Round Ups
Supreme Court Weekly Round-Up
Principles Of “Double Jeopardy” Will Not Apply When Accused Was Discharged Due To Lack Of Proper Sanction [State of Mizoram V. Dr. C. Sangnghina]The Supreme Court on Tuesday held that when the accused was discharged due to lack of proper sanction, the principles of “double jeopardy” will not apply, and there is no bar for filing fresh/supplementary charge sheet after obtaining a...
High Courts Weekly Round-Up
Bombay High CourtThe Bombay High Court on Monday reiterated the Supreme Court’s orders and asked Special NIA Judge Vinod Padalkar, presiding over the trial in the 2008 Malegaon blast case that killed six and injured over a 100 people, to expedite the trial and conduct it on a day-to-day basis.On Wednesday, the High Court set aside a Pune court order that had granted more time to the police...
Supreme Court Weekly Round-Up
HC Can’t Modify Life Sentence To ‘Period Already Undergone’ While Upholding Conviction Of Murder [Jitendra @ Kalla V. State of Govt. of NCT Delhi] The Supreme Court observed that in a murder case, the high court as an appellate court, cannot modify the life imprisonment imposed by the trial court to period already undergone.‘Fact’ In Section 27 Of Evidence Act Not Limited To...
High Courts Weekly Round-Up
Allahabad High CourtLucknow bench of the Allahabad High Court on Thursday upheld the death penalty awarded to a 31-year-old man convicted of raping and murdering a 12-year-old girl. The judgment was delivered by a Bench comprising Justice RR Awasthi and Justice Mahendra Dayal. Bombay High CourtThe Bombay High Court recently came to the rescue of an elderly couple residing with their son and...
High Courts Weekly Round-Up
Allahabad High CourtFull Court of the Allahabad High Court on Wednesday upheld the constitutional validity of Section 14A (2) of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, which makes provision for an appeal from an order granting or refusing bail, even though such order is an interlocutory order, notwithstanding anything contained in subsection (3)...
Supreme Court Weekly Round-Up
Suit For Specific Performance: Plaintiff Has To Prove And Establish His Readiness And Willingness To Perform His Part Of Contract Throughout [Vijay Kumar vs. Om Prakash]The Supreme Court, while restoring a trial court order that dismissed a suit for specific performance of contract, reiterated that, in order to obtain a decree for specific performance, the plaintiff has to prove and establish...
High Courts Weekly Round-Up
Allahabad High CourtThe Allahabad High Court recently reiterated that lives of married couples cannot interfere with by anybody and that they are entitled to living peacefully without such interference.The High Court recently refused protection to a couple—a homosexual and a transgender— who had approached the court alleging that they were being harassed by their relatives.Pained to note...
Supreme Court Weekly Round-Up
SC Upholds Constitutional Validity Of Goods And Services Tax (Compensation To States) Act, 2017 [Union of India V. Mohit Mineral Pvt. Ltd.]The Supreme Court on Wednesday upheld the Constitutional validity of Goods And Services Tax (Compensation To States) Act, 2017, as well as the Goods and Services Tax Compensation Cess Rules, 2017, as framed under the Act. The verdict was delivered by a...
High Courts Weekly Round-Up
Allahabad High CourtThe Allahabad High Court recently dropped the contempt proceedings initiated against a district magistrate (DM) at the instance of a litigant. The Bench comprising Justice Ramesh Sinha and Justice Dinesh Kumar Singh-I opined that the complaint against District Magistrate Suhas LY had been made by the litigant in order to coerce him into giving a favourable judgment.Bombay...
Supreme Court Weekly Round-Up
Devotion Cannot Be Subjected To Gender Discrimination, SC Allows Women Entry In Sabarimala By 4:1 Majority; Lone Woman In The Bench Dissents [Indian Young Lawyers’ Association & Ors. V. State of Kerala & Ors.]The Supreme Court delivered one of the most keenly awaited judgment in Sabarimala case. by a 4:1 majority, the Court has permitted entry of women of all age groups to...
Supreme Court Weekly Round-Up
Person Who Remains In Occupation Of An Encroached Property Disqualified From Being Member Of Panchayath, SC Overrules Its Earlier Judgment [Janabai vs. Additional Commissioner]The Supreme Court, overruling its earlier decision, held that a person who shares an encroached property by residing there and there is continuance; he/she has to be treated as disqualified from being a Member of...
High Courts Weekly Round-Up
Bombay High CourtAurangabad Bench of the Bombay High Court recently ruled that charging people under Section 295 (deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs) of the Indian Penal Code merely for questioning superstition and traditional authority violates Articles 14 and 19 of the Constitution of...