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High Courts Weekly Round-Up
Arabhi Anandan
24 Feb 2020 9:58 AM IST
Allahabad High Court Marital Status Of A Daughter Alone Not A Ground For Rejecting Claim For Compassionate Appointment: Reiterates Allahabad HC [Mala Devi v. State of UP] The Lucknow bench of the Allahabad High Court has reiterated that marital status of a daughter alone cannot be the ground for rejecting her application for compassionate appointment in terms of The U.P. Recruitment...
Allahabad High Court
Marital Status Of A Daughter Alone Not A Ground For Rejecting Claim For Compassionate Appointment: Reiterates Allahabad HC [Mala Devi v. State of UP]
The Lucknow bench of the Allahabad High Court has reiterated that marital status of a daughter alone cannot be the ground for rejecting her application for compassionate appointment in terms of The U.P. Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974. With this observation, Justice Manish Mathur has directed the state to reconsider the Petitioner's application for an appointment in place of her deceased father.
Allahabad HC Dismisses Challenge To Election Of Central Minister Santosh Kumar Gangwar [Rakesh Agarwal v. Santosh Kumar Gangwar]
Reiterating the settled law that statements made in an election petition must be specific and backed by cogent evidence, the Single Bench comprising Justice Naheed Ara Moonis dismissed a challenge to the election of MP Santosh Kumar Gangwar, Minister of State with independent charge in the Ministry of Labour and Employment, Govt. of India.
- Bombay High Court
Land Acquisition Proceedings Cannot Be Held Null And Void Only Because Notice Was Not Issued: Bombay HC [The State of Maharashtra v. Suryakant Sakharam Rane (deceased)]
The Bombay High Court last Monday ruled that proceedings under the land acquisition act cannot be held to be null and void simply because the notice was not issued to the new purchaser of the property in question, whose name was not reflected in the revenue records. Justice Sadhna S Jadhav heard State of Maharashtra's second appeal against a judgment by District Judge, Kolhapur wherein original plaintiff's appeal was allowed and it was held that the state's acquisition was not valid as embargo of Section 22A of the Maharashtra Private Forests (Acquisition) Act, 1975 would apply as the land that was acquired, was less than 12 hectare.
Bombay HC Imposes Rs 5 Lakh Cost On Adani Enterprises For Seeking Belated Review Of Order Appointing Arbitrator [Antikeros Shipping Corporation v. Adani Enterprises Ltd.]
The Bombay High Court quantified Rs.5 lakh as costs to be paid to Antikeros Shipping Corporation, a company incorporated under the laws of Liberia, while allowing appeals filed by them against an order of a single judge condoning delay of 7 years in a review application by Adani Enterprises. Division bench of Chief Justice Pradeep Nandrajog and Justice Bharati Dangre set aside the single bench's order condoning delay of 7 years and observed- "The torpedo fired by the respondent is declared to be a dud and it sinks without hitting its target."
The Bombay High Court allowed an appeal against the order of the Railway Claims Tribunal, Nagpur and directed Central railways to pay Rs.8 lakh as compensation to the family of one Arjun Gawande who died while alighting from a train at Badnera station. Justice MG Giratkar of the Nagpur bench relied on Supreme Court and Bombay High Court judgements cited by the appellant's counsel RG Bagul and held that even though the deceased boarded the wrong train which did not have a stoppage at Badnera station, the Tribunal's finding that the deceased responsible for his own death was not sustainable.
● Calcutta High Court
Criminal Trial Need Not Be Split Up Against Company Which Is Refusing To Be Represented Before Court [Titec Finance Ltd. v. The State of West Bengal & Ors.]
The Calcutta High Court has held that where a company having notice, fails to represent itself in criminal judicial proceedings, the courts must proceed with the trial without splitting the trial in terms of Section 317(2) of CrPC. The Single Bench comprising Justice Jay Sengupta clarified that where the non-representation of the company is deliberate, with an intention to delay the proceedings, the abovementioned requirements under Section 305(3) need not be fulfilled and the trial need not be split up in terms of Section 317(2).
● Delhi High Court
Delhi HC Allows Delhi Police To Interrogate Sanjeev Chawla In Tihar Till Feb 28 [Sanjeev Kumar Chawla v. The State]
Delhi High Court has allowed the Delhi Police to interrogate Sanjeev Chawla, alleged cricket bookie involved in one of cricket's biggest match-fixing scandals, in Tihar jail. The Single Bench of Justice Anu Malhotra has held that the Delhi Police will be allowed to interrogate Chawla in Tihar, only till February 28. Post that date, his arrest period of 15 days will conclude. The court very categorically highlighted that after the expiry of the said period, Delhi Police will not be permitted to further interrogate Chawla on this matter.
● Chattisgarh High Court
Chattisgarh HC Confirms Death Sentence To Man Accused Of Rape & Murder Of 5.5-Year-Old Minor Girl
The High Court Bench of Chattisgarh (Bilaspur) has held that "depravity of crime" & "aggravating factors" outweigh reasons for mitigation of death penalty sentence in rarest of rare crimes. Confirming the death sentence of the accused of rape and murder of the minor girl, a Division Bench of Justices Prashant Kumar Mishra & Gautam Chourdiya emphasized that the manner in which she was raped and murdered by the accused shall invoke the doctrine of "rarest of rare cases".
- Gauhati High Court
Land Revenue Receipts, PAN Card & Bank Docs Do Not Prove Citizenship [Jabeda Begum v. Union of India & Ors.]
The Gauhati High Court has observed that land revenue paying receipts do not prove citizenship of a person. Also, following a previous judgment, the Court observed that PAN Card and Bank Documents do not prove citizenship A division bench of Justices Maojit Bhuyan and Parthivjyoti Saikia made these observations while dismissing a writ petition filed by one Jabeda Begum against the order passed by Foreigner Tribunal, Baksa, which declared that she was a foreigner post-1971 stream.
● Gujarat High Court
Gujarat HC Rejects Bail Application Of Alleged ISIS Ideologue [Ubed Ahmed v. State of Gujarat]
The Gujarat High Court rejected the bail application of a person who was alleged to be advocating ISIS ideology through various social media platforms. The bail was sought under Section 43D of the Unlawful Activities (Prevention) Act, 1967. The Single Bench comprising Justice Vipul M. Pancholi while rejecting bail said that, "There is ample material in the investigation papers against the present applicant, from which, it can be prima facie said that the applicant has committed the alleged offences and, therefore, the prosecution has made out a primafacie case against the applicant."
Registration of FIR Simplicitor Doesn't Implicate A Person As Perilous To Maintenance Of Public Order [Md. Umar Abdul Jabbar Abdul v. State og Gujarat]
The Gujarat High Court has held that mere registration of FIR against a person does not mean that he is a threat to the maintenance of public order. The Single Bench comprising Justice SH Vora held that the subjective satisfaction arrived at by the detaining authority cannot be said to be legal, valid and in accordance with law, inasmuch as the offenses alleged in the FIR/s cannot have any bearing on the public order as required under the Act and other relevant penal laws are sufficient enough to take care of the situation.
● Karnataka High Court
After Ten Years, The Karnataka HC Sets Aside Appointment Of AGP Saying It Was Void Ab Initio [Ashok Kumar v. The Principal Secretary & Ors.]
The Division Bench of the Karnataka High Court Justice G Narendar and Justice M Nagarprasanna upheld an order passed by the Karnataka Administrative Tribunal, setting aside the appointment of an Assistant Public Prosecutor cum Assistant Government Pleader, appointed in 2010 and directing the state to pay a compensation of Rs 10 lakh to a candidate who was denied the post because of the illegal
Karnataka HC Dismisses Plea To Transfer Trial Of Rape Case Against Nityananda From Ramanagra To Bengaluru [K.Lenin v. State of Karnataka & Ors.]
The Karnataka High Court dismissed a petition filed seeking to transfer the alleged rape case, against Swamy Nityananda @Rajshekharan and others, from Ramanagra to a court in Bengaluru.The court held that the petition was 'devoid of merits'. It also directed the trial court to expedite the trial, which has been pending for a decade. Justice B A Patil, rejected the plea filed by petitioner, K Lenin, who has alleged that accused had illicit relations within India and Abroad. On the basis of the complaint, police after investigation filed a charge sheet in the case.
'Photographs Disclose Policemen Pelting Stones On The Crowd', Karnataka HC Grants Bail To Anti-CAA Protesters [Ashik v. The State of Karnataka]
Observing that "Investigation appears to be mala fide and partisan," the Karnataka High Court has granted bail to 22 people booked by the Mangalore police on allegations of violence and attack on police during anti-CAA protests in Mangaluru on December 19, 2019. Justice John Michael Cunha observed that the objective of opposing CAA cannot be termed as an "unlawful object" within the meaning of Section 141 IPC.
● Kerala High Court
Insurance Court Must Record Reasons For Waiving Condition Of Pre-deposit Under Sec 75(2)(B) ESI Act [The Deputy Director v. Surendra Das]
The Kerala High Court set aside an order passed by an Insurance Court on the ground that the procedure adopted by the court is violative of Section 75(2B) of The Employees' State Insurance Act. The SIngle Bench comprising Justice Raja Vijayaraghavan directed the Insurance Court to consider the application afresh after hearing both sides and pass appropriate orders in accordance with the statute mandate.
Kerala HC Refuses To Quash Woman's Complaint Against Youth Who Followed Him & Invited Her To Accompany Him [Abhijeet v. State of Kerala]
The Kerala High Court recently refused to quash a criminal case against a man accused of following a woman, a total stranger to him, and inviting her to accompany him in his motorcycle. Justice R. Narayana Pisharadi observed that commission of acts, which may not necessarily involve even any physical advances or assault, is also made punishable under Section 509 of the Indian Penal Code.
Temporary Reunion During Pendency Of Divorce Proceedings Will Not Defeat The Claim For Dissolution Of Marriage [Santhosh Kumar S v. Jayasree Damodaran]
The Division Bench comprising Justice AM Shaffisque and Justice TV Anilkumar observed that the reunion of spouses for a temporary period during the pendency of the proceeding for divorce pursuant to settlement of matrimonial issues will not defeat the claim for dissolution of marriage on the ground of alleged condonation of cruelty nor will it bar continuance of the proceeding when their relationship is again estranged.
● Telangana High Court
Summoning Income Tax Returns Doesn't Violate Right To Privacy As They Are Govt Documents
The Telangana High Court has held that a direction to produce income tax returns in Court will not violate the right to privacy under Article 21 of the Constitution, as they are government documents accessible to others. The Single Bench comprising Justice T Amarnath Goud held so while deciding a civil revision petition which challenged the order passed by a Trial Court dismissing an application to summon the income tax returns of the defendant in a civil suit.
● Madras High Court
Appointment Of Independent Directors In Social Audit Of MGNREGA Must To Eliminate Government Influence [Sattanathan v. State of Tamil Nadu & Ors.]
Quashing a Government Order and subsequent notification, calling for applications to fill up the post of Director at Social Audit Society of Tamil Nadu (SASTA), the Madras High Court held that social activists and persons experienced with working at grass root level in rural areas towards implementation of social welfare schemes shall be more suited for the post. The Judgment rendered by Justice A Anand Venkatesh held that only an independent Director who cannot be influenced by the Government or any local body and one who has sufficient experience in social audit will be able to do justice to the post.
● Meghalaya High Court
No Discretion For Governor In Appointments In District Councils In Tribal Autonomous Areas [Shri Latiplang Kharkongor v. Secretariat of the Governor of Meghalaya & Ors.]
The Single bench comprising Chief Justice Mohammad Rafiq held that the Governor of the state does not have any discretion in the matter of appointments to the Executive Committee of the Khasi Hills Autonomous District Council (KHADC) and that he has to follow the advice of the Chief Executive Member in this regard.
Interim Orders
● Allahabad High Court
The Division Bench of the Allahabad High Court Chief Justice Govind Mathur and Justice Chandra Dhari Singh ordered all the District Magistrates of the state to conduct a fitness test of school buses as per Supreme Court orders and to submit a compliance report thereto.
[AMU Violence] Allahabad HC Grants A Week's Time To NHRC To Reply [Mohd. Aman Khan v. Union of India & Ors.]
The Division Bench of the Allahabad High Court Chief Justice Govind Mathur and Justice Siddhartha Varma adjourned the plea against alleged police excesses on the students of Aligarh Muslim University during anti-CAA Protests, for next week.
Allahabad HC Orders Immediate Release Of Persons Kept As Bonded Labor In Brick Kiln [Shishram v. State of UP & Ors.]
The Allahabad High Court sought Report from the Chief Secretary of the UP Govt. in a PIL filed against alleged practice of bonded labour in certain brick kilns in the state. The court has also asked the District Magistrate of the Baghpat district to take immediate action for the release of bonded labor from the concerned brick kiln and report to the court immediately thereafter, not later than February 23, 2020.
● Bombay High Court
"Minimal Legal Knowledge Expected From The Principal Secretary"; Bombay HC Reiterates Demand For Action In Tribal Scam [Bahiram v. The State of Maharashtra & Ors.]
The Division Bench of the Bombay High Court Justice SC Dharmadhikari and Justice RI Chagla reiterated the demand for action in the 6000 crore tribal scam case and expressed displeasure at the affidavit filed by the Principal Secretary, Tribal Development Department after details regarding action taken against employees involved in the said scam were not given in the affidavit.
● Calcutta High Court
Incessant Lawyers' Strike: Calcutta HC Seeks Replies From President & Secretary Of Mendipur Bar Association [Aijul Gharami v. State of West Bengal]
The Division Bench of the Calcutta High Court Justice Suvra Ghosh and Justice Joymalya Bagchi has sought replies from the President and Secretary of the Medinipur Bar Association explaining why action must not be taken against them in light of the incessant lawyers' strike in the district.
● Delhi High Court
The Delhi High Court stays NAPA's Order Against Johnson & Johnson For Wrongfully Profiteering From GST Exemption on Sanitary NapkinsDelhi High Court has stayed a show-cause notice issued by National Anti-Profiteering Authority (NAPA) to Johnson and Johnson Pvt Ltd for imposing an anti-profiteering penalty.
Delhi High Court has issued multiple directions to Anti Human Trafficking Unit (AHTU) of the Delhi Government on order to streamline the process of finding missing children. The Division Bench of Justice Manmohan and Justice Sangita Dhingra Sehgal, while issuing these directions, noted that on various occasions the local police / AHTUs functioning at district level are unable to trace missing children, whereas when the investigation is transferred by court to AHTU (Crime), typically the missing children are traced.
● Gauhati High Court
Presence Of Magnesium Carbonate: Gauhati HC Directs Authorities To Test Pan Masala Products Available In Market [Jitul Deka v. The State of Assam & Ors.]
The Division Bench of the Gauhati High Court Chief Justice Ajai Lamba and Justice Soumitra Saikia directed the state of Assam to take appropriate action under the Food Safety & Standards Act, 2006, against all those Pan Masala manufacturing companies whose products contain the Magnesium Carbonate (MgCO3) compound.
● J&K High Court
The Jammu and Kashmir High Court has dismissed an application filed by Association of Pellet Survivors to intervene in an ongoing Public Interest Litigation. The Court observed that the intervention of the Association was "unnecessary" as the interest of the "alleged pellet survivors" is already being pursued by the Bar Association.
● Madras High Court
Govt Deliberately Omitted To Revise Property Tax Rates For Their Political Interests: Madras HC Pulls Up Chennai Corporation [VBR Menon v. State]
The Division Bench of the Madras High Court Justice N Kirubakaran and Justice P Velmurugan pulled up the Greater Chennai Corporation for failing to revise the property tax rates for about 20 years, affecting the revenue required for providing amenities to the citizens.
Madras HC Permits Public Conference Against CAA-NRC-NPR
The Madras High Court permitted 'Makkal Athikaram', a social organization to conduct a public conference titled "Withdraw the Citizenship Amendment Act-National Register of Citizens-National Population Register, which destroy the Secularism and Basic Structure of the Constitution of India" on the eve of Sunday, i.e. February 23, at the Thenur Ulavar Santhai Corporation Ground, Trichy.
● Rajasthan High Court
Rajasthan HC Grants Interim Protection To CAA Protesters From Arrests In FIR Alleging Violence [PR Salvi v. State of Rajasthan]
The Single Bench of the Rajasthan High Court Justice Manoj Kumar Garg grants interim relief to CAA protesters from the threat of police action in FIR registered over alleged violence, the Rajasthan High Court directed the Udaipur Police authorities to not take any "coercive action" against them.
Notice Issued/ Petitions Filed/ Directions
● Jamia Library Violence: Delhi HC Issues Notice On Plea Seeking Compensation For Injured Student
● Delhi HC Issues Notice On Plea Challenging MCA Notification For Technical Member Post In NCLAT
● Bidar School Sedition Row: No Rules Violated While Interrogating Children, Police Tells Karnataka HC
● Gujarat HC Permits Double-Sided Printing On Administrative Side [Read Circular]
● Bombay HC Rejects Plea By Doctors Accused In Payal Tadvi Case To Continue Studies At Same Hospital
● Calcutta HC Allows Use Of A4 Sheets For All Filings On Both Original & Appellate Sides
