Weekly
High Courts Weekly Round-Up
Allahabad High CourtThe Allahabad High Court told a doctor found to be routinely issuing disability certificates to be careful as the diagnosis mentioned by him was “not at all readable” and it was not clear what kind of disability was suffered by a workman claiming compensation under the workmen’s compensation Act for disability suffered due to an accident on the job. Bombay High...
Supreme Court Weekly Round-Up
SC Strikes Down 157 Year Old Law Criminalizing Consensual Homo-Sexual Acts Between Adults; Holds Section 377 IPC Unconstitutional To That Extent (Navtej Singh Johar & Ors V. Union Of India)In a landmark Judgment, Supreme Court of India struck down a 157-year-old law which criminalizes consensual homosexual acts between adults. The Five Judge Bench has declared Section 377...
High Courts Weekly Round-Up
Allahabad High CourtThe Allahabad High Court on Monday refused to grant interim relief to private power companies from the circular issued by the Reserve Bank of India (RBI) which gives borrowers 180 days’ time to clear their dues— a deadline that ended on Monday.Full Bench of the High Court on Monday directed the Principal Secretary, Law as well as the Principal Secretaries in the...
Supreme Court Weekly Round-Up
Entire Prosecution Story Shouldn’t Be Doubted For Certain Embellishments: SC Revives 1993 WB Panchayat Post-Poll Violence CaseReviving a criminal case related to a post-panchayat poll violence in West Bengal in 1993, the Supreme Court observed that merely because there are certain exaggerations, improvements and embellishments, the entire prosecution story should not be doubted.Persons With...
High Courts Weekly Round-Up
Allahabad High CourtThe Allahabad High Court recently opined that burning the effigy of a living person prima facie does not amount to organising a mock funeral, which is an offence under Section 6 of the United Provinces Special Powers Act, 1932.Bombay High CourtThe Bombay High Court ruled that when employees of newspapers under the Working Journalists and Other Newspaper Employees...
Supreme Court Weekly Round-Up
Principle Of ‘Moulding Of Relief’ Can’t Be Invoked At Interlocutory StageThe Supreme Court observed that principle of moulding of relief could at best be resorted to at the time of consideration of final relief in the main suit and not at an interlocutory stage.Appointment Of Surveyor By Insurer Per Se Isn’t Waiver Of Condition Relating To Delay In Intimation In an important judgment...
High Courts Weekly Round-Up
Bombay High CourtThe Bombay High Court recently suggested that courts can opt for “modern ways of service”, while ordering substituted service of summons.In a significant judgment, for the first time since Independence, the Bombay High Court held that the Gowari community cannot be denied benefits of a Scheduled Tribe status and granted them independent status.Awarding a compensation of Rs...
Supreme Court Weekly Round-Up
Accused Entitled To Acquittal If Informant And Investigating Officer Is The Same PersonIn a significant pronouncement, a three-judge bench of the Supreme Court categorically held that the informant and the investigator in NDPS cases must not be the same person.Insolvency And Bankruptcy Code: Section 14 Moratorium Would Not Apply To A Personal Guarantor Of A Corporate DebtorThe Supreme Court...
High Courts Weekly Round-Up
Bombay High CourtThe Bombay High Court recently dismissed a criminal appeal filed by the State of Maharashtra against a judgment of the Additional Sessions judge in Sangli acquitting one Vijay Shinde and his parents who were booked under Sections 498A (cruelty) and 306 (abetment of suicide) of the Indian Penal Code.The High Court upheld the vires of Section 394 of the Mumbai Municipal...
Supreme Court Weekly Round-Up
Defence Of Negligence Can’t Be Raised In Proceedings U/s 163A Of Motor Vehicles Act, Reiterates SCThe Supreme Court upheld compensation awarded to the parents of deceased driver of the vehicle, reiterating that an insurer cannot be permitted to raise a defence of the negligence of the driver (victim) in proceedings under Section 163A of the Motor Vehicles Act.Doctrine of “Pay And...
High Courts Weekly Round-Up
Bombay High CourtIn an important point of law that came up in a criminal writ petition filed by one Siraj Pathan, who was an eye witness to a murder, the Bombay High Court dismissed the petition and held that an eye witness cannot circuitously impugn or appeal against a judgment of acquittal and seek a re-trial under Section 378 of the CrPC.The High Court recently quashed and set aside a...
Supreme Court Weekly Round-Up
Benefit of Ambiguity In Tax Exemption Notification Should Go In Favour Of Revenue Department: SC Constitution BenchIn an important judgment in the realm of taxation laws the Constitution bench of the Supreme Court in Commissioner of Customs (Import), Mumbai vs. M/s. Dilip Kumar and Company, ruled that exemption notifications should be interpreted strictly and that the burden of...