Round Ups
High Courts Weekly Round-Up
Allahabad High CourtThe Allahabad High Court held that Courts cannot impose upon the State a particular policy for imparting any form of religious instruction or education about religion and it is for the Parliament or the concerned legislative assembly that has the competence to do so. Bombay High CourtIn a strong worded Judgment, Justice GS Patel of Bombay High Court has denounced...
Supreme Court Weekly Round-Up
No prohibition in giving weightage to service rendered by daily wages employeesThe Supreme Court of India clarified that, its Judgment in Secretary, State of Karnataka vs. Uma Devi has not prohibited the State from giving weightage for the service rendered by employees where services were used by the State either temporarily or on adhoc bases, including daily wage basis, irrespective of...
Supreme Court Weekly Round-Up
DJ aspirants need not resign Govt/judicial jobs The Apex Court held that Article 233(2) of the Constitution of India only prohibits the appointment of a person as District Judge, who is already in the service of the Union or the State, but not the selection of such a person. The Court has set aside the Patna High Court judgment which had required the aspirant to resign his membership of...
High Courts Weekly Round-Up
Allahabad High CourtThe Allahabad High Court in Rashmi Bhatiya vs. Geeta Sharma held that, Release application cannot be filed by Power of Attorney on the ground of his bonafide need, but there is no express prohibition under the Rent Act debarring the owner-landlord from applying for release through Power of Attorney holder. Difference between filing of a Release application by a “Power...
Supreme Court Weekly Round-Up
Former Chief Ministers not entitled to Government Accommodation: SCA Supreme Court bench in the case of Lok Praharivs State of Uttar Pradesh, held that former Chief Ministers are not entitled to Government Accommodation. The Bench has also directed that any such possession of Government accommodation should be vacated within 2 months. With the above order, former UP Chief Ministers...
High Courts Weekly Round-Up
Calcutta High CourtThe High Court of Calcutta on Wednesday denied reinstatement of a Policeman, despite him being acquitted in a criminal trial. The Bench noted the absence of any provision under the Police Regulations, empowering the authorities to reinstate the person in service after he has been found guilty in a departmental enquiry, only because he has been exonerated in a criminal...
Supreme Court Weekly Round-Up
Rape victim allowed to abort 24-week-old foetus as mother’s life in dangerThe Supreme Court on Monday allowed a 26-year-old alleged rape victim to abort a 24-week old foetus with severe abnormalities (despite a ban on medical termination of pregnancy beyond 20 weeks) as a medical board ordered by it declared that there was a danger to the mother’s life. Delhi Judicial Service...
High Courts Weekly Round-Up
Allahabad High CourtAllahabad High Court has recently examined the issue regarding the maintainability of writ of Habeas corpus when an order of competent court/magistrate court is in existence for giving the minor girl in the custody of father after she was recovered during the investigation upon an FIR lodged under Sections 363 and 366 IPC.Delhi High CourtThe Delhi High Court asked the...
High Courts Weekly Round-Up
Bombay High CourtThe Government, being the largest litigant, has to be a model and ideal litigant, a division bench of the Bombay High Court observed while refusing to condone the delay by the Government in preferring Appeals. The Bench also observed that merely because applicant is a State, delay in filing appeals cannot be condoned without a proper explanation as Section 5 of the...
Supreme Court Weekly Round-Up
Cap of 14 Years Rule on aggregate Punishment is not applicable to Sessions CourtThe Constitution Bench of Supreme of India on Wednesday finally corrected the wrong interpretation given to Section 31(2) of Code of Criminal Procedure Code, by holding that the cap of 14 years Rule on aggregate punishment is not applicable to Sessions Court.No private bus operator can operate on notified...
Supreme Court Weekly Round-Up
Farmer in possession of leased premises cannot be evicted even after expiry of Lease periodThree Judge Bench of the Apex Court in SHYAM LAL VS. DEEPA DASS CHELA RAM CHELA GARIB DASS held that a self-cultivating tenant in Punjab who is in possession of the leased premises beyond lease period cannot be evicted by the Landlord without establishing proof of any conditions specified in Section 9...
High Courts Weekly Round-Up
Allahabad High CourtThe Allahabad High Court dismissed an Election petition filed by a resident of Rae Bareli challenging the election of Sonia Gandhi to Lok Sabha. Justice Tarun Agarwala held that grant of citizenship to Sonia Gandhi cannot be challenged at this belated stage.Bombay High CourtBombay High Court upheld an order by lower court wherein it had restrained feeding of birds and...