Round Ups
Supreme Court Weekly Round-Up- 4 (Jan 25-29)
De novo CBI investigation in Raju Pal murder caseRecently, The apex court in Pooja Pal vs. Union of India, directed the CBI, to conduct a de novo investigation in the incident of murder of Raju Pal, the slain BSP MLA, by allowing an appeal filed by his wife Mrs.Pooja Pal. Apex Court Bench comprising of Justices V. Gopala Gowda and Amitava Roy said that pendency of the trial and the examination...
Supreme court weekly Round Up-3 (Jan 18-22)
JudgmentsSection 6 Dowry Prohibition Act explainedSupreme Court on Tuesday held that giving of dowry and the traditional presents at or about the time of wedding does not in any way raise a presumption that such a property was thereby entrusted and put under the dominion of the parents-in-law of the bride or other close relations so as to attract ingredients of Section 6 of the Dowry...
High Courts Weekly Round-Up
Allahabad High CourtFull Bench of Allahabad High Court in Yogesh Agarwal vs. Union of India held that eviction order passed under Section 5A of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 is not appealable. Bench comprising of the Chief Justice Hon’ble Dr DhananjayaYeshwantChandrachud, Justices Manoj Kumar Gupta and YashwantVarma held that High Court in the exercise...
Supreme Court Weekly Round-Up
JudgmentMan convicted for raping young girlSupreme Court, on Monday, has sentenced a man accused of raping and burning alive a young girl for life imprisonment. Apex Court bench of Justices Kurian Joseph and Arun Mishra reversed the Gauhati High Court order acquitting the accused from rape charges and restored the conviction and sentence recorded by trial court.20 year old suit...
High Courts Weekly Round-Up
Allahabad High CourtDismissing the challenge against appointment of former Chief Justice of Madhya Pradesh and Allahabad High Court to the post of State Human Right Commission Chairman, the Allahabad High Court said that offering the post to a former Chief Justice is not a badge of servitude or of slavery or an outcome of quid pro quo. Division Bench comprising of Justices Amreshwar Pratap...
High Courts Weekly Round-Up
Bombay High CourtThe Aurangabad Bench of Bombay High Court set aside en masse termination of Law Officers of the State, terming it as “arbitrary and illegal”. The Officers had been accused of indulging in conduct incompatible with their duties as a Law Officer, after they had filed a Contempt Petition against the State.The High Court held that if a wife files false criminal case against...
Supreme Court Weekly Round-Up 2016 (Week 1 - Jan 4-8)
JudgmentsMotor Accident Claims; SC cautions Courts against Hyper Technical approach1. MALATI SARDAR vs. NATIONAL INSURANCE COMPANY LTDThe 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...
High Courts Weekly Round-Up
Allahabad High CourtAllahabad High Court held that Section 36(3) and (4) of the Industrial Disputes Act, which disentitles a party to be represented by an Advocate unless with the consent of opposite parties and leave of Labour court, is not violative of Section 29/30 of the Advocates Act read with Article 19(1)(g) of the Constitution of India. Justice Pankaj Mithal held that the restrictions...
Supreme Court Weekly Round-Up
Kerala Liquor regulation policy upheldIn a major setback to the bar owners in Kerala, the Supreme Court upheld the controversial Abkari policy for the year 2014-2015 framed by the Kerala Government restricting the issuance of bar licenses (FL-3) to five-star hotels in the State to serve alcohol to the public, and not to renew the existing bar licences issued to any of the other...
Supreme Court Weekly Round-Up
Minimum educational qualification norm upheldThe Supreme Court Bench, comprising Justice J. Chelameswar and Justice A.M. Sapre upheld the validity of Haryana Panchayati Raj (Amendment) Act, 2015 (Act 8 of 2015), which introduced the minimum educational qualification for candidates to contest the Panchayat elections. It held that both the rights namely “Right to Vote” and “Right...
High Courts Weekly Round-Up
Bombay High CourtThe High Court of Judicature at Bombay dismissed a Writ Petition filed by renowned singer Lata Mangeshkar challenging Maharashtra government’s decision to declare Jayprabha Studio in Kolhapur, owned by her, as a heritage structure. The Maharashtra Government had, on December 29, 2012, passed an order declaring the studio as a heritage structure. Mangeshkar had moved the...
High Courts Weekly Round-Up
Allahabad High CourtAllahabad High Court convicted a lawyer for committing criminal contempt of subordinate Court and has sentenced him to undergo simple imprisonment of six months. Division bench of Justices Sudhir Agarwal and ShamsherBahadur Singh has also restrained the lawyer from entering the High Court and District court premises for a period of three years.Bombay High CourtBombay...