High Courts Weekly Roundup [August 16, 2021 To August 22, 2021]

LIVELAW NEWS NETWORK

23 Aug 2021 5:01 AM GMT

  • High Courts Weekly Roundup [August 16, 2021 To August 22, 2021]

    Allahabad High Court Gyanvapi Mosque Dispute: Allahabad HC Grants 3 Week Time To Union, UP Govt To Reply On Plea Challenging ASI Survey Of Complex [Anjuman Intezamia Masajid Varanasi v. Ancient Idol Of Swayambhu Lord Visheshwar Full And 5 Others] The High Court directed the Union Government and State of Uttar Pradesh to file their responses in 3 weeks on plea challenging...

    Allahabad High Court

    Gyanvapi Mosque Dispute: Allahabad HC Grants 3 Week Time To Union, UP Govt To Reply On Plea Challenging ASI Survey Of Complex [Anjuman Intezamia Masajid Varanasi v. Ancient Idol Of Swayambhu Lord Visheshwar Full And 5 Others]

    The High Court directed the Union Government and State of Uttar Pradesh to file their responses in 3 weeks on plea challenging Varanasi Court's order allowing the Archaeological Survey of India for undertaking a survey at the disputed site of Gyanpavi Mosque/ Kashi Vishwanath temple.

    Justice Prakash Padia listed the matter for further hearing on September 28. An application had been filed by Anjuman Intezamia Masajid Varanasi, while praying for staying the effect and operation of the impugned order dated 8th April 2021.

    India Worships Little Girls But Pedophilia Cases Are Increasing: Allahabad HC Denies Bail To Man Booked For Raping 13-Yr-Old Girl: Allahabad High Court [Jasman Singh @ Pappu Yadav v. State of U.P. and Another]

    Emphasizing that India worships little girls, but at the same time, the cases of pedophilia are increasing in the country, the High Court denied bail to a man who has been booked for raping a 13-year-old girl.

    Justice Sanjay Kumar Singh observed thus: "In such a situation, if the right decision is not taken from the Court at the right time, then the trust of a victim/common man will not be left in the judicial system. This is the time to strictly stop this kind of crime."

    Lawyers' 'Unruly Behaviour' During Awadh Bar Association Election: Allahabad High Court Takes Suo Moto Cognizance [In Re: Unruly behaviour and breach of protocol during Awadh Bar Association Elections' 2021]

    The High Court took suo motu cognizance of the unruly behavior of the lawyers during the election of Awadh Bar Association which was scheduled for August 14. The Bench of Justice Ritu Raj Awasthi and Justice Dinesh Kumar Singh called upon Senior Registrar to submit his report with respect to security and unlawful activities, which had taken place inside the premises of the High Court during the election.

    Ganga Is Nation's Lifeline But Is One Of The Most Polluted Rivers In The World, Imperative To Revive, Make It Pollution Free: Allahabad HC [M/S Geo Miller & Co. Pvt. Ltd. Thru. Director v. U.P. Jal Nigam, Lucknow Thru. General Manager & Ors.]

    Referring to Prime Minister Narendra Modi's statement after getting elected from Varanasi Parliamentary seat in May, 2014 in which he said that it is his destiny to serve Maa Ganga, the High Court observed that every effort should be made to revive the river and make it pollution-free.

    The Bench of Justice Ritu Raj Awasthi and Justice Dinesh Kumar Singh also traced River Ganga's history to Hindu Mythology and noted that the future of the nation to a large extent will be depending on health and well-being of the river.

    Plea In Allahabad High Court Challenges Appointment Of Child Welfare Committee; Says Selection Panel Constituted In Violation of UP Juvenile Justice Rules, 2019 [Aneet Kumar Baghel v. State of Uttar Pradesh]

    A plea has been filed in the High Court challenging the appointment of a Child Welfare Committee (CWC) alleging that the constitution of the Selection Committee was in violation of the rules under the Juvenile Justice (Care and Protection) Act, 2015, Juvenile Justice (Care and Protection) Rules, 2016 and U.P. Juvenile Justice (Care and Protection of Children) Rules, 2019.

    The petition thus seeks a stay on the effect and operation of the notification appointing the CWC.

    "How Can A Person Involved In Private Dispute Of Criminal Nature Disturb Public Tranquillity?": Allahabad HC Stays S. 111 CrPC Notice [Noor Alam @ Noor Alam Khan v. State Of U.P. & Ors.]

    Emphasizing that there cannot be anything more precious than the personal liberty as well as the reputation of a person, the High Court last week stayed Section 111 CrPC notice sent by an SDM to one Noor Alam which contained 'strong words' against him.

    The Bench of Justice Mohd. Faiz Alam Khan also observed that in the Section 111 CrPC notice, it was also not clear as to how by involving himself in a private dispute of criminal nature, public tranquillity could be disturbed by the applicant.

    Allahabad High Court Sets Aside Uttar Pradesh Govt's Order Designating Gond Sub-Castes Under ST Category [Nayak Jan Seva Sansthan v. State Of U.P. And 2 Others]

    The High Court set aside the order of the Uttar Pradesh government under which two Gond sub-castes — Nayak and Ojha were designated in the category of Scheduled Tribes (ST).

    The Bench of Acting Chief Justice Munishwar Nath Bhandari and Justice Rajendra Kumar-IV held that it was not permissible for the UP Government to refer to the caste Gond or its synonyms / sub-caste Nayak and Ojha as falling in the category of scheduled tribes.

    Elderly COVID Patient Missing From Hospital- "Matter Of Serious Concern, Trace Him Before Aug 27": Allahabad HC Raps Authorities [Rahul Yadav v. State Of U.P. And 4 Others]

    The High Court rapped the Prayagraj District Administration, Police, and the TB Sapru Hospital administration (Prayagraj) in a case pertaining to the missing of a COVID Patient (82-year-old) although more than three months have passed since a missing report had been registered.

    The Bench of Justice Surya Prakash Kesarwani and Justice Piyush Agrawal was hearing a Habeas Corpus plea seeking the release of an 82 years old man from the custody of TB Sapru Hospital in Prayagraj, where he was admitted for treatment of Covid-19 but purportedly went missing.

    Exercise Of Power U/S 319 CrPC: "Primacy To Be Given To Evidence Recorded During Trial Over Material Collected During Investigation": Allahabad HC [Adesh Tyagi v.­ State of U.P. and Another]

    The High Court recently observed that for the purpose of the exercise of power under Section 319 of the CrPC, the evidence recorded by the court during trial is to be accorded primacy over the material collected during investigation.

    Observing thus, the Bench of Justice Yogendra Kumar Srivastava said: "The contention which has been sought to be raised placing reliance upon the material collected by the investigating officer during the course of investigation, for the purpose of exercise of powers under Section 319 of the Code, thus cannot be accepted."

    "15-Yr-Old Girl's Molestation Case Dealt With In Casual & Insensitive Manner": Allahabad HC Directs Action Against Erring Police Officials [Kishan Upadhyaya v. State of U.P. and Another]

    The High Court came down on heavily on the police department for dealing with the molestation case of a 15-year-old girl in a very casual and insensitive manner The bench of Justice Raj Beer Singh directed the Superintendent of Police, District Chitrakoot to take strict action against the erring police officials and to file an action taken report before the Registrar General, Allahabad High Court, within a period of one month.

    Accused Can't Claim That His Confessional Statement Be Considered Regarding Some Offences Only & Not For Others: Allahabad HC [Vinod Mali v. State of U.P.]

    The High Court held that when a conviction is made as a whole regarding any occurrence or set of occurrences, the accused cannot, at a later stage, claim that confessional statement made by him should be considered regarding some of the offences only and not for others.

    The Bench of Justice Ajai Tyagi was dealing with a contention of the appellant-accused that he could not have been convicted under Section 413 IPC based on his confession as the trial Court did not ask for at least two judgments dealing with his conviction under Section 411 IPC.

    Forensic Science Laboratory's Report Need Not Be Proved By Calling Its Director As It A Public Document U/S 293 CrPC & Hence Admissible: Allahabad HC [Jose Luis Quintanilla Sacristan v. State of U.P]

    The High Court recently held that since a report of State Forensic Science Laboratory is admissible in evidence (as per the provision of Section 293 Cr.P.C.), therefore, there is no requirement to call the Director of that laboratory to get the same proved.

    The Bench of Justice Ajai Kumar Tyagi was hearing an appeal of a Spain national accused/appellant against the Judgment and order of conviction of the lower court under the NDPS Act from whose trolley-bag 10 kg. charas was recovered.

    Section 82 CrPC - Magistrate Should Not Make Proclamation As Absconder In A Routine Manner As Issue Relates To Personal Liberty : Allahabad High Court [Kunwar Mahendra Pratap Singh v. State of Uttar Pradesh]

    The High Court has held that for issuance of proceeding under Section 82 of the Criminal Procedure Code [Cr. P.C], the investigating officer has to seek the help of the Court, and only under the orders of the Court proclamation under Section 482 Cr.P.C. can be issued.

    Justice Saroj Yadav observed that it is settled that if the accused evades the arrest during the investigation, the Investigating Officer has the power to arrest the accused without a warrant if the offence is a cognizable one.

    Other developments:

    Bombay High Court

    Bhima Koregaon Case : Bombay High Court Directs Taloja Prison To Ensure Proper Medical Treatment For Prof Hany Babu

    The High Court ordered Delhi University Associate Professor Hany Babu to be re-lodged in Taloja Prison following the report of a private hospital that he is 'fit for discharge'. He is accused in the caste-violence Bhima Koregaon – Elgar Parishad Case. Babu was admitted to Breach Candy hospital following HC'sorders on May 19, after testing positive for Covid-19 and to treat his eye infection.

    Also Read: Bhima Koregaon Case : Bombay High Court Directs Taloja Prison To Ensure Proper Medical Treatment For Prof Hany Babu

    Father Stan Swamy Has Right To Have His Name Cleared : Jesuits Approach Bombay High Court

    Late tribal-rights activist Father Stan Swamy's counsel and kin have urged the High Court to clear the odium attached to his name and reputation due to his arrest in the Bhima Koregaon – Elgar Parishad caste violence case.

    "Article 21 (Right to dignity) of the Constitution equally applies to deceased persons and just as the Appellant(Father Swamy) would have had a right to clear his name if he were alive, similarly those closest to him would have a similar right to clear his name," Senior counsel Advocate Mihir Desai said on behalf of the Jamshedpur Jesuit Province, which is seeking to pursue Stan Swamy's case as his next of kin

    Bombay High Court Allows Muharram Procession With Strict Conditions

    The High Court allowed a Shia-Muslim Trust to perform Muharram rituals on August 20 - the tenth day of Muharram (Ashura) - by adhereing to stringent conditions. A division bench of Justices KK Tated and PK Chavan allowed a procession of 100 fully vaccinated persons to travel on seven trucks along with five taziyas (a replica of Imam Hussain's tomb). This will be the only procession in the entire State.

    Counsel's Failure To Argue Written Submissions Not A Ground For Review: Bombay High Court [Priyanka Communications (India) Pvt Ltd vs Tata Capital Financial Services Ltd.]

    In an important order, the High Court has observed that written submissions in a dispute become immaterial if the litigant's counsel doesn't rely on them before the court of the first instance.The Bench went on to add that those submissions cannot subsequently be used to challenge any order.

    "Counsel's failure to argue written submissions is not a ground of review or, I dare say, even appeal. It is no ground to assail any order of any judge of any court. If the written submissions were to be relied on, that ought to have been done during arguments, or, at any rate, while judgment was being dictated in open court or at best shortly after the judgment or order was uploaded. These never-argued written submissions cannot be taken in hindsight."

    Extremely Burdensome, Can Cause Grave Injury To Mental Health: Bombay High Court Allows Domestic Violence Victim To Terminate Pregnancy [Sidra Mehboob Shaikh alias Sunita Raja Pramanik v. State of Maharashtra & Anr]

    The High Court recently granted liberty to a woman to undergo medical termination of her pregnancy, who was alleged suffering from domestic violence repeatedly. The Court in its decision noted that the petitioner woman had filed a police complaint against violence meted out to her by her husband, besides lodging complaint before the competent magistrate under the provisions of the Protection of Women from Domestic Violence Act, 2005.

    Second Marriage After Divorce Not Domestic Violence': Bombay High Court Admonishes Wife For Abuse Of Process Of Law

    The Nagpur bench of the High Court has recently ruled that a man entering into a second marriage after divorce will not amount to cruelty or an act of domestic violence under the provisions of the Protection of Women from Domestic Violence Act, 2005 (Domestic Violence Act) while quashing proceedings initiated by the ex-wife. Justice Manish Pitale observed that the contention that second marriage after the grant of a divorce decree amounts to domestic violence cannot be accepted .

    Also Read: Claiming To Be Adopted Son Of Gangubai Kathiawadi, Man Seeks Stay Of Film; Bombay High Court Refuses

    Court Can Interfere In Unconditional Bank Guarantee Only When There Isn't A Slightest Possibility Of Amount's Restitution: Bombay HC [SKS Power Generation v. Canara Bank]

    The High Court has recently observed that there can be no interference with an unconditional bank guarantee except when fraud is established or apprehension of irretrievable injustice is demonstrated. The Bench of Justice G. S. Patel observed that while a bank guarantee's encashment or realization has a localized adverse effect on the bank, this must be set against, and weighed against, the larger adverse effect on country-wide commerce of the grant of an injunction itself.

    Gangubhai Kathiawadi Movie : Bombay High Court Stays Criminal Defamation Proceedings Against Sanjay Leela Bhansali, Alia Bhatt, Bhansali Productions [Bhansali Production Private Limited and Ors vs. Babuji Rawji Shah and Anr]

    The High Court temporarily stayed defamation proceedings against the makers of the film Gangubai Kathiawadi, including the film's director Sanjay Leela Bhansali and lead actor Alia Bhatt.

    The movie is based on a chapter of the book Mafia Queens of Mumbai. Justice Revati Mohite Dere issued notice to the respondents and granted a stay on the proceedings before the trial court till September 7, in a quashing petition filed under section 482 of the CrPC.

    Other developments:

    Calcutta High Court

    Calcutta High Court Orders CBI Probe Into West Bengal Post-Poll Violence Cases Of Murder And Rape [Anindya Sundar Das v. Union of India and other connected matters]

    The High Court handed over to the Central Bureau of Investigation(CBI) the investigation of the cases related to murder, rape and crime against women which happened in the State of West Bengal in May 2021 soon after the declaration of the assembly election results. The CBI investigation will be monitored by the High Court. Acting Chief Justice Rajesh Bindal delivered the lead judgment whereas Justices I.P Mukerji, Harish Tandon and Soumen Sen delivered separate but concurring judgments.

    Incidents Of Violence Even If Isolated, Not Good For Healthy Democracy': Calcutta High Court On West Bengal Post Poll Violence [Anindya Sundar Das v. Union of India and other connected matters]

    A 5-judge bench of the High Court comprising Acting Chief Justice Rajesh Bindal, Justice IP Mukerji, Justice Harish Tandon, Justice Soumen Sen and Justice Subrata Talukdar pronounced the verdict in a batch of petitions alleging State inaction against the alleged acts of violence unleashed by members of ruling Trinamool Congress party on those who supported the BJP during the election. Acting Chief Justice Rajesh Bindal delivered the lead judgment whereas Justices I.P Mukerji, Harish Tandon, Soumen Sen and Subrata Talukdar delivered separate but concurring judgments.

    Other developments:

    Chhattisgarh High Court

    Chhattisgarh High Court Denies Medical Negligence Claim Over Alleged Wrong Administration Of Remdesivir Injection To COVID Patient [Sanjay Ambastha v. State of Chhattisgarh & Ors.]

    Denying the claim of medical negligence against a doctor for alleged wrongful administration of Remdesivir injection leading to death of a 69 years old woman, the High Court observed that putting Doctors to criminal prosecution for negligence would create a lot of "emotional disturbance" at the time of pandemic, when the doctors are serving the ailing.

    Justice Goutam Bhaduri remarked that the doctors made their best effort to revive the ailing ones despite the miserably falling doctors-patient ratio. It remarked that no criminal negligence can be attached on an individual opinion.

    Delhi High Court

    Delhi High Court Asks Centre's Counsel To Seek Instructions On Plea For CERT-In Led Investigation Into Data Breaches At Domino's, Big Basket, Etc. [Yarlagadda Kiran Chandra v. Union of India & Anr.]

    A plea has been filed before the High Court seeking directions on Computer Emergency Response Team India (CERT-IN) to initiate investigation into large scale breaches in data maintained by companies namely BigBasket, Domino's, MobiKwik and Air India.

    Acting on the grievances raised before it, Justice Rekha Palli, granted time to Central Government Standing Counsel Ajay Digpaul, to obtain instructions in the matter.

    Delhi High Court Asks Centre's Counsel To Seek Instructions On Plea Against Alleged Exorbitant Pricing Of Covid-19 Vaccine [Rakesh v. Union of India & Anr.]

    The High Court asked the Central Government counsel to seek instructions on a PIL seeking reduction in the price of COVID-19 vaccines in India. The matter is slated to be heard on September 10.

    He stated that whereas the Indian Government has been aiding foreign countries by providing free vaccines, it is charging its own citizens for the same. He highlighted that initially, vaccine prices were restricted to Rs. 250 per dose however, the same has increased 3-4 times now, making it difficult for people from lower income groups to access vaccines.

    Also Read: Delhi High Court Takes Suo Moto Cognizance Of Fire At Nehru Place Market, Directs Authorities To Ensure No Hawking & Vending Policy

    Drastic Psychological Impacts: Plea In Delhi High Court Seeks Ban On Medically Unnecessary Sex-Selective Surgeries On Intersex Infants, Children [Srishti Madurai Educational Research Foundation v. Govt. of NCT of Delhi & Ors.]

    A PIL has been filed before the High Court seeking a ban on medically unnecessary, sex-selective surgeries on intersex Infants and children except in cases of life-threatening situations. Moreover, a direction to the Delhi Government and Delhi Commission for Protection of Child Rights (DCPCR) to frame detailed policy or guidelines specifying the conditions when medical surgery on intersex infants and children can be performed, has also been sought.

    Covid Care Facility Inside Campus Made Operational': JNU, Delhi Govt Claim In High Court, Petitioners Granted Time To File Response [JNU Teachers' Association & Ors. v. JNU & Anr.]

    The High Court has granted time to Jawaharlal Nehru University Teacher's Association and others till September 17 in order to respond to the claim of the University and the Delhi Government that the Covid care centre has been made operational inside it's campus.

    The said claim was however refuted by the petitioners who submitted before Justice Rekha Palli that the position on the ground was strikingly different.

    Delhi Cantt Case: Parents Of 9-Yr-Old Victim Move High Court Seeking SIT Probe, Judicial Enquiry Into Alleged Administrative Lapse [Sunita & Anr. v. State of NCT of Delhi & Ors.

    A plea has been filed before the High Court by parents of the 9-year-old minor girl, allegedly gang-raped and murdered in Delhi Cantt area, seeking Court monitored SIT investigation. The plea also seeks judicial enquiry into alleged lapses in administrative action, delayed filing of FIR. The plea filed through Advocates Jitendra Kumar Jha, Sarsij Nayanam and Suresh Kumar will be heard tomorrow by Justice Yogesh Khanna.

    Also Read: Delhi Cantt Rape Case: High Court Asks Crime Branch To File Status Report On Investigation

    Indian Man Missing From Saudi Arabia Since April 2020: Delhi High Court Issues Notice To MEA On Wife's Plea [Chandyara Bibi SK v. Union of India]

    The High Court issued notice on a plea filed by the wife of a man, allegedly working in Jeddah on a labour visa and missing since April 2020.

    Justice Rekha Palli has sought response from the Union of India on the woman's plea seeking verified information about her husband's whereabouts and repatriation of his body, in case he is dead. The Embassy of Kingdom of Saudi Arabia is also arrayed as a Respondent party in the matter.

    Also Read: High Court Issues Notice On Plea Seeking Nomination Of Adequate Members To New Delhi Municipal Council

    Delhi Riots: High Court Reserves Judgment In Bail Pleas Filed By 11 Accused Persons In Head Constable Ratan Lal Murder Case [Md. Arif v. State (BA 774/2021) and connected cases]

    The High Court reserved its judgement in the bail pleas filed by 11 accused persons in connection with the murder of Head Constable Ratan Lal during the North-East Delhi riots that erupted in the national capital last year. (FIR 60/2020 PS DayalPur)

    Justice Subramonium Prasad reserved the order after hearing at length various counsels appearing on behalf of the accused persons along with ASG SV Raju and Special Public Prosecutor Amit Prasad appearing for prosecution.

    Also Read: Delhi Riots Larger Conspiracy Case: Court To Hear Umar Khalid's Bail Plea On August 23

    Also Read: "They Were Producer & Director Of Delhi Riots": Prosecution Opposes Natasha Narwal's Plea For Modification Of Bail Condition

    Delhi High Court Seeks Centre's Response On Plea For Declaring PM CARES Fund As State Under Article 12 Of Constitution [Samayak Gangwal v. CPIO, PMO]

    The High Court asked the Centre to file its reply on a petition seeking declaration that PM CARES Fund is "State" under Article 12 of the Constitution. A Division Bench of Chief Justice DN Patel and Justice Jyoti Singh has asked the Central Government to file its reply in the matter within 1 week and has fixed the case for hearing on September 13.

    So Called Integrity Keepers Challenge Every Govt Appointment': ASG Tells Delhi HC In Plea Against Appointment Of Rakesh Asthana As Delhi Police Commissioner [Sadre Alam v. Union of India & Ors]

    Opposing the plea challenging appointment of IPS Officer Rakesh Asthana as the Delhi Police Commissioner, ASG Chtena Sharma said that it has become a practice of the "so-called integrity keepers" to challenge any and every government appointment. Sharma also questioned the locus standi of the Petitioner and submitted that a PIL is not maintainable in service matters.

    A Bench of Chief Justice DN Patel and Justice Jyoti Singh was hearing a plea filed by one Sadre Alam through Advocate BS Bagga, challenging the order dated July 27 issued by the Central Government granting inter-cadre deputation and extension of service to Asthana. It emphasized that Asthana was appointed as Delhi Police Commissioner four days before he was due to retire on his superannuation on July 31.

    Application For Condonation Of Delay Must Be Submitted With A Written Statement Filed Beyond 30 Days Of Issue Of Summons: Delhi High Court [M/S OK Play India Pvt. Ltd. V. M/S A P Distributors & Anr]

    The High Court passed an order holding that a written statement filed after 30 days of service of summons but before the expiry of further 90 days must mandatorily be accompanied with a written application setting out the reasons for the delay.

    This would allow the court to consider the reasons so given, to condone delay and receive the belated written statement giving reasons for granting such leave and enabling the court to impose appropriate costs, added Justice Asha Menon.

    "Victim Being Educated Not Immune To Cheating": Delhi HC Denies Anticipatory Bail To Navy Officer Accused Of Raping Woman On Pretext Of Marriage

    Observing that a victim being an educated lady is not immune to cheating, the High Court has denied anticipatory bail to an Indian Navy Officer accused of raping a woman on pretext of marrying her.

    Justice Yogesh Khanna observed: "No doubt, the victim is an educated lady, but is an educated person immune to cheating. The answer would be "no". The facts do show the petitioner and prosecutrix did have such relations to kindle a hope in the prosecutrix that the petitioner shall marry her at all costs. It was not illogical for her to think so."

    Also Read: Delhi High Court Bar Association Requests CJ DN Patel To Prepone Resumption of Physical Hearings

    Delhi High Court Seeks Status Report From Tihar Jail Authorities, Police On Death Of Inmate Ankit Gujjar [Geeta & Ors v. State & Ors]

    The Court has sought status report from Tihar Jail authorities as well as the Delhi Police in a petition concerning the alleged murder of inmate Ankit Gujjar, a 29-year old gangster, inside Tihar Jail earlier this month. The plea sought transfer of probe from Delhi Police to Central Bureau of Investigation (CBI).

    Justice Mukta Gupta also directed Director General (Prisons) to preserve all the CCTV footages having bearing on the incident, i.e. prior to the incident, at the time of incident and thereafter.

    NHRC Tells Delhi High Court Mere Fact That It Is Situated In Delhi Not Sufficient To Entertain Claims Relating To Other States [Suhas Chakma v. NHRC]

    The National Human Rights Commission stated that merely because its office is situated in Delhi is not a sufficient ground for the High Court to entertain claims related to other states.

    Stating that the instant case pertains to compensation payable by the State of Manipur, Advocate Vrinda Grover submitted that the High Court does not have territorial jurisdiction to hear the matter.

    'All Permutations & Combinations In Prayer; General Lumpsum Arguments': Delhi High Court Dismisses PIL For Development Of Gautampuri Area [Shrikant Prasad v. GNCTD & Ors.]

    The High Court dismissed a PIL seeking development of the Gautampuri area in the national capital, upon observing that the Petitioner had not made even a single representation before the concerned authorities.

    A Division Bench of Chief Justice DN Patel and Justice Jyoti Singh also remarked that the Petitioner had made all sorts of "permutations and combinations" in the prayer, and was advancing "general lumpsum arguments" without doing proper research.

    Amazon-FRL Case : Delhi High Court To Proceed With Single Bench Order If No Stay Granted By SC To Future Group

    While dealing with a plea seeking compliance of the single judge bench order allowing Amazon's application to enforce the emergency award against Future-Reliance deal, the High Court has told Future Group that it will proceed with order's compliance if stay is not granted by the Supreme Court within four weeks.

    The development came after Justice Suresh Kumar Kait was informed by Senior Advocate Parag Tripathi, appearing for Future Coupons Pvt Ltd and other respondents that they have filed Special Leave Peititons in the Supreme Court against the single judge order dated March 18, 2021 which are about to be heard by the Apex Court in coming weeks.

    Right To Be Forgotten: Delhi High Court Issues Notice On Plea By Acquitted Businessmen Seeking Removal Of Judgment, News Articles From Internet

    The Court has issued notice on a plea filed by two businessmen acquitted in a forgery case, invoking their right to be forgotten and seeking removal of the concerned judgment and news articles from internet. The petitioners were aggrieved by the continued availability of online articles regarding their past arrest and trial despite their having been acquitted from the charges.

    'Headless, Defunct Without Qualified Incumbents': Delhi High Court Expresses Dismay Over Delay In Filling Up DRT Vacancies [Edelweiss Asset Reconstruction Co. Ltd. v. Secretary, Department of Financial Services & Ors.]

    The Court recently condemned the delay by the Central Government in appointing Presiding officers to Debt Recovery Tribunals across the country, and sought the Department's response in this regard within a week. A Division Bench of Justice Vipin Sanghi and Justice Jasmeet Singh remarked as such:

    "...the real problem being faced by the DRTs is that they are headless and more or less defunct without qualified and competent incumbents."

    'Case Of Honey Trap': Delhi High Court Denies Anticipatory Bail To Woman Who Allegedly Threatened Man Of Filing False Rape Case

    The Court has denied anticipatory bail to a woman who allegedly threatened a man of filing rape case against him if he failed to meet her demand of Rs. 2 Lakhs. "This is a case of honey trap," the Court observed.

    Justice Subramonium Prasad was dealing with the anticipatory plea filed by a woman accused for offences punishable under sec. 328 (Causing hurt by means of poison, etc with intent to commit an offence), 389 (Putting person in fear of accusation of offence, in order to commit extortion) and 34 (common intention) IPC.

    Bar U/S 8 Of Commercial Courts Act On Revision Application/ Petition Not Applicable To Petitions Under Article 227: Delhi High Court [Black Diamond Trackparts Pvt V. Black Diamond Motors Pvt. Ltd.]

    The Court has held that the bar provided under Section 8 of the Commercial Courts Act against entertaining revision application or petition against any interlocutory order of a Commercial Court, is not applicable to petitions under Article 227 of the Constitution of India.

    A Division Bench of Justice Rajiv Sahai Endlaw and Justice Amit Bansal held that the jurisdiction and powers of the High Court in entertaining petition under Art. 227 cannot be affected by a statute framed by a legislature.

    Delhi High Court Grants Ex-Parte Ad-Interim Injunction In Trademark Infringement Suit Filed By 'Amul' [Gujarat Cooperative Milk Marketing Federation Ltd & Anr V. Maruti Metals & Anr.]

    The Court has granted ex-parte ad-interim injunction to Gujarat Cooperative Milk Marketing Federation Ltd, popularly known as 'Amul', in a trademark infringement suit which alleged that a company was using a misleading mark i.e. 'Amul Cookware' for selling kitchenware and utensils.

    Also Read: Debatable If Lower Courts Bound By Supreme Court Decision When Another SC Bench Refers It To A Larger Bench: Delhi High Court

    "Purely Administrative In Nature": Delhi High Court Dismisses Plea Of Two Female ITBP Constables Seeking Redeployment In Afghanistan [Rani Devi & Anr. v. Indo Tibetan Border Police]

    The Court has recently dismissed a plea filed by two female constables working with Indo Tibetan Border Police (ITBP) who sought redeployment at the Indian Mission, Afghanistan.

    Justice Rajiv Sahai Endlaw and Justice Amit Bansal observed that the issues with regards to deployment and re-deployment of personnel based at a foreign mission are purely administrative in nature which cannot be interfered by the Courts.

    Homeless Persons Lodged In Night Shelters Provided With Two Meals A Day Without Requiring Govt ID: DUSIB Informs Delhi High Court [Bandhua Mukti Morcha v. DUSIB & Ors.]

    The Delhi Urban Shelter Improvement Board has informed the High Court that all homeless persons residing in the night shelters in the national capital are provided with two meals per day, irrespective of them having a government issued identification card.

    A counter affidavit stating thus has been filed on behalf of DUSIB in a plea filed by NGO Bandhua Mukti Morcha seeking directions to provide three meals a day to all homeless occupying the night shelters and also for providing age appropriate nutritious breakfast to children as per Schedule II of National Food Security Act, 2013.

    Father Assails Order Allowing Estranged Wife To Take His Son For 5 Hours On Raksha Bandhan; Delhi High Court Reduces Visitation Time

    The Court has reduced, with consent of the parties, the visitation time granted to a mother with respect to her son residing with her estranged husband, on the occasion of Raksha Bandhan. The child's sister lives with the mother.

    The father of the minor had filed a plea challenging the order dated August 7 passed by the Family Court permitting his wife to pick up the minor son from his residence at 10 am on August 22 and drop him back at 3 pm after celebrating the festival.

    Other developments:

    Jharkhand High Court

    Political Party Members Constitute A 'Community' Within Meaning Of S. 125 Of Representation Of People Act: Jharkhand High Court

    The High Court ruled that members of a political party constitute a community within the meaning of Section 125 of the Representation of the People Act of 1951.

    The Bench of Justice Anubha Rawat Choudhary held thus while dismissing a criminal revision petition moved by petitioners who were convicted for burning the banner of Bharatiya Janata Party (BJP) by Mashal during elections in February 2000.

    Gauhati High Court

    Gauhati HC Denies Pre-Arrest Bail To Reporter Accused Of Extorting Money From Doctor For Not Publishing Adverse News About Covid-19 Vaccination [Imran Ali v. State Of Assam]

    The High Court has denied anticipatory bail to a Press Reporter who allegedly threatened the District Immunization Officer of Assam's Dibrugarh of publishing an adverse news report, stating that a person was administered two Covid-19 vaccine doses on the same day instead of one, if the latter failed to pay money to him.

    "A serious allegation has been raised by the informant," the Court observed at the outset.

    Foreigners' Detention Centre: Gauhati High Court Grants 45 Days To Assam Govt For Completing Construction, Shifting Detenues [Santanu Borthakur v. State of Assam]

    In a petition concerning detention of foreign illegal migrants, the Court recently granted 45 days' time to the Assam Government for completing the construction of a detention centre at Matia, Goalpara and shifting of detenues to the same thereafter.

    Justice Kalyan Rai Surana also directed the Secretary of Assam Government, Home and Political Department to file an updated status report with regards to the status of construction at the end of 45 days while posting the matter for further hearing on September 30.

    Persons Who Fled To Assam During WB Post Poll Violence Provided Temporary Relief; Left To Their Homes: State Urges Gauhati HC To Close PIL

    The State of Assam has informed the High Court that 70 displaced persons who had fled from West Bengal to Assam in view of post-poll violence were provided with temporary shelter, food and medicines by the district administration while maintaining Covid-19 protocols.

    The State also informed that the affected people have now left to their homes and since there is no more influx in Assam, the PIL instituted in this regard may be closed.

    Gujarat High Court

    Gujarat Anti-Conversion Law Prima Facie Interferes With Marriage & Right To Choice, Infringes Article 21 : Gujarat High Court

    While protecting inter-faith marriages by consenting adults from the rigours of the Gujarat Freedom of Religion(Amendment) Act 2021, the High Court prima facie observed that the law "interferes with the intricacies of marriage including the right to the choice of an individual, thereby infringing Article 21 of the Constitution Of India".

    A division bench comprising Chief Justice Vikram Nath and Justice Biren Vaishnav observed that the provisions of the law, commonly known as the 'love jihad' law, put parties who have validly entered into inter-faith marriage "in great jeopardy"

    PASA Sword Hanging Over Traders Can't Be Permitted To Continue, Citizens Can't Be Left In Lurch: Gujarat High Court [Amitkumar Rameshbhai Patel, Sanjay Prahladbhai Patel and Sanjaykumar v. State Of Gujarat & Ors.]

    The Court observed that when the State on the whole and the economy, in particular, is trying to regain the momentum post COVID, the Court can't allow that the sword of PASA Act remains hanging over the traders in connection with GST matters.

    The Bench of Justice Paresh Upadhyay was hearing the matter of the petitioners apprehending detention under PASA in connection with the Complaint filed by the State Tax Department in CJM's Court under different sub-sections of Section 132 of the Central & Gujarat GST Acts read with Section 120B of the IPC.

    "Citizens' Freedom At Stake; Need To Educate Officers Where State's Territory Ends": Gujarat High Court Raps SDM For Exceeding Jurisdiction [Sagarbhai Sadashiv Bhamare v. State Of Gujarat]

    The Court came down heavily on the State's authorities for encroaching upon the liberty of citizens by externing people from the Union territories (outside the Gujarat State's Jurisdiction), upon which they do not have any jurisdiction.

    The Bench of Justice Paresh Upadhyay was hearing a challenge to the order passed by the Sub-Divisional Magistrate, Navsari, externing petitioner, one Sagar Bhamare, for a period of two years from several Districts of Gujarat and also from the Union Territories of Daman and Dadra Nagar Haveli.

    No Need To Examine Scribe To Prove Execution of a Will: Gujarat High Court [Sonaji Badhala Chaudhari v Akha Diwala Chaudhari Through Heirs]

    The Court has held that in view of the provisions of Section 68 of the Indian Evidence Act, 1872, there is no need to examine the scribe of a Will. What law requires is examination of at least one attesting witness, added the Court.

    Defamation Case Against Rahul Gandhi: "Reconsider BJP MLA's Plea To Examine 4 Witnesses": Gujarat High Court To Surat Court [Purnesh Ishvarbhai Modi v. State Of Gujarat]

    The Court quashed an order of the Surat Court rejecting the application filed by BJP MLA Purnesh Modi to examine 4 additional in a criminal defamation case filed by him against Wayanad MP & Congress Leader Rahul Gandhi.

    The Bench of Justice Ilesh J. Vora was hearing Section 482 CrPC application filed by Modi seeking quashing of the order of Chief Judicial Magistrate, Surat dated January 5, 2021 whereby, his application filed under Section 311 of CrPC (to examine 4 witnesses) had been rejected.

    Karnataka High Court

    Juvenile Justice Act - Ascertain Identity Of Parents Surrendering Child; Inquire Reasons : Karnataka High Court Issues Guidelines For CWCs [Letzkit Foundation & The State of Karnataka]

    The Court directed the State government to exercise rulemaking powers under 110(2) of the Juvenile Justice (Care and Protection of Children) Act, 2015, for providing the procedure for inquiry and counselling to be followed by Child Welfare Committees, in cases of the surrender of a child by parents/guardian to the Committee.

    The procedure has to be prescribed as expeditiously as possible and in any event within a period of 3 months.

    1% Transgender Reservation In Employment: Karnataka High Court Asks State Govt To Consider Issuing Directions To State-Owned Enterprises [Sangama v. State of Karnataka]

    The High Court directed the state government to consider issuing directions/advisory to all state-owned corporations and statutory authorities established under the state enactments to provide 1 per cent reservations in recruitment for transgenders.

    Last month, the government had issued a notification whereby it decided to provide 1 per cent (horizontal) reservation to Transgender candidates in government jobs to be filled through the direct recruitment process. The reservation is applicable to transgender candidates in each category of General merit, SC,ST and in each of the OBC categories.

    Karnataka High Court Grants Former CM Yediyurappa 2 Weeks To File Objections In Plea Seeking Probe Into Corruption Allegations

    The High Court directed former Chief Minister B S Yediyurappa, his son and others to file their statement of objections to a petition seeking probe in an alleged corruption case against them, in two weeks.

    Justice Sunil Dutt Yadav had earlier issued notice to the respondents on a petition filed by a social activist, TJ Abraham, following which the respondents appeared through their counsels before the court and requested time to file their statement of objections.

    High Court Directs Karnataka Govt. To Consider Compensating Parents Of A School Child Who Died Of Electrocution While Erecting Flagpole [All India Lawyers Union (Suo Motu) and The State of Karnataka]

    The Court has directed the State to immediately consider offering compensation to the parents of a 15 year old boy who died of electrocution when an iron pole on which he was preparing to hoist the national flag on Independence Day came in contact with a live electric cable.

    The boy succumbed to death when he came in contact with overhead wires in the premises of the Government Primary School at Karikere in Tumkur.

    Unveiling Of Shiva Statue In Begur Lake : Karnataka High Court Seeks Police Report On Investigation So Far

    The High Court was informed that a First Information Report has been registered in the incident regarding the unveiling of the Shiva Statue constructed on the artificial island, inside the Begur lake. Further, it was said that police personnel have been deployed around the lake and there have been no incidents now.

    Recently, the Shiva statue was unveiled by a group in violation of a stay order passed by the Court.

    Police Interrogation Of Children Over Anti-CAA School Drama Prima Facie Violated JJ Act, Child Rights: Karnataka High Court [Nayana Jyothi Jhawar v. State of Karnataka]

    The Court made a prima facie observation that the presence of policemen in their uniforms, carrying weapons, while interrogating children with regard to the sedition case on staging of an anti-CAA drama at Shaheen Education Society in Bidar last year, was a serious violation of the provisions under the Juvenile Justice(Care and Protection of Children) Act, 2015.

    Karnataka High Court Issues Interim Directions To Ensure Proper Functioning of Forensic Science Laboratories [High Court of Karnataka & State of Karnataka]

    Observing that "There is a gross violation of Article 21 of the Constitution of India on account of state machinery not performing its duties. It is the obligation on the part of the State to provide speedy access to justice," the Court has issued several interim directions to ensure the proper functioning of the Forensic Science Laboratories in the state.

    A division bench of Chief Justice Abhay Oka and Justice Suraj Govindaraj was hearing a suo-motu petition initiated based on the order passed by a single judge bench, dated December 22, 2020 in which it had issued several directions to the state government for filling up of vacancies.

    Kerala High Court

    Cannot Take Away Freedom To Choose: Kerala High Court Allows Medical Termination Of 22 Weeks Old Pregnancy [Karthika Sumesh & Anr. v. State of Kerala & Ors]

    The High Court ruled that the freedom of a pregnant woman to make a choice regarding the continuance of her pregnancy cannot be taken away. It thereby permitted the Petitioner with mild mental and physical disabilities to terminate her 22-week old pregnancy.

    Justice PB Suresh Kumar allowed such termination despite it having crossed the ceiling of 20-weeks as prescribed under the Medical Termination of Pregnancy Act, after examining a medical report evidencing that the mother has a mild mental disability and impaired adaptive skills, due to which "she might find it difficult to cope with the child-rearing demands of a baby with a disability".

    Right To Privacy Of Single Mothers: Kerala HC Calls For Separate Forms For Registration Of Children Born Through Assisted Reproductive Technologies [X v. State of Kerala & Ors]

    The Court held that requiring single women, who conceived through Assisted Reproductive Technologies, to furnish the father's name for registering the births and deaths of their children necessarily affects the right of dignity of the mother as well as the child.

    Justice Sathish Ninan while allowing the petition filed by a woman who conceived via IVF, held that the respondents shall immediately take necessary steps to provide separate forms for registration of births and deaths and for issuance of certificates for children born out of such conceptions.

    A Party To Dispute Cannot Nominate Arbitrator Even If The Arbitration Agreement Allows It: Kerala High Court [Tulsi Developers India Pvt. Ltd. v. Dr. Appu Benny Thomas]

    The Court has held that neither a party to an Arbitration Agreement nor a person nominated by it can be nominated an arbitrator, even if the agreement expressly allows the same.

    With this notion, the Court went on to disregard the stipulationsof the arbitration clause to the extent to which it allowed the lessor (respondent) to nominate the Arbitrator when the parties failed to arrive at a consensus nominee.

    Could Lead To Further Health Issues: Centre Objects Re-vaccinating Fully Vaccinated People Before Kerala High Court [Girikumar Thekan Kuunumpurath v. Ministry of Health and Family Welfare & Ors]

    The Centre recently informed a Single Bench comprising Justice Murali Purushothaman that those who have already received two doses of the Covid-19 vaccine cannot be re-vaccinated with a third dose.

    This submission was made during the hearing of a plea seeking administration of third dose of an internationally recognized vaccine for NRIs who had already received two doses of Covaxin, which is not globally recognized for international travel.

    Kerala High Court Permits Minor Girl To Accompany Her Father To Sabarimala Temple [X v. State of Kerala & Ors.]

    The Court passed an interim order permitting a 9-yr-old girl to accompany her father to the Sabarimala temple for darshan.

    A Division Bench comprising Justice Shaji P Chaly and Justice A Badharudeen clarified that children can accompany vaccinated people in all activities they undertake.

    Kerala High Court Permits Interstate Travel From Kerala To Karnataka For Emergency Situations [A.K.M Ashraf v. Union of India]

    The High Court permitted interstate travel from Kerala to Karnataka for emergency situations like death in the family or medical treatment, irrespective of the mode of transportation preferred by the passengers, whether private vehicles or ambulances.

    A Division Bench of Justice Shaji P Chaly and Justice Badharudeen while issuing the interim order posted the matter on 25th August for further consideration.

    Kerala High Court Stays Govt Order Sanctioning Land Acquisition By State Exempting Land Value From Compensation [M/s Chembra Peak Estates Pvt. Ltd. v. State of Kerala & Ors]

    A writ petition has been filed before the High Court challenging the proceedings for land acquisition initiated by a Government Order dated 4th February 2021 by which an administrative sanction has been granted to acquire 102.6 acres of land belonging to the petitioner by merely paying the value of improvements made on the land as compensation.

    Justice Raja Vijayaraghavan V has stayed the operation of the said Government Order and all further proceedings pursuant thereto for four weeks.

    Madhya Pradesh High Court:

    'Every Single Minute Of Court Is Precious': Madhya Pradesh High Court Imposes 50K Cost For Failure To Disclose Pendency Of Appeal Before SC [Lanxess India Pvt. Ltd. v. Madhya Pradesh Pollution Control Board & Anr.]

    The Indore Bench of the High Court imposed a cost of Rs. 50,000 while dismissing a plea as withdrawn in a matter which was already pending before the Apex Court.

    A Division Bench of Justice Sujoy Paul and Justice Anil Verma condemned the petitioner's failure to inform the Court regarding the parallel proceedings in the Supreme Court, and continuing arguments before the High Court on merits.

    Provide Assistance To Transgenders In Preparing ID, Ration & Aadhar Cards: MP High Court Directs MP State Legal Service Authority [Noori v. State Of Madhya Pradesh and others]

    The High Court directed the M.P. State Legal Service Authority to provide assistance to transgender across the State to help them in getting their Identity Cards/Transgender Cards, 'Ration' Cards, and 'Aadhar' Cards prepared.

    The Bench of Chief Justice Mohammad Rafiq and Justice Vijay Kumar Shukla was hearing a PIL Petitioner by a Transgender espousing the cause for the welfare of the people of the Transgender Community.

    Madhya Pradesh High Court Bar Association Resolves To Boycott Justice Rajiv Kumar Dubey's Court

    In its general meeting held, the High Court Bar Association has passed a unanimous resolution calling for an indefinite boycott of the Court of Justice Rajeev Kumar Dubey.

    The resolution has been passed unanimously in the presence of the office-bearers of the three Bar Associations, members of the Madhya Pradesh State Bar Council, and Advocates.

    Madras High Court

    'Release The Caged Parrot' : Madras High Court Directs Centre To Consider Making Separate Law For CBI; Ensure Its Autonomy [Ramanathapuram District Pathikkapattor Sangam v. State of Tamil Nadu]

    The Madurai Bench observed that the Central Bureau of Investigation (CBI) should be made more independent like the Election Commission of India and the Comptroller and Auditor General of India.

    Notably, the Court directed the Central Government to consider bringing a separate Act giving statutory status with more powers and jurisdiction to CBI at the earliest. It may be noted that the CBI is at present constituted as per an executive notification under the Delhi Special Police Establishment Act. The Gauhati High Court, in 2013, had quashed the said notification and held the CBI's formation to be unconstitutional. The Supreme Court stayed the High Court order, which is still continuing.

    'Release The Caged Parrot' : Madras High Court Directs Centre To Consider Making Separate Law For CBI; Ensure Its Autonomy [Ramanathapuram District Pathikkapattor Sangam v. State of Tamil Nadu]

    The Madurai Bench of the High Court observed that the Central Bureau of Investigation (CBI) should be made more independent like the Election Commission of India and the Comptroller and Auditor General of India. Notably, the Court directed the Central Government to consider bringing a separate Act giving statutory status with more powers and jurisdiction to CBI at the earliest. It may be noted that the CBI is at present constituted as per an executive notification under the Delhi Special Police Establishment Act.

    "State Can't Monitor Any Religion's Place Of Worship": Plea In Madras HC Challenges 'TN Hindu Religious & Charitable Endowments Act'

    A plea has been moved before the Court challenging the vires of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959.

    The Bench of Chief Justice Sanjib Banerjee and Justice P. D. Audikesavalu admitted the plea and issued a notice to the State of Tamil Nadu, asking it to file a rejoinder in the matter.

    Madras High Court Pulls Up Police For Non-Responsive Conduct; Says Exaggerated & Stereotyped Allegations Are Commonplace Nowadays [Prabhu & Anr v. State]

    While granting regular/ anticipatory bail to various persons accused in an incident of ransacking the police station, the High Court took judicial notice of the fact that most of the criminal complaints in the State are being registered with exaggerated versions. It noted that almost every complaint in the State is registered with the offence under Section 506(ii) [Criminal Intimidation] IPC, in order to make the case non-bailable.

    Further, the Court noted that a police station is a public place where the citizens can lodge a complain and thus a person's mere presence in the police station at the time of occurrence itself would not make out a case against that individual.

    Commercial Courts Act- Section 12-A On Pre-Institution Mediation and Settlement Is Not A Mandatory Provision: Madras High Court

    The High Court recently held that Section 12-A of the Commercial Courts Act, isnot a mandatory provision.

    The Court delved into a thorough analysis of the provisions under Section 12-A on Pre-Institution Mediation and Settlement. It further analyzed the Rule 3(1) and 3(7) of the Commercial Courts Act, 2015 (Pre-Institution Mediation and Settlement) Rules, 2018.

    'Relationship Protected And Permitted By Constitution': Madras High Court Reunites Transman And Woman Forcibly Separated By Woman's Father [M.Kavin Thamizh v. The Inspector of Police]

    The Madurai bench reunited a transman and his lover by directing the release of his 23 year old lover, Revathi, from the unlawful custody of her father.

    The Court was adjudicating upon a habeas corpus petition moved by the petitioner transman alleging illegal detention and confinement of his lover Revathi and accordingly sought the Court's leave to set his lover at liberty.

    Masters In Law, Enrolment As Advocate Not Required For Teaching 'Pre-Law Courses' At Govt Law Colleges: Madras High Court [V Lekha v. The Chairman, UGC]

    The Court held that the notification issued by the Teachers Recruitment Board mandating candidates to be enrolled as an advocate and to possess a master's degree in law (ML degree) in order to be qualified for appointment as Assistant Professors for pre-Law courses in Government law colleges is irrational and illegal.

    The Court was adjudicating upon a batch of petitions wherein the petitioners contended that such 'non-essential qualifications' have absolutely no value addition to their appointments as they are to be recruited only for teaching pre-law courses in the subject concerned.

    Orissa High Court

    Orissa High Court Lauds Prompt Efforts Taken By District Administration For Providing Facilities To Leprosy Patients In State [Sri Bipin Bihari Pradhan v. State of Odisha and others]

    The High Court has appreciated the prompt efforts taken by the district administration, Balasore for providing facilities to the inmates living in Leprosy home and requiring urgent medical attention.

    Chief Justice S Muralidhar and Justice B.P. Routray was dealing with a PIL seeking directions to the State authorities for effective implementation of the National Leprosy Eradication Programme (NLEP) and also to appoint a high level committee to submit a report, thereby enabling the Court to issue directions on composite post management treatment and eradication of leprosy form the State.

    Punjab and Haryana High Court

    "Entered Into An Unholy Alliance": P&H HC Dismisses Married Woman's Protection Plea Having Live In Relationship With Another Man [Simranjeet Kaur and another v. State of Haryana and others]

    The High Court has dismissed a protection plea filed by a woman, married and having a child from the wedlock, living in a live in relationship with another man after observing that she entered into an unholy alliance with him.

    The couple had approached the High Court seeking protection of their life and liberty at the hands of woman's husband and family members opposing their live in relationship.

    Punjab & Haryana High Court Takes Cognizance Of Criminal Cases Pending Against MPs/MLAs

    In compliance of the order passed by the Supreme Court, a Suo Moto Case with the title "In Re: Special Courts for MPs/MLAs" has been registered to monitor the progress of the cases pending in the States of Punjab, Haryana and the Union Territoriy Chandigarh against sitting and former legislators.

    The Court has issued notice to State of Punjab through its Chief Secretary, State of Haryana through its Chief Secretary and Union of India through Secretary of Department of Home, New Delhi & UT Chandigarh through its Home Secretary. A designated bench headed b Justice Rajan Gupta has been designated to monitor the progress of the trials of the said cases.

    Tripura High Court

    Khowai PS Incident: Tripura High Court Issues Notice On TMC's Plea For Quashing FIR; No Stay On Probe

    The Court issued notice to the State Government on a plea filed by Trinamool Congress General Secretary Abhishek Banerjee, MP Dola Sen, West Bengal Minister Bratya Basu, and 3 others seeking quashing of FIR registered against them on a suo-moto complaint (Khowai Police Station Incident).

    In the meantime, the Bench of Chief Justice Akil Kureshi directed that the investigation may go on the case, however, a final report shall not be filed without the leave of the Court.

    State May Make Aggressive Efforts For Administration Of Second Dose Of Covid-19 Vaccine To All Eligible: Tripura High Court

    The High Court has suggested the State Government may make more aggressive efforts to administer the second dose of Covid-19 vaccine to all eligible people.

    A Division Bench of Chief Justice Akhil Kureshi and Justice S.G. Chattopadhyay observed that the State administration needs to make greater efforts to ensure coverage of the remaining population, who have not received even the first dose. However, administration of second dose of vaccine to those who have already received the first shot must also receive the same amount of attention, it said.

    Next Story