Weekly
High Courts Weekly Round-Up
Bombay High CourtThe Bombay High Court held that the stepson of a Hindu citizen dying intestate cannot claim inheritance over his property. Justice SC Gupte passed the judgment in a chamber summons taken out in a partition suit involving partition of ancestral property jointly owned by the parties in the suit.The High Court held that a licensing authority cannot refuse arms license to a...
Supreme Court Weekly Round-Up
When Two Consenting Adults Decide To Marry No One Can InterfereHearing the writ petition by NGO Shakti Vahini regarding the offence of honour killings, the Supreme Court bench of Chief Justice Dipak Misra, Justice D. Y. Chandrachud and Justice A. M. Khanwilkar reaffirmed, “Where two consenting adults agree to enter into matrimony, no individual rights, group rights or collective rights...
Supreme Court Weekly Round-Up
Non-Mentioning Of Accused’s Name In FIR Not A Ground To Doubt Its ContentsThe Supreme Court, in Latesh @ Dadu Baburao Karlekar v The State of Maharashtra, reiterated that merely because the names of the accused are not stated and their names are not specified in the FIR, that may not be a ground to doubt the contents of the FIR and the case of the prosecution cannot be thrown out on...
High Courts Weekly Round-Up
Allahabad High CourtNo intervention with the right of privacy of an Indian citizen can be permitted so mechanically, Allahabad High Court observed while ordering the police to discontinue surveillance of a man, who was kept under surveillance since 2011.Bombay High CourtThe Bombay High Court recently quashed and set aside an order passed by a metropolitan magistrate wherein an...
High Courts Weekly Round-Up
Bombay High CourtIn a huge relief to LLM students from Mumbai University who did not get time to prepare for their semester examinations since there was only a few days between their admission and the first semester exam, the Bombay High Court allowed them to take the first semester exams along with the second semester exams.Quashing an order passed by a joint civil judge junior division,...
Supreme Court Weekly Round-Up
No Special Consideration Can Be Given To Accused In Granting Bail Simply Because He Is A ForeignerThe Supreme Court, on Tuesday, asserted that an accused cannot be given any special consideration while granting bail simply because of the fact that he is a foreigner. “The law under Section 439 of Cr.P.C is very clear and in the eyes of the law every accused is the same irrespective of...
Supreme Court Weekly Round-Up
SC Elucidates Principles Of ‘Under Insurance’ And “Averaging Out”Elucidating the principles of “under-insurance” and “averaging out”, the Supreme Court, in IC Sharma vs The Oriental Insurance Co Ltd, held that when a group of items is insured under one heading and only some of the items and not all items are lost/stolen, then the principle of under-insurance will apply. The...
High Courts Weekly Round-Up
Allahabad High CourtThe Allahabad High Court, on Thursday, lamented the rampant increase in corruption, opining that it has become difficult to find honest people these days.The Allahabad High Court imposed Rs. 5,000 as costs on the Prime Minister’s Office (PMO) and the Law Ministry for its delay in filing response to a PIL.Bombay High CourtIn a significant judgment, the Bombay High Court...
High Courts Weekly Round-Up
Bombay High Court The Bombay High Court commuted death penalty awarded to duo convicted by the trial court for kidnapping, raping and murdering a 4-year-old girl.Calcutta High CourtThe Calcutta High Court recently admonished a man who filed a writ petition against its sitting judges and their conduct in dealing with the cases filed by him.Chhattisgarh High CourtThe Chhattisgarh High Court...
Supreme Court Weekly Round-Up
Writ Of Mandamus Can’t Be Issued To Legislature To Amend Law“The writ of mandamus cannot be issued to the legislature to bring about an amendment in a legislation,” remarked the Supreme Court bench of Chief Justice Dipak Misra, Justice DY Chandrachud and Justice AM Khanwilkar on Friday.Cooperative Society Employee Can Choose Any Forum Under Kerala Cooperative Societies Act Or...
High Courts Weekly Round-Up
Bombay High CourtThe Bombay High Court recently dismissed a petition filed by one Mohammad Imran, who challenged the cancellation of his selection to the post of Civil Judge Junior Division and Judicial Magistrate First Class citing an unfavourable police verification report.Delhi High CourtThe Delhi High Court, on Wednesday, quashed a decision of the Central Board of Film Certification...
Supreme Court Weekly Round-Up
A Major Entitled To Freedom Of Choice, Court Can’t Assume Role Of Super Guardian“A major is entitled to the freedom of choice. As long as the choice remains, the court cannot assume the role of the super guardian, moved by the sentiment of the mother or the egotism of the father,” observed the Supreme Court bench of Chief Justice Dipak Misra, Justice DY Chandrachud and Justice...