High Courts Weekly Round Up

Allahabad High Court Directed Agra University to pay the first year medical student Rs 1 lakh for not exercising care and vigilance in checking the answer sheet in semester examinations at the University.In a notable judgment, the High Court explained the reasons for exempting Duty Free Shops(DFS) in airports from Goods and Services Tax (GST). The Court was considering a PIL filed by one Atin Krishna, who contended that the exemption given to Duty Free Shops from GST was based on a misinterpretation of law.In a petition for setting aside a case of domestic violence and dowry harassment, the High Court directed the Police to produce 'King Sahab' who filed Affidavit in the caseHeld that the mere fact that in the dying declaration, a sort of oath has been administered to the deceased before recording the same, would not make the credibility of the dying declaration doubtful and would not nullify the same. Bombay High Court Held that financial deprivation amounts to economic abuse under the Domestic Violence Act. Court held that if a widow in a joint family, who is entitled to financial resources, is deprived of them then it qualifies as economic abuse.Held that the mandatory timeline of 120 days for filing a written statement in a commercial suit would not apply to suits filed prior to the enactment of the Commercial Courts Act 2015. Justice SJ Kathawalla has held that a commercial court may hold case management hearings with regard to such suits that are also referred to as 'transferred' suits. Case management hearings are prescribed under the newly-introduced Order XV-A of the Civil Procedure Code. Calcutta High Court Calcutta High Court's order came as a breather for ex-police chief Rajeev Kumar as court granted him one month's protection from arrest and subjection to coercive process with some conditions to be fulfilled. Delhi High Court The right to life under Article 21 of the Constitution of India would include the right of young children to live with their mother and the right of a husband to consortium with his wife, held the High Court while quashing 'Leave India Notice' served on a Pakistan citizen, who is the wife of an Indian citizen and a mother of two kids.Issued notice on a PIL seeking a direction to Centre to draft a Uniform Civil Code in the spirit of Article 14, 15 & 44 of the Constitution A Bench headed by Chief Justice Rajendra Menon also issued notice to Law Commission of India on the petition filed by BJP Leader Ashwini Upadhyay.Held in Jagdish Kapila v. Raj Kumar & Anr. that when there is no material to show that the possession was parted by the petitioner or was handed over to the complainant, no charge under section 447 of the Indian Penal Code can be framed against the petitioner.Dismissed a PIL seeking direction to Election Commission to investigate into the affidavit filed by the Rajya Sabha Member of Parliament, Rajeev Chandrasekhar, member of parliament and businessman.Held that the issue of paternity cannot be determined in a habeas corpus proceeding. The Court was dealing with a habeas corpus petition filed by a couple claiming that a child in the custody of Bal Sahyog - a child care NGO- was their child. They claimed that the child bore resemblance to their lost child and that the age of the child was about the same as it would have been of their lost son.Directed the Customs authorities to pay Rs. 93,34,783 to a Kenyan national, whose gold was confiscated and sold off by it without issuing show-cause notice. The order was passed by a Division Bench of Justices S Muralidhar and I S Mehta on a plea by Zhinet Banu Nazir Dadany, a Kenyan woman, from who gold weighing 3732.48 grams was seized by Customs officers at the New Delhi airport on January 5, 2015.Observing that it needed scientific consideration, the High Court issued notices to the Centre and the National Commission for Women seeking their response to a PIL calling for extension of time limit for terminating the pregnancy on a women's own will to 24 or 26 weeks from the present 12 weeks.Sought Robert Vadra's response on an Enforcement Directorate plea seeking cancellation of his anticipatory bail in a money-laundering case. Justice Chander Shekhar issued a notice to Vadra on ED's petition challenging trial court's April 1 order, which granted him anticipatory bail.Sought the response of the Centre and the Delhi government on a plea seeking effective steps for security and welfare measures, including medical insurance, for advocates. A bench of Chief Justice Rajendra Menon and Justice Brijesh Sethi issued notice to the central and state governments on the PIL and listed the matter for further hearing on August 7.Issued notice in a PIL seeking "equal opportunity to enter workforce" and regularization of "exorbitant fee" and GST charged for applying for various entrance examination and posts advertised by ...

High Courts Weekly Round Up

Ashok Kini

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