Weekly
Supreme Court Weekly Round Up
SC Dismisses Centre's Preliminary Objections Against Relying On "Privileged" Documents; Review To Be Heard On Merits [Yashwant Sinha V. Central Bureau Investigation] The Supreme Court dismissed Centre's preliminary objection against using privileged documents for considering the review petitions in the Rafale case. While dismissing the Centre's preliminary objections, the CJI...
High Courts Weekly Round Up
Allahabad High Court Dismissed a challenge against appointment of Justice Pinaki Chandra Ghose as the Chairman of Lok Pal.The Division bench comprising Justice Pankaj Kumar Jaiswal and Justice Rajnish Kumar observed that the Chairperson and Members of Lokpal are not an employment under the Government therefore the prohibition for employment under the Government of India or under...
Supreme Court Weekly Round Up
Employee Not Entitled To Full Back Wages On Acquittal, Unless His Prosecution Was Found Malicious [Raj Narain V. Union of India] The Supreme Court held that the employer cannot be mulcted with full back wages on the acquittal of an employee by a criminal Court, unless it is found that the prosecution is malicious. SC Strikes Down RBI Circular Asking Banks To Take...
High Courts Weekly Round Up
Bombay High Court Held that in case of a court-executed public auction of an immovable property, before confirming the sale, the Prothonotary and Senior Master of the High Court will obtain the applicable valuation of the property and send an authenticated copy to the office of Deputy Sherriff/Collector along with the sale certificate.Held that Sessions Court and High Court to...
High Courts Weekly Round Up
Allahabad High Court Lucknow Bench of the Allahabad High Court sentenced Additional Chief Secretary Mahesh Kumar Gupta till rising of the court, holding him guilty of contempt of court. Bombay High Court The Nagpur Bench of the High Court refused to suspend the sentence of Professor G N Saibaba, who is undergoing life imprisonment in Nagpur central prison after his...
Supreme Court Weekly Round Up
'Second FIR Not Barred Merely Because Motive In Both Offences Are The Same'; SC Upholds Life Sentence Of Saravana Bhavan Founder For Murder [Pattu Rajan V. State of Tamil Nadu] The Supreme Court upheld the life sentence awarded to P Rajagopal - the founder of famous South Indian restaurant chain Saravana Bhavan - and five of his aides for murder of Santhakumar in 2001. The bench...
High Courts Weekly Round Up
Bombay High Court Held that the reimbursement received under a medical claim policy cannot be deducted from compensation payable under Motor Vehicles Act.Lashing out at the investigating agencies probing the murders of CPI member GovindPansare and rationalist Narendra Dabholkar, the High Court observed that in the future a scenario would appear where only a few individuals...
High Courts Weekly Round Up
Bombay High Court Held that under the law, every prisoner who not a foreigner or a convict sentenced to death is eligible for emergency parole of 14 days for the death of parents, spouse, grandparents etc., and no authority can reduce the period of 14 days without recording valid reasons for the same.Held that merely because cognizance of a complaint under the Maharashtra Control...
Supreme Court Weekly Round Up
NI Act- Once The Presumption Under Sec.139 Is Drawn, Complainant Need Not Prove Source Of Fund Till Accused Discharges His Burden [Rohitbhai Jivanlal Patel V. State of Gujarat] The Supreme Court held that once the court has drawn presumption of existence of legally enforceable debt as per Section 139 of the Negotiable Instruments Act, factors like source of funds are not relevant if...
Supreme Court Weekly Round Up
Teachers Are Entitled To Gratuity, Holds SC After Recalling Erroneous Judgment [Birla Institute of Technology V. State of Jharkhand] Correcting its earlier erroneous judgment, the Supreme Court held that the teachers are entitled to invoke Payment of Gratuity Act for claiming gratuity from his/her employer. The bench comprising Justice Abhay Manohar Sapre and Justice Indu Malhotra...
High Courts Weekly Round-Up
Bombay High Court Nagpur Bench of the High Court recently held a journalist guilty of extortion for threatening to publish a news item defaming the complainant and demanding money in exchange for his silence. In doing so, Justice MG Giratkar observed, "The illustrations to Section 384 are very clear. All the illustrations show that even a threatening by journalists who are reporters...
High Courts Weekly Round Up
Allahabad High Court Dismissed public interest litigations filed challenging the renaming of Allahabad to Prayagraj observing that it is a policy decision of the State Government which cannot be said to be without basis.Directed the Aligarh Muslim University to hold a post decisional hearing in a case where a student was expelled from the rolls for a period of 10 years,...