High Courts Weekly Round-Up

Allahabad High CourtThe Allahabad High Court held that non-payment of pension constitutes a continuing wrong, and delay and laches or limitation will not thwart the claim. The Division Bench set aside the order of Single Bench which had dismissed the Writ petition on the ground of latches.The High Court reiterated that no person shall be allowed to use personal identification names and marks...

Delhi HC dismisses plea seeking cancellation of R.K. Pachauri’s anticipatory bail in sexual harassment case

The Delhi High Court on Friday dismissed a plea seeking cancellation of anticipatory bail granted to former TERI Executive Vice Chairman R.K. Pachauri, who is accused in a sexual harassment case by a former employee.Dismissing the petition, Justice S.P. Garg observed “Petitioner’s counsel has failed to impress as to for what purpose, custodial interrogation of the petitioner is...

Former Judges, Senior Lawyers write to CJI demanding suo motu action against Hate Speech

In an impassioned plea to the Judges of the Supreme Court of India, a faction of former Judges, jurists, scientists, police officers and businessmen have demanded that suo motu constitutional action be taken on the issue of the “alarming and threatening statements being made by persons currently in power constitutional positions within the union government.” The signatories include...

New Aadhaar Bill introduced as money bill in Lok Sabha [Read the Bill]

The National Democratic Alliance (NDA) Government on Thursday introduced the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Bill, 2016, in the Lok Sabha as a money bill, amidst opposition from Congress and the Biju Janata Dal.Read the Bill here The Bill seeks to provide statutory basis to Aadhaar, providing for “good governance, efficient, transparent,...

Tamil Nadu Judge serves memo on female Court staff for not washing innerwear

In an appalling revelation, a lower Court Judge in Erode has reportedly served a memo on a Court staff, demanding an explanation for not washing undergarments at his house, and for snapping at his wife in an arrogant tone.The memo, dated February 1, 2016 and signed by subordinate Judge D. Selvam of Sathyamangalam Court, states, “Please explain within 7 days why disciplinary action should not...

Himachal Pradesh HC asks State to ‘waive off’ farmer’s loan [Read Order]

High Court of Himachal Pradesh has asked the state to provide a mechanism to waive off the loans of farmer at least to the extent of Rs.50, 000. Division Bench comprising of Justices Rajiv Sharma and Sureshwar Thakur made this observation while hearing a petition filed by Bhartiya Govansh Rakshan Sanverdhan Parishad.Read the Order hereThe Court observed that the farmers in the state are...

Writ cannot be issued to Government to prefer a claim against a foreign Country in International Court of Justice: Kerala HC [Read Order]

A writ of Mandamus cannot be issued to the Union of India directing a foreign country to pay compensation before International Court of Justice , is the dictum laid down recently by the Kerala High Court in Margaret D’cruz v Union of India & others [W.A No:1271 of 2013] The petitioner's husband, Mr Wilfred D'Cruz, was employed as telex Operator in Riyadh (Saudi Arabia) in a company...

Gujarat HC reproaches Sessions Judge for passing one liner orders [Read Order]

Gujarat High Court has reproached a Sessions Judge for passing one line orders without assigning any reasons. Justice A.J Desai also asked the Sessions judge not to decide any such application in future by one line orders.The court made this observation while disposing of a bail application of an accused who had applied for temporary bail on the ground to perform after death rituals of...

Supreme Court Summarizes Law On Mitakshara Joint Family Property, Prior To 2005 Amendment [Read Judgment]

Supreme Court, in Uttam vs. Saubhag Singh, has summarized the law governing the Mitakshara joint family property, prior to the amendment of 2005.Apex Court bench comprising of Justices Kurian Joseph and R.F. Nariman was hearing an appeal arising from a suit for partition, which was dismissed both by Trial Court and the High Court, holding that the date of the birth of the plaintiff in 1977...

State treating requirements of judiciary as non-sovereign private requirements rather than institutional essentials; Bombay HC

Courts cannot function in buildings meant for municipal markets: Bombay HC warns to stay Shivaji statue project if Mazgaon court building construction is not expedited. The buildings in which the Courts are housed are old and dilapidated. One cannot expect the Courts of law to function in buildings meant for municipal markets, the Bench said. Bombay High Court, expressed its displeasure...

High Court of Kerala directs stringent action against customized modification of vehicles [Read Judgment]

The High Court of Kerala in Francis M.C v State of Kerala and Others[W.P(C)No:7045/2016], has directed the State transport department and State police machinery to take stringent action against those persons who ply motor vehicles with customized modifications in violation of motor vehicle act/rules. The customized modifications pertain to the alteration of motor cycle parts like removal...

Undue leniency in awarding sentence needs to be avoided, says Supreme Court [Read Judgment]

Supreme Court, in State of M.P. vs. Udaibhan, has observed that undue leniency in awarding sentence needs to be avoided because it does not have the necessary effect of being a deterrent for the accused and does not re-assure the society that the offender has been properly dealt with.Apex Court Bench comprising of Justices Dipak Misra and Shiva Kirti Singh was hearing the Appeal filed by...