High Courts Weekly Roundup [Nov 16 – Nov 22]

Allahabad High Court 1. DNA Test For Paternity Most Authentic For Wife To Establish That She Had Not Been Unfaithful, Adulterous Or Disloyal: Allahabad High Court [Neelam v. Ram Asrey] A Bench of Justice Vivek Agarwal observed that DNA Test is the most legitimate and scientifically perfect means, which the husband could use, to establish his assertion of infidelity. It said,...

Mumbai Court Remands Bharti Singh & Husband Haarsh To Judicial Custody Till December 4

The Magistrate Court at Esplanade Court, Mumbai on Sunday (22nd November) remanded Comedian Bharti Singh and her husband Haarsh Limbachiyaa to Judicial Custody till December 4.The Narcotics Control Bureau (NCB) arrested comedian Bharti Singh Yesterday i.e. on Saturday (21st November) and seized 86.5 grams of Ganja (Cannabis) in her house; her husband was arrested today morning (22nd November)...

Delhi High Court Resolves To Extend Existing Arrangement of Hearing Of Matters Till 16 Jan 2021

Full Court of the Delhi High Court has resolved, by circulation to extend the existing arrangement of hearing of matters till 16th January, 2021, in wake of the rising COVID-19 cases in the National Capital Territory of Delhi. The decision was taken by the Full Court which, by circulation, was to consider the further extension of the arrangement of hearing of matters by the High Court of...

Supreme Court Weekly Round Up

Week Commencing November 15 to November 22, 2020

'Husband Allegedly In Illegal Custody Of Wife': Madras High Court Appoints Advocate-Commissioner To Enquire Into Allegations

The Madras High Court on Friday (20th November) appointed an Advocate Commissioner to enquire into the allegations of a person that his friend (the Detenu), is under the illegal custody of his own wife (Detenu's wife).The Bench of Justice M. M. Sundresh and Justice D. Krishnakumar was hearing a habeas corpus plea filed by the friend of the alleged Detenu, inter alia, alleging that the Detenu...

'No Public Eye-Witness, Disclosure Statement Carries No Meaning', Delhi Court Grants Bail To 17 Yr Old Student in Delhi Riots case

The Karkardooma Court (Delhi) on Saturday (21st November) granted bail to a 17-year-old student, in a case related to the communal violence in NE Delhi which took place in February 2020.The Additional Sessions Judge Amitabh Rawat granted the minor bail while observing that there is no public eye witness who has attributed his role in the matter.BackgroundThe Case of prosecution is that one...

"Liberty of a Citizen Cannot Be Taken Away In this Manner":SC Sets Aside HC Order Dismissing Criminal Revision Due To Absence Of Lawyer

While setting aside an order of the the Punjab and Haryana High Court dismissing the plea of a man on account of absence of his counsel, the Supreme Court has observed that "liberty of a citizen cannot be taken away in this manner".A bench of Justices DY Chandrachud, Indu Malhotra and Indira Banerjee has observed that the high court was was manifestly in error in rejecting the revision order...

'Land Grab Case': Orissa High Court Refuses To Quash Criminal Proceedings Against BJP Leader Jay Panda's Odisha Infratech

The Orissa High Court on Friday (20th November) refused to quash proceedings initiated against Odisha Infratech Pvt. Ltd. in a case of alleged grabbing of land belonging to people of Dalit community.The Bench of Justice B. P. Routray refused "to interfere with the criminal proceeding, more particularly at the stage of pending investigation and accordingly, the prayer of the petitioners...

To Invoke Section 17 Limitation Act, Existence & Discovery Of Fraud Have To Be Pleaded & Proved : Supreme Court

The Supreme Court has observed that to invoke Section 17 of the Limitation Act 1963, the plaintiff has to plead and prove two ingredients - the existence and discovery of fraud.Section 17 of the Limitation Act deals with the effect of fraud on the limitation period for instituting a suit. It says that when the suit is based on the fraud of the defendant, the period of limitation shall not...

Rajiv Gandhi Assassination- Perarivalan Unaffected By Probe Into 'Larger Conspiracy'; TN Governor Can Take Call On Remission: CBI Tells Supreme Court

The CBI has informed the Supreme Court that convict A.G. Perarivalan has nothing to do with the further investigation conducted by its Multi-Disciplinary Monitoring Agency (MDMA) into the "larger conspiracy" behind the assassination of former Prime Minister Rajiv Gandhi in 1991.The Central probe agency was replying to the intervention application filed by the mother of the petitioner and...

Kerala Governor Promulgates Kerala Police (Amendment) Ordinance, 2020 To Punish Threatening, Abusive And Defamatory Content

Kerala Govt's New Ordinance is not limited to cyber space.

Allahabad High Court Refuses To Quash FIR Against AMU Proctorial Team Accused Of Abusing Man Flying BJP Flag On Vehicle

The Allahabad High Court on Thursday rejected a petition for quashing of FIR and consequent criminal proceedings pending against 12 members of the AMU proctorial team, accused of abusing a man for flying BJP flag on his vehicle in the University campus. A Single Bench of Justice JJ Munir observed that the presence of accused persons at the place of incident is not disputed...