High Courts Weekly Round-Up

Allahabad High Court

The Allahabad High Court observed that the levy of entry tax on e-commerce sites is prima facie unconstitutional as the state legislature has no authority or competence to do so.

Bombay High Court

A division bench of Justice Abhay Oka and Justice GS Kulkarni of the Bombay High Court cautioned family courts to follow the law in letter and spirit, while hearing matters of divorce with mutual consent.

The High Court observed that consuming liquor while on duty and performing the function of a driver of a state transport bus is a grave and serious misconduct and it is not expected of an employer to wait till such a driver commits an accident, resulting in fatalities.

Discharging a man of rape charges, the High Court of Bombay recently relied on an earlier ruling, reiterating that two consenting adults consciously entering into a physical relationship are fully aware of the consequences, and must bear the same.

The High Court held that sales tax cannot be levied on Bramhos Aerospace Private Limited transfer by the State of Maharashtra as the missile warhead imported from Russia is kept at Nagpur for storage purposes only and not for sale.

The Court held that conversion of agricultural land into non-agricultural land would require a payment of fifty per cent of the unearned income as per the Government Resolution applicable.

Rejecting the bail application of one of the accused in the killing of a 15 year old SwapnilSonavane, Justice SadhanaJadhav of the High Court observed thathonour killings are reflective of a barbaric society and has no place in a civilised one.

Bombay High Court has directed the state government to temporarily accommodate the Maharashtra National Law University (MNLU) by entering into an agreement with MTNL in order to get two floors in the MTNL building in Powai.

Chhattisgarh High Court

There cannot be any discrimination between a natural mother and a mother who has begotten child by surrogacy procedure, the Chhattisgarh High Court observed while holding that a female government servant, who has begotten a child by procedure of surrogacy, is entitled to avail of maternity leave under Rule 38 of the Chhattisgarh Civil Services (Leave) Rules, 2010.

Delhi High Court

A division bench of the Delhi High Court recently gave a judgment, warning the judiciary to be cautious about being too zealous in dispensing the case, as this could also lead to denial of justice, as had happened in the appeal before the court.

A judge who does not honestly and fairly record the proceedings does the greatest injustice to the parties, the High Court observed while disposing of a transfer petition wherein a transfer of case to another court was sought on the ground that the Special Judge is not conducting the proceedings in a fair and reasonable manner.

The High Court recently held that when Indian citizen does offence in India and abroad, more than one court can have jurisdiction

The Court ruled that a magistrate cannot direct the officer in-charge of a police station to investigate a cognizable offence which is outside the jurisdiction of its local area.

In a recent case, the High Court held that there is no illegality in convicting an accused under sec. 354, 354A IPC simultaneously

Setting aside an order passed by the Chief Commissioner for Persons with Disabilities on recruitment and promotion, the Delhi High Court said that the Chief Commissioner acting under Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act has no power to pass the orders like promotion.

A single judge bench of the High Court held that the National Commission for Scheduled Tribes (NCST) has no power to pass orders directing the Centre to grant promotion to an employee.

Speaking through Justice Manmohan, the Court directed the authorities to strictly enforce the law for registration of e-rickshaws plying on roads in the national capital.

Kerala High Court

The Kerala High Court in Kabeer vs. Nazrin, held that a court, upon the request of an opposite party, can ask an advocate to relinquish his vakkalathonly if it finds that an examination of the advocate as a witness in the case, is indispensable and it would not jeopardise the interest of the party for whom the advocate appears.

Upholding a single bench judgment, which had set aside a Governor’s order commuting the sentence awarded to an accused, who absconded for 26 years, the division bench of the High Court observed that executive clemency cannot be extended to a citizen who managed to scoff the process of cour

A single bench of Justice AM Shaffique of the High Court held the constitutional validity of of late fee charged under section 234 E of Income Tax Act

The High Court held that a single judge, while referring a case to division bench, could only refer the entire case and he is not empowered to refer only some questions of law involved in that case and retain the rest.

Madhya Pradesh High Court

The Madhya Pradesh High Court recently in Sanjay v. State of MP,  decided the question whether a person convicted for gambling by the trial as well as revisional court be released on probation of good conduct after admonition under Section 360 of CrPC. The applicant did not challenge the findings of the courts below on merits and merely confined his submissions that the applicant may be extended the benefit of Section 360.

Madras High Court

The Madras High Court on Wednesday, in an interim order, held that for purposes of courts of legal proceedings, the certificate issued by the chief kazi is only an opinion and has no legal sanctity.

Punjab & Haryana High Court

The Punjab and Haryana High Court dismissed a petition against the decision of the district court, Pathankot, which granted the wife right to maintenance under the Hindu Marriage Act, 1955 even when she was earning more than her husband.

The High Court ruled that child care leave cannot be granted retrospectively and has to be applied for in advance by government employees. The court has made it clear that due permissions need to be acquired before taking advantage of this valuable right.

Uttarakhand High Court

The Uttarakhand High Court made its displeasure known over the “shocking” approach of the police authorities in Nainital for failing to provide adequate protection to the railway authorities while executing an order of eviction of encroachers on Railway land.

Restraining the state from transferring any land belonging to the SampurnanandShivir (Central Jail) to any private individuals, the High Court endorsed the concept of open air jail as it provides better ‘freedom, natural surroundings and lesser tension to the inmates.’

On Saturday, the Court observed that if any member of general public or any other section is allowed entry into the Temples in the Jaunsar-Bawar Region in Chakrata Tehsil, Dehradun District, then no members of the Dalit Community can be discriminated against.

In an important pronouncement, the Court directed the state government to frame rules governing the suspension of sentences.

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