High Courts Weekly Round-Up

Reaffirming that a company has a separate legal identity from its owners, the High Court stayed the recovery proceedings started by the Respondents, Ghaziabad Development Authority and District Magistrate, Ghaziabad against the Petitioner, Rakesh Jain and asked them to file their responses in the matter.

Held that no sanction for prosecution under the Prevention of Corruption Act, 1988, is necessary after the retirement of Public Servant.

Bombay High Court

Dismissed a criminal application filed by one Pratap Teli, seeking registration of FIR against Kumar Mangalam Birla, Chairman Grasim Industries and Hindalco Industries as well as D Bhattacharya, Managing Director of Hindalco and KK Maheshwari of Grasim for allegedly violating the Environment (Protection) Act by commencing construction of a building in Worli, without obtaining environmental clearance.

A full bench of the High Court held that the Divisional Commissioner does not have jurisdiction under Section 267­A of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 to set aside appointment of Anganwadi Sevika/Madatnis made pursuant to recommendation of the Selection Committee constituted under the Integrated Child Development Scheme.

Observing that there is a general lack of sensitivity much less duty towards the disabled, the High Court held that the state government must conduct training programmes and workshops in order to make State officials aware of The Rights of Persons with Disabilities Act, 2016.

Allowed the crisis hit Dewan Housing Finance Corporation Limited (DHFL) to make payments to banks and lenders modifying its earlier order restraining the housing finance firm from making payments to unsecured creditors.

Delhi High Court

Dismissed the application filed by former Union Finance Minister P Chidambaram seeking bail in the case registered by Enforcement Directorate in relation to INX Media transaction.

Granted CBI a period of 2 weeks to file its response to the bail application moved by alleged middleman in Augusta Westland scam, Christian Michel.

Dismissed an application moved by person seeking Bihar's Chief Minister, Mr Nitish Kumar, to be summoned as a plaintiff's witness despite him being a defendant in a suit for copyright infringement.

Issued a series of directions pertaining to forest covers, illegal encroachments and other measures in a suo moto matter concerning the rising problem of air pollution in Delhi.

Issued notices to Bar Associations, Bar Council of India and the central government to a file their replies to an application moved by the police officers who are suspected to have fired gun shots during the Tis Hazari clash.

Issued notice to the central government to file an affidavit within one week stating names and addresses of all the ex-MLAs, ex-MPs, and other government officials who have been occupying government bungalows in an unauthorised manner.

Gujarat High Court

Issued notice on a petition challenging the "breach of equality" in recent advertisement for recruitment of civil judges as the same does not provide for benefits of 10 per cent reservation for the Economically Weaker Section.

Kerala High Court

Held that investigation should be carried out into the alleged encounter killings of two Maoists - Karthik@ Kannan and Manivasakam - by Kerala police in Agali forests two weeks ago.

Madras High Court

Directed the State Government of Tamil Nadu to redo the exercise of fixation of seniority in state appointments, after finding the fixation of seniority and conferring promotion based on reservation in promotions unconstitutional.

Punjab & Haryana High Court

The High Court held that an accused facing trial under the provisions of Negotiable Instruments Act cannot be allowed to tender evidence on affidavit.

Rajasthan High Court

A division bench of the High Court while harmonizing the provisions contained under Section 19 of the Family Courts Act, 1984 and Section 28 of the Hindu Marriage Act, 1955, held that the period of limitation for preferring an appeal from a decision of the Family Court is 90 days.