Round Ups
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...
Supreme Court Weekly Round-Up
Electoral Bonds: SC Gives Two Weeks Time To Election Commission To Reply [Association for Democratic Reforms & Anr. v. Union of India Cabinet Secretary & Ors.] The Supreme Court declined to grant an immediate stay on the 2018 Electoral Bonds Scheme ahead of the Delhi Assembly polls, granting the Election Commission two weeks' time to reply. "A stay was not given by this...
Supreme Court Weekly Round-up
● Motor Accidents Claim: Violation Of Law By Itself Cannot Lead To A Finding Of Contributory Negligence [Mohammed Siddique v. National Insurance Company Ltd.] The Supreme Court has held that violation of law by itself, without anything more, cannot lead to a finding of contributory negligence while considering claim petitions filed in Motor Accident Cases. The bench of...
High Courts Weekly Round-Up
Allahabad High Court ● Right Of An Indigent Accused To Free Legal Services Will Be "Illusory" Unless The Court Informs Him Of Such Right. [Shadaan Ansari v. State of UP & 2 Ors.] The Allahabad High Court has reiterated that while prosecuting an indigent person who cannot afford to engage of lawyer, the court must provide him with "real and meaningful" free legal aid....
Supreme Court Weekly Round-Up
SC Asks NGO To Show Its Locus In Land Grab Complaint Against Yeddyurappa & D K Shivakumar The Chief Justice S.A.Bobde granted two weeks time to petitioner-NGO Samaj Parivartan Samudaya to show that it has earlier brought the matter to the attention of the concerned Lokayukta. The case was regarding a plea to rekindle a 2008 land-grabbing case against Karnataka CM B.S.Yeddyurappa...
High Courts Weekly Round-Up
Allahabad High Court ● The Lucknow Bench of the Allahabad High Court posted the Habeas Corpus petition filed on behalf of Lucknow based senior lawyer and president of human rights group Rihai Manch, Mohammad Shoaib, for next week. The bench of Justices Shabihul Hasnain and Virendra Kumar-II, has granted a week's time to the State to file the counter affidavit. Advocate Shoaib...
High Courts Weekly Round-Up
Allahabad High Court ● Reiterated that where the defence has admitted the postmortem report submitted by the prosecution as genuine, the same may be read as substantive evidence. Bombay High Court ● In a significant ruling, allowed an adoption petition filed by a 66-year-old man who sought adoption of a 22-year-old girl who was raised by him and his wife. ● ...
Supreme Court Monthly Digest- December 2019
Consumer Forums/Commissions Cannot Consider Complaint/Appeal On Merits After Finding That It Is Time Barred M/S. Singal Udyog V. National Insurance Company Ltd. & Ors. The Supreme Court observed that a Consumer Forum/Commission after having come to the conclusion that the complaint/appeal was barred by limitation, could not consider the merits of the matter. The bench...
High Courts Weekly Round-Up
Allahabad High Court While cautioning the courts to be circumspect and judicious in exercising the discretion and issuing process, the High Court quashed the summoning order passed against the editorial staff of a newspaper, in connection with a defamation case. Bombay High Court Dismissed an appeal filed by on Sagar Dhuri, a 23-year-old man convicted of sexually...
High Courts Weekly Round-Up
Allahabad High Court Took suo moto cognizance of the shocking incident where three men began to open fire inside a courtroom in the Bijnor district of Uttar Pradesh.The preventive detention is an encroachment upon the personal liberty of an individual and cannot be said to be encroached in a casual manner as has been done in the instant case,'' said High Court bench, Justices...
Supreme Court Weekly Round-Up
Candidate Not Estopped From Challenging Selection Process When Misconstruction Of Statutory Rules Is Alleged [Meeta Sahi v State of Bihar] In a notable judgment in service law, the Supreme Court held that a candidate will not be estopped from challenging a selection process on the ground of having participated in it when there is allegation of "misconstruction of statutory rules...