High Courts Weekly Round-up

Allahabad High CourtFrame ‘funding’ policyIn a significant decision, the Allahabad High court, in the matter of delay in Funding of private unaided schools, directed the State Government to frame its policy regarding funding of unaided private schools falling under the Right to Education Act.Bombay High CourtOvernight access to father of a kid stayedBombay High Court on Monday stayed an...

Invocation of bank guarantee cannot be restrained unless fraud, irretrievable injury/injustice or special equities is proved: Delhi HC [Read Judgment]

In a recent judgment, Division Bench of Delhi High Court has ruled that invocation of a bank guarantee cannot be restrained unless fraud, irretrievable injury/injustice or special equities is proved.“Since none of the three mandatory pleas, fraud, irretrievable injury/injustice or special equities has been pleaded, the respondent no. 1 is not entitled to any order of restraint from...

A Judge should approach the Judgment with delivery pain: Justice P. Devadass

Emphasizing that writing/producing a Judgment is an essential function of a Court, Justice P. Devadass of the Madras High Court observed that, “Writing Judgment is an art. A Judge should approach the Judgment 'with delivery pain'. So much importance is attached to the Judgment of a Court. A civil Court decree must follow the Judgment. It should not be putting the cart before the...

United States Appeals Court for Ninth Circuit unanimously upholds California Death Penalty [Read Judgment]

United State Appeals Court for Ninth Circuit on Thursday unanimously upheld death penalty in California, overturning the District Court’s judgment.The State of California authorizes the execution of a capital prisoner only after affording a full opportunity to seek review in state and federal courts. Judicial review ensures that executions meet constitutional requirements, but it also...

Law Lecture in Memory of Legend in Law- Justice Krishna Iyer

Remembering late Justice V R Krishna Iyer, his Sarada Krishna Sadgamaya Foundation for Law and Justice will conduct its first memorial law lecture at Kochi on 28th November, 2015. Supreme Court Judge, Hon’ble Mr Justice J. Chelameswar will deliver the law lecture at 10.30 AM at High Court, Kochi. The topic for the lecture is "Supreme Court- Structural and Jurisprudential Problems". ...

IPAB Order to remove trademark “Rally” for fans quashed by Madras HC; directs IPAB to reconsider the case [Read Judgment]

In a Writ Petition filed by Bangaluru-based M/s.Mahavir Home Appliances the Madras High Court Division Bench comprising of Chief Justice Sanjay Kishan Kaul and Justice Pushpa Sathyanarayana quashed an order of the Intellectual Property Appellate Board (IPAB) issued in 2012 which directed the Registrar of Trade Marks to remove the trademark ‘Rally’ for fans owned by the firm Mahavir...

Indian barrister SK Varma disbarred for backing Indian independence, reinstated posthumously at Inner Temple

Indian barrister Shyamji Krishna Varma (1857-1930) has posthumously been reinstated at London’s famed Inner Temple, after being disbarred for advocating independence for India.Mr. Varma had been expelled for writing letters to the Times for arguing for Indian home rule. The Inner Temple was quoted as saying, “The Benchers of the Inner Temple decided that Varma should be reinstated as a...

Supreme Court of Ohio upholds Sex Offender Registration Rules

Proponents consider registration to be a more economical method of monitoring and preventing recidivism than the costly alternative of imprisonment, the court said.Supreme Court of Ohio has turned down that challenge against the sex-offender-registration and address-verification requirements imposed on the persons convicted of Sex crimes. Dismissing the appeal filed by one Travis Blankenship,...

Kalyani Kaul, Barrister of Indian-origin sworn in as Judge in UK

Kalyani Kaul (aged 54), a prominent Barrister of Indian-origin who has handled high-profile cases, has been sworn in as a Circuit Judge in the UK.Kaul, known for her extensive and wide-ranging experience in heavy-weight criminal defence work, has prosecuted offences of murder, manslaughter, serious sexual offences and fraud. Post her swearing in, Kaul is set to take over as Circuit Judge in...

Madras HC DB upholds dismissal of Law Students for sending obscene messages to Lady Professor [Read Judgment]

“If the persons, like petitioners are allowed to become lawyers, a situation may arise, where woman members of the Bar cannot attend the Court and the entire system will be ruined. Wonders may also happen in this country and we cannot predict, who will be elevated to the level of Judge and if such kind of persons is elevated, people will definitely lose their faith in the justice...

Promoting Obscenity; Bombay HC quashes Criminal Proceedings against Mallika Sherawat [Read Judgment]

In my opinion, it was the duty of the Magistrate first to verify  whether those films had certification from the Censor Board or not, the Court said while quashing the Criminal proceedings against Mallika Sherawat. Bombay High Court has quashed criminal proceedings against Bollywood Actress Mallika Sherawat in a case accusing her of promoting obscenity through films. Justice AB Chaudhary...

Three and a half year old child is too young to be given in overnight access to father: Bombay HC [Read the Order]

Bombay High Court on Monday stayed an order of interim relief granted by the Family Court, taking into consideration the age of the child while granting overnight access to the father.The mother had challenged the order dated November 6, 2015 passed by Family Court, Mumbai, granting overnight access to the custody of a 3 year old child to the husband for a period of 10 days from November 9...