Weekly
Supreme Court Weekly Round-Up
Attempts By Khap Panchayats To Scuttle/Prevent Marriages “Illegal”In a significant judgment, the Supreme Court on Tuesday ruled that any attempt by Khap Panchayats or any other assembly to scuttle or prevent two consenting adults from marrying is absolutely “illegal”. Delivering a judgment in the PIL filed by NGO Shakti Vahini on the issue, a bench of Chief Justice Dipak Misra, Justices...
High Courts Weekly Round-Up
Bombay High CourtThe Bombay High Court observed that a Hindu, who converted to other religion, is entitled to his/her father’s property if father died intestate.The High Court yet again granted bail to a law student for appearing in his semester examinations. It is not the first time the said student has been granted a conditional bail for this reason, as the court had granted him bail...
Supreme Court Weekly Round-Up
SC Issues Directions To Prevent Misuse Of SC/ST Act, Govt.Servants Can’t Be Arrested Without Prior SanctionSupreme Court of India on Tuesday issued directions to prevent the misuse of provisions of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act 1989 (SC/ST Act). A Two Judge Bench of Justices AK Goel and UU Lalit was examining the question whether there can...
High Courts Weekly Round-Up
Chhattisgarh High CourtThe Chhattisgarh High Court recently held that the moment manufacturing process begins in an industry, the provisions of the Factories Act, 1948 would be applicable, and therefore, the provisions of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 (BOCW Act) would cease to operate in a factory.The ratio that...
Supreme Court Weekly Round-Up
Foreign Law Firms Can’t Set Up Office In India: Foreign Lawyers Can Advice Clients On ‘Fly in And Fly Out’ BasisSupreme Court of India on Tuesday held that foreign law firms cannot set up offices in India or practice in Indian Courts. But they can give advice to Indian clients on ‘fly in and fly out’ mode in temporary basis. The Bench also directed the Centre and BCI to...
Supreme Court Weekly Round-Up
Aadhaar Not Mandatory For NEET And Other ExaminationsThe Supreme Court on Wednesday held that Aadhaar is not mandatory for registering or appearing for NEET or any other national examinations. The Aspirants can Voter ID, Passport, Driving License, Bank Account book for the purpose.Kerala HC Judgment Annulling Marriage Between Hadiya And Shafin Jahan Set AsideThe Supreme Court set aside the...
High Courts Weekly Round-Up
Allahabad High CourtThe Allahabad High Court upheld the CBI enquiry ordered by the Central Government into serious allegations against the Uttar Pradesh Public Service Commission (UPPSC) in respect of examinations and their results held/declared during the period between 01.04.2012 and 31.03.2017.The High Court, on Friday, directed the State Government to ensure that all Government officials...
High Courts Weekly Round-Up
Bombay High CourtThe Bombay High Court, on Thursday, ruled that while a judgment and order of conviction of a foreign Court against an Indian citizen can be looked into by authorities and Courts in India, such judgment would not be ipso facto binding on such authorities.Chhattisgarh High CourtThe High Court of Chhattisgarh set aside the search committee constituted for making recommendations...
Supreme Court Weekly Round-Up
When Lender Merges With ‘Financial Institution’, Successor-In-Interest Entitled To Recovery Under SARFAESI ActThe Supreme Court bench of Justice A. K. Sikri and Justice Ashok Bhushan recently held that where an entity granting a loan is not a ‘banking company’ or a ‘financial institution’ under clauses (d) and (m), respectively, of Section 2(1) of the SARFAESI Act of 2002,...
Supreme Court Weekly Round-Up
‘Appellate Officer’ Under Public Premises (Eviction Of Unauthorized Occupants) Act, 1971 Is Not Persona Designata, But Civil CourtThe Supreme Court, in Life Insurance Corporation of India v Nandini J Shah & Ors, held that the appellate officer while exercising power under Section 9 of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971, does not act as a persona...
High Courts Weekly Round-Up
Allahabad High CourtThe full bench of Allahabad High Court, in M/s N.C.M.L. Industries Ltd. through Director and another Vs. Debts Recovery Tribunal, Lucknow and others, held that taking “symbolic possession” or issuance of possession notice, meeting with any resistance, cannot be treated as “measure”/s taken under Section 13(4) of the Securitisation and Reconstruction of Financial...
Supreme Court Weekly Round-Up
Service Of Summons Without Mentioning Therein Specific Day, Date, Year And Time Can’t Be Held As ‘Summons Duly Served’The Supreme Court, in Auto Cars v Trimurti Cargo Movers Pvt Ltd & Ors, held that service of summons on the defendants without mentioning therein a specific day, date, year and time cannot be held as “summons duly served” on the defendants within the meaning of...