Weekly
Supreme Court Weekly Round-Up
Seniority Cannot Be Claimed From A Date When The Incumbent Was Not Borne In Service [K. Meghachandra Singh vs. Ningam Siro] The Supreme Court observed that, under Service Jurisprudence, seniority cannot be claimed from a date when the incumbent is yet to be borne in the cadre. The bench comprising Justice R. Banumathi, Justice AS Bopanna and Justice Hrishikesh Roy was...
High Courts Weekly Round-Up
Allahabad High Court The Lucknow Bench of the High Court directed the Centre and the UP State government to decide whether or not the existing Shia and Sunni Wakf Boards in UP should be set aside to establish a Single Wakf Board instead.In the backdrop of Delhi-NCR gasping for fresh air due to severe pollution, the High Court pulled up Uttar Pradesh administration for failure to stop...
Supreme Court Weekly Round-Up
SC To Keep Sabarimala Review Pending Till Larger Bench Decides Issues Of Essential Religious Practices [Kantaru Rajeevaru V. Indian Young Lawyers Association] The Supreme Court by 3 :2 majority, decided to keep the review petitions in Sabarimala matter pending until a larger bench determines questions related to essential religious practices. The majority of CJI Ranjan Gogoi,...
High Courts Weekly Round-Up
Allahabad High Court Reaffirming that a company has a separate legal identity from its owners, the High Court stayed the recovery proceedings started by the Respondents, Ghaziabad Development Authority and District Magistrate, Ghaziabad against the Petitioner, Rakesh Jain and asked them to file their responses in the matter. Held that no sanction for prosecution under the Prevention...
High Courts Weekly Round-Up
Allahabad High Court Reiterated that a magistrate is obligated to mention his satisfaction as to the existence of a prima facie case, for summoning an accused.Reiterated that once the parties had decided to enter into a compromise, it would be oppressive and prejudicial to continue the proceedings. Bombay High Court Asked journalist and activist Gautam Navlakha to go...
Supreme Court Weekly Round-Up
[Ayodhya] : SC Allows Temple Construction In Disputed Land; Alternate Plot Of 5 Acres For Mosque [M. Siddiq V. Mahant Suresh Das] In an unanimous verdict, the Supreme Court held that the entire disputed land of 2.77 acres in Ayodhya must be handed over for the construction of Ram Mandir. At the same time, the Court held that an alternate plot of 5 acres must be allotted to the Sunni...
High Courts Weekly Round-Up
Allahabad High Court Reiterating that the State Government has the power to accord written permission for withdrawal of prosecution, the High Court quashed an order rejecting the application for withdrawal filed by the prosecution, and directed the trial court to consider the application afresh.Section 125 of the Code of Criminal Procedure, which is not community centric or...
Supreme Court Weekly Round-Up
Entirety Of Plaint Averments Have To Be Taken Into Account While Considering A Plea Seeking Rejection Of Plaint [Shaukathussain Mohammed Patel vs. Khatunben Mohmmedbhai Polara] The entirety of the averments in the plaint have to be taken into account while considering a plea seeking rejection of plaint, the Supreme Court reiterated. In this case, a suit was filed by the plaintiff in...
High Courts Weekly Round-Up
Bombay High Court Directed Pune Municipal Corporation to grant occupation certificate for two buildings at Indian Law Society Law College, Pune. While one of the buildings is meant for the new girls hostel, the second one is reserved for an arbitration centre.Allowed a plea by one Beena Muller, a citizen of Switzerland, to direct the State Adoption Resources Authority (SARA) to...
Supreme Court Weekly Round-Up
SC Grants Bail To Chidambaram In CBI Case In INX Media Scam [P Chidambaram V. CBI] The Supreme Court granted bail to former Union Finance Minister P Chidambaram in the case registered by CBI on corruption allegations in relation to INX Media FDI transaction. The bench comprising Justices R Banumathi, A S Bopanna and Hrishikesh Roy had reserved judgment on October 18 in his...
Supreme Court Weekly Round-Up
Mere Error In Framing Substantial Question Of Law Would Not Render A Judgment In Second Appeal To Be Set Aside [Illoth Valappil Ambunhi (D) vs. Kunhambu Karanavan] The Supreme Court observed that mere error in framing a question of law would not render a judgment in Second Appeal liable to be set aside, if it is found that a substantial question of law existed and such question has...
High Courts Weekly Round-Up
Bombay High Court Dismissed the bail pleas of Sudha Bharadwaj, Arun Ferreira and Vernon Gonsalves in the Bhima Koregaon case. Justice SV Kotwal pronounced the judgement to a packed courtroom with Senior Advocate Mihir Desai, Dr.Yug Mohit Chaudhary and Sudeep Pasbola present for the accused applicants.Held that there no vicarious liability in criminal law unless the statute takes it...