High Courts Weekly Round Up

• Held that the reimbursement received under a medical claim policy cannot be deducted from compensation payable under Motor Vehicles Act.
• Lashing out at the investigating agencies probing the murders of CPI member GovindPansare and rationalist Narendra Dabholkar, the High Court observed that in the future a scenario would appear where only a few individuals are allowed to talk and move freely controlling everybody else's thoughts and ideas.
• After a 14-year long legal battle, an HIV positive man who was discharged as an invalid on being diagnosed with HIV and tuberculosis has been ordered to be reinstated immediately by the Bombay High Court. The order was passed by a bench comprising Justice BR Gavai and Justice NJ Jamadar
• A full bench of the High Court held that a power distribution licensee cannot demand charges or consumption of electricity for a period of more than two years preceding the date of the first demand of such charges unless the amount of money owed is reflected in the electricity bill during the two-year period.

Chhattisgarh High Court

• We should respect, serve and worship our parents, said the High court while dismissing a man's plea against providing maintenance to his step mother. The bench also observed that the amount of maintenance ₹ 10,000 includes provision for food, clothing, residence and medical attendance and treatment, therefore looking to the price index prevailing at present, the said amount cannot be said to be on higher side or shockingly high.

Delhi High Court

• Passed an interim order restraining Puro Salts from publishing advertisements in print and electronic media disparaging Tata Salts, holding that negative advertisements to the effect that another product is bad and unhealthy cannot be permitted.
• Said that forced and unannounced eviction of jhuggi dwellers is contrary to law and the authorities should ensure that the displaced people are immediately rehabilitated.
• Stayed the ban on import, manufacture, sale and distribution of Electronic Nicotine Delivery Systems(ENDS) like e-cigarettes, e-sheesha, vape, e-hookah with nicotine flavour etc.

Gauhati High Court

• Held that road and rail blockades are variants of bandh, and thus illegal and unconstitutional. Justice UjjalBhuyan also observed that the organizer or organizers of such bandh or blockade, at least the principal office bearers of such organizer(s), would be liable to be prosecuted under various provisions of the Indian Penal Code, 1860, National Highways Act, 1956 and the Railways Act, 1989.

Gujarat High Court

• Set aside the death sentence imposed by the Trial court on a lady accused in a double murder case and directed it to ascertain her mental condition before conducting re-trial.
• The legal aid is nothing but a farce, said the High Court in a judgment setting aside the death penalty awarded to a lady accused of double murder, even without an inquiry about her mental condition even though the FIR itself had stated about it.
• Dismissed a lawyer's petition which raised apprehensions about malfunction andtamperability of Electronic Voting Machines.

Kerala High Court

• A Full Bench of the High Court of Kerala held that an agreement of sale executed by a party to lis during the pendency of suit will be hit by the doctrine of lispendes under Section 52 of the Transfer of Property Act. The reference arose when a division bench doubted the correctness of an earlier division bench decision in Wellingdon B and others v D Shyama Prasad and others 2014(3) KHC 560 which had held that such an agreement of sale will not be hit by Section 52, on the reasoning that sale agreement by itself did not create any right, title or interest in the property.
• Observed that a tenant cannot question the choice of a landlord to live in a 'hut like structure'. The division bench comprising of Justice K. Harilal and Justice N. Nagaresh observed that if the desire of the landlords to live in particular area of their choice is found genuine, it has to be respected.
• Directing a couple who defied court orders to do 100 hours of community service, the High Court observed that obedience to court orders cannot be at the discretion of the person to whom it is directed, nor can such a person question the correctness of such orders except through legal proceedings.

Madhya Pradesh High Court

• Stayed an ordinance brought in by the state increasing OBC reservation. In an interim order issued in a writ petition filed by Ashita Dubey, the Division bench comprising Justice Ravi Shankar Jha and Justice Sanjay Dwivedi directed the state to not provide reservation of more than 14% for OBC category in admission made to the colleges on the strength of the Ordinance.
• Observed that mere non-filing of Income Tax Return would not automatically dislodge the source of income of the complainant in a cheque bounce case under Section 138 of the Negotiable Instruments Act.
• Upheld the direction issued by an investigating officer to a man to conduct a DNA Test.

Madras High Court

• Terming extra-marital relationship as a 'dangerous social evil', the High Court asked a score of questions to Central and State Governments, to 'find out' the reasons leading to such relationships. The bench comprising Justice N. Kirubakaran and Justice Abdul Quddhose expressed concern over the day-by day increasing clandestine relationships which ultimately leads to serious and heinous crimes like Murder, kidnap etc. The court began its judgment with these observations:
• Dismissed pleas seeking to reschedule the election date in Tamil Nadu to any other day than Maundy Thursday.
• Dismissed a Public Interest Litigation filed by some hostelers challenging the constitutionality of Tamil Nadu Hostels and Home for Women and Children (Regulation) Act, 2014 and the Rules.
• Convicted 9 persons accused of attacking Dinakaran Newspaper office in Madurai in 2007, which had resulted in death of three employees viz. Vinoth Kumar, Gopinath and Muthuramalingam. The bench comprising Justice PN Prakash and Justice B. Pugalendhi, allowed the appeal filed by the state and sentenced nine persons, including 'Attack' Pandi to life imprisonment.

Orissa High Court

• Answering a reference arising out of conflicting judgments, a division bench of High Court held that the expression "sufficient grounds" occurring in Order 23, Rule 1(b) of the Code of Civil Procedure in relation of withdrawal of suits is not restricted to formal defects only.

Punjab & Haryana High Court

• Held that the expression 'Magistrate' appearing in Section 26 of the Evidence Act would include Executive Magistrate also. To hold thus, the division bench comprising Justice AB Chaudhary and Justice Surinder Gupta disagreed with the Full bench judgment of Gauhati High Court, which holds that the expression means only the Judicial Magistrate.
• Confirmed the death sentence awarded to six men accused of gang rape of a mentally ill woman. Describing the crime as 'animalism' and '"tsunami" of cruelty', the bench comprising Justice AB Chaudhary and Justice Surinder Gupta, also imposed a fine of Rupees 50 Lakh, which is to be recovered from the convicts by attaching/selling their respective immovable properties like plot, house, agricultural land etc.
• In a significant win for IAS officer Ashok Khemka, presently posted as Principal Secretary, Department of Sports in Haryana Government, the High Court not just expunged adverse remarks made by Chief Minister ML Khattar in his Personal Appraisal Report (PAR) but also observed that, "Since number of such officers whose integrity is beyond doubt and who have professional integrity of higher standard is depleting very fast, therefore, they need protection from being damaged by recording adverse remarks against the record".

• In a temporary relief to well-known commentator and academic Professor ApoorvanandJha of Delhi University, the High Court stayed proceedings in furtherance of a First Information Report(FIR) registered against him for allegedly offending religious sentiments and promoting communal disharmony by writing an article.

Rajasthan High Court

• Jodhpur bench of the High Court issued notice on a petition filed by the father of a National Law University, Jodhpur student who was found dead under mysterious circumstances back in 2017.