Round Ups
High Courts Weekly Round-up
Allahabad High CourtThe Allahabad High court held that a person can be detained under the National Security Act for a single criminal case alone and even if no criminal case is registered. Division bench of Justices Bala Krishna Narayana and Vijay Lakshmi dismissed the Habeas Corpus petition filed by one Pankaj, praying for his release from detention. His prayer for quashing the detention...
High Courts weekly round-up
Delhi High CourtThe Delhi High Court on Wednesday dismissed a Public Interest Litigation demanding that guidelines be framed regarding publication of complete and segregated research results in clinical trials on humans in accordance with the norms of WHO published in April, 2015 on the issue. The Bench comprising Chief Justice G. Rohini and Justice Jayant Nath dismissed the Petition...
Supreme Court weekly round-up
JudgmentsThe Constitution Bench of the Supreme Court declared the National Judicial Commission (NJAC) unconstitutional, as it violates basic structure of Constitution of India, by a 4:1 Majority. Justice J.S Khehar, Justice M.B. Lokur, Justice Kurian Joseph and Justice Adarsh Kumar Goel declared the 99th Amendment and NJAC Act unconstitutional while Justice Chelameswar upheld it.The Court...
Supreme Court Weekly Round-up
JudgmentsIn a judgment rendered on Thursday, the Apex Court has held that Stale claims are not to be adjudicated unless non-interference would cause grave injustice. A Bench of Justice Dipak Misra and Justice Prafulla C. Pant, allowed the appeal filed by State of Jammu and Kashmir against the High Court judgment. A writ court while deciding a writ petition is required to remain alive to...
Supreme Court Weekly Round-up
JudgmentsA two Judge Bench on Monday held that determining the adequacy of sentence to be awarded in a given case is not an easy task, just as evolving a uniform sentencing policy is a tough call. Justice T.S. Thakur and Justice Gopal Gowda by separate but concurring opinions, had ordered the release of an accused, who was convicted by Delhi High Court for offence punishable under Section 8...
Supreme Court Weekly Round-Up
Live Law reported the following judgments/orders of the Apex Court last week:Judgments:The Court on Tuesday pronounced the Judgment on the issue of sentencing of Ansal Brothers and another convict, in Uphaar Tragedy case. Although the operative part of the order was pronounced on August 19th, 2015, shortly after hearing the matter, the court has given the reasons for passing such an order...
High Courts Weekly Round Up
Delhi High CourtThe Delhi High Court in Wilson Mathew v. State held that Security cheques per se would not get out of the ambit of Section 138 of the NI Act.The Delhi High Court dismissed a plea seeking a ban on screening of ‘MSG 2: The Messenger’, on Wednesday, on the ground that the film’s trailer depicts a fantasy to the viewers and has to be understood in that light only.The...
Supreme Court Weekly Round Up
JudgmentsIn a split verdict, relating to payment of compensation under the Land Acquisition Act, 1894 for the solatium should be from the date of acquisition or from date of pronouncement of the constitution bench judgment in Sunder [2001], a bench of Justices V. GopalaGowda & Adarsh Kumar Goel referred the matter to a 3 judge bench. However, no terms of reference were pronounced.A two...
Supreme Court Weekly Round-Up
Judgements No leniency towards corruptionThe Supreme Court of India, on Monday, held that , in corruption cases, degree of corruption is immaterial and no lenient attitude is required to be shown. An SC bench of Justices Dipak Misra and Prafulla C. Pant, upheld the order of disciplinary authority who had dismissed the Bus Conductor for allowing 25 passengers to travel in the bus...
High Courts Weekly Round Up
Delhi High Court:Frowning upon the “sexist bias” that appears to have “blocked the progress of women”, a Delhi High Court Bench comprising Justice Kailash Gambhir and Justice Najmi Waziri has allowed women to have full term service in the Indian Navy and enjoy retirement benefits.In a decision that will foster medical healthcare workers to provide primary healthcare in rural areas...
Supreme Court Weekly Round Up
Live Law reported three judgments of Supreme Court of India, last week.Late ‘serious’ charges no reason to deny pre arrest bailSupreme Court on Monday, held that, merely because the accused is charged with a serious offence at a later stage may not by itself be the reason to refuse the grant of anticipatory bail if the circumstances are otherwise justified. The court observed that no...
High Courts Weekly Round Up
Delhi High CourtRape accused plea rejectedThe Delhi High Court dismissed a plea of one of the December 16 gangrape case convicts seeking seizure of BBC documentary, ‘India’s Daughter’, apprehending it could be used against his conviction and sentence during his appeal pending in Supreme Court. Delhi High Court Bench comprising Chief Justice G. Rohini and Justice Jayant...