Weekly
High Courts Weekly Round-Up
Allahabad High CourtDismissing the challenge against appointment of former Chief Justice of Madhya Pradesh and Allahabad High Court to the post of State Human Right Commission Chairman, the Allahabad High Court said that offering the post to a former Chief Justice is not a badge of servitude or of slavery or an outcome of quid pro quo. Division Bench comprising of Justices Amreshwar Pratap...
High Courts Weekly Round-Up
Bombay High CourtThe Aurangabad Bench of Bombay High Court set aside en masse termination of Law Officers of the State, terming it as “arbitrary and illegal”. The Officers had been accused of indulging in conduct incompatible with their duties as a Law Officer, after they had filed a Contempt Petition against the State.The High Court held that if a wife files false criminal case against...
Supreme Court Weekly Round-Up 2016 (Week 1 - Jan 4-8)
JudgmentsMotor Accident Claims; SC cautions Courts against Hyper Technical approach1. MALATI SARDAR vs. NATIONAL INSURANCE COMPANY LTDThe Supreme Court restated its earlier position in Mantoo Sarkar vs. Oriental Insurance Company Limited (2009) 2 SCC 244 regarding territorial jurisdiction of Motor Accident Claims Tribunal. Apex Court Bench of Justices Anil R. Dave and Adarsh Kumar Goel held...
High Courts Weekly Round-Up
Allahabad High CourtAllahabad High Court held that Section 36(3) and (4) of the Industrial Disputes Act, which disentitles a party to be represented by an Advocate unless with the consent of opposite parties and leave of Labour court, is not violative of Section 29/30 of the Advocates Act read with Article 19(1)(g) of the Constitution of India. Justice Pankaj Mithal held that the restrictions...
Supreme Court Weekly Round-Up
Kerala Liquor regulation policy upheldIn a major setback to the bar owners in Kerala, the Supreme Court upheld the controversial Abkari policy for the year 2014-2015 framed by the Kerala Government restricting the issuance of bar licenses (FL-3) to five-star hotels in the State to serve alcohol to the public, and not to renew the existing bar licences issued to any of the other...
Supreme Court Weekly Round-Up
Minimum educational qualification norm upheldThe Supreme Court Bench, comprising Justice J. Chelameswar and Justice A.M. Sapre upheld the validity of Haryana Panchayati Raj (Amendment) Act, 2015 (Act 8 of 2015), which introduced the minimum educational qualification for candidates to contest the Panchayat elections. It held that both the rights namely “Right to Vote” and “Right...
High Courts Weekly Round-Up
Bombay High CourtThe High Court of Judicature at Bombay dismissed a Writ Petition filed by renowned singer Lata Mangeshkar challenging Maharashtra government’s decision to declare Jayprabha Studio in Kolhapur, owned by her, as a heritage structure. The Maharashtra Government had, on December 29, 2012, passed an order declaring the studio as a heritage structure. Mangeshkar had moved the...
High Courts Weekly Round-Up
Allahabad High CourtAllahabad High Court convicted a lawyer for committing criminal contempt of subordinate Court and has sentenced him to undergo simple imprisonment of six months. Division bench of Justices Sudhir Agarwal and ShamsherBahadur Singh has also restrained the lawyer from entering the High Court and District court premises for a period of three years.Bombay High CourtBombay...
Supreme Court Weekly Round Up
Include Acid attack victims in the disability listThe Supreme Court directed all the States and Union Territories to consider the plight of Acid Attack victims and take appropriate steps with regard to inclusion of their names under the disability list. Apex court bench of Justices M.Y. Eqbal and C. Nagappan said that State shall upon itself take full responsibility for the treatment...
Supreme Court Weekly Round-Up
Justice TS Thakur is the new CJIJustice T.S.Thakur has sworn in as the 43rd Chief Justice of India. He succeeded Justice H L Dattu who demitted office on Wednesday. Justice Thakur has tenure of over a year as Chief Justice of India.Rajiv Gandhi assassins could not be freed unilaterally by TN GovtFive judge Constitution bench of the Supreme Court has ruled that Tamil Nadu government could...
High Courts Weekly Round-Up
Allahabad High CourtIn a significant ruling, Allahabad High Court has held that blocking 25% of the benefits in a Pension scheme in favour of minorities is not invalid. Upholding the validity of Samajwadi Pension Yozna, wherein 25% of the benefits were blocked in favour of ‘minorities’, a division bench of Justices V.K. Shukla and Brijesh Kumar Srivastava held that Minorities are a class...
Supreme Court Weekly Round-Up
Holy book names cannot be claimed as trademarksUpholding a decision rendered by the Intellectual Property Appellate Board, a Division Bench of the Supreme Court comprising Justice RanjanGogoi and Justice R.K. Agrawal recently held that names of holy or religious books cannot be claimed as trademark for goods or services.Relief for Law ministerSupreme Court of India set aside the judgment...