his wife transferred near his residence is a civil or fundamental right. Therefore, the petitioner is not justified in claiming that her non-transference to another place would violate his civil or fundamental right, the court stated.The Karnataka High Court in Sri Shreeshail Mudakappa vs The Chief Secretary, has dismissed...

Delhi HC Dismisses Plea Against Auction Of Taj Mansingh Hotel, Indian Hotels To Move To SC

The Delhi High Court’s division bench comprising Justice Pradeep Nandrajog and Justice Pratibha Rani in Indian Hotels Company Ltd (IHCL) vs. New Delhi Municipal Council (NDMC) has dismissed the plea of IHCL for a permanent injunction against public auction of Taj Mansingh Hotel.According to the collaboration agreement, the NDMC bore the cost for construction of the building while the cost...

Right To Form Governing Body In Minority Educational Institution Lies With Management, Not With University: Patna HC [Read Judgment]

The Bench has declared S.60(1) of Bihar State Universities Act, 1976 and, the proviso to Para 1 of the statute No. 32 of the University framed under the above Act, as unconstitutional, to the extent it applies to a minority educational institution, being violative of Articles 30(1) of the Constitution of India. A Division Bench of Patna High Court has declared Section 60(1) of the Bihar...

Bombay HC Directs College Students Accused Of Sexual Assualt To Do Social Work To Quash FIR

A division bench of the Bombay High Court has agreed to quash an FIR against five college students who were accused under various Sections under Indian Penal Code and Section 8 of the Protection of Children from Sexual Offences Act, 2012 (sexual assault) in exchange for a fine and some cleaning work in the Badlapur Municipal Council. The alleged victim is a 17 year old who is studying...

False Allegations Of Sexual Perversity Against Husband Amounts To Cruelty, A Ground For Divorce: Delhi HC [Read Judgment]

The Delhi High Court has dismissed a petition against an order of dissolution of marriage and ruled that allegations of sexual perversity against a spouse amount to mental cruelty, justifying a decree of divorce.The wife had challenged order of the family court, whereby the marriage between the parties was dissolved. The couple, who entered into wedlock in 2004, gave birth to a daughter the...

Citing SC Bar, Delhi HC Rejects Plea Of Coal Scam Accused Against Framing Of Charge [Read Judgment]

The High Court of Delhi on Thursday dismissed a petition challenging a Special Court order framing charges against Director of Gagan Sponge Iron Private Ltd (GSIPL) Mr. Girish Kumar Suneja in a Coal block allocation case.The High Court relied on the Supreme Court order dated July 14, 2014, wherein the Apex Court had made it clear that challenges to Special Court’s orders in the Coal Scam...

Bombay HC Sets Aside ONGC Blacklisting Order Against JK Surface Coatings [Read Judgment]

The Bombay High Court has set aside a ban order issued by Oil and Natural Gas Corporation Ltd (ONGC) against JK Surface coatings, a company that specialises in corrosion resistant coating application in India.By an order dated April 25, 2013, a ban was imposed by ONGC against the company for a period of three years.At first he ONGC issued a show cause notice to the company observing that...

Alcohol Content: Patna HC Lifts Licence Ban On Ayurvedic, Homeo Medicine Manufacturers [Read Judgment]

The Patna High Court has quashed the Bihar government order that prohibited issuance of licence to manufacturers of ayurvedic, homeopathic and other indigenous system of medicines containing alcohol. The notification was issued owing to prohibition in the state.A division bench of Chief Justice Iqbal Ahmad Ansari and Justice Samarendra Pratap Singh set aside the government order, stating that...

Private Practices By Medical Practitioners Not Commercial Establishments: Bombay HC [Read Judgment]

The Bombay High Court in Indian Medical Association vs. State of Maharashtra, has made the rule absolute that private practices set up by medical practitioners are not be considered as ‘commercial establishments’.The judgment delivered by a division bench comprising Justice Vasanti A Naik and Justice Indira Jain favoured the petitioner, in this case the IMA, that sought for a declaration...

Bombay HC Dismisses Plea Challenging Motor Transport Workers’ Act [Read Order]

The Bombay High Court has refused to strike down provisions of the Motor Transport Workers’ Act, 1961, as unconstitutional.A division bench of Chief Justice Manjula Chellur and Justice MS Sonak pronounced its judgement in a matter where the Brihanmumbai Electric Supply and Undertaking (BEST) Workers’ Union had challenged the second proviso of S.13 and S.16(1) of the said Act as being...