High Courts Weekly Roundup (March 1 to March 7)

Allahabad High Court 1. Establish Uttar Pradesh Educational Services Tribunal Only After Court's Permission: Allahabad High Court [In Re Constitution Of Education Tribunals] A Division Bench comprising of Chief Justice Govind Mathur and Justice Saurabh Shyam Shamshery ordered that its permission is needed before establishing the Uttar Pradesh Education Services Tribunal, which is the subject matter of an ongoing lawyers strike. The Government is also requested to invite representatives of the Bar Associations of the Allahabad High Court at Prayagraj as well as at Lucknow to have deliberations with regard to their demands which are being agitated by different demand charters. In a suo moto case registered by the Court following conflict between the Allahabad High Court Bar Association and the Awadh Bar Association with respect to the location of Tribunal's principal seat, the Court said, "The Legislature may complete the process of enacting the Act of 2021, if so desires, but, shall establish Educational Tribunals as proposed only after the leave of this Court." 2. Allahabad HC Stops Establishment Of GST Appellate Tribunal In UP Without Court's Permission [Awadh Bar Association & Anr. v Union of India & Ors.] A Division Bench comprising Chief Justice Govind Mathur and Justice Ritu Raj Awasthi restrained the Central Government from establishing the GST Appellate Tribunal in the State of UP without Court's permission. The matter is kept for final disposal on March 15. In view of the ongoing conflict with respect to location of the Tribunal, the Court said, "Having considered the arguments advanced and also the instructions communicated to us on behalf of respondent nos. 1 (Union of India) and 2 (GST Council), we deem it appropriate to direct respondent nos. 1 and 2 for not establishing Goods and Services Tax Appellate Tribunal for the State of Uttar Pradesh without leave of this Court." 3. 'Prosecutrix Testimony Not Reliable': Allahabad High Court Acquit Rape Accused After 20 Yrs In Jail, Appeal Remained Defective For 16 Years [Vishnu v. State of UP] A Division Bench of Justices Dr. Kaushal Jayendra Thaker and Gautam Chowdhary came to the rescue of a man, after he suffered 20 years of incarceration in connection with a false rape case filed against him by a woman owing to an alleged land dispute. The Court opined that the sole testimony of a prosecutrix, if reliable, is sufficient to convict the accused. However, in the instant case, it observed that the testimony of the prosecutrix cannot be said to be that of a sterling witness and does not inspires the Court's confidence. The Bench also pulled up the UP Government for its failure to comply with the mandate of Sections 432 and 433 of CrPC for remission of prisoners lodged in jail for more than 14 years. Also Read: Allahabad High Court Pulls Up Govt For Failing To Consider Remission/ Commuting Sentence Of Eligible Convicts Also Read: Acquittal Of Rape Accused After 20 Yrs In Jail: NHRC Calls For Report From UP Govt. On Rehabilitation & Action Taken Against Erring Officials 4. Wife's Silence Cannot Give Rise To An Inference That She Had Consented For Purpose Of Adoption U/S 7 Of Hindu Adoption & Maintenance Act: Allahabad High Court [Bhanu Pratap Singh v. State of UP] A Division Bench comprising of Justices Manoj Misra and Rohit Ranjan Agarwal held that a wife's silence or lack of protest at the time of adoption by her husband cannot give rise to an inference that she has consented to such adoption under Section 7 of the Hindu Adoption & Maintenance Act, 1956. It held that in order to satisfy the mandate of the proviso to Section 7 of the Act, a party propounding adoption by a Hindu male, who has a living wife, has to adduce evidence to prove that the same was done with the consent of his wife. "This can be done either by producing document evidencing her consent in writing or by leading evidence to show that wife had actively participated in the ceremonies of adoption with an affirmative mindset to support the action of the husband to take a son or a daughter in adoption," the Bench said. 5. Allahabad High Court Denies Daughter's Custody To Mother Accused Of Murdering Husband, Grants Liberty To Seek Custody Once Acquitted [Gyanmati Kushwaha & Anr. v. State Of UP & Ors.] A Bench of Justice JJ Munir refused to hand over the custody of a two-year-old daughter to the petitioner-woman who has been accused of murdering her husband (i.e., child's father). It however, gave the mother the liberty to seek daughter's custody in the event she is acquitted by judgment based on doubt or otherwise. The Court opined that if the mother were to be convicted, the minor's welfare would be thrown into disarray. "It would be irreversibly unsettling and debilitating in her formative years. It may even expose her to insurmountable trauma, if she witnesses her...

High Courts Weekly Roundup (March 1 to March 7)

Akshita Saxena

Week commencing from March 1, 2021 till March 7, 2021

Tags