Inside Supreme Court verdict on the eradication of Manual Scavenging in India
“For ours is a battle not for wealth or for power. It is a battle for freedom. It is the battle of reclamation of human personality.”- Dr. B. R. Ambedkar
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Disclosures in criminal matter cannot unreasonably step over right to privacy: Supreme Court acquits woman accused of killing newborn
“Thrusting upon a woman the guilt of having killed a child without any proper evidence, simply because she was living alone in the village, thereby connecting with one another two unrelated aspects; reinforces the cultural stereotypes and gendered identities which the Court has explicitly warned against.”
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Can Hospitals refuse to perform transplants from non-related organ donors? Madras High Court answers
“The apprehensions and reluctance of the hospitals here to entertain organ transplantation between non-relatives is more due to inadequate awareness of the law on the topic. All it now requires is proper legal education on the subject for the physicians and the hospitals, and this Court expects the Govt. to take the lead in the matter.”
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‘Live-in relationships are timepass, temporary and fragile’: Allahabad High Court remarks
Allahabad High Court saysthat live —in relationships are more of infatuation against opposite sex without any sincerity.
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Executing Court having jurisdiction to execute award, can be any Court anywhere in the country, where decree can be executed: Allahabad HC reiterates
Allahabad High Court noted that the issue regarding the jurisdiction of the Executing Court was neither doubted nor was referred.
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SC cancels murder accused’s bail as witnesses turn hostile; Orders fresh cross-examination and witness protection
Supreme Court found the case fit for recalling the witnesses for further cross-examination but added that the power to recall witnesses under S.311 CrPC ought to be exercised sparingly and mere hostility by a witness, per se, would not be sufficient grounds to infer misuse of concession of bail.
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Allahabad HC directs Magistrate to conclude NI Act proceedings expeditiously without going into unnecessary technicality
Allahabad High Court noted that the Supreme Court has issued several directions to deal with the pendency of dishonor of cheque cases and for their expeditious disposal
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[Pre-Institution Mediation] Supreme Court rejects an ‘absolute and unfettered right’ interpretation of S. 12A of Commercial Court Act
Camouflage and guise to bypass the statutory mandate of pre-litigation mediation should be checked when deception and falsity is apparent or established.
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Supreme Court issues notice to Tamil Nadu and its DGP over allegations of biased investigations against AIADMK and DMK ministers
The PIL sought transfer of cases pending before investigating agencies to any other independent agencies or CBI.
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Read why Madras HC directed State to reconsider the screening time of Vijay starrer movie ‘Leo’
Madras High Court directed the State to reconsider the request of Producer to screen five shows of the film a day, in theatres, between 7:00 am and 1:30 am
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[Cash-for-job Scam] Madras High Court refuses to grant bail to V. Senthil Balaji on medical grounds
Earlier in a writ petition concerning the issue of continuation of V. Senthil Balaji as a Cabinet Minister of the State consequent to his arrest, the Court left it to Chief Minister MK Stalin to decide about the continuance of Senthil Balaji (who is in judicial custody) as a Minister without Portfolio
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Supreme Court expands scope of exemption for service tax to include IIT and NIT under the definition of ‘governmental authority’
“Interpretative tools should be employed to make a statute workable and not to reach to a particular outcome.”
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Explained | Allahabad High Court’s verdict on burden of proving claim for tax concession
Allahabad High Court said that once the corresponding State authority has sent information that only one purchase made by the purchasing dealer could be verified, the benefit of other purchases as alleged to be made by the revisionist against Form C cannot be granted.
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Decoding Supreme Court three Judge bench verdict in 26-week pregnancy case
Supreme Court said that the delivery will be conducted by AIIMS at the appropriate time and the Union Government will bear all the medical costs for the delivery.
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Supreme Court refers 2018 Electoral Bonds Scheme Case to 5-judge Constitution Bench
The Finance Act, 2017 introduced a system by which electoral bonds could be issued by any scheduled bank for the purpose of electoral funding.
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[Nithari Killings] Allahabad High Court acquits Surendra Koli and Moninder Pandher; Set aside their death sentence
The Nithari murder case concerning with the rape and murder of several girl children between 2005-2006 sent shockwaves across the country.
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Supreme Court dismisses PIL praying for declaring Manual Scavengers Act unconstitutional; Grants liberty to move to High Court
A PIL on the implementation of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 is pending before the Supreme Court.
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HIGH COURT OCTOBER 2023 WEEKLY ROUNDUP| Stories on West Bengal post-Panchayat Polls violence; Pulse candy case; T.I.M.E. trade mark case; and more
A quick legal roundup to cover important stories from all High Courts this week.
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Transporting cows and their progeny within UP is not a violation of S. 5-A of U.P. Prevention of Cow Slaughter Act: Allahabad HC
“The police have no power or jurisdiction to seize or confiscate the vehicle in question and the DM also could not have issued notice under section 5-A of the Act when there is nothing to substantiate that the animals were being transported from within the State to some other State”
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Can retired BSF personnel be treated as ‘Ex-Servicemen’ for benefits of purchase and consumption of liquor in Tamil Nadu? Madras HC answers
“Even if the claim of the petitioner that discrimination is meted out to retired personnel of BSF as against Ex-servicemen has to be accepted, the consequence would only be that the exemption and concession granted to Ex-servicemen in consumption of liquor would have to be withdrawn, but, it cannot be a ground on parity to extend the same benefit to the retired personnel of the BSF”
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