Weekly
High Courts Weekly Round-Up
Bombay High CourtThe Bombay High Court in Rajendra vs. State Of Maharashtra, held that the cognisance of offences punishable under Chapter IV of the Drugs and Cosmetics Act, 1940, cannot be taken on the basis of the charge sheet filed by the police under section 173 of the Code of Criminal Procedure (CrPC). Calcutta High Court“Do not pit one community against another”, the Calcutta...
High Courts Weekly Round-Up
Bombay High CourtThe Bombay High Court observed that construction of illegal shrines on pathways and streets is in no way integral part of any religion, so as to be protected under Article 25 of the Constitution.Ahead of the festive season, the Bombay High court issued pointed directives for efficient implementation of the Noise Pollution (Regulation and Control) Rules 2000, and guidelines...
Supreme Court Weekly Round-Up
Ex-Policeman Accused Of Killing Wife The Supreme Court acquitted an ex-police constable, who was convicted by the trial court and high court under Section 302 of the Indian Penal Code and resultantly sentenced to suffer imprisonment for life and also to pay fine of ₹10,000 for killing his wife.SC Refuses To Review Death Penalty Of Ex-Cop Umesh In Rape-Murder CaseThe Supreme Court Bench...
Supreme Court Weekly Round-Up
Rape & Murder of 7Yr Old Girl: Accused acquitted Of Murder Charges and Quashes Death Penalty; Upholds Lifer for Rape The Apex Court in Rajesh vs. State of Madhya Pradesh acquitted a rape-cum-murder accused of murder charges and upheld life imprisonment and conviction under Section 376 (2) (f) and 377 IPC. The Bench comprising Justice Ranjan Gogoi, Justice Prafulla C. Pant and Justice...
High Courts Weekly Round-Up
Allahabad High CourtThe Allahabad High Court in Sher Singh @ Sheru vs. State of UP dealt with the issue of claim of juvenility raised by the accused when proceedings were underway. The Bench decided that the right of an accused to raise the issue of juvenility cannot be denied by dismissing the writ petition as infructuous and, in case the writ petition in question has been filed though...
High Courts Weekly Round-Up
Allahabad High CourtThe Allahabad High Court quashed disciplinary proceedings against a senior advocate initiated by the Uttar Pradesh Bar Council on a complaint accusing him of grabbing land. The Bench comprising Justice V.K. Shukla and Justice Mahesh Chandra Tripathi observed that such disputes relating to property should be decided by the competent civil court and not by the Bar...
Supreme Court Weekly Round-Up
Rape-Murder of 7 year old- Death penalty commutedThe Supreme Court has commuted the death penalty imposed by the Trial Court and the High Court on Kamlesh @Ghanti who was found guilty of raping and murdering a seven year old girl. Three Judge Bench comprising Justice Ranjan Gogoi, Justice Prafulla C. Pant and Justice Uday Umesh Lalit upheld the conviction of the accused under Section 376A,...
High Courts Weekly Round-Up
Allahabad High CourtThe Allahabad High Court commuted the death sentence awarded by a trial court for a man accused of raping and murdering a 4-year-old girl, to life imprisonment.Bombay High CourtBombay High Court recently dismissed a petition filed by five Police Officers challenging the order of Maharashtra Police Chief, rejecting their application for grant of permission to form...
Supreme Court Weekly Round-Up
Govt Must Compensate Promptly For Land ExpropriationThe Supreme Court in Delhi Development Authority vs. Sukhbir Singh & Ors., observed that persons whose property is expropriated by the state need to be paid immediately so as to enable them to rehabilitate.Magistrate Can Allow Complainant to Conduct Prosecution IndependentlyExamining the difference between Section 301 and Section 302 of...
Supreme Court Weekly Round-Up
L&T Case: Multi-point levy of turnover tax on works contract struck downThe Supreme Court in Larsen & Toubro Limited Vs. Additional Deputy Commissioner Of Commercial Taxes & Anr. held that the value of the work entrusted to the sub-contractors or payments made to them shall not be taken into consideration while computing total turnover for the purposes of Section 6-B of the...
High Courts Weekly Round-Up
Allahabad High CourtThe Allahabad High Court, in Dr. Kuldeep Kaushik vs. State of UP, held that a magistrate has the authority to interfere in a case investigation if it is not going on in a proper or fair manner.In Ramsiya Yadav vs. State of UP, The High Court held that gratuity can be withheld in a case where judicial proceedings are pending on the serious charges against employee.The...
Supreme Court Weekly Round-Up
VRS: It is not open for the Employees to withdraw the Application after the stipulated last dateThe Supreme Court in Madhya Pradesh State Road Transportation Corporation vs. Manoj Kumar & Anr. Held that Voluntary Retirement Schemes (VRS) are contractual in nature and the option to opt for them constituted as an ‘invitation to offer’ and not an ‘offer’ themselves. The Bench of...