High Courts Weekly Roundup [September 6, 2021 To September 11, 2021]

"Natural Justice Principles Violated": Allahabad HC Quashes Govt Order Cancelling Retailer's License For Selling Beef, Hurting Sentiments (Ikrar Husain v. State of Uttar Pradesh and Ors.)

The High Court quashed an order of a Food Safety Officer who canceled the retailer license of a man, named Ikrar Husain, obtained under the Food Safety and Standards Act, 2006 which was otherwise valid up to January 21, 2022. The Ground for the cancelation of the license was that the petitioner, Husain, a retailer, was doing the business of selling buffalo meat, thereby hurting the sentiments of a particular community.

Also Read: "Land Encroached; Mosque Construction Inside University Premises Not Justified": Allahabad HC Dismisses Azam Khan's Trust Plea Challenging UP Govt Proceedings Against It

PMS Doctors Retired Prior To August 24, 2009 Entitled To Revised 'Non-Practicing Allowance': Allahabad HC Quashes UP Govt Order (Dr. Avinash Chandra Srivastava & Ors v. State of Uttar Pradesh & Ors.)

The High Court quashed an Uttar Pradesh government order denying revised NPA (Non-Practicing Allowance) benefit to provincial medical service (PMS) doctors retired prior to 24 August 2009 and directed it to refund the NPA amount recovered in pursuant to Government order, within a period of three months.

In response to the State's argument that there are financial constraints in extending the revised NPA benefits to the petitioners, the Bench of Justice Alok Mathur emphasized that the State was duty-bound to pay the statutory dues of the employees cannot avoid its liability citing financial constraint.

"Authorities Issuing 'Goondas Act' Notice In Matrimonial Disputes": Allahabad HC Seeks Govt Reply On Misuse Of Law By DM/ADM/Police (Shiv Prasad Gupta v. State Of U.P. And 3 Others)

Hearing a case wherein a show-cause notice had been served to a man under the Uttar Pradesh Control of Goondas Act, 1970 in a matrimonial dispute, the High Court last week sought the Uttar Pradesh Government's response on the 'misuse' of Law.

The Bench of Justice Surya Prakash Kesarwani and Justice Piyush Agrawal was hearing the Criminal Writ plea of one Shiv Prasad Gupta, against whom a case had been registered under sections 498-A, 354, 323, 504, 506 & 120-B IPC and sections 3/4 of Dowry Prohibition Act by his wife.

NSA Invoked For FB Post On 'Babri Masjid': "Detention Justified But Delay In Disposing Representation": Allahabad HC Quashes Detention Order (Mohd. Faiyyaz Mansuri Thru. Brother Mohd. Siraj v. Union Of India Thru. Secy. Min. Of Home N.Delhi & Others)

The High Court quashed a detention order passed by the DM, Lakhimpur Kheri under the National Security Act, 1980 against a man for his alleged Facebook post on Babri Masjid ("Babri Masjid will one day be rebuilt, just like Turkey's Sophia Mosque was rebuilt", the accused had posted on FB).

The Bench of Justice Ramesh Sinha and Justice Saroj Yadav was hearing the habeas corpus plea of one Mohd. Faiyyaz Mansuri and found justification in his detention by the Detaining Authority, however, quashed the same on the ground that there had been a delay in disposing of his representation by the Union Government.

The Menace Of Fake, Fabricated & Orchestrated News Is Harming Our Society: Allahabad High Court (Vishnu Kumar Srivastava (Petitioner In person) v. State Of U.P.Thru Addl.Chief Secy. Information Lko & Ors)

The High Court observed that the menace of fake, fabricated, and orchestrated news is causing harm to society.

The Bench of Justice Devendra Kumar Upadhyaya and Justice Abdul Moin observed this while hearing a plea seeking an appropriate direction to the State authorities for framing guidelines to regulate various news media so that the tendency to spread fake, fabricated, and orchestrated news, may be curbed.

Also Read: Courts Should Be Cautious That Under Allegation Of Marriage, Victim Isn't Used As Shield To Escape From Offences By Accused: Allahabad HC

UP Police Transfers Investigation Of Case Under 'Anti-Love Jihad Law' To Karnataka Police: Allahabad HC Stays Order, Seeks State's Response (Mrs. Umme Kulsum v. State Of U.P. Thru. Prin. Secy. Home & Ors).

The High Court stayed an order passed by the Uttar Pradesh Police transferring an investigation into an 'Anti-Love Jihad Law' matter [U.P. Prohibition of Unlawful Religious Conversion Ordinance, 2020] to Karnataka Police and called for a response from the State Government.

The Bench of Justice Ramesh Sinha and Justice Saroj Yadav was hearing the plea of a lady, Umme Kulsum, who sought quashing of an order passed by the Police Commissioner, U.P., Lucknow transferring the investigation in a case registered under UP Anti-Love Jihad Law, among others, to the Commissioner of Police, Banglore City.

Also Read: Petitions Filed Before HC In The Name Of Deceased Advocate: Allahabad High Court Directs Registrar General To Lodge FIR

Gyanvapi Mosque Dispute: Allahabad High Court Stays Varanasi Court's ASI Survey Order & Other Proceedings (U.P Sunni Central Waqf Board vs. Ancient Idol Of Swayambhu Lord Vishweshwar And 5 Others)

The High Court stayed the Suit, including the Varanasi lower court order in the Gyanvapi-Kashi land dispute case, wherein it had directed the Archaeological Survey of India (ASI) to conduct a survey of the Mosque complex.

The Bench of Justice Prakash Padia today observed that the Varanasi court should not have proceeded and decided the application filed for survey by Archaeological Survey of India in view of the fact that the verdict in the petitions were pending before the High Court.

Custodial Death Of 24-Yr-Old Man- "Prima Facie IPS Rank Officials Involved In Murder/Death": Allahabad High Court Transfers Probe To CBI (Ajay Kumar Yadav Respondent:- State of U.P. and Another)

The High Court transferred a probe into the alleged custodial death of a 24-year-old man to the Central Bureau of Investigation (CBI) as it prima facie found that officers of the I.P.S. rank have some involvement in the murder/death of the deceased.

The Bench of Justice Surya Prakash Kesarwani and Justice Piyush Agrawal transferred the probe while underscoring that if the investigation is neither effective nor purposeful nor objective nor fair, the courts may, if considered necessary, order fair investigation, further investigation or reinvestigation as the case may be to discover the truth so as to prevent miscarriage of justice.

Also Read: Inter-Religious Marriage- "Woman Major, Has Right To Choose Her Partner": Allahabad HC Quashes FIR U/S 366 IPC Against Husband

Also Read: How Public Land Will Be Saved From Unauthorized Construction In Name Of Religious Places: Allahabad High Court Asks UP Govt

Also Read: Union Of India Not Being Represented Properly Before Court In UP: Allahabad High Court Issues Notice To ASGI

High Court Can't Refer Legal Issues To Supreme Court Either For Its Guidance Or Indulgence: Allahabad High Court (Sanjiv Gupta v. State Of U.P. And Anr.)

The High Court observed that there is no provision under any law for the High Court to refer legal issues to the Supreme Court either for its guidance or for any kind of indulgence. The Bench of Justice Vivek Agarwal was hearing a criminal revision seeking relief that the matter be sent the case to the Supreme Court of India for appropriate action.

Despite Good Intention Of State & Central Govts To Keep It Clean, River Ganga Is Still Polluted: Allahabad High Court (Mahant Madhu Mangal Sharan Daas Shukla v. Union Of India And 11 Ors)

The High Court observed that despite the good intention of the State government as well as Central Government to keep Ganga clean, and diversion of huge amount for this purpose, the polluted water still exists. The Bench Acting Chief Justice Munishwar Nath Bhandari and Justice Anil Kumar Ojha was hearing a plea seeking to highlight the problem of sewerage and trade effluent flowing into the Ganga river.

Also Read: Allahabad HC Grants Anticipatory Bail To Man Who Allegedly Performed Nikah On Facebook Call & Thereafter Disowned Woman

Bombay High Court

Sachin Waze Used Extortion Money To Fund Terror Threat to Ambani Family :NIA Chargesheet (Sachin Hindurao Waze & Ors v. NIA)

Dismissed Assistant Police Inspector Sachin Waze used money he collected through extortion to execute the terror threat to businessman Mukesh Ambani's family and eliminate Mansukh Hiran, a "weak link" in the conspiracy, the NIA alleged in its charge sheet. The agency claimed that the motive behind Waze's alleged crime was to re-establish himself as a "super cop" to regain lost glory following his reinstatement in the Mumbai Police force in 2020, after 16 years.

Breaking: Bombay High Court Dismisses Kangana Ranaut's Plea To Quash Defamation Case Proceedings Initiated By Javed Akhtar (Kangana Ranaut v. The State of Maharashtra)

The High Court refused to quash the defamation proceedings against actor Kangana Ranaut initiated on lyricist Javed Akhtar's complaint. The court reserved orders on Ranaut plea on September 1. Akhtar has accused Ranaut of damaging his "immaculate reputation" by dragging his name in actor Sushant Singh Rajput's death in her interview with Republic TV Anchor Arnab Goswami, on July 19, 2020.

Also Read: Magistrate Applied Mind While Initiating Defamation Proceedings'Against Kangana Ranaut On Javed Akhtar's Complaint : Bombay High Court

Prisoner Doesn't Cease To Be A Human Being, Can't Be Deprived Of Right To Life : Bombay HC Allows Palliative Care Plea Of Alleged Naxal (Nirmala Kumari Uppuganti vs State of Maharashtra)

A prisoner doesn't cease to be a human being to be deprived of his right to life guaranteed under Article 21 of the Constitution, the High Court has observed. The bench of Justices SS Shinde and NJ Jamadar observed thus while directing blast accused and alleged Naxal - Nirmala Uppuganti–to be shifted to a hospice from her cell at Byculla Women's Prison. The court directed prison officials to transfer her to the Shanti Avedna Hospice by September 15 and directed them to take her to Tata Memorial Hospital as and when required.

Hindu Remarried Widow Has Right To Deceased Husband's Property If She Wasn't Remarried On The Day Succession Opens: Bombay High Court (Jaiwantabai Wankhade v. Sunanda & Ors)

The Nagpur bench of the High Court has held that a re-married widow has a right to her deceased husband's property, if she was not re-married when the husband passed away. The term used by the Court to describe this situation was "the day the succession opens." A single-judge bench of Justice SM Modak passed an order passed last month, after discussing the provisions of Hindu Succession Act, 1956 and the Hindu Widows' Re-marriage Act, 1856 (which was repealed in 1983).

Candlelight Vigil Against Delhi Riots : Bombay High Court Questions Invocation of Sections Attracting Imprisonment Against Protesters (Vikram Gurbir Singh vs State of Maharashtra] (through Sr PI Shivaji Park Police Station)

The High Court gave Maharashtra Government a final opportunity to respond to a plea challenging charges under the Maharashtra Police Act against participants of a solidarity gathering in Mumbai against the Delhi riots last year. The 16 petitioners were accused of defying the Deputy Commissioner of Police's (DCP) prohibitory order of February 18 against assembling when they gathered for "a candlelight vigil" at Dadar on February 26, 2021.

Also Read: Rashmi Shukla Has No Locus, Her Plea to Quash Phone Tapping FIR Not Maintainable : Maharashtra Govt to Bombay High Court

Deposition Of Child Witness 'Tutored': Bombay High Court Acquits Accused In POCSO Case (Janaradhan Pandurang Kapse v. State of Maharashtra)

Observing that a child witness, by reason of his/her tender age, is a pliable witness and is amenable to tutoring and inducement, the Bombay High Court has acquitted a man convicted for raping a victim less than five year old.

Justice Anuja Prabhudessai, disbelieving the child witness testimony before the trial court, as well as casting doubt on the child's mother's deposition, observed,

"It is well known that a child witness, by reason of his/her tender age is a pliable witness. He/she is amenable to tutoring and inducement and is often prone to telling imaginative and exaggerated stories. Hence the evidence of a child witness needs to be scrutinized with extreme care and caution."

"Blatant Mockery Of Fundamental Right": Bombay High Court On Plight Of Villagers Getting Water Supply Twice A Month For Two Hours (Shobha Vikas Bhoi & Ors. Vs The State of Maharashtra & Ors)

Regular water supply is a fundamental right, the High Court observed upon being apprised about the plight of some villagers in Thane, outside Mumbai, who are being provided with water only twice a month, for two hours. A division of Justices SJ Kathawalla and Milind Jadhav took strong exception against authorities that failed to remove over 300-400 illegal water connections and stated, this is a "blatant mockery of their (Petitioners) fundamental right."

Also Read: First We Are Human Beings, Then Judges' : Bombay HC Judge Says Reserving Order On Terminally Ill Prisoner's Plea For Palliative Care

Bombay High Court Directs Shifting Of Terminally Ill Undertrial Prisoner In Naxal Blast Case To Hospice For Palliative Care (Nirmala Kumari Uppuganti v. State of Maharashtra

The High Court allowed a terminally ill prison inmate suffering from stage four cancer to take palliative care or pain management at a hospice in Mumbai. A division bench of Justices SS Shinde and NJ Jamadar directed officials to shift Nirmala Kumari Uppunganti (59), accused in the 2019 Gadchiroli IED Blasts, from Byculla Women's prison to the Shanti Avedna Sadan hospice in Bandra by September 15.

Calcutta High Court

Can Wife Claim Maintenance After Mutual Consent Divorce And Mutually Agreed Payment Of Lumpsum As Final Settlement? Calcutta HC Refers Matter To Larger Bench (Payal Bag & Others v. State of West Bengal & Others)

The High Court referred to a larger Bench the legal issue as to whether a wife can claim maintenance under Section 125 of the Code of Criminal Procedure (CrPC) after the marriage has been dissolved by a divorce decree on mutual consent under Section 13B of the Hindu Marriage Act and the payment of a lump sum amount has been made to the wife as full and final settlement for past, present and future maintenance.

Also Read: Total Disrespect To The Court Which Is A Dangerous Trend': Calcutta HC Imposes Rs 3.8 Lakh Costs On WB Primary Education Board President

Bias And Malicious Prosecution Cannot Be Ruled Out': Calcutta HC Stays Three Cases Registered Against BJP MLA Suvendu Adhikari, Orders No Coercive Action (Suvendu Adhikari v. The State of West Bengal & Ors

The High Court has extended interim relief to BJP MLA and Leader of the Opposition in West Bengal Assembly Suvendu Adhikari in the context of Crime Investigation Department (CID) summons in connection with the probe into the death of his bodyguard Subhobrata Chakraborty. Earlier today Adhikari had been summoned by the CID to its headquarters in Bhabani Bhawan in connection with the death case of his bodyguard but he had refused to turn up for the questioning citing that he was busy.

Also Read: Calcutta High Court Rejects Mukul Roy's Request For Long Adjournment Saying He Was Seen In TV Interview Recently

Also Read: Plea Filed In Calcutta HC To Direct Advocate General To Decide On Sanction For Contempt Against Derek O'Brien, Ashok Deb

Basic Education & Maturity Required Before Following Any Political Ideology': Calcutta HC While Granting Stay On Rustication Of 3 Visva Bharati University Students (Visva Bharati and another v. State of West Bengal & Ors)

The High Court imposed an interim stay on the rustication order of three students of Visva Bharati Univeristy (VBU) and permitted them to join classes and participate in other academic activities.

Sonmnath Sow, Falguni Pan and Rupa Chakrabortty had been expelled for three years on August 23 by the university authorities for participating in a campus protest in January this year. Their rustication had sparked widespread protests on campus that also saw the participation of a section of the faculty. The demonstrators had even staged a protest outside the residence of the Vice Chancellor Bidyut Chakroborty and had subsequently demanded his resignation.

Desire Of Aggrieved Woman To Not Pursue Sexual Harassment Case Must Be Respected': Calcutta High Court Stalls Proceedings Against University Professor (Angshuman Kar v. State of West Bengal & Ors)

The Calcutta High Court on Tuesday observed that if a woman refuses to press sexual harassment charges and gives it in writing to the members of the Internal Complaints Committee (ICC), the her decision must be respected. In the instant case, the petitioner who is professor in the University of Burdwan had moved the High Court challenging the order of debarment levelled against him for allegedly sexually harassing a university student.

Constitutional Convention Is To Appoint Opposition Leader As PAC Chairman' : BJP MLA Ambika Roy Argues Before Calcutta High Court In Case Against Mukul Roy (Ambika Roy v. The Speaker, West Bengal Legislative Assembly and Ors)

The High Court heard extensive arguments from senior advocate C.S Vaidyanathan appearing on behalf of BJP MLA Ambika Roy and senior advocate Anindya Kumar Mitra appearing on behalf of TMC MLA Mukul Roy in the plea challenging the appointment of Mukul Roy as the Chairman of the Public Accounts Committee (PAC) of the West Bengal Legislative Assembly.

On July 9, Mukul Roy had been appointed as the Chairman of PAC by the Speaker of the West Bengal Legislative Assembly for the year 2021-2022. The plea filed before the Court had contended that on June 11, without officially resigning from the BJP or as the MLA of Krishnanagar Uttar constituency, Mukul Roy had defected to the TMC party on June 11, 2021.

Also Read: Court Cannot Inquire Into Proceedings Of Legislature Under Article 212': TMC MLA Mukul Roy Argues Before Calcutta High Court

Also Read: "Absurd Allegation": Calcutta High Court Quashes FIR Against Journalist For His Tweet Questioning Govt's COVID Quarantine Policy

Also Read: PIL Moved In Calcutta HC Challenging ECI's Decision To 'Prioritise' Bhowanipore Bye-Election

Chhattisgarh High Court

Offence Of Extortion Not Made Out In Absence Of Delivery Of Property: Chhattisgarh High Court (Shatrughan Singh Sahu v. State of Chhattisgarh & Ors.)

The High Court has held that to make out a case of 'extortion' punishable under Section 384 IPC, the prosecution must prove that on account of being put in fear of injury, the victim voluntarily delivered any particular property to the accused.

Justice Narendra Kumar Vyas remarked that if there were no delivery of property, then the most essential ingredient for constituting the offence of 'extortion' would not be available. He further remarked that if a person voluntarily delivers any property without any fear of injury, then also an offence of 'extortion' cannot be said to have been committed.

Delhi High Court

Delhi High Court Transfers Probe Into Alleged Murder Of Tihar Inmate Ankit Gujjar To CBI (Geeta & Ors v. State & Ors.)

The High Court transferred the probe into 29 year old Tihar Jail inmate, Ankit Gujjar's alleged murder inside the jail premises, from Delhi Police to Central Bureau of Investigation (CBI).

The order was pronounced by a single bench of Justice Mukta Gupta who had reserved orders earlier this month on the plea.

"Investigation of FIR 451 of 2021 to be transferred to CBI. Further status report of investigation to be filed by CBI before this Court on next date of hearing," said the Court while pronouncing order.

"Right Of Access To Justice Gravely Hampered Due To Pandemic; Take Expeditious Steps For Hybrid Courts Infrastructure": High Court To Delhi Govt (Anil Kumar Hajelay & Ors. High Court of Delhi)

Observing that citizens' right of access to justice has been gravely hampered due to the ongoing Covid-19 pandemic, the High Court directed the Delhi Government to take expeditious steps for providing infrastructure and other facilities for hybrid hearings in district courts and quasi-judicial bodies in the national capital.

Justice Vipin Sanghi and Justice Jasmeet Singh also clarified that in case the said proposal is turned down by the Delhi Government, it will place before the Court complete statement of expenditure incurred by it April 1 onwards, on the grant of subsidies and public advertisements.

Also Read: Delhi High Court To Hear Plea Challenging Delhi Govt's Guidelines Banning Cross Gender Spa & Massage Services On September 20

Also Read: "Don't Have To Be So Sensitive In Politics": Delhi HC Refuses To Interfere With Single Judge's Order In Kailash Gahlot's Defamation Plea Against BJP MLA

Also Read: Maintenance And Renovation Of Kalkaji Temple Complex- High Court Seeks Response Of Delhi Government, SDMC

Position Of Office Bearers Highly Disputed': Delhi High Court Denies Permission To Akhil Bharat Hindu Mahasabha To Contest Assembly Elections (Swami Chakrapani vs Election Commission of India)

The High Court has dismissed a petition filed by Swami Chakrapani, claiming to be the President of Akhil Bharat Hindu Mahasabha, and seeking a direction to the Election Commission of India to permit the party's office bearers to contest Assembly elections in several states.

Noting that the factum of Chakrapani occupying the said position is highly disputed, a Division Bench of Chief Justice DN Patel and Justice Jyoti Singh said it cannot pass the orders allowing the aforesaid reliefs.

No Foreign National Outside UNHRC Office': High Court Closes Plea Concerning Gathering Of Afghan Nationals Amid Covid (Vasant Vihar Welfare Association v. Union of India)

Taking note of the stand taken by the Delhi Government that the Afghan nationals who were protesting outside the UNHRC Office have been removed, the High Court closed the plea against the alleged gathering and squatting of a large number of foreign nationals in Delhi's Vasant Vihar area, seeking asylum.

Justice Rekha Palli however granted liberty to the petitioner, Vasant Vihar Welfare Association, to approach the Court in future in case the need arises.

Delhi High Court Seeks NHRC's Response Over Alleged Inaction On Complaint Against WB Police Excesses During 'Nabanna Chalo' Rally

The High Court sought response of the National Human Rights Commission (NHRC) on a plea filed by a BJP volunteer, aggrieved by the Commission's alleged inaction in responding to his complaint over alleged police atrocities in West Bengal during 'Nabanna Chalo' Rally on 8th October 2020. Justice Rekha Palli issued notice on the petition moved by one Rohit Verma. The notice is returnable on November 10.

Also Read: Plea In High Court Seeks Directions On Delhi Govt To Permit Visitors In Religious Places Subject To Covid-19 Protocols

Also Read: High Court Seeks Centre's Response On Plea For Quashing Delhi LG's Order Staying GNCTD's Doorstep Ration Scheme

Delhi High Court Directs Google, Facebook To Block Websites, Domain Names Infringing 'AAJ TAK' Trademark (Living Media India Ltd. & Anr v. www.news-aajtak.co.in & Ors)

The High Court has directed Google and Facebook to block or suspend certain websites and domain names for infringing trademark 'AAJ TAK'. Justice Suresh Kumar Kait extended the interim injunction order passed in September last year in the matter to be applicable to such websites and domain names wherein the Court was of the view that the plaintiff company had established a prima facie case in it's favour.

Also Read: Baseless Allegations': Delhi High Court On Plea Challenging System Of Awarding Gallantry Medals To Armed Forces As Arbitrary

Also Read: Personal Appearance For The Purpose Of Seeking Registration Of Marriage Would Include Video Conferencing: Reiterates Delhi High Court

Also Read: After Supreme Court, Delhi High Court Also Refuses To Hear Plea Against GNCTD Organising Ganesh Chaturthi

Also Read: "Delhi Police Failed In Performing Public Duty, Cannot Be Trusted To Do Investigation Into Their Own Affairs": Asif Iqbal Tanha To HC In Media Leak Case

Delhi High Court Denies Permission To Accused For Going To Afghanistan; Says Bleak Chance Of Returning Under Prevailing Circumstances Of The Country (Ruhulla Amin v. Sh. Amit Kumar Air Customs Officer)

Taking note of the prevailing circumstances in Afghanistan resulting from Taliban's takeover, the High Court has refused to permit an Afghan National, accused in connection with a customs case, to return to his country to look after his family. The Court observed that if permitted, the chances of the accused being able to return are very bleak. Justice Mukta Gupta denied relief to a man who had taken the plea that his first wife was killed by terrorists and that he has to take care of his family including 11 children.

Also Read: Will Open Pandora Box, Approach Consumer Court': Delhi High Court Disposes Plea Alleging Dead Rat In Amul Buttermilk Packet

Also Read: Prepared List Of Persons Entitled To Ex Gratia Compensation Of 50K For Deaths Within Family Due To Covid 19, Related Issues: Delhi Govt Informs High Court

Also Read: Delhi HC Asks Centre, Cyber Cell, Google To Take Steps For Removing Links Carrying Objectionable Photos, Videos Of Woman From Internet

[Espionage Case] 'Any Disclosure During Proceedings May Be Prejudicial To Safety Of State': ED Seeks In-Camera Hearing In Rajeev Sharma's Bail Plea (Rajeev Sharma v. Enforcement Directorate)

The Enforcement Directorate has moved an application before the Delhi High Court seeking in camera proceedings in the bail plea moved by freelance journalist Rajeev Sharma in connection with a case alleging that he supplied confidential information to Chinese Officials, in exchange of remuneration.

It has been submitted by the Enforcement Directorate that any disclosure during the course of proceedings relating to an offence under the Official Secrets Act, 1923 would be prejudicial to the safety of the State.

Also Read: Delhi High Court Seeks CBI's Response In Bail Plea Filed By Anil Deshmukh's Lawyer Anand Daga In Alleged Document Leakage Case

Also Read: Delhi High Court Seeks Centre's Response On Widow's Plea Seeking Ex-Gratia Compensation On Account Of Husband's Death Due To COVID-19

Also Read: UIDAI Opposes Plea In Delhi High Court Seeking Mechanism For Issuing New Aadhar Numbers To Existing Users

High Court Issues Directions For Conducting Delhi Capital Badminton Assn Elections (Delhi Capital Badminton Association v. Union Of India & Ors.)

The Court has issued directions for the purpose of conducting elections for Delhi Capital Badminton Association after observing that the ultimate aim of the said exercise is to ensure that the elections are conducted in a smooth manner.

Justice Pratibha M Singh, who directed the Returning Officer to fix a date of election on or before 30th September, also called for a report to be filed by the Officer by October 15.

High Court Grants Two Weeks Time To Delhi Govt For Deciding Implementation Of Chief Minister's Assurance On Rent Payment For Poor [NAJMA v. GNCTD]

The Court granted two weeks time to the Delhi Government for deciding the implementation of assurance given by Chief Minister Arvind Kejriwal that the State would pay rent on behalf of tenants if they are unable to do so due to poverty.

Justice Rekha Palli was hearing an application filed by daily wage labourers/ workers who were unable to pay their monthly rent, seeking directions on the Delhi Government to take a decision as per the judgment delivered in the matter. The said application has been filed through Advocate Gaurav Jain.

Gauhati High Court

Second Marriage Contracted By Muslim Man With A Hindu Woman Under Special Marriage Act Is Void: Gauhati High Court

The Court observed that section 4 of the Special Marriage Act does not save a second marriage contracted by a Muslim male with a Hindu woman, and thus it would be void.

As per Section 4 of the Special Marriage Act, one of the conditions relating to solemnization of special marriages, is that neither party should have a spouse living.

'Last Chance' 'Costs Will Be Imposed': Gauhati HC Raps State Govt For Non-Compliance With Directions on Benefits For Transgender Community [Swati Bidhan Baruah v. State & Ors.]

The Court has cautioned that it would impose costs on the State government if it failed to comply with the Court's earlier directions regarding the establishment of a special ward for the transgender community in the Guwahati Medical College and Hospital as well as furnishing of details regarding the benefits given to transgenders under various government schemes.

A division Bench comprising Justice N. Kotiswar Singh and Justice Manish Choudhury was adjudicating upon a plea moved by by transgender activist Swati Bidhan Baruah, raising several issues faced by members of the said community in accessing health and medical facilities.

Gujarat High Court

"Marital Dispute Given 'Love-Jihad' Angle By Religio-Political Groups": Wife, Husband Move Gujarat HC To Quash FIR Under 'Anti-Love Jihad' Law [Divyaben v. State Of Gujarat]

The Court sought the response of the State Government which objected to a joint plea filed by an Interfaith married couple seeking quashing of an FIR under the Gujarat Freedom of Religion (Amendment) Act, 2021 ['Anti Love Jihad' law] allegedly registered by the Wife against her husband.

The woman categorically submitted before the Court that the FIR had been registered by Police bringing in the Love-Jihad angle on their own and that it contained grossly incorrect and untrue facts, particularly regarding the allegations of forceful conversion.

Jammu and Kashmir High Court

"Young Police Officer Lynched To Death By Mob Putting Humanity, Spirit Of Kashmiriyat To Shame": Jammu & Kashmir HC Denies Bail To Accused [Peerzada Mohammad Waseem v. Union Territory Of J&K]

The Court has denied bail to a man accused of lynching a Deputy S.P. of 3rd Battalion Security after observing that his act has put humanity and spirit of Kashmiriyat to shame.

Calling it a heinous and serious offence, Chief Justice Pankaj Mithal and Justice Sanjay Dhar observed:

"It is a case where a young police officer has been lynched to death by a mob of miscreants of which the appellant is alleged to be a part, thereby putting the humanity in general and spirit of Kashmiriyat in particular to shame. Bail in such heinous and serious offences cannot be granted as a matter of course."

Prosecutrix Indulged In Sexual Relations With Two Persons In Same Year On Alleged Promise Of Marriage: J&K High Court Quashes Rape FIRs [Suresh Kumar & Anr v. Union Territory of Jammu & Kashmir & Anr.]

The High Court recently quashed two FIRs lodged by the same woman against two men, alleging rape on the pretext of false promise to marry.

From the facts and material produced before the Court, Justice Rajnesh Oswal found that the prosecutrix had indulged in sexual relationship with two persons on the promise of marriage in the year 2018.

Karnataka High Court

Farmers' Suicides: Karnataka High Court Seeks Govt's Reply Over Excluding Borrowers From Unlicensed Private Lenders In Compensation Scheme [Akhanda Karnataka Raitha Sangha v. Union Of India]

The Court directed the state government to file a detailed reply, within four weeks, to an application seeking modification of a GO dated July 8 2021, for providing compensation to families of farmers who committed suicide on account of failure to repay loans, taken from licensed private money lenders.

The application filed by Akhanda Karnataka Raitha Sangh prays for directions to the government to provide compensation under the order to all farmers who have availed loans from all classes of private money lenders, irrespective of whether they are licensed.

'Planting Trees On Barren Land Not A Crime' : Karnataka High Court Dismisses PIL Against 'Cauvery Calling Project' [A V Amarnathan And State Of Karnataka]

The Court dismissed a writ petition which sought directions to restrain Sadhguru Jaggi Vasudev's Isha Outreach Foundation from collecting public funds for the"Cauvery Calling Project", which involves planting of tree saplings along the Cauvery river bed.

Observing that "afforestation has become very necessary keeping in view the present scenario and such activities need appreciation rather than putting spokes in carrying out projects like Cauvery calling", the Court dismissed the PIL, which was later taken up as a suo-motu petition, seeking directions to the Isha Outreach foundation to not collect funds from the public for the Cauvery Calling project.

Google Apologizes For Derogatory Search Result About Kannada; PIL In Karnataka HC Withdrawn [Anti Corruption Council Of India Trust And Union Of India]

The Court disposed of a public interest litigation filed seeking to direct initiation of penal action against Google India Private Limited, after a search on the platform showed Kannada as the answer to "ugliest language in India".

Petitioner, Anti Corruption Council Of India Trust had approached the court seeking directions to the Union and State government to initiate legal action under the Indian Penal code and Information Technology Act. Further, it had sought direction to the company to pay a compensation of Rs 10 crore for causing lowering/tarnishing/defaming the dignity and significance of the Kannada language and the same may be deposited with the Department of Culture and Heritage, Government of Karnataka.

Karnataka High Court Calls For Action Against Authorities Who Granted Building Permissions In "No Construction Zone" Along National Highways

The Court has directed the State Government to take action against persons in authority, who granted "illegal permissions" in respect of various building structures to be constructed in the "no construction zone" along the National Highway.

A Bench of Justice Satish Chandra Sharma and Justice Sachin Shankar Magadum further ordered that the illegal structures in question should be demolished within a period of sixty days.

Karnataka High Court Asks Rajiv Gandhi University Of Health Sciences To Re-Conduct Practical Exams For 8 Final Year Students [Pardeep Sihag v. Rajiv Gandhi University]

The Court recently directed the Rajiv Gandhi University of Health Sciences to re-conduct the 'Practical Examinations' for eight final year students who were declared failed in the exams conducted in March 2021.

Justice R Devdas while partly allowing the petition filed by Pardeep Sihag and others said,

"The writ petitions are partly allowed. Respondent-University (RGUHS) is hereby directed to re-conduct the 'Practical Examinations' and announce the results on or before 13.09.2021. This is necessary because the next examinations/supplementary examinations have already been announced to commence from 14.09.2021."

Ensure Insurance Companies Transfer Unclaimed Policy Amounts To Senior Citizen Welfare Funds : Karnataka HC Directs IRDA

The Court directed the Insurance Regulatory and Development Authority (IRDA) to ensure that all insurance companies follow the master circular issued by it and the companies transfer unclaimed amounts to the Senior Citizens Welfare Funds, established under the Finance Act, 2015.

A division bench of Acting Chief Justice Satish Chandra Sharma and Justice Sachin Shankar Magadum accordingly disposed off the petition filed by M/s The Legal Attorneys and Barristers

Freezing All Bank Accounts Of Suspect Would Adversely Affect His Right To Life Under Article 21: Karnataka High Court In Online Fraud Case

Granting relief to a shopkeeper whose bank accounts were frozen by the Police in connection with the investigation of an online fraud case, the High Court observed that freezing all of a person's bank accounts has an adverse effect on his right to life under Article 21 of the Constitution of India.

A single-judge bench of Justice Mohammed Nawaz while allowing the petition filed by one Narayan Yadav said:

"It is not in dispute that all the four bank accounts of the petitioner have been frozen by virtue of the notice issued by the Investigating officer. Certainly such freezing of accounts would adversely affect his right to life under Article 21 of the Constitution of India."

Requirements Under Schemes Not To Be Insisted Upon Mindlessly: Karnataka High Court Directs State To Sanction 94-Yr Old Freedom Fighter's Pension [Gundurao Desai v. State Of Karnataka]

Granting relief to a 94-year-old Freedom Fighter, who was denied Freedom Fighters Pension by the state government, the High Court recently directed retrospective payment with effect from March 1998 and directed the State to settle all the arrears, within a period of six weeks.

Petitioner Gundurao Desai had challenged an endorsement issued by the government in July 2019, rejecting his claim on the ground that he did not produce the affidavit of two persons who were detained with him because of their participation in the struggle for Independence of the country.

Kerala High Court

Breaking: Centre's Decision To Allow Early Administration Of COVISHIELD Vaccine Before 84 Days To Some Classes Of People Discriminatory [Kitex Garments Ltd. v. State of Kerala]

The Court allowed the petition filed by two companies seeking to administer the second dose of COVISHIELD vaccine to its workers before completion of the 84 day-gap.

"The decision of the Government in providing relaxation in the protocol regarding administration of second dose of vaccine to certain classes of persons alone amounts to discrimination".

Justice P.B. Suresh Kumar directed the Department of Health and Family Welfare to make necessary provisions forthwith in the CoWIN portal, so as to enable scheduling of 2nd dose of the Covishield vaccine after 4 weeks of the first dose.

Also Read: Are Unvaccinated Persons More Likely To Transmit COVID-19 Virus Than The Vaccinated? Kerala High Court Asks State, Centre

Kerala High Court Rules In Favour Of Registering Marriages Under SMA Via Video Conference, Expresses Concerns Regarding Implementation [Dhanya Martin v State of Kerala]

The Court ruled that considering the technological advancements in place, marriages under the Special Marriage Act (SMA), 1954 can be registered through video conference.

A Division Bench of Justice A Muhamed Mustaque and Justice Kauser Edappagath observed so while hearing a batch of petitions filed by individuals seeking to solemnize their marriages under SMA through video conference.

Find Technological Solutions Within Legal Framework To Support Online Registration Of Marriages Under SMA: Kerala High Court To Centre, State [Dhanya Martin v. State of Kerala]

The Court is now awaiting the views of the Central and the State Governments respectively to find a technological solution within the legal framework to support online solemnisation or registration of the marriage.

Meanwhile, the Division Bench of Justice A. Muhamed Mustaque and Justice Kauser Edappagath has issued an interim order containing directions.

Also Read: Marriage Registration Through VC- Can Digital Services Be Demanded As A Fundamental Right? Kerala High Court To Examine

Unacceptable For Trade Unions To Take Law Into Their Hands: Kerala High Court Slams State Over Continued Practice Of Gawking Wages [Wilfred @Simon v. State of Kerala]

The Court came down heavily on the State's continued inaction to wipe out the practice of charging gawking wages in the State despite a ban in force and instructions from the Court.

Justice Devan Ramachandran while condemning the local practice popularly known as nokukooli in Malayalam, observed as such:

"It's not enough to claim that Kerala is an investment-friendly State; we have to live up to it. Why is the government not initiating action against trade unions taking the law into their own hands? I don't understand the hesitation. If this goes on, no one will be ready to invest in the State."

Show No Laxity, Initiate Stringent Immediate Action Against Offenders: Kerala High Court Raps State Over Persistent Attacks On Health Workers [Kerala Private Hospitals Association v. State of Kerala & Ors]

The Court strictly warned State that stringent action should be initiated against individuals who attack health care workers.

Upon being informed that out of the 270 cases registered in this regard, investigation was carried out in only 28 of them, a Division Bench of Justice Devan Ramachandran and Justice Kauser Edappagath observed that the State was taking the matter lightly.

"Don't Call Her An Advocate, She Was Never A Lawyer": Kerala High Court While Considering Fake Lawyer's Pre-Arrest Bail Application [Sessy Xavier v. State of Kerala]

The Court while hearing an anticipatory bail application filed by a 'fake lawyer' objected to her being addressed to as an 'advocate'.

Justice Shircy V interrupted the applicant's counsel mid-way through his submissions and remarked,

"Don't call her an advocate. She is not a lawyer. Do not use that term in your submissions."

Also Read: Who Helped Her Forge Certificates? Kerala High Court Reserves Bail Order In Fake Lawyer Case

'Serious Issue' : Kerala High Court Directs Medical Education Board To Look Into Queerphobic MBBS Course Content [Queerythm & Anr. v. National Medical Commission & Ors]

The Court directed the Undergraduate Medical Education Board to act on a representation made by two NGOs representing the queer community seeking the removal of discriminatory and inhuman references about the LGBTQIA community in MBBS textbooks.

A Division Bench of Chief Justice S. Manikumar and Justice Shaji P Chaly orally remarked that this was a "serious issue" and directed the Undergraduate Medical Education Board to take immediate action on the petition.

Unacceptable In Modern Democratic Society: Kerala High Court Directs Police Force To Treat Citizens With Respect, Warns Against Use Of Derogatory Language [Anil J.S v. State of Kerala & Ors]

The Court recently observed that instances of allegations about the police disrespecting the citizens were arriving at its doors with alarming regularity and therefore issued certain general directions in its judgment.

Therefore, it was ordered that the use of disrespectful words to address citizens cannot be tolerated or permitted and directed the State Police Chief to file a report with the steps taken to ensure the same.

Plight Of Migrant Workers An Endless, Sad Narrative: Kerala High Court While Upholding Bengal Native's Conviction For Partner's Murder [Pradeep Sonar v. State of Kerala]

The Court dismissed a Bengal native's appeal against his conviction for the murder of his live-in partner, who was another migrant worker, and her minor child.

A Division Bench of Justice K Vinod Chandran and Justice Ziyad Rahman A A while upholding his conviction remarked,

"Far from their homes and family, the plight of migrant workers is an endless narrative, often meaningless in form and sad in content."

Clear Case Of Protector Turning Predator: Kerala High Court On Father Molesting Daughter, Reduces Sentence Citing Residual Doubt [Narayanan v. State of Kerala & Ors]

The Court recently reduced the sentence of a man, who sexually assaulted his daughter, from imprisonment for life under Sections 376 and 377 IPC to imprisonment for 10 years under Section 377. While doing so, the Court cited the concept of 'residual doubt'.

"There is evidence of sexual molestation; but not with the severity and frequency as spoken of by the prosecutrix. The family also has a different version and there is the compelling factor of the prosecutrix having informed the family after the very first instance and the family having shifted her residence. These aspects give rise to the residual doubts...," the Division Bench comprising Justice K Vinod Chandran and Justice Ziyad Rahman AA said while partially allowing the man's appeal against conviction.

Also Read: Will Demoralise The Police Force: State Opposes Plea Urging CBI Probe Into Massive Bank Fraud Before Kerala High Court

Chief Conservator To Settle Ecologically Fragile Land Disputes If Application Filed Within 6 Months From Individual Notice: Kerala High Court [Principal, Chief Conservator of Forests & Ors . E. Moideen Koya and connected matters]

The Court recently upheld the Single Judge's decision directing the Principal Chief Conservator of Forests (PCCF) to consider the applications preferred by the petitioners regarding a dispute whether their land is an ecologically fragile land since it was filed within 6 months from the date of individual notices served on them.

A Division Bench of Chief Justice S. Manikumar and Justice Shaji P Chaly while dismissing the appeal ruled:

"The legislative intent is to be given the utmost importance, which would be more logical, relevant and meaningful, to protect the interests of the citizens. It is trite and settled that the provisions of a statute shall be read harmoniously, so as to make it meaningful and commensurate with the intention of the legislature."

Kerala High Court Takes Suo Motu Cognizance On Businessman's Son's Marriage For Heavily Adorning Guruvayoor Temple Without Sanction Amid Pandemic [Suo Motu v. The Administrative Officer, Guruvayoor Devaswom Board]

The High Court alerted the Administrator of the Guruvayoor Devaswom Board to take necessary steps to prevent any violation of Covid-19 protocol in conducting marriages at the temple.

This comes after a news item appeared in the online media portraying the Temple heavily decorated with cutouts and tree branches apart from flowers put together for the marriage of Ganesh Pillai, the son of a prominent businessman and Padma Shri award winner Ravi Pillai.

167(2) CrPC- 'Not Filing Analyst Report Does Not Amount To Incomplete Investigation Unless It Is Solely Relied Upon It': Kerala HC Denies Default Bail To NDPS Accused [Sameer v. State of Kerala]

The Court has held that the investigation cannot be said to be incomplete on sending the requisition to the authority concerned to get the analyst report unless it is a case in which the entire prosecution case relies solely on the analyst report.

The question on the completion of investigation arises to decide on the grant of default bail under Section 167(2) CrPC.

Also Read: Kerala High Court Interdicts Motor Vehicles Department Officers From Wearing Blue Beret Caps, Badges Embossed With Ashoka Emblem

Knanaya Church Case : Kerala High Court Stays Appellate Court's Stay On Decree Against Expulsion Of Members For Marrying Outside Diocese [Knanaya Catholic Naveekarana Samithy v. Metropolitan Archbishop & Ors]

The Court stayed the operation of an order of a District Court in Kerala which had in turn stayed a declaration given by a civil court that the practice of endogmay in Knanaya Catholic Church was unconstitutional.

The High Court passed the stay order while issuing notice in a petition filed by a reformist group within the church, Knanaya Catholic Naveekarana Samithy, challenging the stay order of the Additional District Court, Kottayam.

Kerala High Court Orders Police Protection For Municipal Chairperson After Alleged Abuse By Political Rivals [Ajitha Thankappan v. The Asst. Police Commissioner & Ors]

The Court directed the police to protect the Chairperson of the Thrikkakara Municipality Ajitha Thankappan from any threat from any source.

Justice Devan Ramachandran said an interim direction was required to be issued as the petitioner was the elected chairperson.

Government Pleader .E.C.Bineesh however contended that there was no law and order problem in the locality.

Also Read: Frequent Attacks From Political Rivals: Municipal Chairperson Moves Kerala High Court Seeking Police Protection

Madhya Pradesh High Court

Consent For Sexual Act Obtained By Making False Promise Of Reemployment Isn't 'Free Consent': Madhya Pradesh High Court [Rajkishore Shrivastava vs. State of MP and another]

The Court recently held that getting the consent of the prosecutrix to involve in a sexual act, by making false promise of re-employment, can't be called 'free consent' and it would amount to consent obtained under a misconception of fact (as per Section 90 of IPC).

The Bench of Justice G. S. Ahluwalia observed thus as it refused to quash an FIR registered for the offence of Rape against the Director of a hospital by the receptionist of the hospital (victim).

Simply Requesting Accused Not To Commit Rape Of Minor Instead Of Informing Police Amounts To 'Aiding' Under POCSO: MP High Court [Mamta Tiwari Vs. State of MP and anr.]

The Court recently observed that instead of informing the local police, the act of merely requesting the accused not to commit rape of a minor would amount to the act of aiding as defined and punished under Sections 16 and 17 of the POCSO Act.

The Bench of Justice G. S. Ahluwalia was hearing a criminal revision filed against the order passed by the Special Judge (POCSO Act), Gwalior, by which the charges under Sections 16 and 17 of the POCSO Act had been framed against a woman.

"Prisoners Also Humans; Consider Establishing One PHC Per Jail To Treat Heart, Kidney, Liver Diseases": MP High Court To Govt [Lalji Singh & Anr. Vs. The State of M.P.]

The Court recently advised the State Government to ensure that at least one primary health center should be established in jail campus having facilities to treat the ailments relating to heart, kidney, liver, etc.

The Bench of Justice Sheel Nagu and Justice Rajeev Kumar Shrivastava has also asked the State to ensure that Specialist/Experts relating to aforesaid various ailments be provided in such primary health center to the prisoners.

"FIR Lodged By Wife After Knowing That Husband Is Going To Marry Another Lady": MP High Court Discharges Man U/S 498A IPC [Abhishek Pandey @ Ramji Pandey and others]

Observing that the wife lodged an FIR against her Husband after coming to know that he is going to marry another lady, the Court recently discharged the husband of the charges under Section 498-A of IPC and Section 3/4 of Dowry Prohibition Act.

The Bench of Justice Sanjay Dwivedi also noted that the wife had alleged those incidents, which had occurred two years prior to the date of lodging the FIR and the same was lodged after the husband filed suit for seeking divorce decree.

Non-Communication Of 'Right To Make Representation Against Detention Order' Violates Constitutional Right: Madhya Pradesh High Court

The Indore Bench of the Court recently quashed a detention order on the ground that it did not contain a stipulation informing the detenue about his right to prefer a representation against his detention by the detaining authority.

A Division Bench of Justices Sujoy Paul and Anil Verma relied on a catena of judicial precedents to support their observations.

"Not Necessary That Rape Allegation Is Proved Before S. 3 Of MTP Act Is Invoked": MP HC (DB) Allows Abortion, Sets Aside Single Judge Order [Prosecutrix vs.The State of MP and Ors]

In a significant ruling, the Court has held that it is not necessary that the allegation of rape be proved before Section 3 of the Medical Termination of Pregnancy Act, 1971 [When pregnancies may be terminated by registered medical practitioners] can be invoked.

Ruling thus, the Divison bench comprising Justice Sheel Nagu and Justice Deepak Kumar Agarwal set aside a Single Judge order which had refused to permit to abort a fetus of more than 12 weeks of a 19-year-old girl who had alleged, that on the pretext of marriage, a man had committed rape on her without her consent.

'Rule of Law' Cannot Be At Mercy Of Archaic Method Of Investigation: MP HC Expresses Concern Over Govt's Myopic Approach In Establishing Of Forensic Sciences University [Bharat Jatav v. State of Madhya Pradesh & Anr]

The Gwalior Bench of the Court has expressed its discontentment over the myopic approach of the state government in establishing a Forensic Sciences University.

"....approach of Authorities in M.P. regarding establishment of Forensic Sciences University is still myopic and reason appears to be their approach to equate the Forensic Sciences subjects with DNA or FSL report only whereas Forensic Sciences subjects go much beyond."

Madras High Court

'Political Flags, Photos Of Political Leaders Are Displayed On Vehicles To Show Privilege & Flout The Law': Madras High Court [V Ramesh v. The Vice Chancellor, Dr. Ambedkar Law University]

The Court has recently directed that portraits and photographs of communal leaders pasted on vehicles must be removed as such a practice is often indulged in to intimidate the police and get away with criminal activities.

A Bench comprising Justice N Kirubakaran (retired) and Justice B Pugalendhi observed with disdain,

"The purpose of having party flags or designation boards or portraits of party/communal leaders or advocate/press stickers is only to keep away the police from stopping the vehicle even in case of violation of road rules. It has become an order of the day in Tamil Nadu that almost 50% of the vehicles either have party flags or designation boards or portraits of party/communal leaders or advocate/press stickers. This menace has to be addressed failing which the criminal activities will continue to be committed by the above modus operandi"

Municipality Heads Will Be Personally Liable If Any Manual Scavenging Activity Is Detected: Madras High Court [Safai Karamchari Andolan and Others v. Union of India and Others]

In a bid to eradicate the evil of manual scavenging which has claimed several lives in the past, the Court observed that Municipality Heads will be personally liable in case any person is found to be indulging in manually cleaning the sewers.

It also directed the heads of corporations and municipalities to file a written undertakings to the effect that no manual scavenging work would be permitted to be undertaken within their jurisdiction.

'Abhorring, Misuse Of Public Funds': Madras High Court Interdicts State From Printing Photos Of Chief Ministers On Textbooks, Schoolbags [Oveyam Ranjan v. The State of Tamil Nadu and ors]

The Court reprimanded the practice of displaying photographs of Chief Ministers or other public functionaries on school bags, textbooks and stationery to be used by schoolchildren and accordingly directed that such a practice must be discontinued with immediate effect.

A Bench comprising Chief Justice Sanjib Banerjee and Justice PD Audikesavalu termed such a practice as 'abhorring'.

University's Education Services, Including Affiliation Or Other Allied Services To Students, Exempt From Service Tax: Madras High Court [Madurai Kamaraj University v. Joint Commissioner]

The Court has ruled that the services provided by a University, including affiliation of colleges and other allied services are given to students are exempted from levy of Service Tax under the Finance Act 1994.

A single bench of Justice R Suresh Kumar gave this ruling in a writ petition filed by Madurai Kamaraj University challenging an order passed by the tax authorities demanding service tax for the period from 01.04.2013 to 30.06.2017.

'Religious Sentiments Must At Times Yield To Reason And Animal's Point Of View': Madras HC Admonishes Practice Of Mistreatment Of Temple Elephants, Issues Directions [Rangarajan Narasimhan v. Chief Secretary]

The Court directed the Principal Chief Conservator of Forests (PCCF) to prepare a catalog of all captive elephants in the State. The Court further directed a video recording to be made of all elephants containing a complete profile of each elephant including its age, sex and also lineage including the manner in which the elephants came to be domesticated.

A Bench comprising Chief Justice Sanjib Banerjee and Justice PD Audikesavalu was adjudicating upon a plea filed by activist Rangarajan Narasimhan over the alleged inhumane treatment of captive elephants kept in temples across the State.

'Choice Vests With Devotees': Madras High Court Dismisses Plea Seeking A Ban On Chanting Of Mantras In Tamil In Temples [Rangarajan Narasimhan v. The Principal Secretary and Anr]

The Court rejected a Public Interest Litigation (PIL) seeking directions to be issued to the Tamil Nadu government to withdraw the 'Annai Tamil Archanai' scheme that allows devotees to opt for the chanting of hymns by priests in Tamil instead of in Sanskrit while performing pujas inside the temples.

The petitioner contended that most of the temples have been set up according to the agama principles and it has been the age-old tradition for mantras to be chanted in the Sanskrit language. Thus, the very sanctity of the mantras is destroyed if not chanted in Sanskrit, it was argued.

Meghalaya High Court

'Cannot Allow Them To Go Scot Free': Meghalaya HC Directs State Police To Apprehend Persons Spreading Rumours About Covid Vaccine Efficacy [Registrar General, High Court v. State of Meghalaya]

The Court directed the State police to take immediate action against people spreading rumours about the efficacy of Covid-19 vaccine on various social media platforms.

The Court was adjudicating upon a suo motu PIL concerning orders issued by the State Government making vaccination mandatory for shopkeepers, vendors, local taxi drivers etc. before they can resume their businesses. Earlier, the Court had ruled that mandatory or forceful vaccination does not find any force in law and hence are to be declared as ultra vires ab initio. It had then issued a slew of directions for encouraging vaccination among citizens and removing any apprehensions in this regard from their minds.

Punjab and Haryana High Court

"Adultery No Offence- P&H HC Disagrees With Allahabad HC's 'Social Fabric' Ruling", Grants Protection To Live-In Couple Involving Married Man [Paramjit Kaur and another v. State of Punjab and others]

The High Court held that no offence would be made out if being adults, two people are in a live-in relationship with each other, even though they are already married to someone else.

The Bench of Justice Amol Rattan Singh observed thus while underscoring that Section 497 of the IPC (providing punishment for adultery) has been declared unconstitutional by the Apex court in the case of Joseph Shine v. Union of India.

Age Relaxation Can't Be Claimed On The Basis Of Chief Minister's Tweet : Punjab & Haryana High Court [Samandeep Singh and others v. State of Punjab and others]

The High Court has held that candidates for public employment cannot claim relaxation in upper age limit as their right merely because the Chief Minister has tweeted in this regard

A division bench of Justice Rajan Gupta and Justice Karamjit Singh held so while dismissing an appeal filed by petitioners seeking appointment to the post of Police Sub-Inspectors. On August 11, a single bench had dismissed their writ petition.

Mere Fact That Girl Is Below Marriageable Age Won't Deprive Her Of Right To Life & Liberty: P&H HC Grants Protection To Live-In Couple [Mamta & Anr v. State of Punjab & Ors.]

The Court has held that the mere fact that petitioner-girl is not of marriageable age would not deprive her of the fundamental right as envisaged in the Constitution, being a citizen of India. Directing to grant protection to the minor girl,

Justice Harnaresh Singh Gill observed that it is the bounden duty of the State as per the Constitutional obligations caste upon it to protect the life and liberty of every citizen.

Rajasthan High Court

Prisoner's Failure To Surrender On Completion Of Parole Amounts To Escape From State's Lawful Custody: Rajasthan High Court [Gajja Ram v. State and others]

Finding that a judgment delivered by a Division Bench in the year 2020 isn't the correct law, the Court held that failure of a prisoner to surrender to the prison authorities on completion of parole period would amount to escape from the lawful custody of the State and that ordinarily such prisoner would not be entitled to be transferred to Open Air Camp as per Rajasthan Prisoners Open Air Camp Rules.

COVID-19: Rajasthan High Court Directs State Govt To Take Appropriate Steps For Vaccination Of Transgender Persons [Sambhali Trust v. State of Rajasthan & Ors.]

The Court has directed the State authorities to take appropriate steps for Vaccination of transgender persons in the State against Covid-19.

Justice Vinit Kumar Mathur and Justice Sangeet Lodha was dealing with a plea seeking directions to the respondent authorities to facilitate COVID-19 vaccination for transgenders of the State of Rajasthan.

"These Relationships Are Purely Illegal, Anti-Social": Rajasthan HC Denies Protection To Widow Living With A Married Man [Seema Devi and Another v. State of Rajasthan and Others]

Denying police protection to a widow, who was living with a married man, the High Court recently observed that such a relationship between the petitioners don't come under the purview of a legal Live-in relationship and rather, such relationships are 'Purely Illegal' and 'Anti-Social'.

The Bench of Justice Satish Kumar Sharma was hearing the protection plea of a widow and her partner (a married man) when it observed so.

Pehlu Khan Lynching Case: Rajasthan High Court Issues Bailable Warrants Against 6 Accused On Kin's Plea Against Their Acquittal [Irshad S/o Pehlu Khan v. State Of Rajasthan]

The Court issued a bailable warrant against six persons who were acquitted in the year 2019 in the Pehlu Khan lynching case by an Alwar court. Pehlu Khan was allegedly killed in 2017 by a mob that set upon him while he was transporting cows.

The Bench of Justice Goverdhan Bardhar and Justice Vijay Bishnoi ordered thus while admitting appeal filed by the victim's sons, Irshad and Arif, and clubbing it with a plea filed by the Rajasthan government against the lower court's acquittal order.

Rajasthan High Court Stays Construction Of Any Road Passing Through Lakes In Udaipur [ Suo Moto vs. State of Rajasthan & Ors.]

The Court has stayed the construction of any road passing through any of the lakes in Udaipur. The order has been passed by a Division Bench of Justices Sangeeta Lodha and Vinit Kumar Mathur in an application for stay of tender notices issued in tis regard.

The Court has granted time to the concerned State authorities to submit their replies in the matter and meanwhile, until further orders, directed them not to construct any road which may pass through any of the lakes in the city.

Telangana High Court

Don't Permit POP Idol Immersion In Hussain Sagar Lake For Ganesh Chaturthi: Telangana High Court Directs State

A two-judge panel of the Court comprising Acting Chief Justice M S Ramachandra Rao and Justice T Vinod Kumar issued a series of guidelines in view of Ganesh Chaturthi celebrations across Hyderabad.

The Court was hearing a contempt petition filed by Advocate Mamidi Venumadhav alleging willful disobedience of the order passed by a Division Bench directing to restrict the immersion of Ganesh and goddess Durga idols in Hussain Sagar Lake.

COVID: Telangana High Court Directs Medical Council To Consider Pleas Of Aspirants Seeking Exemption From Appearing In NEET 2021 [Mohammed Sulaiman Javed v. Union of India]

The Court directed the Medical Council of India to consider as representation the pleas of certain overseas Indian citizens, seeking exemption from appearing for NEET examination scheduled on September 12.

Justice Abhinand Kumar Shavili issued the order in a writ plea filed by one Sulaiman Javed seeking a one-year exemption from NEET or for allowing him to appear online.