Weekly
Supreme Court Weekly Round-Up
Delhi Vs LG- LG Is Bound By ‘Aid And Advice’ Of Elected Govt. He Can’t Interfere In Each And Every Decisions Of GovtThe Supreme Court delineated the boundaries of power between the Lieutenant-Governor and Delhi Government by stating that the LG cannot interfere in each and every decision of the Delhi Government, and that the LG is bound by the aid and advise of the council of ministers...
High Courts Weekly Round-Up
Bombay High CourtThe Bombay High Court rejected an application filed by an accused under Section 354 A of the Indian Penal Code and Section 8 of the Protection of Children from Sexual Offences (POCSO) Act.While directing the Reserve Bank of India to consider the compounding applications filed by New Delhi Television (NDTV), the High Court observed that those in power and opposition should not...
High Courts Weekly Round-Up
Bombay High CourtThe Bombay High Court held that it is the duty of the state to provide free medical assistance to any inmate or prisoner. A division bench of Acting Chief Justice VK Tahilramani and Justice MS Sonak disposed off the petition for parole filed by one Ajaysingh Dahiya and held that the prison authorities and the state will continue to provide necessary medicines, injection...
High Courts Weekly Round-Up
Bombay High CourtThe Bombay High Court held that in the absence of a named legatee, courts can step in and remove an errant executor in order to protect the interests of one Bipin Gupta’s will.A man has lost his share in his father’s flat for mistreating his step-mother as the Bombay High Court held that it was implied that the father as well his second wife would be looked after by...
High Courts Weekly Round-Up
Bombay High CourtIn a significant judgment, the Bombay High Court held in a corruption case that death of the main accused does not mean abatement of the trial.Dismissing a petition filed by one Vikas Sawant, son of a retired Class IV employee at Government Central Press, Mumbai, the Bombay High Court held that direct recruitment to a government service bypassing the recruitment rules or...
Supreme Court Weekly Round-Up
Motor Accident Claim: Absence Of Permit Is Statutory Breach Of Policy Condition Absolving Insurer, Holds SCThe Supreme Court held that plying of the transport vehicle in public without permit is a statutory breach and if such a vehicle gets involved in an accident, the insurer will be absolved of liability to pay.Supreme Court Stays Arrest Of Activist Trupti Desai In A Case Filed Under...
High Courts Weekly Round-Up
Bombay High CourtThe Bombay High Court refused to exercise extraordinary jurisdiction under Article 226 of the Constitution and dismissed a couple of petitions challenging an order of the Registrar General of the High Court wherein a departmental inquiry was ordered against the petitioner who is a Civil Judge Junior Division.Calcutta High CourtQuashing a 26-year-old show cause notice issued to...
High Courts Weekly Round-Up
Allahabad High CourtThe Allahabad High Court confirmed death sentence awarded to a man holding him guilty of murdering his octogenarian parents, brother and his wife, minor nephew and niece.The High Court, on Monday, sought the CBI’s response on an affidavit filed by Unnao rape victim’s mother, who has alleged that the agency was not conducting a fair investigation into her...
Supreme Court Weekly Round-Up
Labour Court Is Not Functus Officio For Considering Application To Set Aside Ex Parte AwardThe Supreme Court, in Haryana Suraj Malting Limited v. Phool Chand, held that labour court/industrial tribunal is not functus officio after the award has become enforceable as far as setting aside an ex parte award is concerned.Central Excise Act: Measure Of Levy Won’t Be Controlled By Its Nature:...
High Courts Weekly Round-Up
Bombay High CourtIn a significant judgment, the Bombay High Court held that merely because parties are governed by the Muslim Personal Law, it should not be an impediment in the wife invoking provisions of the Domestic Violence Act.The High Court recently allowed a petition filed by a public charitable trust called FE Dinshaw Trust and held that acquisition of land measuring almost 41 acres...
Supreme Court Weekly Round-Up
Second Appeal- Additional ‘Substantial Questions Of Law’ Can Only Be Framed At The Time Of Hearing, Not In Judgment ItselfThe Supreme Court, in Vijay Arjun Bhagat vs. Nana Laxman Tapkire, while setting aside a high court judgment, observed that the high court can frame additional substantial questions of law in the second appeal only during the hearing and not in the judgment.Navjot...
High Courts Weekly Round-Up
Bombay High CourtThe Bombay High Court recently dismissed an appeal filed by a man seeking a decree of nullity of his marriage with his wife that took place on February 14, 2009. The appeal was against an order of the family court dated September 10, 2012, wherein the wife’s counterclaim seeking a decree for restitution of conjugal rights was allowed.The High Court dismissed a writ...