Round Ups
High Courts Weekly Round-Up
Allahabad High CourtThe Allahabad High Court held that non-payment of pension constitutes a continuing wrong, and delay and laches or limitation will not thwart the claim. The Division Bench set aside the order of Single Bench which had dismissed the Writ petition on the ground of latches.The High Court reiterated that no person shall be allowed to use personal identification names and marks...
Supreme Court Weekly Round-up
Undue leniency in awarding sentence to be avoided; SCSupreme Court, in State of M.P. vs. Udaibhan observed that undue leniency in awarding sentence needs to be avoided because it does not have the necessary effect of being a deterrent for the accused and does not re-assure the society that the offender has been properly dealt with.SC summarises law on Mitakshara Joint Family PropertySupreme...
Supreme Court Weekly Round-Up
Complaint against termination also maintainable in the place where the management had decided to terminate the employee: SCSupreme Court held that a complaint against termination of an employee of a company is not only maintainable in a Labour court having jurisdiction of the place where the employee was working, when the termination was ordered, but also the Labour court having jurisdiction...
High Courts Weekly Round-Up
Delhi High CourtDelhi High Court on Wednesday, adjourned the hearing of bail application filed by JNU Students Union leader Kanhaiya Kumar to 29th of this month. The decision came after Delhi Police informed the Court that they will file fresh remand application since two more Accused in the Case.The High Court has decided to amend its Delhi High Court RTI Rules, 2006, to bring it in...
High Courts Weekly Round-Up
Allahabad High CourtFull Bench of Allahabad High Court, in Syed Wasif Husain Rizvi vs. HasanRaza Khan held that Writ Petition under Article 226 of the Constitution can be filed by a power of attorney holder. The Court also said that certain safeguards shall be observed where a writ petition is filed through the holder of a power of attorney.A Seven Judge Bench headed by the Chief Justice...
Supreme Court Weekly Round-Up
SC upholds Army’s “command and exit policy”A Division Bench of the Supreme Court on Monday upheld the Indian Army’s 2009 “command and exit policy” allowing preferential promotion for officers serving in the command unit. The Bench, comprising Chief Justice of India T.S. Thakur and Justice Kurian Joseph also directed the Government to create 141 additional vacancies for promotion...
Supreme Court Weekly Round-Up
Women Empowerment is the need of the hour: SC A two Judge Bench of the Supreme Court Today in Richa Mishra v. State observed that Women in this world, and particularly in India, face various kinds of gender disabilities and discrimination, and Women empowerment is the need of the hour. The Bench comprising of Justices A.K.Sikri and Justice A.M.Sapre was hearing an Appeal filed by one...
High Courts Weekly Round-up
Bombay High CourtBombay High Court on Wednesday held that if marriage is contracted with second lady in subsistence of first marriage, then the second lady cannot claim to be a widow entitled to pension after the death of the man.A Division Bench of the High Court on Wednesday directed the Maharashtra Government to file a “detailed reply” on a bunch of PILs alleging that marriage bureaus...
Supreme Court Monthly Digest (January 2016)
1. Motor Accident Claims; SC cautions Courts against Hyper Technical approachThe Supreme Court restated its earlier position in Mantoo Sarkar vs. Oriental Insurance Company Limited (2009) 2 SCC 244 regarding territorial jurisdiction of Motor Accident Claims Tribunal. Apex Court Bench of Justices Anil R. Dave and Adarsh Kumar Goel held that there is no bar to a claim petition being filed at...
High Courts Weekly Round-Up
Bombay High CourtThe Bombay High Court recently directed maternity leave to be granted to a woman who had attained motherhood through surrogacy. The Bench, comprising Justice Anoop V. Mohta and Justice G.S. Kulkarni observed, “Having considered even Rule 551 (C) and (E) of Child Adoption Leave and Rules, we find that a case is made out for grant of interim relief in terms of prayer clause...
Supreme Court Weekly Round-Up
Public Prosecutor is not a post officeThe Supreme Court of India observed that Public Prosecutor is not supposed to act as a post office and he is expected to remember his duty to the Court as well as his duty to the collective. Public Prosecutor in terms of the statutory scheme laid down under the CrPC plays an important role. He is supposed to be an independent person. While filing...
High Courts Weekly Round-Up
Allahabad High CourtA Division Bench of Allahabad High Court recently dismissed a challenge to the addition of the words ‘socialist’ and ‘secular’ to the Preamble of Constitution of the Country and re-emphasized on the secular nature our country.Bombay High CourtThe Bombay High Court in Shakil Ahmad Jalaluddin Shaikh vs. VahidaShakil Shaikh held that, mere existence of a document...