High Courts Weekly Round-Up

Allahabad High Court

The Allahabad High Court recently reiterated that lives of married couples cannot interfere with by anybody and that they are entitled to living peacefully without such interference.

The High Court recently refused protection to a couple—a homosexual and a transgender— who had approached the court alleging that they were being harassed by their relatives.

Pained to note how poor handwriting of doctors in medico-legal reports was obstructing the administration of justice at a time when judicial system was faced with ocular testimony of interested witnesses, the Lucknow bench of the High Court fined three doctors for writing medico-legal reports shabbily and directed Principal Secretary Home, Principal Secretary Medical and Health, Director General of Medical and Health to ensure compliance of a 2012 circular directing doctors to write clear medico-legal reports.

 Bombay High Court

The Bombay High Court on Monday refused to hear a petition filed by a group of citizens against the Muslim Women (Protection of Rights on Marriage) Ordinance, 2018, as a similar petition is pending before the apex court. A division bench of Justice BR Gavai and Justice AM Dhavale noted that since the matter was already before the Supreme Court, it was not inclined to hear it.

The High Court held that a company court is not justified in dismissing a winding-up petition at the stage of admission on the sole ground that the petitioning creditor is a secured creditor.

The High Court on Monday granted police protection to two lesbians who wanted to marry each other but feared that their lives are under threat from their parents rushed to the

The High Court on Wednesday heard the PIL seeking a writ of mandamus to be issued to the Central Bureau of Investigation directing the agency to challenge the discharge of BJP national president and Member of Parliament Amit Shah from the alleged fake encounter case of Sohrabuddin Shaikh.

Justice GS Patel of the Bombay High Court lashed out at elements in the testamentary department of the high court and stated that those indulging in any mischief with the original records maintained at the testamentary department will be dealt with through swift and unmerciful judicial action

In an unusual case, the High Court allowed transfer of proceedings from JMFC Shindkheda to JMFC Dhule in a case under the Domestic Violence Act as the applicant husband fears for his security from wife and her relatives.

The High Court advised the Union Government to allow rectification of typographical or human errors in filing Form Tran-1 under the Central Goods and Services Tax Act.

Chhattisgarh High Court

The Chhattisgarh High Court held that a citizen has no fundamental right to carry-on any trade or business in liquor, as trade in liquor has been regarded as res extra commercium.

Delhi High Court

Taking strict view of a series of non-compliances of various mandatory legal requirements, the Delhi High Court on Monday set aside the August 28 order of the Chief Metropolitan Magistrate (CMM) granting transit remand of Gautam Navlakha, one of five rights activists under house arrest in the Bhima Koregaon case, to the Maharashtra Police.

 While asking the Centre to decide within four weeks whether acid attack victims would be eligible to be considered for appointment against the post of Nursing Officers at AIIMS, the High Court directed the institute to examine on merits the case of a woman, who braved acid attack 14 years ago, and appoint her as nursing officer even if it requires creating a supernumerary post.

The High Court recently refused to allow an ailing undertrial prisoner to wear jeans and sports shoes in jail, asserting that his fundamental rights are subject to reasonable restrictions owing to him being in prison.

The High Court struck down as arbitrary a University Grants Commission (UGC) Regulation which granted 100% weightage to viva voice for admission to MPhil and PhD courses.

The High Court on Thursday decided to set up a committee to examine and give recommendations on providing several welfare measures like provident fund, pensions and group insurance policies to clerks of lawyers.

On Friday, the High Court acquitted Suhaib Ilyasi, who had been held guilty of murdering his wife by a trial court in December, 2017 and sentenced to life imprisonment.

The High Court on Friday also issued notice in a petition seeking immediate steps for closure of websites offering drugs and prescription medicines online. The notice was issued by Justice Vibhu Bakhru to the respondents—the Central Government, Delhi Government, Central Drug Standard Control Organization and Commissioner of Food & Drugs Administration. The matter would next be heard on February 25, 2019.

The High Court recently directed initiation of contempt proceedings against a senior police officer for filing misleading and incorrect information in a status report submitted to the court.

The High Court, while dealing with cases of eviction of legal heirs from the property on the ground of harassment of parents upheld the finding of a single judge that the claim for maintenance is not a condition precedent for passing an order of eviction under Section 23 of the Act of 2007.

Kerala High Court

The High Court of Kerala on Wednesday dismissed the bail application by Franco Mulakkal, erstwhile Bishop of Jalandhar, who stands accused of raping a nun. The court negatived the bail plea holding that there existed a prima facie case against the accused.

A single bench presided by Justice Devan Ramachandran of the High Court of Kerala expressed deep anguish and dissatisfaction on the failure of authorities in implementing the earlier order of the court on illegal hoardings/flex boards across the state.

 Madras High Court

The Madras High Court Monday restrained three advocates from practicing in any court in Tamil Nadu and Puducherry pending disposal of a petition seeking action against them for alleged illegal activities. Justice N Anand Venkatesh issued the interim order and also included the Bar Council of India (BCI) as a party to the petition as it has stayed the removal of one of the advocates from the rolls of the Bar Council of Tamil Nadu and Puducherry (BCTP) two years ago.

 Patna High Court

The Patna High Court initiated suo motu contempt proceedings against Mr. Anand Kishore, Chairman of the Bihar School Education Board (BSEB) for failing to grant affiliation to a school despite court orders. The order was issued by Justice Chakradhari Sharan Singh.