Round Ups
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...
High Courts Weekly Round-Up
Allahabad High CourtThe Allahabad High Court last week refused to quash the FIR filed against one Satish, who is an accused in the Bulandshahr violence case in which police inspector Subodh Kumar Singh and a local youth was killed on December 3. Bombay High CourtThe Bombay High Court recently held that a 'child', as is defined under Section 2(12) of the Juvenile Justice (Care and Protection...
High Courts Weekly Round-Up
Allahabad High CourtThe Allahabad High Court came down heavily on the Uttar Pradesh Government for cancelling a Type-VI accommodation provided to the Lokayukta and instead allotting a lower category accommodation.Bombay High CourtThe Bombay High Court on Monday refused to stay the Reserve Bank of India’s deadline of December 31 for dilution of promoter stake in Kotak Mahindra Bank. The RBI...
Supreme Court Weekly Round-Up
Accused In Summary Court Martial Proceedings Can Engage Legal Advisor [Jaswant Singh V. Union of India]The bench comprising of Justice DY Chandrachud and Justice MR Shah set aside an order of punishment of dismissal from service and six months rigorous imprisonment in civil jail, awarded to an Army sepoy after finding him guilty of assaulting a superior officer.Customs Act: Assessable Value...
Supreme Court Weekly Round-Up
Benefit Of Doubt Arising Out Of Inefficient Investigation Must Be Bestowed Upon The Accused [State of Uttar Pradesh V. Wasif Haider Etc.]The Supreme Court, affirming an acquittal in a murder case, observed that benefit of doubt arising out of such inefficient investigation must be bestowed upon the accused.Executive Magistrate Cannot Direct Police To Register FIR [Naman Pratap Singh vs. State...
High Courts Weekly Round-Up
Allahabad High CourtLucknow Bench of the Allahabad High Court on Wednesday upheld the dismissal of a judicial officer on grounds of misconduct, on the basis of two orders passed by her in land acquisition cases. Bombay High CourtIn a significant decision that will have an impact on elections for bar associations to be held across the State of Maharashtra, the Bombay High Court directed the...
Supreme Court Weekly Round-Up
Article 226 Can’t Be Used For Deciding Disputes For Which Civil And Criminal Remedies Are Available [Roshina T V. Abdul Azeez K.T.& Ors]The Supreme Court observed that a regular suit, and not a writ petition, is the appropriate remedy for settlement of the disputes relating to property rights between private persons.Even Heinous/Brutal Crimes May Not Be Rarest Of Rare [Sukhlal V. State...
High Courts Weekly Round-Up
Allahabad High CourtActing on its earlier warnings, Lucknow bench of the Allahabad High Court recently slapped Rs. 5000 as costs on a doctor of Bahraich District Hospital for writing a post-mortem report in illegible handwriting. Justice Anant Kumar opined that Dr. Rama Shankar Gupta “cannot be excused”, and ordered the amount to be deducted from his salary. The amount is expected to...
High Courts Weekly Round-Up
Allahabad High CourtA petition filed under Section 482 of CrPC by the accused challenging an order of Magistrate directing reinvestigation by police was dismissed by the Allahabad High Court on the principle that accused has no right of hearing during investigation. The Court held that investigation cannot be regarded as a proceeding pending against the accused so as to invoke Section...
Supreme Court Weekly Round-Up
Execution Of A Will Can Be Held To Be Proved When It Is Found To Be Ordinarily Free from Suspicious Circumstances [Jarnail Singh vs. Bhagwanti]The Supreme Court reiterated the settled law that execution of a Will must be held to have been proved not only when the statutory requirements for proving the Will are satisfied but the Will is also found to be ordinarily free from...