Round Ups
High Courts Weekly Round-Up
Bombay High CourtThe Bombay High Court, on Thursday, ruled that while a judgment and order of conviction of a foreign Court against an Indian citizen can be looked into by authorities and Courts in India, such judgment would not be ipso facto binding on such authorities.Chhattisgarh High CourtThe High Court of Chhattisgarh set aside the search committee constituted for making recommendations...
Supreme Court Weekly Round-Up
When Lender Merges With ‘Financial Institution’, Successor-In-Interest Entitled To Recovery Under SARFAESI ActThe Supreme Court bench of Justice A. K. Sikri and Justice Ashok Bhushan recently held that where an entity granting a loan is not a ‘banking company’ or a ‘financial institution’ under clauses (d) and (m), respectively, of Section 2(1) of the SARFAESI Act of 2002,...
Supreme Court Weekly Round-Up
‘Appellate Officer’ Under Public Premises (Eviction Of Unauthorized Occupants) Act, 1971 Is Not Persona Designata, But Civil CourtThe Supreme Court, in Life Insurance Corporation of India v Nandini J Shah & Ors, held that the appellate officer while exercising power under Section 9 of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971, does not act as a persona...
High Courts Weekly Round-Up
Allahabad High CourtThe full bench of Allahabad High Court, in M/s N.C.M.L. Industries Ltd. through Director and another Vs. Debts Recovery Tribunal, Lucknow and others, held that taking “symbolic possession” or issuance of possession notice, meeting with any resistance, cannot be treated as “measure”/s taken under Section 13(4) of the Securitisation and Reconstruction of Financial...
Supreme Court Weekly Round-Up
Service Of Summons Without Mentioning Therein Specific Day, Date, Year And Time Can’t Be Held As ‘Summons Duly Served’The Supreme Court, in Auto Cars v Trimurti Cargo Movers Pvt Ltd & Ors, held that service of summons on the defendants without mentioning therein a specific day, date, year and time cannot be held as “summons duly served” on the defendants within the meaning of...
High Courts Weekly Round-Up
Bombay High CourtThe Bombay High Court held that the stepson of a Hindu citizen dying intestate cannot claim inheritance over his property. Justice SC Gupte passed the judgment in a chamber summons taken out in a partition suit involving partition of ancestral property jointly owned by the parties in the suit.The High Court held that a licensing authority cannot refuse arms license to a...
Supreme Court Weekly Round-Up
When Two Consenting Adults Decide To Marry No One Can InterfereHearing the writ petition by NGO Shakti Vahini regarding the offence of honour killings, the Supreme Court bench of Chief Justice Dipak Misra, Justice D. Y. Chandrachud and Justice A. M. Khanwilkar reaffirmed, “Where two consenting adults agree to enter into matrimony, no individual rights, group rights or collective rights...
Supreme Court Weekly Round-Up
Non-Mentioning Of Accused’s Name In FIR Not A Ground To Doubt Its ContentsThe Supreme Court, in Latesh @ Dadu Baburao Karlekar v The State of Maharashtra, reiterated that merely because the names of the accused are not stated and their names are not specified in the FIR, that may not be a ground to doubt the contents of the FIR and the case of the prosecution cannot be thrown out on...
High Courts Weekly Round-Up
Allahabad High CourtNo intervention with the right of privacy of an Indian citizen can be permitted so mechanically, Allahabad High Court observed while ordering the police to discontinue surveillance of a man, who was kept under surveillance since 2011.Bombay High CourtThe Bombay High Court recently quashed and set aside an order passed by a metropolitan magistrate wherein an...
High Courts Weekly Round-Up
Bombay High CourtIn a huge relief to LLM students from Mumbai University who did not get time to prepare for their semester examinations since there was only a few days between their admission and the first semester exam, the Bombay High Court allowed them to take the first semester exams along with the second semester exams.Quashing an order passed by a joint civil judge junior division,...
Supreme Court Weekly Round-Up
No Special Consideration Can Be Given To Accused In Granting Bail Simply Because He Is A ForeignerThe Supreme Court, on Tuesday, asserted that an accused cannot be given any special consideration while granting bail simply because of the fact that he is a foreigner. “The law under Section 439 of Cr.P.C is very clear and in the eyes of the law every accused is the same irrespective of...
Supreme Court Weekly Round-Up
SC Elucidates Principles Of ‘Under Insurance’ And “Averaging Out”Elucidating the principles of “under-insurance” and “averaging out”, the Supreme Court, in IC Sharma vs The Oriental Insurance Co Ltd, held that when a group of items is insured under one heading and only some of the items and not all items are lost/stolen, then the principle of under-insurance will apply. The...