High Courts Weekly Round-Up

• Held that the disciplinary authority was erroneous in assuming a situation without supporting evidence and that the principle of preponderance of probability could not be relied upon in a case of no-evidence.
• Held that mere pendency of a criminal case is not a valid reason for impounding a person's passport.

Bombay High Court

• Granted relief to one Afzal Jaffer Khan and suspended a look out notice issued against him by Central Bureau of Investigation ACB Office allowing him to travel to Saudi Arabia and UAE for pilgrimage. A division bench of Justice Ranjit More and Justice NJ Jamadar were hearing a petition filed by Khan seeking details of the look-out notice issued against him dated June 22, 2018 and quashing of the same.
• Directed the release of one ArvindkumarDhakad who was arrested by the Directorate of Revenue Intelligence on allegations of smuggling gold. Division bench of Justice IndrajitMahanty and Justice NB Suryawanshi heard a writ of habeas corpus filed by Dhakad's son Mayank alleging that his father's arrest was in violation of Article 22(1) of the Constitution of India and S. 104 of the Customs Act, 1962.
• Directed the release of one ArvindkumarDhakad who was arrested by the Directorate of Revenue Intelligence on allegations of smuggling gold.
• Clarified that all licensed restaurants can serve herbal or tobacco-free hookah and no action will be taken against them by the police. Division bench of Justice Ranjit More and Justice NJ Jamadar were hearing a bath of petitions filed by various restaurant owners who claimed to be harassed by police authorities for trying to serve herbal hookah at their place after the high court in July allowed Ali Abdi, owner of SheeshaSkylounge to serve herbal hookah at all his outlets.
• Directed the Municipal Corporation of Greater Mumbai and Mumbai Metro Rail Corporation Limited to file their reply in a petition filed by Zoru Darius Bathena challenging Tree Authority's resolution to remove 2646 trees at Aarey Forest, Goregaon in Mumbai.
• Allowed a petition filed by New Delhi Television Ltd and set aside orders passed by the Securities and Exchange Board of India rejecting NDTV's applications for condonation of delay in filing settlement applications after SEBI initiated adjudication proceedings against the channel for alleged violations of the Securities Contract (Regulation) Act, 1956.
• Granted ad-interim relief to KPMG's arm BSR and consultants restraining the Ministry of Corporate Affairs from continuing its proceedings before NCLT, Mumbai under Section 140(5) of the Companies Act, 2013 seeking a 5-year ban on the accounting firm.
• Refused to interfere with a Government Resolution directing all Municipal Commissioners in the State of Maharashtra to ensure that all abattoirs and meat selling shops are shut during the ParyushanParva celebrated by the Jain community.
• The Aurangabad bench allowed a Hindu to observe Moharrum at his house and directed the Police to ensure that his observance of the religious event was not obstructed by anyone.

Calcutta High Court

• Exonerated a convict from the charge of Murder under Section 302 of IPC, stating that Section 106 of the Indian Evidence Act does not discharge the prosecution from proving its case beyond reasonable doubt and that an accused has the right to silence without being adversely affected by such silence.

Delhi High Court

• Refused to intervene in the acquittal order passed by the Additional Sessions Judge wherein a man was acquitted of charges under section 6 of the POCSO Act for having consensual sexual intercourse with a woman who misrepresented her age before the said man.
• Refused to intervene in the acquittal order passed by the Additional Sessions Judge wherein a man was acquitted of charges under section 6 of the POCSO Act for having consensual sexual intercourse with a woman who misrepresented her age before the said man.
• Dismissed a PIL seeking directions to be issued to the government to take measures for population control, including the two-children policy. The Division Bench of Justice DN Patel and Justice Hari Shankar refused to entertain the plea citing that making any policy on child control is the prerogative of the government.
• Held that mere demand of money or property unaccompanied by any harassment would not warrant registration of offence under Section 498A of IPC. Division bench of Justice Ranjit More and Justice NJ Jamadar were hearing a criminal writ petition filed by relatives of one Krishna Lohiya whose wife Priyanka had filed an FIR against them.
• Directed Delhi Development Authority to scrutinise applications received from various colleges for construction of girls hostels efficiently, and in accordance with law. The court was hearing a PIL seeking construction of more hostels for girls studying in the Delhi University.
• Reiterated that remedies available to home buyers under the Consumer Protection Act, 1986 (CPA) and Real Estate (Development and Regulation) Act, 2016 (RERA) are concurrent.
• Held that the words 'relatives of husband' under Section 498A of IPC mean relatives of the husband related by blood, marriage or adoption and cannot be fathomed to include maternal uncles the wife of the elder brother of the husband of the Complainant.
• Approved recording of statement of the Unnao rape survivor at the trauma centre of All India Institute of Medical Science (AIIMS).

Gujarat High Court

• Held that the Debt Recovery Tribunals are not barred from deciding a 'preliminary issue' if it is one which goes to the root of the matter and strikes at the very jurisdiction of the Tribunal to decide the application.

Karnataka High Court

• Orally observed that it would not pass any orders on a petition filed by a native of Kashmir studying in Bengaluru, who has challenged the communication clampdown in Jammu and Kashmir, post abrogation of its special status.
• Directed Bharatiya Janata Party (BJP),Member of Parliament, Rajeev Chandrasekhar, to disclose on oath entire assets both movable and immovable, possessed by him.
• Issued guidelines to lower courts ask them to provide appropriate compensation to victims, as per provisions of CrPC, considering the gravity of offence and paying capacity of accused.
• Recommended to the State Government to consider amending a section in the State Court Fees Act, providing for 100% refund of court fees in case there is a settlement in a suit by taking recourse to Arbitration, Conciliation and Mediation.

Kerala High Court

• Held that information about one's bank accounts and income tax returns constitute personal and private information.
• Issued notice to the Centre on a plea challenging the vires of the Right to Information (Amendment) Act 2019. The matter was placed for admission hearing before the bench of Justice Devan Ramachandran.
• While granting divorce to a man, the High Court observed that harassing a husband and his family for a substantially long time by filing false complaints itself amounts to mental cruelty.

Madras High Court

• Emphasizing the right to propagate views questioning existence of God, the High Court recently dismissed a Public Interest Litigation which sought to remove atheistic inscriptions below the statues of ThanthaiPeriyar in Tamil Nadu.

Patna High Court

• A Full Bench of the High Court quashed the controversial order of Justice Rakesh Kumar directing CBI probe into corruption allegations in lower judiciary. The bench consisting of Chief Justice AmreshwarPratapSahi, Justices Anjana Mishra and Anil Kumar Upadhyay termed Justice Kumar's August 29 order as one of "judicial and administrative overreach".
• orally observed that it would not pass any orders on a petition filed by a native of Kashmir studying in Bengaluru, who has challenged the communication clampdown in Jammu and Kashmir, post abrogation of its special status.

Rajasthan High Court

• The Jaipur bench of the High Court on Wednesday allowed the Medical Council of India (MCI) to distinguish between persons with disabilities for the purpose of admission in MBBS course.
• The Jaipur bench of the High Court allowed the Medical Council of India (MCI) to distinguish between persons with disabilities for the purpose of admission in MBBS course.
• The Jaipur bench of the High Court held that an anticipatory bail application under Section 438 of CrPC may be moved by a juvenile apprehending arrest.
• Striking down Section 7BB and Section 11(2) of the Rajasthan Ministers Salaries Act, 2017, the High Court held that former chief ministers of Rajasthan cannot avail life-long facilities like government bungalows, telephone and car.

Tripura High Court

• While acquitting a rape accused, the High Court observed there can be no presumption that the prosecutrix would always tell the entire story truthfully. Justice ArindamLodh observed that the broad principle that the prosecution has to prove its case beyond reasonable doubt applies equally to a case of rape.

Uttarakhand High Court

• Reiterated that every accused person has a constitutional right to be defended in the court and that the Bar Associations cannot indulge in the practice of restraining its members from representing any accused.