Supreme Court Weekly Round-Up [ Feb 24 - Mar 1]

Enforcement Directorate Has No Right To Impound Passport [Assistant Director Enforcement Directorate v. Ashok Ramchander Chugani & Anr.] The Supreme Court has reiterated that the Enforcement Directorate has no right to impound the passport and the same can only be impounded by the Passport Authorities. The division bench comprising Justice Arun Mishra and Justice Indira Banerjee...

High Courts Weekly Round Up

Judgments/ Orders Allahabad High Court Offences Under SC/ST Act Is Made Out When Offence Is Perpetrated In Public [KP Thakur & Anr. v. State of UP & Anr.] The Allahabad High Court has held that for constituting an offence under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, the alleged offence should have been committed in "public...

Supreme Court Weekly Round-Up [Feb 17 - 23]

'Absolute Exclusion Of Women From Command Appointments In Army Illegal': SC Dismisses Centre's Appeals Against Delhi HC Verdict [The Secretary, Ministry of Defence v. Babita Puniya & Ors.] In a significant judgment on gender equality, the Supreme Court directed that Permanent Commission should be granted to women in the army regardless of their service, in all the ten...

High Courts Weekly Round-Up

Allahabad High Court Marital Status Of A Daughter Alone Not A Ground For Rejecting Claim For Compassionate Appointment: Reiterates Allahabad HC [Mala Devi v. State of UP] The Lucknow bench of the Allahabad High Court has reiterated that marital status of a daughter alone cannot be the ground for rejecting her application for compassionate appointment in terms of The U.P. Recruitment...

Supreme Court Monthly Digest [January 2020]

Significant Judgments Of January 2020 Kashmir Lockdown Judgment: [Anuradha Bhasin v. Union ofIndia] A significant take away from the Supreme Court's judgement on Kashmir lockdown is its declaration that freedom of speech and expression and also freedom of trade and commerce through the medium of internet are constitutionally protected rights under Articles 19(1)(a) and...

High Courts Weekly Round-Up

Allahabad High Court Time-Bound Contractual Services On Honorarium Basis Cannot Be Classified To Be An Office Of Profit [Neelam Nigam v. State of UP] Justice Attau Rahman Masoodi held that time-bound contractual services on honorarium basis cannot be termed to be an office of profit and hence, an elected pradhan, receiving honorarium in a private contractual service, alone is not...

Supreme Court Weekly Round-Up

• Settlement Between Victim & Accused Not A Valid Ground To Quash FIR/charge-sheet When Offences Are Serious & Against Society, Reiterates SC [Arjun Singh v. State of UP] The Supreme Court has reiterated that settlement between the victim and the accused cannot be a valid ground to quash the FIR. or the charge sheet when the offences alleged are against society and not...

High Courts Weekly Round-Up

Allahabad High Court Allahabad HC Grants Bail To Swami Chinmayanand In Sexual Exploitation Case Of Law Student [Swami Chinmayanand Alias Krishna Pal Singh v. State of U.P.] The Allahabad High Court granted bail to former Union Minister and BJP leader Swami Chinmayanand, who has been accused of sexually exploiting a 23 years old law student. The order was passed by...

Supreme Court Weekly Round-Up

[Specific Performance] Plaintiff Has To Prove That He Has Means To Generate Consideration Amount: SC [C.S. Venkatesh v. A.S.C. Murthy] The Supreme Court has observed that it is mandatory on the part of the plaintiff in a Specific Performance Suit to prove that he has the means to generate the consideration amount. The bench of Justices Abdul Nazeer and Deepak Gupta was considering...

High Courts Weekly Round Up

Bombay High Court Bombay HC Restores 42-Year-Old Suit, Allows 22-Year-Old Petition And Directs Trial Judge To Expedite Hearing The Single Bench of Justice AS Gadkari allowed a writ petition filed by one Kamala Bharwani (since deceased) in 1998 wherein orders of the trial court dismissing a suit filed by her in 1978 were challenged. The trial court had dismissed the said suit for...

Supreme Court Weekly Round Up

● Coverage Of 'Flood & Inundation' Insurance Includes Damage Caused By Heavy Rains And Not Just Overflowing Of River [Oriental Insurance Company Ltd v M/s J K Cement Works Ltd] The issue before the Court was that whether these words included only damage caused by overflowing of rivers, or they included damages caused by heavy rains as well. To decide the matter, the...

High Courts Weekly Round-Up

Allahabad High Court No Religion Prescribes Use Of Loudspeakers For Worshipping: Allahabad HC Declines Mosques' Request To Install Loudspeaker For Azaan [Masroor Ahmad & Anr. v. State of UP & Ors.] Stating that no religion prescribes the use of loudspeakers for worshipping, the Allahabad High Court declined the permission sought by two mosques to...