Weekly
Supreme Court Weekly Round-Up
Courts Can Place Reliance On Parliamentary Standing Committee Reports: SC Constitution Bench A Five Judge Constitution Bench on Wednesday held that the Courts can rely on Parliamentary Standing Committee Reports. The Constitution Bench comprising the Chief Justice Dipak Misra, and Justices A.K.Sikri, A.M.Khanwilkar, D.Y.Chandrachud and Ashok Bhushan unanimously held that placing reliance...
High Courts Weekly Round-Up
Allahabad High CourtThe Allahabad High Court held that writ petition under Article 227 of the Constitution of India challenging the order of the family court granting or refusing an interim injunction or modifying or vacating the same, would not be maintainable and such order would be appealable under Section 19(1) of the Family Courts Act, 1984.Bombay High CourtThe Bombay High Court at...
Supreme Court Weekly Round-Up
No Court Can Extend Statutory Period To Prefer Election PetitionThe Supreme Court, in Reji Thomas vs. State of Kerala, observed that once the mechanism provided under the Statute provides for a time schedule for preferring an election petition, in the absence of a provision in the Statute for enlarging the time under any given circumstances, no court can extend the period in...
High Courts Weekly Round-Up
Allahabad High CourtThe Allahabad High Court, on Wednesday, granted bail to Dr. Kafeel Khan, who was arrested by UP Police in connection with the Gorakhpur BRD medical college tragedy where scores of children died last year due to lack of oxygen.Bombay High CourtJustice GS Patel of the Bombay High Court directed the Prothonotary and Senior Master to institute a quota control system for...
Supreme Court Weekly Round-Up
Mere Abduction Of Woman Doesn’t Attract Offence Under Section 366 IPCThe Supreme Court reiterated that mere abduction of a woman does not attract offence under Section 366 of Indian Penal Code without proof that the woman was abducted with the intent that she may be compelled, or knowing it to be likely that she will be compelled to marry any person or in order that she may be forced or...
High Courts Weekly Round-Up
Allahabad High CourtThe Lucknow Bench of Allahabad High Court held that the award rendered by the Lok Adalat is not appealable and writ petition under Article 226 and/or 227 of the Constitution of India, against the award is maintainable on very limited grounds.Bombay High CourtIn a significant judgment, the Bombay High Court held that a petition for divorce through mutual consent can be...
Supreme Court Weekly Round-Up
Petitions Seeking Probe Into The Death Of Judge Loya DismissedSupreme Court of India dismissed the petitions seeking independent probe into Judge Loya’s death. The Three Judge bench of Chief Justice Dipak Misra, Justice D. Y. Chandrachud and Justice A. M. Khanwilkar, was pronouncing the verdict in the string of writ petitions seeking an independent probe into the death of CBI special judge...
Supreme Court Weekly Round-Up
‘Right To Change Of Faith Is Part Of Fundamental Right Of Choice’The Supreme Court on Monday delivered a detailed judgment in the Hadiya case, almost a month after it set aside the Kerala High Court judgment calling Hadiya’s marriage to Shafin Jahan a “sham”, and annulling it, while directing her return to the protective custody of her Hindu parents.SC Re-affirms Superiority Of...
High Courts Weekly Round-Up
Allahabad High CourtThe Allahabad High Court, on Wednesday, took suo motu cognizance of an incident of rape followed by the custodial death of the victim’s father in Uttar Pradesh’s Unnao district.Bombay High CourtThe Bombay High Court held that under the Protection of Women from Domestic Violence Act, 2005, the court is empowered by Section 28(2) to deviate from the prescribed...
Supreme Court Weekly Round-Up
Two-Decade-Old Crime: Conviction Not To Be Interfered With Merely Because Accused Were Juveniles On The Date Of Commission Of Alleged CrimeUpholding the conviction of two accused who raised their plea of juvenility before the Supreme Court for the first time, the apex court said the validity of the conviction in respect of the incident which occurred almost two decades back ought to be decided...
High Courts Weekly Round-Up
Allahabad High CourtThe Allahabad High Court held that Divorce decree by consent is also appealable if the consent is disputed and is alleged to be not free & bonafide in the absence of inquiry by court.Bombay High CourtBombay High Court acquitted an accused in a Rape Case finding that there was a deep love affair between the Accused and prosecutrix. The Court also held that under Section...
High Courts Weekly Round-Up
Bombay High CourtA full bench of the Bombay High Court held that a dying declaration cannot be rejected merely because it was not read over to the declarant. The three-judge bench of Justice RK Deshpande, Justice SB Shukre and Justice MG Giratkar of the Nagpur bench held the same after a division bench of the high court had framed a question for reference to a larger bench, the question...