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April 14, 2021
Share This - x The Supreme Court on Tuesday deprecated the practice of passing orders suffixed with the caveat that the said order is not to be treated as a precedent on the ground of parity, especially in criminal matters. The bench of Justices D. Y. Chandrachud and M. R. Shah was hearing a string of SLPs seeking cancellation of bail granted by separate orders of coordinate benches of the Gujarat High Court to 6 co-accused in a case of murder of 5 persons. The accused-respondents have been g...
April 11, 2021
High Courts Weekly Roundup [April 5, 2021 â April 11, 2021] Share This - 1. A Single Bench of Justice Ajay Bhanot laid down the procedure to be adopted by the competent authority for inquiring into the criminal antecedents of a candidate for the purpose of selection. It elucidated the type of materials that may be considered by such authority, the standard of proof, and other aggravating/ mitigating factors for the purpose. The Bench also made it clear that such inquiry is differen...
April 10, 2021
Share This - x The Delhi High Court recently made significant observations with regard to the power of an Arbitral Tribunal to rule on its own jurisdiction and the manner of deciding the same. A Single Bench of Justice Prathiba M. Singh also addressed the issue of jurisdiction of High Courts over arbitral tribunals and the scope of such interference. Law governing applications under Section 16 of the Arbitration & Conciliation Act, 1996 and manner of consideration by arbitral tribunals....
April 9, 2021
Share This - x The Delhi High Court on Tuesday observed that the changes brought by the recently notified Medical Termination of Pregnancy (Amendment) Act, 2021 are of enormous significance and are in line with the decisions of the Supreme Court and various High Courts wherein termination of pregnancy was permitted beyond the 24 weeks period in case of serious foetal abnormalities. The observation was made by a Single Bench of Justice Prathiba M. Singh while considering the case of on...
April 9, 2021
Share This - x The Chhattisgarh High Court has held that merely because a person, who is a member of a Child Welfare Committee, participates in an election campaign in favour of a candidate, does not mean that such person has indulged in "misuse of power" conferred under by the Juvenile Justice (Care & Protection of Children) Act, 2015. While setting aside an order for removal of the Petitioner from the post of Chairperson of Child Welfare Committee for allegedly participating in the cam...
April 8, 2021
Kerala High Court Refuses Stay On Kerala Government Notification Banning Online Rummy For Stakes Share This - x The Kerala High Court on Thursday, refused to interfere with a Kerala Government Notification banning online playing of rummy when played for stakes. Upon a challenge made by four gaming companies, a Single Bench of Justice N Nagaresh expressed his disinclination to interfere with the notification at this juncture an d instead listed the petition after the vacation. However, upon a...
April 8, 2021
Share This - x Holding that the State has a duty to protect the life of its citizens, the Patna High Court on Wednesday granted Rs. 10 lakh as compensation to the father of a 18 years old boy who died in October last year in the Munger Maa Durga Pooja firing incident. The order is significant as compensation has been granted pending investigation into the firing incident. A Single Bench of Justice Rajeev Ranjan Prasad observed that it is irrelevant, for the purpose of granting compensati...
April 7, 2021
Share This - " The frequent, causal and lackadaisical summoning of high officials by the Court cannot be appreciated," the Supreme Court observed on Wednesday in a SLP filed by the UP Government against a summoning order passed by the Allahabad High Court in a contempt case. The remarks were made by a Division Bench comprising of Justices Sanjay Kishan Kaul and Hemant Gupta on being informed that the High Court decided to proceed with the contempt petition and summoned the concerned Gov...
April 7, 2021
Share This - The proposed model of the Ram Janambhoomi temple in Ayodhya | Photo: ANI "A person who takes the risk of dissemination of blasphemous messages is not entitled to get the discretion of the Court exercised in his favour." The Lucknow Bench of the Allahabad High Court has denied the anticipatory bail plea of a man accused of trying to promote enmity between two religious communities by spreading propaganda about the foundation laying ceremony of the Ram Temple at Ayodhya. " The fu...
April 5, 2021
Share This - Gujarat High Court A Division Bench of the Gujarat High Court has set aside a Single Bench order restraining a State-appointed Inquiry Commission from pronouncing its report in the unfortunate Rajkot Hospital Fire incident, that consumed the lives of 8 Covid patients last year. The Bench comprised of Justice Bhargav D. Karia observed, " When an incident, as shocking as this takes place, it is in the interest of the public at large, that the truth is ascertained as early as...