Weekly
Supreme Court Weekly Round-Up
SC Upholds Denial Of Anticipatory Bail To Army Doctor Who Allegedly Gave Fake Fitness CertificatesThe Supreme Court on Thursday dismissed a Special Leave Petition challenging an order passed by Punjab and Haryana High Court, wherein the latter had refused the application for anticipatory bail filed by Lieutenant Colonel Dr. Gaurav Relhan, an accused under sections 7, 8 and 9 of the Prevention...
High Courts Weekly Round-Up
Allahabad High CourtThe Allahabad High Court upheld the death penalty imposed on a man convicted for rape and murder of 7-year-old girl. The division bench of Justice Shashi Kant Gupta and Justice Prabhat Chandra Tripathi observed that sentence of death is eminently desirable not only to deter others from committing such atrocious crimes, but also to give emphatic expression to...
Supreme Court Weekly Round-Up
Arbitration Proceedings After The Imposition Of Moratorium Under S.14 Of Insolvency And Bankruptcy Code Is Non Est In LawIn Alchemist Asset Reconstruction Company Limited v. M/s Hotel Gaudavan Private Limited, the Supreme Court bench comprising of Justices Rohinton Fali Nariman and Sanjay Kishan Kaul held that arbitration proceedings instituted after the imposition of moratorium under Section...
High Courts Weekly Round-Up
Allahabad High CourtThe Allahabad High Court dismissed a writ petition challenging recovery proceedings initiated against a borrower firm, which challenged recovery proceedings on the ground that due to demonetisation and imposition of GST, it suffered loss in business and could not pay loan installments to the bank. Bombay High CourtUpholding the decision of the Supreme Court in Valsamma...
High Courts Weekly Round-Up
Allahabad High CourtDismissing a plea challenging Uttar Pradesh Government’s ‘forcing’ students of Madarsas to sing the National Anthem, the Allahabad High Court observed that the singing of the national Anthem is not just a constitutional duty but also fosters the spread of the spirit of democracy, secularism and the integrity of the nation.Andhra Pradesh High courtEmphasizing the need...
High Courts Weekly Round-Up
Bombay High CourtThe Bombay High Court quashed an FIR filed against Colors TV channel and producers of TV show Big Boss. A bench of Justice Ranjit More and Justice Sadhana Jadhav was hearing a writ petition filed by Endemol India Pvt Limited sought quashing of the FIR dated October 4, 2008, filed by one Sunil K Ahire, President of the Mumbai Pradesh Youth Congress.The High Court recently...
High Courts Weekly Round-Up
Bombay High CourtThe Bombay High Court recently held that formulations containing less than 135 mg of dextropropoxyphene cannot be classified as a ‘narcotic’ or a ‘narcotic drug’ within the meaning of Section 2(h) of the Medicinal and Toilet Preparations (Excise Duties) Act, 1955 [M & TP Act] and hence are not liable for state excise duty.In a matter between Pratibha Industries...
Supreme Court Weekly Round-Up
Conviction In Serious & Heinous Crime Per Se Can’t Be Reason To Deny ParoleWhile dealing with the parole application of a prisoner serving sentence upon conviction under the TADA Act, the Supreme Court clarified that seriousness or heinous nature of the crime ought not to have any bearing on the consideration of application for parole. The prisoner was found guilty for having...
Supreme Court Weekly Round-Up
Award Of Lok Adalat Can Be Challenged Only By Filing Writ Petition And Not By Way Of Separate Suit Upholding the order of rejection of plaint, the Supreme Court held that the award of Lok Adalat can be challenged only by filing writ petition under Article 226/227 of the Constitution of India, and that civil suit seeking such remedy was not maintianable. The suit in question was filed seeking...
Supreme Court Weekly Round-Up
SC Declares Triple Talaq Unconstitutional By 3:2 MajoritySupreme Court of India on Tuesday declared the practice of Triple Talaq as unconstitutional by 3:2 majority. Justices Kurian Joseph, UU Lalit and RF Nariman delivered the majority Judgment. Chief Justice Khehar and Justice Abdul Nazeer dissented.Right To Privacy Is A Fundamental Right: SC Constitution Bench Supreme Court of India held...
High Courts Weekly Round-Up
Bombay High CourtThe Bombay High Court denied relief to one Utsav Sodha, a law student who cleared his first-year examinations from Pravin Gandhi College (unaided) and sought admission to Government Law College (aided) in the second year.Taking a tough stance on ‘sharks’ who prey on helpless unemployed youth, the Nagpur bench of the High Court refused to grant anticipatory bail to one...
Supreme Court Weekly Round-Up
SC Orders NIA Probe In Hadiya Case Under Supervision Of Justice RV RaveendranSupreme Court of India on Wednesday ordered NIA investigation in the Hadiya Case under the supervision of former Supreme Court Judge Justice RV Raveendran.Words Like ‘Repay’, ‘Return’ & ‘Subject To This Condition’ Imply Agreement Is Not Of Absolute SaleThe Supreme Court, in Vithal Tukaram Kadam...