Round Ups
High Courts Weekly Round-Up
Allahabad High Court Reiterated that a magistrate is obligated to mention his satisfaction as to the existence of a prima facie case, for summoning an accused.Reiterated that once the parties had decided to enter into a compromise, it would be oppressive and prejudicial to continue the proceedings. Bombay High Court Asked journalist and activist Gautam Navlakha to go...
Supreme Court Weekly Round-Up
[Ayodhya] : SC Allows Temple Construction In Disputed Land; Alternate Plot Of 5 Acres For Mosque [M. Siddiq V. Mahant Suresh Das] In an unanimous verdict, the Supreme Court held that the entire disputed land of 2.77 acres in Ayodhya must be handed over for the construction of Ram Mandir. At the same time, the Court held that an alternate plot of 5 acres must be allotted to the Sunni...
High Courts Weekly Round-Up
Allahabad High Court Reiterating that the State Government has the power to accord written permission for withdrawal of prosecution, the High Court quashed an order rejecting the application for withdrawal filed by the prosecution, and directed the trial court to consider the application afresh.Section 125 of the Code of Criminal Procedure, which is not community centric or...
Supreme Court Weekly Round-Up
Entirety Of Plaint Averments Have To Be Taken Into Account While Considering A Plea Seeking Rejection Of Plaint [Shaukathussain Mohammed Patel vs. Khatunben Mohmmedbhai Polara] The entirety of the averments in the plaint have to be taken into account while considering a plea seeking rejection of plaint, the Supreme Court reiterated. In this case, a suit was filed by the plaintiff in...
High Courts Weekly Round-Up
Bombay High Court Directed Pune Municipal Corporation to grant occupation certificate for two buildings at Indian Law Society Law College, Pune. While one of the buildings is meant for the new girls hostel, the second one is reserved for an arbitration centre.Allowed a plea by one Beena Muller, a citizen of Switzerland, to direct the State Adoption Resources Authority (SARA) to...
Supreme Court Weekly Round-Up
SC Grants Bail To Chidambaram In CBI Case In INX Media Scam [P Chidambaram V. CBI] The Supreme Court granted bail to former Union Finance Minister P Chidambaram in the case registered by CBI on corruption allegations in relation to INX Media FDI transaction. The bench comprising Justices R Banumathi, A S Bopanna and Hrishikesh Roy had reserved judgment on October 18 in his...
Supreme Court Weekly Round-Up
Mere Error In Framing Substantial Question Of Law Would Not Render A Judgment In Second Appeal To Be Set Aside [Illoth Valappil Ambunhi (D) vs. Kunhambu Karanavan] The Supreme Court observed that mere error in framing a question of law would not render a judgment in Second Appeal liable to be set aside, if it is found that a substantial question of law existed and such question has...
High Courts Weekly Round-Up
Bombay High Court Dismissed the bail pleas of Sudha Bharadwaj, Arun Ferreira and Vernon Gonsalves in the Bhima Koregaon case. Justice SV Kotwal pronounced the judgement to a packed courtroom with Senior Advocate Mihir Desai, Dr.Yug Mohit Chaudhary and Sudeep Pasbola present for the accused applicants.Held that there no vicarious liability in criminal law unless the statute takes it...
Supreme Court Monthly Digest- September 2019
Unregistered Agreement Of Sale Can Be Used As An Evidence For Collateral Purpose Prakash Sahu V. Saulal The Supreme Court recently upheld a Trial Court order allowing the plaintiff to lead evidence on insufficiently stamped unregistered agreement of sale in his suit for recovery of earnest money said to be paid by him at the time executing the agreement for sale. Order...
High Courts Weekly Round-Up
Bombay High Court Reserved judgement after conclusion of arguments in bail applications filed by activists Sudha Bharadwaj, Vernon Gonsalves and Arun Ferreira in Pune police's case against the said accused that they were involved in inciting caste-based violence at Koregaon Bhima in Pune on January 1, 2018.Held that Goods and Services Tax cannot be levied on the Duty-Free Shop(DFS)...
Supreme Court Weekly Round-Up
Article 14 Does Not Forbid Reasonable Classification For The Purposes Of Legislation [Rajasthan State Road Transport Corporation V. Danish Khan] The Supreme Court upheld a compassionate appointment regulation of Rajasthan State Road Transport Corporation which barred dependents of a deceased employee from claiming compassionate appointment in case of death of an employee while...
High Courts Weekly Round-Up
Allahabad High Court Recapitulated that the Employees Compensation Act, 1923 (the Act) is a social security legislation providing speedy and efficient machinery for determination and payment of compensation to the employees.Reiterated that the court does not have the jurisdiction to go into issues relating to appreciation of evidence under an application filed under Section 482...