Weekly
Supreme Court Weekly Round-up
JudgmentsA two Judge Bench on Monday held that determining the adequacy of sentence to be awarded in a given case is not an easy task, just as evolving a uniform sentencing policy is a tough call. Justice T.S. Thakur and Justice Gopal Gowda by separate but concurring opinions, had ordered the release of an accused, who was convicted by Delhi High Court for offence punishable under Section 8...
Supreme Court Weekly Round-Up
Live Law reported the following judgments/orders of the Apex Court last week:Judgments:The Court on Tuesday pronounced the Judgment on the issue of sentencing of Ansal Brothers and another convict, in Uphaar Tragedy case. Although the operative part of the order was pronounced on August 19th, 2015, shortly after hearing the matter, the court has given the reasons for passing such an order...
High Courts Weekly Round Up
Delhi High CourtThe Delhi High Court in Wilson Mathew v. State held that Security cheques per se would not get out of the ambit of Section 138 of the NI Act.The Delhi High Court dismissed a plea seeking a ban on screening of ‘MSG 2: The Messenger’, on Wednesday, on the ground that the film’s trailer depicts a fantasy to the viewers and has to be understood in that light only.The...
Supreme Court Weekly Round Up
JudgmentsIn a split verdict, relating to payment of compensation under the Land Acquisition Act, 1894 for the solatium should be from the date of acquisition or from date of pronouncement of the constitution bench judgment in Sunder [2001], a bench of Justices V. GopalaGowda & Adarsh Kumar Goel referred the matter to a 3 judge bench. However, no terms of reference were pronounced.A two...
Supreme Court Weekly Round-Up
Judgements No leniency towards corruptionThe Supreme Court of India, on Monday, held that , in corruption cases, degree of corruption is immaterial and no lenient attitude is required to be shown. An SC bench of Justices Dipak Misra and Prafulla C. Pant, upheld the order of disciplinary authority who had dismissed the Bus Conductor for allowing 25 passengers to travel in the bus...
High Courts Weekly Round Up
Delhi High Court:Frowning upon the “sexist bias” that appears to have “blocked the progress of women”, a Delhi High Court Bench comprising Justice Kailash Gambhir and Justice Najmi Waziri has allowed women to have full term service in the Indian Navy and enjoy retirement benefits.In a decision that will foster medical healthcare workers to provide primary healthcare in rural areas...
Supreme Court Weekly Round Up
Live Law reported three judgments of Supreme Court of India, last week.Late ‘serious’ charges no reason to deny pre arrest bailSupreme Court on Monday, held that, merely because the accused is charged with a serious offence at a later stage may not by itself be the reason to refuse the grant of anticipatory bail if the circumstances are otherwise justified. The court observed that no...
High Courts Weekly Round Up
Delhi High CourtRape accused plea rejectedThe Delhi High Court dismissed a plea of one of the December 16 gangrape case convicts seeking seizure of BBC documentary, ‘India’s Daughter’, apprehending it could be used against his conviction and sentence during his appeal pending in Supreme Court. Delhi High Court Bench comprising Chief Justice G. Rohini and Justice Jayant...
Supreme Court Weekly Round Up
Live Law reported the following judgments/orders of the Apex Court last week.Ansal Brothers Sentencing modified The Supreme Court modified the sentence ofAnsal Brothers. According to the new order, if SushilAnsal and GopalAnsal, the accused in the Uphaar Tragedy case, fails to pay Rs. 30 Crores each within three months from today, they will have to undergo the sentence of...
High Courts Weekly Round Up
Delhi High CourtDelhi HC to shift many files to Lower courtsDelhi high court may soon transfer many of its files to the Lower courts. LokSabha last weekpassed Delhi High Court (Amendment) Bill, 2015, by a voice vote. It was earlier passed by RajyaSabha during budget session. The amendment act reads “In sub-section (2) of section 5 of the Delhi High Court Act, 1966, for the words...
Supreme Court Weekly Round-Up
Section 364A IPC not unconstitutionalThe Supreme Court of India on Friday, dismissed an appeal by a death row convict, and held that Section 364A awarding death penalty as a possible punishment, for kidnapping any person threatening to cause death in order to compel Government or any other person, to pay ransom , is not unconstitutional. Three Judge bench of Justices T.S. Thakur, R.K....
Supreme Court Weekly Round-Up
A Supreme Court Bench comprising of Justice H.L.Dattu, Justice P.C. Ghose and Justice S.A. Bobde has directed CBI Chief Ranjit Sinha to submit all documents relating to the alleged attempts to seek a reopening of the 2G Spectrum scam case, which is nearing completion now.The Bench rapped CBI for jolting out of the probe supervising officer, DIG Santosh Rastogi, from the 2G spectrum scam case...