Round Ups
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...
High Courts Weekly Round-Up
Allahabad High CourtThe Allahabad High Court, on Thursday, lamented the rampant increase in corruption, opining that it has become difficult to find honest people these days.The Allahabad High Court imposed Rs. 5,000 as costs on the Prime Minister’s Office (PMO) and the Law Ministry for its delay in filing response to a PIL.Bombay High CourtIn a significant judgment, the Bombay High Court...
High Courts Weekly Round-Up
Bombay High Court The Bombay High Court commuted death penalty awarded to duo convicted by the trial court for kidnapping, raping and murdering a 4-year-old girl.Calcutta High CourtThe Calcutta High Court recently admonished a man who filed a writ petition against its sitting judges and their conduct in dealing with the cases filed by him.Chhattisgarh High CourtThe Chhattisgarh High Court...
Supreme Court Weekly Round-Up
Writ Of Mandamus Can’t Be Issued To Legislature To Amend Law“The writ of mandamus cannot be issued to the legislature to bring about an amendment in a legislation,” remarked the Supreme Court bench of Chief Justice Dipak Misra, Justice DY Chandrachud and Justice AM Khanwilkar on Friday.Cooperative Society Employee Can Choose Any Forum Under Kerala Cooperative Societies Act Or...
High Courts Weekly Round-Up
Bombay High CourtThe Bombay High Court recently dismissed a petition filed by one Mohammad Imran, who challenged the cancellation of his selection to the post of Civil Judge Junior Division and Judicial Magistrate First Class citing an unfavourable police verification report.Delhi High CourtThe Delhi High Court, on Wednesday, quashed a decision of the Central Board of Film Certification...
Supreme Court Weekly Round-Up
A Major Entitled To Freedom Of Choice, Court Can’t Assume Role Of Super Guardian“A major is entitled to the freedom of choice. As long as the choice remains, the court cannot assume the role of the super guardian, moved by the sentiment of the mother or the egotism of the father,” observed the Supreme Court bench of Chief Justice Dipak Misra, Justice DY Chandrachud and Justice...
High Courts Weekly Round-Up
Allahabad High CourtThe Allahabad High Court observed that a wife working against the wishes of husband or his family is not a ‘cruelty’ to grant divorce to husband.Bombay High CourtThe Bombay High Court on Monday issued notices to the Union of India, Comptroller and Auditor General of India, 14th Finance Commission of India, GST Council, State of Maharashtra on a PIL filed by one...
Supreme Court Weekly Round-Up
No Disciplinary Proceedings Can Be Initiated Against Lawyers For Their Acts Unrelated To Professional ConductThe Supreme Court, setting aside disciplinary actions taken against a lawyer by Bar Council of India, observed that initiation of disciplinary proceedings against a lawyer for his acts which has nothing to do with the professional conduct, is improper and without jurisdiction.Whether...
Supreme Court Weekly Round-Up
After The 2016 Amendment, Mere Knowledge Of The Accused that Victim Is SC/ST Is Sufficient For Prosecution Under SC/ST Act: SC The Supreme Court, in Asharfi vs State of Uttar Pradesh, observed that after the amendment of the Scheduled Caste/ Scheduled Tribe Prevention of Atrocities Act carried out in 2016, mere knowledge of the accused that the person upon whom the offence is committed belongs...
High Courts Weekly Round-Up
Allahabad High CourtThe Allahabad High Court, last week, upheld the acquisition of land by the State for the purpose of building the Delhi Meerut Expressway.The High Court held that the cut-off marks cannot be lowered to merely fill the seats reserved for the special category and once a candidate has submitted himself to a given procedure of selection, he cannot turn back and challenge the...
Supreme Court Weekly Round-Up
Lawyer’s Claim For Fee Based On Percentage Of The Decretal Amount Is Misconduct And Cannot Be The Basis Of A Complaint Under Section 138 NI ActHolding that a fee amount claim by a lawyer based on percentage of subject matter in litigation cannot be the basis of a complaint under Section 138 of the Negotiable Instruments Act, the Supreme Court in B. Sunitha vs. State of Telengana, quashed such...