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High Courts Weekly Round Up [August 2, 2021 – August 7, 2021]
LIVELAW NEWS NETWORK
8 Aug 2021 9:51 PM IST
![High Courts Weekly Round Up [August 2, 2021 – August 7, 2021]](https://www.livelaw.in/h-upload/images/750x450_hc-round-up.jpg "High Courts Weekly Round Up [August 2, 2021 – August 7, 2021]")
Allahabad High Court "Live-In Relation Can't Be At Cost Of Country's Social Fabric": Allahabad HC Imposes 5K Cost On Married Woman Living With Partner (Smt. Aneera & Anr v. State of Uttar Pradesh) Observing that live-in-relationship cannot be at the cost of the social fabric of this Country¸the High Court recently dismissed the protection plea of a married woman living with...
Allahabad High Court
"Live-In Relation Can't Be At Cost Of Country's Social Fabric": Allahabad HC Imposes 5K Cost On Married Woman Living With Partner (Smt. Aneera & Anr v. State of Uttar Pradesh)
Observing that live-in-relationship cannot be at the cost of the social fabric of this Country¸the High Court recently dismissed the protection plea of a married woman living with her partner with an exemplary cost of Rs.5,000. Calling her live-in relationship with her partner an illicit relationship, the Bench of Justice Dr. Kaushal Jayendra Thaker and Justice Subhash Chand observed thus: "Directing the police to grant protection to them may indirectly give our assent to such illicit relations."
Need To Address Male 'Chauvinism' That Women Are 'Enjoyment Object': Allahabad HC Bats For Specific Law On 'Sex On False Promise Of Marriage' (Harshvardhan Yadav v. State Of UP And Another)
The High Court observed that it is necessary for the legislature to provide a clear and specific legal framework to deal with the cases where the accused obtains consent for sexual intercourse on the false promise of marriage.
"This feudal mind set and male 'chauhanism' (Chauvinism) that women are nothing but an object of enjoyment is required to be rigorously addressed and strictly dealt with in order to create a healthier society and to increase a sense of security and protection in the mind of women," the Bench of Justice Pradeep Kumar Srivastava observed.
"No Real Threat; Seeking Security To Flaunt His VIP Status": Allahabad HC Dismisses Lawyer's Plea Seeking Personal Security (Smt Aalia v. State of U.P)
The High Court dismissed his plea challenging State Government's order refusing to provide him personal security. The Bench of Justice D. K Singh was hearing the plea of a practicing lawyer of District Lucknow who claimed that due to the nature of work being performed by him, he receives continuous threats to his life and property and thus he should be provided with personal security. The bench observed that the lawyer-petitioner was seeking security as an authority of symbol to flaunt his status a VIP with no real threat in existence.
The High Court called it a strange case that on account of just two pending criminal cases against a lady, the Gangster Act [The Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986] was slapped on her.
The Bench of Justice Vivek Kumar Singh sought a personal affidavit from the District Magistrate, Kanpur Nagar explaining as to under what circumstances a lady (the applicant) against whom only two cases are pending has been made a criminal under the Gangster Act.
POCSO Offences- "Victim's Parent/Guardian Should Be Notified Of Bail Plea & Their Right To Legal Assistance": Allahabad High Court (Rohit v. State Of U.P. Thru. Secy. Home Lko.)
In an important ruling, the High Court has directed that the notice of the filing of the bail application in every POCSO case shall be given to the Parent/Guardian of the child victim or complainant, to be served through Investigating Officer/S.H.O. of the Police Station concerned. The Bench of Justice Vivek Chaudhary also made it mandatory for the Investigating Officer/S.H.O. of the Police Station concerned to also include, in the notice, the details regarding the right to legal assistance in Hindi language so as to enable them to take assistance from the Legal Services Authority.
Other Developments:
Bombay High Court
The High Court observed that the accused in the Bhima Koregaon – Elgar Parishad Case resisting their transfer out of Taloja Prison, despite repeatedly complaining about the prison authorities there, is confusing and paradoxical. "So many complaints that jail authorities there are not providing basic things, food and medicines. So now when they want to transfer, you don't want it? …The complaints against the prison officials and now these prayers not to be transferred appear to be paradoxical," Justice Shinde leading the bench said.
The bench refused to stay the transfer orders without hearing the State and adjourned the matter. The court was seized with one plea filed by the kin of accused Dalit scholar Anand Teltumbde, civil rights lawyer Surendra Gadling and activist Sudhir Dhawale's friend. Tribal rights activist Mahesh Raut has filed the second plea.
Bombay High Court Dismisses Raj Kundra's Plea Challenging his Remand Order in Porn Racket Case (Ryan John Michael Thorpe v. The State of Maharashtra)
The High Court on dismissed the petitions filed by Raj Kundra and his associate Ryan Thorpe challenging remand orders passed by the Metropolitan Magistrate in the alleged porn film racket, therefore seeking release from custody. Justice AS Gadkari, while pronounced the order, said: "the remand to custody by the Metropolitan Magistrate is within conformity of law and does not require any interference."
The petitions essentially alleged illegal arrest for non-compliance of Section 41 A of the Criminal Procedure Code, which deals with a notice to appear before the investigating officer when an accused is booked for offences punishable with up to seven years imprisonment.
Kin of three accused in the Bhima Koregaon – Elgar Parishad Case have approached the High Court challenging three orders to transfer ten accused out of Taloja Central Prison to any other prison in Maharashtra.
The petition states that Special NIA Judge DE Kothalikar's orders, repeatedly permitting their transfers without issuing a notice, giving a hearing to them or recording reasons, violates principles of natural justice. Moreover, the petition accuses Taloja's previous Superintendent - Kaustubh Kurlekar - of initiating the transfers as an act of 'victimisation' for demanding their 'rights' prescribed under The Prisons Act, 1894.
UAPA - Extension Of Detention Under Section 43D(2) Not Vitiated For Not Serving Prosecutor's Report On Accused : Bombay High Court (Sanjay Gangaram Avathare v. The State of Maharashtra)
The High Court has held that when seeking extension of detention under Section 43(D) of the UAPA, the fulfilment of the mandatory requirements is required in substance and not strictly in form. Justice Manish Pitale noted that substance would take precedence over form while deciding whether the mandatory requirements under the said provisions have been satisfied.
The applicant-accused was assailing two orders of the Sessions Judge- first, extending detention beyond ninety days under Section 43-D(2) of the Unlawful Activities (Prevention) Act, 1967; and second, rejecting the default bail of the applicant under Section 167(2) of the Cr.P.C. Under UAPA, the maximum period of filling the charge sheet is 180 days as Section 167(2) of CrPC is to be read together with Section 43D(2)(b) of UAPA. Accordingly, this proviso confers power upon the Court to extend the period up to 180 days.
The High Court asked the Municipal Corporation of Greater Bombay to file a short affidavit regarding the number of bedridden and immobile individuals who have been vaccinated since such a drive to vaccinated them started. The Bench of Chief Justice Dipankar Dutta and Justice G. S. Kulkarni ordered thus while persuing the "State Policy for Covid-19 Vaccination for Bedridden and Immobile Individuals".
Former Mumbai Police Commissioner Param Bir Singh has moved the High Court against the orders issued by the one member High Level Inquiry Committee headed by Justice KU Chandiwal, constituted by the State of Maharashtra. The Maharashtra Government had on March 30th appointed former Bombay High Court Judge, KU Chandiwal to conduct a high-level judicial inquiry into corruption allegations against State Home Minister Anil Deshmukh and submit a report within six months.
The plea has sought declaration that the scope entrusted upon Inquiry Committee by the Government stands adjudicated upon and nothing survives to be inquired into by the Committee.
Local Train Travel Essential For Mumbai People' : Bombay High Court Urges State To Reconsider Curbs (Chirag Rajiv Chanani & Ors v. Union of India)
The High Court stressed on the importance of local train travel for citizens to earn their livelihood in a city like Mumbai. It urged the State to consider forming an expert committee to look into citizens' commute woes. A division bench of Chief Justice Dipankar Datta and Justice GS Kulkarni observed there was no logic in allowing one group but not another after being informed that journalists are still not allowed to take the Mumbai local.
Other Developments:
Calcutta High Court
Permanent Wound On Environment': Calcutta High Court Directs Man To Pay Rs 40 Crore Penalty For Axing 62 Trees (Soumitra Kanti Dey v. State of West Bengal and Anr.)
The High Court directed one Soumitra Kanti Dey to pay a penalty amount of Rs 40 crores and also plant 100 trees for illegally cutting down nearly 62 trees on a premises, under the garb of removing stagnated water.
"The cutting of trees has nothing to do with the removal of accumulated water. Yet under the garb of removing water, as many as 62 (sixty two) trees have been cut," the Court observed at the outset.
The order was additionally passed against the real estate group Emaar India Limited, owner of the land in question, which appeared to have intended to construct a seven star hotel at the location.
A Writ Court Is Required To Intervene Even At A Suggestion Of Any Plan Or Attempt To Take Away The Liberty Of A Person:Calcutta HC (Mr. Rakhal Bera v. The State of West Bengal & Ors.)
The High Court granted bail to BJP MLA Suvendu Adhikari's aide Rakhal Bera who had earlier been arrested for his alleged participation in a job racket where he had allegedly promised a job in the State Irrigation Department in lieu of 2 lakh rupees back in 2019. Leader of the Opposition Suvendu Adhikari was then the Minister of Transport, Irrigation and Water Resource in West Bengal.
While granting bail to the petitioner, Justice Rajasekhar Matha observed,
"There appears to be a pattern being followed by police in coordination with one another in attempting to keep the petitioner in custody by hook or crook on one pretext or the other and by registering one FIR after the other"
Section 9 Arbitration Act Will Apply To Foreign Arbitration Unless Expressly Excluded By Parties In Arbitration Agreement: Calcutta HC (Medima LLC v. Balasore Alloys Limited)
The High Court held that choosing foreign law to govern an arbitration would not in itself exclude the application of Section 9 of the Arbitration and Conciliation Act, 1996 (Act) unless parties specifically exclude its application in the arbitration agreement. Section 9 permits parties to approach Indian courts for interim protection or reliefs.
Justice Moushumi Bhattacharya was adjudicating upon a plea wherein the issue before the Court was whether the 'governing law' clause contained in the agreement for referring disputes between the petitioner and the respondent to arbitration before the International Chamber of Commerce (ICC) excludes the operation of section 9 of the Act.
Detention Period Long Over': Calcutta High Court Allows Bangladeshi Woman To Be Repatriated By Air (Lovely Akter v. Union of India)
The High Court permitted the deportation of a Bangladeshi national back to her native country after taking into consideration that she had been languishing in a correctional home even after the completion of her detention period. The petitioner had filed the instant petition seeking the Court's leave for repatriation after a representation to this effect was declined by the Central government.
Rose Valley Chit Fund Scam: Calcutta High Court Grants Interim Bail To Chairman Gautam Kundu To Meet Minor Child And Ailing Mother (In Re: Application Under Section 439 CrPC)
The High Court granted interim bail to Gautam Kundu, the former Chairman of the Rose Valley group of companies who had been arrested in connection with the alleged multi-crore chit fund scam that is currently being investigated by the Enforcement Directorate (ED) and the Central Bureau of Investigation. An application under Section 439 of CrPC had been moved by Kundu seeking interim bail for 7 days in order to look after his minor child and ailing mother.
Other Developments:
West Bengal Post Poll Violence- Calcutta High Court Reserves Judgment
Chhattisgarh High Court
Human Rights Commissions Can Only Recommend And Not Direct Payment of Compensation: Chhattisgarh High Court (Dr. Girdhari Lal Chandrakar v. State of Chhattisgarh)
The High Court held that the Human Rights Commissions are a recommendatory body and has no jurisdiction to pass an order directing payment of compensation. Justice Sanjay K. Agarwal held that Section 18 of the Protection of Human Rights Act of 1993 only empowers the Commission to recommend and not adjudicate.
"It has no adjudicatory jurisdiction, and the Government/its authority has an obligation to consider the recommendation of the Commission in accordance with the law." the Court added.
Delhi High Court
The High Court allowed the medical termination of pregnancy of a woman who had completed 22 weeks of gestation period on account of suffering from multiple abnormalities. A single judge bench comprising of Justice Rekha Palli perused the report of the 9 member expert medical board constituted by AIIMS to ascertain the feasibility of the woman undergoing medical termination of pregnancy.
Christian Couple Wrongly Adopts Under Hindu Adoption Act; Delhi High Court Declares Them 'Adoptive Parents' As They Took Good Care Of Child (JS &Anr v. Central Adoption Authority & Anr)
The High Court has given relief to a Christian couple who had looked after a child for six years from her birth, although they had not followed the legal route for adoption. The couple, who were childless, had adopted the child through an adoption deed executed under the Hindu Adoption and Maintenance Act, despite the fact the said Act is not applicable to Christians. They said that they executed the adoption deed under a "wrong legal advice".
"Publicity Interest Litigation, No Research": Delhi High Court Dismisses Plea To Replace EVMs With Ballot Papers With Rs. 10K Cost (CR Jaya Sukin v. ECI & Ors)
The High Court has dismissed with Rs. 10,000 cost a plea seeking directions on the Election Commission of India to stop using electronic voting machines (EVMs) and use ballot papers instead, in all forthcoming elections. A division bench comprising of Chief Justice DN Patel and Justice Jyoti Singh dismissed the petition filed by Advocate CR Jaya Sukin after observing that it was filed without doing any research or having any concrete finding regarding the functioning of EVMs.
Newly-Wedded Couple Seperated By Wife's Family: Delhi HC Reunites Couple, Directs Police To Escort Her Back To Delhi (Nitin Sharma v. State (NCT) of Delhi & Ors)
While dealing with a habeas corpus petition filed on behalf of a husband alleging that his wife was illegally detained in Uttar Pradesh's Etah District after her parents seperated them, the High Court directed the Uttar Pradesh Police to depute a lady constable to company his wife along with a constable of Delhi Police to escort her back to Delhi and also to coordinate and reunite her with him. A division bench comprising of Justice Anup J Bhambhani and Justice Siddharth Mridul interacted with the woman via video conferencing and noted her "clear and unequivocal intention and desire to return to Delhi" to be reunited with her husband in order to reside in her matrimonial home.
Cognizance Of Section 138 NI Act Offence By Magistrate Will Not Automatically Result In Decree In Civil Suit For Cheque Dishonour : Delhi High Court (Sarvesh Bisaria v. Anand Nirog Dham Hospital Pvt. Ltd. & Ors)
The High Court has held that if the Metropolitan Magistrate takes cognizance of an offense under Section 138 of the Negotiable Instrument Act, 1881, it is not that a decree against the respondent/defendant will follow automatically. The Court rejected the argument that that mere cognizance of an offence by a MM in Section 138 NI Act proceedings should automatically lead to passing of a decree in a civil suit based on the very cheques
The High Court recently granted Anticipatory Bail to a woman who has been accused of sexually assaulting a 6 year old boy and thus, she was booked under Section 377 IPC and Section 6 of the POCSO Act. The Bench of Justice Rajnish Bhatnagar granted her the bail noting that she has already joined the investigation and nothing remains to be recovered from her and so, no custodial interrogation is required.
Online Crowd Funding Platform For Treatment Of Rare Diseases Made Operational: Centre Tells Delhi High Court (Master Arnesh Shaw v. Union of India & Anr.)
The Central Government informed the High Court that it has set up and made operational an online crowdfunding platform for collecting funds for treatment of children suffering from rare diseases. The development comes pursuant to a direction made to the Government by Justice Rekha Palli last month, for immediately launching a dedicated online platform for the purpose. "Why is the platform not functional? Little children cannot be abandoned. It's not fair," the Judge had said.
Part-Time Vocational Teacher Entitled To Payment Of Gratuity, Act Draws No Distinction Between Categories Of Employees: Delhi High Court (Janardan Sharma v. GNCT of Delhi Through Its' Chief Secretary & Ors.)
The High Court has observed that a part time vocational teacher working with the Delhi Government is entitled to gratuity under the Payment of Gratuity Act and that the said legislation draws no distinction between various categories of employees including a full time, ad hoc or a part time employee.
A single judge bench comprising of Justice V. Kameswar Rao was dealing with a petition filed by a man employed as a part time vocational in the banking course by Directorate of Education, Delhi Government in the year 1991.
Other Developments:
No Death Caused Due To Oxygen Shortage In Jaipur Golden Hospital': Delhi Police Tells Court
Delhi High Court Seeks Centre's Reply To Pleas Challenging IT Rules 2021 By August 20
Delhi High Court Seeks Centre's Response In Plea Seeking Strict Compliance Of Manual Scavenging Law
Gujarat High Court
Gujarat High Court Decides To Resume Physical Functioning From August 17, SOP To Be Released Shortly
The Court has issued a notification informing that it has decided to resume the physical functioning of the Court from August 17, 2021. The Notification also states that the Standard Operating Procedures in this regard will be released shortly after deliberation with all stakeholders.
"Her Raising Voice To Interpret Constitution In Own Way Doesn't Amount To Sedition": Gujarat HC Grants Bail To 'Pathalgadi' Leader [Babita Sukar Kashyap v. State Of Gujarat]
The Court granted bail to Pathalgadi Movement leader Babita Kachhap (Kashyap) who was arrested by the Gujarat Anti Terrorist Squad (ATS) in July last year over her involvement in an alleged campaign to support the "Pathalgadi movement".
Justice S. H. Vora noted that the prosecution couldn't point out a single event to show that any disturbance had been caused or public in general was affected in their normal activities on account of Babita's involvement with the movement.
"Whether 'Gujarat Land Grabbing Act' Allowing Invoking Of 'PASA Act' Being Misused?": Gujarat HC Seeks State Govt. Response [Jagdishbhai Maheta v. State of Gujarat]
The Court questioned the State Government as to whether the amendment in the Gujarat Land Grabbing (Prohibition) Act, allowing the invoking of the Prevention of Anti-social Activities Act (PASA) is being misused by the Executive.
Justice Paresh Upadhyay noted in its order: "This Court finds that a wider issue has cropped up, as to whether the object sought to be achieved by the government, with the introduction of this amendment, is achieved or is being misused by the executive. On this point, the response from the state government and the Home department is requested."
The Court issued notice to the Gujarat State Government challenging the vires of the Gujarat Freedom of religion Act, 2003 as amended by the Gujarat Freedom of Religion (Amendment) Act, 2021 noting that it is for the married couple to decide which Religion to follow (in case of inter-religious marriage).
"Whether You Take Care Of Citizens Like You Care For Cows?: Gujarat High Court Seeks DM's Reply [Aspak Hanifbhai Panja (Patni) Through Anis Hanifbhai Panja (Patni) v. State Of Gujarat]
The Court asked the District Magistrate, Gir-Somnath as to whether the care which is claimed to have been taken on behalf of the State for gauvansh, similar care is being taken for citizens in the area under his jurisdiction?
The Bench of Justice Paresh Upadhyay was hearing a plea challenging the detention order passed by DM under the Gujarat Prevention of Anti Social Activities Act, 1985 as he alleged tied up cattle in such a way that they could not drink water.
Himachal Pradesh High Court
"What Action Taken To Rehabilitate Children Orphaned Due To COVID?": Himachal Pradesh High Court Asks State Govt [Court on its own motion CWPIL No.3 of 2020]
The Court asked the State Government to place on record the action proposed to be taken in order to help or rehabilitate the children who have been orphaned or who have lost one parent due to COVID.
The Bench of Acting Chief Justice Ravi Malimath and Justice Jyotsna Rewal Dua asked the State Government to take 'more stringent measures for tackling the COVID situation.
Also Read: Himachal Pradesh High Court Holds Reference To Condole Death Of Advocates Due To COVID
"People Either Ignore Mental Illness Or Go For Religious Remedies": HP High Court Grants Bail To Mentally Ill Rape Accused [Ajay Kumar v. State of H.P.]
The Court recently granted bail to a Rape accused who is suffering from serious mental illness noting that he can't be left in this stage in the prison. Justice Anoop Chitkara was hearing the plea of a man facing incarceration upon his arrest for alluring and raping a minor girl.
Importantly, the Court also observed thus: "…there is a tendency amongst the people and the society not to treat the mental problems as illness and, thus, either ignore it or go for religious remedies."
Jammu & Kashmir High Court
Jammu & Kashmir: High Court DB Stays Single Judge Order Stopping Fresh Appointment Of Law Officers [Union Territory of Jammu and Kashmir and Others v. Sushil Chandel]
A Division Bench of the Court has stayed the interim order passed by a single-judge, staying fresh appointment of Law Officers (other than the Advocate General) in the Union Territory.
Chief Justice Pankaj Mithal and Justice Puneet Gupta remarked that the single-judge transgressed the limits of judicial review in passing the impugned stay order.
The Ladakh High Court has sought the pointed reply of the Jammu & Kashmir Government on the provisions of law under which, the news portals, if at all are required to be registered or licensed
Chief Justice Pankaj Mithal and Justice Sanjay Dhar was hearing the plea filed by NGO, Jammu and Kashmir Peoples Forum highlighting the mushrooming growth of news agencies on social media especially the news portals which are allegedly involved in circulating fake news.
Jharkhand High Court
Judge Uttam Anand Death Case Goes To CBI : Jharkhand High Court Accepts State's Recommendation [Court On Its Own Motion v. The State of Jharkhand]
Accepting the recommendation made by the Jharkhand Government, the Court directed the Central Bureau of Investigation (CBI) to take over the probe into the death case of Dhanbad district judge Uttam Anand at the earliest. A Division Bench of Chief Justice Dr Ravi Ranjan and Justice Sujit Narayan Prasad gave this direction during the hearing of the case.
Judge Uttam Anand Death- 'Feeding Particular Questions To Get Particular Answers Isn't Appreciated': Jharkhand HC Pulls Up IO, SIT Head [Court On Its Own Motion v. The State of Jharkhand]
The High Court, while accepting the recommendations of the State Government and transferring the investigation of the Dhanbad Judge death case to the Central Bureau of Investigation, raised several pertinent questions to the Investigating Agency.
A bench of Chief Justice Ravi Ranjan and Justice Sujit Narayan Prasad perused the affidavit filed by the DGP and head of the Special Investigation Team.
Karnataka High Court
'In Consonance With Article 15(3)': Karnataka High Court Upholds Land Reservation For Construction Of Girls' Hostel[Pramoda & Ors. v. State of Karnataka]
The Court recently upheld the decision of the Deputy Commissioner of Udupi District by which it had reserved two land parcels for construction of a girls' hostel for students after matriculation. A division bench of Justices BV Nagarathna and P Krishna Bhat, observed:
"At the outset, we think that the object and purpose for which reservation of the two parcels of land have been made vide order of the second respondent dated 30/03/2021, is a purpose which is in consonance under Article 15(3) of the Constitution of India, in as much as it is for the purpose of purpose of providing residence to girl students, who wish to pursue their studies beyond matriculation. Therefore, we cannot find fault with regard to the purpose for which the reservation has been made."
The Court has disposed of a petition against allotment of Government reserved beds at private hospitals to such Covid-19 patients who are already covered by medical insurance. It has directed the State Government toconsider the submissions made by the Petitioner while chalking out a plan for combating potential third wave of Covid-19.
"In the PIL concerning Covid-19, the court has directed the state to come out with a vision plan, indicating state of preparedness to face possible third wave. While preparing the vision plan, the state will take into considerationthe submission made by the petitioner and consider issuing appropriate directions to the private hospitals," the Court ordered.
An ongoing door to door survey conducted by the Rural Development and Panchayat Raj Department of all the children in the age group of 0 to 18 years, has found that 1,26,245 children in the age group of 03 to 06 years in rural areas are not going to school. It is recorded that 33,344 children in the age group of 6 to 18 years are not going to school and 9,716 children are not enrolled in any school.
The report dated 26th July was submitted to the High Court, stating that in urban areas, apart from Bengaluru city,8,781 children in the age group of 6-18 years are not going to school. Further, the tentative data indicates that around 4800 children in urban areas have not enrolled in any school.
Create Proper Machinery To Address Monkey Menace: Karnataka High Court Tells State, BBMP
The Court directed that the state government and Bruhat Bengaluru Mahanagara Pallike (BBMP) officials should convene a meeting in presence of chief wildlife warden, for creating of proper machinery for immediately acting upon complaints about monkey menace and for rescuing and relocating monkeys in a scientific manner without causing any harm to them.
In its report, the state has informed that from 2018 till now, a total of 56 cases of problematic monkeys have been recorded within Bengaluru Urban Division. The court, going through the details of permissions granted for capturing monkeys, found that private persons were allowed to capture and relocate such monkeys.
Also Read: 56 Cases Of Problematic Monkeys Recorded In Bengaluru Urban Division, Karnataka High Court Told
The Court issued notice to Former Chief Minister B S Yediyurappa, his son and others on a petition filed seeking probe in a corruption case.
Justice Sunil Dutt Yadav issued notice to the respondents on a petition filed by a social activist, TJ Abraham. The matter will be next heard on August 17.
The State Government informed the Court that in the principle it has been decided to release an amount of Rs 4 crore by way of financial assistance to the members of the Bar.
Advocate V Sreenidhi appearing for the government said : "In principle, approval has been granted for releasing an amount of Rs 4 crore for members of the bar, once the cabinet of ministers is formed the approval will be granted."
Justice B V Nagarathna and Justice P Krishna Bhat directed the state government to place on the record by next date of hearing, district-wise break up of teaching and non-teaching staff of government and aided schools who have been vaccinated. The bench orally said vaccination would be the first step before deciding upon the reopening of schools. However, it clarified that it cannot direct the state government to open schools on a certain date.
Karnataka High Court Extends All Interim Orders Passed Till August 23 Considering Pandemic Situation
The Court has extended the interim orders passed by the Court (Principal Seat and Benches at Dharwad and Kalaburagi), all the District Courts, Civil Courts, Family Courts, Labour Courts, Industrial Tribunals and all other Tribunals in the State over which the Court has the power of superintendence which are due to expire, to continue to operate till August 23.
A division bench of Chief Justice Abhay Oka and Justice Aravind Kumar said as follows:"It is true that the number of positive cases of COVID-19 in the State have drastically come down. To avoid any rush to the Courts for extension of the interim orders, we propose to extend all the interim orders perhaps, for the last time. Accordingly, we direct that the interim directions issued on 16th April 2021 and 22nd April 2021, which were extended from time to time shall continue to operate till 23rd August 2021."
A division bench of Chief Justice Abhay Oka and Justice N S Sanjay Gowda directed the Registrar General to contact the Commissioner of Technical Education in order to complete the formalities for taking over possession of the said two rooms. The court said the same should be done within a period of three weeks.
The Court in a significant judgment upheld that marital rape, although not penalized in India, is a good ground to claim divorce while dismissing a set of two appeals filed by a husband challenging the decision of the Family Court.
A Division Bench of Justice A. Muhamed Mustaque and Justice Kauser Edappagath while empathizing with the situation of the woman observed that "a husband's licentious disposition disregarding the autonomy of the wife is marital rape, albeit such conduct cannot be penalized, it falls in the frame of physical and mental cruelty."
Also Read: Secular Law For Marriage And Divorce is The Need Of The Hour: Kerala High Court
Also Read: 'Marital Rape A Valid Ground For Divorce': 15 Key Observations Of Kerala High Court-Read Judgment
[CLAT 2021] NLU Consortium Permits Candidates To Participate In Counselling Provisionally Without Payment Of Fee: Kerala HC Disposes Of Plea [Sivapriya Ajith v. Union of India and Ors.]
The Consortium of National Law Universities informed the Court that as per the directions of the Court, its Grievance Redressal Committee had permitted several candidates to provisionally participate in the Counselling process for admission to NLUs without paying the Rs. 50,000 deposit.
Justice Anu Sivaraman disposed of the matter noting that that the Consortium had responded expeditiously to the grievances raised by the petitioners and other similarly placed candidates
Penetrative Sexual Act Between The Thighs Of Victim Held Together Is Rape As Defined U/S 375 IPC: Kerala High Court [Santhosh v. State of Kerala]
The Court held that when the body of the victim is manipulated to simulate a sensation akin to penetration of an orifice, the offence of rape is attracted.
A Division Bench of Justice K. Vinod Chandran and Justice Ziyad Rahman A.A observed as such: "...we have no doubt in our mind that when the body of the victim is manipulated to hold the legs together for the purpose of simulating a sensation akin to penetration of an orifice; the offence of rape is attracted. When penetration is thus made in between the thighs so held together, it would certainly amount to "rape" as defined under Section 375."
Article 25 Does Not Provide Any Immunity From Taxation On The Basis Of Religion, Salaries Of Nuns and Priests Working As Teachers Liable To TDS: Kerala High Court [Provincial Superior, Nirmal Rani Provincial House v. Union of India]
The Court ruled that salaries paid to nuns and priests of religious congregations, working as teachers in educations institutions are liable for tax deduction at the source while dismissing a batch of nearly 50 writ appeals.
A Division Bench of Justice SV Bhatti and Justice Bechu Kurian Thomas upheld the rider of a Single Bench and observed that such deduction of tax does not violate freedom of religion under Article 25 of the Constitution.
COVID-19: Kerala High Court Extends Interim Orders Till 27th August In View Of Upcoming Vacation [Suo Motu v. State of Kerala]
A full bench of the Court extended the validity of interim orders till 27th August considering the difficulties lawyers may have to face if the stay on orders is vacated before the upcoming vacation.
Chief Justice S Manikumar, Justice C.T Ravikumar, and Justice Shaji P Chaly while disposing of the suo motu petition held that during the intervening period between 24th till 27th August, the parties are entitled to seek vacation of the stay granted by this order.
Covaxin Not Recognized Globally: Kerala High Court Issues Notice On Plea Seeking Booster Dose To Facilitate International Travel [Girikumar Thekan Kuunumpurath v. Ministry of Health and Family Welfare & Ors]
The Court issued notice on 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. Advocate Manas P Hameed appeared on behalf of the petitioner.
The plea urged that it was time to explore mixed doses of COVID 19 vaccines. Moreover, it was prayed that a direction may be issued to the respondents to notify the public regarding the non-approval of Covaxin by the WHO and other countries.
Also Read: Plea Challenging Liberalised Vaccination Policy: Kerala High Court Seeks Centre's Response
Lakshadweep Entry Permit Can't Be Rejected Without Hearing Applicant : Kerala High Court Directs ADM To Take Fresh Decision On MP's Application [TN Prathapan & Anr v. Union of India & Ors.]
The Court recently directed the Additional District Magistrate Collector S Asker Ali to take a fresh decision in the matter of granting entry permits to Lakshadweep to the petitioner-MPs within one month.
Justice P.B Suresh Kumar also noted that an application for an entry permit cannot be rejected without giving the applicants a reasonable opportunity to present their case.
ISRO Espionage Case: Kerala High Court Grants One Week Interim Anticipatory Bail To Accused
The Court granted interim anticipatory bail to all the applicants, accused in the ISRO espionage case, for a period of one week. It emphasized that this does not preclude them from cooperating with the investigation.
In a hearing that lasted over three hours, Justice Ashok Menon heard the anticipatory bail applications moved by several former investigating officers accused of conspiring against framing former ISRO scientist Nambi Narayan in the ISRO espionage case. The Judge will proceed with the hearing on 11th August.
'Trade Not More Important Than Health': Kerala High Court Dismisses Plea Seeking Withdrawal Of Weekend Lockdown In State [A Hameed Hajee v. State of Kerala]
Ruling that trade is not more important than health, the High Court recently dismissed a petition seeking withdrawal of the weekend lockdowns imposed in the State amid the pandemic.
Chief Justice S Manikumar and Justice Shaji P Chaly observed that the prayers sought for by the petitioners would be contrary to the directions issued by the Supreme Court.
'An Attempt To Scuttle Due Process Of Law': CBI Objects Former Gujarat DGP RB Sreekumar's Bail Plea In ISRO Espionage Case [R.B. Sreekumar v. CBI]
The Central Bureau of Investigation has taken strong objection to the anticipatory bail application preferred by the retired Gujarat DGP RB Sreekumar before the Court. The objection was filed through Assistant Solicitor General of India, P Vijayakumar.
Calling the bail petition 'premature' and 'not sustainable', the CBI argued that the sole motive of filing the same was to get away from clutches of law.
Kerala High Court Provides A Second Chance To Nursing Students Unable To Give Offline Exam Due To Covid Attributable Reasons [Azna Beevi & Anr. v. State of Kerala & Ors.]
The Court ruled that nursing students who are unable to attend the offline examinations on account of reasons directly attributable to the Covid – 19 pandemic will be permitted to write the examinations at the next chance and that this second chance will be treated as their first attempt.
Justice Anu Sivaraman remarked so while hearing a petition filed by two B.Sc Nursing students challenging the decision of Kerala University of Health Sciences to proceed with offline examinations amid the pandemic.
Don't Publish Entrance Exams Results For Professional Courses : Kerala High Court Passes Interim Order On CBSE/ICSE Students' Plea [Salvia Hussain (Minor) and others v. State of Kerala & Ors.]
The Court directed the Commissioner for Entrance Examinations to refrain from publishing the rank list before disposal of the petition that sought to admit students to professional courses and other streams based solely on the basis of their scores in the entrance exams rather than considering the results of the Grade XII examinations.
Justice P. B Suresh Kumar issued this interim order while listing the matter for further consideration to next week.
Dogs Are Not Ferocious By Nature, They Are Made So By Circumstances: Kerala High Court Remarks While Directing Action To Rehabilitate Community Dogs [In Re Bruno v. State]
The Court while hearing a matter of stray dogs being poisoned to death in Thrikkakara Municipality of the State, remarked that dogs are not dangerous by nature and that they are made so by circumstances.
A Division Bench of Justice AK Jayakrishnan Nambiar and Justice P Gopinath responded so when the counsel for the Municipality submitted that it has been receiving frequent complaints about the community dogs posing a threat to its residents.
E-Way Bill Not Required For Transportation Of Used Personal Vehicle : Kerala High Court [Assistant State Tax Officer (Intelligence) v. VST & Sons]
The Court while dismissing an appeal ruled that used personal cars are exempted from the requirement of an e-way bill under Rule 138(14)(a) of the Kerala Goods and Services Tax Rules, 2017.
A Division Bench of Justice S.V Bhatti and Justice Bechu Kurian Thomas accordingly upheld the decision of the Single Judge that allowed a petition challenging the detention of a used car by the appellant.
Kerala High Court Quashes Administrative Tribunal's Order To Extend PSC Rank List Validity
The Court quashed an order issued by the Kerala Administrative Tribunal (KAT) extending the validity of the Last Grade Servants (LGS) in State till 29th September.
A Division Bench of Justice Alexander Thomas and Justice A. Badharudeen observed that it was unnecessary to extend the validity of the PSC rank list any further, considering that it has already been extended once.
When Spouse Refuses Offer To Cohabit Without Reasonable Cause, It Amounts To 'Constructive Desertion': Kerala High Court [P.C.Kunhinarayanan v. Vijayakumari]
The Court has held that when the appellant-husband makes an offer to resume the marital relationship, and the respondent-wife resists without any reasonable cause, failing to resume cohabitation, it would amount to "constructive desertion".
While allowing an application for dissolution of marriage, a division bench of Justices A. Muhamed Mustaque and Kauser Edappagath drew from the Supreme Court decision in Savitri Pandey v. Prem Chand Pandey (2002), where it was held that desertion may also be constructive and has to be inferred from the present circumstances.
Other Developments:
Kerala High Court Inaugurated Its Statewide Training For E-Filing Through A Virtual Event
Madhya Pradesh High Court:
Possession of Cough Syrup Or Medicine Containing Narcotic Substances Without Valid Documents Is NDPS Offence: Madhya Pradesh High Court [Rajkamal Namdev v. State of Madhya Pradesh]
The Court has held that possession of cough syrup or medicine containing narcotic substances without valid documents will attract the stringent provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985.
In a matter where cough syrup constituting of narcotics substances was found without prescription or any other valid document, Justice Rajeev Kumar Dubey refused bail under Section 37 of the NDPS Act, 1985 by placing reliance on precedents set by the apex court. Section 37 lays that offences under the statute will be cognizable and non-bailable.
Expected From Trial Court Judges To Be Patient & Tolerant Towards Lawyers During Examination Of Witnesses: MP High Court [Sachin v. State of Madhya Pradesh]
The Court recently observed that it is expected from the judges of the Trial court to be patient and tolerant in their approach towards the Trial Court lawyers during the examination of witnesses.
The Bench of Justice Subodh Abhyankar observed thus in a matter challenging the order passed by an Additional Sessions Judge whereby the right of the petitioner/accused to cross-examine the Investigating Officer had been closed.
The Practice Of Not Answering Query Regarding Maintainability Of Petition By An Advocate Is Deprecated: Madhya Pradesh High Court [Arun Singh Chouhan v. State of MP & Ors.]
The Court recently deprecated the conduct of a practising Advocate who chose not to answer the repeated queries of the Court regarding the maintainability of his petition seeking issuance of a writ of quo warranto and regarding non-impleadment of necessary party
The Bench of Justice Sujoy Paul and Justice Anil Verma also dismissed his petition challenging the posting and performance of duty of an administrative officer as SDM/SDO at a particular place with a cost of Rs.10,000/-.
'Musclemen Aided Land Grabbing Has Become Order Of The Day': Madhya Pradesh High Court While Refusing Bail [Nitin v. State of Madhya Pradesh]
In a bail matter, the Indore Bench has observed that land grabbing with the aid of muscleman has become the order of the day at least in Indore, as suggested by a sizeable number of litigation coming to the Court.
Justice Sujoy Paul noted that the actual landowner with a registered sale deed is either dispossessed or not granted the possession of the land with the aid of the land mafia.
The Court has switched to a hybrid model of hearing with an option to the advocates and party-in-person to appear either physically or virtually in urgent matters. As per the freshly notified Standard Operating Procedure, the said mechanism will be effective at Principal Seat Jabalpur and Benches at Indore and Gwalior. '
There will be specified entry and exit gates for all advocates as notified by the respective benches. The procedures require all appearing advocates to be vaccinated at least with the first dose of vaccination.
Madras High Court:
Right To Be Forgotten- Courts Can't Direct Redaction Of Names Of Acquitted Persons From Records In Absence Of Statutory Backing: Madras HC [ Karthick Theodre v. Registrar General, Madras High Court & Ors.]
The Court has refused to redact the name of a person from court records, who was acquitted of all criminal charges levelled against him, while stating that there is now law in India that contemplates such a request.
Justice N. Anand Venkatesh, while refusing to grant relief to the Petitioner who had sought enforcement of his right to privacy, observed, "This Court honestly feels that our criminal justice system is yet to reach such standards where courts can venture to pass orders for redaction of name of an accused person on certain objective criteria prescribed by rules or regulations."
Madras High Court Comes Down On Actor Dhanush For Seeking Entry Tax Exemption On Rolls Royce; Asks Him To Pay Over Rs 30 Lakhs Within 48 Hours [K Dhanush v. State of Tamil Nadu]
The Court disposed of a 2015 writ petition filed by actor Dhanush pertaining to the payment of entry tax on a Rolls Royce Ghost car imported from the United Kingdom. The Court directed the actor to pay the remaining entry tax of Rs 30, 30, 757 within 48 hours.
The actor sought the Court's leave to withdraw the 2015 writ petition and informed the Court that he was willing to pay the remaining tax due either on August 6 or on August 9. He also informed the Court that he had already paid 50 percent of the Entry Tax as per the interim order passed by the Court in 2015.
'Rummy & Poker Are Games Of Skills': Madras High Court While Striking Down Online Gaming Ban [Junglee Games India Private Limited v. State of Tamil Nadu]
The Court struck down the Tamil Nadu Gaming and Police Laws (Amendment) Act, 2021 which imposes a ban on playing of games such as rummy and poker on cyberspace with stakes. Section 11 of the impugned legislation also banned games of 'mere skill' if such games are played for wager, bet, money or other stake.
A Bench comprising Chief Justice Sanjib Banerjee and Justice Senthikumar Ramamoorthy was adjudicating upon a batch of petitions filed by gaming companies who offer access to card games like rummy and also poker on virtual platforms.
Madras High Court Stays NGT Office Order Mandating Suo Moto 'Pan India' Matters To Be Heard Only By NGT Principal Bench [Meenava Thanthai KR Selvaraj Kumar v. National Green Tribunal Principal Bench and Anr]
The Court imposed a stay on an office order issued by the Registrar General of the Principal Bench of the National Green Tribunal (NGT), which had directed that suo matters having pan-India or inter-state implications will be henceforth listed before the Principal Bench of at least three members.
Pursuant to Section 4(4)(c) of the National Green Tribunal Act, 2010 (NGT Act), a Bench must have an equal number of judicial members and expert members. Accordingly, the petitioner argued that the officer order mandating the composition of 'three members' was in violation of the NGT Act.
Madras High Court Directs State Govt To Vaccinate All Transgender Persons Within 3 Months [Grace Banu v. Chief Secretary, Government of Tamil Nadu]
The Court directed the Tamil Nadu government to ensure that all transgender persons in the State are vaccinated within a period of 3 months. The Court was adjudicating upon a public interest litigation (PIL) filed by transgender rights activist Grace Banu Ganeshan seeking the extension of cash benefits as well as conducting special vaccination drives for transgender persons in the State.
A Bench comprising Chief Justice Sanjib Banerjee and Justice P.D Audikesavalu observed,
"It will be open to the State to provide special windows to transgenders or other classes of persons at any place or places so that such vulnerable sections receive their vaccinations as expeditiously as possible."
'Redefine Jurisdiction Of Family Courts Under Guardianship And Wards Act To Protect Interests Of Children Of Transnational Marriages': Madras High Court [J.Beula Sima Saral v. W.Issac Robinson]
The Court observed that the jurisdiction of Family Courts as stipulated under the Guardians and Wards Act, 1890 must be redefined so as to adequately protect the rights and interests of children whose parents have entered into transnational marriages.
Opining on the need to enact a revised legislation, Justice J. Nisha Banu observed, "Guardians and Wards Act, 1890, was of the year 1890 where inter-country marriages or foreign marriages were not even in contemplation. As on date, those kind of marriages are innumerable happening each and every day. The law should take a lien matching the changes happening in the society. If the law is lacking behind, the rights of the parties will also lack behind. Therefore, it is the time for the Legislature to take note of the above types of marriages and taking into account the interest of the children, may redefine the jurisdiction of the Family Court, so that neither the children nor the person interested in the welfare of the children shall suffer"
Madras High Court Issues Notice On Plea Seeking Reopening Of Exclusive Transgender Clinic At Government Hospital [Sivakumar v. State of Tamil Nadu]
The Court issued notice on a Public Interest Litigation (PIL) seeking the reopening of the speciality transgender clinic at the Rajiv Gandhi Government General Hospital, Chennai.
A Bench comprising Chief Justice Sanjib Banerjee and Justice PD Adikesavulu accordingly directed the State through the Dean of the concerned hospital to file a status report in this regard within 4 weeks.
Centre's Proposal To Reserve 27 Percent Seats For OBC Candidates In AIQ Seats In Medical Colleges Not Acceptable: DMK Tells Madras High Court [DMK v. Rajesh Bhushan]
The Dravida Munnetra Kazhagam (DMK) submitted before the Court that the Centre's proposal of implementing 27 percent reservation for Other backward Classes (OBC) candidates in All India Quota (AIQ) seats of medical colleges in Tamil Nadu for the current academic year was not acceptable.
Instead, the DMK argued that the OBC candidates must be eligible for 50 percent reservation as envisaged under the Tamil Nadu Backward Classes, Scheduled Castes and Scheduled Tribes (Reservation of Seats in Educational Institutions and of Appointments or Posts in the Services under the State) Act, 1993 (1993 Act) and as previously affirmed by the Court vide its earlier decision dated July 27, 2020.
The Court directed a lower court in Villupuram to complete the trial in the sexual assault complaint of a woman IPS officer against the suspended special DGP by December 20, 2021.
The Court had taken suo moto cognizance of alleged sexual harassment of an IPS cadre woman officer by her senior, a Special DGP, and had decided to monitor the investigation into the case itself.
Patna High Court
Patna High Court Refuses Anticipatory Bail To Men Who Allegedly Posted Vulgar Photos of Goddess Saraswati On Social Media [Ravi Kumar & Ors. v. The State of Bihar]
The Court has denied anticipatory bail to two men alleged to have taken and circulated vulgar photographs with an idol of Goddess Saraswati.
The petitioner was seeking bail apprehending arrest under an FIR registered under Sections 153(A) [promoting enmity between different groups on the grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony], 506 [criminal intimidation] read with Section 34 of the Indian Penal Code and 67 [publishing or transmitting obscene material in electronic form] of Information Technology Act, 2000.
Punjab and Haryana High Court:
"No Power To Go Beyond 'Kedarnath' Ruling": Punjab & Haryana High Court Dismisses Plea Challenging 'Sedition Law' [Haryana Progressive Farmers Union v. Union of India and others]
Stressing that the Supreme Court's ruling in Kedarnath Singh v. State of Bihar, is binding on it, the High Court dismissed a plea challenging the Constitutional Validity Of Sedition Law (Section 124A IPC).
The Bench of Chief Justice Ravi Shankar Jha and Justice Arun Palli further observed that it has no power to go beyond the Kedarnath judgment and examine the validity of the provision which has already been upheld by the Supreme Court.
"Freedom Of Speech Foundation Of Strong Democracy": P&H HC Grants Bail To Man Over Alleged Objectionable Speech Against Haryana CM [Dalbir Singh v. State of Haryana]
The Court granted bail to a farm leader who allegedly delivered an objectionable speech (during a protest) against the Chief Minister of Haryana, Manohar Lal Khattar.
Granting him bail, the Bench of Justice Avneesh Jhingan noted thus: "Suffice to say that freedom of speech is a fundamental right and makes a foundation for a strong democracy. At this stage must hasten to add that embargo to freedom of speech is prescribed in Article 19 of the Constitution of India itself."
Punjab and Haryana High Court Issues Notice on Plea Challenging Section 15 of the Hindu Succession Act [X Vs Union of India and Another.]
A division bench of the High Court has issued notice to the Union government in a petition challenging the validity of the provisions of Section 15 of the Hindu Succession Act, 1956 ("HSA").
The bench comprising of Chief Justice R.S. Jha and Justice Arun Palli also issued notice on the prayer of the petitioner to stay Section 15 of the HSA.
"Punjab State Functionaries Intentionally Protecting Drug Offenders": P&H High Court Transfers NDPS Case To CBI [Sarabjit Singh v. State of Punjab]
Coming down heavily on Punjab Police and State Authorities on account of their failure to deal with the drug offenders in the State, the Court transferred probe in an NDPS case involving recovery of 12.00 lacs 'Tramadol' tablets to the Central Bureau of Investigation (CBI).
The Bench of Justice Arvind Singh Sangwan transferred the probe to CBI calling it an exceptional case while noting thus: "Punjab State functionaries for the reason best known to them are intentionally protecting the drug offenders."
"Name Mentioned In Suicide Note Must Be Probed With All The Seriousness": Punjab & Haryana High Court [Sudha @ Babli v. State of Haryana]
The Court has recently observed that if the person dying by suicide names some other person being responsible to force him/her to take the extreme step, his/her such statement is required to be taken up with all the seriousness.
The Bench of Justice H. S. Madaan further observed: "Why should a person leaving this mortal world by ending his life himself would blame an innocent person holding him responsible for his death, is difficult to understand."
Rajasthan High Court:
"No Ill-Will Against Lawyers": Rajasthan High Court Dismisses Defamation Complaint Against Akshay Kumar Concerning 'Jolly LLB 2' [Akshay Kumar v. State of Rajasthan and Anr.]
The Court dismissed a criminal complaint for defamation filed in the year 2017 against Actor Akshay Kumar concerning the movie - Jolly LLB 2.
The Bench of Justice Satish Kumar Sharma also quashed the order of Additional Chief Metropolitan Magistrate, Jaipur Metropolitan Sanganer taking cognizance under Section 500 IPC against Akshay Kumar on the basis of the trailer of the film Jolly LLB 2.
Rent Tribunal Not Amenable To Article 226; No Intra-Court Appeal Against Article 227 Orders : Rajasthan High Court [Mahendra Kumar Jain v. Appellate Rent Tribunal & Ors.]
A Full Bench of the Court has held that orders passed by Rent Tribunal are not amenable to the writ jurisdiction of the High Court under Article 226 of the Constitution. They can be challenged only by invoking the power of superintendence of the High Court under Article 227 of the Constitution.
Since the orders of Rent Tribunal can be challenged only under Article 227, no intra-court appeal is maintainable against them, the Court added.
Also Read: Rajasthan High Court Notifies 'Video Conferencing Rules' For HC, Subordinate Courts
Telangana High Court:
The Court denied bail to a woman who has been accused of allowing her live-in partner to commit sexual assault on her own minor daughter.
The Bench of Justice G. Sri Devi was hearing the plea of a woman seeking her release on bail in connection with a case registered for the offences punishable under Sections 376(2)(f)(n), 376(3), 342, and 50 of the Indian Penal Code.
