High Courts Weekly Round Up

Allahabad High Court Converted the conviction for murder under Section 302 IPC to culpable homicide not amounting to murder by applying Exception IV to Section 300 IPC. Held that anticipatory bail application filed under Section 438 of Criminal Procedure Code is not maintainable before the High Court without exhausting remedy before the Court of Sessions, unless there are 'extraneous or special reasons'. Bombay High Court Held that parents of a child born through surrogacy are also entitled to maternity and paternity leave. Division bench of Chief Justice Pradeep Nandrajog and Justice NM Jamdar was hearing writ petition filed by Dr. Pooja Doshi seeking relief on rejection of maternity leave by her employer on the ground that Leave Rules and policy governing the rules do not permit leave for a child born out of surrogacy. Took a stern stand against frivolous petitions/PILs and dismissed a petition filed by one Sapan Shrivastava seeking admission for his son under Right to Education Act. Sapan, who admittedly has filed more than 25 petitions before the High Court so far had claimed to belong to economically weaker section. Delhi High Court A division bench of the High Court held that the ordinary parameters for grant of interim injunctions should be followed in patent infringement suits as well.Ordered 10 local bodies including Delhi Jal Board, New Delhi Municipal Corporation and Municipal Corporation of Delhi to file affidavits stating whether or not they are employing manual scavengers, directly or indirectly. The court also remarked that if people continue to die, someone has to go to jail.Reiterated that court cannot recast the terms of an arbitration agreement entered into between parties and should rather make efforts to ensure that the parties adhere to the choice of the Arbitrator or to the mechanism for constituting the Arbitral Tribunal as envisaged by the Arbitration Agreement.Asked the Delhi Government to consider the plan of self-financed buses as one of the solutions to curb air pollution in Delhi. The Division Bench of Justice Sistani and Justice Jyoti Singh was hearing a clubbed PIL seeking directions to be given to the Delhi government to take measures to curb chronic air pollution in the capital city.Passed an Order directing the Delhi Government to file an affidavit showing steps taken by them for regulating Electronic Nicotine Delivery Systems (ENDS) in the state. The court noted the urgency of the matter by highlighting that many children are picking up ENDS such as e-cigarettes without knowing the harm it can cause to their health.In a petition seeking termination of the pregnancy beyond 20 weeks, the High Court opined that the right to terminate pregnancy cannot be denied merely because the gestation has continued beyond 20 weeks. The bench comprising of Chief Justice DN Patel and Justice C. Hari Shankar said that in certain circumstances it is difficult to refuse the permission to undergo medical termination of pregnancy.Dismissed the petitions seeking quashing of NEET UG, 2019 result.Dismissed a PIL seeking reduction in fares of Delhi metro. The court cited that price fixation is a statutory function under section 33 Metro Railways Act, 2002, hence intervention can't be made.Sought response from the Centre and the Telecom Regulatory Authority of India on a PIL demanding refund of excess subscription fee running into thousands of crores of Rupees collected and misappropriated by broadcasters on the basis of illegal tariff orders.Barred e-commerce websites from selling products of companies which are engaged in direct selling. The court held that the products are being sourced through unauthorized channels and that they are tampered and impaired which violates the rights of the Petitioners under the Trademark Act.Ruled that malls, multiplexes, shopping establishments etc., have to provide parking to the customers without collecting any fee from them. The Division Bench of Acting Chief Justice Anant Dave and Justice Biren Vaishnav reached this conclusion based on the interpretation of provisions in Gujarat building and town planning laws which mandate that building owners should "provide" car parking space.Held that there are adequate provisions under Persons With Disabilities Act, 2016, to recognize, preserve and promote Indian Sign Language. The court, however, rejected the claim of the petitioner to direct the government to include ISL in Schedule VIII of the Constitution.Dismissed a PIL seeking directions to make 'marital rape' a ground for divorce. The matter fell within the mandate of the Legislature and no judicial orders can be passed in that regard, held the Court.Dismissed a PIL seeking legal recognition of marital and familial relations of persons belonging to the LGBTQ community. The court recognised the prayer of the petitioner to be legislative in nature, hence it refused to...

High Courts Weekly Round Up

Ashok Kini

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