High Courts Weekly Roundup [13 December 2021 To 18 December 2021]

Hannah M Varghese

19 Dec 2021 2:37 PM GMT

  • High Courts Weekly Roundup [13 December 2021 To 18 December 2021]

    Allahabad High Court1. CBI Files Charge Sheet Against Former Allahabad HC Judge Justice SN Shukla In Medical College Bribery CaseThe Central Bureau of Investigation (CBI) has filed its charge sheet against former Allahabad High Court Judge Justice Sri Narayan Shukla in the medical college bribery case wherein he has been accused of favoring a private medical college in his orders.As reported...

    Allahabad High Court

    1. CBI Files Charge Sheet Against Former Allahabad HC Judge Justice SN Shukla In Medical College Bribery Case

    The Central Bureau of Investigation (CBI) has filed its charge sheet against former Allahabad High Court Judge Justice Sri Narayan Shukla in the medical college bribery case wherein he has been accused of favoring a private medical college in his orders.

    As reported by PTI (quoting CBI Officials), in its FIR, besides Justice Shukla of the Allahabad High Court, the agency has also named retired Chhattisgarh High Court judge IM Quddusi, Bhagwan Prasad Yadav, and Palash Yadav of the Prasad Education Trust, the trust itself and private persons Bhavna Pandey and Sudhir Giri.

    2. [S. 66A IT Act] Police Can't Lodge FIR, Courts Can't Take Cognizance Of Chargesheet: Allahabad HC Directs DGP, UP Courts [Harsh Kadam @ Hitendra Kumar v. State Of U.P. Thru Prin. Secy. Home And Anr.]

    The Court issued a direction to all the District Courts in Uttar Pradesh and to the Director-General of Police, U.P that no FIR be lodged under Section 66A of the IT Act, 2000 and no court to take cognizance on the charge sheet filed under the said section.

    The order came from the Bench of Justice Rajesh Singh Chauhan as it noted that Section 66A of the IT Act, 2008 has already been struck down by the Apex court in the case of Shreya Singhal vs. Union of India, reported in (2015) 5 SCC 1.

    Also Read: Circulating Indecent Videos Of Children, Blackmailing Them For Gains 'Serious Offences'; Society Struggling To Deal With The Menace: Allahabad HC

    3. 'Brutal Murder' Of Journalist Vikram Joshi: Allahabad High Court Rejects Bail Plea Of The Lone Accused [Sahnoor @ Chhotu v. State of U.P.]

    The Court recently denied bail to the lone accused in the Journalist Vikram Joshi Murder case. Joshi was shot in the head, in front of his two minor daughters in July 2020 in Uttar Pradesh's Ghaziabad district.

    Denying him bail, the Bench of Justice Rahul Chaturvedi noted that the facts and circumstances of the case showed the involvement of the applicant alone in committing the brutal murder of Joshi, a journalist.

    4. [49 Cases 'Wrongly' Imposed On A Man] "State's Heavy-Handed Exercise Of Powers Calls For Court's Interference": Allahabad HC [Gaurav @ Gaura v. State of U.P.]

    Dealing with a case related to a man against whom 49 cases were registered by the Uttar Pradesh Police over a span of 23 years, the Court observed that the state's heavy-handed exercise of powers resulting unforeseen situations which comprehend mischief to lives calls for interference of the Court.

    Observing that it is not expected from the U.P. Police, the Bench of Justice Vivek Kumar Singh had, last month, noted that such callous action cannot be imagined from the officers of the disciplined force.

    Also Read: Kasganj Custodial Death: Allahabad High Court Issues Notice On PUCL's Plea Seeking Establishment Of Fast-Track Police Courts

    5. Allahabad High Court Directs DGP, Lucknow CP To Recover & Produce A 15-Year-Old Girl 'Illegally Detained' By 2 Persons

    Expressing its disappointment over the lethargic attitude of the Uttar Pradesh Police to trace out a Hindu minor girl from the illegal detention of two youths who belong to a different religion, the Court directed the DGP and Commissioner of Police (CP), Lucknow to take necessary action in the matter.

    The Bench of Justice Vikas Kunvar Srivastav has directed the DGP and CP, Lucknow to recover the minor girl and ensure her production before the Court on December 23.

    6. Murder Convicts Get COVID Parole Thrice: Allahabad High Court Seeks Reply Of UP Govt, Orders Enquiry

    Questioning the move of the Uttar Pradesh Government to release 4 Murder convicts on COVID Parole, the Court directed the Chief Secretary of State's Government to enquire into the matter as to under what circumstances the convict/appellants were released on parole thrice.

    The Bench of Justice Ramesh Sinha and Justice Vivek Varma has also sought a report as to how many such convicted persons for death and life imprisonment by the trial Court and other convicts, who were in jail for the offences involving punishment for more than seven years, have been released in the State of U.P.

    Also Read: "Serious Allegations Of Mala-Fides": Allahabad HC Issues Notice To UP Dy-CM Keshav Maurya In 'Illegal House Grabbing' Case

    7. "Appointment Secured By Forging Caste Certificate": Allahabad High Court Upholds Termination Of Govt Teacher's Services [Munni Rani v. State Of U.P. Thru. Addl.Chief Secy.Basic Education & Ors]

    The Court upheld the order of the District Basic Education Officer terminating the services of a woman Government Teacher who was found to have forged and fabricated a caste certificate for securing her appointment.

    Observing that in her application, a woman Government Teacher had mentioned her caste to be 'Ansari', but she had submitted the caste certificate of her belonging to Scheduled Caste category while securing an appointment, the Bench of Justice Dinesh Kumar Singh upheld her termination order.

    8. Allahabad HC Orders Action Against CWC Chairman For Failure To Follow 'Junaid Case' Guidelines In Case Of 12-Yr-Old Sexual Assault Victim [Shivani Mishra v. State Of U.P And Another]

    The Court ordered action against the Chairman, Child Welfare Committee of district Pilibhit who failed to follow the guidelines laid down by the High Court in the case of Junaid Vs. State of U.P. and another.

    It may be noted that in Junaid's case, the High Court had, inter alia, issued directions and a timeline for the disposal of bail applications under the POCSO Act, 2012.

    Andhra Pradesh High Court

    1. Social Media Postings Against Judges: Andhra Pradesh High Court Seeks Fresh Status Report Of Investigation From CBI

    Dealing with the suo moto case regarding social media posts against Judges, the High Court sought a fresh status report of the investigation from the Central Central Bureau of Investigation (CBI) on the lines of their own proposal submitted before the Court as to how the agency intends to probe the case.

    The Bench of Chief Justice Prashant Kumar Mishra and Justice M. Satyanarayana Murthy ordered thus as it took into account the respective submissions of the counsels appearing for the parties, especially, the CBI, the High Court, and the Social Media Intermediaries.

    Bombay High Court

    1. Aryan Khan Need Not Appear Before NCB Every Friday: Bombay High Court Modifies Bail Condition

    The court allowed an application filed by Aryan Shah Rukh Khan seeking modification of his bail condition to appear before the Narcotics Control Bureau every Friday.

    Justice Nitin Sambre however made it clear that Khan must be present before SIT Delhi as and when directed, provided a prior 72 hours notice is given.

    2. Bombay High Court Dismisses Maharashtra Govt's Plea For Court Monitored SIT Probe Into Allegations Against Anil Deshmukh

    The Court dismissed the Maharashtra Government's plea seeking a court-monitored probe by a special investigation team (SIT) against its former home minister Anil Deshmukh, who is facing a CBI Probe under the Prevention of Corruption Act.

    Also Read: Bombay High Court Rejects Rashmi Shukla's Plea To Quash Mumbai Police FIR In Phone Tapping Case

    3. No Likelihood Of Bias Just Because CBI Director Is Ex-DGP : Bombay High Court Rejects Maharashtra's Plea For SIT In Anil Deshmukh Case

    The Bombay High Court has held that just because Subodh Kumar Jaiswal, the ex-DGP Maharashtra, now happens to be Director CBI, there is no likelihood of bias in the agency's investigation into police transfers and postings in Maharashtra.

    The court observed this while dismissing Maharashtra Government's petition to hand over CBI's anti-corruption probe against former Home Minister Anil Deshmukh to a court-monitored SIT.

    4. People Have Right To Know How Sameer Wankhede Got His Job : Nawab Malik Tells Bombay High Court In Defamation Case

    People have the right to know the "illegal manner" in which NCB Zonal Director Sameer Wankhede acquired his job under the scheduled caste category despite being a Muslim and the "illegalities committed" by him as a public official, NCP leader Nawab Malik said in an affidavit to the Court.

    Malik refuted allegations of malice against the Wankhedes citing his criticism of the NCB's conduct, under Sameer, from November 2020, much before his son-in-law's arrest by the agency.

    Also Read: 'Maharashtra Is A Pioneer In Tackling Covid-19': Bombay High Court

    5. Mumbai Congress President Bhai Jagtap Withdraws Petition Before Bombay High Court Seeking Permission To Use Shivaji Park Ground For INC Foundation Day Celebration

    Mumbai Congress President Bhai Jagtap unconditionally withdrew his petition before the Bombay High Court seeking permission to use Shivaji Park Ground for Indian National Congress's foundation day celebrations between December 22-28, 2021.

    The petition was withdrawn once it came up for hearing before a division bench of Justices Amjad Sayed and Abhay Ahuja.

    6. "Matter Of Fundamental Rights" - Bombay High Court Asks Maha Govt Logic Behind Denying Non-Vaxxed Local Train Travel

    The Court has asked Maharashtra Chief Secretary to clarify the reasons behind the government's decision to permit only fully vaccinated people to board local trains in the Greater Mumbai area in an affidavit.

    A division bench of Chief Justice Dipankar Datta and Justice M S Karnik was hearing petitions challenging the State Government's decision to permit only fully vaccinated people to board local trains, and visit malls and workplaces.

    Also Read: Plea In Bombay High Court To Use Shivaji Park Ground For Congress Foundation Day Rally

    7. Bombay HC Quashes FIR Over 'Unmindful' Sharing Of Facebook Post; But Directs Accused To Compensate Police For Time Spent On Probe [Pawandeep @ Pawan v. State of Maharashtra & Anr.]

    The Nagpur Bench has quashed an FIR registered against a person for allegedly hurting the sentiments of Muslim Community by sharing and circulating a Facebook post.

    The Facebook post shared by a resident of Gadchandur pertains to a comment made by a third person about former Nationalist Congress Party (NCP) MP Tarik Anwar leaving the party. The said comment was made in the backdrop of recent political developments involving former Maharashtra CM Sharad Pawar and Prime Minister Narendra Modi as well as the religion of Tarik Anwar.

    8. Is An Accused's Anticipatory Bail Plea Maintainable If He Is Already In Judicial Custody In Another Crime? –Bombay High Court Rules [Alnesh Akil Somji v. State of Maharashtra]

    The Court has held that an accused can be granted anticipatory bail even if he is in prison in connection with another offence, and that every case registered against an accused would have to be decided on its own merits.

    Justice VG Bisht held that neither CrPC nor does any other statute bar the sessions court or the High Court, as the case may be, from deciding the anticipatory bail application of someone already in custody in another offence.

    Also Read: Rahul Gandhi By Insinuation Compared All BJP Functionaries to Thieves, Lowered Reputation – BJP Leader Opposes Quashing Of Proceedings

    9. "Allegations Followed Him To His Grave": Plea In Bombay High Court Seeks To Clear Father Stan Swamy's Name In Bhima Koregaon Case

    Father Frazer Mascarenhas, former principal of St Xavier's College, Mumbai, has approached the Bombay High Court to clear Father Stan Swamy's name in the Bhima Koregaon – Elgar Parishad Case. He has also sought for a court-monitored judicial inquiry into his custodial death.

    10. Varavara Rao Medically Stable, Must Surrender: NIA Tells Bombay High Court; Complete Medical Report Summoned

    The National Investigating Agency (NIA) on Friday urged the Court to direct Telugu poet accused in Bhima Koregaon case, Varavara Rao (82), to surrender before the prison officials after a private hospital opined he is "cognitively normal."

    However, a division bench of Justices Nitin Jamdar and Sarang Kotwal directed the private hospital to submit Rao's complete medical examination report.

    11. Conviction Cannot Be Solely Based On Admissions Made By Accused In His Statement Under Section 313 CrPC: Bombay High Court

    The Court has said conviction cannot be solely based on the admissions made by the accused in his statement under Section 313 of the Criminal Procedure Code. The prosecution has to prove guilt of the accused beyond reasonable doubt.

    A single judge bench of Justice Anuja Prabhudessai while acquitting two accused of possessing counterfeit currency in Mach 2016, said, "The prosecution having failed to establish the guilt of the accused persons beyond reasonable doubt, the conviction cannot be based solely on the explanation given by the accused No.1 in his statement under Section 313 of the Criminal Procedure Code."

    Calcutta High Court

    1. Calcutta High Court Dismisses BJP's Appeal Against Single Bench Order Declining Plea To Deploy Central Forces For Kolkata Municipal Elections [Bhartiya Janta Party v. State of West Bengal]

    The Court dismissed an appeal moved by the Bharathiya Janata Party (BJP) against a Single Bench order of the High Court wherein BJP's plea seeking deployment of Central Forces for the upcoming Kolkata Municipal Elections had been declined. The Kolkata Municipal Corporation election is scheduled to be held on December 19.

    Also Read: BJP Moves Division Bench Of Calcutta High Court Against Single Bench Order Declining Plea To Deploy Central Forces For Kolkata Municipal Elections

    2. Calcutta High Court Seeks WBSSC's Response In Plea Alleging Issuance Of Fake Recommendation Letters In 'Group-C' Appointments In Schools [Sabina Yeasmin & Ors. v. State of West Bengal & Ors]

    The Court directed the West Bengal Central School Service Commission to file a detailed affidavit regarding vacancies declared, recommendation letters issued and the number of waitlisted candidates with regards to the recruitment process of 'Group-C' (non-teaching staff) in sponsored Secondary and Higher Secondary schools under the West Bengal Board of Secondary Education (WBBSE).

    3. 'Will Add To Transparency In The Election Process': Calcutta HC Directs State Election Commission To Install CCTV Cameras In All Polling Booths During Kolkata Municipal Elections

    The Court directed the West Bengal State Election Commission to install close circuit television (CCTV) cameras in all the main and auxiliary polling booths as also in strong room where EVMs will be kept during the upcoming Kolkata Municipal Corporation Election. The Kolkata Municipal Corporation election was held on December 19.

    4. Calcutta High Court Seeks Centre's Response In Plea Challenging Expansion Of BSF Jurisdiction In West Bengal [Sayan Banerjee v. Union of India]

    The Court sought response from the Central government in a Public Interest Litigation (PIL) petition challenging the Central government's power to decide the jurisdiction of the Border Security Force (BSF). The petition challenges Section 139(1) of the Border Security Force Act, 1968 (BSF Act) for being ultra vires to the Constitution to the extent that it provides 'unbridled, unrestricted and arbitrary' powers to the Central government for fixing the territorial jurisdiction of the BSF.

    5. Calcutta High Court Seeks Centre's Response In Plea Seeking Printing Of Netaji Subhash Chandra Bose's Picture On Indian Currency Notes [Haren Bagchi Biswas alias Harendranath Biswas v. Union of India]

    The Court has sought the Union government's response in a Public Interest Litigation (PIL) seeking directions to print images of Netaji Subhash Chandra Bose on Indian currency notes.

    The plea moved by 94-year old freedom fighter, one Haren Bagchi Biswas contends as to why Netaji Subhash Chandra Bose's picture cannot be printed on currency notes like Mahatma Gandhi's. The petitioner has further alleged that the government of India has not given due recognition to Netaji Subhash Chandra Bose's contribution towards the freedom struggle.

    Chhattisgarh High Court

    1. Chhattisgarh High Court Grants Interim Relief On Pleas Challenging 5-Yr Moratorium On Opening Of New Pharmacy Colleges [Chouksey College of Pharmacy & Another Vs. Pharmacy Council of India & Others]

    The Court granted interim relief to a batch of colleges who had approached it challenging the 5 year moratorium/ ban imposed by Government of India (GOI) and Pharmacy Council of India (PCI) on the opening of new Pharmacy Colleges in the country for the next 5 years.

    The Bench of Justice P. Sam Koshy, as an interim measure, allowed the colleges to file their application, while directing the PCI and GOI to process and scrutinize it and push it up to the penultimate stage of issuance of permission/ approval, which should be issued formally upon only after the final judgment of the Court.

    Delhi High Court

    1. Victim Compensation Scheme: Delhi HC Seeks Measures To Address Default In Sharing Data With DSLSA Apropos FIRs Pertaining To Sexual Offences [Umesh v. State]

    The Court sought to streamline the process of supplying FIRs pertaining to commission of sexual offences to the Delhi State Legal Services Authority (DSLSA) for the purposes of granting interim compensation to the victims.

    The development ensued in the Court of Justice Manoj Kumar Ohri, in a case where no interim compensation was granted to a victim of sexual assault.

    2. Bank Employees Owe Larger Responsibility To Uphold Customers' Trust, Even Suspicion Of Fraud With Some Credibility Sufficient To Dismiss From Service: Delhi HC [Asstt General Manager State Bank Of India v. Ashok Kumar Bhatia]

    The Court has observed that the employees and officials working in banks have a larger responsibility of ensuring the integrity of the banking system and maintaining the trust of the millions of customers, who repose faith in them.

    Observing that the banking system is the backbone of any country's economy, Justice Pratibha M Singh said that once there is a loss of confidence, that too by a Bank qua one of its officials, the standard on which such loss of faith or confidence is to be tested cannot be a very high standard.

    Also Read: Delhi High Court Calls For Sensitization Of Authorities About Directions For Execution Of Recovery Certificates, Status Report Sought

    3. Right To Be Forgotten: Delhi HC Issues Notice On Plea For Removal Of News Items About Alleged 2017 NET Scam, As CBI Files Closure Report [Antriksh Johri v. Union of India & Ors.]

    The High Court issued notice on a plea by a CBSE official seeking removal of the links and news items published in the year 2017, regarding the alleged NET answer sheet scam case, after a closure report was filed by the CBI finding no criminal involvement of the officials.

    Justice Rekha Palli has sought response from the Central Government and Google India in the matter.

    4.  Right To Privacy Includes Right To Be Forgotten, Personal Data Protection Bill Contains Provision For It: Centre Tells Delhi High Court [Jaideep Mirchandani & Anr. v. Union Of India Ministry Of Communication And IT & Ors.]

    The Centre has informed the Court that the fundamental right of Right to Privacy also includes the Right to be Forgotten and that the Personal Data Protection Bill 2019 contains provisions related to the doctrine.

    The development came after the Ministry of Electronics and Information Technology filed a short affidavit in a plea filed by two businessmen acquitted in a forgery case, invoking their right to be forgotten and seeking removal of the concerned judgment and news articles from internet.

    Also Read: 'State Duty Bound To See That Private Colleges Can Survive': Delhi High Court On Vacant Diploma Seats Due To Early Counselling In Govt Colleges

    5. Mother In Law Being Owner Not Barred From Claiming Eviction Against Daughter In Law Where Residence Is A Shared Household: Delhi High Court [Madalasa Sood v. Maunicka Makkar & Anr.]

    In the facts of a case for possession of property, the Court has observed that the mother in law being the owner of the property is not barred from claiming eviction against her daughter in law where the residence is a shared household.

    "Where a residence is clearly a shared household, it does not bar the owner, the plaintiff herein, from claiming eviction against her daughter-in-law, if the circumstances call for it," Justice Asha Menon observed.

    6. Purpose Of POCSO Act Is To Treat Minors As A Class By Itself So That An Attempt To Sexual Assault Or Molest Minors Entails Graver Consequences: Delhi HC [Suraj v. State]

    The Court has observed that the purpose of the POCSO Act is to treat minors as a separate class by itself so that an attempt to sexually assault or molest or abuse the minor entails graver and stricter consequences.

    Justice Subramonium Prasad made the observation while denying bail to two men in a case registered under sec. 376, 376D, 506 and 34 of the Indian Penal Code read with sec. 6 of the POCSO Act.

    Also Read: 'Many Food Articles Having Ingredients Sourced From Animals Are Passed Off As Veg': Delhi HC Orders Full Disclosure Of Manufacturing Ingredients

    7. Online Cheating & Fraud Rampant But Court Can't Remiss In Performing Duty To Uphold Liberty: Delhi High Court Grants Bail To Four [Moveen v. State]

    The Court has observed that though online cheating and fraud has become rampant in the Country, it cannot remiss in performing its duty to uphold liberty subject to other relevant considerations.

    Justice Subramonium Prasad granted bail to four persons namely Moveen, Waris, Manvendra Singh and Sajid in a case initially registered under Section 420 of IPC.

    8. Delhi High Court Orders For Treatment Of Children Suffering From Rare Diseases, Directs Centre To Ensure Availability Of Necessary Funds [Master Arnesh Shaw v. Union of India & Anr.]

    The Court directed that the treatment of children suffering from rare diseases be started forthwith at AIIMS or other Centres of Excellences established across the Country, observing that such children cannot be made to suffer when they are covered under the policy promulgated by the Central Government for the welfare of the children.

    Also ReadDelhi HC Denies Anticipatory Bail To Project Promoter For Misappropriating, Siphoning Off Funds Collected From Homebuyers; Withdraws Interim Protection

     9.  Delhi High Court Issues Notice To Excise Department Over Grant Of License For Opening Liquor Shop In Residential Area [Kavita Budhiraja & Anr. v. Commissioner Excise & Ors.]

    The Court issued notice on a petition challenging opening of a liquor shop in a shopping complex situated near the residential block of city's Shalimar Bagh area.

    The Division Bench of Chief Justice DN Patel and Justice Jyoti Singh took note of the petitioner's submission that opening of a liquor shop in a residential area affects the movement of women and children, and issued notice to the Commissioner, Excise, Entertainment & Luxury Tax Department of Delhi Government, who has granted license for the said shop.

    10. Plea In Delhi High Court Against 'Ex Post Facto' Environmental Clearance; Notice Issued To MoEF [Nishtha Shukla v. Union of India]

    The Court issued notice on a PIL challenging an office memorandum issued by the Ministry of Environment, Forest and Climate Change providing for ex-post facto Environmental Clearance (EC), i.e., the opportunity to obtain an EC for the projects which have already begun.

    The plea has been filed by Nishtha Shukla, claiming to be a student of architecture who is environmentally conscious, through Advocates Chirag Jain and Shobhit Shukla.

    Also Read: "Affairs In Child Care Centres Appalling, Run Away Inmates Being Kidnapped": Delhi HC Seeks State's Response, Appoints Sr. Adv. Rebecca John As Amicus

    11. Delhi HC Bats For Nat'l Database For Registrars To Check Existing Registered Societies While Granting New Registrations & Avoid Identical Names [Inidian Veterinary Association (Regd) v. Govt Of NCT Delhi & Ors] 

    The Court has said that a national database of Societies may have to be created and access of the same would have to be provided to all the Registrars across the country in order to check the existing Registered Societies, while granting registrations to new ones.

    Justice Pratibha M Singh was also of the view that there is an imminent need to consider amendments in the Societies Registration Act, 1860, as it applies to Delhi, for including provisions to safeguard the rights of third parties who may have grievances with the grant of registration to a particular society.

    12. No Guidelines For Booster Dose Of Covid-19 Vaccine; Present Priority Is Full Vaccination: Centre Tells Delhi High Court [Rakesh Malhotra v. GNCTD & Ors.]

    The Central Government has informed the Court that the current priority of the National Covid-19 Vaccination Program is to cover the entire eligible population with full vaccination including two doses, and that presently there are no guidelines regarding administration of booster doses.

    It said that the two expert bodies namely National Technical Advisory Group on Immunization (NTAGI) and National Expert Group on Vaccine Administration for COVID-19 (NEGVAC) have not issued any guidelines for administration of the widely anticipated booster dose, as of now.

    Also Read: "Surprised That Delhi Govt Does Not Have A State Consumer Welfare Fund Till Date": High Court Issues Notice To Chief Secretary

    13. Street Vendors Scheme Of 2019 Is Arbitrary; Pays No Heed To Delhi Master Plan/ Zonal Plan: Petitioners Tell Delhi High Court [New Delhi Traders Association v. GNCTD]

    The Court continued hearing a bunch of pleas challenging the vires of Street Vendors Act, 2014.

    The Bench of Justice Vipin Sanghi and Justice Jasmeet Singh heard Senior Advocate Sanjeev Ralli appearing for the petitioners, who have inter alia challenged the legislative competence of the Central Government to enact the impugned Act.

    14. Mere Recovery Of Stridhan Can't Be Sole Ground For Arresting A Person For Offences U/S 498A, 406 IPC: Delhi High Court [Pooran Singh v. State Of Delhi]

    The Court has observed that the mere fact that recovery of Istridhan is to be made from a person cannot be the sole ground for arresting him for offences under Sections 498-A (related to dowry demand) and 406 (criminal breach of trust) of the IPC.

    Justice Subramonium Prasad observed that in such cases, police are empowered under CrPC to conduct searches of premises of the accused.

    Also Read: Agatha Christie's Book "And Then There Were None" A Distinctive Mark : Delhi HC Directs Trademark Registration

    15. Delhi High Court Grants Protection To Inter Faith Couple Facing Threats From Woman's Family, Makes Police Officials Liable For Lapse In Their Security [Farheen Saini & Anr v. State Of NCT Of Delhi & Ors]

    Granting protection to an interfaith couple facing threats from a woman's family, the Court has made the Delhi Police officials including an ACP and SHO of the concerned area liable in case of any lapse in the security and protection of the couple.

    Justice Chandra Dhari Singh was dealing with a protection plea filed by the couple seeking directions on the police to protect their life and liberty from the family members of the woman, being respondents no. 3 to 5 in the matter.

    16. Delhi HC Concerned Over Execution Of Eviction Orders Under Senior Citizens Rules Before Expiry Of Limitation To File Appeal, Calls For Directions [Swati Ghai & Anr. v. Govt of NCT of Delhi & Ors]

    The Court has asked the Principal Secretary (Revenue) of the Delhi Government to issue appropriate directions in matters where eviction orders passed under Maintenance and Welfare of Parents and Senior Citizens Rules, 2009 are sought to be executed even before expiry of the limitation period to file statutory appeal.

    Justice Rekha Palli, who was of the view that the Court was coming across many such cases, directed that a copy of the said order be sent to the Principal Secretary (Revenue) to enable him to issue appropriate directions.

    Also Read: Taxation Relaxation Act Does Not Validate Reassessment Notices Issued Under Old Income Tax Act Regime : Delhi High Court Quashes 1.3K Notices

    17. Delhi High Court Orders Inspection Of Records Pertaining To Constitution Of All Town Vending Committees In City [New Delhi Traders Association v. GNCTD]

    The Court ordered the Delhi government to produce the relevant records pertaining to the constitution of all Town Vending Committees in the national capital under the Street Vendors Act, 2014, and explain as to how the various members are being nominated therein.

    The Bench of Justices Vipin Sanghi and Jasmeet Singh particularly sought information pertaining to nominations under the categories: (i) community based organizations, (ii) NGOs, (iii) Banks/ association of street vendors, (iv) Resident Welfare Associations, (v) Market/ traders' associations.

    18. Delhi Riots: High Court Denies Bail To Accused In Suleman Murder Case After Considering Eye Witnesses Statements & CCTV Footage [Ashish v. State Govt. of NCT of Delhi]

    Considering the statements of eyewitnesses and CCTV footage on record, the High Court has denied bail to a man accused of being part of a mob that had killed one Suleman during the North East Delhi riots.

    Also Read: Indicate Number Of Juveniles In Adult Homes & Those Transferred From Adult Jails To JJ Homes In Last 5 Years: High Court Asks Delhi Govt

    19Jurisdiction Of Authorities Under PMLA To Proceed Against Properties Of Corporate Debtor Ceases Once Liquidation Approved Under IBC: Delhi High Court

    The Court has adjudicated on the question as to whether the authorities under the Prevention of Money Laundering Act, 2002 would retain the jurisdiction or authority to proceed against properties of a corporate debtor once a liquidation measure has come to be approved in accordance with Insolvency and Bankruptcy Code, 2016.

    Justice Yashwant Varma in a detailed order held that the power to attach as conferred by sec. 5 of the PMLA would cease to be exercisable once any one of the measures specified in Regulation 32 of the Liquidation Regulations 2016 comes to be adopted and approved by the Adjudicating Authority.

    20. No Requirement For CMM To Fix Time Limit For Taking Possession Of Secured Asset While Exercising Jurisdiction Under Sec. 14 Of SARFAESI Act: Delhi HC [Housing Development Finance Corporation Ltd. v. Rakesh Kumar & Ors.]

    The Court has held that there is no requirement or justification for a Chief Metropolitan Magistrate to fix a time limit for taking possession of the secured asset while exercising jurisdiction under Section 14 of the SARFAESI Act.

    Justice Amit Bansal also held that in context of the proceedings initiated under the SARFAESI Act, an order passed in a civil suit instituted by a third party in respect of the mortgaged property or secured asset would not bind the secured creditor, if the said secured creditor was not a party to the Civil Suit.

    Also Read: Whether A Wife Living Together With Her Husband In His House Entitled To Maintenance U/S 125 CrPC? Delhi High Court Issues Notice

    21. Delhi High Court Seeks Response Over Steps Taken To Streamline Expeditious Disposal Of Trials In UAPA Cases Before Special Designated Courts 

    The Court has directed its Registry to file a further affidavit indicating the steps taken in order to streamline expeditious disposal of trials in Unlawful Activities (Prevention) Act cases pending before Special Designated Courts in the national capital. Justice Mukta Gupta directed Advocate Gaurav Agarwal, representing the Delhi High Court in the matter, to file the said affidavit while posting the matter for further hearing on February 14, 2022.

    22. Delhi High Court Calls For Implementation Of Guidelines Issued In Sujata Kohli Case For Promotion Of Judicial Officers

    The Court has called for expeditious implementation of guidelines for promotion of Judicial Officers in the city, set out by the High Court in the year 2018 in the case of Sujata Kohli v. Registrar General, High Court of Delhi.

    In order to inject greater uniformity, objectivity, transparency as well as predictability in the promotions of judicial officers, a Division Bench had set out a 100-marks criterion for preparing their Annual Confidential Remark (ACR grading).

    Other Developments: 

    Gauhati High Court

    1. 'Fatal': Gauhati HC Sets Aside Foreigners' Tribunal's Order Declaring A Woman As Foreigner Without Reference To Date Of Alleged Entry Into India [Asmina Begum v. Union of India]

    The High Court set aside an order of a foreigners' tribunal declaring a woman as a 'foreigner', after noting that the tribunal had not specified the period during which she was alleged to have come to India.

    The Court observed that such non-mentioning of the period of entry by the tribunal is 'fatal' and therefore must be reconsidered.

    2. 'Languishing In Jail For Last 7 Years': Gauhati High Court Directs State To Decide On Plea Of Rohingya Refugees Seeking Either Refugee Status In India Or Deportation To Myanmar [Saidur Rahman and 9 Ors v. State of Assam]

    The Court has directed the Assam government to take a decision at the earliest regarding a plea moved by ten members of the Rohingya community seeking either refugee status in India or deportation to Myanmar. The Court observed that the petitioners have been 'languishing in jail' for the last 7 years since the concerned authorities have not been able to arrive at a decision in this regard.

    Gujarat High Court

    1. Gujarat High Court Rejects PIL Challenging AMC's Circular Mandating 'No Vaccine-No Entry' To Public Places

    The High Court rejected a Public Interest Litigation (PIL) plea challenging a circular issued by the Ahmedabad Municipal Corporation denying entry to/in certain public places to those who have not received both the doses of COVID Vaccine.

    2. Gujarat High Court Rejects Asaram's Bail Plea In 2013 Rape Case, Directs Trial Court To Complete Trial Within 4 Months [Asharam v. State of Gujarat]

    The High Court rejected the bail application of self-proclaimed godman and rape convict Asaram Bapu in a rape case filed against him by a woman in the year 2013.

    The bail application had been moved under Section 439 of CrPC in connection with the FIR registered at the Chandkheda Police Station, District Ahmedabad for the offences punishable under Sections 376(2)(f), 377, 354, 357, 342, 346, 506(2) and 120(B) of the IPC. 

    3. Gujarat HC To Consider If Exception To Marital Rape From Section 375 IPC Violates Wife's Fundamental Right To Sexual Autonomy [Jaideep Bhanushankar Verma vs Union of India]

    The Court issued notice in a plea challenging the constitutionality of Exception 2 to Section 375 of the Indian Penal Code. Section 375 of the Indian Penal Code, 1860 (IPC) criminalises rape. However, Exception 2 thereto exempts a man who rapes his wife if she is not under fifteen years of age.

    Karnataka High Court

    1. Bar Council Of India Postpones Proposed Elections To Offices Of Chairman & Other Office Bearers; Agrees To Revisit Resolutions [Sadashiva Reddy Y R v. The Union Of India]

    The Bar Council of India (BCI) informed the Court that it has postponed the proposed elections to the office of the Chairman, Vice-Chairman and Executive Members of the Bar Council of India.

    Senior Advocate Professor Ravivarma Kumar, appearing for the BCI, submitted that, "The Bar Council intends to revisit all the resolutions that are under challenge before this court. We have postponed the elections and those elections which were declared will not be held".

    2. State Not To Make Kannada Language Compulsory In Degree Courses Till Further Orders: Karnataka High Court [Samskrita Bharati Karnataka Trust v. Union Of India]

    The Court directed the state government to not compel students who do not wish to take Kannada language as a compulsory subject while pursuing degree courses, till further orders.

    The direction was given while hearing two petitions, one filed by students and the other by Samskrita Bharati Karnataka Trust, challenging the Karnataka Government's decision making Kannada language a compulsory subject in degree courses in the State.

    Also Read: Karnataka High Court Issues Notice To State On Plea Against Levy Of Property Tax On Buildings & Lands Owned By Central Govt

    3. 'Reckless' Order Of Magistrate Taking Cognizance Of Rape Offence Despite Lack Of Allegations : Karnataka HC Quashes Proceedings [Manjunath Hebbar v. The State Of Karnataka]

    The Court quashed a criminal complaint in which a Magistrate took cognizance of the offence of rape on a complaint filed by the estranged wife of the accused, despite there being no allegations of rape against the accused.

    The complainant had filed the complaint against several persons, including the Pontiff of Ramachandrapura Mutt, with various allegations including rape. The husband of the complainant was also one of the accused. The Magistrate took cognizance of the offence of rape against the husband.

    4. COVID-19: Karnataka High Court Asks State If It Has Given Permission For NEOCON-21 Conference Expecting 3K Medical Professionals

    The Court issued notice to the state government asking whether any permission has been sought for organizing NEOCON-2021 in Bengaluru, which is expecting over 3,000 delegates (medical professionals) from India and neighbouring countries.

    Chief Justice Ritu Raj Awasthi and Justice Sachin Shankar Magadum said,

    "The additional government advocate may seek instructions as to whether any permission has been sought by organisers to convene the conference and whether any measures have been taken by the state government to ensure the adherence of SOP for Covid-19."

    Also Read: 'Effective Education Not Imparted Amid Covid': Karnataka HC Quashes KSLU Notif For Conducting Intermediate Sem Exams For 3-Yr LLB Course

    5. Competent Authority Required To Look At 'Entire Material' Placed On Record While Declining To Grant Sanction To Prosecute: Karnataka High Court [Karnataka Lokayukta Police v. State Rep. By Secretary]

    The Court has held that an investigating agency cannot be construed as a person aggrieved of an order passed by the State refusing to grant sanction to prosecute, a government servant in this case.

    Justice M Nagaprasanna further held that no fault was found with the exercise of discretion of the competent authority in looking into the "whole or entire material", while refusing to accord sanction.

    6. Extend Reservation Benefit To Kodava Community: Karnataka High Court Directs Government To Accept Recommendation Of Backward Classes Commission [Codava National Council v. The Chief Secretary]

    The Court has directed the state government to accept the recommendation given by the Karnataka State Backward Commission in 2010, which recommended certain benefits of reservation be extended to the Kodava community of Coorg.

    A single judge bench of Justice Krishna S Dixit said,"The above advice of the Commission being as clear as Gangetic waters."

    Also Read: How Many Students Appeared For Offline Exams Conducted For 5-Yr LLB Course? Karnataka High Court Asks KSLU

    7. 'Court Can't Substitute Its Discretion In Place Of Employer's': Karnataka High Court Refuses To Quash BSF Transfer Order [The Secretary Ministry of Home Affairs v. P S Venkatesh]

    The Court has refused to interfere in an order issued by Border Security Force (BSF) to a serving inspector, directing him to move from Bengaluru to Odisha, where his services are required in anti-naxalite operations.

    Justice Alok Aradhe and Justice Anant Ramanath Hegde while deciding on an intra-court appeal filed by the Ministry of Home Affairs, set aside the single judge bench order of May 25, by which the movement order issued to PS Venkatesh was quashed.

    8. 'She Is A Student Being Raised By A Single Parent': Karnataka High Court Permits Alleged Rape Victim To Abort 24 Weeks+ Pregnancy [Kumari V v. State of Karnataka and Ors]

    The Court recently permitted an alleged rape victim to medically terminate her pregnancy which crossed the stipulated 24-weeks period, stating that continuation of the same will affect her physical and mental health.

    Justice N S Sanjay Gowda, sitting at Dharwad Bench observed,

    "Having regard to the fact that the petitioner (survivor) is still studying and is being raised by a single parent, as affirmed by the psychiatrist, continuation of the pregnancy would definitely constitute grave risk to the mental and physical health to the petitioner."

    Also Read: Order XII Rule 6 CPC| Application For Judgment On Admissions May Be Filed At Any Stage Of Suit: Karnataka High Court

    9. Karnataka HC Directs DGP To Set Up Monitoring Agency, Ensure Adherence To Procedures For Management Of Cases Relating To Child Sexual Abuse [State Of Karnataka v. Kamalesh Gajanan Naik]

    The Court has directed the Director General of Police (DGP) to set up a monitoring agency to ensure that police officials follow the procedures regarding proper management and investigation of cases relating to Child Sexual Abuse.

    Justice Suraj Govindaraj and Justice J M Khazi said,

    "...it is required that all investigating officers are trained and sensitised in this regard and a monitoring agency set up by the Director- General of Police for the State of Karnataka to ensure that the SOP is followed and implemented both in letter and spirit."

    10. Excess Primary Healthcare Centres Established In State In Terms Of Population Ratio: State Tells Karnataka High Court [Gurunath Vadde v. State of Karnataka]

    The Karnataka Government has informed the Court that an excess of 822 Public Health Centres (PHC) have been established in terms of the population ratio in the state.

    The statement was made in a compliance report filed in response to the Public Interest Litigation filed by one Gurunath Vadde seeking to start a hospital at the gram panchayat level.

    Also Read: 'Convicts Are No Less Humans': Karnataka High Court Extends Parole Leave Of Convict To Get Treated From Doctor Of His Choice

    Kerala High Court

    1. Furnish Reasons For Withdrawal Of Criminal Cases Registered Against MPs/MLAs: Kerala High Court To State [Suo Motu v. State of Kerala]

    The Court has directed the State to furnish the details of all criminal cases pending against MPs and MLAs which were withdrawn after September 16, 2020, accompanied with the reasons for the same.

    Chief Justice S. Manikumar and Justice Shaji P. Chaly stated:

    "Respondents (state government and police) are directed to furnish the details of the criminal cases withdrawn after September 16, 2020. Respondents are further directed to furnish a consolidated statement, explaining the reasons for withdrawal of the cases registered against MPs/MLAs (sitting/former)."

    2.  Report Steps Taken To Provide Reservation To Transgenders In Educational Institutions & Public Appointments: Kerala High Court To Centre [Kabeer C. v. State of Kerala & Ors.]

    The Court has directed the Central government to furnish the steps taken for providing reservation to the transgender community in cases of admission in educational institutions and for public appointments.

    The court was adjudicating upon a plea filed in 2019 seeking the State to come up with positive steps to ameliorate the agony, fate, and plight of transgenders as dictated in the Supreme Court's NALSA ruling.

    3. Appeal Filed Before Kerala High Court Against Single Bench Decision Upholding Reappointment Of Kannur University Vice Chancellor [Dr. Premachandran Keezhoth & Anr. v. The Chancellor, Kannur University & Ors]

    The petitioners who had challenged the reappointment of Dr. Gopinath Ravindran as the Vice-Chancellor of Kannur University have appealed before a Division Bench against its recent single judge order dismissing the plea.

    The issue has been gaining momentum in Kerala since this is the first time in the history of the State that a Vice Chancellor was reappointed. Moreover, it is reported that he was reappointed into office hours after his send-off ceremony as the outgoing VC.

    Also Read: Kerala High Court Dismisses Plea Challenging Vice Chancellor's Reappointment At Kannur University [Read Order]

    4. Vague Statement In Victim's Testimony With No Indication Of Penetration Not Proof Of Rape: Kerala High Court [Ranjith v. State of Kerala]

    The Court observed that a statement from the victim that the accused hugged her with no indication of penetration would not attract the offence of rape under Section 375 IPC.

    Justice Kauser Edappagath observed: "Mere statement by the victim in her evidence 'the accused hugged and impregnated me' without indication about penetration aspect is not sufficient to attract the offence of rape."

    5. Plea Before Kerala High Court Assails Notification Barring Women Candidates To Certain Posts In Last Grade Services Like Watchman, Lascar [Princy Juliet R.C v. Chief Secretary to Government of Kerala & Ors.]

    A woman candidate has moved the Court challenging Note 1 of Rule 5 (b) of the Special Rules for Kerala Last Grade Service and clause 7 (iii) of Annexure A1 notification and aggrieved by the refusal to advise and appoint her to the post of Lascar under the Irrigation Department.

    6. Woman Moves Kerala High Court Over Inaction By Family Court To Excuse Her From Observing Iddat Despite No Consummation Since 2 Yrs [Fathimathul Nabila Noushad v. Mohammed Aslam]

    A plea has reached the Court challenging the Family Court's inaction over a woman's plea to be excused from observing iddat on the ground that there has been no consummation with the respondent (husband) since the last two years.

    When the matter came up for consideration, a bench of Justice Muhamed Mustaque and Justice Sophy Thomas temporarily stayed the injunction order passed by the Family Court restraining the woman from entering into a second marriage.

    Also Read: State Can Bring Its Entire Territory U/S 58(f) Of Transfer Of Property Act For Enabling Mortgage By Deposit Of Title-Deeds: Kerala High Court

    7. Kerala High Court Orders Appearance Of Ex-Judicial Officer S Sudeep Over FB Posts Criticizing Orders In Fake Antique Dealer Case [Ajith E.V. v. The Commissioner of Police & Ors.]

    The Court took note of a post allegedly uploaded on the Facebook handle of a former judicial officer S. Sudeep, which attacked the orders passed by it in the infamous fake antique dealer Monson Mavunkal's case.

    The Facebook post had ridiculed the Judge for the approach taken in the case and had expressed particular objection to the impleadment of the Enforcement Directorate and DGP into the matter.

    8. 'State Govt. Lacks Jurisdiction' : Kerala High Court Stays GO Fixing Price Of Packaged Drinking Water At Rs.13 [Kerala Packaged Drinking Water Manufacturers Association v. State of Kerala & Ors]

    The Court stayed the government order fixing the price of bottled water in the State at Rs 13 citing the State's lack of jurisdiction. Justice P.V. Kunhikrishnan observed that the State Government has no power to regulate the price of drinking water under the Food Security Act and sought the Centre's view on the matter.

    9. Private Complaint Alleging Medical Negligence Not Valid Unless An Expert Supports Charge Of Rashness: Kerala High Court [Syja v. Dr. Chandramathi & Ors.]

    The Court recently dismissed an appeal filed by a woman who accused a doctor and a nurse of medical negligence during her delivery, resulting in the infant's death. Justice Kauser Edappagath reiterated:

    "...a private complaint alleging medical negligence may not be entertained unless the complainant has produced prima facie evidence before the court in the form of a credible opinion given by another competent doctor to support the charge of rashness or negligence on the part of the accused doctor."

    Also Read: 'Scary, Where Are We Going Like This? ': Kerala High Court After Assailants Chop Man's Leg & Hurl It Across The Road

    10. 'Stringent Action Required' : Kerala High Court Directs State To Frame Guidelines Against Forced Conversion Therapy Among LGBTQ+ Community [Queerala & Anr. v. State of Kerala & Ors]

    The Court recently directed the State to frame guidelines against the allegedly forced conversion therapy delivered to individuals belonging to the LGBTQI+ community by medical practitioners in the State.

    Justice P.V. Kunhikrishnan observed:

    "If there is forced conversion as alleged by the petitioners, stringent action should be taken. This is a matter to be looked into by the 1st respondent. According to me, a guideline is necessary in this regard for conversion therapy, if medically it is possible."

    11. Presents Gifted By Parents For Daughter's Welfare Not Dowry: Kerala High Court [Vishnu R. v. State of Kerala & Ors.]

    In a significant judgment, the Court has ruled that presents given to the bride at the time of her marriage for her welfare will not count as dowry under the ambit of Dowry Prohibition Act, 1961.

    Allowing a petition filed by an aggrieved husband, Justice M.R. Anitha observed:

    "...presents given at the time of marriage to the bride without any demand having made in that behalf and which have been entered in a list maintained in accordance with rules made under this Act will not come within the purview of Section 3(1) which prohibits giving or taking of dowry. "

    12. Cannot Recall Witness For Failure To Mark Omissions During Cross-Examination In POCSO Cases : Kerala High Court

    The Court has ruled that failure to mark omissions from a witness' previous statements during their cross-examination is not always a valid ground to recall them in POCSO cases.

    However, Justice M.R. Anitha clarified: "I also make it clear that I do not want to make it as a precedent that material omissions need not be marked during the cross-examination of witnesses."

    Other Developments: 

    Madhya Pradesh High Court

    1. Madhya Pradesh High Court Seeks Details On Intention Of State To Promulgate Advocates Protection Act [Chandra Kumar Valeja v. Union of India & Ors]

    The Court has sought details about the present situation and the intention of the State with regard to promulgating the Advocates Protection Act.

    The Bench of Justice Sheel Nagu and Justice Purushaindra Kumar Kaurav was hearing a plea filed by a practicing lawyer, Chandra Kumar Valeja seeking direction to expedite the work on the bill and execute and enforce the promise/declaration made by the Chief Minister of Madhya Pradesh High Court with regard to implementation of Advocates Protection Act.

    2. "If One-Year-Old Girl Isn't Safe It Would Create Havoc In Society": MP High Court Upholds Life Sentence Of Rape Convict [Moolchand v. State of M.P.]

    "If a girl aged about 1 year is not safe in Society, then it would create havoc in the Society. Thus, such incidents are to be dealt with in all seriousness," observed the Court as it upheld the life sentence awarded to a man for raping a one-year-old girl.

    The Bench of Justice G. S. Ahluwalia and Justice Rajeev Kumar Shrivastava was hearing the plea filed by one Moolchand assailing the judgment and sentence passed by Additional Sessions Judge, Seondha, Distt. Datia convicting him u/s 376(2)(f) of IPC and sentenced him to undergo Life Imprisonment.

    3. Make Indore Bench Of NCLT Functional At Least For 2 Days A Week: Madhya Pradesh High Court To Centre

    The High Court has asked the Centre to leave no stone unturned to make the Indore Bench of National Company Law Tribunal (NCLT) functional at least for two days a week.

    The Bench of Justice Sujoy Paul and Justice Pranay Verma said this taking into account the fact that the litigants and lawyers of the jurisdiction are required to travel all the way to Ahmedabad, as the Indore bench of NCLT isn't functional yet.

    Madras High Court

    1. 'Men Are Glorified For Sexual Adventures; Women Are Objectified In Movies': Madras High Court While Upholding Conviction For Rape [Munna v. State of Tamil Nadu, Sivaraj v. State of Tamil Nadu]

    In a harrowing series of incidents where multiple women were subjected to sexual abuse and simultaneously videographed by a moneylender, the Court has upheld the conviction for the offence of Rape, punishable under Section 376 of IPC.

    The Court also upheld the conviction of a mobile phone technician who accessed those video files and sold them to the public.

    2. Madras High Court Disposes PIL Alleging Infringement Of 'Right To Education' Of 7 Yrs Old Temple Priest [D. Sivan v. The District Collector & Ors.]

    The Court has disposed of a public interest litigation seeking directions for upholding the right to education of a boy who was appointed as temple priest when he was five years old.

    The bench of Acting Chief Justice Munishwar Nath Bhandari and Justice PD Audikesavalu noted that the main grievance of the petitioner has been redressed by the respondent authorities since the child has been pursuing his education in the third standard as of now, without any impediments.

    Also Read: Death From Custodial Torture: State Government To Pay 5 Lakhs To Family Of Minor Victim In Four Weeks; Madras High Court Adjourns The Matter

    3. Job Racketeering: Madras High Court Rejects Anticipatory Bail Applications Of Former AIADMK Minister K.T. Rajenthra Bhalaji [K.T Rajendra Bhalaji & Ors v. The State of Tamil Nadu & Ors]

    The Court has rejected the two anticipatory bail applications filed by former AIADMK Minister K.T. Rajenthra Bhalaji accused in a Government job scam.

    A single-judge bench of Justice M. Nirmal Kumar noted that the court is not inclined to entertain either of the anticipatory bail applications filed by Bhalaji. The court observed that it is pertinent for the investigation to be concluded first.

    4. Madras High Court To Issue Directions For Removal Of Encroachment On Water Bodies Across State; Judgment Reserved 

    The Court has reserved its judgment on a batch of petitions challenging illegal encroachment of water bodies across the state of Tamil Nadu.

    The bench of Acting Chief Justice Munishwar Nath Bhandari and Justice PD Audikesavalu has expressed its inclination to issue directions on the common grievance of waterbody encroachment.

    Also Read: Elaborate & Fool-Proof Affidavit Format, State Funding, Stop Criminalisation Of Politics: Madras High Court To Hear Plea For Electoral Reforms

    5.'Adjournments Enemy To Justice Delivery System': Madras High Court Directs Sessions Court To Expeditiously Complete Trial In Eight-Year-Old Murder Case [Aleyamma Joseph @ Mini v. The Inspector of Police & Ors]

    The High Court has lamented about the perils of adjourning the cases indefinitely, even when the matter at hand is of such a grave nature that it warrants an expeditious trial. A bench of Justice S.M Subramaniam was hearing a writ petition filed by the widow of social rights activist Raja Mohan Chandra who was murdered in 2012.

    6. Maridhas's Tamil Nadu-Kashmir Remark "A Naïve Tweet In 'Pamukian' Sense, Not Intended To Subvert TN Govt" : Madras High Court Quashes FIR [M. Maridoss v. State Represented By The Inspector Of Police & Anr.]

    The Madurai Bench has quashed an FIR registered against YouTuber M. Maridhas for asking on Twitter whether Tamil Nadu is 'turning into another Kashmir under the DMK Rule'. The Tweet was made by the accused alleging certain comments were made celebrating the death of former Chief of Defence Staff (CDS) Bipin Rawat's demise in Coonoor chopper crash

    Also Read: Madras High Court Takes Suo Motu Cognizance Of Illegal Use Of Govt School's Play Ground By Private School & Municipality

    7. Veda Nilayam 'Memorial' For Jayalalithaa: Madras High Court Grants Leave To AIADMK To Challenge Order Setting Aside Land Acquisition Proceedings [All India Anna Dravida Munnetra Kazhagam & Another. v. J.Deepak & Ors]

    In a plea seeking the leave of the court to file a third-party appeal against the single judge order quashing land acquisition proceedings of Veda Nilayam, the Court has allowed the Civil Miscellaneous Petition by All India Anna Dravida Munnetra Kazhakam (AIADMK) and former AIADMK Minister C.Ve Shanmugam.

    8. 'No Substantial Decline In Tomato Prices': Madras High Court Permits Koyambedu Market Traders To Avail Temporary Parking Till Pongal [Thanthai Periyar Tomato Traders Association v. Member Secretary & Ors.]

    The Court has allowed the interim arrangement of unloading perishables in an earmarked place in Koyambedu Market, in a bid to control soaring tomato prices, to continue till the Pongal Festival is over.

    "The court feels that the interim arrangement may continue for a period of three weeks till the Pongal Festival is over. Thereafter, the situation can be reviewed after both parties file their reports. Aforesaid arrangement to continue for the next three weeks."

     Other Developments:

    Meghalaya High Court

    1. Don't Persuade People To Get Vaccinated Or Provide For Disincentives Upon Their Refusal: Meghalaya HC To State Govt [Registrar General, High Court v. State of Meghalaya]

    Dealing with a Public Interest Litigation (PIL) plea filed to deal with the COVID pandemic situation in the state, the Court asked the State Government not to relent on the vaccination drive or try to persuade people to take the vaccination or even provide for disincentives upon their refusal.

    This direction came from the Bench of Chief Justice Sanjib Banerjee and Justice W. Diengdoh while posting the matter for further hearing in February 2022 as it noted that the number of covid cases in the State has been on the decline.

    Orissa High Court

    1. 'Even Basic Standard Of Decent Living Not In Place': Orissa HC On Watching Real-Time Video Of Rehabilitation Colony For Evicted Slum Dwellers [Ruja Bibi v. State of Odisha]

    The Court expressed serious concern over the lack of basic amenities at the rehabilitation and resettlement colony set up by the Cuttack Municipal Corporation (CMC) at Nimpur for slum dwellers evicted from three locations in the city.

    The CMC had set up nearly 1,000 houses at the Nimpur colony for the evicted slum dwellers over a year ago.

    2. Orissa High Court Directs Postponement Of State Film Awards Ceremony [Bobby Islam v. State of Odisha and others]

    The Court directed the postponement of the Odisha State Film Awards ceremony which was scheduled to be held this week.

    The direction from the Bench of Justice Arindam Sinha came while hearing a plea filed by Odia film direction, Bobby Islam who submitted that two films, which have been selected on several categories in the list for the award, are ineligible for entry under rule 3(b) in Orissa State Awards for Films Rules, 2010 as they are not original films.

    3. 'Robbed People Of Their Dreams, Worse Than Murder': Orissa HC Denies Bail To Accused Who Duped Home Buyers Of ₹4.16 Crore [Maheswar Sahoo @ Sahu v. State of Odisha]

    The Court observed that economic offences involving unfair exploitation of depositors and causing total imbalance in the economy are 'worse than murders'.

    The Court was adjudicating upon a bail plea filed under Section 439 CrPC by one Maheswar Sahoo, accused of duping home-buyers//investors of more than Rs 4.16 crore on the pretext of providing them with duplexes.

    Patna High Court

    1. Patna High Court Seeks Details On Health Infrastructure In Bihar From Chief Medical Officers Of All 38 Districts Of State

    The Court asked the Chief Medical Officers presently posted in all the 38 districts of Bihar to furnish details regarding health infrastructure in the state.

    The bench of Chief Justice Sanjay Karol and Justice S. Kumar also directed the Additional Chief Secretary, Department of Health, Government of Bihar, and all the Civil Surgeons-cum-Chief Medical Officers shall remain present through virtual mode today.

    2. Judiciary Can't Be Threatened By Misdirected Individuals: Patna HC Directs FIR Registration Against Advocate Accused Of Abusing Judges [Shiv Kumar v. The State of Bihar and others]

    The Court ordered the registration of a First Information Report (FIR) against an Advocate, who has been accused of abusing the Judges of the Supreme Court including the former Chief Justice of India, Patna High Court Judges as well as the Union Law Minister and other dignitaries.

    Punjab & Haryana High Court

    1. Why Shouldn't Interrogation Of Accused In Appropriate Cases Be Videographed?: P&H High Court Asks Punjab, Haryana DGPs [Kaushal vs State of Haryana and others]

    The High Court asked the Director-General of Police (DGPs) of Punjab and Haryana State as to why the court should, not in appropriate cases, direct that interrogation of the accused be conducted under videography so as to eradicate the chances of the accused being tortured by the police.

    Rajasthan High Court

    1. [Indian Citizen's Dead Body Stuck In Russia] "Unprecedented Situation": Rajasthan High Court Issues Notice To Russian Govt [Asha and others v. Union Of India and others.]

    The Court issued a notice to the Russian Embassy/Government of the Russian Federation on the plea of the wife and children of one Hitendra Kumar Garasiya, who passed away in some accident in Russia and his mortal remains are lying in Russia unattended for the last four months.

    The Bench of Justice Dinesh Mehta took into account the submissions of the Union of India that all the endeavors are being made to ensure that the mortal remains of said Hitendra Kumar Garasiya (petitioners' husband/ father) are brought to India.

    Uttarakhand High Court

    1. Uttarakhand High Court Issues Slew Of Directions For Prison Reforms In View Of 'Horrifying Conditions Of Jails In State'

    Perusing the affidavit filed by the state government on the conditions of jail in the state, the Court issued a slew of directions for the state government regarding prison reforms.

    The directions have come from the Bench of Chief Justice Raghavendra Singh Chauhan and Justice Narayan Singh Dhanik while perusing the affidavits filed by Secretary (Home), and the Inspector General of Prisons, Uttarakhand pursuant to the order of Court.

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