Round Ups
High Courts Weekly Round-Up
Allahabad High CourtThe Allahabad High Court recently opined that burning the effigy of a living person prima facie does not amount to organising a mock funeral, which is an offence under Section 6 of the United Provinces Special Powers Act, 1932.Bombay High CourtThe Bombay High Court ruled that when employees of newspapers under the Working Journalists and Other Newspaper Employees...
Supreme Court Weekly Round-Up
Principle Of ‘Moulding Of Relief’ Can’t Be Invoked At Interlocutory StageThe Supreme Court observed that principle of moulding of relief could at best be resorted to at the time of consideration of final relief in the main suit and not at an interlocutory stage.Appointment Of Surveyor By Insurer Per Se Isn’t Waiver Of Condition Relating To Delay In Intimation In an important judgment...
High Courts Weekly Round-Up
Bombay High CourtThe Bombay High Court recently suggested that courts can opt for “modern ways of service”, while ordering substituted service of summons.In a significant judgment, for the first time since Independence, the Bombay High Court held that the Gowari community cannot be denied benefits of a Scheduled Tribe status and granted them independent status.Awarding a compensation of Rs...
Supreme Court Weekly Round-Up
Accused Entitled To Acquittal If Informant And Investigating Officer Is The Same PersonIn a significant pronouncement, a three-judge bench of the Supreme Court categorically held that the informant and the investigator in NDPS cases must not be the same person.Insolvency And Bankruptcy Code: Section 14 Moratorium Would Not Apply To A Personal Guarantor Of A Corporate DebtorThe Supreme Court...
High Courts Weekly Round-Up
Bombay High CourtThe Bombay High Court recently dismissed a criminal appeal filed by the State of Maharashtra against a judgment of the Additional Sessions judge in Sangli acquitting one Vijay Shinde and his parents who were booked under Sections 498A (cruelty) and 306 (abetment of suicide) of the Indian Penal Code.The High Court upheld the vires of Section 394 of the Mumbai Municipal...
Supreme Court Weekly Round-Up
Defence Of Negligence Can’t Be Raised In Proceedings U/s 163A Of Motor Vehicles Act, Reiterates SCThe Supreme Court upheld compensation awarded to the parents of deceased driver of the vehicle, reiterating that an insurer cannot be permitted to raise a defence of the negligence of the driver (victim) in proceedings under Section 163A of the Motor Vehicles Act.Doctrine of “Pay And...
High Courts Weekly Round-Up
Bombay High CourtIn an important point of law that came up in a criminal writ petition filed by one Siraj Pathan, who was an eye witness to a murder, the Bombay High Court dismissed the petition and held that an eye witness cannot circuitously impugn or appeal against a judgment of acquittal and seek a re-trial under Section 378 of the CrPC.The High Court recently quashed and set aside a...
Supreme Court Weekly Round-Up
Benefit of Ambiguity In Tax Exemption Notification Should Go In Favour Of Revenue Department: SC Constitution BenchIn an important judgment in the realm of taxation laws the Constitution bench of the Supreme Court in Commissioner of Customs (Import), Mumbai vs. M/s. Dilip Kumar and Company, ruled that exemption notifications should be interpreted strictly and that the burden of...
High Courts Weekly Round-Up
Allahabad High CourtThe Allahabad High Court quashed the demotion of two professors of Lucknow’s Integral University while criticising its Vice-Chancellor for throwing the principles of natural justice to winds.Bombay High CourtThe Bombay High Court recently refused to grant any relief to a final year law student from Govind Ramnath Kare College of Law with low attendance. A bench of Justice...
Supreme Court Weekly Round-Up
Clauses To Prevent Disputes And To Ensure Smooth Implementation Of Agreement Will Not Be An Arbitration AgreementThe Supreme Court in Shyam Sunder Agarwal vs. P Narotham Rao held that clauses inserted in the agreements to prevent disputes from occurring and to ensure smooth implementation of the agreement will not be an arbitration agreement. All Kinds Of Musical Programmes, Even If...
High Courts Weekly Round-Up
Bombay High CourtThe Bombay High Court in Sham Kumbhakarna vs. Yogita held that no ‘permanent custody’ orders can be made in proceedings under the Protection of Women from Domestic Violence Act, 2005.Giving the benefit of doubt to the accused, the High Court recently acquitted a man convicted under Sections 302 and 376(f) of the Indian Penal Code. Gaikwad was found sleeping over a foot...
Supreme Court Weekly Round-Up
Horrendous Acts Of Mobocracy Can’t Be Allowed Become New Norm: SC Condemns Lynching Incidents, Issues Directions In a landmark judgment Supreme Court of India on Tuesday condemned the lynching incidents across the country. The Bench headed by Chief Justice Dipak Misra said the horrendous acts of mobocracy cannot be allowed to become a new norm in the Country.Detaining Authority Under...