High Courts Weekly Round Up

• Directed State government to pay Rs.10 lakh to parents of a minor girl for negligent investigation. The girl went missing and subsequently her body was found by the police on January 2, 2012.
• Refused to grant the crime branch full custody of the three doctors who are accused of abetting the suicide of Payal Tadvi, a 26-year-old second-year MD student at Mumbai's TN Topivala National Medical College.
• Upheld the Constitutional validity of Section 376-E of IPC which provides that repeat offenders in rape cases can be awarded life imprisonment or death penalty.

Calcutta High Court

• Allowed the termination of a pregnancy having a period of 25 weeks on the finding that the foetus had congenital defect. Justice Protik Prakash Banerjee passed the order, following a Division Bench judgment of the Calcutta High Court in Suparna Debnath v State of West Bengal, which held that Section 3 of the Medical Termination of Pregnancy Act 1971 will include a case where there is congenital defect which would not be conducive to the health life of a child if carried to term.

Delhi High Court

• Observed that Section 15(2) of the Contempt of Courts Act, 1971 has no application in the context of contempt of Central Administrative Tribunal (CAT).
• Quashed a notification under the 'Make in India' program, which provided preferential commercial treatment to 'Indian built ships'. The Court said that the Merchant Shipping Act 1958, under which the notification was purportedly issued, was not concerned with the place where the ship was built; rather it was concerned only with the ownership of ship.
• Held that once interim maintenance is sought by a wife under Section 23 of the Protection of Women from Domestic Violence Act, 2005, it cannot be denied to her unless she is gainfully employed drawing a salary.
• A Division Bench of the High Court said that the judgment of a Single Bench holding a suit for passing off based on a design registered under the Designs Act to be not maintainable does not appear to be prima facie correct.
• Held in Rakesh Asthana's case that seeking extension of the time set by Court for investigation will not amount to review so as to attract bar under Section 362 of the Code of Criminal Procedure 1973.
• Held that once interim maintenance is sought by a wife under Section 23 of the Protection of Women from Domestic Violence Act, 2005, it cannot be denied to her unless she is gainfully employed drawing a salary.
• Reiterated that only the conscious possession of a firearm or ammunition, where the person is fully aware of the possession, can amount to offence under the Arms Act 1959.
• Passed an interim order restraining mobile and laptop manufacturing company Asus Technology from using the mark "ZEN", "ZENFONE" and other similar terms while selling mobile phones and other products.
• Holding that the rigours of provisions of the Passport Act which restrict from issuance/ renewal of passport to persons facing criminal prosecution stand relaxed by a notification issued by the Centre in 1993, the High Court directed the Regional Passport office to renew the passport of Rajiv Chaturvedi, the Chief General Manager of state-run PEC Limited.

• Clerks of lawyers are part and parcel of the system involved in dispensation of justice, the High Court said while holding that medical and canteen facilities should be extended to them. The observation was made by the court on a petition by the Delhi High Court Bar Clerks Association seeking enforcement of several welfare measures including provident fund, pensions and group insurance policy

Gauhati High Court

• Directed the interim release of ex-army man Mohammad Sanaullah, who was arrested and sent to detention centre on May 28, after a Foreigners Tribunal in Assam adjudged him a 'foreigner'.

Karnataka High Court

• Held in Sipani Energy Ltd v The Commissioner BBMP that the auto LPG stations are required to get the trade license from Municipality. It said that the power to grant/refuse license vested in the Commissioner as per Section 353 of the Karnataka Municipal Corporations Act, 1976 is wide and trade license can be refused where the proposed activity is likely to cause nuisance.
• While calculating loss of dependency to decide about compensation in motor accident cases, the age of the deceased accident victim has to be taken into consideration held the High Court in The Oriental Insurance Company Limited v. Rathna & others. Bench of Justice H.T. Narendra Prasad was hearing an appeal filed by the appellant Insurance Company challenging the judgment and award passed by the Court of Additional Senior Civil Judge & Additional MACT, Udupi in a motor vehicle claim.

Kerala High Court

• Expressing displeasure over the delayed preparation of the Coastal Zone Management Plan (CZMP) for Kerala under the earlier Coastal Regulation Zone (CRZ) Notifications, the High Court directed the National Centre for Sustainable Coastal Management under the Central Ministry of Environment and Forests to file an affidavit detailing the steps required for finalizing the CZMP for Kerala as per the latest CRZ notification within this year itself.
• In a recent order, took note of a dictum laid down in a 1999 judgment that a single act of unchastity or a few lapses of virtue will not disentitle a wife from claiming maintenance from her husband under Sec.125 of the Criminal Procedure Code. Justice Alexander Thomas set aside the order of a family court which had dismissed the plea of a woman seeking maintenance on the ground that she was living in adultery.
• Holding that mere possession of sexually explicit photos in private custody without circulation or publication will not amount to a crime under the Indecent Representation of Women (Prohibition) Act 1986, the High Court quashed criminal proceedings against two persons.
• The High Court held that no prosecution is possible against a trust and its trustees for dishonour of cheque invoking section 141 of the Negotiable Instruments Act, 1881 ("NI Act"). Section 141 deals with the liability of companies in case of dishonour of cheques. The judgment was rendered by Justice B. Sudheendra Kumar.

Madhya Pradish High Court

• Granted interim relief to a Sanskrit Professor who was suspended for violating model code of conduct.

Madras High Court

• This Court cannot destroy such beliefs or hopes of the multitude of people, remarked the High Court while dismissing a petition challenging the circular issued by the Commissioner of Tamil Nadu Hindu Religious and Charitable Endowments Department, Department to perform "yagnas" propagating rain, in all important temples under its control.
• Prohibitedmonetising songs of renowned music composer Ilaiyaraja through TV reality shows, concerts and online radio channels, among others, without his prior permission.
• Stayed criminal proceedings against 'Nakeeran' Gopal accused under Section 124 of the Indian Penal Code.

Punjab & Haryana High Court

• The Punjab and Haryana High Court declared the entire animal kingdom including avian and aquatic as legal entities having a distinct persona with corresponding rights, duties and liabilities of a living person.

Rajasthan High Court

• Held that an employee who is set to retire within a year should not be ordinarily transferred. "a superannuating employee, in the last year of his service, should not ordinarily be disturbed by the State, as a model employer, lest the exercise entail unwarranted inconvenience and difficulties for him in post retiral settlement", observed Justice Alok Sharma, while dismissing a challenge brought against the order of administrative tribunal, which had quashed a transfer order.

Uttarakhand High Court

• Held that grandchildren from a daughter of a freedom fighter cannot be denied the benefits of welfare schemes available to family of a freedom fighter.