Weekly
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,...
Supreme Court Weekly Round Up
EPF Contribution Payable On 'Basic Wages' Camouflaged As Allowances [The Regional Provident Fund Commissioner (II) WB V. Vivekananda Vidyamandir] The Supreme Court held that, in order that the amount goes beyond the 'basic wages' for the purposes of the Employees' Provident Fund and Miscellaneous Provisions Act, 1952, it has to be shown by the employer that the workman concerned...
High Courts Weekly Round Up
Bombay High Court mere contractions in the statement of the witness cannot be the sole ground for conviction for perjury and the objectionable statements have to be perused as a whole to determine if the false statement was given willfully and knowingly.Restrained VijaypatSinghania, Raymond Limited's former chairman and managing director, from publishing his autobiography...
Supreme Court Weekly Round Up
Commercial Suits: 120 Days Deadline To File Written Statement Mandatory [SCG Contracts India Pvt. Ltd vs. K.S. Chamankar Infrastructure Pvt. Ltd] The Supreme Court observed that proviso added to the Code of Civil Procedure by Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015, is mandatory and no written statement can be taken on record...
Supreme Court Weekly Round Up
Rape & Murder Of 7.5 Year Old: SC Commutes Death Sentence [Vijay Raikwar V. State of Madhya Pradesh] The Supreme Court commuted the death sentence awarded to a man convicted for rape and murder of 7 1/2 year old girl. Three Judge Bench comprising of Justice AK Sikri, Justice S. Abdul Nazeer and Justice MR Shah, upheld the conviction, but observed that, though the crime can...
High Courts Weekly Round Up
Bombay High Court Extended the interim protection granted to scholar Anand Teltumbde from February 11 to February 22. Fixing the next date of hearing as February 22, the court added that in case of arrest, he could be released on bail upon providing a bond of Rs 1 lakh. Delhi High Court Held that the Board of Discipline under the Chartered Accountants Act 1949 can...
High Courts Weekly Round Up
Bombay High Court Observed that the can be challenged only on the ground of possibility of tampering of the blood sample of the accused, at any stage. Justice V. M. Deshpande observed thus while considering an appeal filed by a man convicted by the Trial Court in a minor-rape case. The Trial court, among other evidences, also relied on the DNA report which stated that the accused...
Supreme Court Weekly Round Up
Section 38 Specific Relief Act: Plaintiff Has To Prove His Actual Possession On The Date Of Filing The Suit [Balakrishna Dattatraya Galande V. Balakrishna Rambharose Gupta] The Supreme Court observed that in a suit filed under Section 38 of the Specific Relief Act, permanent injunction can be granted only to a person who is in actual possession of the property on the date of...
High Courts Weekly Round Up
Bombay High Court The conviction of a 45-year old man accused of raping a woman multiple times set aside.The court was hearing an appeal filed by a Satara-based man, challenging his conviction under Sections 376 and 506 of the Indian Penal Code. The appellant was booked in August, 2008, after a woman, a marketing professional, registered a complaint against him with the...
Supreme Court Weekly Round Up
Important RulingsDecree Passed On Plaintiff's Evidence Without Defendant's Appearance At Trial Is Ex-Parte Decree [Ratna Raj by LRs vs Sri Muthukumaraswamy Permanent Fund Ltd] The Supreme Court held that a decree passed after taking plaintiff's evidence, without the appearance of defendant at the trial stage, is an ex-parte decree, which could be set aside under Order IX Rule 13 of...
High Courts Weekly Round-Up
Allahabad High Court The Allahabad High Court recently highlighted the importance of a playground in a school and asserted that the existence of such infrastructure "distinguishes an educational institution from an education shop". In doing so, Justice Ajay Bhanot also ruled that the playground and the school building should be a part of a single composite land. The High Court expressed...
Supreme Court Weekly Round-Up
Doctrine Of Notional Extension Of Employment Applies When Accident Occurred While Deceased Workman Was In Workplace Not By His Own Choice [Leela Bai & Anr V. Seema Chouhan & Anr] Applying the 'doctrine of notional extension of the employment', the Supreme Court ordered employers to pay compensation to the legal heirs of a bus driver who had died in an accident while he was coming...