High Courts Weekly Round-Up

Bombay High Court Asked the Reserve Bank of India to file an affidavit-in-reply in former ICICI bank CEO and MD Chanda Kochhar's plea challenging ICICI's decision to terminate her. Division bench of Justice Ranjit More and Justice SP Tavade heard Kochhar's writ petition which contends that the bank could not have terminated Kochhar retroactively in 2019 when her retirement was approved in October 2018.While hearing a PIL filed by Public Concern for Governance Trust seeking effective enforcement and implementation of the Right to Information Act, 2005, the division bench of Justice SC Dharmadhikari and Justice RI Chagla of the High Court held that right to information is implicit and inbuilt in Article 19(1)(a) of Constitution.Ruled that in light of the State Government's notification dated August 11, 2008, the Commissioner of Police has powers equivalent to an executive magistrate and district magistrate within the metropolitan area of Brihanmumbai for the purposes of Section 18 and 20 of the Immoral Traffic (Prevention) Act, 1956.Granted permission to Prabhu Yeshu Janmotsav to hold the annual Christmas Music Festival on area of 15,000 square meters at Girgaum Chowpatty on Marine Drive, Mumbai.Upheld the conviction of gangster Arun Gawali in the murder of Shiv Sena corporator Kamlakar Jamsednakar and life imprisonment awarded to him by Special MCOCA Court. Gawali was convicted under Section 302 of the Indian Penal Code and various sections of the Maharashtra Control of Organized Crime Act, 1999 and sentenced to life.Imposed a cost of Rs.10,000 on three petitioners in a case seeking quashing of an order passed by an Additional Collector (Encroachment/Eviction) as they were unable to explain a 'forged' thumb impression that was embossed on behalf of the fourth petitioner on the vakalatnama praying for withdrawal of their writ petition.Goa bench, directed the trial court not to allow the Tarun Tejpal's lawyer to ask questions during cross-examination which are irrelevant to the trial of the rape case alleged against him. Justice Nutan Sardessai passed the order in the victim's plea to restrain Tejpal's counsel Shrikant Shivade from asking her "indecent and scandalous" questions.While hearing a batch of PILs which ended up exposing the Rs.6,000 crore tribal scam, the High Court observed- "If the State has accepted the Justice Gaikwad Committee's Report and initiated action, it is bound to take it to its logical end. We hope that none would be protected and shielded even if close to the political dispensation, presently in power in the State or the Centre. " Calcutta High Court The Bench led by Justice Amit Sinha, while dismissing a writ petition, said that it is settled law that in domestic enquiries strict rules of evidence is not required to be followed. The charge is decided upon the preponderance of probabilities. The court added, as long as there is some evidence in support of the charges the disciplinary authority can act on the basis of the same. Chhattisgarh High Court The division bench of the High Court, Chief Justice P R Ramachandra Menon and Justice Parth Prateem Sahu, while dealing with an appeal regarding land acquisition said that, the minimum value insisted to be reckoned for the stamp duty payable under the Stamp Act need not necessarily reflect the actual market value always. The court added, it does not mean that a bonafide purchaser cannot show the actual value and pay the requisite stamp duty accordingly. Delhi High Court Stayed the proceedings in a criminal defamation complaint filed against Delhi Chief Minister Arvind Kejriwal for retweeting an alleged defamatory video posted by social media commentator Dhruv Rathee. The single bench of Justice Suresh Kumar Kait has also issued notice to the complainant Vikas Sanskrityayan.Directed Delhi Police to ensure that the functioning of the administrative block of the JNU is not locked down by the protesting students. Police is also directed to provide protection to the Vice-Chancellor and Registrar for entering the administrative block.Quashed the criminal proceedings for corruption and criminal conspiracy against former Rajya Sabha MP Mahmood Asad Madani. The Single Bench of Justice Suresh Kait held that the Petitioner had no mens rea to commit the crime of conspiracy under section 120B. Moreover, though access amount has been claimed but that is due to inadvertence on the part of P.A. of the petitioner, who did not do it with ill intention.Issued notice to Delhi Government, Central Government, Police Commissioner and Bihar Government in a plea asking the authorities to investigate the angle of child labour in the Anaj Mandi case. The petition claims that there's a credible reason to believe that an attempt to cover up the fact that this is a gross case of child labour is underway at the part of the State...

High Courts Weekly Round-Up

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