Supreme Court Stays MP HC Judgment Which Held Defence Authorities' Reference Against Land Acquisition Compensation As Not Maintainable

The Supreme Court on Friday stayed the operation of the impugnedjudgement of the Madhya Pradesh High Court which held that Defence Authorities had no right to make a reference against the compensation awarded to land owners under Section 18 of the Works for Defence Act, 1903. Background of the Case In July 2021, a Bench of Justices A.M.Khanwilkar and Sanjiv Khanna had...

Benefits Provided To Dependents Of Freedom Fighters 'For Perpetuity' Need A Relook: Allahabad HC To Union, State Govts

The Allahabad High Court last week observed that it is high time when the governments have a re-look for providing concessions to dependents of freedom fighters and examine as to whether it remains desirable to allow such facilities to continue any further.Importantly, the Bench of Justice Ashwani Kumar Mishra and Justice Vikram D. Chauhan also stressed that benefits extended to family members...

Direction For Video Conferencing Facility At Jail Would Not Come In The Way Of ED Applying For Custodial Interrogation Of Ex-Unitech Promoters: Supreme Court

In connection with the Unitech case, the Supreme Court has clarified that its direction for video conferencing facility at the Jails where the accused Chandra brothers are housed to be made available so as to enable them to record their presence in the court proceedings where their presence is required, would not come in the way of the Enforcement Directorate in moving the requisite...

Applicability Of UP Govt's New Policy On Premature Release On Those Prisoners Who Were Not Considered Under Old Policy: Supreme Court Issues Notice

The Supreme Court on Friday issued notice to the SUtate of UP on the issue whether the cases of those prisoners serving life-sentence which were required to be considered for premature release during the term of the earlier policy of August 1, 2018 but were not considered would yet be governed only by the new policy of July 28, 2021. "Prima facie, we are of the view that you are bound to...

Supreme Court Disapproves Estranged Wife's Demand That Alternate House Should Have 'Same' Luxuries As Matrimonial Home

In a matrimonial dispute, the Supreme Court disapproved the stand taken by an estranged wife that the alternate accommodation offered to her should have the "same" luxuries as her matrimonial home, where she used to live with her husband. The Court also rejected her plea seeking permission to reside in the matrimonial home, after noting that "relations between the parties are so strained that...

Supreme Court Weekly Round Up- November 29 To December 5, 2021

JUDGMENTS THIS WEEK1. Arms Act - Illegal Use Of Licensed Weapon Per Se Not Offence Under Section 27 Unless Misdemeanour Under Sections 5/7 Proved : Supreme CourtCase Title: Surinder Singh v State (Union Territory Of Chandigarh)| Criminal Appeal No. 2373 Of 2010Citation : LL 2021 SC 687The Supreme Court has observed that illegal use of a licensed or sanctioned weapon per se does not constitute...

"Natural Justice Principles Violated": Manipur HC Sets Aside Legislative Assembly Speaker's Disqualification Order Against An MLA

The Manipur High Court last week set aside a disqualification order passed by the Speaker, 11th Manipur Legislative Assembly against an MLA, Tongbram Robindro Singh in June 2020.The Bench of Chief Justice Sanjay Kumar and Justice M. V. Muralidaran held that there was is a clear and flagrant violation of the principles of natural justice while passing the disqualification order as no...

Importance Of Ethics In Legal Profession : Lecture By Justice AS Oka

Supreme Court judge Justice Abhay S Oka delivered a lecture on the topic "Importance of Ethics In Legal Profession" as part of the Second Annual Lecture organized by the Advocates Association of Western India at Bombay High Court on December 4.The excerpts from his lecture given below :Rules Of Professional EthicsAs far as rules of professional ethics are concerned, the emphasis is on:...

SARFAESI Proceedings Not Invalidated On Mere Failure Of Bank In Giving Reply To Objections If Borrower's Proposals Were Otherwise Considered : Supreme Court

The Supreme Court held that failure to furnish reply by the creditor as per the mandate of Section 13(3A) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) would not entitle the debtor of discretionary relief, if the Court is satisfied that the creditor has considered the debtor's representation and...

Calcutta High Court Calls For An Inquiry Into Police Officials' Conduct For Not Investigating A Mob Lynching Case

Pulling up West Bengal Police for not following Police Regulation of Bengal in relation to a Mob Lynching Case, the Calcutta High Court last week called for an inquiry into the conduct of the Officers-in-Charge of two police stations in the state.The Bench of Justice Rajasekhar Mantha issued this order after noting lapses on the part of the Shibpur and the Shakespeare Sarani Police Stations...

Param Bir Singh's Challenge To Departmental Enquiries Should Be Made Before CAT : Maharashtra Govt Tells Supreme Court

The Maharashtra Government has told the Supreme Court that the former Mumbai Police Commissioner Param Bir Singh, who was recently suspended from the Mumbai police over allegations of misconduct, is indirectly trying to seek a stay on the criminal investigations pending against him through his Special Leave Petition, which is essentially filed against the preliminary enquiry as part...

Maintainance- Magistrate Empowered U/S 125 CrPC To Sentence Defaulter To Separate Terms Of Imprisonment Of Upto 1 Month For Every Month's Default: Rajasthan HC

In a significant judgment, the Rajasthan High Court has held that a Magistrate is empowered under Section 125 of CrPC to pass separate sentences over non-compliance of its order granting maintenance, and that such sentence may be of upto one-month imprisonment each for every month's default."We have no hesitation in holding that where the defaulter repeatedly breaches the order of...