High Courts Weekly Round-up

Allahabad High CourtThe Allahabad High court held that a person can be detained under the National Security Act for a single criminal case alone and even if no criminal case is registered. Division bench of Justices Bala Krishna Narayana and Vijay Lakshmi dismissed the Habeas Corpus petition filed by one Pankaj, praying for his release from detention. His prayer for quashing the detention...

Bobbie Cheema-Grubb QC: First Asian woman to become a High Court Judge in Britain

One of the most senior prosecuting barristers in the country, Bobbie Cheema-Grubb QC, has become the first Asian woman to become a High Court Judge in Britain.The mother-of-three currently works as a Senior Treasury Counsel, and she will take up her new post on 23rd November 2015, in the Queen's Bench Division, dealing with negligence, defamation, personal injury and land...

Condom is not a medicine : Madras High Court [Read Judgment]

Madras High Court, adopting the Delhi High Court judgment has held that condoms are not medicines. The Delhi High Court had held that the fixation of the ceiling price for condoms under Paragraphs 4, 6 and 14 of Drugs (Prices Control) Order, 2013 is impermissible under law. A Division bench of Chief Justice Sanjay Kishan Kaul and Justice S.Sivagnanam observed that no Special Leave Petition...

Bombay HC directs Sony Music and Magna sound to hand over repertoire to the Liquidator on Asha Bhosle's Petition

Bombay High Court Single Judge, S.J. Kathawalla, while adjudicating upon a Company Petition filed by singer Asha Bhosle, struck down the agreement assigning the rights of repertoire of Magnasound India Ltd. to Magnasound Media Pvt. Ltd. and directed the latter to hand over the repertoire, including the masters to the Official Liquidator of M/s. Magnasound India Ltd forthwith. It directed...

Evict the Street Hawkers, directs Bombay High Court [Read Judgment]

The Bombay High court has made it quite clear that, hawkers who prepare food on the streets, lanes and pavements in the city has to evict the street within two months. It has ordered the Municipal Corporation of Greater Mumbai to evict the hawkers.The order was passed by the division bench of Justices Abhay Oka and Revati Mohite-Dere on petitions filed by Vile Parle Kelvani Mandal and...

Ordering Investigation U/S 156 (3) Cr.P.C is a revisable order; Bombay High Court [Read Judgment]

The Bombay High court held that the ordering investigation u/s 156(3) of the Code of Criminal procedure, not being an interlocutory order, butbeing a final order in a proceeding u/s 156(3) of the Code, is revisable under the revisional powers of the Sessions Court or the High Court. The division bench of Justices A.B. Chaudhari & Indira K. Jain declined the request of the petitioners...

New Dress Code for Staffs in MP and Kerala High Courts

The Registrar General of Madhya Pradesh High Court Shri.Ved Prakash Sharma issued a direction forbidding “colourful clothes” including jeans and T-shirts by its staff during working hours. It has hardly been a fortnight since the Registrar General of Kerala High Court issued a circular directing its women staff, attending Bench duties, who wish to cover their head, to wear black...

BREAKING; President Promulgates Constitution of Commercial Courts and Arbitration and Conciliation (Amendment) Ordinances [Read Full Text of Ordinance]

The President of India has promulgated two ordinances today- one for constitution of commercial courts and another to amend the Arbitration and Conciliation Act 1996 One of the ordinances provides for the constitution of Commercial Courts, Commercial Division and Commercial Appellate Division in the High Courts for adjudicating commercial disputes of specified value and for matters...

Institutional Competence and Institutional Integrity, must for Constitutional Posts : Allahabad HC [Read Judgment]

The Allahabad High Court has held the appointment of UPPCS Chairman Anil Yadav for being ultra vires of the Constitution of India.Hearing the PIL, Dr. D.Y. Chandrachud CJ. gave a tongue lashing to the State Government for subverting the Constitutional Requirement of Article 316 of the Indian Constitution and overlooking the requirement of Competency and Integrity for a Constitutional...

FMGE Screening Test does not apply in regard to the Postgraduate Medical Qualification: Allahabad High Court [Read Judgment]

In a significant decision, the Allahabad High court has turned down the writ petition filed by the Petitioner asserting a right that a screening test should be held for assessing the validity of the postgraduate qualification obtained by her from Nepal under Section 13(4A) of the MCI Act, 1956.The division bench of Allahabad High Court (ACH), in Dr. Astha Midha vs. Union of India, Through...

Former High Court Judge Reva Khetrapal is Delhi’s new Lokayukta

Former Delhi High Court Judge Reva Khetrapal was chosen unanimously for the post of Delhi’s new Lokayukta on Tuesday by a four-member panel comprising Lt Governor Najeeb Jung, Chief Minister Arvind Kejriwal, Chief Justice of Delhi High Court G Rohini and Leader of Opposition leader in Delhi Assembly Vijender Gupta.Jung will recommend the 63-year-old judge’s name to President Pranab...

An Arbitrator can be substituted on recusal/withdrawal of earlier Arbitrator unless the Rules specifically prohibits; Supreme Court

Interpreting the provision for appointment of substitute Arbitrator under Section 15(2) of the Arbitration and Conciliation Act, 1996, the Supreme Court in Shailesh Dhairyawan vs Mohan Balkrishna Lulla, held that Section 15(2), regulates appointment of a substitute arbitrator, and requires that such an appointment shall be made according to the rules which were applicable to the appointment of...