High Courts Weekly Round-Up

Allahabad High Court While cautioning the courts to be circumspect and judicious in exercising the discretion and issuing process, the High Court quashed the summoning order passed against the editorial staff of a newspaper, in connection with a defamation case. Bombay High Court Dismissed an appeal filed by on Sagar Dhuri, a 23-year-old man convicted of sexually...

[S.294CrPC] Once Genuineness Of Postmortem Report Is Admitted By Defense, It May Be Read As Substantive Evidence: Reiterates Allahabad HC [Read Judgment]

The Allahabad High Court has reiterated that where the defence has admitted the postmortem report submitted by the prosecution as genuine, the same may be read as substantive evidence. "If the defence has admitted the genuineness of the postmortem report before the trial court, the genuineness and veracity of the document stands proved and shall be treated as valid evidence under...

A Wrong Decision Does Not Give A Right To A Person To Enforce The Wrong Order And Claim Equality: Delhi HC [Read Judgement]

Delhi High Court has held that "The law is well settled that equality before law is a positive concept and it cannot be enforced in a negative manner. If an illegality or irregularity has been committed in favour of any individual or a group of individuals, others cannot claim order on principle of equality before law." In this case, the petitioner challenged the award of...

40 Important Delhi HC Judgments Of 2019

Here is a list of 40 major decisions of Delhi HC in 2019(in the order of chronology).1. Upheld Right To Conduct Missionary Activities Reminding the central government authorities that India is a secular country, the high court observed that missionary activities are not prohibited as fundamental right to religion is not restricted to citizens, but is available for all persons, In...

Educational Institutions Comes Within The Meaning Of 'Establishments' Under Section 1(5) Of The ESI Act, 1948 : Calcutta HC [Read Judgment]

The Division Bench of the High Court of Calcutta, Justices Soumen Sen and Saugata Bhattacharya held that organisations and institutions are by definition institutions either of a charitable nature or educational institutions, which are bound to be employing teachers and staff for imparting education. Hence, they are most certainly within the meaning of 'establishments' under Section 1(5)...

Be Careful In Incorporating Amendments In Books, Lest The Courts Might Take Erroneous Decisions:Madras HC To Law Publishers

While dismissing a writ petition, the Madras High Court asked the publishers of law books to ensure that they include every amendment to Acts, rules and regulations in their publications, so as to avoid confusion and help the judges pass correct orders. "This Court requests the various book publishers to be careful in incorporating amendments in the books, lest the Courts might...

Judicial Process Should Not Be An Instrument Of Operation Or Needless Harassment: Cautions Allahabad HC [Read Judgment]

While cautioning the courts to be circumspect and judicious in exercising the discretion and issuing process, the Allahabad High Court quashed the summoning order passed against the editorial staff of a newspaper, in connection with a defamation case. "It is prime duty of the press to expose the Government and its functionaries, if they indulge in misgovernance or acts against the law...

Madras HC Upholds Constitutionality Of Proviso To Section 167(1)(a) Companies Act [Read Judgment]

Protecting the interests of the investors, a Division bench of the High Court of Madras has upheld the validity of the 'proviso' to Section 167(1)(a) of the Companies Act 2013 .In the instant case, the petitioner had contended that the newly inserted proviso in the Companies Act, 2013 was arbitrary and violated the principles of natural justice as Directors of a defaulting company would have...

Services Of Contractual Employee Can Be Counted Towards Qualifying Service For Grant Of Pension, Post Regularization: HP HC [Read Judgment]

The Himachal Pradesh High Court on Thursday held that services of an employee, appointed on contractual basis in temporary capacity, can be counted towards qualifying service for the grant of pension after his services have been regularized. Background In the case at hand, the Petitioner's request for disbursement of her deceased husband's salary was declined by the government on...

Allahabad HC 2019 Highlights

1. Issued Notices On Plea Against Data Interception By State Authorities Chief Justice Govind Mathur and Justice CD Singh issued notice on a petition challenging the validity of Section 69 of the Information and Technology Act, 2000, which empowers authorities to intercept or monitor information through any computer resource. The petition alleges that Section 69 is violative...

Death Of A Youth In A Pothole; Kerala HC Express Apology To The Family Of Deceased For The 'Systemic Failure'[Read Order]

Deeply anguished and perturbed with the death of a youth in a pothole accident, the High court of Kerala speaking through Justice Devan Ramchandran whilst expressing deep apology has constituted a batch of lawyers to identify various roads and pedestrian paths in the Cochin City. The deceased, Yadhu Lal was reported to have been riding a motorcycle when he was caught unaware by...

Legal Columnist & Academic Saurav Datta Passes Away

Legal Columnist and academic Saurav Datta passed away yesterday. Datta had pursued his Law degree from NUJS Kolkata with focus on Human Rights, Criminal Law, Women and Law, Disability Law, Refugee Law, Law and Literature. He then practiced under Senior Advocate Kamini Jaiswal. He served as National Programme Manager for Law School Tutorials (LST) between 2008 and 2009. He was also...