High Courts Weekly Round Up

Allahabad High Court Directed Agra University to pay the first year medical student Rs 1 lakh for not exercising care and vigilance in checking the answer sheet in semester examinations at the University.In a notable judgment, the High Court explained the reasons for exempting Duty Free Shops(DFS) in airports from Goods and Services Tax (GST). The Court was considering a PIL filed by...

Supreme Court Weekly Round Up

Every Person With Mental Illness Shall Have A Right To Live With Dignity [Accused 'X' V. State of Maharashtra] The Supreme Court, in a judgment delivered last month, noted that under the Mental Health Care Act, 2017, there is a statutory right for mentally ill persons to live with dignity The bench comprising Justice NV Ramana, Justice Mohan M. Shantanagoudar and Justice Indira...

Supreme Court Weekly Round Up

Appeals Against Non Inclusion In NRC Maintainable Only When Foreigners Tribunal Has Not Already Decided Nationality [Abdul Kuddus V. Union of India] The Supreme Court observed that right to appeal before the Foreigners' Tribunal against non-inclusion in National Register of Citizens is available only in those cases, where the Tribunal has not already adjudicated upon and decided...

High Courts Weekly Round Up

Allahabad High Court Held that a Government servant is not entitled to full pension/death cum-retirement gratuity on/or during pending disciplinary/judicial proceedings against the government servant.Acquitted a couple in a murder case, one of whom was sentenced to death by the Trial Court. The High court observed that the involvement of the couple in the case appears to be doubtful...

High Courts Weekly Round Up

Allahabad High Court Reprimanded the Uttar Pradesh for the "unsound" practice of taking possession of private land without an acquisition or giving any compensation. A bench of Justice Shashi Kant Gupta and Justice Pankaj Bhatia also reminded the government that the right to property might no longer be a fundamental right but it still is a constitutional right and also a human...

Supreme Court Weekly Round Up

Section 319 CrPC: Persons Named In FIR, But Not Chargesheeted Can Be Summoned Even If Stage Of Protest Petition Is Over [Rajesh V. State of Haryana] The Supreme Court observed that a trial court can summon under Section 319 of the Criminal Procedure Code, those persons named in FIR, but who were not charge-sheeted, even if the stage of giving opportunity to the complainant to file...

High Courts Weekly Round Up

Bombay High Court heard a petition filed by a 56-year-old lawyer accused under Sections 376(2)(i)(n), 323 and 496 of Indian Penal Code 1860 and Sections 6 and 10 of the Protection of Children from Sexual Offences Act 2012, and Sections 9, 10 and 11 of Prohibition of Child Marriage Act, 2006 for quashing of FIR u/Section 482 of IPC. A division bench of Justice Ranjit More and...

Supreme Court Weekly Round Up

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...

Supreme Court Monthly Digest- April 2019

One Sided Clauses In Builder-Buyer Agreements Is An Unfair Trade Practice Pioneer Urban Land & Infrastructure Ltd. V. Govindan Raghavan The Supreme Court held that the incorporation of one-sided clauses in a builder-buyer agreement constitutes an unfair trade practice as per Section 2 (r) of the Consumer Protection Act, 1986. The bench comprising Justice UU Lalit and Justice...

High Courts Weekly Round Up

Bombay High Court Acquitted one Ramdas Shinde, who was sentenced to death after being convicted by the Sessions Judge, Nashik under Section 302 of IPC for murder of a 34-year-old woman and her 6-year-old son.While hearing a petition filed by a 29-year-old transgender, the High Court observed that the state government should take steps to include a column for transgenders in...

Supreme Court Weekly Round Up

A Dying Declaration Is Not Invalid Merely Because It Was Not Certified By A Doctor [Poonam Bai V. State of Chhatisgarh] The Supreme Court acquitted a convict by setting aside the judgment of the High Court of Chhattisgarh which had convicted her for murder, after finding lacunae in the dying declarations. Considering the appeal, the bench of Supreme Court comprising...

High Courts Weekly Round Up

Allahabad High Court Held that a woman employee was entitled to maternity leave for a full period of six months as against only three months she was granted by the respondent District Basic Education officer, Bijnor and directed latter to provide the petitioner woman employee maternity leave with honorarium with effect from 30.12.2018 to 31.3.2019 as was prayed by her.Dismissed a...