Round Ups
Supreme Court Weekly Round-Up
Rape & Murder of 7Yr Old Girl: Accused acquitted Of Murder Charges and Quashes Death Penalty; Upholds Lifer for Rape The Apex Court in Rajesh vs. State of Madhya Pradesh acquitted a rape-cum-murder accused of murder charges and upheld life imprisonment and conviction under Section 376 (2) (f) and 377 IPC. The Bench comprising Justice Ranjan Gogoi, Justice Prafulla C. Pant and Justice...
High Courts Weekly Round-Up
Allahabad High CourtThe Allahabad High Court in Sher Singh @ Sheru vs. State of UP dealt with the issue of claim of juvenility raised by the accused when proceedings were underway. The Bench decided that the right of an accused to raise the issue of juvenility cannot be denied by dismissing the writ petition as infructuous and, in case the writ petition in question has been filed though...
High Courts Weekly Round-Up
Allahabad High CourtThe Allahabad High Court quashed disciplinary proceedings against a senior advocate initiated by the Uttar Pradesh Bar Council on a complaint accusing him of grabbing land. The Bench comprising Justice V.K. Shukla and Justice Mahesh Chandra Tripathi observed that such disputes relating to property should be decided by the competent civil court and not by the Bar...
Supreme Court Weekly Round-Up
Rape-Murder of 7 year old- Death penalty commutedThe Supreme Court has commuted the death penalty imposed by the Trial Court and the High Court on Kamlesh @Ghanti who was found guilty of raping and murdering a seven year old girl. Three Judge Bench comprising Justice Ranjan Gogoi, Justice Prafulla C. Pant and Justice Uday Umesh Lalit upheld the conviction of the accused under Section 376A,...
High Courts Weekly Round-Up
Allahabad High CourtThe Allahabad High Court commuted the death sentence awarded by a trial court for a man accused of raping and murdering a 4-year-old girl, to life imprisonment.Bombay High CourtBombay High Court recently dismissed a petition filed by five Police Officers challenging the order of Maharashtra Police Chief, rejecting their application for grant of permission to form...
Supreme Court Weekly Round-Up
Govt Must Compensate Promptly For Land ExpropriationThe Supreme Court in Delhi Development Authority vs. Sukhbir Singh & Ors., observed that persons whose property is expropriated by the state need to be paid immediately so as to enable them to rehabilitate.Magistrate Can Allow Complainant to Conduct Prosecution IndependentlyExamining the difference between Section 301 and Section 302 of...
Supreme Court Weekly Round-Up
L&T Case: Multi-point levy of turnover tax on works contract struck downThe Supreme Court in Larsen & Toubro Limited Vs. Additional Deputy Commissioner Of Commercial Taxes & Anr. held that the value of the work entrusted to the sub-contractors or payments made to them shall not be taken into consideration while computing total turnover for the purposes of Section 6-B of the...
High Courts Weekly Round-Up
Allahabad High CourtThe Allahabad High Court, in Dr. Kuldeep Kaushik vs. State of UP, held that a magistrate has the authority to interfere in a case investigation if it is not going on in a proper or fair manner.In Ramsiya Yadav vs. State of UP, The High Court held that gratuity can be withheld in a case where judicial proceedings are pending on the serious charges against employee.The...
Supreme Court Weekly Round-Up
VRS: It is not open for the Employees to withdraw the Application after the stipulated last dateThe Supreme Court in Madhya Pradesh State Road Transportation Corporation vs. Manoj Kumar & Anr. Held that Voluntary Retirement Schemes (VRS) are contractual in nature and the option to opt for them constituted as an ‘invitation to offer’ and not an ‘offer’ themselves. The Bench of...
High Courts Weekly Round-Up
Allahabad High CourtThe Lucknow Bench of Allahabad High Court transferred the case of missing witness in Asaram case to Central Bureau of Investigation. The Division Bench comprising of Justices Amreshwar Pratap Sahi and Vijay Laxmi, observed that investigation by the State police is far from being credible and does not inspire confidenceBombay High CourtBombay High Court hiked the...
High Courts Weekly Round-Up
Bombay High CourtIn a significant Judgment on Friday, Bombay High Court held that women can enter the inner sanctum of Mumbai’s famous Haji Ali Durgah.Delhi High CourtThe Delhi High Court reversing an order of disqualification from Central Armed Police Force on the basis of a history of brush with the penal law ruled that honourable acquittals and petty misdemeanours should not be...
Supreme Court Weekly Round-Up
All Tribunals are not necessary parties to the proceedings where legality of its orders challengedThe Supreme Court in M. S. KAZI VS. MUSLIM EDUCATION SOCIETY held that all Tribunals are not necessary parties in a Special Civil Applications under Articles 226 and 227 of the Constitution, when they are not required to defend its orders when they are challenged before the High Court. Handing...