Sunday Legal Updates:
- Today The Sessions Court at Dindoshi, Mumbai reserved its order in the revision application filed by Bollywood actress Kangana Ranaut challenging the proceedings before the Metropolitan Magistrate Court at Andheri in a criminal defamation complaint filed by lyricist Javed Akhtar.
- Today The Madras Supreme Court had time to consider whether Polycystic Ovarian Syndrome (PCOS / PSOS) could not be considered invalid. The marriage dispute in the High Court also led Judge V Bhavani Subbaroyan to note that the current generation does not take marriage seriously.
- The P&A legal offices have announced their annual promotions. The firm has made three Partners and three Associate Partners.
- J. Sagar Associates has announced its annual promotion. The firm has created seven retained partners.
Sunday weekly Updates:
Allahabad High Court
- Delay- “Rip Van Winkles Have a Place in Literature, But Not in Law”: Allahabad High Court
Single bench comprising Judge Ajay Bhanot noted that the law of delays and laches, as a relaxation policy, creates certainty in legal relationships and reduces unproductive litigation thus ensuring that the administration of justice is not closed on pointless cases.
2. Parents Being Harassed Via SMS To Pay School Fees, Even For Lockdown Duration: Plea Alleges Before Allahabad High Court
While the Uttar Pradesh Government is responding to a question posed by the High Court of Allahabad regarding the regulation of school fees during the suspension of classrooms, another PIL has challenged the exorbitant fees and against private State schools.
Bombay High Court
- DRT Cannot Adjudicate Civil Rights Claimed Vis-a-Vis Security Interest Which Are Outside Sec 13/17 SARFAESI : Bombay High Court
A bench of the panel comprising Judges SB Shurke and Avinash G Gharote resolved the issue of public court administration by visiting the Debt Reconciliation Court for security interests under the SARFAESI Act.
2. “Such Petitions Are Filed For Cheap Publicity” – Bombay High Court Pulls Up Petitioner Over Plea Seeking Probe Against Param Bir Singh And Anil Deshmukh
The Division Bench led by Justice SS Shinde noted that the first application filed by acting attorney Dr Jaishri Laxmanrao Patil seeking a CBI investigation into allegations of corruption against Home Affairs Minister Anil Deshmukh and others was made “less expensive.”
3. Maharashtra Government Notifies Appellate Authorities Under POSH Act After Filing Of Art. 226 Petition Before Bombay High Court
More than seven years after the implementation of the Violence Against Women Act (Prevention, Prevention and Correction) Act in 2013, the Maharashtra Government yesterday announced the appointment of a grievance redressal committee under the Act. The Department of Industry, Energy and Human Resources has designated the “Industrial Courts”, created under section 10 of the Maharashtra Industrial Relations Act, 1947, as the Appeal Authority under the POSH Act in respect of state-owned Industrial Institutions.
Calcutta High Court
- Calcutta High Court Registers Suo Moto Case To Monitor Mentally Ill Prisoners In Terms Of Sheela Barse Case
The Calcutta High Court has registered a case of suo moto for mental health and other matters relating to various inmates and detainees housed in various correctional facilities in the West Bengal and Union Territory of Andaman and Nicobar Islands. The case was registered on the basis of administrative guidelines issued by Chief Justice Thottathil B. Radhakrishnan, in accordance with the orders of the Supreme Court in Sheela Barse v. Union of India & Ors.
Chhattisgarh High Court
- Phone Tapping Violates Article 21 Unless Permitted By Procedure Established By Law: Chhattisgarh High Court
To set aside the eviction order thrown at a police officer and a police officer accused of trying to seduce a criminal and telephone conversation over the recording, Bench of Justice Goutam Bhaduri realized that the call would violate Article 21 of India’s constitution unless permitted under the law.
Delhi High Court
- ‘Proclaimed Offender’ Declaration Under Section 82(4) CrPC Cannot Be Made Against Person Accused Of Sections 406, 420 IPC : Delhi High Court
A single bench of Judge Anu Malhotra held that a person convicted of Section 406 (criminal offenses), 420 (cheating) and 120B (criminal conspiracies) cases under the IPC could not be considered a ‘declared perpetrator’ under Section 82 (4) ) of CrPC. The Court held that such a declaration could only be made to persons accused of crimes under Section 82 (4), namely sections 302, 304, 364, 367, 382, 392, 393, 394, 395, 396, 397, 398, 399, 400, 402, 436, 449, 459 or 460 of IPC.
2. POCSO- FIR Cannot Be Quashed On The Ground That Victim Decided To Compromise Matter After Attaining Majority: Delhi High Court
Single bench of judges with Justice Subramonium Prasad held that the MOTO, which was included under the Child Protection Offenses (POCSO) Act, 2012, could not be removed on the grounds that the victim, after finding the majority, decided to take the matter to court.
3. Delhi High Court Seeks Status Report In Plea Seeking Constitution of SIT To Investigate Into Alleged Digital Fraud And Click Fraud Scam By Facebook
Single Bench of Justice Anu Malhotra has demanded a report on the state of Delhi Police Cyber Cell from a request regarding alleged fraud and other digital crimes recorded by Facebook thereby seeking redress from the Union of India, Delhi Police and and Cyber Crime Cell to jointly conduct a Special Investigation Unit (SIT) to investigate a complaint lodged by a complaint company.
4. Delhi High Court Directs Delhi Police For Report On Alleged Illegal Detaining And Beating Of Man In Matrimonial Dispute Matter
Single Bench of Justice Judge Anu Malhotra issued a notice filing an application for the arrest and illegal beating of a man in a marital dispute by Delhi police and ordered police to file a report of the incident.
Gujarat High Court
- ‘Such Tactics Need To Be Nipped In The Bud’: Gujarat HC Criticizes Police For Misusing PASA Act To Settle Personal Disputes Between Parties
While acting on a petition filed by the Applicant for his arrest under the Gujarat Prevention of Antisocial Activities Act, 1985, in connection with a kidnapping / fraud case, One Justice Band Paresh Upadhyay saw the gross misuse of the PASA Act by police officers to resolve issues between private parties.
Jammu & Kashmir High Court
- Jammu & Kashmir High Court Dismisses Mehbooba Mufti’s Plea For Issuance Of Passport
A Bench of Justice Ali Mohammad Magrey dismissed former Chief Minister of J&K & Peoples Democratic Party (PDP) president Mehbooba Mufti’s plea seeking issuance of passport to her.
Karnataka High Court
- Give Wide Publicity To Crop Insurance Scheme Under PMFBY For Farmers’ Benefit : Karnataka High Court
The separating bench of Chief Justice Abhay Oka and Judge Suraj Govindaraj has instructed the State Government to publicize the Pradhan Mantri Fasal Bima Yojna (PMFBY) program to benefit farmers.
2. Separate Toilets For Adolescent Girls And Provisions Of Sanitary Napkins Are Instances Of Empowerment Of Girl Child : Karnataka High Court
The separating bench of Justice BV Nagarathna and Justice JM Khazi directed the national government to apply on April 16, a status report on the implementation of the Shuchi scheme and to state that approval for the procurement management of the proposed pipeline in 2021-22 will be secured.
3. “Serious Allegations “: Karnataka High Court Vacates Stay, Orders Thorough Investigation Against Karnataka CM BS Yediyurappa in ‘Operation Kamala’
Reverting to Chief Minister BS Yediyurappa, the High Court has abandoned the sitting of the inquiry and ordered a thorough investigation into the Preliminary Information Report where he is accused of trying to obtain JD (S) Naganagouda Kandkur Member’s son Sharanagouda a financial offer with the Department in 2019.
4. Ramesh Jarkiholi Sex Scandal: Father Of Victim Moves Karnataka High Court To Quash 164 Statement Of His Daughter
The father of the victim in the rape case against former minister Ramesh Jarkiholi, has gone to the Karnataka High Court seeking to have his daughter’s statement made under section 164 of the CrPC recorded in front of a magistrate.
Kerala High Court
- Kerala High Court Stays Election Commission Order Which Halted Special Rice Distribution Through Ration Kits
The Single Bench of Justice PV Asha complied with a directive issued by the State Electoral Commission that imposed a special allocation of rice to non-essential card holders (green and white cards).
2. ED Officer’s Writ Filed With Ulterior Motives, Hidden Agenda: Kerala Govt Tells High Court
The Kerala government has filed an affidavit against Padhakrishnan, Deputy Director of Enforcement Directorate (ED), challenging the Kerala Crime Branch’s investigation into allegations that Swapna Suresh was forced to sue the Chief Minister and others for trafficking.
3. Kerala High Court Directs Police To Publish Details Of Officers Found Guilty Of Corruption Or Human Rights Violations
Single bench Justice Judge Raja Vijayaraghavan has ordered the Kerala police to publish on their official website details of police officers found guilty of corruption or human rights abuses. This guide must be followed within 30 days from March 20.
Madhya Pradesh High Court
- MP High Court Directs ‘Mental Check-Up’ Of Advocate Who Allegedly Sent Objectionable Birthday Messages To Lady Judge
Single Bench of Justice Rohit Arya ordered that a lawyer’s examination be conducted, which he allegedly sent unchallenged birthday greetings to the Female Judge on his official ID. It has been noted that the first allegations against the Advocate were that he indulged in counter-intuitive and inappropriate material “inappropriate for the lawyer while embarrassing the ladies judge” via WhatsApp and social media.
Madras High Court
- Debarment Of A. Raja From Campaigning For 48 Hours: Madras HC Refuses To Urgently Hear DMK’s Plea Challenging ECI Order
Bench of Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy immediately refused to hear the DMK’s appeal against the Electoral Commission’s order barring the party’s Deputy Secretary-General A Raja from the 48-hour campaign. The Electoral Commission has also removed Raja from the list of DMK star candidates.
Orissa High Court
- Issue Directions To Follow Uniform Font Size, Line Spacing In Preparing FIR, To Ensure Better Visibility & Readability: Orissa High Court
Recognizing the difficulties experienced by prosecutors, the defense and the Court in applying the FIR, indictment and other reports, the Bench of Justice SK Panigrahi directed the State DGP to provide guidelines for compliance with the same font size, line spaces in line preparation, and other reports.
Patna High Court
- Patna High Court Seeks Implementation Of HIV Patients’ Welfare Scheme In The State By April 5
Concerned about the failure of the Government’s HIV / AIDS welfare programs, the Central Bank comprising Chief Justice Sanjay Karol and Justice S. Kumar began working for the Bihar State AIDS Control Society (BSACS).
Punjab & Haryana High Court
- Parallel Inquiry During Investigation/After Submission Of Final Report: P&H High Court Quashes Govt’s Direction
While rejecting the bail applications of the two defendants in separate cases, the Justice Manj Bajaj ruled that the holding of the investigation at the same time, either during or after the submission of the final report under Section 173 (2) Cr. P.C is not recognized under the Code of Criminal Procedure.
Uttarakhand High Court
- Kumbh Mela 2021: Increase Number Of Daily COVID Testing To At Least 50K Persons Per Day: Uttarakhand High Court Directs Govt
Because a large number of people are about to visit the towns of Haridwar and Rishikesh in Kumbh Mela, the Bench of Chief Justice Raghvendra Singh Chauhan and Justice Alok Kumar Verma have instructed the State Government to increase the number of daily inspections by at least 50,000 people a day.
Legal Prudent Fraternity