Round Ups
Supreme Court Weekly Round-Up
SLP Against Death Sentence Shall Not Be Dismissed Without Giving Reasons [Babasaheb Maruti Kamble V. State of Maharashtra]The Supreme Court held that Special Leave Petitions filed in those cases where death sentence is awarded by the courts below, should not be dismissed without giving reasons, at least qua death sentence.It’s Not Arbitration If Jurisdiction Of The ‘Designated...
Supreme Court Weekly Round-Up
Petition For Quashing FIR Can Be Entertained Even If Chargesheet Is Filed During Its Pendency [Anand Kumar Mohatta V. State [Govt. of NCT of Delhi) Dept. of Home & Affairs]The Supreme Court held that high courts could entertain a petition filed under Section 482 CrPC seeking quashing of FIR, even if the charge sheet is filed during the pendency of that petition. The bench comprising...
High Courts Weekly Round-Up
Allahabad High CourtThe Allahabad High Court held that Section 24 of the Code of Civil Procedure cannot be invoked to seek transfer of claim petition pending before the Motor Accident Claims Tribunal.Two public interest litigations challenging the Uttar Pradesh Government’s decision to rename Allahabad to Prayagraj met different fate. While the bench at Allahabad dismissed the plea asking...
High Courts Weekly Round-Up
Allahabad High CourtHaving repeatedly summoned doctors to decipher unreadable medico legal reports in many cases, the Lucknow Bench of the Allahabad High Court directed submission of computerised reports along with original handwritten ones for facilitating the courts of law.The High Court ordered a CBI inquiry into the death of a 29-year-old woman, who was allegedly beaten and tortured by...
High Courts Weekly Round-Up
Allahabad High CourtThe Lucknow bench of Allahabad High Court on Thursday ordered CBI probe into the entire process of selection initiated for the recruitment of 68,500 assistant teachers in primary schools in Uttar Pradesh after the Yogi Adityanath government submitted that it was not ready to hand over the probe to the CBI despite its three-member inquiry committee coming under question...
Supreme Court Weekly Round-Up
Principles Of “Double Jeopardy” Will Not Apply When Accused Was Discharged Due To Lack Of Proper Sanction [State of Mizoram V. Dr. C. Sangnghina]The Supreme Court on Tuesday held that when the accused was discharged due to lack of proper sanction, the principles of “double jeopardy” will not apply, and there is no bar for filing fresh/supplementary charge sheet after obtaining a...
High Courts Weekly Round-Up
Bombay High CourtThe Bombay High Court on Monday reiterated the Supreme Court’s orders and asked Special NIA Judge Vinod Padalkar, presiding over the trial in the 2008 Malegaon blast case that killed six and injured over a 100 people, to expedite the trial and conduct it on a day-to-day basis.On Wednesday, the High Court set aside a Pune court order that had granted more time to the police...
Supreme Court Weekly Round-Up
HC Can’t Modify Life Sentence To ‘Period Already Undergone’ While Upholding Conviction Of Murder [Jitendra @ Kalla V. State of Govt. of NCT Delhi] The Supreme Court observed that in a murder case, the high court as an appellate court, cannot modify the life imprisonment imposed by the trial court to period already undergone.‘Fact’ In Section 27 Of Evidence Act Not Limited To...
High Courts Weekly Round-Up
Allahabad High CourtLucknow bench of the Allahabad High Court on Thursday upheld the death penalty awarded to a 31-year-old man convicted of raping and murdering a 12-year-old girl. The judgment was delivered by a Bench comprising Justice RR Awasthi and Justice Mahendra Dayal. Bombay High CourtThe Bombay High Court recently came to the rescue of an elderly couple residing with their son and...
High Courts Weekly Round-Up
Allahabad High CourtFull Court of the Allahabad High Court on Wednesday upheld the constitutional validity of Section 14A (2) of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, which makes provision for an appeal from an order granting or refusing bail, even though such order is an interlocutory order, notwithstanding anything contained in subsection (3)...
Supreme Court Weekly Round-Up
Suit For Specific Performance: Plaintiff Has To Prove And Establish His Readiness And Willingness To Perform His Part Of Contract Throughout [Vijay Kumar vs. Om Prakash]The Supreme Court, while restoring a trial court order that dismissed a suit for specific performance of contract, reiterated that, in order to obtain a decree for specific performance, the plaintiff has to prove and establish...
High Courts Weekly Round-Up
Allahabad High CourtThe Allahabad High Court recently reiterated that lives of married couples cannot interfere with by anybody and that they are entitled to living peacefully without such interference.The High Court recently refused protection to a couple—a homosexual and a transgender— who had approached the court alleging that they were being harassed by their relatives.Pained to note...