High Courts Weekly Round-Up

Delhi High CourtThe Court also suspended a disciplinary action against a student, which had debarred him from entering the college premises, attending classes, from participation or representing the college in any of its activities, and to appear in the university/ college examinations, for one year. The Court, taking note of the young age, suspended the punishment imposed by the Principal...

Consent of the accused or his counsel to take down the evidence in their absence is not permissible: Orissa HC [Read Judgment]

Neither the prosecution nor the accused had any right to make an agreement which would be contrary to the express provisions of law. The consent of the accused or his counsel to take down the evidence in course of trial in their absence is not permissible in the eye of law, the bench said.Orissa High Court has held that the consent of the accused or his counsel to take down the evidence in...

Fundamental Right of birds to fly: SC issues notice on PIL challenging Guj HC order

A three-Judge bench of the Supreme Court on Friday issued notice to the Gujarat Government on a Petition challenging a Gujarat High Court order that had declared it is the Fundamental Right of birds to live freely in open sky.The petitioner, Pet Lovers Association, represented by Senior Advocate Salman Khurshid, has contended that the High Court order is a flawed one and that there are laws...

Advocates should not be ‘fence eating the grass’- should not impede smooth functioning of Courts; Madras HC [Read Order]

The Advocates, should not be 'fence eating the grass'. They should not impede the running of the Courts, place bottlenecks on the road to justice, ­the Court said.Madras High Court has closed the Suo motu contempt petition initiated against four Advocates for disrupting the Court proceedings in a District Court, after they submitted their unconditional apology as affidavits.The court...

Delhi HC dismisses challenge against age-determination procedure under Juvenile Justice Rules [Read Judgment]

Despite the slight variation in the preference to be given to the evidence that is required to be produced for determination of age between the Model Rules and the State Rules, the JJBs in Delhi are required to follow the procedure prescribed in the State Rules only, the Court clarified dismissing the challenge against age determination procedure in Juvenile Justice rules.Delhi High Court...

Delhi HC turns down challenge to Section 129 of Railways Act, directs Govt. to update upper limit of compensation [Read Judgment]

It is obligatory on the part of the Central Government to update the amount of compensation taking into consideration the substantial change in the money value and the impact it has caused in the cost of living, the Court said while disposing of the PIL.Delhi High Court has turned down the challenge against Section 129 of the Railways Act which confers power on the Central Government to...

Slamming Gender Discrimination, SC moots permanent Commission for women Navy officers of all branches [Read Order]

The Supreme Court has slammed the Indian Navy for gender discrimination, unreasonable classification and strongly favoured permanent commission for women officers in all wings after they complete their short service commission.Navy’s September 26, 2008 rule offered permanent commission to women officers who joined after the date but only in education, law and naval architecture...

A wife can be ‘aggrieved person’ for the purpose of DV Act even after Judicial Separation: Supreme Court [Read Judgment]

The finding recorded by the courts below which have been concurred by the High Court that the parties having been judicial separated, the appellant wife has ceased to be an “aggrieved person” is wholly unsustainable, the Apex Court bench said.A lady who has been fighting to get her ‘Stridhan’ back, from her husband and relatives, finally gets relief from Supreme Court. The...

Kerala Government move to sabotage RTI Act [Read Circular]

The Government of Kerala has issued a Circular to all public authorities in the State to bring amendments in the Right to Information Act, 2005.  The circular has sought for data regarding RTI Applications received by various departments in the State including the difficulties faced by various Government departments in case of irrelevant/ fake RTI Applications. The Secretary to Government...

Living separately from family to pursue political ambition is desertion ; Orissa HC upholds divorce granted to husband from politician wife.[Read Jt]

The conduct of the wife in leaving the company of her husband and their small children and living separately for so many years since 2007 for pursuing her political ambition clearly indicates that she had deserted the respondent without reasonable cause and without his consent and against the wish of the respondent, the Court said while upholding the divorce.Orissa High Court has upheld...

Government of India notifies Nov 26 as the “Constitution Day”

The Government of India has decided to celebrate the 26th day of the November of every year as the "Constitution Day."The Ministry of Social Justice and Empowerment published notification with respect to this in the official gazette today.The notification says that by celebrating constitution day the government seeks to promote constitutional values among citizens. The nation is also...

Dr. Ambedkar Government Law College, Chennai conducts examination despite declaration of 4 day holiday in Chennai

Regardless of the declaration of a four day holiday in the district, Tamil Nadu Dr. Ambedkar Government Law College, Chennai remained open for University examination on Thursday.The holiday had been declared by Chennai District Collector from November 19 to 22, due to floods with continuous rainfall for more than 24 hours in many parts of Tamil Nadu.Many students were reportedly uninformed of the examinations. Responding to the incident, an official from the Chennai Collectorate was quoted as...