Round Ups
High Courts Weekly Round Up
Bombay High Court The conviction of a 45-year old man accused of raping a woman multiple times set aside.The court was hearing an appeal filed by a Satara-based man, challenging his conviction under Sections 376 and 506 of the Indian Penal Code. The appellant was booked in August, 2008, after a woman, a marketing professional, registered a complaint against him with the...
Supreme Court Weekly Round Up
Important RulingsDecree Passed On Plaintiff's Evidence Without Defendant's Appearance At Trial Is Ex-Parte Decree [Ratna Raj by LRs vs Sri Muthukumaraswamy Permanent Fund Ltd] The Supreme Court held that a decree passed after taking plaintiff's evidence, without the appearance of defendant at the trial stage, is an ex-parte decree, which could be set aside under Order IX Rule 13 of...
High Courts Weekly Round-Up
Allahabad High Court The Allahabad High Court recently highlighted the importance of a playground in a school and asserted that the existence of such infrastructure "distinguishes an educational institution from an education shop". In doing so, Justice Ajay Bhanot also ruled that the playground and the school building should be a part of a single composite land. The High Court expressed...
Supreme Court Weekly Round-Up
Doctrine Of Notional Extension Of Employment Applies When Accident Occurred While Deceased Workman Was In Workplace Not By His Own Choice [Leela Bai & Anr V. Seema Chouhan & Anr] Applying the 'doctrine of notional extension of the employment', the Supreme Court ordered employers to pay compensation to the legal heirs of a bus driver who had died in an accident while he was coming...
Supreme Court Weekly Round-Up
Finger Print Evidence Of Accused Taken Without Magistrate's Order Not Illegal [Ashish Jain vs. Makrand Singh] The Supreme Court observed that merely due to the absence of a magisterial order authorizing the police to obtain fingerprints of the accused, it cannot be held that the fingerprint evidence was illegally obtained. The bench comprising Justice NV Ramana and Justice Mohan...
High Courts Weekly Round-Up
Allahabad High Court The Allahabad High Court directed the Municipal Corporations of Varanasi and Meerut to make the entire city stray cattle free by February 5. The direction was issued by a bench comprising Chief Justice Govind Mathur and Justice Chandra Dhari Singh. The court was hearing three petitions highlighting the problems being faced by the residents of Varanasi and Meerut due...
High Courts Weekly Round-Up
Allahabad High CourtThe Allahabad High Court on Wednesday confirmed death penalty awarded to a man convicted for the murder of six persons. Upholding the conviction recorded by the trial court, the bench observed: "All family members were done to death. Circumstances established by the prosecution are firm, cogent and believable. Chain of events are completed and linked with each other. There...
Supreme Court Weekly Round-Up
Can't Claim Parity Of Pay Scale Unless There Is Complete Identity Between Two Posts [Punjab State Electricity Board &anr. V. Thana Singh & Ors.The Supreme Court observed that unless there is complete identity between two posts, the posts should not be treated as equivalent to claim parity of pay scale.The court was considering the appeal filed by the Punjab State Electricity Board...
Supreme Court Weekly Round-Up
Writ Petition Under Article 227 Challenging Judicial Orders Are Maintainable, But Not Under Article 226 [State of Jharkhand v. Surendra Kumar Srivastava]The Supreme Court reiterated that a writ petition under Article 226 of the Constitution of India seeking writ of certiorari against judicial orders passed by civil courts is not maintainable. The bench comprising Justice Ashok Bhushan and...
High Courts Weekly Round-Up
Allahabad High CourtThe Allahabad High Court, on Friday, issued notice on a petition challenging the validity of Section 69 of the Information and Technology Act, 2000, which empowers authorities to intercept or monitor information through any computer resource. The order was passed by a bench comprising Chief Justice Govind Mathur and Justice CD Singh on a PIL filed by Saurabh Pandey,...
Supreme Court Weekly Round-Up
Insulting By Using Abusive Language Will Not, By Itself, Constitute Abetment Of Suicide [M Arjunan V. The State Rep. by its Inspector of Police] The Supreme Court observed that an act of insulting a person by using abusive language will not, by itself, constitute the abetment of suicide. Allowing the appeal filed by a man convicted for abetting suicide, the bench comprising of Justice R...