High Courts Weekly Roundup [November 8, 2021 To November 14, 2021]

Allahabad High Court 1. "Refer To 'Talisman' Given By Mahatma Gandhi In Case Of Dilemma About Right Decision": Allahabad HC Tells UP Govt Officers [Unnati Management College And 4 Others v. Rakesh Kumar,Director] In a significant observation, the High Court asked the Uttar Pradesh Government officers to refer to the Talisman given by the Father of the Nation, Mahatma Gandhi whenever they are confronted with doubt and are in a dilemma about the right decision. Essentially, the Bench of Justice Ajay Bhanot was dealing with a contempt plea filed on account of violation of the Court's order dated March 15, 2021, related to the grant of scholarships to needy students who belong to the lowest strata. 2. Allahabad HC Imposes 21K Fine On District Judge For Rejecting Resignation Of A Court Clerk Who Joined Indian Railways [Khoob Singh v. High Court Of Judicature At Allahabad And 2 Others] The High Court imposed a fine of Rs 21,000/- on a District Judge, who rejected the resignation of a court clerk as his resignation was not preceded by a three months' notice. On account of his failure to give a three months' notice under Rule 4 of the Government Service Rules, 2000, he was also subjected to a disciplinary inquiry. Observing that subjecting him to a disciplinary inquiry would amount to mental harassment, the Bench of Justice Suneet Kumar imposed the fine on the District Judge of Jalaun Suneet Kumar and also directed him to accept the employee's resignation. 3. "Unexplained Delay Of 4 Days": Allahabad HC Quashes NSA Detention Of Man Who Allegedly Protested, Assaulted Police Force [Sonu @ Mohd. Ishtiyaq Through Mother Shameem Bano v. Union of India and others] The High Court quashed the detention order passed under the National Security Act on account of 4 days of unexplained delay in disposing of the petitioner/detenue's representation by the Union of India. This order was passed by the Bench of Justice Ramesh Sinha and Justice Saroj Yadav while hearing the habeas corpus plea filed by the detenue Sonu @ Mohd. Ishtiyaq through his Mother Shameem Bano. 4. Indefeasible Right To 'Default Bail' U/S 167 (2) CrPC If Chargesheet Not Filed Within Stipulated Time: Allahabad High Court [Varun Tiwari v. State of U.P.] The High Court has observed that an accused has an indefeasible right to 'default bail' under proviso to section 167(2) Cr.P.C. if the charge sheet isn't filed within the stipulated time. This assertion came from the bench of Justice Rajesh Singh Chauhan while dealing with the bail application of a gang rape accused, against whom, the police failed to file a charge sheet before the Special Judge, POCSO Act, Lucknow within a stipulated 90 days period. 5. If Court Doesn't Agree With The Protest Application Then The Same Could Be Treated As Complaint: Allahabad High Court [Mahesh Chandra Dwivedi v. State Of U.P.Through Secy. Home Lko. And 3 Others] The High Court observed that if the Court is not in agreement with the protest application, then the just and proper action could be to read the protest petition as a complaint by the Court. The Bench of Justice Vikas Kunvar Srivastav observed thus while hearing a plea moved under Article 227 of the Constitution of India against a 2006 order passed by the Additional Session Judge/Fast Track Court of Sultanpur (UP) in the capacity of the revisional court. 6. Can't Oust Woman From Matrimonial Home On The Basis Of Summary Proceedings Under Senior Citizens Act: Allahabad HC [Smt. Khushboo Shukla v. District Magistrate, Lucknow & Ors.] The High Court made it clear that the wife cannot be ousted from her matrimonial home on the basis of the summary proceedings under the Senior Citizens Act, 2007. With this, the Bench of Justice Vivek Chaudhary came to the aid of a widow by setting aside an eviction order passed against her and her son from her in-laws' house. Bombay High Court 1. A Person Who Is An MLA, A Party Spokesperson Has To Be More Careful' : Bombay HC To Nawab Malik While Reserving Order In Wankhede's Defamation Suit The Bombay High Court on Friday observed that the highest degree of verification is required from a state minister and prima facie there are interpolations in NCB Zonal Director Sameer Wankhede's birth certificate uploaded by Maharashtra Cabinet Minister Nawab Malik. "So where is the due care and attention (before posting) when the document itself appears to be interpolated?," Justice Madhav Jamdar repeatedly asked Malik's counsels before reserving orders on interim reliefs in Wankhede's father's defamation suit. Also Read: Exposing Illegalities Committed By Sameer Wankhede Not Defamation : Nawab Malik Tells Bombay High Court Also Read: Verified Sameer Wankhede's Birth Records From Municipal Ward – Nawab Malik To Bombay High Court 2. Why Is Our Force So Insensitive?': Bombay High Court Over Police's Inaction In Inter- Caste Couple's...

High Courts Weekly Roundup [November 8, 2021 To November 14, 2021]

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