High Courts Weekly Round Up

Allahabad High Court Released an Iranian student on bail in connection to a criminal case for overstaying his visa while recalling that "Bail is rule and jail is exception".Passed detailed directions for providing financial assistance to needy advocates affected by COVID-19 and Lockdown and constituted a Monitoring Committee consisting of various office bearers of the HCBA to oversee the same. In a direction issued subsequently, it clarified that the identity of beneficiary Advocates will remain confidential and all transactions made by the HCBA will be audited. The court also recognized the vital role played by Advocates' Clerks in Court Management and thus requested govt. to examine the viability of framing welfare legislation for them. Bombay High Court Refused to entertain a writ petition filed by a member of the Bharatiya Janata Party seeking a writ of certiorari to be passed quashing the April 9 decision of the state council of ministers to recommend Chief Minister Uddhav Thackeray's name for nomination as Member of Legislative of Council to the Governor. The court observed, "Court's interference at this stage is not at all required since any such interference at this stage would amount to preventing the Governor from taking any independent decision. The reliefs sought in the Writ petition therefore appear to be premature. The Petitioner at this stage is not entitled to any urgent reliefs." Bench at Nagpur sought a reply from the Maharashtra government to a petition challenging a circular issued by the State prohibiting door- to-door distribution of newspapers in view of the Covid-19 pandemic.Dismissed a plea filed by the Ministry of Corporate Affairs (MCA) seeking a five year ban on Deloitte and KPMG's arm BSR Associates, for alleged violation of accounting standards while working for the debt ridden IL&FS Financial Services (IFIN). The order was passed on account of "non-application of mind" by the MCA before issuing directions to lodge prosecution against the auditors.Bench at Aurangabad took suo-motu cognizance of newspaper reports regarding a government notification whereby print media was exempted from lockdown but the door-to-door delivery of magazines and newspapers was prohibited.Sought a response from the state and the central government in a batch of PILs contending that hospitals in the city are turning away non-covid19 patients.Directed the High Power Committee in the state to decide whether the distinction made between prisoners/ undertrials accused under IPC and those under special enactments like MPID, MCOCA, NDPS, PMLA, UAPA etc for release on parole due to the pandemic of Covid-19, is discriminatory. The direction was made in a letter petition highlighting the fact that the Supreme Court's order dated March 23 does not make any such discrimination between the two categories of prisoners/ undertrials. Calcutta High Court Declared that a member of a family whose land has been acquired with an assurance of providing an employment over and above the financial compensation, cannot be denied any employment in the organisation on the ground of his suffering from colour blindness. Delhi High Court Directed the Central Government, Delhi Government, National Commission for Women, Delhi Commission for Women, and other concerned authorities to convene a meeting at the highest level to look into the issue of protection of women from domestic violence during the lockdown period.Held that lockdown is "prima facie in the nature of a force majeure" and passed an interim order restraining the invocation of bank guarantees.Ordered that parents can approach the Directorate of Education if they are aggrieved by any school charging consolidated fees during the lockdown period. The court also however noted that charging of tuition fee is justified as the same is utilised in paying salaries to the teaching staff and organising online classes.Granted interim suspension of sentence to a 72 years old man convicted and sentenced for 10 years of imprisonment for committing sexual assault on a minor, while taking into consideration his medical vulnerability. While doing so, the High Court imposed a bizarre condition that the convict will make a video-call to the Investigating Officer every Friday, and will also 'drop-a-pin' on Google maps, so that the IO/SHO can verify his location.Clarified that mere ownership or even registration of a mark does not lead to any presumption of the mark having a reputation and goodwill, in a plea for permanent injunction.Directed the Delhi Govt to ensure a helpline number for assisting pregnant women during lockdown.Issued notice in an application highlighting the possible danger of using the centralised air conditioning system at the time of a virus pandemic.Restrained YES Bank from declaring a loan account as a 'Non Performing Asset' for non-payment of installment...

High Courts Weekly Round Up

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