Today’s Legal Updates:

  1. The Karnataka High Court recently directed the Registrar General of the High Court to seek details from sessions courts about the various stages at which cases registered under Unlawful Activities (Prevention) Act [UAPA] are pending.
  2. The Madras High Court recently held that High Courts can exercise their writ jurisdiction even at the pre-detention stage where there is a potential threat of a violation of fundamental rights under Article 21 of the Constitution (right to life and personal liberty).
  3. Comedian Munawar faruqui was released from Indore prison late Saturday night in compliance with the order passed by the Supreme Court on Friday morning granting him ad-interim bail.
  4. Andhra Pradesh High Court Stays Launching Of “E-Watch Online” App By State Election Commission Till February 9
  5. Delhi Riots- “His Picture Speaks Volumes About His Conduct On That Day”: Delhi Court Denies Bail To Shahrukh Pathan, Who Pointed Gun At Cop
  6. Remove Unauthorized Display Boards, Hoardings, Placards Etc. From Roads Within 3 Months: Kerala High Court Directs Authorities
  7. “No Wonder Gujarat Tops The List Of States With Highest GST Collection”: Gujarat HC Pulls Up GST Dept. For Their Alleged Coercive Recovery Tactics, Issue Notice
  8. ‘Foreigners Tribunal Acted Half Heartedly’: Gauhati HC Quashes Order Declaring Woman As Foreigner Passed Without Examining Relevant Witness
  9. How Kerala High Court Rendered Justice By Invoking Writ Jurisdiction To Solve Dispute Between Private Parties
  10. Kerala High Court Issues Notice In Plea Challenging Kerala Right to Burial of Corpse In Christian Cemeteries Act, 2020
  11. ‘No Allegations Whatsoever’: Supreme Court Quashes FIR Against Man Accused Of Abducting Woman Who Later Married The Main Accused
  12. The Delhi High Court has reiterated that CFSL reports made by Government experts, which are admissible under Section 293 of CrPC without examining the author, are required to be tendered into evidence and cannot be relied upon unless the same was exhibited by some witness during the Course of trial.
  13. The Madras High Court has suggested amendment/s in the Protection of Human Rights Act to provide an internal/self-contained mechanism qua Human Rights Commission for enforcing its recommendations.
  14. The Punjab & Haryana High Court last month observed that no statutory provision exists which gives anyone the right to move a representation to the Chief Justice of High Court for transfer of cases on the administrative side.
  15. The Madras High Court has recently held that Article 226 of the Constitution empowers the High Court to exercise its writ jurisdiction even at a pre-detention stage, if it is of the view that there is a potential threat of violation of a person’s fundamental right under Article 21 of the Constitution.
  16. The Patna High Court recently called for an administrative probe against ASJ-I of Patna City sub-division for passing conflicting orders in the same case, wherein while granting anticipatory bail to one accused, he denied the same to another who was facing similar charges in the same murder case.
  17. The Allahabad High Court recently held that a minor girl cannot be allowed to live in a matrimonial relationship with a man she claims to be her husband, even if she had left her home of her own accord and married the Man out of her own free will.
  18. While underlining that publication of an intended (land) acquisition in little known newspapers may amount to a fraud on the statute, and a fraud on the right to property of the citizens¸ the Madras High Court on Friday (05th February) came down heavily upon the State’s bureaucracy.
  19. Supreme Court justice MR Shah on Saturday (06.02.21) described Prime Minister Narendra Modi as “our most popular, loved, vibrant and visionary leader”.
  20. A petition has been filed in the Supreme Court seeking a direction to the government to restore mobile internet at areas on the Delhi-Haryana border where thousands of farmers are camping in protest against three new farm laws.
  21. The Supreme Court observed that recruitment of candidates in excess of the notified vacancies, will be violative of Articles 14 and 16 (1) of the Constitution of India.
  22. A plea has been filed before the Supreme Court urging it to declare the law against Sedition under section 124-A of the Indian Penal Code as ultra-vires the Constitution of India.
  23. Where there is a potential violation of fundamental rights, the high court can interfere at a pre- detention stage: Madras High Court.
  24. The Delhi HighCourt has restrained Joy from selling or advertising cosmetic products that are deceptively similar to that of Nivea.
  25. A three member arbitrary tribunal held that, “COVID-19 pandemic has upset the very foundation upon which he parties entered into the lease deed.”

High Courts Weekly Roundup [February 1 – February 7]

Allahabad High Court

  1. UP Govt. Agrees Before Allahabad High Court To Permit 3 Persons Arrested With Siddique Kappan On Way To Hathras To Meet Lawyers In Jail.
  2. Allahabad High Court Grants Bail To Murder Accused Incarcerated For 7 Yrs Without Production Of Any Evidence/ Witness Against Him.
  3. Despite Marrying Willingly A Minor Girl Can’t Be Allowed To Stay With Husband Till She Attains Majority: Allahabad High Court
  4. “BSNL Occupying Land Unlawfully”- Cannot Expect Such A Conduct On Part Of Government Company: Allahabad High Court
  5. “Be Cautious In Passing Orders Of Such A Nature” Allahabad High Court Tells UP Govt. As It Decides To Drop ‘Exorbitant’ Bond Notices To Farmers.

Bombay High Court

  1. Rail Accident- Claim Can’t Be Denied On Account Of Boarding Wrong Train Mistakenly: Bombay High Court Directs Rly To Pay 8 Lakh To A Victim’s Mother.
  2. Bombay High Court Directs Kangana Ranaut To Decide Whether She Is Willing To Apply For Regularization of Construction, Extends Interim Protection.
  3. Cancerous To The Justice Delivery System If Hostile Witnesses Believe They Are Beyond The Rule Of Law: Bombay High Court
  4. “Effective And Honest Governance Of Financial Institutions Critical To Proper Functioning Of The Economy”: Bombay HC Rejects Yes Bank Promoter Rana Kapoor’s Bail.
  5. “Consensual Sex Between Minors A Grey Area Under POCSO Act”: Bombay High Court
  6. Authorities Should Avoid Viewing Action Against Religious Trust As Against God; Need To Have Secular Mind, Scientific Approach : Bombay High Court

Calcutta High Court

  1. Calcutta High Court Directs Centre To Grant Reservation, Other Benefits To Transgender Persons In Joint CSIR-UGC NET Exam
  2. Production Of Police Station CCTV Footage Can’t Be Ordered At The Drop Of A Hat Compromising Secrecy Of Other Investigations: Calcutta High Court
  3. Prima Facie Bias Or Mala Fide Exercise Of Power By State Authorities Necessary For Transferring A Case To CBI: Calcutta High Court
  4. IBC-Writ Jurisdiction Can Be Invoked Despite Availability Of Alternative Remedy If Allegation Pertains To Lack Of Jurisdiction Of NCLT: Calcutta High
  5. CBI’s Authority To Investigate Within ‘Railway Areas’ In A State Remains Unfettered By State Govt’s Withdrawal Of Consent: Calcutta High Court

Delhi High Court

  1. Delhi High Court Issues Notice To AajTak, Press Council Of India And The Centre On Plea Alleging Misreporting On Farmers’ Protests On Republic Day
  2. Sex On Promise Of Marriage After Concealing Identity: Delhi High Court Refuses To Quash FIR Though Victim Decides to Stay With Accused As His Wife
  3. Delhi High Court Issues Notice On Prashant Bhushan’s Plea For Quashing Of Defamation Case By Director, Indiabulls Venture Capital
  4. Death Of Man In ‘Jana Gana Mana’ Video : Delhi High Court Asks Delhi Police To File Affidavit On Working Of CCTV Cameras
  5. Delhi High Court Directs Status Quo To Be Maintained On Reliance-FRL Stake Sale Deal On Amazon’s Plea
  6. Cannot Act As An Appellate Authority Over A Decision Taken At Highest Level In The Government: Delhi High Court
  7. Delhi High Court Issues Notice On New Plea Against WhatsApp’s Privacy Policy Update.
  8. Delhi High Court Seeks RBI, Centre, DHFL Response On Plea Against Rules Allowing NBFCs Resolution Under IBC.
  9. Delhi High Court Directs TRAI To Strictly Enforce Curbs Against Unsolicited Commercial Communications.
  10. Commuting Life Sentence: Consent Of Central Govt. Mandatory U/S 435 CrPC, But Centre Can’t Deny It Without Application Of Mind.

Gauhati High Court

  1. ‘Foreigners Tribunal Acted Half Heartedly’: Gauhati HC Quashes Order Declaring Woman As Foreigner Passed Without Examining Relevant Witness.

Gujarat High Court

  1. Education Should Never Be Compromised”: Gujarat High Court Directs Govt. To Ensure That No Child Drops Out Due To Inability To Pay Fees.

Karnataka High Court

  1. ‘No Person Can Be Permitted To Intimidate Or Terrorize Judges’ : Karnataka High Court Issues Contempt Notice Over Threatening Letter.
  2. Karnataka High Court Seeks Details Of Action Taken Against Organisers/Participants Of Farmers Tractor Rally For Violating COVID19 Protocols.
  3. Is ‘Cauvery Calling’ A State Project? Karnataka High Court Grants Last Chance For Govt To Make Statement.
  4. Shivamogga Blast : Karnataka High Court Seeks Govt Reply On Inquiry, Preventive Steps.
  5. Airport Employees Union Challenges Lease Of Mangaluru Airport To Adani Group; Karnataka High Court Issues Notice.

Kerala High Court

  1. ‘Regularized An Illegal Act’: Kerala HC Quashes GO That Granted ‘Eligible Leave’ To Employees During Nationwide General Strike.
  2. Single Judge Bench Can Take Cognizance And Decide Civil Contempt Petitions: Kerala High Court.
  3. Kerala High Court Issues Notice In Plea Challenging Kerala Right to Burial of Corpse In Christian Cemeteries Act, 2020
  4. Recommendations Of State Human Right Commission Are Legally Enforceable, Binding On Govt/Authorities: Madras High Court (FB).

Madras High Court

  1. Wife Alleges Husband Died After Getting COVID Vaccination: Madras High Court Orders Expert Autopsy As Per AEFI Guidelines.
  2. ‘Reckless Statements Demeaning Another Religious Faith Will Only Sow Seeds Of Hatred’: Madras High Court Warns Evangelist While Quashing FIR.
  3. “No Monopoly Over Coronil”; Madras High Court Sets Aside Order Restraining Patanjali Ayurveda from Using The trademark ‘Coronil’.
  4. Publication Of Intended Acquisition In Little Known Newspapers Amounts To Fraud On Statute & On Right To Property Of Citizens: Madras High Court.
  5. ‘Lock Down A Force Majeure Event’ : Madras High Court Directs Complete Waiver Of License Fee During Total Lockdown Period.
  6. Writ Jurisdiction U/A 226 May Be Exercised At Pre-Detention Stage In Case Of Potential Threat To A Person’s Fundamental Rights: Madras High Court.

Meghalaya High Court

  1. Court Cannot Break Open The Seal Of “Sealed Cover CBI Reports” In Front Of Parties Without Returning Final Or Prima Facie Contentious Issues: Meghalaya HC
  2. Data Privacy Safeguards Are Sine Qua Non For Protecting Privacy Of Citizens Particularly When An App Is Required To Be installed At The Instance Of State: Meghalaya HC

Patna High Court

  1. ASJ Grants Pre-Arrest Bail To An Accused While Denying Same To Another In Same Matter: Patna High Court Calls For Probe In The Administrative Side.

Punjab & Haryana High Court

  1. Farmers’ Protest- Punjab & Haryana High Court Issues Notice To Centre, Haryana Govt. On Plea Challenging Suspension Of Internet.
  2. Widow Convicted In A Murder Case Eligible For Family Pension Since The Case Doesn’t Relate To Husband’s Death: Punjab & Haryana High Court
  3. ‘Panchayati Divorce’ Has No Legal Sanctity, Such Customs Ceased To Exist After Formulation Of Hindu Marriage Act: P&H High Court

Rajasthan High Court

  1. Install Smart Television Screens & Make Available Recorded Education Courses In Shelter Homes For Ladies/Children: Rajasthan High Court To State
  2. Gold Smuggling With Intent To Threaten Economic Security Of Country A ‘Terrorist Act’ Under UAPA : Rajasthan High Court

Legal Prudent Fraternity