High Courts Weekly Round-Up

Allahabad High Court

Lucknow Bench of the High Court of Allahabad on Monday directed the Information and Broadcasting Ministry to look into allegations that programs of self-proclaimed spiritual guru Nirmal Baba, being broadcast on TV channels, encourage superstitions among viewers.

The High Court ruled that OBC candidates applying for government jobs are “not exempt from the rigours of a cut-off or last date” given in the recruitment notices.

Andhra High Court

A division bench of Andhra High Court, while considering a PIL, observed that several judges of the high court were born and brought up in Hyderabad, but some people do not consider them as belonging to the state of Telangana, for the simple reason that their forefathers hailed from areas which now form part of the bifurcated State of Andhra Pradesh.

Bombay High Court

The Bombay High Court granted pre-arrest bail to Poonam Agarwal, the journalist who conducted a sting operation to expose the alleged malaise and practices followed by some of the superior officers in the Indian Army, by misusing the Sahayak System”.

The High Court directed the Deputy Sheriff of Mumbai to preserve 25 paintings by renowned painter MF Hussain as these are stored in a cupboard at a bank in Andheri.

The High Court ruled that a civil court has the power to call a witness under Section 311 of the Code of Criminal Procedure while conducting an inquiry under Section 340 of the Code of Criminal Procedure.

Justice GS Patel of the Bombay High Court expressed displeasure while hearing a bail application filed by one Sayyed Masood, who was arrested in 2010 for offences punishable under Sections 406, 420 and 120 B of the Criminal Procedure Code.

The High Court directed civil judge, senior division, Panvel, to accept pleadings in English language. The direction came while a bench of Justice VM Kanade and Justice CV Bhadang was hearing a writ petition filed by lawyers aggrieved by two circulars, dated August 1 and August 4, by the civil judge, Panvel.

On Thursday, the High Court dismissed the appeal filed by 11 convicts who were sentenced to life by a trial court in 2008, after being held guilty of gang-raping a five-month pregnant girl and killing seven of her family members in the post-Godhra riots of 2002.

The High Court refused to grant relief to a student who applied whitener in order to correct some answers while appearing for the National Talent Search Examination (NTSE).

On Friday, the Court dismissed a petition filed by one Gopal Shetye, whose rape conviction was overturned in appeal. He was seeking Rs 200 crore in damages from the state machinery.

The High Court dismissed two petitions challenging the third phase of Mumbai Metro alleging illegal cutting of trees and violation of Coastal Zone Regulations on part of the Mumbai Metro Rail Corporation Ltd (MMRCL).

The High Court directed Thane Municipal Corporation (TMC) to keep vigil and see that no activity other than maintenance of mangroves takes place within the boundaries of demarcated mangroves.

The Bombay High Court has passed some landmark directions while hearing a batch of petitions concerning issues of infrastructure of civil and criminal courts in the state.

Delhi High Court

The High Court of Delhi recently rapped an additional district judge of Delhi for setting aside a final judgment in execution proceedings, terming it being “against all canons of law and justice”.

The High Court, in the case of Sanjay Yogi Goel vs Union of India & Ors, when faced with the legality of a proposed organ donation by the mother-in-law of the patient’s son, noted that the qualities of human love and affection cannot be disregarded and such an exchange would be bad in law only if it’s undertaken with a financial or commercial motive.

Disposing of a two decade old defamation suit, the High Court on Monday opined that public apology is a more fitting relief than monetary damages in defamation cases.

The High Court of Delhi recently joined ranks with several Courts around the country that are experimenting with the usage of technology in judicial proceedings. Justice Rajiv Sahai Endlaw has recently allowed the Plaintiff to serve the summons on one of the defendants through Whatsapp, text message and email.

In a landmark judgment, the High Court on Tuesday recognized the right of armed force personnel to a safe working environment, as a Fundamental Right extending under the Right to Life. It went on to direct the Centre and Hindustan Aeronautics Ltd. (HAL) to pay a total of Rs. 55 lakh compensation to a serving IAF officer rendered unfit for flying after a MiG-21 crash in 2005.

The High Court referred to a larger bench (bench of larger quoram than three judges) to look into the aspect of maintainability of a composite suit in relation to infringement of a registered design and for passing off, where the parties to the proceedings are the same, in the light of Order II Rule 3 CPC, which permits joinder of causes of action.

A full bench of the High Court, in Tinna Rubber & Infrastructure Limited vs Union of India, held that the process to which old tyres are subject to produce two or more pieces of cut tyre is not “manufacture‟ within the meaning of Section 2 (f) of the Central Excise Act.

Gujarat High Court

The High Court of Gujarat recently directed the Centre and the State of Gujarat to elucidate on the steps being taken to provide emergency medical services to fishermen on and off the shore, more particularly, in the coastal areas.

The High Court on Wednesday permitted a 16-year-old rape survivor from Ramol to undergo an abortion.

In a significant ruling, the High Court observed that Section 370 of the Indian Penal Code will have no application in a case wherein sex workers are engaged in prostitution of their own volition and not pursuant to any inducement, force or coercion.

Himachal Pradesh High Court

The High Court of Himachal Pradesh, in Anil Kumar vs Shashi Bala, held that if there is no evidence with regard to maltreatment or violence, no order of maintenance can be granted invoking the provisions of the Domestic Violence Act.

Karnataka High Court

Justice Anand Byrareddy of the Karnataka High Court withdrew his order wherein he held that a husband can initiate proceedings under the Domestic Act against wife and her relatives and has restored the petition on file.

Kerala High Court

The High Court of Kerala recently held a BSF Jawan’s widow to be entitled to appointment on compassionate grounds, despite the delay in making proper applications.

The High court held that when an employer introduces a beneficial scheme, not because of any right or entitlement of the employer, but entirely as an ex gratia, there is no illegality in insisting the employee to withdraw from any litigation pending against it, as an eligibility criterion.

Madhya Pradesh High Court

A single bench of Madhya Pradesh High Court held the Tehsildar (revenue officer) is not authorized to look after the management of a Public Trust.

The High Court set aside the capital punishment awarded to a man in a rape and murder case of a woman of Sidhi district. 

Madras High Court

Madras High Court held that demanding production of property documents or RC book or any other document to show proof of property, either movable or immovable, with respect to the bail bond or surety bond amount, is against Article 21.

The High Court of Madras recently directed the Central Board of Secondary Education to accept the fees from 38 medical aspirants, who had claimed that the payment of fees for their NEET registration could not be processed as they did not receive the One Time Password (OTP) to their respective registered mobile numbers within time.

 The High Court imposed cost of Rs 1 crore on Medical Council of India for not implementing seat sharing regulations framed by it to help private players.

The High Court, while disposing of revision petition against a maintenance case, observed that there is unreasonable delay on the part of family courts in disposing of the maintenance petitions and it affects women and children very much.

Punjab & Haryana High Court

A plea seeking registration of FIR against Sonu Nigam for his tweets against using loudspeakers for azaan was dismissed by the High Court of Punjab and Haryana, observing that the use of microphones and loudspeakers are not an integral part of azaan. Dismissing the petition filed by one Aash Mohammad, Justice MMS Bedi said it is a cheap mode of attaining publicity by making a well-known singer scapegoat in the name of religion.