Round Ups
High Courts Weekly Round-Up
Allahabad High CourtThe Allahabad High Court held that when an acquittal was obtained by playing fraud upon the court, it is no acquittal in the eyes of law, and in such a case the bar of Section 362 CrPC would not come into play.Bombay High CourtThe Bombay High Court held the acquisition of land by Government of Maharashtra in 1986 as lapsed under Section 24(2) of the Right to Fair...
High Courts Weekly Round-Up
Allahabad High CourtThe Allahabad High Court directed the removal of the vice-chancellor of Integral University, Lucknow. A bench of Justice Narayan Shukla and Justice Sheo Kumar Singh passed the order after hearing a PIL filed by one Junaid Ahmed, seeking issuance of a writ of quo warranto to SW Akhtar, VC of the university.The High Court held that that mere possession and recovery of...
Supreme Court Weekly Round-Up
Few Isolated Incidents Of Long Past Can’t Be Cruelty, Ground For DivorceFew isolated incidents of long past and that too found to have been condoned due to compromising behaviour of the parties cannot constitute an act of cruelty to grant divorce, the Supreme Court observed in Suman Singh vs. Sanjay Singh.Central PF Authorities Have No Authority Over ‘Exempted’ EstablishmentsThe...
Supreme Court Weekly Round-Up
SC stays age limit for law coursesSupreme Court stayed Bar Council of India’s (BCI) notification fixing age limit for law courses.Bar Council had restored Clause 28 of Legal Education Rules, 2008, stipulating the maximum age limit of 20 years for taking admission to the 5-year integrated law degree. Mere Name Of A Trust Can’t Be Taken As Determinative Of Its CharacterThe Supreme Court,...
High Courts Weekly Round-Up
Allahabad High CourtThe Allahabad High Court transferred probe into the JawaharBagh massacre to the CBI, citing a flawed and unscientific investigation on part of the state government.Bombay High CourtThe Bombay High Court deferred the final hearing in the matter regarding the Maharashtra government’s decision to reserve a quota in government jobs and seats in education institutions for...
High Courts Weekly Round-Up
Allahabad High CourtA full bench of Allahabad High Court on Monday held that the state government cannot exercise power under Section 321 of Code of Criminal Procedure to withdraw criminal cases in a whimsical and arbitrary matter.The High Court recently struck down an Ordinance passed by Lucknow University, by which 80% seats of the LL.M. programme were reserved for law graduates of...
Supreme Court Weekly Round-Up
Decree Of Injunction Can Be Executed Against Legal Representatives Of Deceased Judgment-DebtorThe Supreme Court in PrabhakaraAdiga vs. Gowri, held that a decree for injunction can also be executed against legal representatives of the deceased judgment-debtor, in view of the specific provisions contained in section 50 of the Code of Civil Procedure. Post-Acquisition Allottee Has No Locus...
High Courts Weekly Round-Up
Allahabad High CourtThe Allahabad High Court quashed proceedings initiated post notice under Section 13(4) of The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 as the said notice was issued without duly informing the debtor about the auction of property and subsequent sale. Bombay High CourtGranting interim relief to authorised fair...
Supreme Court Weekly Round-Up
DA Case:SasikalaAnd Others Guilty, Trial Court Verdict RestoredIn a landmark Judgment Supreme Court of India convicted VK Sasikala, Ilavarasi and Sudhakaran in the disproportionate assets Case. The Division Bench of Justices PC Ghose and Amitava Roy has restored the conviction and sentence imposed by the trial Court in the disproportionate assets Case.Assessment Of Child’s Welfare For...
High Courts Weekly Round-Up
Allahabad High courtThe High Court of Allahabad on Thursday permitted around 70 aspirants older than 20 years to apply for the Common Law Admission Test, in derogation of the BCI Rules setting an upper age limit for taking the test.The High Court dismissed a public interest litigation for a direction to ensure daily recital of the national anthem on the premises of the high court as well...
Supreme Court Weekly Round-Up
Mere Anchoring Of A Vessel For Repair Does Not Constitute Taxable ImportThe Supreme Court, in Commissioner Of Customs, Mumbai Vs M/S Aban Loyd Chiles Offshore Ltd, held that mere repair of a vessel is not putting the vessel to use in India and would not result in home consumption, so as to constitute a taxable import.Karnataka Law Providing ‘Consequential Seniority’ To SC/STs On...
Supreme Court Weekly Round-Up
Magistrate Can’t Order Further Investigation At Post Cognizance StageA two Judge bench of the Supreme Court on Thursday held that Magistrate cannot order further investigation after the cognizance has been taken, process has been issued and accused has entered appearance in response thereto.Right To Private Defence Is Available Even When There Is Reasonable Apprehension Of Danger To...