High Courts Weekly Round Up
Allahabad High Court
- Dismissed a challenge against appointment of Justice Pinaki Chandra Ghose as the Chairman of Lok Pal.The Division bench comprising Justice Pankaj Kumar Jaiswal and Justice Rajnish Kumar observed that the Chairperson and Members of Lokpal are not an employment under the Government therefore the prohibition for employment under the Government of India or under the Government of any State is not applicable in this case.
Bombay High Court
- Held that pension granted by the government can be attached in order to recover the amount of maintenance for the wife. Justice MG Giratkar of the Nagpur bench was hearing the revision application filed by one Bhagwant Narnaware against an order of interim maintenance passed by a magistrate. The court upheld the order but modified the amount of monthly maintenance from Rs.30,000 to Rs.20,000.
- Ruled that one court designated under both the Prevention of Money Laundering Act (PMLA) and the Prevention of Corruption Act (PC) will hear all cases related to the Rs.11,400-crore PNB scam led by absconding diamond merchant Nirav Modi.
- Refused relief to one Khalil Shaikh, a 25-year-old man from Bandra, Mumbai, who was convicted by a designated court under the Protection of Children from Sexual Offences (POCSO) Act, 2012 under Sections 323, 377 of IPC and sentenced to suffer imprisonment for one year and 10 years, respectively. Shaikh was also convicted under Section 6 of the POCSO Act, 2012 and sentenced to suffer rigorous imprisonment for 10 years.
- The bench of Justice Ravi K. Deshpande and Justice S.M. Modak disposed of a petition filed by Nagpur Sahar (Zilla) Congress Committee and Congress Candidate from Nagpur Nana Patole seeking implementation of the guidelines of the Election Commission of India in respect of EVMs and VVPATs/Control Unit/Ballot Unit for the election.
Delhi High Court
- Observed that the mere fact that a person is qualified and registered as an advocate does not ipso facto imply that the person is practicing as an advocate and is earning.
- Sought response of the Centre on a plea which has challenged the constitutional validity of the recent Aadhaar Ordinance on the grounds that it was brought to "overturn" the Supreme Court decision regarding the use of Aadhaar by the private sector.
- Asked the Reserve Bank of India (RBI) how Google's mobile payment app, GPay, was facilitating financial transactions without the requisite authorisation from it.'
- Denied relief to a man claiming sole right over ancestral property left behind after the death of both his parents and ruled in favour of his sister who is claiming her right over the said property.
Gujarat High Court
- Dismissed a Public Interest Litigation (PIL) petition filed by Internet Freedom Foundation(IFF) challenging the ban imposed by Gujarat police on the online video game PUBG. "We are not satisfied that the scope of the present writ petition falls under the ambit of Public Interest Litigation", observed the bench of Chief Justice Anant S Dave and Justice BirenVaishnav.
Kerala High Court
- Directed that the empanelled drivers of Kerala State Road Transport Corporation should be relieved by April 30. This is following the earlier order of the High Court directing the removal of empanelled conductors of KSRTC, holding that they cannot continue beyond 180 days and that the vacancies existing beyond that period should be filled up from the rank list prepared by the Public Service Commission.
- Observed that though the citizens are entitled to criticize judgments, they should not take law into their own hands to obstruct the court orders and directions.
Madras High Court
- We should hang our face in shame, said the High Court frowning at the discrimination faced by widows in social and auspicious occasions. Justice N. Kirubakaran was considering an appeal filed by Insurance company against the compensation awarded to a lady, whose husband died in a motor accident.
- The notification issued under Section 3A of the National Highway Act 1956 for acquiring land for the ambitious Chennai-Salem 8 lane National Highway was quashed by a division bench of the High Court. The notifications were quashed on the main legal point that prior environmental clearance under the Environment Protection Act 1986 was necessary before acquiring land for the Rs.10,000 crores project for 270 kilometers highway.
- Directed the Government to take action against Government School Teachers and the teachers who are receiving salary from the Government who conduct Tuitions / Tutorials and Private classes for monetary gain.
- Releases Manipur journalist Kishorchandra Wangkhem, who was detained under the National Security Act on November 27, 2018 for making Facebook posts against Prime Minister and Manipur CM,
Punjab & Haryana High Court
- Held that the Section 143A of the Negotiable Instruments Act has no retrospective effect whereas the Section 148 will apply to the pending appeals pending on date of enforcement of this provision.