Round Ups
Supreme Court Weekly Round Up
NI Act- Once The Presumption Under Sec.139 Is Drawn, Complainant Need Not Prove Source Of Fund Till Accused Discharges His Burden [Rohitbhai Jivanlal Patel V. State of Gujarat] The Supreme Court held that once the court has drawn presumption of existence of legally enforceable debt as per Section 139 of the Negotiable Instruments Act, factors like source of funds are not relevant if...
Supreme Court Weekly Round Up
Teachers Are Entitled To Gratuity, Holds SC After Recalling Erroneous Judgment [Birla Institute of Technology V. State of Jharkhand] Correcting its earlier erroneous judgment, the Supreme Court held that the teachers are entitled to invoke Payment of Gratuity Act for claiming gratuity from his/her employer. The bench comprising Justice Abhay Manohar Sapre and Justice Indu Malhotra...
High Courts Weekly Round-Up
Bombay High Court Nagpur Bench of the High Court recently held a journalist guilty of extortion for threatening to publish a news item defaming the complainant and demanding money in exchange for his silence. In doing so, Justice MG Giratkar observed, "The illustrations to Section 384 are very clear. All the illustrations show that even a threatening by journalists who are reporters...
Supreme Court Monthly Digest- February 2019
Significant Rulings Minority Status Of Aligarh Muslim University: SC Refers The Matter To Seven Judge Bench The Supreme Court referred to seven-judge bench the issue of determining the correctness of minority status granted to Aligarh Muslim University. A three-judge bench headed by Chief Justice Ranjan Gogoi referred the matter to the larger bench for defining the parameters...
High Courts Weekly Round Up
Allahabad High Court Dismissed public interest litigations filed challenging the renaming of Allahabad to Prayagraj observing that it is a policy decision of the State Government which cannot be said to be without basis.Directed the Aligarh Muslim University to hold a post decisional hearing in a case where a student was expelled from the rolls for a period of 10 years,...
Supreme Court Weekly Round Up
EPF Contribution Payable On 'Basic Wages' Camouflaged As Allowances [The Regional Provident Fund Commissioner (II) WB V. Vivekananda Vidyamandir] The Supreme Court held that, in order that the amount goes beyond the 'basic wages' for the purposes of the Employees' Provident Fund and Miscellaneous Provisions Act, 1952, it has to be shown by the employer that the workman concerned...
High Courts Weekly Round Up
Bombay High Court mere contractions in the statement of the witness cannot be the sole ground for conviction for perjury and the objectionable statements have to be perused as a whole to determine if the false statement was given willfully and knowingly.Restrained VijaypatSinghania, Raymond Limited's former chairman and managing director, from publishing his autobiography...
Supreme Court Weekly Round Up
Commercial Suits: 120 Days Deadline To File Written Statement Mandatory [SCG Contracts India Pvt. Ltd vs. K.S. Chamankar Infrastructure Pvt. Ltd] The Supreme Court observed that proviso added to the Code of Civil Procedure by Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015, is mandatory and no written statement can be taken on record...
Supreme Court Weekly Round Up
Rape & Murder Of 7.5 Year Old: SC Commutes Death Sentence [Vijay Raikwar V. State of Madhya Pradesh] The Supreme Court commuted the death sentence awarded to a man convicted for rape and murder of 7 1/2 year old girl. Three Judge Bench comprising of Justice AK Sikri, Justice S. Abdul Nazeer and Justice MR Shah, upheld the conviction, but observed that, though the crime can...
High Courts Weekly Round Up
Bombay High Court Extended the interim protection granted to scholar Anand Teltumbde from February 11 to February 22. Fixing the next date of hearing as February 22, the court added that in case of arrest, he could be released on bail upon providing a bond of Rs 1 lakh. Delhi High Court Held that the Board of Discipline under the Chartered Accountants Act 1949 can...
High Courts Weekly Round Up
Bombay High Court Observed that the can be challenged only on the ground of possibility of tampering of the blood sample of the accused, at any stage. Justice V. M. Deshpande observed thus while considering an appeal filed by a man convicted by the Trial Court in a minor-rape case. The Trial court, among other evidences, also relied on the DNA report which stated that the accused...
Supreme Court Weekly Round Up
Section 38 Specific Relief Act: Plaintiff Has To Prove His Actual Possession On The Date Of Filing The Suit [Balakrishna Dattatraya Galande V. Balakrishna Rambharose Gupta] The Supreme Court observed that in a suit filed under Section 38 of the Specific Relief Act, permanent injunction can be granted only to a person who is in actual possession of the property on the date of...