High Courts Weekly Round-Up

Allahabad High Court

The Allahabad High Court, in the case of Yash Pal (Minor) & Anr vs State of UP, issued directions to the State to ensure that adequate safety measures are undertaken by the electricity department.

The High Court stayed the bail granted to Samajwadi Party leader and former Uttar Pradesh minister Gayatri Prajapati in a rape case.

Bombay High Court

The Bombay High Court refused to quash an FIR registered for offences punishable under Sections 420, 406, 467, 471 and 34 of the Indian Penal Code, even though the complainant and the respondents claimed to have “settled matters amicably”.

The High Court quashed and set aside a show cause notice issued by a special executive magistrate over an FIR filed by the customers of a hotel regarding their altercation with the hotel owner over demonetised notes.

On Tuesday morning, the High Court pronounced its judgement in the appeal filed by both Malegaon accused Pragya Singh Thakur and Lt. Col Prasad Purohit.

The Nagpur bench of the Bombay High Court held that an appellate court cannot dismiss an appeal exercising its jurisdiction under Section 386, unless the matter has been decided on merits.

The High Court granted a 28-day furlough to gangster-turned-politician Arun Gawli.

The Court directed petitioners of a PIL opposing the idea of the Life Insurance Corporation of India holding one-third equity stake in tobacco giant ITC, to implead the Union Ministry of Finance, ITC, Ministry of Industries and Commerce and SEBI as respondents.

Delhi High Court

The Delhi High Court, in the case of Rampali vs The State Govt of NCT of Delhi, reiterated that nomination is not a Will in law and in the absence of any Will, only legal heirs (as per the Hindu Succession Act) shall be entitled to inherit the property of the deceased.

The Court, in the case of Sanju Bala vs State Election Commission & Ors, reiterated that if an election can be called in question only after completion of the election unless the action taken or orders are challenged on a case of malafide or arbitrary exercise of power by the authorities conducting the election. Further, the Court held that curable irregularities in a nomination paper can be addressed in a properly constituted election petition and cannot be a ground for setting aside the order of the Returning Officer.

The High Court asked the Delhi government to take all necessary steps to prevent outbreak of vector-borne diseases, including dengue, chikungunya and malaria, which are caused on account of mosquito bites.

The High Court on Friday allowed Tata Sons and NTT Docomo to enforce an arbitral award by the London Court of International arbitration.

Gujarat High Court

The Gujarat High Court, in the case of Parth Bipanchandra Patel & Ors vs Sardar Patel University & Ors, set aside a resolution passed by Sardar Patel University which had declared the appointment of 1100 lecturers as void ab initio.

Karnataka High Court

The Karnataka High Court, in the case of Soujanya Patel Trust & Ors vs State of Karnataka & Ors, held that reservation to the extent of at least 25 per cent under the RTE Act applies to both the entry levels, if the school is imparting education at both the levels.

The High Court recently held that any person, whether male or female, aggrieved and alleging violation of the provisions of the Domestic Violence Act, can invoke the provisions under the Act.

Kerala High Court

The Kerala High Court observed that the school authorities, while accepting a ward in their boarding house, are required to take all adequate and prudent steps in relation to the welfare of the child, as they stand in loco parentis in so far as the child is concerned, though may be to a limited extent.

Expressing great concern over the deteriorating status of lakes and biodiversity, the High Court of Kerala, while disposing of a batch of writ petitions,directed the authorities concerned to take stern and prompt action against defaulters.

Fired From Job For Being Drunk On The Way To Duty: Kerala HC Calls It ‘Shockingly Disproportionate’

Madhya Pradesh High Court

The Madhya Pradesh High Court held that the ceremonial gift given to a visiting dignitary in the Gurudwara cannot be said to be an offence within the purview of the MP Government’s notification as it was not carried in a public place.

The Madhya Pradesh High Court, in the case of Smt. Archana Pandey vs The State Of Madhya Pradesh, held that maternity leave should be granted to contractual employees, at par with regular employees.

Madras High Court

Madras High Court set aside a Judgment delivered by District and Sessions Judge No.II, Kancheepuram observing that the impugned judgment is a classic example as to how a Court of Law in this Country should not pen down a judgment.

 The High Court recently held that pendency of divorce petition filed by husband is not a bar to initiate proceedings under Domestic Violence Act by wife.