High Courts Weekly Round-Up

Allahabad High CourtThe Allahabad High Court Tuesday quashed the UP Government’s decision to admit students to AYUSH undergraduate courses in different colleges of the state through a merit list prepared on the basis of National Eligibility cum Entrance Test (NEET). The AYUSH course includes within its ambit Ayurveda, yoga, naturopathy, unani, siddha and homeopathy.Bombay High CourtThe...

Madras HC Rejects Plea To Create Additional Seats For LLB

Madras High Court recently refused to create additional seats for open category in Tamil Nadu Dr. Ambedkar Law University, and rejected a Petition filed by a student who had missed out on an opportunity to secure admissions due to a higher percentage of seats being reserved for different categories.The Court was hearing a Petition filed by one Ms. S. Aishwarya, who had contended that she...

Bar On ‘Hearing And Deciding’ Suit Doesn’t Mean It Can’t Be Filed: SC [Read Judgment]

If a provision bars a court from “hearing and deciding” a suit on some contingency, does that mean the suit itself is not maintainable? This was an interesting question before the Supreme Court in Public Trust Shri Geeta Satsang Bhawan vs Nand Lal.Section 29 of the Rajasthan Public Trust Act reads: “No suit to enforce a right on behalf of a public trust which is required to be...

Duty Of Court To Set The Wrong Right In Case Of Wilful Disobedience Of Court Order: Himachal Pradesh HC [Read Judgment]

The Himachal Pradesh High Court, while disposing of a second appeal in a civil suit, has made an observation pertaining to the objective of Rule 2-A of Order 39 of the Code of Civil Procedure.Justice Tarlok Singh Chauhan observed that the primary object of the said provision is not to punish a person, who has disobeyed the order of injunction, but to enforce the order.In the instant case,...

LL.B Admission: Universities May Set A Higher Qualifying Percentage Than The Minimum 45% Prescribed By BCI: MP HC [Read Order]

Madhya Pradesh High Court has held that Universities are free to prescribe minimum qualifying marks for admissions to law courses, subject to the condition that this is not below 45%, as stipulated by the Bar Council of India.The Bench comprising Justice R.S. Jha and Justice Nandita Dubey interpreted Rule 7 of the BCI Rules to hold that it only prescribes the minimum qualifying percentage,...

Machil Fake Encounter: AFT Gives Bail to 5-ex Army Men On Life Term,Says Victims Were Dressed Like Terrorist In Pathan Suit [Read Order]

The Armed Forces Tribunal (AFT) has granted bail to five of the six Army personnel sentenced to life imprisonment in the Machil fake encounter case of 2010.The tribunal held that it could not be ruled out that the victims, three Kashmiri civilians, were terrorists since they were at a forward formation at Line of Control wearing pathan suits as worn by terrorists.A bench of Justice VK Shali...

MPHC Dismisses Plea Challenging SBI’s Tender To Engage Caretaker Services For ATMs In MP And CG [Read Order]

The Madhya Pradesh High Court has dismissed a petition challenging the tender floated by the State Bank of India for the caretaker services for the ATM sites in Madhya Pradesh and Chhattisgarh.The tender was released on 17.1.2017.The argument of the petitioners was the caretaker services are in fact, assignment of job of security guards while as per the present tender conditions, the charges...

Major Takeaways From Mumbai’s ‘International Conference On Women Trafficking’ & The Road Ahead

The two-day international conference on women trafficking held in Mumbai by the Maharashtra State Commission for Women (MSCW) in partnership with the International Justice Mission, India (IJM) concluded on Friday.There were many distinguished speakers at the event, including Chief Minister Devendra Fadnavis, State Minister for Women & Child Development Vijaya Rahatkar, who is also the...

Delhi HC Tells Police To Assess Level Of Threats To Timarpur MLA [Read Petition]

The Delhi High Court on Friday directed the Delhi Police to assess the level of threat to Pankaj Pushkar, MLA from Timarpur, who moved the high court seeking protection after he received abusive messages and threat to his life and that of his family.Justice Vinod Goel directed the police to analyse the threats received by Pushkar who sought protection for his family and himself, and also for...

Chhattisgarh HC Asks TRAI, BSNL To Put Issue Of Hiking Min Internet Speed Before DoT [Read Petition]

The Chhattisgarh High Court has directed the Telecom Regulatory Authority of India and the Bharat Sanchar Nigam Ltd to place before the Centre (Department of Telecom) the issue of implementation of National Telecom Policy (NTP-2012), which envisages increasing the minimum speed of broadband in India, so that requisite steps can be taken to revive internet speed.A bench of Chief Justice...

MP HC Dismisses Cong Leader KK Mishra’s Revision Plea In Defamation Case [Read Order]

The Madhya Pradesh High Court has dismissed a revision petition filed by Congress leader KK Mishra challenging the charges framed against him in a defamation case.The defamation case is pending against him in the lower court at Bhopal.The complaint pertained to the Congress leader’s accusations against Chief Minister Shivraj Singh Chouhan and his family members of allegedly involved in...

Kerala HC Closes Contempt Case Against Journo Who Alleged Corruption, Nepotism In Judicial Appointments [Read Judgment]

He offered to publish in a regional newspaper having wide circulation in Kochi, a corrective-cum-apologyThe Kerala High Court has closed a criminal contempt proceeding against a man who, in his newspaper article, alleged corruption and nepotism in judicial appointments.Jaleel TA, owned a weekly newspaper named My Kochi, and he published an article in December 2016, alleging that the collegium...