Thus Spake Their Lordships: Quotable Quotes from Supreme Court Cases

In dispensing justice, the Supreme Court Judges state both the mundane and the profound.  The journalists covering the 14 courts in the Supreme Court are most likely to miss both, because what interests them are observations from the Judges during the hearing, which could be turned into headlines.  Once judgments are delivered and uploaded online, journalists again look for...

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...

HP High Court orders 20 Lakh each compensation to families of 24 students killed in 2014 Beas River Tragedy [Read Judgment]

The High Court of Himachal Pradesh has directed the College, Board and the State Government to give compensation of Rupees 20 Lakh to each the families of 24 Hyderabad students who drowned in Beas River in 2014. First bench comprising of Chief Justice Mansoor Ahmad Mir and Justice Tarlok Singh Chauhan held that 60% of the above said amount has to be paid to the families by the State...

Action for ‘theft’ cannot be initiated against banks for re-possessing of hypothecated vehicles under HP agreement: Madras HC [Read Judgment]

The Madras High Court Single Bench Justice S. Vaidyanathan ruled that criminal action cannot be initiated against banks and financial institutions for taking possession of vehicles and other goods hypothecated with them in case of default in repayment of loan,.The petition was filed by the Branch Manager, HDFC Bank Ltd., Madurai seeking to quash the First Information Report (FIR) pending on...

Indian Judiciary's take on Contempt of Courts: Revisiting the year 2015

"The object of the discipline enforced by the Court in case of contempt of court is not to vindicate the dignity of the Court or the person of the Judge, but to prevent undue interference with the administration of justice." -Bowen, L.J. in Hellmore v. Smith (2) (1886), L. R. 35 C. D. 455. The object of conferring power to punish for its contempt on courts under contempt of courts Act, 1971 ...

Cisco Systems wins 8 year-long patent dispute over Wi-Fi Technology [Read Judgment]

A US Court of Appeals for the Federal Circuit ruled that Cisco Systems Inc. did not infringe a patent on Wi-Fi technology of the US company Commil USA, LLC. The Court thus reversed a nearly $64-million judgment against the networking equipment maker in the 8 year long patent dispute which also went to the US Supreme Court.The bench comprising of Chief Judge Frost, Circuit Judges Newman...

Delhi #OddEvenFormula; ₹ 2000/-Fine for violation [Read the Notification]

Delhi Government has issued official notification on the Odd –Even scheme for non-transport vehicles. The scheme, which shall come into force with effect on the New Year day, is as followsThe plying of non-transport four wheeled vehicles (Motor Cars etc.) having registration number ending with odd digit (1,3,5,7,9) shall be prohibited on even dates of the month and plying of the...

Govt. Servants cannot claim 'leave' as a matter of Right; Madras HC [Read Judgment]

The Madras High Court Division Bench comprising of Justices V. Ramasubramanian and N. Kirubakaran held that Government servants cannot avail different kinds of leave as a matter of right and then approach the court to convert one type of leave into another just because they face recovery proceedings.These significant observations were made while dismissing a Writ Appeal filed by M. Ayyappan...

Delhi HC admits petition of 87 year-old man thrown out of his house by his children

The Delhi High Court admitted a Writ Petition filed by an 87 year-old person thrown out of his home by his children and forced to stay on streets or Gurudwaras. The vacation bench will hear the petition on 30th of December.The petitioner Shri Jaswant Singh a resident of West Patel Nagar, New Delhi pleaded that he dedicated and sacrificed its entire life for the uplifting and welfare of his...

Gujarat HC allows a rape survivor to abort her 8 week old foetus [Read Order]

Gujarat High Court today (28.12.2015) has allowed a rape victim to abort her 8 week old foetus. Justice K.J Thaker has allowed Special application moved by father of the victim who is a minor and said that the abortion can be carried out after collecting / securing evidences necessary for the prosecution to prove its case including DNA samples etc.The father of the victim, who approached...

Gujarat HC waives off 6 months cool off period in granting Mutual Divorce [Read Judgment]

Relevant circumstances namely the fact that the parties are residing separately more than 7 years, execution of divorce deed to obtain customary divorce, reason of urgency expressed on behalf of one of the spouses namely the wife, are not considered by the trial Court, the Court said while setting aside the order.In a rare order, the Gujarat High Court has waived off 6 months...

A public Servant cannot enter into compromise with accused even if the assault is against him : Punjab and Haryana HC [Read Judgment]

After Public servant lodges an FIR regarding the assault raised upon him while he was performing his official duty, he loses the locus standi to enter into compromise with the accused, the Court said.Punjab and Haryana High Court in Amrik Singh vs. State of Punjab has held that no compromise can be entered between accused and officials of a State. Justice Rajan Gupta, dismissing a petition...