Weekly
Supreme Court Weekly Round Up
Landlord Can't Be Precluded From Filing Eviction Petition On The Ground Of Bonafide Need Regarding Non-Residential Premise [Vinod Kumar vs. Ashok Kumar Gandhi] The Supreme Court held that the judgment of Satyawati Sharma Vs. Union of India which held that Section 14(1)(e) of the Delhi Rent Control Act is unconstitutional to the extent it discriminates between the premises let...
High Courts Weekly Round Up
Allahabad High Court Dismissing the Writ Petition filed by a bank employee, the High Court held that the Central Vigilance Commission (CVC) is not an investigating agency in disciplinary proceeding leveled against employees of the bank.Quashed the charge-sheet and criminal proceedings leveled against the Applicant girl, for use of unfair means in UPSC examination, stating that...
Supreme Court Weekly Round Up
Gang Rape And Murder Of Minor Girl: SC Confirms Death Sentence [Manoharan V. State] The Supreme Court (2:1) upheld the death sentence awarded to a man involved in gang rape of a ten year old girl and thereafter murdering her and her brother. However, Justice Sanjiv Khanna dissented with the confirmation of death sentence and opined that the case does not fall under the category of...
High Courts Weekly Round Up
Allahabad High Court Granted conditional bail to Anuj Shukla, editor of news channel Nation Live, which had allegedly aired defamatory content about Chief Minister of Uttar Pradesh Yogi Adityanath.Dismissed a writ petition holding that once evidence was closed and the court proceedings entered the stage of arguments, any application filed for appointment of a commissioner would...
Supreme Court Weekly Round Up
Delay To File Suit For Specific Performance Not A Ground To Deny Relief If It Was Filed Within Limitation Period [R. Lakshmikantham vs. Devaraji] The Supreme Court observed that the delay in filing suit for specific performance cannot be a ground to deny relief to the plaintiff, as long as it is filed within the period of limitation. Failure To Recover Dead Body By Itself...
High Courts Weekly Round Up
Allahabad High Court Ordered to grant police protection to Sakshi Mishra, daughter of BJP MLA Rajesh Mishra, and Ajitesh Kumar, her lover who she claimed to have married on July 4. a notice to Prime Minister Narendra Modi on a petition challenging his election from Varanasi parliamentary constituency. Bombay High Court Held that a victim under the Immoral...
Supreme Court Weekly Round Up
Execution Petition Filed Without Certified Copy Of Decree Maintainable [Sir Sobha Singh And Sons Pvt. Ltd. vs. Shashi Mohan Kapur] In the appeal filed before the Supreme Court, the bench comprising Justice Abhay Manohar Sapre and Justice and Dinesh Maheshwari observed that it is not necessary to file a copy of the decree along with execution application unless the Court directs the...
High Courts Weekly Round Up
Allahabad High Court Converted the conviction for murder under Section 302 IPC to culpable homicide not amounting to murder by applying Exception IV to Section 300 IPC. Held that anticipatory bail application filed under Section 438 of Criminal Procedure Code is not maintainable before the High Court without exhausting remedy before the Court of Sessions, unless there...
Supreme Court Weekly Round Up
Marital Discord Between Parents Adversely Affects Child's Personality [Sheoli Hati V. Somanth Das] The ill consequences of the discord between mother and father effect the child in her normal upbringing and is a negative factor on child's personality and upbringing, said the Supreme Court while declining to interfere with a High Court order directing to admit a child in a boarding...
High Courts Weekly Round Up
Allahabad High Court Upheld the constitutional validity of Uttar Pradesh Self Financed Independent Schools (Fee Regulation) Act, 2018 which provides for regulation of fees in self financed independent schools in the State.Held that the right to shelter is a fundamental right and the State has a constitutional duty to provide house sites to the poor. Bombay High...
Supreme Court Weekly Round Up
Order VII Rule 11(d) CPC: Plaint Can Either Be Rejected As A Whole Or Not At All [Madhav Prasad Aggarwal vs. Axis Bank] Plaint can either be rejected as a whole or not at all, remarked the Supreme Court while reiterating that it is not permissible to reject plaint qua any particular portion of a plaint including against some of the defendant(s) and continue the same...
High Courts Weekly Round Up
Allahabad High Court Stayed the May order of the AICTE rejecting the application for extension of approval of the courses run by Hindustan College of Science and Technology, Mathura. Bombay High Court Held that when the rights and title of the litigants is settled in proceedings by the Civil Courts, such verdicts would be binding upon the revenue authorities.Issued...