High Courts Weekly Round Up

Bombay High Court 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 JamadarA 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...

High Courts Weekly Round Up

Ashok Kini

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