Supreme Court Weekly Round Up

● Pharmacy Council Alone Has Jurisdiction In The Field Of Pharmacy Education, Not AICTE [The Pharmacy Council of India v. Dr SK Toshniwal Educational Trusts & Ors.] The Supreme Court has held that the Pharmacy Council of India shall alone have the Jurisdiction in the field of pharmacy and not the All India Council for Technical Education. The bench comprising Justices...

Courts This Week- A Weekly Round Of Important Legal Developments In The Country [Episode-5]

Courts This Week is a new series from Live Law - where we give you a snapshot of important legal developments in the Supreme Court and other courts in India.

High Courts Weekly Round-Up

Allahabad High Court Section 438 CrPC Doesn't Mandate That Sessions Court Must Be Moved First; But Special Circumstances Must Be Shown To Directly Approach HC [Ankit Bharti v. State of UP & Anr.] In a significant ruling, a 5-judge bench of the Allahabad High Court clarified that under special circumstances, a person apprehending arrest may approach the High Court directly...

Supreme Court Weekly Round-Up

Section 173(8) CrPC: Courts Not Obliged To Hear Accused While Considering Plea For Further Investigation [Satishkumar Nyalchand Shah v. State of Gujarat] The Supreme Court reiterated that a court is not obliged to hear the accused before any direction for further investigation is made under Section 173(8) of the Code of Criminal Procedure. In this case, the application filed...

Supreme Court Weekly Round-Up [ Feb 24 - Mar 1]

Enforcement Directorate Has No Right To Impound Passport [Assistant Director Enforcement Directorate v. Ashok Ramchander Chugani & Anr.] The Supreme Court has reiterated that the Enforcement Directorate has no right to impound the passport and the same can only be impounded by the Passport Authorities. The division bench comprising Justice Arun Mishra and Justice Indira Banerjee...

High Courts Weekly Round Up

Judgments/ Orders Allahabad High Court Offences Under SC/ST Act Is Made Out When Offence Is Perpetrated In Public [KP Thakur & Anr. v. State of UP & Anr.] The Allahabad High Court has held that for constituting an offence under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, the alleged offence should have been committed in "public...

Supreme Court Weekly Round-Up [Feb 17 - 23]

'Absolute Exclusion Of Women From Command Appointments In Army Illegal': SC Dismisses Centre's Appeals Against Delhi HC Verdict [The Secretary, Ministry of Defence v. Babita Puniya & Ors.] In a significant judgment on gender equality, the Supreme Court directed that Permanent Commission should be granted to women in the army regardless of their service, in all the ten...

High Courts Weekly Round-Up

Allahabad High Court Marital Status Of A Daughter Alone Not A Ground For Rejecting Claim For Compassionate Appointment: Reiterates Allahabad HC [Mala Devi v. State of UP] The Lucknow bench of the Allahabad High Court has reiterated that marital status of a daughter alone cannot be the ground for rejecting her application for compassionate appointment in terms of The U.P. Recruitment...

High Courts Weekly Round-Up

Allahabad High Court Time-Bound Contractual Services On Honorarium Basis Cannot Be Classified To Be An Office Of Profit [Neelam Nigam v. State of UP] Justice Attau Rahman Masoodi held that time-bound contractual services on honorarium basis cannot be termed to be an office of profit and hence, an elected pradhan, receiving honorarium in a private contractual service, alone is not...

Supreme Court Weekly Round-Up

• Settlement Between Victim & Accused Not A Valid Ground To Quash FIR/charge-sheet When Offences Are Serious & Against Society, Reiterates SC [Arjun Singh v. State of UP] The Supreme Court has reiterated that settlement between the victim and the accused cannot be a valid ground to quash the FIR. or the charge sheet when the offences alleged are against society and not...

High Courts Weekly Round-Up

Allahabad High Court Allahabad HC Grants Bail To Swami Chinmayanand In Sexual Exploitation Case Of Law Student [Swami Chinmayanand Alias Krishna Pal Singh v. State of U.P.] The Allahabad High Court granted bail to former Union Minister and BJP leader Swami Chinmayanand, who has been accused of sexually exploiting a 23 years old law student. The order was passed by...

Supreme Court Weekly Round-Up

[Specific Performance] Plaintiff Has To Prove That He Has Means To Generate Consideration Amount: SC [C.S. Venkatesh v. A.S.C. Murthy] The Supreme Court has observed that it is mandatory on the part of the plaintiff in a Specific Performance Suit to prove that he has the means to generate the consideration amount. The bench of Justices Abdul Nazeer and Deepak Gupta was considering...