High Courts Weekly Round-Up

Allahabad High Court

The Allahabad High Court, last week, upheld the acquisition of land by the State for the purpose of building the Delhi Meerut Expressway.

The High Court held that the cut-off marks cannot be lowered to merely fill the seats reserved for the special category and once a candidate has submitted himself to a given procedure of selection, he cannot turn back and challenge the same on his failure to get selected.

Bombay High Court

In a huge relief to thousands of home buyers, the Bombay High Court upheld the constitutional validity of the Real Estate (regulation and Development) Act.

In a judgment that reflects lapses on part of the state and its impact on everyday lives of its citizens, the Bombay High Court declared the acquisition of a piece of land in Sangli that took place 42 years ago for the purpose of building Walekhindi Irrigation Dam, as lapsed.

The High Court recently quashed an FIR against a citizen of Bangladesh booked under sections 3 and 25 of the Arms Act.

Calcutta High Court

The Calcutta High Court issued a slew of directions to be followed by the authorities during investigation or trial in cases involving murder or rape of minor children or other” vulnerable victims “.

Chhattisgarh High court

The Chhattisgarh High Court held that minority educational institutions are not required to admit 25 per cent students from weaker section of society as mandated in the Right of Children to Free and Compulsory Education Act.

Delhi High Court

The Delhi High Court asked the Reserve Bank of India (RBI) and the Centre to file their response on a Petition contending that the newly issued Rs. 50 currency notes cannot be differentiated from others by visually impaired persons.

The High Court, last week, dismissed a habeas corpus petition filed by hawala operator and meat exporter Moin Akhtar Qureshi challenging his arrest by the Enforcement Directorate (ED) under the Prevention of Money Laundering Act.

The High Court recently dismissed a Petition demanding an order restraining all television service providers from telecasting any movie with ‘A’ certificate, even if the movie is later modified or recertified to ‘UA’ or ‘U’.

The High Court, on Tuesday, upheld the constitutional validity of Section 4(b) of the Sick Industrial Companies (Special Provisions) Repeal Act, 2003.

On Thursday, the high Court agreed with a lower Court’s observations that merely playing rummy with small stakes in a club would not amount to gambling.

On Thursday, the High Court also refused to accept a “settlement” entered between the abductor and the abductee, noting that the offences in the FIR were non-compoundable.

Refusing to allow refund of tax which was paid despite there being an exemption sanctioned for the payee, the High Court observed that such exemption to encourage industrialization cannot be equated with refund of tax.

The High Court set aside ‘as not sustainable’ the order of the Central Information Commission declaring every minister a “public authority” under the Right to Information Act.

The High Court directed the AAP government to expeditiously process applications of patients suffering from rare genetic disorder called Gaucher (LSD) for free Enzyme Replacement Therapy (ERT) under the National Policy for Treatment of Rare Diseases (2017), while taking note to Centre’s submission that it has asked the National Health Mission to earmark Rs 100 crore towards central assistance for such cases.

The Court refused to waive the costs of Rs. 50,000 which it had imposed on the officer of the Rajya Sabha Secretariat for wasting “judicial time of three courts” by filing frivolous appeals.

After the Delhi High Court delivered a split verdict in five criminal appeals in February this year, Justice Sanjiv Khanna, on Tuesday, upheld the conviction of 3 accused, while acquitting 2 others.

Gujarat High Court

The Gujarat High Court allowed a 20-year-old girl to go with her lover who has not yet attained the marriageable age considering their submission that they would like to live with each other till such time that they can get married.

The police machinery cannot be utilized for the purpose of holding the husband at ransom so that he could be squeezed by the wife at the instigation of her parents or relatives or friends, observed the High Court of Gujarat while quashing a case against the husband filed by his wife.

Kerala High Court

The Kerala High Court held that publications in media seeking organ donations cannot be permitted as per law, even if no explicit offer of consideration was made in the publications. The ruling was rendered in a batch of writ petitions filed by patients suffering from chronic renal failure, who sought permission to make advertisements soliciting willing kidney doners strictly on altruistic considerations.

Madras High court

The Madurai Bench of Madras High Court acquitted and set free 35 officers and crew members of Anti-Piracy ship MV Seaman Guard Ohio , who were arrested by Marine Police, Thoothukudi, on charges of illegal possession of arms and unlawful activities in territorial waters of India.

The Madras High Court stayed for now the operation of the order issued by the Registrar of the National Company Law Tribunal (NCLT) which made it mandatory for advocates to wear gowns while appearing before any bench of NCLT.

Meghalaya HC

Members of indigenous faith in the state of Meghalaya will soon get a place for cremating their dead, thanks to intervention of the high court.

Punjab & Haryana High Court

The Punjab and Haryana High Court, on Tuesday, directed the Trial Court to adjourn the case concerning the brutal lynching 16-year-old boy, Junaid Khan, in June this year.

Rajasthan High court

The Rajasthan High Court, on Monday, directed the lower Court to adjourn the defamation proceedings against actor Akshay Kumar for the trailer of his upcoming movie Jolly LLB-2.

Uttarakhand High Court

The Uttarakhand High Court directed DNA testing of all children found begging on the streets or in company of a beggar to check their parentage and trace trafficked or kidnapped children, while also directing the state to display photographs of missing children on bus stands and railway stations, besides passing a string of directions to check inter- and intra-country human trafficking, especially child trafficking.