Supreme Court Weekly Round-Up

‘Right To Change Of Faith Is Part Of Fundamental Right Of Choice’The Supreme Court on Monday delivered a detailed judgment in the Hadiya case, almost a month after it set aside the Kerala High Court judgment calling Hadiya’s marriage to Shafin Jahan a “sham”, and annulling it, while directing her return to the protective custody of her Hindu parents.SC Re-affirms Superiority Of...

High Courts Weekly Round-Up

Allahabad High CourtThe Allahabad High Court, on Wednesday, took suo motu cognizance of an incident of rape followed by the custodial death of the victim’s father in Uttar Pradesh’s Unnao district.Bombay High CourtThe Bombay High Court held that under the Protection of Women from Domestic Violence Act, 2005, the court is empowered by Section 28(2) to deviate from the prescribed...

Supreme Court Weekly Round-Up

Two-Decade-Old Crime: Conviction Not To Be Interfered With Merely Because Accused Were Juveniles On The Date Of Commission Of Alleged CrimeUpholding the conviction of two accused who raised their plea of juvenility before the Supreme Court for the first time, the apex court said the validity of the conviction in respect of the incident which occurred almost two decades back ought to be decided...

High Courts Weekly Round-Up

Allahabad High CourtThe Allahabad High Court held that Divorce decree by consent is also appealable if the consent is disputed and is alleged to be not free & bonafide in the absence of inquiry by court.Bombay High CourtBombay High Court acquitted an accused in a Rape Case finding that there was a deep love affair between the Accused and prosecutrix. The Court also held that under Section...

High Courts Weekly Round-Up

Bombay High CourtA full bench of the Bombay High Court held that a dying declaration cannot be rejected merely because it was not read over to the declarant. The three-judge bench of Justice RK Deshpande, Justice SB Shukre and Justice MG Giratkar of the Nagpur bench held the same after a division bench of the high court had framed a question for reference to a larger bench, the question...

Supreme Court Weekly Round-Up

Attempts By Khap Panchayats To Scuttle/Prevent Marriages “Illegal”In a significant judgment, the Supreme Court on Tuesday ruled that any attempt by Khap Panchayats or any other assembly to scuttle or prevent two consenting adults from marrying is absolutely “illegal”. Delivering a judgment in the PIL filed by NGO Shakti Vahini on the issue, a bench of Chief Justice Dipak Misra, Justices...

High Courts Weekly Round-Up

Bombay High CourtThe Bombay High Court observed that a Hindu, who converted to other religion, is entitled to his/her father’s property if father died intestate.The High Court yet again granted bail to a law student for appearing in his semester examinations. It is not the first time the said student has been granted a conditional bail for this reason, as the court had granted him bail...

Supreme Court Weekly Round-Up

SC Issues Directions To Prevent Misuse Of SC/ST Act, Govt.Servants Can’t Be Arrested Without Prior SanctionSupreme Court of India on Tuesday issued directions to prevent the misuse of provisions of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act 1989 (SC/ST Act). A Two Judge Bench of Justices AK Goel and UU Lalit was examining the question whether there can...

High Courts Weekly Round-Up

Chhattisgarh High CourtThe Chhattisgarh High Court recently held that the moment manufacturing process begins in an industry, the provisions of the Factories Act, 1948 would be applicable, and therefore, the provisions of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 (BOCW Act) would cease to operate in a factory.The ratio that...

Supreme Court Weekly Round-Up

Foreign Law Firms Can’t Set Up Office In India: Foreign Lawyers Can Advice Clients On ‘Fly in And Fly Out’ BasisSupreme Court of India on Tuesday held that foreign law firms cannot set up offices in India or practice in Indian Courts. But they can give advice to Indian clients on ‘fly in and fly out’ mode in temporary basis. The Bench also directed the Centre and BCI to...

Supreme Court Weekly Round-Up

Aadhaar Not Mandatory For NEET And Other ExaminationsThe Supreme Court on Wednesday held that Aadhaar is not mandatory for registering or appearing for NEET or any other national examinations. The Aspirants can Voter ID, Passport, Driving License, Bank Account book for the purpose.Kerala HC Judgment Annulling Marriage Between Hadiya And Shafin Jahan Set AsideThe Supreme Court set aside the...

High Courts Weekly Round-Up

Allahabad High CourtThe Allahabad High Court upheld the CBI enquiry ordered by the Central Government into serious allegations against the Uttar Pradesh Public Service Commission (UPPSC) in respect of examinations and their results held/declared during the period between 01.04.2012 and 31.03.2017.The High Court, on Friday, directed the State Government to ensure that all Government officials...