High Courts Weekly Round-Up

Allahabad High CourtThe Allahabad High Court directed the removal of the vice-chancellor of Integral University, Lucknow. A bench of Justice Narayan Shukla and Justice Sheo Kumar Singh passed the order after hearing a PIL filed by one Junaid Ahmed, seeking issuance of a writ of quo warranto to SW Akhtar, VC of the university.The High Court held that that mere possession and recovery of...

In Departmental Proceedings, Inquiry Officer Is Quasi Judicial Officer, Not Dept’s Representative: Allahabad HC [Read Judgment]

The Allahabad High Court has recently held that the departmental proceedings are quasi judicial proceedings and the inquiry officer functions as quasi judicial officer.“He is not merely a representative of the department. He has to act as an independent and impartial officer to find out the truth,” said Justice Devendra Kumar Arora while quashing a dismissal order passed by inquiry officer...

Uttarakhand HC Directs Govt To Provide Free Schooling To Kids Orphaned In 2013 Floods [Read Judgment]

How else can a welfare state function effectively if it cannot even hear let alone listen to what the underprivileged and needy people have to say, the bench said.In a huge relief for 132 kids who lost their parents as a result of unfortunate floods which happened in Uttarakhand in 2013, the Uttarakhand High Court has asked the state government to admit all of them in Rajiv Gandhi...

Gauhati HC Rejects Demand For Separate Time Zone For North East India [Read Order]

The Gauhati High Court has dismissed a public interest litigation seeking a direction to the Central government to have separate time zone for the North East India, including Assam.The Union Government, in reply to the plea of one Rita Das Mozumdar, informed the court that a high level committee constituted by the Ministry of Science & Technology, Government of India, has already dealt...

498A: Vague allegations Not Sufficient To Prosecute Relatives Of Husband: MP HC [Read Judgment]

Madhya Pradesh High Court has recently held that in a prosecution under S.498A IPC (Matrimonial Cruelty) the case of the near and distant relatives of the husband stands on a different footing than that of the husband and parents-in-law.Justice GS Ahluwalia also held that in order to prosecute the other relatives, there has to be some specific allegations against them.The High Court...

European Court of Justice Restricts ‘Right To Be Forgotten’ [Read Judgment]

The European Court of Justice, on Thursday, ruled that individuals cannot demand removal of personal data from company records in an official register, thereby restricting the “right to be forgotten” to that extent.Such disclosure, it opined, was justified in view of the need to protect the interests of third parties, and to ensure legal certainty and fair trading, and thus the...

Building Tax Exemption To Educational Institution Only If It Caters Just To Students’ Purpose: Kerala HC [Read Judgment]

It held that if at all to claim any exemption, such an institution should utilise their entire resources /profits for the benefit of the students, school or college etc.The High Court of Kerala, in a judgment through Justice Devan Ramachandran, has held that only those educational institutions whose entire resources are utilised for the welfare of its students and itself are entitled to...

Beg Pardon For Your Stupid Actions: Ram Jethmalani Tells Justice Karnan In Open Letter [Read Letter]

If you do not know the enormity of your madness, do meet me and I might put some sense in your head, Ram Jethmalani wrote."You have lost your mind," nonagenarian senior lawyer Ram Jethmalani has told Justice CS Karnan in a 'brief', but scathing open letter.A copy of the letter addressed to the controversial judge has been uploaded on his website.Jethmalani said he has great concern and...

Recovery Of Notes Without Proof Of Demand Not Sufficient To Convict A Public Servant Under PC Act: Allahabad HC [Read Judgment]

Allahabad High Court has held that that mere possession and recovery of currency note from an accused without proof of demand would not enable the court to convict the accused.Justice Anil Kumar Srivastava has acquitted the Accused public servant in a 20yr old case where he was charged for offences under Prevention of Corruption Case.The Court observed that mere recovery of currency notes...

Lok Sabha Passes The Admiralty (Jurisdiction and Settlement of Maritime Claims) Bill, 2016

Loksabha has passed the Admiralty (Jurisdiction and Settlement of Maritime Claims) Bill, 2016 on Friday.The Bill aims to establish a legal framework to consolidate the existing laws relating to admiralty jurisdiction of courts, admiralty proceedings on maritime claims, arrest of vessels and related issues. It also aims to replace archaic laws which are hindering efficient governance. The...

Bill For Absolute Right To Appeal In Death Penalty Cases Introduced In Lok Sabha

A private member bill, 'The Constitution (Amendment to Article 134) Bill, 2017', to ensure natural and unrestricted right to appeal in the Supreme Court in all cases of death penalty, was introduced in the Lok Sabha on Friday, by Member of Parliament, Mr. B. Vinod Kumar.“Through this Bill, my intention is to ensure that every convict, who has been awarded death sentence by the lower court...

Bombay HC Refuses To Set Aside Election Of Solapur City MLA [Read Judgment]

The Bombay High Court has refused to set aside the election of Congress MLA Praniti Shinde from Solapur City constituency and dismissed the election petition filed by the CPM’s Adam Narsayya Narayan.Shinde got 46,907 votes in total while Narayan, who contested against her, got 13,904 votes.Narayan had alleged in his petition that Shinde and her election agents were guilty of corrupt...