High Courts Weekly Round-Up

Allahabad High Court

Allahabad High Court held that parties may withdraw their consent once granted for Divorce by mutual consent, at any time before the passing of the decree.

Bombay High court

Bombay High Court asked the BCCI to shift all the IPL matches scheduled after 30th April to venues outside Maharashtra. The order will affect 13 matches which were scheduled to be held in Maharashtra in May, including the final that was to be held in Mumbai on May 29.

The High Court re-iterated the principles relating to exclusion of Civil Court’s Jurisdiction. Justice S.C.Gupte relied on the Constitution Bench Judgment of Supreme Court of India in Rama Swarup vs. Shikar Chand.

Chattisgarh High Court

The High Court of Chhattisgarh has awarded a compensation of Rs. 50,000 each to two persons who, despite the order of their release by it, were detained in prison for 113 days.

Delhi High Court

Delhi High Court refused to allow a petition filed by a Government employee seeking a direction to the University of Delhi, to allow him to complete his LL.B. Course, by appearing in the back papers even beyond the span period.

The High Court held that no practitioner of Indian System of Medicine or integrated medicine is entitled to practice modern scientific system of medicine viz. Allopathic system of medicine.

Gujarat High Court

A Division Bench of the High Court recently issued notice on a petition challenging the validity and constitutionality of the Debt Recovery Tribunal (Procedure for Appointment as Presiding Officer of the Tribunal) Rules, 1998. The petition contends that the rules impinge the principle of independence of judiciary and are therefore, violative of the guarantee of equal protection of the law provided by Article 14 of the Constitution of India. 

Kerala High Court

Kerala High Court declared that an Arbitral Tribunal cannot pass an order to enforce its order by directing the Advocate Commissioner/Receiver to repossess the vehicle from the opposite party. Justice A. Muhamed Mustaque observed that enforcement can be only through a civil court.

The High Court held that the serving of Indian Made Foreign Liquor in a Hotel Bar licenced by the Excise authorities in the State of Kerala will not come within the definition of retail sale by a retail dealer and the act of selling the item over and above the retail sale price would not attract the vice of Rule 18 (2) of Legal Metrology (Packaged commodities) Rules, 2011 read with section 18 of the Legal Metrology Act, 2009.

In a Suo motto Public Interest Litigation, the Court ordered that no noise making fire crackers can be used in any place of worship between sunset and the sunrise. The Bench also said that the firecrackers used in the day time should also not be making noise more than 140 Decibels.

In a huge relief for ThrissurPooram organizers and fans, the Kerala High Court has modified the earlier orders which had called for complete ban on noise making fire crackers between sunset and sunrise.

The High Court ruled that vehicles transporting hazardous goods and LPG are to be fitted with Anti-Lock braking system (ABS) to ensure safety on public road.

The High Court directed the Mental Health Centres of the state to ensure that none of the patients, even those showing acute suicidal tendencies, when placed in seclusion, shall be so placed nude, unless very acute situation warrants the same. 

Madras High Court

A two Judge Bench of Madras High Court directed that the Compensation to Motor Accident victims/Claimants shall be electronically transferred to the bank accounts of the victims/claimants, as the case may be. 

Punjab & Haryana High Court

The High Court ruled that in a consensual sex if the girl is below 16 years of age, the other partner in the sexual act is criminally liable  and termed ‘consensual sex’ in such a situation as void.

Sikkim High court

The High Court of Sikkim directed the State Government to consider establishing a Blood Bank in each districts. First Bench of the High Court comprising of the also asked the State to ensure availability of life saving drugs in all the hospitals/health centres in the state.