High Courts Weekly Roundup [November 15, 2021 To November 21, 2021]

Allahabad High Court 1. Merely Stating That Two Persons Of Opposite Gender Have A Close Relationship Won't Amount To Defamation: Allahabad HC [Nakli Singh v. State of U.P. and Others] Merely stating that two people belonging to the opposite gender share a close relationship, won't amount to defamation, the Allahabad High Court observed last week while quashing a summoning order in a defamation complaint case. The Bench of Justice Saumitra Dayal Singh further observed that being close to someone in a natural or normal human relationship and forming an illicit relationship are two completely different things. Also Read: "Didn't Impersonate Himself As Lawyer": Allahabad HC Stays Arrest Of Law Intern Who Stood In For His Senior Before Tribunal 2. "Can't Sit & Watch Lawyers' Unruly Behaviour": Allahabad High Court Orders Enquiry Into Lucknow District Court Violence Incident [Piyush Shrivastava (In Person) & Ors. v. State Of U.P. Thru. Prin. Secy. Home Lko. & Ors]] Stressing that the court can't sit and watch the unprofessional and unruly behavior of the lawyers as a mute spectator, the High Court ordered an inquiry into the violent behavior of the lawyers outside the Lucknow District Court campus on October 30. The Bench of Justice Shamim Ahmed and Justice Rakesh Srivastava also observed that the Court is duty bound to ensure that the citizens do not face any difficulty in accessing justice. Also Read: "He May Die At Any Moment, Might Meet Same Fate As Stan Swamy": UAPA Accused Atiq UrRehman's Relative Moves Allahabad HC Seeking Bail 3. "UCC Is Long Due; Can't Be Made Voluntary": Allahabad HC Calls Upon Central Govt To Implement The Mandate Of Article 44 Dealing with a batch of petitions (17 in number), pertaining to an interfaith marriage contracted by the petitioners and seeking protection from the Court, the High Court called upon the Central Government to implement the mandate of Article 44 of the Constitution of India [Uniform Civil Code]. The Bench of Justice Suneet Kumar observed that the issue of UCC, though Constitutional, rakes political overturns whenever raised or debated in the public domain and called for its implementation in the wake of a multiplicity of marriage and family laws in place. 4. Interfaith Marriage Registration Can't Be Refused By Insisting On Conversion Approval: Allahabad HC Affirms Right To Choose PartnersThe High Court observed that the Marriage Registrar/Officer lacks the power to withhold the registration of marriage, merely for the reason that the parties have not obtained the necessary approval of conversion from the district authority. This assertion came from the bench of Justice Suneet Kumar who was hearing a batch of petitions (17 in number), pertaining to an interfaith marriage contracted by the petitioners. Also Read: "We Aren't Against Live-In Relation": Allahabad High Court Orders Protection For Same-Sex Couple 5. Kasganj Custodial Death: PUCL Moves Allahabad HC Seeking CBI Probe & Establishment Of Fast-Track Special Police Courts People's Union For Civil Liberties (PUCL) has moved the High Court seeking a CBI probe into the Kasganj Custodial Death Case wherein one Altaf allegedly died by suicide by tying himself to a two to three feet pipe. While the police have claimed that Altaf died by suicide while in custody, his family has suggested a foul play on the part of the police, and therefore, PUCL has moved the High Court seeking CBI inquiry into the case. 6. Allahabad High Court Directs UP Govt, Its Authorities & Committees To Implement Witness Protection Scheme [Mithlesh Narayan Tiwari v. State of U.P. and Another] The High Court directed the Uttar Pradesh Government and all its concerned authorities/committees to implement the Witness Protection Scheme, 2018 forthwith. This direction came from the Bench of Justice Surya Prakash Kesarwani and Justice Vikas Budhwar that was hearing the plea of a petitioner, Mithlesh Narayan Tiwari, who is a witness in a 2018 Murder case, and his application for protection was rejected twice by the District Level Committee/Superintendent of Police, Prayagraj. 7. RTE Act- Can Teachers Be Given Election Duties Before Poll Notification Is Out?: Allahabad HC Refers Question To Larger Bench [Chandani Devi & Ors. v. State of Uttar Pradesh & Ors.] In view of Section 27 of the Right of Children to Free and Compulsory Education Act, the High Court recently referred the question regarding allotment of election duties (before or after the issuance of election notification) to teachers on teaching days/during teaching hours to a larger bench. The Bench of Justice J. J. Munir referred the question to the larger bench in view of the fact that there are contrary judgments of the Allahabad High Court on the issue. 8. Compelling Small Farmers To Pay Bribes The Most Unfortunate Thing To Happen Even After 75 Yrs Of Independence: Allahabad...

High Courts Weekly Roundup [November 15, 2021 To November 21, 2021]

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