Round Ups
High Courts Weekly Round-Up
Allahabad High CourtThe Allahabad High Court, on Wednesday, ruled that an application for voluntary retirement cannot be rejected solely on the ground of there being a scarcity of doctors in the State.Chhattisgarh High CourtThe Chhattisgarh High Court held that the State Human Rights Commission is only a recommendatory body and it has no power and jurisdiction to direct payment...
Supreme Court Weekly Round-Up
Defendant Can’t Object To Mere Withdrawal Of Suit By PlaintiffThe Supreme Court, in Anil Kumar Singh vs Vijay Pal Singh, held that defendant has no right to compel the plaintiff to prosecute the suit by opposing the withdrawal of suit sought by the plaintiff except to claim the cost for filing a suit against him. Insufficient Evidence: SC ‘Acquits’ Man Who Has Been In Custody For 17...
High Courts Weekly Round-Up
Allahabad High CourtAllahabad High Court prohibited the media from reporting the proceedings in the 2008 Gorakhpur hate speech case, in which Chief Minister Yogi Adityanath is the prime accused.Bombay High CourtThe Bombay High Court dismissed a writ petition filed by a man claiming to have participated in the Quit India Movement of 1942 recognised by the State of Maharashtra as a...
Supreme Court Weekly Round-Up
Despite Inconsistencies In Statements By Minor Rape Victim, SC Upholds Conviction; But Reduces SentenceThe Supreme Court upheld the conviction of a man accused of raping a minor, even though it found that there were inconsistencies in the statements given by the prosecuterix.S.45(1) Of Prevention of Money Laundering Act, 2002 So Far As It Imposes 2 Further Conditions For Bail...
High Courts Weekly Round-Up
Allahabad High CourtThe Allahabad High Court came to the aid of a railway employee, who suffered decline in his eyesight due to strenuous round-the-clock job only to be decategorized medically and moved to another post at a much lower pay scale and then being dragged into unnecessary litigation by the Railways.While acquitting a man who was in jail for 21 years for a murder crime that happened...
Supreme Court Weekly Round-Up
Benefit Of Infirmities In Investigation Is To Be Given To AccusedBenefit of infirmities in the investigation by the prosecution is to be given to the accused, the Supreme Court said, in State of Uttarakhand vs Jairnail Singh, while upholding a high court verdict reversing conviction awarded by the trial court.Corruption Can’t Be Condoned Even If Amount Involved Is MeagreThe Supreme Court,...
High Courts Weekly Round-Up
Allahabad High CourtWhile dismissing a PIL filed by advocates, in which one prayer was to place a judge of high court at par with ministers, the Allahabad High Court observed that status of high court judges being constitutional functionaries having different powers, privileges and functions cannot be placed at par with minister for the purpose of conditions of functioning.The High Court,...
Supreme Court Weekly Round-Up
SC Upholds Denial Of Anticipatory Bail To Army Doctor Who Allegedly Gave Fake Fitness CertificatesThe Supreme Court on Thursday dismissed a Special Leave Petition challenging an order passed by Punjab and Haryana High Court, wherein the latter had refused the application for anticipatory bail filed by Lieutenant Colonel Dr. Gaurav Relhan, an accused under sections 7, 8 and 9 of the Prevention...
High Courts Weekly Round-Up
Allahabad High CourtThe Allahabad High Court upheld the death penalty imposed on a man convicted for rape and murder of 7-year-old girl. The division bench of Justice Shashi Kant Gupta and Justice Prabhat Chandra Tripathi observed that sentence of death is eminently desirable not only to deter others from committing such atrocious crimes, but also to give emphatic expression to...
Supreme Court Weekly Round-Up
Arbitration Proceedings After The Imposition Of Moratorium Under S.14 Of Insolvency And Bankruptcy Code Is Non Est In LawIn Alchemist Asset Reconstruction Company Limited v. M/s Hotel Gaudavan Private Limited, the Supreme Court bench comprising of Justices Rohinton Fali Nariman and Sanjay Kishan Kaul held that arbitration proceedings instituted after the imposition of moratorium under Section...
High Courts Weekly Round-Up
Allahabad High CourtThe Allahabad High Court dismissed a writ petition challenging recovery proceedings initiated against a borrower firm, which challenged recovery proceedings on the ground that due to demonetisation and imposition of GST, it suffered loss in business and could not pay loan installments to the bank. Bombay High CourtUpholding the decision of the Supreme Court in Valsamma...
High Courts Weekly Round-Up
Allahabad High CourtDismissing a plea challenging Uttar Pradesh Government’s ‘forcing’ students of Madarsas to sing the National Anthem, the Allahabad High Court observed that the singing of the national Anthem is not just a constitutional duty but also fosters the spread of the spirit of democracy, secularism and the integrity of the nation.Andhra Pradesh High courtEmphasizing the need...