High Courts Weekly Round-Up

Allahabad High Court

• While cautioning the courts to be circumspect and judicious in exercising the discretion and issuing process, the High Court quashed the summoning order passed against the editorial staff of a newspaper, in connection with a defamation case.

Bombay High Court

• Dismissed an appeal filed by on Sagar Dhuri, a 23-year-old man convicted of sexually assaulting a five-and-a-half-year-old girl and sentenced to ten years.
• Held that if allegations of adultery are proved against the wife in a marriage, she is not entitled to maintenance Justice NW Sambre was hearing two criminal writ petitions filed by one Sanjivani Kondalkar who challenged a judgment of the Additional Sessions Judge, Sangli allowing a revision application filed by the petitioner's husband seeking cancellation of maintenance.

Calcutta High Court

• Granted relief to a "Rohingya" couple facing deportation to Myanmar. Justice Sabyasachi Bhattacharyya not only issued an order of injunction during the pendency of the writ petition from deporting them from India, but also directed the state authorities to ensure that the couple are provided with the basic amenities, compatible with a life worthy of respect.
• Directed the West Bengal Government to withdraw Anti Citizenship Amendment Act publications from all Government portals and Facebook sites of government institutions and departments for the time being.
• Restrained the State authorities from taking any coercive measure against journalist, Sanmay Banerjee, in connection to a forgery and defamation case.
• Held that penal liability would not be attracted if a person harbours dacoits in general and it must be proved that he had harboured such dacoits who intended to commit a 'particular dacoity'.
• Took strong exception to the lawyer's strike and cautioned that any obstruction to judges, police personnel or other public servants from entering the court would amount to cognizable offence and prompt steps shall be taken against the offenders.

Delhi High Court

• Dismissed a PIL challenging the DCP's order of shutting down mobile interent services in Delhi on 19/12/2019 in light of the Citizenship Amendment Act protests. While refusing to entertain the plea, the Division Bench of Chief Justice DN Patel and Justice Hari Shankar declared that issuing writ is the prerogative of the court, and the Petitioners can make a representation before an appropriate authority.

Gauhati High Court

• A Bench comprising of Justices Suman Shyam and Parthivjyoti Saikia of the High Court delivered a judgement stating that the mere fact that the proceedee has remained absent after filing written statement and documents cannot be a justification for the Tribunal to give an opinion against the proceedee without considering the materials brought on record.
• Decided to look into the legality of summons issued by the Enforcement Directorate, allegedly to prevent the Petitioner from broadcasting true and correct facts of agitation presently ongoing against the Citizenship Amendment Act, 2019 in the State of Assam.
• A division bench of the High Court reiterated that while considering an application under Order 7 Rule 11 of the CPC for rejection of plaint, the Court has to examine the averments in the plaint and that the pleas taken by the defendants in its written statement would be irrelevant.

Himachal Pradesh High Court

Held that services of an employee, appointed on contractual basis in temporary capacity, can be counted towards qualifying service for the grant of pension after his services have been regularized.

Karnataka High Court

• While setting aside an order passed by the Bruhat Bengaluru Mahanagara Palike (BBMP) where by an executive engineer was transferred premature from office, after the Commissioner received a communication from the Chief Minister said "Commissioner has "acted on the dictate of alien authorities" which course the first principle of Administrative Law, shuns."
• Held that registration of fresh FIR against a person, cannot be a ground to cancel anticipatory bail already granted in another case, where the trial is already ongoing. Justice B A Patil, said "The only ground which is made out is that two criminal cases have been registered. In what way the said cases have come in the way of the trial has also not been made out. Under such circumstances, cancellation of bail by the impugned order is not sustainable in law."

Kerala High Court

• Deeply anguished and perturbed with the death of a youth in a pothole accident, the High court speaking through Justice Devan Ramchandran whilst expressing deep apology has constituted a batch of lawyers to identify various roads and pedestrian paths in the Cochin City.

Madras High Court

• Directed videographing of DMK's proposed rally against the Citizenship Amendment Act on Monday if the party goes ahead with it despite denial of permission by the police.
• Reiterating that the Parliament/State Legislature can take away the basis of a judicial pronouncement by enacting legislation, the High Court upheld the constitutional validity of the Section 142(2) of the Negotiable Instruments Amendment Act, 2015.
• Upheld the termination of the Principal of Dharmapuri District Co-operative Sugar Mills Polytechnic, who was accused of indulging in homo-sexual activities with the polytechnic students and making filthy remarks against teaching staff, apart from other administrative wrongdoings.
• While dismissing a writ petition, the High Court asked the publishers of law books to ensure that they include every amendment to Acts, rules and regulations in their publications, so as to avoid confusion and help the judges pass correct orders.
• Protecting the interests of the investors, a Division bench of the High Court upheld the validity of the 'proviso' to Section 167(1)(a) of the Companies Act 2013 .