Weekly
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...
High Courts Weekly Round-Up
Bombay High Court Reserved judgement after conclusion of arguments in bail applications filed by activists Sudha Bharadwaj, Vernon Gonsalves and Arun Ferreira in Pune police's case against the said accused that they were involved in inciting caste-based violence at Koregaon Bhima in Pune on January 1, 2018.Held that Goods and Services Tax cannot be levied on the Duty-Free Shop(DFS)...
Supreme Court Weekly Round-Up
Article 14 Does Not Forbid Reasonable Classification For The Purposes Of Legislation [Rajasthan State Road Transport Corporation V. Danish Khan] The Supreme Court upheld a compassionate appointment regulation of Rajasthan State Road Transport Corporation which barred dependents of a deceased employee from claiming compassionate appointment in case of death of an employee while...
High Courts Weekly Round-Up
Allahabad High Court Recapitulated that the Employees Compensation Act, 1923 (the Act) is a social security legislation providing speedy and efficient machinery for determination and payment of compensation to the employees.Reiterated that the court does not have the jurisdiction to go into issues relating to appreciation of evidence under an application filed under Section 482...
Supreme Court Weekly Round-Up
Article 137 Limitation Act Applies To Proceedings For Cancellation Of Probate/Letter Of Administration [Ramesh Nivrutti Bhagwat vs. Dr. Surendra Manohar Parakhe] The Supreme Court observed that Article 137 of the Limitation Act, which provides for 3 year limitation period, applies to the proceedings under Indian Succession Act for moving an application for cancellation of probate...
High Courts Weekly Round-Up
Allahabad High Court Held that failure to give enquiry report to an employee, undergoing disciplinary proceedings, amounts to denial of reasonable opportunity to employee to prove his innocence and contravenes the principle "audialterempartem", as imbibed under the principles of natural justice. Bombay High Court In what has come as a huge relief to Project Affected...
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...