High Courts Weekly Round-Up

Allahabad High Court

The Allahabad High Court, in the case of Israr vs State, has upheld the conviction of an accused under sections 3, 5 and 8 of the Prevention of Cow Slaughter Act and Section 11 of the Prevention of Cruelty to Animals Act. 

Bombay High Court

The Bombay High Court has directed the Secretary (Road) PWD and the Commissioner for State Excise to decide whether certain bars, hotels and permit rooms are covered under the Supreme Court’s highway liquor ban order.

The high court refused relief to a 26-week pregnant rape victim seeking permission for termination of pregnancy.

While hearing a PIL filed by the Quraishi’s Meat Traders Association, challenging the new rules notified by the Ministry of Environment and Forests, the Goa bench of the Bombay High Court has issued notice to the Centre and state government of Goa, returnable in two weeks, seeking a reply on the contentions raised.

In a peculiar case, the high court has granted relief to an 80-year-old woman claiming inheritance in her father’s property and set aside two orders by a district judge and a civil judge who refused to accept her claim.

The court has granted one more mark to a highly meritorious student who sought relief with regard to one question from her Science paper of SSC Examination held in March 2016 by Mumbai Divisional Board, Vashi, of Maharashtra State Board of Secondary & High Secondary Education.

The high court has restrained Gujarat Co-operative Milk Marketing Federation Ltd (GCMMF), which markets ice cream under brand name Amul, from broadcasting two television advertisements as they were disparaging towards plaintiff’s product, Kwality Walls.

The court recently ruled that the benefit of Section 16 of the Hindu Marriage Act is available to an illegitimate child, who is born to parents who have undergone the rituals/formalities of performance of marriage which may be void or voidable.

Calcutta High Court

The Calcutta High Court has observed that if any sanction has been granted for prosecution on the same facts, the court has the power to add or alter the charge in respect of a specific offence, despite no specific sanction being there in respect of the offence for which charge is contemplated to be added/ altered.

The high court has held that the belief that marriage must be within the same religion is superstitious. 

Delhi High Court

The High Court of Delhi recently refused to reduce the sentence awarded to a 45-year-old man convicted for raping and attempting to murder his ex-employer’s daughter-in-law, observing that showing undue sympathy and imposing inadequate sentence harms the justice system.

The high court has dismissed a review petition filed by four applicants, who claimed to be the sons of previous Mutawalli or caretakers of the dargah at Amir Khusro Park and, therefore, asserted their right to some construction inside the tikona graveyard park, also known as Amir Khusro park.

The high court has directed the Secretary, Legislative Department, to convene a meeting to discuss the suggestions of senior advocate Jayant Bhushan, who is amicus curiae, to improve online access to Indian legislations.

Himachal Pradesh High Court

The Himachal Pradesh High Court recently held that the right to sanitation has been now virtually accepted as constitutional right as fundamental rights like right to water, right to health, right to healthy environment, right to education and right to dignity are directly related to right of sanitation. 

Madhya Pradesh High Court

The Madhya Pradesh High Court has restrained the district collector of Rewa from taking any coercive action to remove hutment of 200 Tribals till their representation is not decided. 

Madras High Court

The High Court of Madras last week directed the government to file a status report on action taken on complaints against milk adulteration.

The court recently questioned the Additional Advocate General on the source of the power of the government to specify the percentage of disabilities for reservation in recruitment for various posts.

The Madurai Bench of the high court on Friday rapped a Jamaath (congregation of Muslims) for having issued a fatwa against a woman’s father for having approached the high court seeking an interim stay against triple talaq (divorce) pronounced by her estranged husband.

The high court has refused to ban the sale of a book on the history of Mangalanathar-Mangaleswari Temple at Uthirakosamangai in Ramanathapuram District.

The high court on Friday reportedly directed self-financing medical and dental colleges for Post Graduation courses of Pondicherry University to admit medical students under the State quota before June 19.

Uttarakhand High Court

The Uttarakhand High Court on Monday issued several directions for rehabilitation of acid attack victims, and for prevention of such instances. These include measures such as monthly payments to the victims who have received third/fourth degree burn injuries, in addition to the ex-gratia lump-sum payment, and reservation in public employment in the category of physically challenged persons. It further directed all courts across Uttarakhand to conduct day-to-day hearing for concluding the trial in such matters within three months.