High Courts Weekly Roundup [December 6, 2021 To December 12, 2021]

Allahabad High Court

1. NCR Pollution: Allahabad HC Issues Contempt Notice To DMs Of Two UP Districts Over Failure To Shut Down Brick Kilns [Sohanveer v. Shri Chandra Prakash Singh]

The High Court issued a contempt notice against the District Magistrates of two districts of Uttar Pradesh, Gautam Budh Nagar and Bulandshahr in relation to non-compliance with the Court's order to shut down all brick kilns in the NCR to control pollution. The Bench of Justice Abdul Moin issued notice to Chandra Prakash Singh, District Magistrate Bulandshahr and Suhas Lalinakere Yathiraj, District Magistrate Gautam Budh Nagar over their failure to shut down all brick kilns in their respective districts.

2. 'Victim Of Rape Cannot Be Compelled To Undergo DNA Test': Allahabad High Court In POCSO Case [Gulafsa Begum v. State of U.P.]

The High Court has ruled that a victim of rape cannot be compelled to undergo DNA test to determine the paternity of her child. The Court was adjudicating upon a revision petition challenging the order dated June 25, 2021 of the Additional Sessions Judge, Sultanpur wherein such a DNA test was allowed to be conducted. Justice Sangeeta Chandra observed with dismay that the concerned Additional Sessions Judge had 'misdirected his energies' as the question in consideration before him was not whether the child born to the victim was the child of the accused (opposite party 2) but whether the offence of rape had been committed by the accused.

3. Complaint U/S 138 NI Act- "Accused Can Be Summoned Even On The Basis Of Affidavit Filed By Complainant": Allahabad HC [Virendra Kumar Sharma v. State of U.P. and Another]

The High Court observed that in a cheque bounce case for insufficient funds (Section 138 Negotiable Instruments Act), even on the basis of affidavit filed on behalf of the complainant, an accused can be summoned by the Court. The Bench of Justice Sameer Jain further held that in such cases, there is no need for the Magistrate to record statements of witnesses under Sections 200 and 202 Cr.P.C. and that there won't be any illegality if the accused is summoned on the basis of an affidavit filed on behalf of the complainant.

4. Can't Withhold Passport Application Merely On Account Of Pendency Of Govt Appeal Against Acquittal Order: Allahabad High Court [Pramod Kumar Rajbhar v. State Of U P And 2 Others]

The High Court has observed that a person's application for issuance of a passport cannot be withheld merely on account of the pendency of a Government Appeal against acquittal order. The Bench of Justice Ashwani Kumar Mishra and Justice Vikram D. Chauhan further clarified that so long as the order of acquittal (in connection with a criminal case) remains, the petitioner's innocence would be presumed.

5. Mirzapur Web-Series: Allahabad High Court Quashes FIR Against Makers, Directors & Writers

The High Court quashed the First Information Report (FIR) registered against Web Series Mirzapur's producers Farhan Akhtar and Ritesh Sidhwani in a case registered against them alleging that the series showed Uttar Pradesh in a "bad light". A Bench of Justice MC Tripathi and Justice Subhash Vidyarthi also quashed the FIR against 'Mirzapur Series' Directors and Writers namely Karan Anshuman, Gurmeet Singh, Puneet Krishna, and Vineet Krishna.

6. "Improper Examination U/S 313 CrPC Caused Serious Prejudice": Allahabad HC Acquits Murder Accused In Prison For Over 30 Yrs [Ishaque v. State of U.P]

Holding that improper examination of a murder accused under Section 313 CrPC had caused serious prejudice to him and had resulted in miscarriage of justice, the Allahabad High Court recently acquitted the man (who remained in prison for over 30 years) of murder charges.

The Judgment by Justice Manoj Misra and Justice Sameer Jain came in an appeal filed by a Bangladesh National, Ishaque against his conviction order passed by Additional District & Sessions Judge, Ghaziabad in June 1996 for the offences punishable under Sections 302 I.P.C. and section 4/25 Arms Act.

7. Man Allegedly Asks Muslims 'To Take Revenge If SC Gives Ayodhya Ruling In Favour Of One Community': Allahabad HC Grants Him Relief [Muhammad Saghir Khan v. State Of U.P. Thru. Prin. Secy. Home Deptt.Lko.& Ors.]

The High Court granted protection from arrest to a man who allegedly delivered a speech asking the Muslim youths to take revenge in their own way if the Supreme Court pronounces 'Ram Mandir Judgment in favor of one community'. The Bench of Justice Devendra Kumar Upadhyaya and Justice Saroj Yadav noted that the speech rendered by the petitioner does not reflect or appeal to the youth to indulge in any criminal act by rebelling or by using violence.

8. Article 233- Judicial Officers Can't Apply & Compete For Direct Recruitment To Post Of District Judges: Allahabad High Court [Shashank Singh And 4 Others v. Honble High Court Of Judicature At Allahabad And Another]

The High Court held that under Article 233 of the Constitution of India, a Judicial Officer, regardless of his or her previous experience, as an Advocate with 7 years practice, cannot apply and compete for appointment to any vacancy in the post of District Judge. The Bench of Justice Ashutosh Srivastava and Justice Pritinker Diwaker further clarified that his or her (Judicial Officer) chance to occupy the post (of District judge) would be through promotion in accordance with the Rules framed under Article 233 and Proviso to Article 309 of the Constitution of India.

Other Developments

Kasganj Custodial Death: 'Suicidal Hanging Theory Scientifically Impossible': PUCL Moves Allahabad HC Seeking 2nd Post-Mortem

Statements Of A 'Large Number' Of Eye Witnesses In Lakhimpur Kheri Incident Yet To Be Recorded: UP Govt Tells Allahabad HC

Plea To Restrain Waseem Rizvi Aka Jitendra Tyagi From Giving 'Disputed Religious Statements' Moved In Allahabad High Court

"Advocates Involved In Anti-Social Activities Taking Advantage Of Robe To Go Scot-Free": Allahabad HC Seeks Details Of Such Cases

Allahabad High Court Seeks UP Govt's Response On PIL For Removal Of Liquor Shop Located Near A School, Temple & Hospital

Bombay High Court

1. Should Stamp Duty Continue To Be Payable Twice For Redevelopment Projects?– Bombay High Court To Decide, Appoints Amicus Curiae

In an issue affecting hundreds of redevelopment projects in Maharashtra, the High Court has decided to examine the stamp duty correctly payable on registration of agreements for handing back redeveloped flats under the Maharashtra Stamp Act. Three petitions filed by a Mumbai builder challenge two State Government circulars, making stamp duty payable twice in most redevelopment projects. The circulars dated June 23, 2015, and March 30, 2017, were issued by the Inspector General of Registration and Controller of Stamps, Maharashtra State.

2. NIA Approaches Bombay High Court Against Bail To Bookie In Ambani Terror Scare Case

The National Investigation Agency has filed an appeal u/s 21(1) in the High Court against bail granted to bookie Naresh Gaur by the special court in the Ambani Terror Scare Case. The special NIA court granted bail to Gaur on November 20, however, he continues to remain behind bars as the order was stayed for 25 days. Last week, the Bombay High Court quashed the stay observing that a sessions court cannot stay it own order granting bail under the Criminal Procedure Code.

3. Aryan Shahrukh Khan Approaches Bombay High Court For Modification Of Bail Condition

Aryan Shahrukh Khan has approached the Bombay High Court for modification of his bail condition to appear before the Narcotics Control Bureau every Friday between 11am to 2pm. Khan's plea states that his bail condition could be relaxed since the Cruise Ship Drugs Case is transferred to a Special Investigations Team set up by the NCB in Delhi. He has cited difficulties faced by him due to the huge media presence everytime he marks his attendance at the NCB office.

4. Nawab Malik Apologizes To Bombay High Court For Violating Undertaking To Not Make Statements Against Sameer Wankhede Family

Maharashtra State Minister and NCP leader Nawab Malik on Friday tendered an unconditional apology to the Bombay High Court for commenting on NCB officer Sameer Wankhede's family despite giving an undertaking to the Bombay High Court that he would refrain from making such comments. The division bench of Justices SJ Kathawalla and Milind Jadhav accepted the apology in the defamation suit filed by the NCB officer's father Dnyandeo Wankhede.

5. PMLA Authority Can Pass Order On Attachment Of Anil Deshmukh's Assets Worth 4.2 crore, But No- Coercive Steps Till January 10 : Bombay High Court

The High Court allowed the Adjudicating Authority under Prevention of Money Laundering Act to pass an order regarding attachment of assets belonging to former Home Minister Anil Deshmukh and his family but directed that no coercive steps should be taken till January 10 or without the HC's permission. A division bench of Justices Gautam Patel and the Madhav Jamdar modified December 6 order by which they had restrained the Authority from passing final orders.

6.  Sessions Court Cannot Stay Own Bail Order Under CrPC - Bombay High Court

In a significant order, the Bombay High Court has held that a sessions court cannot stay its own order granting bail to an accused under the criminal procedure code. "In so far as the power of the learned Sessions Judge to stay his own order of grant of bail is concerned, in my view, the Code of Criminal Procedure does not empower the Sessions Judge to stay the operation of his order of grant of bail," the court observed.

7. [Antilia Terror Scare Case] Bombay High Court sets Aside Special NIA Court's Decision Staying It's Own Bail Order For Bookie Naresh Gaur

The High Court paved the way for release of Naresh Gaur, the first recipient of bail in the Ambani Terror Scare and Mansukh Hiran Murder Case. Justice SK Shinde set aside the Special NIA court's decision to stay it's own order for 25 days, after granting him bail. The order was stayed at the National Investigation Agency's request to allow them to challenge bail granted to him in the High Court.

8. Nawab Malik Prima Facie Breached Undertaking To Not Make Statements Against Sameer Wankhede Family : Bombay High Court

The High Court observed that State Cabinet Minister and NCP leader Nawab Malik had prima facie "wilfully breached" his undertaking to the court, not to make any statements against Dnyandeo Wankhede and his family, including NCB officer Sameer Wankhede.

A division bench of Justices SJ Kathawalla and Milind Jadhav sought an explanation from Malik in the form of an affidavit by Friday.

9. Plea In Bombay High Court Challenges 2% Reservation For Special Backward Classes In Govt Jobs

Youth for Equality, an organisation against caste-based reservation, has approached the Bombay High Court challenging the 2% reservation for Special Backward Classes (SBC) in public service jobs in Maharashtra.

According to the plea, the 2% SCB reservation was over and above the 50% ceiling limit regarding Government and public sector jobs. It was introduced in 1994 and was violative of constitutional provisions. The requirement of extraordinary circumstances for culling out such reservations was also absent, the plea added

Domestic Violence Act Complaints Can't Be Filed At Places Of Casual Visits, Should Be Instituted In Place Of Temporary Or Permanent Residence: Bombay High Court

A domestic violence complaint cannot be filed at a place a woman is only casually visiting and proceedings must be instituted at her temporary or permanent residence under section 27 of the Domestic Violence Act, the Bombay High Court said. The court interpreted 'temporary residence' to mean the place an aggrieved person has temporarily decided to make their home and not a lodge or a guest house, meant for short visits.

Other Developments:

Every Institution Must Have Confidence In Its Leader, Chief Justice's Decisions To Assign Matters Not Open to Judicial Review – Bombay High Court

"Blind Faith Real Driver" – Bombay High Court Upholds Conviction Of God-Man For Raping Married Woman As Part Of Child Bearing Ritual

Kangana Ranaut Moves Bombay High Court To Quash Mumbai Police FIR Over Khalistani Remarks On Farmer's Protest

Bombay High Court Grants Pre-Arrest Bail To Actor Sahil Khan In Abetment To Suicide Case

Bombay High Court Grants Anticipatory Bail To Sameet Thakkar In Thane FIR

Bombay High Court Restrains PMLA Adjudicating Authority From Passing Orders On Attachment Of Anil Deshmukh's Assets

Calcutta High Court

1. Calcutta HC Grants Custody Of 4-Yr-Old Girl To Deceased Mother's Friend Over Biological Father, Grants Visitation Rights To Father [Tushar Kanti Das v. Kajal Saha]

The High Court refused to grant custody of a four and a half years old girl child to her biological father and instead permitted the child to be in the care and protection of a family friend of her deceased mother.  However, the Court has granted visitation rights to the biological father after observing that the bond between the child and her natural father ought to be encouraged from a tender age.

2. Calcutta High Court Reserves Judgment In Plea Filed By BJP Leader To Hold Municipal Polls In State In One Phase [Pratap Banerjee v. State of West Bengal and Ors]

The High Court reserved judgment in the plea moved by BJP Sate vice-president Pratap Banerjee seeking direction to the West Bengal government and the State Election Commission (SEC) to hold municipal polls in the State in one phase.

A Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bhardwaj had earlier sought response from the State government stipulating the time period within which the State government would hold elections to the remaining municipal bodies apart from the already notified Kolkata Municipal Corporation. Subsequently, the Bench was informed by the State Election Commission that they had already initiated dialogue with the State government in this regard and that elections for the remaining municipalities would be held in 6-8 phases in the month of May 2022.

3. 'Dialogues Fundamentally Hilarious, Futile To Find Elements Of Hate Speech: Calcutta HC Quashes FIR Against Mithun Chakraborty For Alleged Hate Speech, Stays Investigation [Mithun Chakraborty v. State of West Bengal and Ors]

The High Court quashed the FIR registered against renowned actor and BJP leader Mithun Chakraborty by a member of the TMC party over his alleged 'hate speech' at an election rally at Brigade Parade Ground in Kolkata on March 7, 2021. The Court also stayed any further police investigation into the matter.

Justice Kaushik Chandra observed that Chakraborty had not intended to promote the feeling of enmity, hatred, or ill-will between different religious, racial, linguistic or regional groups or castes or communities when he uttered the alleged dialogues during the political rally and thus the ingredients of offences under Sections 153A, 504, and 505 of the Indian Penal Code, 1860 are absent.

4. Incorrect To Punish Man For Rape If His Promise To Marry Didn't Fructify Due To Opposition From Family Elders: Calcutta High Court [Saddam Hussain v. State of West Bengal]

The High Court acquitted a man of rape charges while noting that it would be incorrect to punish someone for the offence of rape if the promise to marry did not fructify due to the subsequent events, namely, opposition from family elders which is not attributable to the accused.

The Bench of Justice Joymalya Bagchi and Justice Bivas Pattanayak noted that the man/appellant was a young person and the marriage proposal didn't come to fruition due to the opposition from elders and therefore, it wasn't a case of sex on the false promise of marriage amounting to rape.

5. Calcutta High Court Quashes Single Bench's Order On CBI Probe Into Irregularities In Non-Teaching Staff Appointments In WB Gov Sponsored Schools

The High Court quashed a Single Bench order wherein a Central Bureau of Investigation (CBI) probe had been ordered into the alleged irregularities in the appointment of 'Group-D' (non-teaching staff) in sponsored Secondary and Higher Secondary schools under the West Bengal Board of Secondary Education (WBBSE) on the purported recommendation by the West Bengal Central School Service Commission (WBSSC). Justice Abhijit Gangopadhyay had directed the CBI to submit a preliminary report in this regard by December 21.

Other Developments:

Calcutta High Court Orders ₹5 Lakh Compensation For Nepali Man Who Remained In Prison Sans Trial For Over 40 Years

Elections To Remaining Municipal Bodies To Be Completed By May 2022: State Election Commission Informs Calcutta High Court

Delhi High Court

1. Underworld Organised Activities & Clandestine Smuggling Of Drugs Resulting In Addiction Among Adolescents, Students: Delhi HC [Ram Bharose v. State]

The High Court has observed that the underworld-organized activities and clandestine smuggling of drugs are resulting in addiction among the public particularly adolescents and students. Discussing the effects of drugs on society, Justice Subramonium Prasad observed thus:

"It has been observed that organised activities of the underworld and the clandestine smuggling of narcotic drugs and psychotropic substances and illegal trafficking in such drugs and substances is resulting in drug addiction among a sizeable section of the public, particularly the adolescents and students of both sexes and the menace has assumed serious and alarming proportions in the recent years which has a deadly impact on the society as a whole."

2. Coal Scam Case: Delhi High Court Grants Interim Relief To Enforcement Directorate, Stays Notices Issued To It's Officials By West Bengal Police [ED & Ors. v. State of West Bengal & Ors.]

The High Court has granted ad interim relief to the Enforcement Directorate by staying the operation of the notices, issued by West Bengal Police, to its officials performing their statutory functions in Delhi in relation to the coal scam case. The ED is investigating the illegal coal mining case and the role of complainant TMC MP Abhishek Banerjee under the PMLA Act in the New Delhi Headquarters.

3. "Conduct Of HoD Needs To Be Blemish Free": Delhi HC Dismisses Professor's Plea Over Non Appointment As HoD After Sexual Harassment Complaint By Teacher [PROF. R. K. SHARMA v. UNIVERSITY OF DELHI AND ORS.]

Observing that the conduct of a Teacher as an HoD needs to be blemish-free, the Delhi High Court dismissed a plea by a senior professor of the Delhi University aggrieved over his non-appointment as the Head of Chemistry Department after a sexual harassment complaint was made against him by a Teacher. "The conduct of a Professor / Teacher as an HoD, who is required to involve himself in various activities of the Department, which includes interacting with the students and the teachers, need to be blemish-free," Justice V Kameswar Rao observed.

4. Maintenance Of Kalkaji Temple Complex: Delhi High Court Seeks Report On Creation Of Shops, Basic Civic Amenities For Devotees [NEETA BHARDWAJ & ORS. v. KAMLESH SHARMA]

The High Court has sought a report on the the creation of shops as well as the basic civic amenities available for devotees inside city's Kalkaji Temple complex. Justice Pratibha M Singh directed the Court appointed architect to submit a comprehensive report after a meeting with administrator, Retired Justice JR Midha on or before 20th December, 2021. The Court also issued directives in respect of all the shopkeepers, in occupation of the temple premises and were running shops, but were not using the premises for residential purposes.

5. Maternity Benefit Act A Beneficial Legislation, Organisation Expected To Be Empathetic To Pregnant Woman Rather Than Making Bald Allegations Against Her: Delhi HC [ASIA PACIFIC INSTITUTE OF MANAGEMENT v. OFFICE OF THE JOINT LABOUR COMMISSIONER AND ANOTHER]

The High Court has held that the Maternity Benefit Act is a beneficial legislation for the purpose of safeguarding the rights of pregnant women and that an organisation is expected to be empathetic to the cause of a pregnant woman rather than making bald allegations against her. "The Act is a beneficial legislation for the purpose of safeguarding the rights of pregnant women. The provisions of the Act have to be given effect to, in letter and spirit. Technical issues would not come in the way of the Court or the authority concerned, in recognizing the said benefits," Justice Pratibha M Singh observed.

6. "No Legal Right To An Award": Delhi HC Rejects CRPF Officer's Plea Challenging Denial Of Gallantry Award For Operation With Armed Naxals [MANJUNATH GOULI v. UNION OF INDIA & ORS.]

The High Court has rejected a plea by a CRPF officer challenging the denial of grant of Police Medal for Gallantry Award for a 2019 operation between the force and armed Naxals. Justice Manmohan and Justice Navin Chawla dismissed the plea observing that the officer has no legal right to an award or a medal.

"In the opinion of this Court, the Petitioner has only a right for consideration of his name for the PMG award but he has no legal right to an award/medal," the Court said.

7. "These People Are Powerless Or What?": Delhi High Court Raps SDMC For Complaining About Violation Of Judicial Orders By Vendors ]In Nehru Place [COURT ON ITS OWN MOTION v. GOVT. OF NCT OF DELHI AND ORS]

The High Court rapped the South Delhi Municipal Corporation for complaining about the violation of judicial orders by vendors in city's Nehru Place area qua conditions of hawking remarking that it was the responsibility of the authority to ensure enforcement of the orders. The bench of Justice Manmohan and Justice Navin Chawla was hearing a suo moto case registered by the Court following a fire incident at a building in the market.

8. Kalkaji Temple: Delhi High Court Issues Directions For Removal Of Unauthorized Encroachments, Portable Drinking Water Facilities For Devotees [NEETA BHARDWAJ & ORS. v. KAMLESH SHARMA]

The High Court has issued additional directions for removal of unauthorised encroachments by shopkeepers and residents inside city's Kalkaji Temple and also regarding portable drinking water facilities for devotees. Justice Pratibha M Singh was of the opinion that the shopkeepers who had made their residences and were in unauthorised occupation of shops including the Dharamshala need to be vacated.

9. "There Seems To Be A Big Disconnect": Delhi High Court Calls For Meeting With Stakeholders Over Implementation Of Street Vendors Act [New Delhi Traders Association v. GNCTD]

The High Court called for a meeting with all the stakeholders including the Chairpersons of all the three Municipal Corporations, New Delhi Municipal Council, the Delhi Cantonment Board and the concerned Director of the DDA to work out the implementation of the Street Vendors Act. Justice Vipin Sanghi and Justice Jasmeet Singh scheduled a meeting in the High Court premises on November 11, Saturday at 3 PM.

Other Developments:
Delhi High Court Finalizes Draft Rules Governing Patent Suits & Intellectual Property Rights Division Rules; Suggestions Invited By Dec 17

"Not A Tinge Of Remorse Or Apology": Delhi HC Pulls Up Man Seeking Setting Aside Of Sentence Awarded To Him For Contempt In Matrimonial Case

Delhi High Court Issues Directions For Revamping Security Arrangements In City Court Complexes, Appreciates Efforts Of Police And Central Paramilitary Forces

Delhi High Court Quashes Delisting Order Issued To Entity By Railways Without Show Cause Notice And Reasonable Opportunity To Defend

Delhi High Court Disposes Of Plea Alleging Favouritism In Granting Admission In School Run By Jamia Milia Islamia After It's Stand Of Formulating New Policy

"Examined 60 Witnesses, Investigation Likely To Reach A Substantial Stage In One Month": CBI Tells Delhi HC In Ankit Gujjar Death Case Inside Tihar Jail

"What Do You Propose To Do? Will You Continue Permitting?": High Court Seeks Delhi Police's Stand Over Removal Of Protestors Outside UNHCR Office

Delhi High Court Seeks Enforcement Directorate's Response On Plea By Popular Front Of India Challenging Money Laundering Case

Beyond Scope Of Knowledge Whether Actions Of Gautam Gambhir Foundation In Procuring COVID 19 Drugs Were For Charitable Service Or Political Gain: Delhi HC Told

Will Ensure Training To Sensitize Officers, Personnel Of Government Organizations For Protection Of Trees: Delhi Govt Informs High Court

Delhi High Court Stays Trial Court Proceedings Summoning Four BJP Leaders In Criminal Defamation Case By Delhi Jal Board

Delhi High Court Asks National Faceless Assessment Centre If It Will Withdraw Final Orders Passed Sans Show Cause Notice, Draft Assessment

"Children Are Dying": Delhi High Court Raps Centre Over Non-Utilization Of Unspent Budget, Allocated To Rare Diseases Fund

Place On Record Procedure To Be Followed For Conducting Fresh Trials For World Championship: Delhi High Court Directs BFI In Arundhati Choudhary's Plea

High Court Seeks Delhi Police's Report Over Functioning Of Illegally Constructed Temple On Public Land In Defence Colony Area

Dengue Outbreak: Delhi High Court Appoints Advocate Rajat Aneja As Amicus Curiae To Closely Monitor Issue Of Mosquito Breeding

Plea In Delhi High Court Seeks Quashing Of Trial Court Order Summoning Four BJP Leaders In Criminal Defamation Case By Delhi Jal Board

Consider Deputing Member From Subordinate Judiciary As A Stop Gap Arrangement Till Appointments Are Made In DRTs: Delhi HC To Centre

Gauhati High Court

'Not Properly Served Notice':Gauhati High Court Sets Aisde Ex-Parte Foreigners' Tribunal's Order Declaring Man As Foreigner [Jantu Das v. Union of India]

The High Court set aside an ex-parte order by a foreigners' tribunal declaring a Silchar resident as a foreigner after noting that the tribunal had failed to properly serve notice thus rendering the proceedings illegal. A Bench comprising Justices Kotiswar Singh and Malashri Nandi observed,

"We have found that the petitioner was not properly served notice before the Tribunal proceeded with the matter ex-parte, we are of the opinion that the petitioner may be afforded another opportunity to appear before the learned Foreigners Tribunal to prove his case."

Gujarat High Court

1. Don't Throw Away Non-Veg Food Stalls Just Because Party In Power Says So Or To Satisfy Ego Of Some: Gujarat High Court To AMC

Dealing with a plea filed by certain street vendors who claimed that they have been arbitrarily prohibited from selling non-vegetarian food on the streets of Ahmedabad, the Court rapped the Ahmedabad Municipal Corporation (AMC) and asked them not to throw away carts of such people to satisfy the ego of some. Hearing the matter, the Bench of Justice Biren Vaishnav earlier today sought the presence of the Counsel for AMC before the Court as it orally remarked thus:

"How can you decide what people should eat? Suddenly because someone in power thinks that this is what they want to do? Tomorrow you will decide what I should eat outside my house? Tomorrow they will tell me that I should not consume sugarcane juice because it might cause diabetes or that coffee is bad for my health."

2. "How Can You Stop People From Eating What They Want?": Gujarat HC Raps AMC On Plea Against Ban On Non-Veg Food Stalls

Dealing with a plea filed by street vendors who have been prohibited from selling non-vegetarian food on the streets of Ahmedabad, the Gujarat High Court today rapped the Ahmedabad Municipal Corporation (AMC) and observed how could people be prevented from eating what they want to eat.

"You don't like non-veg food, it is your lookout. How can you decide what people should eat outside? How can you stop people from eating what they want?", asked the Bench of Justice Biren Vaishnav.

3. In Contempt Matters The Affidavit Should Not Contain More Than 3 Pages: Gujarat High Court To Govt Pleaders

Taking note of the practice of filing long affidavits before the Court in contempt matters, the Gujarat High Court today directed the Government pleaders to restrict their affidavits to a maximum of three pages. The Bench of Chief Justice Aravind Kumar and Justice Ashutosh Shastri orally remarked thus: "This practice of filing affidavits in 8 pages, 12 pages should stop in contempt matter. This is not a court of appeal, why do you want to convert these cases into appeal cases. Supreme Court has come down heavily on the practice of traveling beyond what has been ordered."

Karnataka High Court

1. Karnataka High Court Issues Notice On Plea Challenging Constitutionality Of Sections 99 & 100 Of IBC [Babu A Dhammanagi v. Union Of India]

The Court has issued notice to the Union of India and two others on a petition seeking to declare section 99 and 100 of the Insolvency and Bankruptcy Code (IBC) as unconstitutional and being violative of Article 14.

A division bench of Chief Justice Ritu Raj Awasthi and Justice Sachin Shankar Magadum issued the notice and posted the matter for further hearing on March 29, 2022. The petition filed by one Babu A Dhammanagi also seeks to declare section 95 (1) of the IBC as unconstitutional to the extent of permitting filing of application through resolution professional.

2. Karnataka High Court Restrains State From Implementing Order Against Issuance Of Smart Card Registration Certificates For New Vehicles [Rosmerta Technologies Limited v. Union Of India]

The Court directed the State to not implement its government order dated October 31, by which it does away with issuance of smart card registration certificates for new vehicles and allows dealers of the manufacturers to issue registration certificates through electronic/online mode.

Also Read: Karnataka High Court Stays GO Directing Educational Institutions To Collect 85% Tuition Fees As Against The Annual School Fee

3. 'Fraud By Bank Employees A Global Problem, There Has To Be Zero Tolerance': Karnataka High Court [K Satishchandra Shetty v. Union Bank Of India]

The Court said that frauds, even if negligible, committed by employees associated with financial institutions have to be viewed very seriously and dealt with an iron hand.

A division bench of Chief Justice Ritu Raj Awasthi and Justice Sachin Shankar Magadum while dismissing the appeal filed by one K Satishchandra Shetty who was dismissed from Union Bank of India, following charges of misappropriation of customers money, said, "Frauds carried out by bank employees has now become a global problem."

4. Empanelment Of Advocate Bank's Discretion; Writ Court Cannot Ordinarily Interfere: Karnataka High Court [Thimmanna v. Union Bank Of India]

The Court has said that empanelment of an advocate by a Bank is a matter of discretion of the bank concerned and a writ court cannot ordinarily interfere & undertake a deeper examination into it.

Justice Krishna S Dixit while rejecting a petition filed by one Thimmanna said that, "Empanelment is a matter of discretion of the bank concerned; the exercise of such discretion involves a host of factors including the fiduciary relationship of 'client & counsel'; in matters of this kind a Writ Court cannot ordinarily interfere & undertake a deeper examination."

Also Read: Provisions Of Rent Act Will Not Have Overriding Effect Over Provisions Of SARFAESI Act: Karnataka High Court

5. Karnataka High Court Grants Anticipatory Bail To Man Accused Of Smuggling Whale Vomit [Riyaz v. State Of Karnataka.]

The Court has granted anticipatory bail to a prime accused alleged to be involved in smuggling of 8.25 kgs of ambergris, commonly known as whale vomit.

Justice K Natarajan allowed the application filed by one Riyaz. It is the case of the prosecution that on receipt of credible information on 05.08.2021, the Forest Officers intercepted the Wagonr Car at 5.25 p.m. and they found four persons who were travelling with 8.25 kgs of ambergris.

6. Can't Go Beyond Supreme Court Orders: Karnataka HC Dismisses Pleas Against BDA Notification For Developing Shivaram Karanath Layout [Basappa v. State of Karnataka]

The Court has dismissed a batch of petitions challenging the validity of final notification issued by the Bangalore Development Authority (BDA) in October 2018 for formation of Dr. K. Shivaram Karanth Layout, on over 3546 acres 12 Guntas Acres of land.

Justice SR Krishna Kumar took note of a Supreme Court order dated 03.08.2018, restoring BDA's preliminary notification and acquisition proceedings and directing it to issue a Final Notification within three months.

Also Read: Karnataka High Court Quashes GO Transferring Puttenahalli Bird Reserve To BBMP; Orders Forest Department To Take Charge

7. 'Allowing Dogs Inside Cubbon Park Affects Morning Walkers; People Don't Chain Them!' : Karnataka High Court Expresses Concerns [Cubbon Park Walkers Association v. State Of Karnataka]

The Court orally expressed concerns about dogs being allowed inside Cubbon Park, Bengaluru. A division bench of Chief Justice Ritu Raj Awasthi and Justice Sachin Shankar Magadum during the hearing of a petition filed by Cubbon Park Walkers Association said,

"We want to take suo-motu cognizance with regard to Cubbon park. How are these dogs permitted in a public place? So many dogs! It in fact affects the morning walkers. People who bring their dogs don't even chain them, they leave them open and there is no restriction in the movement for the public inside the park, no entrance fee or nothing is charged, why? How are these dogs permitted in a public place?"

8. IT Dept Not Obliged To Furnish Documents Seized Pursuant To Authorized Search To Any Public Servant: Karnataka High Court [Director General Of Income Tax (Investigation) v. State Of Karnataka]

The Court has said that once search and seizure proceedings are undertaken by officials of the Income Tax Department under authorisation, they are not obliged to furnish any document to any public servant in respect of such matters relating to the assessee.

Justice M Nagaprasanna said: "On a conjoint reading of Sections 132 and 138(2) of the Income Tax Act, would lead to an unmistakable conclusion that once such seizure proceedings are undertaken by the officials of the Department under authorisation, they are not obliged to furnish any document to any public servant in respect of such matters relating to the assessee against whom search and seizure is taken up."

Also Read: Karnataka High Court Directs State To Ensure Disbursal Of Funds For Construction Of New District Court Building At Raichur

9. 'Rights Of Aliens On Foreign Soil Are Those Which Host Country Grants': Karnataka High Court Denies Relief To Chinese National Overstaying Visa [Li Dong v. Union of India]

The Court has reiterated that Rights of aliens (foreign national) on a foreign soil are those which the host country grants and that no alien can lay a claim for more rights than those that are granted.

Observing thus, Justice Krishna S Dixit dismissed the petition filed by one Li Dong, a native of the People's Republic of China, who has been overstaying in India, in spite of her visa having expired.

Kerala High Court

1. NEET-UG: Kerala High Court Dismisses Candidate's Plea Alleging OMR Sheet Manipulation [Rithu Sibi v. Union of India & Ors.]

The Court recently dismissed a plea filed by a NEET-UG 2021 candidate who alleged that the OMR sheet attached to her application number had been manipulated and sought an investigation into the same.

After perusing the report submitted by the Committee constituted by NTA, Justice N. Nagaresh held:

"The Committee has exhaustively considered the allegations made by the petitioner. There is no material to conclude that any manipulations were made in the OMR sheet of the petitioner. No other complaints were received from other students who appeared for the examination from the same room. Committee found that manipulations in the OMR sheet was extremely unlikely."

2. Can An Accused Seek To Be Subjected To Narco Analysis Test To Prove His Innocence? Kerala High Court Answers [Louis v. State of Kerala]

In a recent judgment, the Court has declined to allow the plea of an accused in a POCSO case where he voluntarily submitted to undergo a narco analysis test to prove his innocence in the matter.

Observing that even if allowed, the statements obtained through the test are not admissible in law, Justice M.R. Anitha held that the revelations brought out during Narco Analysis under the influence of a particular drug cannot be taken as a conscious act or statement given by a person. 

Also Read: Victim's Family Funded Flight Tickets For Police: Kerala HC Appoints Amici Curiae To Explore If FIR Can Be Registered Without Complaint

3. Yields Significant Revenue: Centre Tells Kerala High Court Non-Inclusion Of Petroleum Products Under GST Was 'A Conscious Decision' [Kerala Pradesh Gandhi Darshanvedhi v. Union of India]

The Centre and the GST Council have maintained their stance before the Court that petroleum products should not be included within the ambit of GST citing that it was a 'conscious decision' considering that they yield substantial revenues for the Central and State governments.

The said authorities in their counter affidavit have stated: "It is respectfully submitted that it was a conscious decision of the GST Council to keep petroleum products outside the GST regime at this stage. These products yield significant revenue for both Centre and States."

4. Law Student's Suicide: Husband & Family Move Kerala High Court Seeking Bail [Mohammed Suhail & Ors v. State of Kerala & Anr]

The husband of 2nd year LLB student Mofiya Parveen who died by suicide citing dowry harassment and his family have now approached the Court seeking regular bail in the matter. They were arrested on 25th November and have been in judicial custody since then.

Justice Kauser Edappagath on Friday listed the matter to be taken up after a week by which time the Public Prosecutor has been directed to get instructions.

Also Read: How Will You Restore Her Confidence In Police & Humanity?: Kerala High Court Asks State On Pink Police Officer Harassing Minor

5. 'An Attempt To Persuade Us To Step Into Prohibited Areas' : Kerala High Court Dismisses Plea Seeking Inclusion Of Law In High School Curriculum' [Vinod Mathew Wilson v. Union of India]

The Court dismissed a plea seeking to include law as a subject in the curriculum from secondary and higher secondary classes of all schools with a finding that the syllabus was set considering expert opinions.

A Division Bench comprising Chief Justice S. Manikumar and Justice Shaji P. Chaly opined:

"... the court is not an expert to analyze the issues and the requirements of the community in a larger perspective, and without undertaking any such studies through experts, no direction can be issued to the Central as well as the State Governments to frame a policy in a particular manner...the petitioner is attempting to persuade this Court to step into unwanted and prohibited areas, enjoyed by the law-making agencies of the respective Governments."

6. Compassionate Employment Open Only To Kith & Kin Of 'Govt Servants': Kerala High Court Cancels Appointment Of Late MLA's Son In PWD [Ashok Kumar v. State of Kerala & Ors.]

The Court cancelled the compassionate appointment of R. Prasanth, son of late CPI(M) MLA K.K. Ramachandran Nair in the Public Works Department, ruling that such appointments are only open to kith and kin of government servants, and not MLAs.

Prasanth was appointed as the Assistant Engineer (Electric) in the Public Works Department after his father Nair, a first-time legislator, passed away in 2018 following health issues.

Also Read: Dispute Agreed To Be Resolved By Authority Other Than Arbitrator Becomes Arbitrable If Such Authority Fails To Take A Decision: Kerala High Court

7. Man Cuffed To Station Handrails: Kerala High Court Directs Inspector General To Inform Progress In Investigation [Rajeev K v. State of Kerala & Ors.]

The Court directed the Inspector General of Police to inform the progress of the investigation in the incident where a Dalit man was handcuffed to the handrail of the Police Station merely for asking for the receipt of a complaint he had preferred before the Station.

Upon being appraised that a case had been registered against the responsible Justice Devan Ramachandran was relieved that there was progress in the matter.

8. Headload Workers Act A Relic Of The Past : Kerala High Court [T.P Hardware Centre v The Superintendent of Police & Ors]

The Court while hearing a matter of a firm seeking police protection for its staff from the obstruction caused by headload workers in loading and unloading the goods, remarked that the Kerala Headload Workers Act should ideally not be in force in these modern times.

During the proceedings, Justice Devan Ramachandran orally remarked that the practice of headload work should have been abolished a long time ago.

Also Read: Appointment Of Chief Investigating Officer At Police Complainant Authority To Be Finalised Within Two Months : Kerala High Court To State

9. 'Atrocious': Kerala High Court Admits Plea Against 'Churuli' Movie For Excessive Use Of Abusive Language [Peggy Fen v. Central Board of Film Certification & Ors.]

The Court admitted a writ petition filed against the Malayalam movie 'Churuli' which was recently released on an OTT platform for excessive use of abusive and obscene language.

After a portion of the said movie was played in the courtroom, Justice N. Nagaresh issued notice to all the respondents and orally remarked that the dialogues used in the movie were 'atrocious in nature'.

10. 'Being An Olympian Doesn't Change Anything, Let Police Investigate': Kerala High Court Issues Notice On Mayookha Johny's Plea To Quash FIR Against Her [Mayookha Johny v. State of Kerala]

The Court issued notice on Olympian Mayookha Johny's plea to quash the FIR lodged against her for allegedly raising false rape allegations against C.C. Johnson who serves at the Emperor Emmanuel Church.

When the counsel for the petitioner pointed out that the petitioner is an Olympian, Justice K Haripal orally remarked: "How is that related to the case? That doesn't change anything. Let the Police investigate into the allegations."

Also Read: 'Appeals To Our Judicial Conscience': Kerala High Court Commutes Sentence Of Man Who Killed Uncle Citing Mitigating Circumstances

11. Place A Concrete Decision By Next Posting Date: Kerala High Court Directs State On Decision To Formulate Legislation To End Church Feud [S. Suhas v. Fr. Thomas Paul Ramban]

The Court has directed the State Attorney to confirm if the government is considering bringing about a legislation for the management and administration of the Churches caught in the Orthodox-Jacobite row.

A Division Bench of Justice A. Muhamed Mustaque and Justice Sophy Thomas while granting further time, observed: "We want to see that a concrete decision of the Government is placed before us by next posting. 

12. Kerala High Court Directs State To Widely Broadcast Its Facilities To Enable More Devotees Attend Sabarimala Darshan [Suo Motu v. State of Kerala]

The Court has directed the State and the Travancore Devaswom Board (TBD) to broadly promulgate the facilities recently made available to Sabarimala pilgrims to facilitate entry to more devotees to the temple and to attend darshan therein, in view of the two month pilgrimage season.

Also Read: Sessions Court Not Empowered To Impose Harsher Variety Of Life Sentences: Kerala High Court Reiterates

13. Kerala High Court Slams Child Rights Commission For Ordering 'Psychiatric Treatment' Of Woman Fighting Custody Battle With Her Husband [Balakrishnan v Deputy Inspector of Police & Ors.]

The Court came down on the State Commission for Protection of Child Rights for its decision ordering psychiatric evaluation and treatment of a woman on an application by her husband, with whom she is involved in a custody battle for their two minor children.

In its order, the Division Bench of Justice K Vinod Chandran and Justice C. Jayachandran characterised the order passed by the Commission to be one without jurisdiction.

14. Plea Alleges Prejudiced Investigation Into Sexual Harassment Complaints Against College Professor: Kerala High Court Issues Notice [Dr. Swapna Gopinath v The Principal, Sree Narayana Guru College & Ors.]

The Court has issued notice to the concerned authorities at the Sree Narayana Guru College in a petition alleging biased investigation into sexual harassment allegations levelled by several students against a professor.

Through an interim order, Justice Amit Rawal also stayed the report of the Internal Compliance Committee constituted to investigate the allegations, to the extent that it accused the petitioner of conspiracy.

15. Will Depict Only A Truncated Picture: Plea Assails Sample Survey To Classify EWS Among Forward Communities, Kerala High Court Issues Notice [Nair Service Society v. State of Kerala & Ors]

The Court has admitted a plea filed by the Nair Service Society (NSS) contesting the sample survey designed by the State Commission for Economical Backward Classes Among Forward Communities to ascertain backwardness by collecting details from five economically backward families from each locality.

After admitting the plea, Justice N. Nagaresh issued notice to the State and the Commission in the matter.

Madhya Pradesh High Court

1. Indore Bangle-Seller Who Was Thrashed By Mob Granted Bail By Madhya Pradesh High Court In POCSO Case [Golu @ Tasneem @ Taslim v/s The State of Madhya Pradesh]

The Court granted bail to Taslim Ali, the bangle-seller who was thrashed by a mob in Indore in August 2021 for allegedly concealing his Muslim identity while selling bangles in a locality, in a POCSO case

Ali, who has been accused of sexually harassing a Class 6 student was granted bail by the Bench of Justice Sujoy Paul noting that the nature of the accusation against him is not such which leads to a conclusion that he should remain in custody till the decision in the case.

2. Natural Justice Principles Violated As Sufficient Time To Produce Acquittal Orders Not Provided: MP High Court Quashes Externment Order [Raju @ Pushpendra Bhadoriya v. Collector/District Magistrate, Indore & Ors.]

The Court quashed an externment order passed against a man by holding that natural justice principles were violated as the man wasn't given sufficient time to produce the orders of acquittal in the cases in which he was already acquitted.

The Bench of Justice Subodh Abhyankar also noted that if the man had been given an opportunity to produce the copies of acquittal orders passed in his favor, then the result of the outcome could have been different.

Madras High Court

1. Madras High Court Orders Winding Up Of SpiceJet Ltd, Official Liquidator To Take Over The Company Assets [Credit Suisse AG v. SpiceJet Limited]

The Court has ordered that SpiceJet Limited must be wound up and the assets must be taken over by the official liquidator on the grounds of proved inability of the Airlines to repay its debts.

Justice R. Subramanian was adjudicating a company petition filed by Credit Suisse AG, a Switzerland based Stock Corporation and a creditor, who alleged inability on the part of respondent Airlines to pay the debts owed to the former.

2. Plea Before Madras High Court Seeks Ban On Cryptocurrency Trade Advertisements

A petition before Court seeks a ban on advertisements about cryptocurrency trading in all media platforms until the Government makes proper rules and regulations for Crypto trading.

The Finance Secretary, Cabinet Secretary and the Ministry of Information & Broadcasting have been arraigned as the Respondents to stop advertisements on crypto trade within a fixed time as stipulated by the High Court. The PIL filed on behalf of Advocate Ayyaa states that illegal trading in cryptocurrencies has aggravated money laundering, terrorist financing and extortion activities.

Also Read: Madras High Court Reserves Order On Maintainability Of Plea Challenging AIADMK Intra-Party Elections

3. TN Govt Considering Amendments In Police Conduct Rules To Prevent Harassment Of LGBTQIA+ Community: State Tells Madras High Court [S. Sushma & Anr. v Commissioner of Police & Ors.]

Various government authorities yesterday expressed their willingness before the Court to make amends in their approach towards the LGBTQIA+ community, by conducting sensitization programmes and other steps expedient for the purpose.

The Public Prosecutor informed Justice N. Venkatesh Anand that the State is seriously considering amendments to the Police Conduct Rules to ensure that the Community does not suffer harassment at the hands of any police officer.

4. Air India Disinvestment: Madras High Court Grants Interim Relief To Employees' Union For Retention Of Accommodation, Medical Facilities [Air India Corporation Employees Union v. Union of India & Ors.]

An employee's Union has moved the Court seeking to restrain the Central Government from proceeding further with the process of disinvestment of Air India, until steps are taken to protect the rights of the national carrier's staff.

Justice V Parthiban granted interim relief and restrained the Civil Aviation Ministry from evicting the members of the Petitioner Union from their current accommodation provided by Air India. 

Also Read: Large Scale Food Adulteration: Madras High Court Issues Directions For Food Safety Commissioner To Spread Awareness And Take Swift Action

5. IT Rules 2021: Madras High Court Restrains Coercive Action Against Digital Media Platforms Under IBDF [Indian Broadcasting & Digital Foundation v. Ministry of Electronics and Information Technology & Ors]

The Court has restrained the Central Government from taking any coercive action under the IT Rules 2021, against digital media platforms that are members of the Indian Broadcasting and Digital Foundation, including Sun TV Network.

The development comes in a writ petition preferred by the Foundation challenging the Code of Ethics in relation to digital media platforms under Part III of the 2021 Rules.

6. 'Non-Application Of Mind, Impounding Over A Private Complaint Without Any Rhyme Or Reason': Madras High Court On Impounding Of Leena Manimekalai's Passport [Leena Manimekalai v. Regional Passport Officer, Susi Ganesan v. Leena Manimekalai]

The Court has recently ordered the release of filmmaker Leena Manimekalai's passport impounded over the pendency of criminal defamation proceedings against her.

A single-judge bench of Justice M. Dhandapani ordered the Regional Passport Office, Chennai to release Manimekalai's Passport within one week on receipt of court order.

Also Read: Copyright Act: 'Business Of Issuing Licenses Can Be Routed Only Through Copyright Societies U/S 33'; Madras HC Dismisses Suits Filed For Violation Of Licensing Rights

7. Alleged Corruption In Construction & Desilting Of Storm Water Drains: Madras HC Dismisses Plea For Constituting SIT To Prevent Misuse Of Public Funds [A.P. Suryaprakasam v. the Chief Secretary To Government Of Tamil Nadu & Anr]

In a public interest litigation filed for instituting a special investigation team to prevent the criminal misuse of public funds for construction and desilting of drains in Chennai, Court has dismissed the same for want of clarity.

A Division Bench of Justices T. Raja and D. Bharatha Chakravarty observed that the petitioner has not listed in the representation made to the Chief Secretary and Commissioner of Chennai Corporation about the places/ streets where there is water stagnation, and where the dengue disease emanates from

8. Madras High Court Bats For Common Cremation/ Burial Grounds Without Caste Segregation, Suggests Penal Action Against Any Violation [B. Kalaiselvi & Anr.v. The District Collector & Others]

In a plea filed for assigning a permanent burial ground for the members of Arunthathiyar Community, the Court has recently held that segregation of burial ground for a particular caste/ community cannot be endorsed by the Court.

Also Read: Sitting During Tamil State Song 'Tamil Thai Vaazhthu' Not Disrespect: Madras High Court On Kanchi Seer's Conduct

9. Death Of Dalit Youth In Tamil Nadu: 'Prima Facie Indicates Suicide, Investigation So Far Satisfactory': Madras High Court Refuses Case Transfer To CBI [Suman Anand.S v. The State Of Tamil Nadu & Others]

The Madurai bench has refused to transfer investigation on the death of Dalit youth in Kanyakumari to Central Bureau of Investigation (CBI). While pronouncing the order today, the court also noted that the evidence collected prima facie indicates that the deceased committed suicide and the investigation done by Bothapandi Police so far is satisfactory.

10. Encroachment Of Water Bodies: Madras High Court Summons TN Chief Secretary Over Inaction In Preparing The List Of Water Bodies Across The State

In a matter pertaining to the illegal encroachments of water bodies, the Madras High Court has come down heavily on the concerned officers for not complying with the previous High Court Order for enumeration of water bodies across the state.

The first bench of Acting Chief Justice Munishwar Nath Bhandari and Justice PD Audikesavalu was hearing a suo moto petition that was registered pursuant to the apex court directions in reference to the encroachment of water bodies in the state and connected matters.

Also Read: Manual Scavenging: Madras High Court Directs State To Submit Report On Compensation Paid And Rehabilitation Measures Taken In Four Weeks

11. NCERT Withdrawing Transgender Children Inclusion Report Due To "Pressure Tactics" Unfortunate : Madras High Court [S. Sushma & Anr. v Commissioner of Police & Ors.]

The Court has recently expressed its dismay and anguish on the taking down of National Council Of Educational Research And Training (NCERT) Report on gender non-conforming and transgender children from its Official Website. The report titled 'Inclusion of Transgender Children in School Education: Concerns and Roadmap' was taken down within hours of its publishing, owing to external pressure.

Rajasthan High Court

1. Rajasthan High Court Issues Notice On Plea Against Denial Of Physical Hearing By NCLT Jaipur Bench [Dalas Biotech Ltd. v. Farmasino Pharmaceuticals]

The Court issued notice to the Jaipur Bench of the National Company Law Tribunal (NCLT) while adjudicating upon an appeal against an order of the NCLT refusing the petitioner's request to allow physical hearing.

Justice Ashok Kumar Garg was apprised by the counsel appearing for the petitioner that the petitioner's application for seeking physical hearing of the case had been dismissed by the NCLT on the ground that there is no Standard Operating Procedure laid down for physical hearings with respect to the infrastructure and facilities available at the Jaipur bench of NCLT.

Orissa High Court

1. Specify Steps Taken To Implement Manual Scavenging Prohibition Act In Letter & Spirit: Orissa High Court To State Govt [In Re: Deaths of Sanitation Workers]

The Court has asked the State to file an affidavit specifying steps it has taken so far to implement the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act (PEMSR Act), 2013.

The Bench of Chief Justice Dr. S. Muralidhar and Justice A. K. Mohapatra also sought to know from the Collector of Puri as to whether there is awareness among the local population of the binding provisions of the PEMSR Act as well as the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993 (EMSCDLP Act).

Patna High Court

1. Liquor Syndicates In Bihar- Patna High Court Expresses Displeasure Over State Police Inaction, Issues Slew Of Directions

The Court expressed its displeasure over Bihar Police's inaction against liquor syndicates that are thriving in the State of Bihar and has issued a slew of directions in that regard.

Recently, the Bench of Justice Sandeep Kumar was hearing 3 bail pleas when it remarked that in all the cases, a huge amount of illicit liquor and spirit has been recovered and still, the local police of those districts did not take any interest in arresting all the accused persons.

2. Plea Filed Before Patna HC Challenging Recruitment Process Of Department of Excise, Prohibition and Registration, Bihar Gov That Allowed Only CNLU Graduates To Apply [Anupam Prabhat Shrivastava v. State of Bihar]

A petition has been filed before the Court challenging the notification dated December 1, 2021 wherein 31 appointments had been made to the post of Legal Consultant by the Department of Excise, Prohibition and Registration, Government of Bihar on the ground that such a recruitment process was discriminatory as it allowed only law graduates from the Chanakya National Law University, Patna (CNLU) to apply for the post.

Also Read: Patna High Court Starts Live Streaming Of Court Proceedings On YouTube

3. "Entire Dept Protecting Custodial Death Accused Police Personnel": Patna High Court Denies Pre-Arrest Bail To Policeman [Arun Kumar v. State of Bihar]

Observing that the entire police department is protecting the police personnel who are accused of causing the custodial death of 2 persons, the Court rejected the anticipatory bail plea filed by a policeman accused in the matter.

The Bench of Justice Sandeep Kumar made this observation as it noted that despite the fact that the custodial death case is of the year 2019, the accused police personnel had not been arrested.

Punjab & Haryana High Court

1. Recording Wife's Telephonic Conversation Sans Her Knowledge A Clear-Cut Infringement Of Her Privacy: Punjab & Haryana High Court [Neha v. Vibhor Garg]

The Court recently observed that recording of the telephonic conversation of the wife without her knowledge is a clear-cut infringement of her privacy.

With this observation, the Bench of Justice Lisa Gill set aside the order of a Family Court allowing the husband to prove the telephonic conversation between him and his wife in a divorce suit (U/S 13 of the Hindu Marriage Act, 1955) to make out a case of cruelty against his wife.

2. Punjab & Haryana High Court Issues Notice On Plea Challenging Haryana State's Law On 75% Job Quota For Locals In Pvt Sector

A petition challenging the vires of the Haryana State Employment of Local Candidates Act 2020 has been moved by the Faridabad Industries Association (FIA) before the Punjab and Haryana High Court.

It may be noted that the Haryana State Employment of Local Candidates Act 2020, which was notified on November 6, 2021, seeks to provide 75 percent reservation for local candidates in private sector jobs that offer a salary of less than Rs 30,000 a month. The Act is scheduled to come into effect on January 15, 2022.

Uttarakhand High Court

1. Uttarakhand High Court Dismisses PIL Filed Against Use Of Siren By An MLA, His Family Members With ₹50K Cost [Umesh Kumar v. State of Uttarakhand and others]

The Court dismissed a Public Interest Litigation (PIL) petition filed against the use of siren by a Member of Legislative Assembly of the State and his family members with 50,000/- cost.

Essentially, the petitioner, one Umesh Kumar had filed the instant PIL aggrieved by the use of siren by a Member of Legislative Assembly of the State (a sitting MLA, who was elected in the year 2017) and his family members.