Weekly
High Courts Weekly Round-Up
Allahabad High CourtA full bench of Allahabad High Court on Monday held that the state government cannot exercise power under Section 321 of Code of Criminal Procedure to withdraw criminal cases in a whimsical and arbitrary matter.The High Court recently struck down an Ordinance passed by Lucknow University, by which 80% seats of the LL.M. programme were reserved for law graduates of...
Supreme Court Weekly Round-Up
Decree Of Injunction Can Be Executed Against Legal Representatives Of Deceased Judgment-DebtorThe Supreme Court in PrabhakaraAdiga vs. Gowri, held that a decree for injunction can also be executed against legal representatives of the deceased judgment-debtor, in view of the specific provisions contained in section 50 of the Code of Civil Procedure. Post-Acquisition Allottee Has No Locus...
High Courts Weekly Round-Up
Allahabad High CourtThe Allahabad High Court quashed proceedings initiated post notice under Section 13(4) of The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 as the said notice was issued without duly informing the debtor about the auction of property and subsequent sale. Bombay High CourtGranting interim relief to authorised fair...
Supreme Court Weekly Round-Up
DA Case:SasikalaAnd Others Guilty, Trial Court Verdict RestoredIn a landmark Judgment Supreme Court of India convicted VK Sasikala, Ilavarasi and Sudhakaran in the disproportionate assets Case. The Division Bench of Justices PC Ghose and Amitava Roy has restored the conviction and sentence imposed by the trial Court in the disproportionate assets Case.Assessment Of Child’s Welfare For...
High Courts Weekly Round-Up
Allahabad High courtThe High Court of Allahabad on Thursday permitted around 70 aspirants older than 20 years to apply for the Common Law Admission Test, in derogation of the BCI Rules setting an upper age limit for taking the test.The High Court dismissed a public interest litigation for a direction to ensure daily recital of the national anthem on the premises of the high court as well...
Supreme Court Weekly Round-Up
Mere Anchoring Of A Vessel For Repair Does Not Constitute Taxable ImportThe Supreme Court, in Commissioner Of Customs, Mumbai Vs M/S Aban Loyd Chiles Offshore Ltd, held that mere repair of a vessel is not putting the vessel to use in India and would not result in home consumption, so as to constitute a taxable import.Karnataka Law Providing ‘Consequential Seniority’ To SC/STs On...
Supreme Court Weekly Round-Up
Magistrate Can’t Order Further Investigation At Post Cognizance StageA two Judge bench of the Supreme Court on Thursday held that Magistrate cannot order further investigation after the cognizance has been taken, process has been issued and accused has entered appearance in response thereto.Right To Private Defence Is Available Even When There Is Reasonable Apprehension Of Danger To...
High Courts Weekly Round-Up
Allahabad HCThe Allahabad High Court, in Ram Sunder Ram vs. Union of India, has held that quoting of wrong provision in order to cancel the arm licence does not invalidate the order.The division bench of Justices Ramesh Sinha and RekhaDikshit of the Allahabad High Court has ordered the Chief Secretary of the State of Uttar Pradesh to pay a compensation of Rs.2 lakh to a student of Class XII...
Supreme Court Weekly Round-Up
Licensed Surveyor a public servantThe Supreme Court held that a Licensed Surveyor under Section 18A of the Karnataka Land Revenue Act would be treated as “public servant” for the purposes of Prevention of Corruption Act, 1988.CBI probe against Former CBI chiefSupreme Court ordered CBI probe against former CBI Director Ranjit Sinha for allegedly abusing his position to favour...
Supreme Court Weekly Round-Up
Allowed a 22-year-old woman to terminate her 24-week pregnancyConsidering the right to preserve the life of a person is paramount, the Supreme Court on Monday allowed a 22-year-old woman to terminate her 24-week pregnancy on medical ground.File status report on installation of speed governorsSupreme Court it will summon secretaries of several states to appear in person with files if the...
High Courts Weekly Round-Up
ALLAHABAD HCThe Allahabad High Court disposed of a writ petition against BSP president Mayawati filed by BJP leader Neeraj Kumar Saxena, wherein he had alleged that Mayawati openly sought votes to a public at large, amounting to wooing the electorate, based on a religious appeal.BOMBAY HCA division bench of Justices Ranjit More and ShaliniPhansalkar Joshi of the Bombay High Court pulled...
Supreme Court Weekly Round-Up
Prosecution For Offence Under Sec. 182 IPC Without Formal Complaint By Public Servant Void Ab InitioThe Supreme Court, in Saloni Arora vs. State, reiterated that in order to prosecute an accused for an offence punishable under Section 182 IPC, it is mandatory to follow the procedure prescribed under Section 195 of the Code else such action is rendered void ab initio.Notification Issued Under...