Bombay HC Orders Demolition Of Illegal Shrines That Block Pathways, Streets [Read Judgment]

The Bombay High Court has observed that construction of illegal shrines on pathways and streets is in no way integral part of any religion, so as to be protected under Article 25 of the Constitution.The court also slammed the authorities for their non-compliance with the government resolution directing demotion of illegal shrines. The authorities have been given an extension till year end...

Complainant Can’t Approach HC For Registering FIR Without Exhausting Remedies Under CrPC: Madras HC [Read Judgment]

If the police officer does not register FIR within one week from the date of receipt of the magistrate's order, the magistrate shall initiate prosecution against him, the Court said.The Madras High Court has recently held that a petition for a direction to register an FIR on the complaint of the petitioner is not maintainable before the high court if the petitioner has not exhausted...

Delhi HC Upholds Conviction Of 60- Yr-Old For Assaulting Minor [Read Judgment]

The appellant who was involved in various other criminal cases, dared to outrage the modesty of an unsuspecting innocent tiny girl aged around eight years taking advantage of her loneliness. The accused deserves no leniency, it said.The Delhi High Court in Raman Kumar v. State upheld the conviction of 60-year-old Raman Kumar for assaulting a minor girl aged 8 years, and his sentence to...

Annamalai University Not State-Run; Can Fix Fee On Its Own: Madras HC [Read Judgment]

The Madras High Court has held that Annamalai University is not a government university and, thus, the Capitation Fee Act 1992, will not apply to the university.Dismissing an appeal against a Single Bench order, preferred by 149 students of the university, the Division Bench comprising Justice Huluvadi G. Ramesh and Justice M.V. Muralidaran also observed that the university will not come...

High Courts Weekly Round-Up

Allahabad High CourtThe Allahabad High Court in Sher Singh @ Sheru vs. State of UP dealt with the issue of claim of juvenility raised by the accused when proceedings were underway. The Bench decided that the right of an accused to raise the issue of juvenility cannot be denied by dismissing the writ petition as infructuous and, in case the writ petition in question has been filed though...

Tibetans Born In India Between 1950 And 1987 Are Indian Citizens: Delhi HC [Read Judgment]

The High Court of Delhi recently ruled that nationality of Tibetans born in India between 1950 and 1987 cannot be questioned under the Citizenship Act and directed the government to treat all Tibetans who meet the criteria of being Indian citizens by birth, as Indians and to issue them passports.“It is not understandable as to how such a view could be taken by the Respondents in view of...

SC Refuses To Stay P & H HC Judgment Quashing Parliamentary Secretaries Appointment

The Supreme Court has refused to stay the Judgment of Punjab and Haryana High Court which had quashed the appointments of 18 Chief Parliamentary Secretaries in Punjab.The Bench headed by Justice Madan B. Lokur has issued notice on the special leave petitions preferred by the Punjab Government, adding that this case will be listed with a similar appeal moved by the West Bengal government...

Kamlesh Tewari’s Detention Under NSA Quashed [Read Judgment]

The Allahabad High Court has quashed the detention order of Kamlesh Tewari for his alleged derogatory remarks against a prophet under the National Security Act.A Division Bench of Justice Anant Kumar and Justice Shri Narayan Shukla heard the Habeas Corpus petition filed by him through his wife, allowed it, by observing that the state government failed to follow the provisions of the proviso...

Mere Reference To Homosexuality Or Sexual Acts Not Obscene Or Vulgar: Kerala HC [Read Judgment]

Kerala High Court Asks Censor Board To Review Decision To Ban Jayan Cherian’s ‘Ka Bodyscapes’.It said that by just looking at one or two scenes or expressions in the film, it cannot be said that the film offends religious sentiments or that it is vulgar and obscene.Setting aside an order by censor board banning a film, the High Court of Kerala in Jayan Cherian vs. Union of India &...

Madras HC Rejects PIL Alleging Lack Of Safety Distance Between Fireworks Units At Sivakasi [Read Order]

The Madras High Court rejected a public interest litigation challenging the issue of licences to certain fireworks units despite their alleged violation of safety norms stipulated under the Explosive Rules 2008.The PIL was filed by one P. Eswarasamy against certain fireworks units at V. Chockalingapuram at Sivakasi taluk in Virudhunagar district, alleging that the units did not maintain...

Patna HC Quashes Levy Of Entry Tax On Goods Brought To Bihar By E-commerce Sites [Read Judgment]

The Patna High Court in Flipkart Services Pvt. Ltd. vs. State of Bihar and WS Retail Services Pvt. Ltd. vs. State of Bihar declared entry tax levied on goods brought in through e-commerce sites as ultra vires to the Constitution.The bench comprising Chief Justice Iqbal Ahmed Ansari and Justice Chakradhari Sharan Singh said the provisions under the Bihar Finance Act, 2015, under...

Delegation Of Powers: Delhi HC Issues Notice To Consumer Affairs Dept, ASCI

The Delhi High Court in Pratham Education vs Department of Consumer Affairs and Ors (WP No. 3890/16), in a writ petition challenging the competence of the Department of Consumer Affairs in delegating and conferring authority on the Advertising Standards Council of India (ASCI), has issued notices to the respondents.The ASCI is a company incorporated under Section 25 of the Indian Companies...