High Courts Weekly Roundup [February 1 – February 7]

Allahabad High Court 1. UP Govt. Agrees Before Allahabad High Court To Permit 3 Persons Arrested With Siddique Kappan On Way To Hathras To Meet Lawyers In Jail [Atiq Ur Rehman & Ors.v. State of UP & Anr.] The Uttar Pradesh Government informed the Division Bench comprising of Justices Surya Prakash Kesarwani and Shamim Ahmed that lawyers of the 3 alleged PFI members, arrested alongside journalist Siddique Kappan on their way to Hathras, are permitted to meet them in Jail. AAG Manish Goyal said that the counsels may meet the Petitioners in accordance with the Jail Rules. The development comes after Petitioners' counsels alleged that Superintendent of Jail, Mathura, is not permitting them to meet their clients. 2. Allahabad High Court Grants Bail To Murder Accused Incarcerated For 7 Yrs Without Production Of Any Evidence/ Witness Against Him [Rajiv Pratap Singh v. CBI] A Single Bench of Justice Manish Mathur granted bail to a murder accused, imprisoned since more than seven and a half years, without production of any material witness or evidence against him in the Trial Court. "Although the offence with which applicant has been charged is a serious one but it is also a relevant factor to consider that the said charge being based on the testimony of two witnesses, neither of the two have been produced by the CBI in the trial, which is pending since 2013. Even counter affidavit of the CBI is silent with regard to the time frame within which the said two witnesses are to be produced in the trial proceedings," observed the High Court while allowing third bail application of the accused. 3. Despite Marrying Willingly A Minor Girl Can't Be Allowed To Stay With Husband Till She Attains Majority: Allahabad High Court [Pradeep Tomar & Anr. v. State of UP & Anr.] A Bench of Justice JJ Munir held that a minor girl cannot be allowed to live in a matrimonial relationship with a man she claims to be her husband, even if she had left her home of her own accord and married the Man out of her own free will. The Court held that the marriage of the minor girl would not be void under Section 12 of the Prohibition of Child Marriage Act, 2006, but would be voidable under Section 3 of the said Act. "It would, therefore, be open to the prosecutrix to acknowledge the marriage or claim it to be void, once she attains the age of majority. It would also be open to her, once she attains the age of majority, to go wherever she likes and stay with whomsoever she wants," the Court held. 4. "BSNL Occupying Land Unlawfully"- Cannot Expect Such A Conduct On Part Of Government Company: Allahabad High Court [Tasirul Nisha v. BSNL & Anr.] Noting that an instrumentality of the State, i.e. BSNL is occupying the land of the petitioner unlawfully, a Division Bench of Justice Devendra Kumar Upadhyaya and Justice Manish Kumar expressed its displeasure. The Court noted that the Govt Company is utilizing the Petitioner's land without even paying rent. It has now sought reply from the concerned authorities. 5. "Be Cautious In Passing Orders Of Such A Nature" Allahabad High Court Tells UP Govt. As It Decides To Drop 'Exorbitant' Bond Notices To Farmers [Arundhati Dhuru v. State Of UP] In the case against notices issued to farmers with tractors to furnish 'exorbitant personal bonds' in the wake of farmers protests in UP's Sitapur, a division bench of Justices Ramesh Singha and Rajeev Singh asked executive authorities to remain cautious in passing such orders. The development comes after the Govt informed the Court that it has decided to drop such proceedings against. Other developments: How Many Police Stations In The State Aren't Having Toilets For Women? : Allahabad High Court Asks Uttar Pradesh Govt.Tandav Controversy:Allahabad High Court Grants Interim Protection For Amazon Content Head Aparna Purohit, Reserves Order On Her Plea For Anticipatory bail Bombay High Court 1. Rail Accident- Claim Can't Be Denied On Account Of Boarding Wrong Train Mistakenly: Bombay High Court Directs Rly To Pay 8 Lakh To A Victim's Mother [Munnibai v. Union of India] A Bench of Justice Anuja Prabhudessa ruled that one cannot be branded as an unauthorized train passenger merely because one mistakenly boards a wrong train. It observed thus while directing railways to pay ₹8 lakh as compensation to one Munnibai Chaube whose son died due to the injuries sustained in accidental fall from a running train. 2. Bombay High Court Directs Kangana Ranaut To Decide Whether She Is Willing To Apply For Regularization of Construction, Extends Interim Protection Actor Kangana Ranaut has approached the Bombay High Court against the BMC's demolition order regarding the alleged unauthorized amalgamation of her three flats in a plush Mumbai suburb. A Single Bench of Justice Prithviraj Chavan granted Ranaut time till February 5 to clarify if she will be approaching the ...

High Courts Weekly Roundup [February 1 – February 7]

Akshita Saxena

Summation of important judgments/orders this week

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