Round Ups
High Courts Weekly Round-Up
Allahabad High CourtThe Allahabad High Court asked Uttar Pradesh state to ensure that guidelines are followed by the ‘anti-Romeo’ squads and law is followed.Bombay High CourtA day ahead of the BCI’s call for nationwide protest against the Law Commission’s suggestions for significant amendments to the Advocate’s Act 1961, the Bombay High Court on Thursday disposed of a PIL...
Supreme Court Weekly Round-Up
Co-owner can alone maintain a suit for evictionThe Supreme Court, in Om Prakash vs Mishri Lal (Deceased), has reiterated that a co-owner can alone maintain a suit for eviction of the tenant without joining the other co-owners if such other co-owners do not object.Reminder noticecannot be construed as an admission of non-service of the first noticeThe Supreme Court, in N Paraeswaran Unni vs...
High Courts Weekly Round-Up
Bombay High CourtThe Bombay High Court held that an arbitral tribunal does not have the power to appoint the court receiver of the high court as a receiver under Section 17 of the Arbitration and Conciliation (Amended) Act.On Tuesday, the High Court directed all government-run hospitals to take action against doctors on strike ‘as per law’, apart from ‘initiating contempt...
High Courts Weekly Round-Up
Allahabad High CourtThe Allahabad High Court held that when an acquittal was obtained by playing fraud upon the court, it is no acquittal in the eyes of law, and in such a case the bar of Section 362 CrPC would not come into play.Bombay High CourtThe Bombay High Court held the acquisition of land by Government of Maharashtra in 1986 as lapsed under Section 24(2) of the Right to Fair...
High Courts Weekly Round-Up
Allahabad High CourtThe Allahabad High Court directed the removal of the vice-chancellor of Integral University, Lucknow. A bench of Justice Narayan Shukla and Justice Sheo Kumar Singh passed the order after hearing a PIL filed by one Junaid Ahmed, seeking issuance of a writ of quo warranto to SW Akhtar, VC of the university.The High Court held that that mere possession and recovery of...
Supreme Court Weekly Round-Up
Few Isolated Incidents Of Long Past Can’t Be Cruelty, Ground For DivorceFew isolated incidents of long past and that too found to have been condoned due to compromising behaviour of the parties cannot constitute an act of cruelty to grant divorce, the Supreme Court observed in Suman Singh vs. Sanjay Singh.Central PF Authorities Have No Authority Over ‘Exempted’ EstablishmentsThe...
Supreme Court Weekly Round-Up
SC stays age limit for law coursesSupreme Court stayed Bar Council of India’s (BCI) notification fixing age limit for law courses.Bar Council had restored Clause 28 of Legal Education Rules, 2008, stipulating the maximum age limit of 20 years for taking admission to the 5-year integrated law degree. Mere Name Of A Trust Can’t Be Taken As Determinative Of Its CharacterThe Supreme Court,...
High Courts Weekly Round-Up
Allahabad High CourtThe Allahabad High Court transferred probe into the JawaharBagh massacre to the CBI, citing a flawed and unscientific investigation on part of the state government.Bombay High CourtThe Bombay High Court deferred the final hearing in the matter regarding the Maharashtra government’s decision to reserve a quota in government jobs and seats in education institutions for...
High Courts Weekly Round-Up
Allahabad High CourtA full bench of Allahabad High Court on Monday held that the state government cannot exercise power under Section 321 of Code of Criminal Procedure to withdraw criminal cases in a whimsical and arbitrary matter.The High Court recently struck down an Ordinance passed by Lucknow University, by which 80% seats of the LL.M. programme were reserved for law graduates of...
Supreme Court Weekly Round-Up
Decree Of Injunction Can Be Executed Against Legal Representatives Of Deceased Judgment-DebtorThe Supreme Court in PrabhakaraAdiga vs. Gowri, held that a decree for injunction can also be executed against legal representatives of the deceased judgment-debtor, in view of the specific provisions contained in section 50 of the Code of Civil Procedure. Post-Acquisition Allottee Has No Locus...
High Courts Weekly Round-Up
Allahabad High CourtThe Allahabad High Court quashed proceedings initiated post notice under Section 13(4) of The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 as the said notice was issued without duly informing the debtor about the auction of property and subsequent sale. Bombay High CourtGranting interim relief to authorised fair...
Supreme Court Weekly Round-Up
DA Case:SasikalaAnd Others Guilty, Trial Court Verdict RestoredIn a landmark Judgment Supreme Court of India convicted VK Sasikala, Ilavarasi and Sudhakaran in the disproportionate assets Case. The Division Bench of Justices PC Ghose and Amitava Roy has restored the conviction and sentence imposed by the trial Court in the disproportionate assets Case.Assessment Of Child’s Welfare For...