High Courts Weekly Round-Up

Allahabad High Court ● The Lucknow Bench of the Allahabad High Court posted the Habeas Corpus petition filed on behalf of Lucknow based senior lawyer and president of human rights group Rihai Manch, Mohammad Shoaib, for next week. The bench of Justices Shabihul Hasnain and Virendra Kumar-II, has granted a week's time to the State to file the counter affidavit. Advocate Shoaib was arrested on December 20 midnight over anti- CAA protests in Lucknow. A habeas corpus petition was moved on his behalf by Advocate Guarav Kumar Kashyap, alleging that since arrest, his whereabouts were not known. ● The Allahabad High Court has directed the National Human Rights Commission to investigate into the alleged police violence in Aligarh Muslim University, during anti-CAA protests. The order was passed by the bench of Chief Justice Govind Mathur and Justice Vivek Varma in the PIL filed by Mohd. Aman Khan against police action during an anti-CAA protest at AMU on December 15, 2019. The Commission has been directed to complete the probe within 5 weeks and the matter has been listed for February, 17. ● The Allahabad High Court took suo moto cognizance of the situation in the state of Uttar Pradesh, following the passing of the Citizenship Amendment Act. The division bench of Chief Justice Govind Mathur and Justice Vivek Varma took cognizance on news reports alleging that situation in the State of Uttar Pradesh is antithetical to core constitutional values. ● While making crucial observations with regards the deplorable condition of security cover at Courts, the Allahabad High Court directed the state government to prepare a roadmap for security of courts across the state and submit it before January 15. ● Justice Sidharth asked the courts to award proper sentence having regard to the nature of the offence and the manner in which it was executed or committed. While reproducing Section 4 of the Probation of Offenders Act, 1958 and Section 360 of CrPC, the high court observed that it was pertinent to release deserving convicts on probation and to cater to the reformative nature of Indian criminal jurisprudence. ● Justice Rajiv Joshi stayed an order of the UP government stating that schools running under the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act) should have owned premises, otherwise recognition will not be granted to them under Sections 18 and 19 of the Act. Bombay High Court ● The Bombay High Court held that parents of a married son are not entitled to claim filial compensation under the Motor Vehicles Act. Partly modifying the order of the Motor Accident Claims Tribunal, Solapur, the single-Judge bench of Justice RD Dhanuka struck off the amount awarded to the deceased's parents towards filial compensation ● A division bench of Justice SC Dharmadhikari and Justice RI Chagla dismissed a writ petition filed by Prannoy Roy and Radhika Roy, promoters of New Delhi Television (NDTV) challenging a show-cause notice issued by Securities and Exchange Board of India (SEBI) for alleged violation of Sections 12 a(d) and 12 a(e) of Securities and Exchange Board of India Act read with Prohibition of Insider Trading Regulations, 1992. The court refused to interfere with SEBI's notice alleging that the petitioners committed violation of insider trading regulations a decade ago. ● The Bombay High Court has held that an independent right of tenancy cannot be claimed to be inherited merely because the original tenant was a relative. Justice GS Kulkarni heard the petition filed by one Vasant Joshi along with his family members as he suffered eviction from the said property after lower appellate Court under its judgment and order dated November 1, 1997 allowed the eviction suit filed by the landlords of the property. ● Justice RK Deshpande and Justice Milind Jadhav of the Nagpur bench imposed a cost of Rs.50 lakh on Nagarjuna Agro Chemicals Pvt Ltd, a private company working in the agrochemical space for filing a "frivolous and vexatious" petition seeking an enquiry in respect of manufacturing and marketing of STFR (Soil Testing Fertilizer Recommendations) technology developed by Indian Council for Agriculture Research (ICAR) and Indian Agriculture Research Institute (IARI). ● The Bombay High Court refused to stay the release of the Deepika Padukone starrer movie "Chhapaak" based on the life Laxmi Agarwal an acid attack victim in the suit filed by writer Rakesh Bharti who claimed infringement against the makers of the movie. The movie was released on January 10 as decided. Justice SC Gupte questioned the plaintiff's lawyer as to how a case of copyright infringement is made out? ● The Chief Justice of the Bombay High Court has issued several directions to all the Principal District & Sessions Judges in the State after certain irregularities were observed while inspection...

High Courts Weekly Round-Up

Arabhi Anandan

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