Weekly
High Courts Weekly Round Up
Bombay High Court Held that the bare act of touching hands of a fellow colleague is not sufficient to constitute the offence of outraging mode of a woman. Division bench of Justice TV Nalawade and Justice KK Sonawane quashed a FIR filed against Dilip Lomate under Section 354 (assault or criminal force to a woman with intent to outrage her modesty) of the Indian Penal Code....
High Courts Weekly Round Up
Allahabad High Court The Lucknow bench of the High Court dismissed a writ petition of BJP leader Jayaprada challenging the election of Azam Khan from the Rampur parliamentary constituency in the recently concluded Lok Sabha election.Taking a stern view of the Uttar Pradesh Bar Council Chairperson Darvesh Yadav's murder in Agra court premises, the High Court directed state government...
High Courts Weekly Round Up
Bombay High Court Directed State government to pay Rs.10 lakh to parents of a minor girl for negligent investigation. The girl went missing and subsequently her body was found by the police on January 2, 2012.Refused to grant the crime branch full custody of the three doctors who are accused of abetting the suicide of Payal Tadvi, a 26-year-old second-year MD student at...
High Courts Weekly Round Up
Allahabad High Court Directed Agra University to pay the first year medical student Rs 1 lakh for not exercising care and vigilance in checking the answer sheet in semester examinations at the University.In a notable judgment, the High Court explained the reasons for exempting Duty Free Shops(DFS) in airports from Goods and Services Tax (GST). The Court was considering a PIL filed by...
Supreme Court Weekly Round Up
Every Person With Mental Illness Shall Have A Right To Live With Dignity [Accused 'X' V. State of Maharashtra] The Supreme Court, in a judgment delivered last month, noted that under the Mental Health Care Act, 2017, there is a statutory right for mentally ill persons to live with dignity The bench comprising Justice NV Ramana, Justice Mohan M. Shantanagoudar and Justice Indira...
Supreme Court Weekly Round Up
Appeals Against Non Inclusion In NRC Maintainable Only When Foreigners Tribunal Has Not Already Decided Nationality [Abdul Kuddus V. Union of India] The Supreme Court observed that right to appeal before the Foreigners' Tribunal against non-inclusion in National Register of Citizens is available only in those cases, where the Tribunal has not already adjudicated upon and decided...
High Courts Weekly Round Up
Allahabad High Court Held that a Government servant is not entitled to full pension/death cum-retirement gratuity on/or during pending disciplinary/judicial proceedings against the government servant.Acquitted a couple in a murder case, one of whom was sentenced to death by the Trial Court. The High court observed that the involvement of the couple in the case appears to be doubtful...
High Courts Weekly Round Up
Allahabad High Court Reprimanded the Uttar Pradesh for the "unsound" practice of taking possession of private land without an acquisition or giving any compensation. A bench of Justice Shashi Kant Gupta and Justice Pankaj Bhatia also reminded the government that the right to property might no longer be a fundamental right but it still is a constitutional right and also a human...
Supreme Court Weekly Round Up
Section 319 CrPC: Persons Named In FIR, But Not Chargesheeted Can Be Summoned Even If Stage Of Protest Petition Is Over [Rajesh V. State of Haryana] The Supreme Court observed that a trial court can summon under Section 319 of the Criminal Procedure Code, those persons named in FIR, but who were not charge-sheeted, even if the stage of giving opportunity to the complainant to file...
High Courts Weekly Round Up
Bombay High Court heard a petition filed by a 56-year-old lawyer accused under Sections 376(2)(i)(n), 323 and 496 of Indian Penal Code 1860 and Sections 6 and 10 of the Protection of Children from Sexual Offences Act 2012, and Sections 9, 10 and 11 of Prohibition of Child Marriage Act, 2006 for quashing of FIR u/Section 482 of IPC. A division bench of Justice Ranjit More and...
Supreme Court Weekly Round Up
Statutory Appeal Can Be Filed Even If Application To Set Aside Ex-Parte Decree [ Order IX Rule 13 CPC] Is Dismissed [Bhivchandra Shankar More vs. Balu Gangaram More] The Supreme Court observed that the right of appeal under Section 96(2) CPC is a statutory right and the defendant cannot be deprived of the statutory right of appeal merely on the ground that the application filed by...
High Courts Weekly Round Up
Bombay High Court Acquitted one Ramdas Shinde, who was sentenced to death after being convicted by the Sessions Judge, Nashik under Section 302 of IPC for murder of a 34-year-old woman and her 6-year-old son.While hearing a petition filed by a 29-year-old transgender, the High Court observed that the state government should take steps to include a column for transgenders in...