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High Courts Weekly Roundup [August 9, 2021 To August 15, 2021]
Live Law News Network
15 Aug 2021 3:26 PM GMT
![High Courts Weekly Roundup [August 9, 2021 To August 15, 2021]](https://www.livelaw.in/h-upload/2021/05/09/750x450_393154-high-courts-weekly-roundup-1.jpg "High Courts Weekly Roundup [August 9, 2021 To August 15, 2021]")
Allahabad High Court Collusion In Bail Hearing Through Forged Vakalatnama : Allahabad High Court Deplores 'Downfall In Moral Values' Of Advocacy [Javed Ansari v. State of Uttar Pradesh] In a bail hearing before the Allahabad High Court, it was revealed that the advocates appearing on behalf of the accused and the complainant were acting in collusion, wherein the counsel for...
Allahabad High Court
Collusion In Bail Hearing Through Forged Vakalatnama : Allahabad High Court Deplores 'Downfall In Moral Values' Of Advocacy [Javed Ansari v. State of Uttar Pradesh]
In a bail hearing before the Allahabad High Court, it was revealed that the advocates appearing on behalf of the accused and the complainant were acting in collusion, wherein the counsel for the complainant had filed forged vakalatnama at the directions of the counsel for the accused. The counsel for the accused had 'arranged' a forged vakalatnama and engaged a lawyer to represent the accused to record no-objection to grant bail.
Justice Sanjay Kumar Singh noted that the said action by long-standing counsels is highly deplorable, attacking the sanctity of the profession and the institution. As a remedial measure, the Court noted that a self-attested copy of any identity proof (preferably Aadhar Card) mentioning the person's mobile number should also be filed along with the Vakalatnama.
Cutting Beef Due To Poverty, Unemployment Or Hunger In Secrecy Not 'Public Order' Issue: Allahabad HC Quashes NSA Detention [Parvez Thru His Brother Imran v. State Of UP]
A Bench of Justice Ramesh Sinha and Justice Saroj Yadav quashed a detention order passed under the National Security Act, 1980 against 3 men who have been accused of cutting small pieces of beef for selling purposes in a house in secrecy. It observed that the case of the petitioners/detenues of cutting cow beef in pieces in the secrecy of their own house can at best be described as a matter affecting law and order and not public order.
"…the petitioners and co-accused were mutely arrested when they were found cutting beef in the wee hours of the morning in the house of the petitioners. We also do not know whether the cause was poverty, lack of employment or hunger, which may have compelled the petitioners and the other co-accused to take such a step," observed the Court.
Specify Steps Taken To Control Noise Pollution Through Two, Four Wheelers With Modified Silencers: Allahabad HC Asks UP Govt [Noise Pollution Thru Modified Silencers (Suo Moto)(P.I.L.) v. State Of U.P. & Ors.]
A Bench of Justice Dinesh Kumar Singh and Justice Ritu Raj Awasthi asked the Uttar Pradesh Government to file an affidavit indicating the steps taken to control the menace of noise pollution generated through vehicles particularly two-wheelers and four-wheelers with modified silencers.
It directed the State Government, DGP, UP, Chairman, State Pollution Control Board, and Deputy Commissioner of Police (Traffic), Lucknow to file their replies and posted the matter for further hearing on August 27.
Comparing the menace of noise pollution with the legend of Hydra, the Allahabad High Court had, last month, took suo moto cognizance of Noise pollution generated through modified silencers specifically Bullet Bikes, and the other two wheelers.
A Bench of Justice Samit Gopal and Justice Pritinker Diwaker observed that the lodging of a first information report under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 even on the basis of involvement of a person in a single case, is valid and permissible. It relied on the landmark rulings of the Allahabad High Court on this subject matter to reach this conclusion.
The Court observed thus while dismissing a bunch of 12 writ petitions filed by Ritesh Kumar alias Rikki and others raising the following question: "Whether a first information report under the provisions of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 [hereinafter referred to as the 'Gangsters Act'] can be lodged and is maintainable on the basis of involvement of the petitioner(s) / accused in a single previous case."
Allahabad High Court Dismisses Plea By Lawyer Seeking Home Delivery of Liquor [Gopal Krishna Pandey v. State of U.P. & Anr.]
A Bench of Acting Chief Justice Munishwar Nath Bhandari and Justice Subhash Chandra Sharma dismissed a PIL which sought a direction to the State for framing necessary policy for home delivery of liquor. It noted that the petitioner did not cite reasons like avoiding overcrowding rather it relied on argument of increase in revenue of the State.
"Petitioner has shown its concern to increase the revenue of the State and other aspect which includes purchase of liquor even by those who may be shy in making purchase from the shop. The reasons given is not to avoid overcrowding or to maintain social distancing to follow the Covid-19 protocol rather it is for different reasons then observed by the Apex Court", said the Bench.
"No 'Printed Proforma' While Passing Judicial Orders": Allahabad High Court Asks District Judges In UP To Inform Judicial Officers [Pankaj Jaiswal v. State of UP & Anr.]
A Bench of Justice Shamim Ahmed directed the Registrar General to issue a circular/ memorandum to all the District Judges in the State of Uttar Pradesh intimating them to inform all the Judicial Officer not to use "Printed Proforma" in passing the Judicial Orders.
The Court directed thus while observing that the conduct of the judicial officers in passing orders on printed proforma by filling up the blanks without application of judicial mind is objectionable and deserves to be deprecated.
138 NI Act- High Court Can Nullify An Order Of Conviction Even After The Revisional Stage On the Basis Of Settlement Between Parties: Allahabad HC [Rishi Mohan Srivastava v. State Of UP]
Justice Chandra Dhari Singh held that High Court can nullify an order of conviction passed by it in a Criminal Revision in a Cheque bouncing case, by using the power under Section 482 CrPC noticing subsequent compromise of the case by the contesting parties. The Court has permitted the compounding of an offence committed under Section 138 of Negotiable Instruments Act while hearing a petition filed under Section 482 of Criminal Procedure Code.
"Merely because the litigation has reached to a revisional stage or that even beyond that stage, the nature and character of the offence would not change automatically and it would be wrong to hold that at revisional stage, the nature of offence punishable under Section 138 of the N.I. Act should be treated as if the same is falling under table-II of Section 320 IPC", said the Court.
Recording Of Victim's Statement By Audio-Video Means, By Woman Officer: Allahabad HC Directs Compliance Of Provisos To S. 161 (3) CrPC [Bulle v. State of UP]
A Bench of Justice Sanjay Kumar Singh observed that in majority of cases, 1st and 2nd proviso to Section 161 (3) CrPC, which mandate the recording of sexual offences victim's statement by audio-video means and by a women officer, are not being followed by the Investigating Officers in the true sense.
Therefore, it directed the Director-General of Police, U.P., and the Principal Secretary, Home to issue necessary directions/guidelines to all the Senior Superintendent of Police regarding the compliance of these statutory provisions within two months.
Minor Girl Allegedly Dies By Suicide In Govt Shelter Home: Allahabad High Court Seeks Details On Letter Plea Seeking CBI probe [Swadesh & Prayag Legal Aid Clinic & Ors v. State Of UP & Ors.]
A Bench of Acting Chief Justice Munishwar Nath Bhandari and Justice Rajendra Kumar-IV sought details from the Uttar Pradesh Government of death of a 17-year-old minor while she was in a Nari Niketan in Prayagraj district, a government shelter home for women. It was dealing with a letter petition seeking CBI probe into this matter, and the same has now been registered as a public interest litigation petition.
The letter petition by Swadesh & Prayag legal Aid Clinic society and 4 other filed through Advocate Gaurav, had brought to the notice of the court the alleged custodial death of the minor girl. The Nari Niketan has claimed that the Girl committed suicide on August 7, 2021 by hanging herself at Nari Niketan.
Habeas Corpus Writ At Husband's Behest To Regain Wife Not Available As A Matter Of Course: Allahabad High Court [Mohd. Ahmad & Anr. v. State Of U.P. & Ors.]
Justice Dr. Yogendra Kumar Srivastava observed that the remedy of the writ of habeas corpus at the instance of a Husband, seeking to obtain possession of his wife is not available as a matter of course. Dealing with the Husband's plea seeking production of his wife, the Court observed thus: "In view of the other remedies available for the purpose under criminal and civil law, issuance of a writ of habeas corpus at the behest of a husband to regain his wife may not be available as a matter of course and the power in this regard may be exercised only when a clear case is made out."
In this case, Petitioner no.2 (Wife) left her matrimonial home sometime in the month of June, 2019 on account of some serious differences with her husband (petitioner no.1). Thereafter, an application (presently pending) for restitution of conjugal rights was filed by the Husband. Further, claiming that sometime in the month of November, 2020, information was received by him suggesting that his wife was being detained at her parental home and thus he filed the instant Habeas Corpus plea seeking the production of the wife.
Other developments:
- Allahabad HC Asks University To Provide Sports Quota For LLM Course By Referring To India's 'Exceptional' Performance In Olympic
- "No Act Committed To Convert Victim's Religion": Allahabad High Court Grants Bail To Man In Jail For 8 Months Under UP 'Love Jihad' Law
- Controlling Crime By Making Law Is The Most Important Duty Of Legislature In Democratic Polity: Allahabad High Court
Bombay High Court
IT Rules 2021 Manifestly Unreasonable; Bring Chilling Effect On Free Speech : Bombay High Court Stays Digital Media Code Of Ethics Enforcement [Agij Promotion of Nineteenonea Media Pvt. Ltd. & Ors. v. Union of India & Anr.]
Dissent is vital for the functioning of any healthy democracy, however, the new 2021 IT Rules can have a chilling effect on freedom of speech, with a journalist or news publisher having to think twice before criticizing the State administration, said a division bench comprising Chief Justice Dipankar Dutta and Justice GS Kulkarni.
It observed thus while staying Rules 9(1) and 9(3) of the Information Technology (Guidelines For Intermediaries And Digital Media Ethics Code) Rules,2021, which mandate that digital news media and online publishers should adhere to the "Code of Ethics" prescribed by the Rules. The Court passed the interim order in the petitions filed by AGIJ Promotion Of Nineteenonea Media Pvt. Ltd , the company that runs the legal news portal 'The Leaflet' and journalist Nikhil Wagle.
Governor Has Duty To Decide On Recommendations Of Council Of Ministers For MLC Members Nomination Within Reasonable Time : Bombay High Court [Ratan Soli Luth v. State of Maharashtra]
A bench of Chief Justice Dipankar Datta and Justice GS Kulkarni held that it is the Governor's duty to speak and let the Chief Minister know his reservations regarding recommendations made by the Council of Ministers to the Legislative Council within a reasonable time; otherwise, the statutory intent would stand defeated.
The court disposed of a PIL against the Governor, Bhagat Singh Koshyari's " inaction " in nominating members to Maharashtra's Legislative Council (MLC), despite the 12 names submitted by the Council of Ministers on November 6, 2020. The bench said that eight months was more than enough time in the particular facts of the case
It observed that while directions could not be given to the Governor under Article 361 of the Constitution, it hoped that things would be set right at an early date.
Prolonged Incarceration: Bombay High Court Grants Bail To Man Accused Of Being ISIS Recruit [Iqbal Ahmed Kabir Ahmed v. State of Maharashtra]
A division bench of Justices SS Shinde and NJ Jamadar granted bail to a young man from Parbhani District of Maharashtra, accused of taking an oath of allegiance to the banned terror organisation Islamic State and booked under the Unlawful Activities (Prevention) Act.
The Court said, "… in our considered opinion, the further incarceration of the appellant, in the face of extremely unlikely situation of the trial being completed in near future, would be in the negation of the protection of life and personal liberty under Article 21. The denial of bail, in such circumstances would render the procedure not only unreasonable but unconscionable as well."
Journalist Tarun Tejpal has sought all proceedings in the Bombay High Court at Goa against his acquittal in 2013 rape case to be held in-camera and raised objections on the maintainability of the Goa Government's appeal.
Solicitor General Tushar Mehta submitted that he usually wouldn't be opposed to an in-camera prayer, but in this case, the institution has failed to impress upon potential victims of sexual violence that it would have a deterrent effect. He said potential victims may fear coming to court. "The country has the right to know how this institution (judiciary) has dealt with the girl who came before the court with the complaint, specific allegations and corroborative evidence," he said.
No Adverse Effects Of Home Vaccination On Bedridden: Bombay High Court Lauds BMC
A division bench of Chief Justice Dipankar Datta and Justice G S Kulkarni said that it was encouraging to see that not a single bedridden or immobile patient, home vaccinated for Covid-19 by the Mumbai civic body (BMC), had suffered any adverse effects following immunisation (AEFI).
It remarked that Brihanmumbai Municipal Corporation (BMC) was moving in the right direction regarding vaccination of the bedridden and immobile, and that all other civic bodies and district councils in the state should follow suit.
'Abandon Tribunal System If Not Interested in Appointing Members' : Bombay High Court To Centre On CAT Vacancies [Benkatesh Sharma vs Union of India]
Chief Justice Dipankar Datta reprimanded the Centre for failing to fill up the adjudicating members' posts to the Central Administrative Tribunal, practically rendering it non-functional. He remarked that the Centre might as well abandon the tribunal system, brought in to ease the burden of cases before the High Court if it wasn't interested in making appointments.
"Now we have been reading reports about how the Supreme Court is pulling up the Central Government for not filling up the vacant posts in the tribunals all over. Why is this happening? If you don't want the tribunal to function, don't appoint. Abandon the tribunal system of adjudication. In 1985, the Act was introduced to lessen the burden of the High Court," the bench remarked while hearing a central government employee's plea, whose challenge against his transfer wasn't taken up for several months by CAT's Mumbai Bench. It was the fourth hearing with the same complaint.
Calcutta High Court
'Display Women Helpline Number In Public Transport' : Calcutta HC Issues Directions To Ensure Women Safety, Recommends Sensitisation Programmes In Schools [Renu Pradhan v. State of West Bengal & Ors.]
A Bench comprising Acting Chief Justice Rajesh Bindal and Justice Arijit Banerjee issued a host of directions to ensure the safety and security of women and transgender persons travelling in public transport buses. The plea moved before the Court contended that women are frequently harassed and sometimes sexually assaulted while travelling in such public buses and thus sought directions from the Court in this regard.
It took into consideration the grievances raised and accordingly issued the following directions to the State, "Issue appropriate directions to all the transporters in the State of West Bengal to display the women helpline number inside and outside the buses/ public transport vehicles so as to enable any of the sufferer to lodge the complaint on the helpline, so provided. This number should also be displayed at prominent places on different bus-stands and bus stops".
Calcutta HC Pulls Up WB Govt For Inaccurate Covid Fatality Rate, Directs Priority Vaccination, Welfare Schemes For Covid Victims' Kin [Anindya Sundar Das v. Administration of High Court at Calcutta and other connected matters]
A Bench comprising Acting Chief Justice Rajesh Bindal and Justice Rajarshi Bharadwaj issued a host of directions to the West Bengal government while adjudicating upon a bunch of petitions concerning COVID-19 response and management of the West Bengal government. The matter is slated to be heard next on August 25.
It directed the State to issue a public notification pertaining to the State's Covid-19 compensation scheme for frontline workers so that the concerned stakeholders could be made aware and accordingly reap the benefits. The State was also directed to conduct vaccination drives for mentally ill and disabled persons on a priority basis.
'Judicial Remedies Denied': Calcutta High Court Orders Admin To Immediately Upgrade Existing VC Facilities In Courts [Arnab Saha v. Shri Siddhartha Roy Chowdhury & Ors]
Justice Rajasekhar Mantha directed the High Court administration to immediately undertake measures to augment existing video conferencing facilities in all Court rooms of the High Court as well as the Court room of the 15th Additional District Judge in the Alipore (South 24 Parganas).
The Court was adjudicating upon a plea seeking relief on the ground that the petitioner had been denied judicial remedies due to the absence of efficient video conferencing facilities at the Court room of the 15th Additional District Judge at Alipore.
Other developments:
- Calcutta High Court To Hear Plea Challenging Appointment of TMC MLA Mukul Roy As PAC Chairman On August 24
- Paediatrician, Support Staff, Nodal Officer Appointed To Serve In Creche Facility In HC Premises : WB Govt Informs Calcutta High Court
Chhattisgarh High Court
[Covid-19] 'Why Govt's Share In Death Claims To Deceased Lawyers' Dependents Not Released Timely?': Asks Chhattisgarh High Court [Suo Moto WP (PIL) v. State Of Chhattisgarh]
While dealing with a plea seeking relief for the families of such Advocates who have either succumbed to Covid-19 or have been infected with it, a division bench comprising of Acting Chief Justice Prashant Kumar Mishra and Justice N.K. Chandravanshi asked the State Government to explain reasons as to why its share for death claims is not being released timely.
The development came after the State Bar Council apprised the Court that out of 51 death claims, 11 dependants of deceased lawyers have been paid some amount. However, it was also submitted that necessary funds are awaited from the State Government, resulting in some delay in making payment to the remaining beneficiaries.
Delhi High Court
"Disclose Status Of Animals Of Circuses Which Have Closed Down": Delhi HC Seeks Animal Welfare Board Of India's Response On PETA's Plea [PETA v. Union Of India]
A division bench comprising of Justice Vipin Sanghi and Justice Jasmeet Singh sought response of the Animal Welfare Board of India on a plea filed by People For The Ethical Treatment Of Animals (PETA) regarding the status of animals of circuses that have closed down.
The development came after Advocate Aman Hingorani appearing for PETA, submitted before the Court that the affidavit filed by AWBI in terms of last year's order did not specifically disclose the status of such animals.
No Litigant Can Assume As A Matter Of Right Court's Power To Condone Delay, Rights Accruing To Opposite Party Need To Be Kept In Mind: Delhi HC [Bharat Kalra v. Raj Kishan Chabra]
The High Court observed that no litigant can assume, as a matter of right, the Court's power to condone delay and that the rights accruing to opposite party on account of the delayed action also needs to be kept in mind while exercising such a power.
"While it is true that the power to condone delay is intended to advance substantive justice, nevertheless, procedure cannot be given a complete go by. The powers of the court to condone delay is to be used in appropriate cases. No litigant can assume that, as a matter of right, the delay in taking steps would be condoned, because procedure is the handmaiden of substantive justice," Justice Asha Menon observed.
Delhi High Court Issues Notice On MJ Akbar's Plea Against Priya Ramani's Acquittal In Criminal Defamation Case [MJ Akbar v. Priya Ramani]
Justice Mukta Gupta issued notice on an appeal preferred by former Union Minister MJ Akbar, challenging the acquittal of journalist Priya Ramani in the criminal defamation case filed by him over the "metoo" sexual harassment allegations made by her.
The Court heard Senior Advocate's Geeta Luthra and Rajiv Nayar for the Appellant who stated that the Trial Court had erred in acquitting Ramani, even after coming to a finding that her tweets were defamatory in nature.
Removed Rahul Gandhi's Tweet Publishing Pictures Of Minor Rape Victims' Parents, Locked His Account : Twitter Tells Delhi High Court [Makarand Suresh Mhadlekar v. Rahul Gandhi & Ors.]
Social media giant Twitter today informed the Delhi High Court that it has taken down the tweet posted by MP Rahul Gandhi, allegedly disclosing sensitive details and publishing photographs of family of 9 year old victim allegedly gang-raped and murdered in Delhi Cantt area. The company also claimed to have locked Gandhi's account as it violated their policy.
A Bench of Chief Justice DN Patel and Justice Jyoti Singh was hearing a plea filed by a social activist Makarand Suresh Mhadlekar through Advocates Gautam Jha, Pankaj Kumar and Sweta Jha. They alleged that the impugned tweets are violative of the POCSO Act as well as the detailed guidelines issued by the Supreme Court in the case of Nipun Saxena v. Union of India. The plea inter alia sought a direction on Twitter to remove the said post from their social media platform.
Also Read: Twitter Seems To Have Complied With IT Rules 2021: Centre Informs Delhi High Court
Delhi High Court Denies Bail To Astrologer Who Allegedly Touched Woman Inappropriately; Stabbed Her For 'Human Sacrifice' [Arun Kumar v. State]
The High Court denied bail to an astrologer, accused of inappropriately touching a woman, who was also his client, and later stabbing her with a knife allegedly under the pretext of performing 'human sacrifice' during a puja. Justice Yogesh Khanna rejected the bail plea of the man after the prosecutrix alleged that she was cheated by him for a sum of Rs. 1.5 lakhs to improve her mother's health and also to solve her personal problems.
According to the prosecutrix, the astrologer harassed her since last one and half years and that on 4th May 2018, he took her to a Hotel in Delhi wherein it was informed by him that a Pooja will be performed lasting for about three and half hours. It was the case of the prosecutrix that the Astrologer-accused kept chanting mantras for about two hours and after giving a break, asked the prosecutrix to sit on the bed after which she was inappropriately touched by him. She also alleged that he gave a knife blow at her neck.
"Widowed Daughter Of Freedom Fighter Entitled To Benefit Of Pension Scheme As Dependent": Delhi High Court [Smt. Kolli Indira Kumari v. Union Of India]
Justice V Kameswar Rao observed that a widowed daughter of a freedom fighter is entitled to benefit of the Pension Scheme namely Swatantrata Sainik Samman Pension Scheme, as a dependent while granting relief to a handicapped, mentally challenged and bed ridden woman.
It set aside the order dated 12th February 2020 communicated by the Ministry of Home Affairs to the petitioner woman rejecting her request in terms of para 5.2.5 of the revised policy guidelines which states that widowed / divorced daughter is not eligible for Pension.
The High Court reiterated the decision delivered by the Punjab and Haryana High Court as well as the Calcutta High Court wherein it was held that the benefit of the Pension Scheme shall be admissible to the divorced daughter as well.
Delhi HC Restrains Netflix & Others From Broadcasting Of Documentary "A Big Little Murder" Based On Gurugram School Murder Case [Xavier S Education Trust v. Mayurica Biswas & Ors.]
The High Court restrained Netflix, Channel News Asia and others from broadcasting or streaming the documentary titled "A Big Little Murder" based on the tragic death of a 7-year old boy who was found dead in the washroom of Gurugram-based School.
Dealing with a plea moved by the school's trust namely Xavier's Education Trust, Justice Jayant Nath however clarified that the defendants may stream the documentary after deleting all references to the school in question and also deletion of portions where school's building is depicted.
SDM Issuing Notices At Residence Of Couple Seeking Registration Of Marriage Under Special Marriage Act Prima Facie Contempt Of Court: Delhi High Court [Parveen Bano & Anr. v. Chandra Shekhar Sdm South West]
Justice Najmi Waziri observed that the act of a Sub Divisional Magistrate (SDM) to issue notices at the residence of a couple seeking registration of marriage under the Special Marriage Act is prima facie contempt of court as being in clear violation of its earlier directions issued in 2009 directing all Marriage Officers to not despatch notices to the residence of the applicants, seeking solemnization of their marriage under Chapter II of the Act.
The Court reiterated that the prohibition to send such notices is put in place which could otherwise jeopardize the plans of the applicants or become a cause for threat to their lives or limb. "Despite the above, the respondent/SDM, South West District, issued notices at the residence of one of the applicants/petitioners apropos the registration of marriage sought by him and his partner, under the provisions of the Special Marriage Act, 1954 on 25.02.2020," it said.
[Delhi Riots] Not Being Spotted By CCTV Doesn't Prove Non-Involvement In Unlawful Assembly: Delhi High Court Observes In Bail Hearing [Md. Arif v. State and other connected matters]
Justice Subramonium Prasad observed that the mere fact that an accused in the Delhi Riots case was not spotted on the CCTV footage, could not be a sufficient ground to claim innocence in the matter. "It's just a two minutes video with thousands of people. Merely because you have not been captured in it is no ground to say that you were not there," Justice Subramonium Prasad remarked while hearing a batch of bail pleas concerning the case.
The remarks were made when one of the counsels argued that the concerned accused was not spotted on the footage of the alleged mob, that has been presented by the prosecution. It was argued that the accused were not part of the alleged unlawful assembly as they were not spotted by the Cameras. Rejecting this argument, the Court observed, "Camera were systematically covered/ dislodged in the process. Not being spotted is not ground at this point."
Delhi High Court Stays CIC Order Requiring TRAI To Furnish Alleged Phone Tapping Information To Advocate Under RTI Act [TRAI v. Kabir Shankar Bose]
A Division Bench of Chief Justice DN Patel and Justice Jyoti Singh stayed an order of the Central information Commission (CIC), requiring the Telecom Authority of India (TRAI) to collect and furnish information about alleged tapping of an Advocate's phone, in terms of the Right to Information Act.
it was hearing a LPA preferred by TRAI from a single bench order refusing to interfere with the impugned order of the CIC which held that under Section 12 of TRAI Act, the authority has power to call for any information, conduct investigations, etc. and that it is the obligation on the authority to get information from the private body and furnish the same to the applicant namely Kabir Shankar Bose (Respondent herein).
Other developments:
- Nominate Members To Vacant Posts At National Commission For Minorities By September End: Delhi High Court To Centre
- Plea In Delhi High Court Challenging Delhi Govt's Decision To Permit 100% Seating Capacity In Delhi Metro, DTC/ Cluster Buses
- Woman Questioned In 'Conversion Racket' Case Moves Delhi HC Alleging Pressure From Vigilante Groups To Convert Back To Hindusim
- Child Beggary: Delhi High Court Issues Notice To DCPCR & Others On Plea For Rehabilitation Of Affected Children
- Trial Court "Failed In Its Duty" To Refer Rape Victim To Compensation Scheme: Delhi HC Directs DSLSA To Award Compensation
Gujarat High Court
Air Force Officer's Refusal To Take COVID Vaccine: Gujarat High Court Directs IAF To Consider Case Afresh, Extends Temporary Relief [Yogendra Kumar v. Indian Air Force]
The Court directed Indian Air force to consider the case of an IAF officer who refused to take the COVID vaccine afresh and to examine all the relevant materials placed on record.
The Bench of Justice A. J. Desai and Justice A. P. Thaker was hearing the plea of Air Force Officer, Yogendra Kumar (currently posted in Gujarat's Jamnagar) who has been served a show-cause notice seeking explanation as to why his service should not be terminated for his refusal to take the Covid-19 vaccine.
"System Laughing At Us": Gujarat HC Orders Release Of Rape Convict With Whom 'Victim' Willingly Married, Gave Birth To Children [Ashwinbhai @ Raj Ranchhodbhai Poyala Versus State Of Gujarat]
The Court ordered the release of a rape convict on bail by suspending his sentence while noting that the alleged victim admitted that she, on her own, married, started living with him, and even gave birth to his two children.
Commenting upon the conviction judgment and order passed against the man, the Bench of Justice Paresh Upadhyay orally observed in Gujarati thus: "Implementation of law with the complete non-application of mind…we have to think over such matters collectively. I can't find fault with the trial court because it was under obligation to implement the law, even the prosecution can't be blamed."
"No Disturbance To 'Public Order', How PASA Invoked In Gambling Cases?": Gujarat High Court Quashes Detention Order [Asheshbhai Indravadanbhai Dudhiya (Ganchi) v. State Of Gujarat]
Emphasizing that by no stretch of imagination can it be held that Gambling incidents could disturb public order, the High Court recently set aside judgment and order of the Single Judge and quashed the detention order passed on the basis of two cases registered against one Asheshbhai Dudhiya under the Gambling Act.
Essentially, the single judge of the High Court had earlier dismissed the writ petition challenging the order of preventive detention, and therefore, a Letters Patent Appeal had been preferred before the Division Bench of Chief Justice Vikram Nath and Justice Biren Vaishnav.
Himachal Pradesh High Court
Himachal Pradesh High Court Resolves To Address All Lower Courts As "District Judiciary"
The Court has resolved to refer to all the Courts in the State other than the High Court as "District Judiciary". The Circular issued in this regard clarifies that these Courts shall not be referred to as Subordinate Courts. "Furthermore, these Courts shall not be referred to as Subordinate Courts. They shall hereinafter be referred to as "Trial Court".
Karnataka High Court
Impact Of Supreme Court Direction : Karnataka HC Says Govt Order Withdrawing Prosecution Won't Apply To MPs/MLAs [People's Union For Civil Liberties v. State of Karnataka]
In the light of the order passed by the Supreme Court, the High Court said that the order issued by the Karnataka Government on August 31, 2020 to withdraw criminal prosecutions will not apply to sitting or former MPs/MLAs.
A bench led by the Chief Justice of India had recently ordered that no criminal prosecution must be withdrawn against MPs/MLAs without the sanction of the concerned High Courts.
Respond To Karnataka's Request For 35 Lakh Vaccine Doses Per Week: High Court To Centre
The Court directed the Government of India to respond to the request made by the State of Karnataka for releasing 35 lakh doses of vaccine per week.
The State government in its written submission filed before the court said that if 35 lakh doses of vaccines are provided to the state every week, the state will cover all eligible beneficiaries in three months.
Chief Justice Alone Can Allot Roster & Transfer Case From One Bench To Another; Puisne Judge Can't : Karnataka High Court [Karnataka Power Corporation Limited v. Gopal Krishna]
A full bench of the Court has held that it is only the Chief Justice who can allocate the work to a particular judge, issue a roster, transfer a case from one judge to another judge, pass an order in respect of transfer of a case from one Bench to another Bench and by no stretch of imagination, a puisne judge can transfer a case from one Bench to another Bench.
Quasi Judicial Powers Can't Be Delegated; One Who Decides Must Hear: Karnataka High Court [Chitrakala v. State of Karnataka]
The Court has held that Commissioner of Bruhat Bengaluru Mahanagara Palike (BBMP) who also holds quasi-judicial powers and is empowered to adjudicate upon the rights of the parties, can only exercise those powers himself and cannot delegate it to any other authority.
Justice M Nagaprasanna while deciding a petition filed by one Chitrakala said, "Manifold powers, duties and obligations are cast upon the Commissioner in terms of the Act, a few of them are quasi-judicial in nature as the Commissioner is empowered to adjudicate upon the rights of the parties. Adjudication upon the rights of the parties cannot but be a power that is quasi-judicial in nature. Therefore, quasi-judicial power will have to be exercised only by such an officer who is empowered to exercise and not by any other authority."
Karnataka High Court Quashes BBMP Bylaws Levying Fees On Developers As Ultra Vires Municipal Corporations Act [Sunderam Shetty v. State of Karnataka]
The Court has declared the bye-laws under which the Bruhat Bengaluru Mahanagara Palike (BBMP) demands Ground Rent, Licence Fee, Building Licence Fee, Scrutiny Fee, Security Deposit, from developers to be ultra vires to the Karnataka Municipal Corporations Act and held them to be unenforceable.
The bench said "Imposition of labour cess under the Welfare Cess Act is upheld, but its demand for payment upfront in terms of Government Orders dated 18.01.2007 and 28.02.2007, stands quashed."
The Court dropped the suo moto criminal contempt petition filed against officer bearers of the District Bar Association at Davanagere. The suo-motu proceedings were based on the association's open call to its members for abstaining from court work.
Chief Justice Abhay Oka and Justice NS Sanjay Gowda accepted the unconditional apology tendered by the members of the bar association and their undertaking to abide by the Judgment of the Supreme Court in the case of Ex-Captain Harish Uppal v. Union of India & Others and Krishnakant Tamrakar v. State of Madhya Pradesh. The bench was further assured that there shall be no boycott of courts henceforth.
Also Read: Why Local Body Polls Deferred Till December If COVID Restrictions Are Relaxed? Karnataka HC Asks SEC
The Court observed that IPS officer Soumendu Mukherjee who was appointed as the head of the Special Investigation Team to probe the alleged sex CD scandal involving former State Minister Ramesh Jarkiholi is not even willing to look into the investigation carried out during his long absence for three months by other members of the team.
A division bench of Chief Justice Abhay Oka and Justice N S Sanjay Gowda had earlier raised questions at the legality of the probe as the SIT Chief has been on leave since April 28.
Can Mosques Stop Using Loud Speakers Without Permission?: Karnataka High Court Asks Counsel To Take Instruction [Rakesh P v. State of Karnataka]
The High Court directed the counsel appearing for 16 mosques to take instructions on whether they will file an affidavit stating that loud speaker/public address system will not be used without obtaining written permission from the authorities under the Noise pollution rules.
A division bench of Chief Justice Abhay Oka and Justice N S Sanjay Gowda said, "The learned counsel appearing for the tenth to twenty-sixth respondents seeks time to take instructions whether the said respondents will file an affidavit stating that they will not use the loudspeaker/public address system without obtaining written permission in accordance with Rule 5 of the Noise Pollution (Regulation and Control) Rules, 2000."
Karnataka High Court Allows Relocation Of Ambedkar Statue Illegally Erected On Public Land [Neelappa O v. State of Karnataka]
The Court accepted the undertaking given by a youth association to shift the statute of Dr Babasaheb Ambedkar which they illegally erected on public land in Harappanahalli Taluk, Davanagere District to an alternative land within four months.
Chief Justice Abhay Oka and Justice N S Sanjay Gowda noted: "We must make a note that illegality was committed by respondent 10, in the name of Dr Babasaheb Ambedkar, who was not only architect and author of Constitution of India, but was a great human being. He believed in the Rule of law."
The Karnataka Government recently informed the High Court that it has initiated steps for providing video conference hearing facilities to quasi-judicial authorities in the State.
As per a memo filed by the Principal Secretary, Revenue Department, the State Government has initiated steps for providing video conference hearing facilities to quasi-judicial authorities in the State through the Centre for e-Governance.
Kerala High Court
Kerala High Court Stays Govt Order Constituting Judicial Commission Against ED In Gold Smuggling Case [Enforcement Directorate v. State of Kerala]
The High Court granted interim relief to the Enforcement Directorate (ED) and thereby stayed the Government notification that constituted a judicial commission to probe into the alleged implication of Chief Minister Pinarayi Vijayan in the gold smuggling case.
Justice P.B. Suresh Kumar passed the interim order in a writ petition preferred by the Directorate challenging the State's notification dated 7th May 2021 on the ground that only the Central Government can constitute a judicial commission in this matter.
Also Read: Enforcement Directorate Entitled To Maintain Writ Petition Against State Govt: Kerala High Court
Kerala Given 60% More Vaccine Doses Than Proposed Allocation: Centre Tells High Court [Dr. K.P Aravindan & Anr v. Union of India & Ors]
The Central Government has filed a statement before the High Court stating that the State has been supplied with adequate doses of covid vaccines under the National Covid 19 Vaccination Programme.
The statement was filed in a matter where the Liberalized Pricing and Accelerated National Covid 19 Vaccination Strategy of the Centre was challenged. During the previous hearing, Advocate S Prashanth contended that the supply of vaccines is not adequate in the State, and if a sufficient quantity of vaccines was provided by the Centre, the majority of the people in the age group of 45 years could be vaccinated as a preventive measure.
The Court during its proceedings stumbled upon a question of whether a marriage under the Special Marriage Act can be solemnised through video conferencing. The Court has reserved its orders in the matter.
Justice P B Suresh Kumar was hearing a plea where the petitioners wished to solemnise their marriage under SMA through video conferencing since they could not make physical appearance owing to the pandemic.
Also Read: Viju Abraham And CP Mohammed Nias Sworn In As Additional Judges In Kerala High Court
'Clear Breach Of Trust ': Kerala High Court Refuses To Quash Criminal Cases Against Archbishop George Alenchery Over Sale Of Diocese Properties [Cardinal Mar George Alencherry v. State of Kerala & Ors.]
The Court dismissed the petitions filed by Cardinal Mar George Alencherry, the Major Archbishop of Syro Malabar Church, seeking to quash the criminal cases over the alienation of properties belonging to Syro Malabar Church.
Justice P.Somarajan while dismissing a batch of seven petitions, upheld the verdict of the Sessions Court and remarked: "...it requires a proper and detailed enquiry by the State Government and the investigating agencies thereunder and this court cannot shut its eyes to the abovesaid facts, which could even be the tip of an iceberg."
The Court granted anticipatory bail to former Gujarat DGP RB Sreekumar, two former Kerala Police officers S. Vijayan and Thampi S. Durga, and a retired IB official PS Jayaprakash in the ISRO espionage case.
The espionage case, which had hit the headlines in 1994, pertained to allegations of transfer of certain confidential documents on India's space programme to foreign countries by two scientists and four others, including two Maldivian women.
Read: ISRO Espionage Case - Concerns Of Kerala Police At That Stage Can't Be Said To Be Without Any Basis : Kerala High Court
The High Court has issued contempt notice to the Secretaries of the Central Government for its failure to appoint a Chairman for the Kerala Administrative Tribunal within the stipulated time as directed by the Court.
A Division Bench of Justice A Muhamed Mustaque and Justice Kauser Edappagath issued notice to the Secretary of Union Cabinet as well as the Secretary of Department of Personnel and Training to that effect.
State Moves Kerala High Court Against Single Bench Decision To Stay Operation Of GO That Included Christian Nadars In SEBC Category [State of Kerala & Anr. v. S. Kuttappan Chettiar & Ors]
The State Government has preferred an appeal before the High Court against the order of the Court dated 29th July, staying a Government Order that included Christain Nadars among SEBC communities in the State. The appeal has been filed through Senior Government Pleader V Manu.
Previously, a plea was filed before a Single Bench of the Court seeking to remove Christian Nadars from the list of SEBC in the State, and the operation of the Government Order was accordingly stayed.
Unvaccinated Persons May Move Out Of Their Residences For Essential Activities: Kerala High Court [Pauly Vadakan v. State of Kerala & Ors]
The High Court observed that unvaccinated persons may move out of their residences for essential activities as per the Government Order dated 4th August issued by the State.
This development occurred in a plea that challenged the said Government Order which imposed restrictions on unvaccinated persons on the ground that the petitioner had not received vaccination due to his drug allergies.
Kerala High Court Refuses Interim Relief To Petitioner Challenging Restrictions On Unvaccinated Persons [Pauly Vadakan v. State of Kerala & Ors]
The Court refused to provide interim relief to the petitioner who alleged that the recent Government Order virtually puts unvaccinated persons under house arrest.
Justice P.B. Suresh Kumar while hearing the matter remarked as such - "I have my doubts in the bonafides behind filing this petition as well. I had heard about certain news about this petition even before it was filed before the Court."
Kerala High Cort Dismisses Plea To Not Certify Movie Named After Jesus (Eesho) [Christian Association & Alliance For Social Action (CASA) Vs Central Board of Film Certification]
The Court dismissed a Public Interest Litigation filed by a Christian organization name Christian Association For Social Action seeking a direction that certification under the Cinematograph Act should not be granted to the Malayalam movie titled Eesho. 'Eesho' is Jesus in Malayalam.
A Division Bench of Chief Justice S. Manikumar and Justice Shaji P Chaly while dismissing the plea orally said that merely because a film was named after a God, the Court cannot interfere in its certification.
Kerala High Court Directs Corporations To Erect Signposts At Locations Designated As Feeding Spaces For Community Dogs [PFA v. State of Kerala]
The Court directed the Municipalities in the State to erect signposts at the locations designated for feeding points for community dogs and provide details of such locations to the SHO of the respective police stations that have jurisdiction over these areas.
A Division Bench of Justice A.K. Jayasankaran Nambiar and Justice Gopinath P. while issuing the aforementioned directive observing that this measure would ensure that members of the public who feed community dogs at the identified locations are not subjected to any harassment while doing so, and in the event of any such harassment, the police authorities concerned can respond to the complaint filed by such persons.
Kerala High Court Directs VACB To Wind Up Probe Against IAS Officer Biswanath Sinha Within 3 Months [Biswanath Sinha v. State of Kerala]
The High Court recently directed the Vigilance and Anti-Corruption Bureau to complete further investigation into the corruption charges against Bishwanath Sinha, former managing director of the Kerala Cooperative Bank within 3 months
Justice R Narayana Pisharady issued the order while dismissing a petition filed by the officer challenging the Muvattupuzha Vigilance Court's order rejecting the final report for dropping the charges and directing the VACB to conduct further investigation.
'Merely An Immature Misunderstanding' : Accused In Fake Lawyer Case To Kerala High Court In Pre-Arrest Bail Plea [Sessy Xavier v. State of Kerala]
The High Court posted the pre-arrest bail of Sessy Xavier, who was alleged to have practised as an advocate for two years without completing her LL.B degree, after Court vacation Justice K Haripal during the proceeding observed that the matter required a detailed hearing, and accordingly posted the matter for 31st August.
'It Looked Like A Gambling Den': Kerala High Court Pulls Up BEVCO For Liquor Store Found In Pitiful State [My Hindustan Paints v. S. Aanathakrishnan IPS]
The Court reprimanded Kerala State Beverages Corporation (BEVCO) after finding a liquor store in a miserable condition in the city. The matter will be taken up tomorrow for further hearing.
Justice Devan Ramachandran while screen sharing a live photo of the liquor store he came across yesterday, remarked as such: "Just yesterday I personally saw a liquor shop that looked like a gambling den from old Bollywood movies- it was dark, dingy and barricaded. Look at the store, it's so dark you can't even see what's happening inside. This is happening as we speak."
Also Read: Kerala High Court Expresses Concern Over Continuing Overcrowding In Front Of Liquor Outlets
Madhya Pradesh High Court
Applying Principle Of Promissory Estoppel, Madhya Pradesh High Court Directs State To Refund College Fees Under Reimbursement Scheme [Prashant Singh Kaurav v. State of Madhya Pradesh]
Applying the principle of promissory estoppel, the High Court recently directed the State Government to reimburse the entire admissible fees to a law student belonging to the OBC category under its Backward Class and Minority Welfare Scheme.
A Division Bench of Justices SA Dharmadhikari and Vishal Mishra upheld the claim of full reimbursement while observing that: "the principle of estoppel and acquiescence will apply and the State Government cannot stop payment of scholarship/fees to the dis-advantage of the petitioner particularly in the light of the Clause 5.3 and 6.2 of the Policy quoted above."
Madhya Pradesh High Court Directs State Govt To Frame Guidelines On E-Mulaqat Facility To Prisoners With Lawyers, Family Members [Shyam Singh v. State of Madhya Pradesh And Others]
The High Court has directed the State Government to frame a SOP or guidelines on E-Mulaqat facility to be provided to prisoners in the State thereby enabling them to meet their lawyers and family members by ensuring privacy in such meetings.
A division bench comprising of Chief Justice Mohammad Rafiq and Justice Vijay Kumar Shukla was dealing with a plea filed by an advocate who could not get a chance to interact with his client, accused of offences involving POCSO Act, IPC and Information Technology Act, to seek instructions and understand his case.
Unmarried Girls In India Don't Indulge In Carnal Activities Just For Fun Unless Assurance Of Marriage Is There: MP High Court [Abhishek Chouhan v. State of Madhya Pradesh]
"India are a conservative society, it has not yet reached such level (advance or lower) of civilization where unmarried girls…indulge in carnal activities with boys just for the fun of it, unless the same is backed by some future promise/assurance of marriage," the High Court (Indore Bench) observed recently.
The Bench of Justice Subodh Abhyankar also opined that a boy who is entering into a physical relationship with a lass must realize that his actions have consequences and should be ready to face the same.
Post Expiration Of Probation Period, Automatic Confirmation Cannot Be Claimed As Matter Of Right: Madhya Pradesh High Court [Sinnam Singh vs. State of MP and Ors]
The High Court has recently observed that automatic confirmation cannot be claimed as a matter of right after the expiry of probation period, unless there is a vacancy for the same job.
While modifying the order related to discontinuation of services dated January 2, 2018 ("impugned order") Single Judge bench of Justice GS Ahluwalia remarked that, "Expiry of the probation period does not necessarily mean confirmation and at the end/ expiry of the period of probation, normally an order confirming the officer is required to be passed and if no such order is passed, he shall be deemed to have continued on probation unless the terms of appointment or the relevant rules governing the service conditions provide otherwise."
Madras High Court
The High Court granted time to the National Human Rights Commission (NHRC) to file its counter affidavit making its stance clear within 3 weeks. The Court was adjudicating upon a plea moved by Mr. Henri Tiphagne, Executive Director of People's Watch seeking disclosure of NHRC's 'undisclosed' 2018 investigation report on the incident of police firing that had followed the Sterlite Protests (May 28, 2021) in Thoothukudi, Tamil Nadu.
During its earlier hearing on June 25, the Court had observed that it is 'alarming' that the State, through its police personnel, had fired on unarmed protestors, and despite the passage of three years, no action had been taken against them.
"Utterly Meaningless Petition': Madras High Court Dismisses Plea To Resume Physical Functioning, Opening Of Lawyers Chambers [Ukkrapandiyan v. Registrar Administration, Madurai Bench of Madras High Court & Anr.]
Calling it an utterly meaningless petition filed by an uninformed lawyer, the Court recently dismissed a plea seeking resumption of physical hearings and opening up of lawyers chambers in Madurai bench.
A division bench comprising of Chief Justice Sanjib Banerjee and Justice S Ananthi ordered thus: "Some form of physical hearing is possible upon permission being obtained. As far as virtual hearing is concerned, the performance in Madurai appears to be much better than at the Principal Seat."
'Utterly Ridiculous' 'Devoid Of Common Sense': Madras High Court Directs Registry To Not Delve Into Judicial Acts By Separating Connected Pleas [Sharpoorji Pallonji and Company v. Union of India]
The Madras High Court on Friday frowned upon its own Registry for attempting to exercise judicial powers which they do not possess by segregating connected cases and listing one set of those cases before a Division Bench and the other before a single Bench.
A Division Bench of Chief Justice Sanjib Banerjee and Justice P.D Audikesavalu remarked that a training programme must be conducted for the Registry at the Tamil Nadu State Judicial Academy and accordingly observed, "The Registrar-General will ensure that the receiving personnel at the Registry are made aware of the elementary principles recorded herein and a training programme in such regard may be conducted at the judicial academy as expeditiously as possible so that such mistakes are not repeated"
'Why Has Response Not Been Filed Despite Previous Directions?': Madras High Court Pulls Up Centre For Delay In Filing Response To Pleas Challenging IT Rules 2021 [Digital News Publishers Association v. Union of India]
The High Court took serious objection to a request made by a counsel for the Union of India to grant more time to file its response to petitions challenging the validity of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (IT Rules, 2021). The Court is currently adjudicating upon two writ petitions challenging the constitutionality of the IT Rules, 2021.
Emphasizing that India is a secular country and that secularism implies tolerance for other religions, the Court dismissed a Public Interest Litigation plea which urged to restrain Tamil Nadu Chief Minister MK Stalin from heading an advisory committee unless he took a pledge before a Hindu god.
The Bench of Chief Justice Sanjib Banerjee and Justice PD Audikesavalu further observed thus: "There has to be a time when the prejudice and vendetta have to be shed particularly when it comes to practicing the religion. This is a Secular country and Secularism implies tolerance for the other religion. This country also provides for freedom of expression to its citizens, which, in turn, implies lending an ear to the other point of view."
'Women Cannot Move Out Without Fear Even During The Day, Efforts Of Freedom Fighters In Vain': Madras HC While Dismissing Bail Plea In Pollachi Sexual Assault Case [K Arulanantham v. State by Central Bureau of Investigation]
The High Court directed the Central Bureau of Investigation (CBI) to arrest all the accused persons in the 2019 Pollachi sexual assault case and further ordered the investigating agency to make an 'earnest effort' to commence trial by the first week of September.
The Sessions Judge, Mahalir Neethi Mandram, Coimbatore, was also directed to conduct the trial on a day-to-day basis and accordingly complete the trial within a period of 6 months from the date of commencement of the trial.
Punjab and Haryana High Court
Punjab And Haryana High Court Orders Inquiry Into Tweets Against Court, Judge [Vishali Kapoor And Ors Vs State Of Punjab And Another]
The High Court this week ordered an inquiry into a series of tweets allegedly made against the court. The Bench of Justice Raj Mohan Singh has set a three-week deadline for its Registrar-Vigilance to enquire into the tweets enquired.
Age Limit Relaxation Can't Be Claimed Merely Because Chief Minister Tweeted In This Regard: Punjab & Haryana High Court [Navdeep Singh Brar & Ors. v. State of Punjab & Anr.]
The High Court observed that the candidates wishing to apply for a particular government post, cannot claim, as a matter of right, relaxation or increase in upper age limit merely because the Chief Minister has tweeted in this regard.
The Bench of Justice Girish Agnihotri was hearing the plea of 56 petitioners, who prayed that the State of Punjab and others be directed to give age relaxation to them for applying against the posts of Police Sub Inspectors.
Punjab & Haryana High Court Grants Interim Anticipatory Bail To Ex-Punjab DGP Sumedh Singh Saini In Corruption Case [Sumedh Singh Saini v. State of Punjab]
The High Court granted interim Anticipatory Bail to former Punjab Director-General of Police Sumedh Singh Saini in a corruption case.
Justice Avneesh Jhingan noted that since he is having Z-plus protection and remains in a security cover, there is no chance of his absconding and thus, granted him interim pre-arrest bail subject to his joining investigation within one week.
Can Impose Condition Of Restitution Of Benefit/Property By Accused To Victim While Granting Bail: Punjab & Haryana High Court [Priya Sharma v. Union Territory of Chandigarh]
In an important ruling, the High Court has held that at the time of granting bail to the accused, the Court can impose the condition of restitution of benefit/property by the accused to the victim.
The Bench of Justice Arun Kumar Tyagi clarified that imposition of any such condition (while granting bail) for such restitution of the benefit/property by the accused to the victim cannot be said to fall in the category of 'impermissible onerous condition'.
Rajasthan High Court
Rajasthan HC Denies Protection To Married Lady In Live-In Relation By Relying On Allahabad HC's 'Social Fabric' Order [Maya Devi v. State of Rajasthan and others]
The High Court recently denied police protection to a married lady, who is in a live-in relationship with another man and who sought police protection against some private persons who are not happy with her relationship.
The Bench of Justice Satish Kumar Sharma relied upon the recent order of the Allahabad High Court wherein the Court had dismissed the protection plea of a married woman living with her partner with the exemplary cost of Rs.5,000.
Rajasthan High Court Upholds Single Judge Decision Granting Maternity Leave To Woman Who Gave Birth Prior To Joining Service [State of Rajasthan v. Smt. Neeraj]
Upholding the decision of the Single Judge, a Division Bench of the Court has affirmed that a female government servant was entitled to avail maternity leave if she joins within the period of confinement i.e. 15 days before to three months after the birth of child, irrespective of the fact that the child was born prior to the date of joining or before issuance of appointment in service.
A Division Bench of Justices Vinit Kumar Mathur and Indrajit Mahanty rejected the argument of Additional Advocate General Pankaj Sharma that the respondent-mother was not a Government Servant at the time of delivery of the child, and therefore, would not be covered under Rule 103 of the Rajasthan Service Rules, 1951.
Rajasthan High Court Issues Notice To Union, State Govt On Plea Challenging Rajasthan Madarsa Board Act 2020 [Mukesh Jain v. State of Rajasthan]
Claiming that the provisions of the Rajasthan Madarsa Board Act 2020 are against the concept of a secular democratic State, a plea has been moved before the High Court challenging the State Legislation.
Hearing the matter on Wednesday, the bench of Chief Justice Indrajit Mahanty and Justice Vinit Kumar Mathur issued notice to the Union Of India and Rajasthan State Government and listed the matter after four weeks.
Rajasthan High Court Directs Police Officials To Preserve Viscera Samples Of Unidentified Dead Bodies For DNA Comparison In Man Missing Cases [Urmila Devi v. The State of Rajasthan & Ors.]
The Jodhpur Bench has directed that all concerned police officials must make immediate efforts for the collection of viscera samples from unidentified dead bodies for DNA comparison, as and when required.
A Division Bench of Justices Sandeep Mehta and Manoj Kumar Garg noted,
"....we hereby direct that in all cases of recovery of unidentified dead bodies, the police officials concerned, be it the local police or the railway police officials, immediate efforts shall be made to contact the nearest Medical College/CMHO/ Medical Jurist for the purpose of collecting viscera samples from such bodies so that, the same can be preserved for DNA comparison/analysis as and when required."
