Weekly
Supreme Court Weekly Round-Up
Succession To Mutawalliship By Descendant Through Female Line Not Barred[Md. Abrar vs. Meghalaya Board of Wakf] The Supreme Court held that there is no legal bar on cognatic heirs of the waqif from succeeding to mutawalliship. The bench comprising Justice NV Ramana, Justice Mohan M. Shantanagoudar and Justice Ajay Rastogi reiterated that in order to establish a claim of...
High Courts Weekly Round-Up
Allahabad High Court Reiterated that a housing society is not an industry within the Industrial Disputes Act, 1947 and its employees are not workmen.Recalling an order passed in a criminal case, the High Court observed that bar contained in section 362 of the Criminal Procedure Code applies for review, and not recall.In a petition filed by NCC Ltd., the High Court stayed opening...
Supreme Court Weekly Round Up
Non Recovery Of Weapon Of Assault Not Always Fatal To Prosecution Case [Prabhash Kumar Singh vs. State of Bihar] The Supreme Court held that a prosecution case cannot be disbelieved merely because the weapon of assault or the bullet was not recovered. The main contention in the appeal before the Supreme Court against concurrent conviction of the accused in a murder case was that...
High Courts Weekly Round-Up
Allahabad High Court A full bench of the High Court held that in absence of a specific remedy in Employees' Service Regulations, an employer may invoke civil liability to recover the loss incurred by him due to the actions of an employee.Dismissing a petition filed under Article 227 of the Constitution on account of availability of an alternate remedy, the High Court held that the...
Supreme Court Weekly Round-Up
Relief Of Specific Performance Can Be Refused For Non-Performance Of An Essential Promise In Contract [Surinder Kaur (D) vs. Bahadur Singh (D)] The Supreme Court observed that a vendee who does not perform one of the essential promises in a contract is not entitled to the discretionary relief of specific performance of that very contract. The bench comprising Justice Deepak Gupta...
High Courts Weekly Round-Up
Allahabad High Court Held that the disciplinary authority was erroneous in assuming a situation without supporting evidence and that the principle of preponderance of probability could not be relied upon in a case of no-evidence.Held that mere pendency of a criminal case is not a valid reason for impounding a person's passport. Bombay High Court Granted relief to...
Supreme Court Weekly Round-Up
Unregistered Agreement Of Sale Can Be Used As An Evidence For Collateral Purpose [Prakash Sahu V. Saulal] The Supreme Court recently upheld a Trial Court order allowing the plaintiff to lead evidence on insufficiently stamped unregistered agreement of sale in his suit for recovery of earnest money said to be paid by him at the time executing the agreement for sale. Order VII...
High Courts Weekly Round Up
Allahabad High Court Refusing to grant relief to the Petitioner, the High Court said that when the Rules pertaining to the Uttar Pradesh Higher Judicial Services did not provide, it could not direct the authorities to re-evaluate the answer sheets. Bombay High Court Refused to interfere in proceedings filed under Section 138 of the Negotiable Instruments Act by Advocate...
Supreme Court Weekly Round Up
Section 313 CrPC: Inculpatory Material As Not Put To The Accused Must Be Eschewed [SamsulHaque vs. State of Assam] The Supreme Court has reiterated that the incriminating material that came in evidence is to be put to the accused during his examination under Section 313 of the Criminal Procedure Code.The bench comprising Justice Sanjay Kishan Kaul and Justice KM Joseph said that this is...
High Courts Weekly Round-Up
Allahabad High Court Held that prior government sanction under Section 196 of CrPC is mandatory to take cognizance of offences like Section 121-123 IPC and it thereby set aside the order of conviction and sentence of life imprisonment imposed on a Pakistani Jais-E-Mohommad Terrorist group member and another Indian citizen, for want of such sanction.Taking note of the bleak chances...
Supreme Court Weekly Round-Up
Cheque Bounce Cases: Costs Not To Be Imposed If Settlement Is Reached At The Stage Of Issuance Of Summons [Ritesh Ajmera vs. Dainik Bhaskar] There is no necessity of imposing cost when the parties to a cheque bounce case have amicably settled the matter at the stage of issuance of summons itself, the Supreme Court reiterated. Alienation Of Suit Property Not Illegal Merely...
High Courts Weekly Round Up
Bombay High Court Issued a notice to and served summons on former Union Finance Minister, P. Chidambaram, National Spot Exchange Ltd. (NSEL), Secretary of Department of Industrial Policy and Promote Internal Trade, Ramesh Abhishek and Secretary of Ministry of Skill Development and Entrepreneurship, K. P. Krishnan, (Defendants) in a suit claiming damages and compensation worth...