High Courts Weekly Round-Up

• In a big relief to alumni of Jharkhand State Open School pursuing different courses at the APJ Abdul Kalam Technical University (AKTU), the High Court held that the University could not delete their names from the college enrollment list merely because the school was found to be non-recognized, post admissions.
• Holding that a student cannot be deprived of education merely because he is an accused in a criminal case and that he must be given an opportunity to reform himself, the High Court directed the Banaras Hindu University to admit a delinquent student to the MA course offered by the University.

Bombay High Court

• Confirmed death penalty awarded to five men convicted of killing Sandeep Thanwar, Rahul Kandare and Sachin Gharu in 2013. One of the accused, Ashok Navgire was acquitted by the Court due to lack of evidence.
• Ruled that conducting a search without warrant is a breach of Right to Privacy. Court also fined state government Rs.25,000 payable to the aggrieved petitioner for conducting such illegal search.
• In a major setback for the aggrieved depositors of Punjab and Maharashtra Co-operative (PMC) bank, the High Court dismissed a batch of petitions filed by depositors challenging Reserve Bank of India's decision to impose limits on withdrawal of funds from the crisis hit bank.
• In a peculiar case, the High Court set aside an order of the Family Court, Nanded directing the husband to visit an In Vitro Fertilisation (IVF) expert against his wishes in pursuance of the wife's desire for another child.

Calcutta High Court

• While observing that there is no statistical data to conclusively establish that imposition of death penalty will definitely lead to reduction of crime committed by others in society, the High Court allowed the Death Reference Appeal of a habitual offender.

Delhi High Court

• Issued notice to Delhi Government to submit an action plan to the Special Task Force working under the supervision of the Supreme Court, stating the steps taken to deal with encroachments on forest lands.
• Issued notice to the Central Government in a PIL challenging the validity of the notification requiring 25 years of experience in law for a person to be considered for a post of Technical Member of National Company Law Appellate Tribunal.
• Announced that a service of advance copy of paper-book to the opposite party via email will be an accepted form of service While filing fresh suit/arbitration or other filings in the Ordinary Original Civil jurisdiction.
• Set aside the appointment of Vice-Principal of Air Force Bal Bharati School on the ground that the selection process was vitiated by reasonalbe likelihood of bias.
• Dismissed the petition seeking guidelines to be issued to the Delhi Government for granting sanction to prosecute sedition and corruption cases. The court said that it sees no reason to draft guidelines for government to follow while granting sanctions to prosecute sedition or corruption cases. The judgment was delivered by a single bench of Justice C. Hari Shankar in the case Kalpana Mehdiratta v Air Force Bal Bharati School.
• Reiterated the position of law that Magistrate can take cognizance of an offence even after the expiry of the limitation period. While doing so, the Magistrate has to satisfy himself on the facts and in the circumstances of the case that the delay has been properly explained or that is necessary so to do in the interests of justice.
• Asked S Gurumurthy as to whether he would add a statement of unconditional apology in his reply, and tweet the same on his account, in a contempt case against him.
• Rejected a plea seeking directions to be given to Railways to issue vending passes to the Train Side Vendors, after the advent of e-catering scheme. While rejecting the relief sought by the Petitioners, the Single Bench of Justice Jayant Nath went on to hold that policy matters of the State are not to be disturbed unless they are found to be grossly arbitrary or irrational.
• Taking note of the competing claims arising under the Protection of Women from Domestic Violence Act 2005 and the Maintenance and Welfare of Parents and Senior Citizens Act 2007, the High Court issued certain guidelines to strike a balance.

Jharkhand High Court

• Chief Justice (CJ) of Jharkhand High Court Justice Ravi Ranjan expressed concern over incidents of rape in Jharkhand adding he has been saddened by such incidents. He also summoned the Criminal Investigation Department Inspector General for the next hearing to question him on issues of women safety. The division bench comprising CJ and Justice Aparesh Kumar Singh issued the order while hearing PIL (2599/2103) related to rape and murder of a six-year-old girl in Ranchi.

Karnataka High Court

• Held that 'New Pension Scheme' for judicial officers appointed post April 1, 2006, cannot be made mandatory by the government and it will be optional for the state cadre judicial officers to opt for the same.
• While quashing a circular issued by Karnataka State Road Transport Corporation denying allowances for over time job, the High Court said "Extracting services from an employee without paying the remuneration therefor amounts to begar prohibited under Article 23 of the Constitution of India."
• Rejected a petition filed by M/s Apple India Private Limited, seeking to quash a show cause notice, issued by the Additonal Commissioner of Customs, alleging the company of short paying customs duty on goods imported.

Kerala High Court

• The power of appreciation of evidence is vested in court alone, and it can never be relegated to an Advocate Commission, held the High Court while dismissing an original petition filed against an order passed by a Family Court.
• Directed the state government to remove all persons who had been squatting in and outside the Marthoman Cheriyapalli (Church) in Kothamangalam area of Kerala and to take over its precincts and all its movables.

Telangana High Court

• Took cognizance of a representation received by the office of the Chief Justice requesting judicial intervention regarding the encounter killings of 4 workers who were accused of raping, murdering and burning the body of a 27-year-old Hyderabad based veterinarian.