High Courts Weekly Round-Up

Allahabad High Court

The Allahabad High Court upheld the death penalty imposed on a man convicted for rape and murder of 7-year-old girl. The division bench of Justice Shashi Kant Gupta and Justice Prabhat Chandra Tripathi observed that sentence of death is eminently desirable not only to deter others from committing such atrocious crimes, but also to give emphatic expression to society’s abhorrence of such crime.

Bombay High Court

The Bombay High Court condoned delay in institution of revision against an order of eviction by the Small Causes Court, Mumbai. The court has also upheld the findings of the apex court in the case of N Balakrishnan vs M Krishnamurthy and directed the petitioner to pay costs of Rs. 1 lakh towards prejudice caused to the respondent.

Reiterating the view taken by the Supreme Court in Maharashtra Ekta Hawkers Union vs MCGM in 2004, the High Court held that no hawking would be permitted within 100 metres from any place of worship, holy shrine, educational institutions and hospitals or within 150 metres from any municipal or other markets or from any railway station.

Chhattisgarh High court

The Chhattisgarh High Court, in Narayan Prasad vs State of Chhattisgarh, held that right to property is not only constitutional right, but also human right and it can be deprived of only by the authority of law.

Delhi High Court

The Delhi High Court, on Monday, refused to set aside the summons issued against AAP leader Deepak Bajpai in the criminal defamation case filed against him by Union minister Arun Jaitley.

On Monday, the High Court also upheld the upper age limit prescribed by the AAP Government for admissions to entry level classes.

The High Court directed the authorities to cancel the allotment of Chambers that have been left unutilized in District Courts at Dwarka.

The High Court, on Tuesday, upheld the eviction of two sons from their father’s house on account of them not having paid them maintenance as agreed amongst them.

The High Court refused to categorize every unwelcome physical contact as sexual harassment.

On Tuesday, the High Court also acquitted a Constable from the charge of murdering another Constable.

The Court on Wednesday issued notice to the Delhi government and BSES Yamuna on the plea of bereaved parents claiming compensation of  Rs 5,02 crore for the death of their son, a 12th grader who died of electrocution from a fallen overhead line in Dilshad Garden here.

On Wednesday, the High court also directed the creation of a High Level Committee to suggest measures for enhancing security of jail complexes.

The High Court, on Friday, rapped the Ethics Committee of the Medical Council of India (MCI) for debarring a Professor of Cardiology without proper inquiry into the allegations against him.

‘Evocative’ national song ‘Vande Mataram’ is inseparably linked with India’s freedom struggle but does not call for amendment in law to ensure that it is granted the respect and dignity it deserves, the Delhi High Court held while agreeing with the government that protection under law is not the only way to respect to a creative work. A bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar dismissed a plea moved by Gautam Morarka.

Coming to the aid of an 11-year-old in need of a life-saving surgery, the Delhi High Court directed Govind Ballabh Pant Hospital to immediately admit and provide necessary treatment to the daughter of a daily wage labourer whose health is deteriorating due to a structural heart defect.

Gauhati High Court

Taking note of the prevalence of the inhuman and barbaric practice of witch hunting in Assam and other North-East states, the Gauhati High Court observed that branding of a man or a woman as a witch and then resorting to witch hunting is the most dehumanising act and is one of the worst forms of human rights violations.

Gujarat High court

The Gujarat High Court, on Thursday, issued notice on the Appeals filed against the ex-parte injunction rendered by Additional Senior Civil Judge B.K. Dasondi of Ahmedabad rural court against the news website ‘The Wire’.

Karnataka High Court

The Karnataka High Court commuted the death sentence awarded to three members of the notorious Dandupalya gang and has acquitted another member.

Kerala High Court

The High Court of Kerala dismissed the application seeking pre-arrest bail filed by Advocate C.P Udayabhanu, who stands accused of hatching the conspiracy to murder a real estate broker Rajeev.  The order was pronounced today by Justice Hariprasad, after Justice P.Ubaid recused from hearing the bail plea.

In yet another contempt plea pertaining to ‘campus politics’ in the state, the Kerala High Court reiterated its stance that educational institutions cannot be hijacked and be permitted to turn into a political battlefield.

While disposing of a police protection plea filed by St Thomas Church against the alleged violent activities of rival faction, the High Court, quoting verses from the Bible, has exhorted both factions to maintain peace and harmony

Madhya Pradesh High Court

A larger bench of Madhya Pradesh High Court headed by Chief Justice Hemant Gupta held the State police or special police establishment (SPE) have powers to probe offences of bribery and corruption against the Union Government employees posted in Madhya Pradesh.

 Madras High Court

The Madras High Court, on Tuesday, permitted a Petitioner to file her income tax returns manually without quoting Aadhaar number or Aadhaar enrolment ID, paving the way for more such Petitions to be filed all across the country.

While rejecting a plea seeking revocation of censor certificate granted to Vijay-starrer movie Mersal, the High Court observed that the depiction in the movie is nothing more than an expression and it is for movie-goers to look it in their own perspective.

While commuting the death sentence imposed on two men in a triple murder case, the High Court endeavored to examine the impact that would cause to family and children of the convicts and victims if the capital sentence is confirmed.

The High Court put interim injunction on levy of penalty for non-maintenance of minimum balance in pension accounts.

Punjab & Haryana High Court

In Dr Kanchan Bala vs State of Haryana, a single bench of the Punjab and Haryana Court allowed the petitioner to be granted child care leave despite the plea of the government that there were insufficient number of medical specialists available in the hospital, with only one other medical specialist available other than the petitioner.

 Rajasthan High Court

The Rajasthan High Court, on Wednesday, questioned the conversion of a 22-year old woman to Islam as well as her interfaith marriage, before sending her to government-run Nari Niketan women’s home in Jodhpur.