Round Ups
Supreme Court Monthly Digest- November 2019
SC Keeps Sabarimala Review Pending Till Larger Bench Decides Issues Of Essential Religious Practices Kantaru Rajeevaru V. Indian Young Lawyers Association The Supreme Court by 3 :2 majority, decided to keep the review petitions in Sabarimala matter pending until a larger bench determines questions related to essential religious practices. The majority of CJI Ranjan Gogoi,...
High Courts Weekly Round-Up
Bombay High Court Asked the Reserve Bank of India to file an affidavit-in-reply in former ICICI bank CEO and MD Chanda Kochhar's plea challenging ICICI's decision to terminate her. Division bench of Justice Ranjit More and Justice SP Tavade heard Kochhar's writ petition which contends that the bank could not have terminated Kochhar retroactively in 2019 when her retirement was approved...
Supreme Court Weekly Round-Up
Resigned Govt. Employees Not Entitled To Pension [BSES Yamuna Power Ltd. V. Sh. Ghanshyam Chand Sharma & Anr.] The Supreme Court observed that an employee who has resigned from service is not entitled to pensionary benefits available to those who 'voluntary retired'. The bench noticed that Rule 26 of the CCS Pension Rules provides that the past service of employee...
High Courts Weekly Round-Up
Allahabad High Court In a big relief to alumni of Jharkhand State Open School pursuing different courses at the APJ Abdul Kalam Technical University (AKTU), the High Court held that the University could not delete their names from the college enrollment list merely because the school was found to be non-recognized, post admissions.Holding that a student cannot be deprived of...
Supreme Court Weekly Round-Up
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 The Lucknow bench of the High Court issued notices on petition challenging the use of "reserved election symbols" by political parties as their party logos.Held that cogent evidence was required to summon a person under Section 319 of CrPC and that the same was a subject matter of scrutiny of trial court, which were to decide the application.While...
Supreme Court Weekly Round-Up
State Cannot Alienate Water Bodies For Industrial Activities Under The Guise Of Providing Alternatives [Jitendra Singh V. Ministry of Environment] The Supreme Court held that it is not permissible for the State to alienate common water bodies for industrial activities, under the guise of providing alternatives. The bench of Justice Arun Mishra and Justice Surya Kant was considering...
Supreme Court Weekly Round-Up
Seniority Cannot Be Claimed From A Date When The Incumbent Was Not Borne In Service [K. Meghachandra Singh vs. Ningam Siro] The Supreme Court observed that, under Service Jurisprudence, seniority cannot be claimed from a date when the incumbent is yet to be borne in the cadre. The bench comprising Justice R. Banumathi, Justice AS Bopanna and Justice Hrishikesh Roy was...
High Courts Weekly Round-Up
Allahabad High Court The Lucknow Bench of the High Court directed the Centre and the UP State government to decide whether or not the existing Shia and Sunni Wakf Boards in UP should be set aside to establish a Single Wakf Board instead.In the backdrop of Delhi-NCR gasping for fresh air due to severe pollution, the High Court pulled up Uttar Pradesh administration for failure to stop...
Supreme Court Monthly Digest- October 2019
Succession To Mutawalliship By Descendant Through Female Line Not Barred Md. Abrar vs. Meghalaya Board of Wakf The Supreme Court held that there is no legal bar on cognatic heirs of the waqif from succeeding to mutawalliship. The bench comprising Justice NV Ramana, Justice Mohan M. Shantanagoudar and Justice Ajay Rastogi reiterated that in order to establish a claim...
Supreme Court Weekly Round-Up
SC To Keep Sabarimala Review Pending Till Larger Bench Decides Issues Of Essential Religious Practices [Kantaru Rajeevaru V. Indian Young Lawyers Association] The Supreme Court by 3 :2 majority, decided to keep the review petitions in Sabarimala matter pending until a larger bench determines questions related to essential religious practices. The majority of CJI Ranjan Gogoi,...
High Courts Weekly Round-Up
Allahabad High Court Reaffirming that a company has a separate legal identity from its owners, the High Court stayed the recovery proceedings started by the Respondents, Ghaziabad Development Authority and District Magistrate, Ghaziabad against the Petitioner, Rakesh Jain and asked them to file their responses in the matter. Held that no sanction for prosecution under the Prevention...