Round Ups
High Courts Weekly Round Up
Allahabad High Court Ordered to grant police protection to Sakshi Mishra, daughter of BJP MLA Rajesh Mishra, and Ajitesh Kumar, her lover who she claimed to have married on July 4. a notice to Prime Minister Narendra Modi on a petition challenging his election from Varanasi parliamentary constituency. Bombay High Court Held that a victim under the Immoral...
Supreme Court Weekly Round Up
Execution Petition Filed Without Certified Copy Of Decree Maintainable [Sir Sobha Singh And Sons Pvt. Ltd. vs. Shashi Mohan Kapur] In the appeal filed before the Supreme Court, the bench comprising Justice Abhay Manohar Sapre and Justice and Dinesh Maheshwari observed that it is not necessary to file a copy of the decree along with execution application unless the Court directs the...
Supreme Court Monthly Digest- June 2019
Cannot Burden Insurer To Follow Up An Inadequate Disclosure Of Material Facts By The Insured Oriental Insurance Company Ltd. vs. Mahendra Construction The Supreme Court observed that it is duty of the insured while making the proposal to make a clear and specific disclosure of material facts and that the insurer cannot be burdened to follow up an inadequate disclosure. As per...
High Courts Weekly Round Up
Allahabad High Court Converted the conviction for murder under Section 302 IPC to culpable homicide not amounting to murder by applying Exception IV to Section 300 IPC. Held that anticipatory bail application filed under Section 438 of Criminal Procedure Code is not maintainable before the High Court without exhausting remedy before the Court of Sessions, unless there...
Supreme Court Weekly Round Up
Marital Discord Between Parents Adversely Affects Child's Personality [Sheoli Hati V. Somanth Das] The ill consequences of the discord between mother and father effect the child in her normal upbringing and is a negative factor on child's personality and upbringing, said the Supreme Court while declining to interfere with a High Court order directing to admit a child in a boarding...
High Courts Weekly Round Up
Allahabad High Court Upheld the constitutional validity of Uttar Pradesh Self Financed Independent Schools (Fee Regulation) Act, 2018 which provides for regulation of fees in self financed independent schools in the State.Held that the right to shelter is a fundamental right and the State has a constitutional duty to provide house sites to the poor. Bombay High...
Supreme Court Weekly Round Up
Order VII Rule 11(d) CPC: Plaint Can Either Be Rejected As A Whole Or Not At All [Madhav Prasad Aggarwal vs. Axis Bank] Plaint can either be rejected as a whole or not at all, remarked the Supreme Court while reiterating that it is not permissible to reject plaint qua any particular portion of a plaint including against some of the defendant(s) and continue the same...
High Courts Weekly Round Up
Allahabad High Court Stayed the May order of the AICTE rejecting the application for extension of approval of the courses run by Hindustan College of Science and Technology, Mathura. Bombay High Court Held that when the rights and title of the litigants is settled in proceedings by the Civil Courts, such verdicts would be binding upon the revenue authorities.Issued...
High Courts Weekly Round Up
Bombay High Court Held that the bare act of touching hands of a fellow colleague is not sufficient to constitute the offence of outraging mode of a woman. Division bench of Justice TV Nalawade and Justice KK Sonawane quashed a FIR filed against Dilip Lomate under Section 354 (assault or criminal force to a woman with intent to outrage her modesty) of the Indian Penal Code....
Supreme Court Monthly Digest- May 2019
Statutory Appeal Can Be Filed Even If Application To Set Aside Ex-Parte Decree [ Order IX Rule 13 CPC] Is Dismissed Bhivchandra Shankar More vs. Balu Gangaram More The Supreme Court observed that the right of appeal under Section 96(2) CPC is a statutory right and the defendant cannot be deprived of the statutory right of appeal merely on the ground that the application filed by...
High Courts Weekly Round Up
Allahabad High Court The Lucknow bench of the High Court dismissed a writ petition of BJP leader Jayaprada challenging the election of Azam Khan from the Rampur parliamentary constituency in the recently concluded Lok Sabha election.Taking a stern view of the Uttar Pradesh Bar Council Chairperson Darvesh Yadav's murder in Agra court premises, the High Court directed state government...
High Courts Weekly Round Up
Bombay High Court Directed State government to pay Rs.10 lakh to parents of a minor girl for negligent investigation. The girl went missing and subsequently her body was found by the police on January 2, 2012.Refused to grant the crime branch full custody of the three doctors who are accused of abetting the suicide of Payal Tadvi, a 26-year-old second-year MD student at...