High Courts Weekly Roundup [November 8, 2021 To November 14, 2021]

Allahabad High Court 1. "Refer To 'Talisman' Given By Mahatma Gandhi In Case Of Dilemma About Right Decision": Allahabad HC Tells UP Govt Officers [Unnati Management College And 4 Others v. Rakesh Kumar,Director] In a significant observation, the High Court asked the Uttar Pradesh Government officers to refer to the Talisman given by the Father of the Nation, Mahatma Gandhi...

"Imposition Of Onerous Conditions For Grant Of Bail Tantamount To Denial Of Bail": Supreme Court

The Supreme Court of India has recently observed that imposition of onerous conditions for grant of bail is tantamount to denial of bail."We are of the considered view that imposition of onerous conditions for grant of bail tantamount to denial of bail", the Court said. A Bench comprising Justice Nageswara Rao and Justice BR Gavai made the observation...

Special Courts For MP/MLAs : Supreme Court To Examine If Cases Triable By Magistrate Can Be Committed To Sessions Court

The Supreme Court on Monday orally observed that when a statute states that the trial has to be before a Magistrate, Supreme Court court in exercise of its jurisdiction under Article 142 cannot then say that notwithstanding the statute, the jurisdiction will be exercised by Court of SessionsA Bench comprising CJI NV Ramana, Justice DY Chandrachud and Justice Surya Kant made the observation...

Section 3 Of Senior Citizens Act Cannot Be Deployed To Override Or Nullify Women's Right To A Shared Household: Delhi High Court

The Delhi High Court on Monday held that Section 3 of the Senior Citizens Act, 2007 cannot be deployed to override and nullify other protections in law particularly a women's "right to a shared household" under Section 17 of the DV Act. Justice Asha Menon added that the factual situation has to be assessed on a prima facie evaluation before directing the eviction of the daughter-in-law from...

There Can't Be Two Appointments To One Sanctioned Post; Otherwise Financial Burden On State : Supreme Court

The Supreme Court on Saturday (13th November) held that two persons cannot be appointed on one sanctioned post as the same would impose a serious financial burden on the State. A bench comprising Justices M.R. Shah and A.S. Bopanna dismissed a petition filed by the appellants, three Stenographers in the judgeship of Moradabad, whose appointments had been initially quashed by the...

Aryan Khan Case : Mumbai Court Asks NCB To Approach Pune Court For Permission To Record KP Gosavi's Statement

The Special NDPS court, on Monday disposed of the Narcotics Control Bureau's plea to record the statement of KP Gosavi, the infamous witness in the cruise drugs case whose selfie with Aryan Khan went viral on social media. The NCB sought permission to record Gosavi's statement in Yerwada central prison, where he is lodged in connection with a separate cheating case from 2018,...

'Cybersecurity In India Hasn't Received The Attention It Deserves': Plea In Supreme Court Seeks Guidelines To Combat Hacking, Cyber Crimes, Data Theft

The Supreme Court today adjourned the writ petition which sought for formulation of new guidelines to combat hacking, cyber crimes, data theft and allied issues for November 26, 2021.The bench of Justices AM Khanwilkar and CT Ravikumar directed Advocate Vivek Narayan Sharma appearing for the petitioner to serve an advance copy of the petition to Centre's (Ministry of Electronics and...

15-20 Lakh Street Children In Country, Estimates NCPCR; Supreme Court Directs States To Immediately Start Identification Process

The Supreme Court on Monday directed all the District Magistrates/ Collectors of all the state governments and UTs to take steps in accordance with the Standard Operating Procedure for Care and Protection of Children in Street Situations prepared by NCPCR in 2020.The Bench is currently hearing an application filed by the Amicus Curiae Gaurav Agrawal seeking directions in respect of children...

Calcutta HC Seeks Response From Suvendu Adhikari By Nov 29 In Mamata Banerjee's Election Petition Against Nandigram Results, Next Hearing On Dec 1

The Calcutta High Court on Monday adjourned the hearing of election petition filed by West Bengal Chief Minister Mamata Banerjee challenging BJP MLA Suvendu Adhikari's election win from the Nandigram constituency in the 2021 West Bengal Assembly Polls to December 1. On the previous date of hearing, a similar adjournment had been sought on the ground that a transfer petition has been filed...

Supreme Court Collegium Recommends Elevation Of One Judicial Officer, One Advocate As Andhra Pradesh High Court Judge

The Supreme Court Collegium in its meeting held on 11th November 2021 has approved the proposal for elevation of the following persons as Judges in the Andhra Pradesh High Court:ADVOCATE:1. Dr. K. Manmadha Rao, andJUDICIAL OFFICER:1. Ms. B.S. BhanumathiClick Here To Download...

Supreme Court Collegium Reiterates Names Of 8 Advocates, 3 Judicial Officers As Judges Of 4 High Courts

The Supreme Court Collegium in its meeting held on 11 November 2021 has, on reconsideration, resolved to reiterate its earlier recommendations for the elevation of Advocates as Judges in the following High Courts:Delhi High Court1. Ms. Tara Vitasta Ganju, 2. Shri Anish Dayal, 3. Shri Amit Sharma, and 4. Ms. Mini Pushkarna.Kerala High Court1. Smt. Shoba Annamma Eapen, 2. Smt. Sanjeetha...

Supreme Court Collegium Recommends The Elevation Of Advocate Saurabh Kirpal As Delhi High Court Judge

The Supreme Court Collegium, in its meeting held on 11th November 2021, approved the proposal for the elevation of Saurabh Kirpal, Advocate, as Judge in the Delhi High Court.A statement issued in this regard states thus:"The Supreme Court Collegium in its meeting held on 11th November, 2021 has approved the proposal for elevation of Shri Saurabh Kirpal, Advocate, as Judge in the Delhi...