Round Ups
Supreme Court Weekly Round-Up
Writ Of Mandamus Can’t Be Issued To Legislature To Amend Law“The writ of mandamus cannot be issued to the legislature to bring about an amendment in a legislation,” remarked the Supreme Court bench of Chief Justice Dipak Misra, Justice DY Chandrachud and Justice AM Khanwilkar on Friday.Cooperative Society Employee Can Choose Any Forum Under Kerala Cooperative Societies Act Or...
High Courts Weekly Round-Up
Bombay High CourtThe Bombay High Court recently dismissed a petition filed by one Mohammad Imran, who challenged the cancellation of his selection to the post of Civil Judge Junior Division and Judicial Magistrate First Class citing an unfavourable police verification report.Delhi High CourtThe Delhi High Court, on Wednesday, quashed a decision of the Central Board of Film Certification...
Supreme Court Weekly Round-Up
A Major Entitled To Freedom Of Choice, Court Can’t Assume Role Of Super Guardian“A major is entitled to the freedom of choice. As long as the choice remains, the court cannot assume the role of the super guardian, moved by the sentiment of the mother or the egotism of the father,” observed the Supreme Court bench of Chief Justice Dipak Misra, Justice DY Chandrachud and Justice...
High Courts Weekly Round-Up
Allahabad High CourtThe Allahabad High Court observed that a wife working against the wishes of husband or his family is not a ‘cruelty’ to grant divorce to husband.Bombay High CourtThe Bombay High Court on Monday issued notices to the Union of India, Comptroller and Auditor General of India, 14th Finance Commission of India, GST Council, State of Maharashtra on a PIL filed by one...
Supreme Court Weekly Round-Up
No Disciplinary Proceedings Can Be Initiated Against Lawyers For Their Acts Unrelated To Professional ConductThe Supreme Court, setting aside disciplinary actions taken against a lawyer by Bar Council of India, observed that initiation of disciplinary proceedings against a lawyer for his acts which has nothing to do with the professional conduct, is improper and without jurisdiction.Whether...
Supreme Court Weekly Round-Up
After The 2016 Amendment, Mere Knowledge Of The Accused that Victim Is SC/ST Is Sufficient For Prosecution Under SC/ST Act: SC The Supreme Court, in Asharfi vs State of Uttar Pradesh, observed that after the amendment of the Scheduled Caste/ Scheduled Tribe Prevention of Atrocities Act carried out in 2016, mere knowledge of the accused that the person upon whom the offence is committed belongs...
High Courts Weekly Round-Up
Allahabad High CourtThe Allahabad High Court, last week, upheld the acquisition of land by the State for the purpose of building the Delhi Meerut Expressway.The High Court held that the cut-off marks cannot be lowered to merely fill the seats reserved for the special category and once a candidate has submitted himself to a given procedure of selection, he cannot turn back and challenge the...
Supreme Court Weekly Round-Up
Lawyer’s Claim For Fee Based On Percentage Of The Decretal Amount Is Misconduct And Cannot Be The Basis Of A Complaint Under Section 138 NI ActHolding that a fee amount claim by a lawyer based on percentage of subject matter in litigation cannot be the basis of a complaint under Section 138 of the Negotiable Instruments Act, the Supreme Court in B. Sunitha vs. State of Telengana, quashed such...
High Courts Weekly Round-Up
Allahabad High CourtThe Allahabad High Court, on Wednesday, ruled that an application for voluntary retirement cannot be rejected solely on the ground of there being a scarcity of doctors in the State.Chhattisgarh High CourtThe Chhattisgarh High Court held that the State Human Rights Commission is only a recommendatory body and it has no power and jurisdiction to direct payment...
Supreme Court Weekly Round-Up
Defendant Can’t Object To Mere Withdrawal Of Suit By PlaintiffThe Supreme Court, in Anil Kumar Singh vs Vijay Pal Singh, held that defendant has no right to compel the plaintiff to prosecute the suit by opposing the withdrawal of suit sought by the plaintiff except to claim the cost for filing a suit against him. Insufficient Evidence: SC ‘Acquits’ Man Who Has Been In Custody For 17...
High Courts Weekly Round-Up
Allahabad High CourtAllahabad High Court prohibited the media from reporting the proceedings in the 2008 Gorakhpur hate speech case, in which Chief Minister Yogi Adityanath is the prime accused.Bombay High CourtThe Bombay High Court dismissed a writ petition filed by a man claiming to have participated in the Quit India Movement of 1942 recognised by the State of Maharashtra as a...
Supreme Court Weekly Round-Up
Despite Inconsistencies In Statements By Minor Rape Victim, SC Upholds Conviction; But Reduces SentenceThe Supreme Court upheld the conviction of a man accused of raping a minor, even though it found that there were inconsistencies in the statements given by the prosecuterix.S.45(1) Of Prevention of Money Laundering Act, 2002 So Far As It Imposes 2 Further Conditions For Bail...