High Courts Weekly Roundup [March 8, 2021 – March 14, 2021]

Allahabad High Court 1. Writ Of Habeas Corpus Not Maintainable Against Judicial Order Of Magistrate /CWC Sending Minor Victim To Children Protection Homes:Allahabad High Court (FB) [Rachna & Anr. v. State of UP & Ors.] A Full Bench comprising of Justice Siddhartha Varma, Justice Mahesh Chandra Tripathi and Justice Sanjay Yadav held that an order passed by a Judicial...

'Compensate Rape Accused Acquitted After 20 Yrs': BJP Leader Kapil Mishra Moves Supreme Court Seeking Mechanism To Deal With False Criminal Cases

Bhartiya Janata Party leader Kapil Mishra has moved Supreme Court by way of filing a Public Interest Litigation (PIL) seeking 'adequate compensation' for Vishnu Tiwari, a rape accused, who was recently acquitted by Allahabad High Court after spending 20 years In Jail. Mishra's plea, which has been filed through Advocate Ashwani Kumar Dubey, has also sought directions to the Centre...

Supreme Court Weekly Round Up [March 8 to March 14 2021]

JUDGMENTS THIS WEEK1. Supreme Court Asks Govt Employees Holding Post Of State Election Commissioner To Immediately Step Down As SECCase Title : State of Goa and another v Fouzia Imtiaz Shaik Citation : LL 2021 SC 158 While holding that serving government employees cannot simultaneously function as State Election Commissioners, the bench comprising Justices RF Nariman, BR Gavai and Hrishikesh...

Delhi High Court Stays GNCTD Order Suspending Electric Vehicle Subsidy For Tata Nexon EV

The Delhi High Court on Wednesday stayed the operation of an order dated 1st March 2021 passed by Deputy Commissioner of GNCTD directing suspension of listing of Tata Nexon EV as an eligible Electric Vehicle from the list of eligible models from availing subsidy under Delhi Electric Vehicle Policy. Justice Sanjeev Sachdeva granted the interim relief on a writ petition filed by Tata Motors...

"Do One Month Community Service At Gurudwara Bangla Sahib" Delhi High Court Directs Accused While Quashing FIR Against Him

The Delhi High Court on Friday directed a young accused of 21 years to do one month community service at Gurudwara Bagala Sahib while quashing the FIR against him on the ground of a compromise being entered between the parties. The Court directed the community service to continue from 16th March to 16th April 2021. A single judge bench comprising of Justice Subramonium Prasad passed...

"Young Lawyers Bring Fresh Perspective To The Table Which Helps In Evolution Of Law And Legal Precepts" : Justice Indu Malhotra

"The journey to a successful career at the Bar is a long and adverse one. However it is immensely fulfilling and satisfying in the end of it.", said Justice Indu Malhotra, in her farewell speech on Saturday.Justice Malhotra, the only woman so far to be directly elevated to Supreme Court from the Bar, was speaking at the virtual farewell organised for her by the Supreme Court Young Lawyers...

Action Should Be Taken Against Investigating Officer Who Leaks Private Data Of Accused To Third Parties : Karnataka High Court

In a significant verdict, the Karnataka High Court has held that an investigating officer has no right to disclose the private date seized from the smartphones or electronic gadgets of an accused to a third party, without the written permission of the concerned court.An investigating officer who leaks such private data to third party should be proceeded against for dereliction of duty...

Inexplicable and Tragic – Bombay High Court Delivers Judgement on Uncontested Petition Pending For 31 Years

In "a tragic and terrible commentary on our justice delivery system" the Bombay High Court adjudicated a testamentary petition, related to the Will of one Rasubai Chinoy, pending in the Bombay High Court's Registry for the last 31 years even though it was uncontested. Justice Gautam Patel said that there is a point of law involved but the answer is over a century old, "neither complex...

'Diversity in Judiciary Has Both Intrinsic and Instrumental Values, It Is A Deeply Worrying Fact That SC Has Now Only One Female Judge Now': Chandrachud J

If i had the power of mandamus, I would have allowed Justice Malhotra continue beyond tomorrow, said Justice Chandrachud

Section 195(1)(b)(i) CrPC Does Not Bar Prosecution By Investigating Agency For Offence U/s193 IPC Committed During Investigation Stage

The Supreme Court held that the prosecution by the investigating agency for offence punishable under Section 193 IPC [for fabricating false evidence] committed during the stage of investigation will not be barred under Section 195(1)(b)(i) CrPC if the investigating agency has lodged complaint or registered the case prior to commencement of proceedings and production of...

CCI Directs Make My Trip And Go Ibibo To Allow FabHotels, Treebo To Be Listed On Its Online Portals

"The Commission is of the view that denial of access to a dominant online intermediation can be lethal to the functioning of businesses who rely on such intermediaries to reach the end-consumers." -Competition Commission of India

Alleged Sexual Harassment Of Woman IPS Officer- "Issue Sensitive; Maturity & Restraint Required": Madras HC Expresses Satisfaction With Investigation Progress

The Madras High Court on Friday (12th March) expressed its satisfaction with the manner in which the investigation has progressed in suo moto case related to alleged sexual harassment of an IPS cadre woman officer by her senior, a Special DGP. Noting that the issue involved is 'quite sensitive', a Single Bench of Justice N. Anand Venkatesh observed that it was required that the...