Round Ups
High Courts Weekly Round-Up
Bombay High CourtThe Bombay High Court quashed an FIR filed against Colors TV channel and producers of TV show Big Boss. A bench of Justice Ranjit More and Justice Sadhana Jadhav was hearing a writ petition filed by Endemol India Pvt Limited sought quashing of the FIR dated October 4, 2008, filed by one Sunil K Ahire, President of the Mumbai Pradesh Youth Congress.The High Court recently...
High Courts Weekly Round-Up
Bombay High CourtThe Bombay High Court recently held that formulations containing less than 135 mg of dextropropoxyphene cannot be classified as a ‘narcotic’ or a ‘narcotic drug’ within the meaning of Section 2(h) of the Medicinal and Toilet Preparations (Excise Duties) Act, 1955 [M & TP Act] and hence are not liable for state excise duty.In a matter between Pratibha Industries...
Supreme Court Weekly Round-Up
Conviction In Serious & Heinous Crime Per Se Can’t Be Reason To Deny ParoleWhile dealing with the parole application of a prisoner serving sentence upon conviction under the TADA Act, the Supreme Court clarified that seriousness or heinous nature of the crime ought not to have any bearing on the consideration of application for parole. The prisoner was found guilty for having...
Supreme Court Weekly Round-Up
Award Of Lok Adalat Can Be Challenged Only By Filing Writ Petition And Not By Way Of Separate Suit Upholding the order of rejection of plaint, the Supreme Court held that the award of Lok Adalat can be challenged only by filing writ petition under Article 226/227 of the Constitution of India, and that civil suit seeking such remedy was not maintianable. The suit in question was filed seeking...
Supreme Court Weekly Round-Up
SC Declares Triple Talaq Unconstitutional By 3:2 MajoritySupreme Court of India on Tuesday declared the practice of Triple Talaq as unconstitutional by 3:2 majority. Justices Kurian Joseph, UU Lalit and RF Nariman delivered the majority Judgment. Chief Justice Khehar and Justice Abdul Nazeer dissented.Right To Privacy Is A Fundamental Right: SC Constitution Bench Supreme Court of India held...
High Courts Weekly Round-Up
Bombay High CourtThe Bombay High Court denied relief to one Utsav Sodha, a law student who cleared his first-year examinations from Pravin Gandhi College (unaided) and sought admission to Government Law College (aided) in the second year.Taking a tough stance on ‘sharks’ who prey on helpless unemployed youth, the Nagpur bench of the High Court refused to grant anticipatory bail to one...
Supreme Court Weekly Round-Up
SC Orders NIA Probe In Hadiya Case Under Supervision Of Justice RV RaveendranSupreme Court of India on Wednesday ordered NIA investigation in the Hadiya Case under the supervision of former Supreme Court Judge Justice RV Raveendran.Words Like ‘Repay’, ‘Return’ & ‘Subject To This Condition’ Imply Agreement Is Not Of Absolute SaleThe Supreme Court, in Vithal Tukaram Kadam...
Supreme Court Weekly Round-Up
Proper Valuation Of Suit Property Stands On Different Footing Than Applicability Of Particular Provision Of Court Fee ActThe Supreme Court, in J Vasanthi vs N Ramani Kanthammal, observed that proper valuation of the suit property stands on a different footing than applicability of a particular provision of an Act under which court fee is payable and the defendant can raise the plea...
High Courts Weekly Round-Up
Bombay High CourtTaking a different view from an earlier order, a division bench of the Bombay High Court on Monday accepted the state government’s decision to keep the age limit for Govindas at 14 years and removed the height restriction that was imposed by a 2014 judgment.In a relief to Reliance Life Sciences, the High Court quashed and set aside a communication dated June 8, 2017, from...
Supreme Court Weekly Round-Up
Bar Of Want Of Sanction [U/S 195(1) (a) CrPC] Can’t Be Invoked When Probe Is Ordered By HCThe Supreme Court, in CBI vs M Sivamani, held that bar under Section 195(1)(a) IPC cannot be pressed into service when an investigation is ordered by a high court into a specified offence mentioned in Section 195 IPC.No Overt Act Of Assault Required To Establish Common Intention The Supreme Court,...
High Courts Weekly Round-Up
Bombay High CourtThe Bombay High Court recently dismissed a petition filed by a 20-year-old engineering student whose admission was rejected by the Directorate of Technical Education for failing to comply with the OBC category.The High Court recently allowed a writ petition filed by an inmate currently lodged in Taloja Central Prison, holding that reasons for rejecting his application for...
High Courts Weekly Round-Up
Allahabad High CourtThe Allahabad High Court Tuesday quashed the UP Government’s decision to admit students to AYUSH undergraduate courses in different colleges of the state through a merit list prepared on the basis of National Eligibility cum Entrance Test (NEET). The AYUSH course includes within its ambit Ayurveda, yoga, naturopathy, unani, siddha and homeopathy.Bombay High CourtThe...