Round Ups
High Courts Weekly Round-Up
Allahabad High CourtThe Allahabad High Court confirmed death sentence awarded to a man holding him guilty of murdering his octogenarian parents, brother and his wife, minor nephew and niece.The High Court, on Monday, sought the CBI’s response on an affidavit filed by Unnao rape victim’s mother, who has alleged that the agency was not conducting a fair investigation into her...
Supreme Court Weekly Round-Up
Labour Court Is Not Functus Officio For Considering Application To Set Aside Ex Parte AwardThe Supreme Court, in Haryana Suraj Malting Limited v. Phool Chand, held that labour court/industrial tribunal is not functus officio after the award has become enforceable as far as setting aside an ex parte award is concerned.Central Excise Act: Measure Of Levy Won’t Be Controlled By Its Nature:...
High Courts Weekly Round-Up
Bombay High CourtIn a significant judgment, the Bombay High Court held that merely because parties are governed by the Muslim Personal Law, it should not be an impediment in the wife invoking provisions of the Domestic Violence Act.The High Court recently allowed a petition filed by a public charitable trust called FE Dinshaw Trust and held that acquisition of land measuring almost 41 acres...
Supreme Court Weekly Round-Up
Second Appeal- Additional ‘Substantial Questions Of Law’ Can Only Be Framed At The Time Of Hearing, Not In Judgment ItselfThe Supreme Court, in Vijay Arjun Bhagat vs. Nana Laxman Tapkire, while setting aside a high court judgment, observed that the high court can frame additional substantial questions of law in the second appeal only during the hearing and not in the judgment.Navjot...
High Courts Weekly Round-Up
Bombay High CourtThe Bombay High Court recently dismissed an appeal filed by a man seeking a decree of nullity of his marriage with his wife that took place on February 14, 2009. The appeal was against an order of the family court dated September 10, 2012, wherein the wife’s counterclaim seeking a decree for restitution of conjugal rights was allowed.The High Court dismissed a writ...
Supreme Court Weekly Round-Up
Courts Can Place Reliance On Parliamentary Standing Committee Reports: SC Constitution Bench A Five Judge Constitution Bench on Wednesday held that the Courts can rely on Parliamentary Standing Committee Reports. The Constitution Bench comprising the Chief Justice Dipak Misra, and Justices A.K.Sikri, A.M.Khanwilkar, D.Y.Chandrachud and Ashok Bhushan unanimously held that placing reliance...
High Courts Weekly Round-Up
Allahabad High CourtThe Allahabad High Court held that writ petition under Article 227 of the Constitution of India challenging the order of the family court granting or refusing an interim injunction or modifying or vacating the same, would not be maintainable and such order would be appealable under Section 19(1) of the Family Courts Act, 1984.Bombay High CourtThe Bombay High Court at...
Supreme Court Weekly Round-Up
No Court Can Extend Statutory Period To Prefer Election PetitionThe Supreme Court, in Reji Thomas vs. State of Kerala, observed that once the mechanism provided under the Statute provides for a time schedule for preferring an election petition, in the absence of a provision in the Statute for enlarging the time under any given circumstances, no court can extend the period in...
High Courts Weekly Round-Up
Allahabad High CourtThe Allahabad High Court, on Wednesday, granted bail to Dr. Kafeel Khan, who was arrested by UP Police in connection with the Gorakhpur BRD medical college tragedy where scores of children died last year due to lack of oxygen.Bombay High CourtJustice GS Patel of the Bombay High Court directed the Prothonotary and Senior Master to institute a quota control system for...
Supreme Court Weekly Round-Up
Mere Abduction Of Woman Doesn’t Attract Offence Under Section 366 IPCThe Supreme Court reiterated that mere abduction of a woman does not attract offence under Section 366 of Indian Penal Code without proof that the woman was abducted with the intent that she may be compelled, or knowing it to be likely that she will be compelled to marry any person or in order that she may be forced or...
High Courts Weekly Round-Up
Allahabad High CourtThe Lucknow Bench of Allahabad High Court held that the award rendered by the Lok Adalat is not appealable and writ petition under Article 226 and/or 227 of the Constitution of India, against the award is maintainable on very limited grounds.Bombay High CourtIn a significant judgment, the Bombay High Court held that a petition for divorce through mutual consent can be...
Supreme Court Weekly Round-Up
Petitions Seeking Probe Into The Death Of Judge Loya DismissedSupreme Court of India dismissed the petitions seeking independent probe into Judge Loya’s death. The Three Judge bench of Chief Justice Dipak Misra, Justice D. Y. Chandrachud and Justice A. M. Khanwilkar, was pronouncing the verdict in the string of writ petitions seeking an independent probe into the death of CBI special judge...