Weekly
Supreme Court Weekly Round-Up
SC Asks NGO To Show Its Locus In Land Grab Complaint Against Yeddyurappa & D K Shivakumar The Chief Justice S.A.Bobde granted two weeks time to petitioner-NGO Samaj Parivartan Samudaya to show that it has earlier brought the matter to the attention of the concerned Lokayukta. The case was regarding a plea to rekindle a 2008 land-grabbing case against Karnataka CM B.S.Yeddyurappa...
High Courts Weekly Round-Up
Allahabad High Court ● The Lucknow Bench of the Allahabad High Court posted the Habeas Corpus petition filed on behalf of Lucknow based senior lawyer and president of human rights group Rihai Manch, Mohammad Shoaib, for next week. The bench of Justices Shabihul Hasnain and Virendra Kumar-II, has granted a week's time to the State to file the counter affidavit. Advocate Shoaib...
High Courts Weekly Round-Up
Allahabad High Court ● Reiterated that where the defence has admitted the postmortem report submitted by the prosecution as genuine, the same may be read as substantive evidence. Bombay High Court ● In a significant ruling, allowed an adoption petition filed by a 66-year-old man who sought adoption of a 22-year-old girl who was raised by him and his wife. ● ...
High Courts Weekly Round-Up
Allahabad High Court While cautioning the courts to be circumspect and judicious in exercising the discretion and issuing process, the High Court quashed the summoning order passed against the editorial staff of a newspaper, in connection with a defamation case. Bombay High Court Dismissed an appeal filed by on Sagar Dhuri, a 23-year-old man convicted of sexually...
High Courts Weekly Round-Up
Allahabad High Court Took suo moto cognizance of the shocking incident where three men began to open fire inside a courtroom in the Bijnor district of Uttar Pradesh.The preventive detention is an encroachment upon the personal liberty of an individual and cannot be said to be encroached in a casual manner as has been done in the instant case,'' said High Court bench, Justices...
Supreme Court Weekly Round-Up
Candidate Not Estopped From Challenging Selection Process When Misconstruction Of Statutory Rules Is Alleged [Meeta Sahi v State of Bihar] In a notable judgment in service law, the Supreme Court held that a candidate will not be estopped from challenging a selection process on the ground of having participated in it when there is allegation of "misconstruction of statutory rules...
High Courts Weekly Round-Up
Bombay High Court Asked the Reserve Bank of India to file an affidavit-in-reply in former ICICI bank CEO and MD Chanda Kochhar's plea challenging ICICI's decision to terminate her. Division bench of Justice Ranjit More and Justice SP Tavade heard Kochhar's writ petition which contends that the bank could not have terminated Kochhar retroactively in 2019 when her retirement was approved...
Supreme Court Weekly Round-Up
Resigned Govt. Employees Not Entitled To Pension [BSES Yamuna Power Ltd. V. Sh. Ghanshyam Chand Sharma & Anr.] The Supreme Court observed that an employee who has resigned from service is not entitled to pensionary benefits available to those who 'voluntary retired'. The bench noticed that Rule 26 of the CCS Pension Rules provides that the past service of employee...
High Courts Weekly Round-Up
Allahabad High Court In a big relief to alumni of Jharkhand State Open School pursuing different courses at the APJ Abdul Kalam Technical University (AKTU), the High Court held that the University could not delete their names from the college enrollment list merely because the school was found to be non-recognized, post admissions.Holding that a student cannot be deprived of...
Supreme Court Weekly Round-Up
Consumer Forums/Commissions Cannot Consider Complaint/Appeal On Merits After Finding That It Is Time Barred [M/S. Singal Udyog V. National Insurance Company Ltd. & Ors.] The Supreme Court observed that a Consumer Forum/Commission after having come to the conclusion that the complaint/appeal was barred by limitation, could not consider the merits of the matter. The bench...
High Courts Weekly Round-Up
Allahabad High Court The Lucknow bench of the High Court issued notices on petition challenging the use of "reserved election symbols" by political parties as their party logos.Held that cogent evidence was required to summon a person under Section 319 of CrPC and that the same was a subject matter of scrutiny of trial court, which were to decide the application.While...
Supreme Court Weekly Round-Up
State Cannot Alienate Water Bodies For Industrial Activities Under The Guise Of Providing Alternatives [Jitendra Singh V. Ministry of Environment] The Supreme Court held that it is not permissible for the State to alienate common water bodies for industrial activities, under the guise of providing alternatives. The bench of Justice Arun Mishra and Justice Surya Kant was considering...