Round Ups
Supreme Court Weekly Round Up
Sentence Can Be Enhanced In Convict's Appeal Only By Giving Him Notice Of Enhancement [Kumar Ghimirey V. The State of Sikkim] The Supreme Court reiterated that the power of a High Court to enhance sentence awarded to a convict, while considering his appeal, can only be exercised after giving him the notice of enhancement. Kumar Ghimirey was sentenced to 7 years imprisonment by...
Supreme Court Weekly Round Up
Tenants Can Be Evicted Only By Following Procedure Laid Down In Applicable Rent Control Laws [Dr. RS Grewal Vs. Chander Parkash Soni] The Supreme Court observed that the protection offered to a statutory tenant by Rent Control Laws can only be overcome by following the procedure laid out in such laws. The bench comprising Justice DY Chandrachud and Justice Hemant Gupta observed...
High Courts Weekly Round Up
Allahabad High Court The High Court observed that a person enrolled as an advocate ceases to be one as soon as he/she takes a full time salaried employment even if he/she continues to occasionally appear in Court for his/her employer. The Division bench comprising of Justice Pankaj Mithal and Justice Saumitra Dayal Singh observed that occasional appearance of Full Time Salaried...
Supreme Court Weekly Round Up
SC Dismisses Centre's Preliminary Objections Against Relying On "Privileged" Documents; Review To Be Heard On Merits [Yashwant Sinha V. Central Bureau Investigation] The Supreme Court dismissed Centre's preliminary objection against using privileged documents for considering the review petitions in the Rafale case. While dismissing the Centre's preliminary objections, the CJI...
High Courts Weekly Round Up
Allahabad High Court Dismissed a challenge against appointment of Justice Pinaki Chandra Ghose as the Chairman of Lok Pal.The Division bench comprising Justice Pankaj Kumar Jaiswal and Justice Rajnish Kumar observed that the Chairperson and Members of Lokpal are not an employment under the Government therefore the prohibition for employment under the Government of India or under...
Supreme Court Weekly Round Up
Employee Not Entitled To Full Back Wages On Acquittal, Unless His Prosecution Was Found Malicious [Raj Narain V. Union of India] The Supreme Court held that the employer cannot be mulcted with full back wages on the acquittal of an employee by a criminal Court, unless it is found that the prosecution is malicious. SC Strikes Down RBI Circular Asking Banks To Take...
High Courts Weekly Round Up
Bombay High Court Held that in case of a court-executed public auction of an immovable property, before confirming the sale, the Prothonotary and Senior Master of the High Court will obtain the applicable valuation of the property and send an authenticated copy to the office of Deputy Sherriff/Collector along with the sale certificate.Held that Sessions Court and High Court to...
Supreme Court Monthly Digest- March 2019
If Contempt Is In The Face Of Court, Judges Can Take Immediate Action Without Issuing Notice National Lawyers Campaign For Judicial Transparency and Reforms V. Union of India To hold Advocate Mathews Nedumpara guilty of contempt, the Supreme Court followed the dictum that when contempt is in the face of court, summary procedure can be followed to inflict punishment "then and...
High Courts Weekly Round Up
Allahabad High Court Lucknow Bench of the Allahabad High Court sentenced Additional Chief Secretary Mahesh Kumar Gupta till rising of the court, holding him guilty of contempt of court. Bombay High Court The Nagpur Bench of the High Court refused to suspend the sentence of Professor G N Saibaba, who is undergoing life imprisonment in Nagpur central prison after his...
Supreme Court Weekly Round Up
'Second FIR Not Barred Merely Because Motive In Both Offences Are The Same'; SC Upholds Life Sentence Of Saravana Bhavan Founder For Murder [Pattu Rajan V. State of Tamil Nadu] The Supreme Court upheld the life sentence awarded to P Rajagopal - the founder of famous South Indian restaurant chain Saravana Bhavan - and five of his aides for murder of Santhakumar in 2001. The bench...
High Courts Weekly Round Up
Bombay High Court Held that the reimbursement received under a medical claim policy cannot be deducted from compensation payable under Motor Vehicles Act.Lashing out at the investigating agencies probing the murders of CPI member GovindPansare and rationalist Narendra Dabholkar, the High Court observed that in the future a scenario would appear where only a few individuals...
High Courts Weekly Round Up
Bombay High Court Held that under the law, every prisoner who not a foreigner or a convict sentenced to death is eligible for emergency parole of 14 days for the death of parents, spouse, grandparents etc., and no authority can reduce the period of 14 days without recording valid reasons for the same.Held that merely because cognizance of a complaint under the Maharashtra Control...