High Courts Weekly Round Up

Bombay High Court Directed State government to pay Rs.10 lakh to parents of a minor girl for negligent investigation. The girl went missing and subsequently her body was found by the police on January 2, 2012.Refused to grant the crime branch full custody of the three doctors who are accused of abetting the suicide of Payal Tadvi, a 26-year-old second-year MD student at Mumbai's TN Topivala National Medical College.Upheld the Constitutional validity of Section 376-E of IPC which provides that repeat offenders in rape cases can be awarded life imprisonment or death penalty. Calcutta High Court Allowed the termination of a pregnancy having a period of 25 weeks on the finding that the foetus had congenital defect. Justice Protik Prakash Banerjee passed the order, following a Division Bench judgment of the Calcutta High Court in Suparna Debnath v State of West Bengal, which held that Section 3 of the Medical Termination of Pregnancy Act 1971 will include a case where there is congenital defect which would not be conducive to the health life of a child if carried to term. Delhi High Court Observed that Section 15(2) of the Contempt of Courts Act, 1971 has no application in the context of contempt of Central Administrative Tribunal (CAT).Quashed a notification under the 'Make in India' program, which provided preferential commercial treatment to 'Indian built ships'. The Court said that the Merchant Shipping Act 1958, under which the notification was purportedly issued, was not concerned with the place where the ship was built; rather it was concerned only with the ownership of ship.Held that once interim maintenance is sought by a wife under Section 23 of the Protection of Women from Domestic Violence Act, 2005, it cannot be denied to her unless she is gainfully employed drawing a salary.A Division Bench of the High Court said that the judgment of a Single Bench holding a suit for passing off based on a design registered under the Designs Act to be not maintainable does not appear to be prima facie correct.Held in Rakesh Asthana's case that seeking extension of the time set by Court for investigation will not amount to review so as to attract bar under Section 362 of the Code of Criminal Procedure 1973.Held that once interim maintenance is sought by a wife under Section 23 of the Protection of Women from Domestic Violence Act, 2005, it cannot be denied to her unless she is gainfully employed drawing a salary.Reiterated that only the conscious possession of a firearm or ammunition, where the person is fully aware of the possession, can amount to offence under the Arms Act 1959.Passed an interim order restraining mobile and laptop manufacturing company Asus Technology from using the mark "ZEN", "ZENFONE" and other similar terms while selling mobile phones and other products. Holding that the rigours of provisions of the Passport Act which restrict from issuance/ renewal of passport to persons facing criminal prosecution stand relaxed by a notification issued by the Centre in 1993, the High Court directed the Regional Passport office to renew the passport of Rajiv Chaturvedi, the Chief General Manager of state-run PEC Limited. Clerks of lawyers are part and parcel of the system involved in dispensation of justice, the High Court said while holding that medical and canteen facilities should be extended to them. The observation was made by the court on a petition by the Delhi High Court Bar Clerks Association seeking enforcement of several welfare measures including provident fund, pensions and group insurance policy Gauhati High Court Directed the interim release of ex-army man Mohammad Sanaullah, who was arrested and sent to detention centre on May 28, after a Foreigners Tribunal in Assam adjudged him a 'foreigner'. Karnataka High Court Held in Sipani Energy Ltd v The Commissioner BBMP that the auto LPG stations are required to get the trade license from Municipality. It said that the power to grant/refuse license vested in the Commissioner as per Section 353 of the Karnataka Municipal Corporations Act, 1976 is wide and trade license can be refused where the proposed activity is likely to cause nuisance.While calculating loss of dependency to decide about compensation in motor accident cases, the age of the deceased accident victim has to be taken into consideration held the High Court in The Oriental Insurance Company Limited v. Rathna & others. Bench of Justice H.T. Narendra Prasad was hearing an appeal filed by the appellant Insurance Company challenging the judgment and award passed by the Court of Additional Senior Civil Judge & Additional MACT, Udupi in a motor vehicle claim. Kerala High Court Expressing displeasure over the delayed preparation of the Coastal Zone Management Plan (CZMP) for Kerala under the earlier Coastal Regulation ...

High Courts Weekly Round Up

Ashok Kini

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