Weekly
High Courts Weekly Round-Up
Allahabad High CourtThe Allahabad High Court observed that the levy of entry tax on e-commerce sites is prima facie unconstitutional as the state legislature has no authority or competence to do so.Bombay High CourtA division bench of Justice Abhay Oka and Justice GS Kulkarni of the Bombay High Court cautioned family courts to follow the law in letter and spirit, while hearing matters of...
High Courts Weekly Round-Up
Allahabad High CourtReiterating that the Chief Justice is the master of roster and none else, the full bench of Allahabad High Court in Dinesh Kumar Singh @ Sonu vs. State of UP, held that a single and division bench of the High Court assigned with a particular jurisdiction assigned by the Chief Justice, cannot overstep into the determination of another bench, assigned with...
Supreme Court Weekly Round-Up
Seeking Votes In The Name Of Religion Corrupt PracticeDelivering a landmark ruling, the Supreme Court on Monday held that seeking votes in the name of religion, caste or community amounted to corrupt practice and election of a candidate who indulged in it can be set aside. A seven judge constitution bench of the court headed by Chief Justice T S Thakur passed the ruling by a 4:3 majority....
High Courts Weekly Round-Up
Bombay High CourtObserving that the Medical Council of India is the competent authority in framing regulations relating to post graduate medical admissions, the Bombay High Court dismissed a petition filed by a group of disabled students challenging a provision in the Medical Council of India Post Graduate Medical Education Regulations, 2000.In light Of Corporate Ministry notification, The...
High Courts Weekly Round-Up
Allahabad High CourtIn a recent judgment, the Allahabad High Court held that land belonging to religious bodies can be acquired by the government for achieving a larger public purpose.The Allahabad High Court in Sankalp Institute of Education vs. State of UP, has held that minority self-financed institutions imparting professional or technical education cannot admit students of their choice...
Supreme Court Weekly Round-Up
Ex-Army Officer’s Acquittal In Murder Case UpheldThe Supreme Court upheld the acquittal of an ex-Army officer in the murder of a businessman. Lt. Col. SJ Chaudhary was accused of sending a bobby trap bomb as parcel to a prominent businessman in Delhi, Kishan Sikand, which when opened by him, exploded resulting in his instantaneous death. The CBI investigated the case and he was tried...
High Courts Weekly Round-Up
Allahabad High CourtThe Allahabad High Court, in Thakur Ramnath Singh Prathamik Pathshala And Another Vs. State Of U.P. And 3 Others, directed the state government of UP to frame a policy in relation to grant-in-aid to unaided institutions in the light of the Constitutional mandate and Article 21-A.The High Court recently held that the very object of conducting the test would stand defeated,...
Supreme Court Weekly Round-Up
Magistrate Must Do Inquiry/Investigation Before Summoning Accused Residing In Far-Off PlaceThe Supreme Court in Abhijit Pawar vs. Hemant Madhukar Nimbalkar, emphasised that in cases where the accused is residing at a place beyond the area in which the magistrate exercises his jurisdiction, it is mandatory on the part of the magistrate to conduct an inquiry or investigation before issuing...
High Courts Weekly Round-Up
Allahabad High CourtAllahabad High Court on Wednesday reportedly dismissed a petition challenging Prime Minister Narendra Modi’s election from the Varanasi Lok Sabha seat in 2014.The Allahabad High Court in a judgment [dated 5.11.2016] held that personal laws, of any community, cannot claim supremacy over the rights granted to the individuals by the Constitution.Bombay High CourtA...
Supreme Court Weekly Round-Up
High Court Is Not A Disciplinary AuthorityThe Supreme Court in Chief Executive Officer, Krishna District Cooperative Central Bank Ltd. and Another vs. K. Hanumantha Rao and Another, set aside an impugned judgment of a division bench of the Andhra Pradesh High Court holding that decision qua the nature and quantum is the prerogative of the disciplinary authority and it is not the function of...
High Courts Weekly Round-Up
Allahabad High CourtThe Allahabad High Court refused to grant police protection to a live-in couple on the ground that one of them is married to another person and the marriage has not been dissolved by any competent court as on date. Bombay High CourtA division bench of the Bombay High Court held that sales tax dues cannot be recovered from a transferee under Section 38C of the Bombay Sales...
Supreme Court Weekly Round-Up
National Anthem Must Before Movies In TheatresThe Supreme Court on Wednesday made it mandatory for all cinema theatres to play the national anthem before a movie begins during which the national flag is to be shown on the screen. A bench of Justice Dipak Misra and Justice Amitava Roy also said that everyone present in cinema hall should rise up and pay respect to the anthem when it...