Weekly
High Courts Weekly Round-Up
Allahabad High CourtLucknow bench of Allahabad High Court declines plea to disqualify a Minister, who lost the Governor’s pleasure Calcutta High CourtCalcutta High Court ruled that the Minority Commission does not have any original jurisdiction to declare the status of any educational institution as being a minority institution or otherwise.Delhi High CourtDelhi High Court observed...
High Courts Weekly Round-up
Allahabad High CourtLucknow Bench of Allahabad High Court dismissed a PIL which sought for quashing of Justice Vishnu Sahai Commission report on the Muzaffarnagar Communal Riots that occurred in the year 2012. The Division Bench also refused to hand over investigation about the riots to Central Bureau of Investigation. Bombay High CourtThe Bombay High Court on Friday observed that no law...
Supreme Court Weekly Round-Up
Arbitrary Appointments of Govt. Law Officers are subjected to Judicial ReviewA two Judge Bench of the Supreme Court on Wednesday, issued Guidelines relating to the Appointment of Government Law Officers. The Bench which was primarily examining the question ‘Whether appointment of law officers by the State Governments can be questioned or the process by which such appointments are made, can...
High Courts Weekly Round-Up
Bombay High CourtThe Bombay High Court has held that relevant period for deciding the vicarious liability of the Director for the act committed by the Company is not only when the cheque was dishonoured, but also when the disputed transaction was entered into, and from time to time thereafter like at the time of issuance of the cheque in question, presentation of said cheque in Bank...
Supreme Court Weekly Round-Up
Filing Petition in SC during pendency of proceedings before HC is an abuse of process of lawIn a recent judgment, the Supreme Court of India reprimanded a petitioner for filing a Writ Petition under Article 32 of the Constitution, during pendency of a Writ before the High Court for the same relief, and imposed costs of Rs. 1 lakh on the petitioner, terming it as an abuse of process of...
High Courts Weekly Round-Up
Bombay High CourtA Division Bench of Bombay High Court on Friday sought a response from the Bar Council of India and the Bar Association of Maharashtra and Goa, on a petition demanding that Bar Councils have a 30% reservation for women advocates.The petition, filed by the Bombay Lawyers Association, has now been posted for further hearing next month.The High Court commuted the death sentence of...
Supreme Court Weekly Round-Up
SC seeks IT dept wealth report of K G Balakrishnan’s relatives in chart formFour months after the Centre gave a clean chit to K G Balakrishnan in a case pertaining to amassing of disproportionate wealth by his kith and kin during his tenure as Chief Justice from January 2007 to May 2010, the Supreme Court on Monday, asked Attorney General MukulRohatgi to submit a detailed chart detailing...
Supreme Court Weekly Round-Up
No discretion to reduce fine once the offence is established under ESI Act Supreme Court held that the Courts have no discretion to reduce the fine prescribed in Sec 85 (a) (i) (b) of the Employees’ State Insurance Corporation Act, once the offence has been established. Apex Court Bench comprising of Justices Dipak Misra and Shiva Kirti Singh held that discretion as per proviso to Section...
High Courts Weekly Round-Up
Allahabad High CourtAllahabad High Court dismissed a PIL against forthcoming sesquicentennial celebrations. The Division Bench said that it is a ceremony of keeping in remembrance the achievements in the field of law and dispensation of justice in the past 150 years. Bombay High CourtBombay High Court held that possessing/transporting Gutka and Pan Masala articles would not attract offence...
High Courts Weekly Round-Up
Allahabad High CourtThe Allahabad High Court held that non-payment of pension constitutes a continuing wrong, and delay and laches or limitation will not thwart the claim. The Division Bench set aside the order of Single Bench which had dismissed the Writ petition on the ground of latches.The High Court reiterated that no person shall be allowed to use personal identification names and marks...
Supreme Court Weekly Round-up
Undue leniency in awarding sentence to be avoided; SCSupreme Court, in State of M.P. vs. Udaibhan observed that undue leniency in awarding sentence needs to be avoided because it does not have the necessary effect of being a deterrent for the accused and does not re-assure the society that the offender has been properly dealt with.SC summarises law on Mitakshara Joint Family PropertySupreme...
Supreme Court Weekly Round-Up
Complaint against termination also maintainable in the place where the management had decided to terminate the employee: SCSupreme Court held that a complaint against termination of an employee of a company is not only maintainable in a Labour court having jurisdiction of the place where the employee was working, when the termination was ordered, but also the Labour court having jurisdiction...