Weekly
High Courts Weekly Round-Up
Allahabad High CourtAllahabad High Court held that, in view of the prohibition contained in Section 362 of the Code of Criminal Procedure even the High Court in exercise of its inherent power under Section 482 CrP.C has no authority or jurisdiction to alter/review a Judgment in a Criminal Case, after the Judgement is signed.Coming down heavily on Police officers for illegally confining a lady...
High Courts Weekly Round-Up
Allahabad High CourtAllahabad High Court recently held that Criminal proceedings are not a short cut for other remedies. Justice Bharat Bhushan quashed the Criminal proceedings under Sections 420 and 406 IPC against the Accused holding that even if all the allegations in the complaint are taken at the face value, the basic essential ingredients of dishonest misappropriation and cheating...
Supreme Court Weekly Round-Up
If prosecution suppressed the genesis and origin of the occurrence of crime, the accused entitled to get benefit of doubtSetting aside the judgment of the High Court which had found the accused guilty under section 308/34 of the IPC, Division Bench of The Supreme Court restated that if the prosecution has suppressed the genesis and origin of the occurrence of crime, the accused are entitled...
Supreme Court Weekly Round-Up
Centre directed to formulate National Policy for proper rehabilitation of rape survivorsThe Supreme Court on Thursday directed the Centre to formulate a national policy for proper rehabilitation of rape survivors, opining that setting up of a separate fund like the Rs 2,000 crore ‘Nirbhaya fund’ was not enough and amounted to “just a lip service”.Italian Marines CaseThe Supreme Court...
High Courts Weekly Round-Up
Allahabad High CourtThe Allahabad High Court recently set aside the dismissal of a woman police constable from service for marrying her colleague, a married constable. “The petitioner has no knowledge regarding the second marriage of her husband at the time of solemnization of the marriage and at this belated stage, the punishment of dismissal from service is too harsh and disproportionate...
Supreme Court Weekly Round-Up
Taking Cognizance without sanction after asking CBI to file sanction Order does not amount to ReviewThe Supreme Court observed that, an order of a Court refusing to summon the accused for want of sanction, and thereby directing the prosecution to file sanction orders, does not amount to ‘final order’, but only a ‘deferment’. The Apex court bench also observed that, in such a case, if...
High Courts Weekly Round-Up
Delhi High CourtDelhi High Court on tuesday held that since the consent of a girl below the age of 16 years is immaterial, the same cannot be treated as a mitigating circumstance so as to award a sentence lesser than 7 years rigorous imprisonment.The High Court observed that, utmost care and transparency should be observed in the selection of the recipient of awards like Dronacharya Awards...
Supreme Court Weekly Round-Up
NEET; States can’t conduct their own examsThe constitution Bench of the Supreme Court of India on Monday clarified that the State Governments cannot conduct state level entrance examinations for the admission to Medical Colleges. The Court also held that the students who have either applied for NEET-I but could not appear or who appeared but could not prepare well, can appear...
High Courts Weekly Round-Up
Allahabad High courtIn a relief to many candidates who appeared for the exam conducted by Uttar Pradesh Public Service Commission to the post of Civil Judges (Junior Division) in the U.P. Judicial Service, the Allahabad High Court asked the commission to re-evaluate the marks of all candidates, who had appeared at the preliminary examination on the basis of correct answer to one question.The...
High Courts Weekly Round-Up
Allahabad High courtAllahabad High Court dismissed a writ petition by Lok Prahri challenging the constitutional validity of the amendments made by Parliament to the Salary, Allowances and Pension of Members of Parliament Act, 1954 and also of the provisions by which Parliament has legislated to provide for pension and for the grant of facilities to former members of Parliament.Bombay...
Supreme Court Weekly Round-Up
Adopted son no less than a natural son to inherit his father’s propertiesSupreme Court, in Pawan Kumar Pathak vs. Mohan Prasad has reiterated that an adopted son is no less than a natural son, when it comes to claiming the right to inherit the properties of his father.Lifer to Wife Murderer Reversing the High Court order acquitting a man accused of murdering his wife by administering...
High Courts Weekly Round-Up
Bombay High CourtThe Aurangabad bench of Bombay High Court, taking into account the acute drought faced in the state directed the State Government to authorise a 50 percent water cut for liquor industries, breweries and distilleries in the area with immediate effect and a further 10 per cent cut from May 10.The High Court commuted the death sentence imposed on Imdad Ali Wai, accused of...