Libertatem Magazine

High Court Archives

Andhra High Court Orders Chief Secretary of Government and Others to Not Interfere With Ayurvedic Practitioner Providing Traditional/Country Medicine for Coronavirus

This petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ order or direction, one more particularly in the nature of Writ of Mandamus declaring the action of the Respondents in interfering and disturbing the activities and trade of the Petitioner in practising Ayurvedic Medicine and in coercing/ forcing/ harassing the Petitioner herein to disclose the stipulated concoction (medical combination) of the ayurvedic/ naturopathic medicine being prepared by the Petitioner to deal with Covid-19, thereby denying the Fundamental Rights guaranteed to the Petitioner as being illegal, arbitrary and in violation of Article 19(1)(d) and (g), 21. And 301 of the Constitution of India, and consequently direct the Respondents not to interfere with the activities and trade of the Petitioner and also consequently direct the Respondents to consider granting adequate protection to the Petitioner to continue his Pro-bono services to the public.

Read Article »

Consider Recording Full Name of Vaccine and Passport Number, Kerala High Court Orders to Union of India

The Honourable Kerala High on Wednesday i.e., on the 2nd day of June 2021, gave a 15-day deadline to consider the inclusion of passport number and the full name of the vaccine as the countries look up to it as an essential. This instruction to the central government came out in the case Rahim Pattarkadavan v. Union of India, delivered by the 2-judge bench comprising Honourable Justice A. Muhamed Mustaque and Honourable Justice Kauser Edappagath. 

Read Article »

Delhi High Court Quashes Government Orders Restraining Private Unaided Schools From Collecting Annual Charges and Development Fees During Lockdown

In this case, a petition was filed by the Action Committee Unaided Recognized Private Schools, a registered association to seek quashing of the orders passed by the Directorate of Education dated 18th April and 28th August 2020, affirming that the same prevented private unaided recognized schools from collecting a part of fees i.e., Annual charges and development fees beyond the lockdown period and deferring it till physical openings of the school. Responding to this, the Court quashed the two orders as the Respondent had no power to indefinitely postpone the collection of Annual Charges and Development fees. And held that the impugned acts were prejudicial to the said Schools and would cause an unreasonable restriction in their functioning.

Read Article »

Rajasthan High Court Strikes Down Levy of Advance Fees From Students by Private and Government Medical Colleges

In this case, a PIL was filed by the Petitioner, an advocate by profession, challenging the condition imposed by the Respondents private medical institutions that the students seeking admission to MBBS Course to submit bank guarantee against the annual fees for the next 3½ years of course duration in addition to the deposit of annual fee for the first year of the course, at the time of admission. Responding to this, the Bench of Justices Sangeet Lodha and Rameshwar Vyas declared the said condition as illegal and thereby restrained all Government and private institutions from recovering any amount as advance fee in addition to the fee for one year from any student admitted to the course.

Read Article »

Liberty of Person in Custody Is Important and Shall Not Be Deprived of Access to Justice: Kerala High Court

The division bench of Kerala High Court ordered the Chief judicial Magistrate to take up the case and consider granting bail to the protesters who were detained by the police. This verdict was delivered in the case of Sayed Mohammed Koya v. Administrator, Union Territory of Lakshadweep, by the 2-judge bench of Honourable justice A. Muhamed Mostaque and Honourable justice Kauser Edppagath, on the 1st day of June 2021. 

Read Article »