Weekly
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...
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...