8 Legal Stories of the Week: From High Courts to District Courts
“For a contract to be enforceable, the restraint of trade clause must be reasonable.” [Rajesh Kumar Gandhi v. Mukesh Dutt] Read the
high court
Instead of filing an appeal before the Sessions Court petitioner rushed to this Court invoking its inherent power. Can High Court exercise its inherent power? Read J&K and Ladakh HC’s decision
Jammu and Kashmir and Ladakh High Court: Mohd. Akram Chowdhury, J., reiterated the settled position of law that if an alternate efficacious
Ori HC | Retaining an employee in service if he lacks in the standard of efficiency required to discharge the duties of the post he presently holds is not in public interest
Orissa High Court: A Division Bench of B P Routray and S. Muralidhar JJ. dismissed the petition being devoid of merits. The
[Right to Maintenance] Jhar HC | What is the effective date of grant of maintenance? Is it the date of judgment or the date of filing of maintenance application?
Jharkhand High Court: Anubha Rawat Choudhary, J., held that right to claim maintenance must date back to the date of filing the
Order de hors reasoning cannot result in grant of bail! SC holds informant has a right to assail bail orders bereft of reasons before a higher forum
Supreme Court: The 3-judge Bench comprising of L. Nageswara Rao, B.R. Gavai and B.V. Nagarathna*, JJ., held that though it is not
SCC Online Weekly Rewind Episode 41 ft. Prachi Bhardwaj
STORY OF THE WEEK Three death row convicts to walk free as SC finds them “not guilty” of murdering six family members
Not open to approach M.P. Arbitration Tribunal in reference when the very same claim is already decided by Arbitrator appointed by High Court: Supreme Court
Supreme Court: The Division Bench of M. R. Shah* and B.V. Nagarathna, JJ., held that where the Arbitrator appointed by the High
Trial Courts have freedom of mind to decide sensitive cases on merit; Appellate courts must refrain from reversing acquittal just for the sake of it: SC
Supreme Court: Reminding the Courts of the importance of hierarchy of Courts, the bench of Sanjay Kishan Kaul and MM Sundresh*, JJ
Rape, Murder of Ragpicker: Merely because crime is heinous and brutal, it won’t be just to get carried away sans any legal proof to substantiate charges [Detailed decision of Bom HC]
Bombay High Court: The Division Bench of Sadhana S. Jadhav and Prithviraj K. Chavan, JJ., while addressing an alleged rape and murder
High Court cannot dismiss second appeal in limine without assigning any reasons: SC
“Giving reasons for the conclusion is necessary as it helps the adversely affected party to understand why his submissions were not accepted.”
Decreeing a claim while exercising jurisdiction under Section 37 of Arbitration and Conciliation Act 1996 impermissible: SC
Supreme Court: In a case where the Punjab and Haryana High Court not only set aside the judgment of the District Judge
Elevation of 3 Advocates as Judges in Kerala HC: Supreme Court Collegium approves
Supreme Court Collegium has, on reconsideration, resolved to reiterate its earlier recommendation for the elevation of the following three Advocates as Judges
HC quashes proceedings based on “draft charge-sheet” yet to be placed before Magistrate! Clear abuse of S. 482 CrPC, holds SC
Supreme Court: In a case where the Gujarat High Court had quashed criminal proceedings at the behest of persons who were not
High Courts Monthly RoundUp — October 2021
Here’s a short recap of what we covered under the High Court’s section on the SCC Online Blog for the month of October.
Creation and/or sanction of the posts is the sole prerogative of Government; Courts cannot interfere: Supreme Court
Framing of any scheme is no function of the Court and is the sole prerogative of the Government.
Law on Fraud | Registration of document by public officer while discharging public duty: A Fraudulent activity? AP HC decides
Andhra Pradesh High Court: M. Satyanarayana Murthy, J., expressed that, “If a party to the document wants to annul the document, he
Transfer of 15 High Court Judges: Centre Notifies [Read the list]
Centre Notifies Transfer of 15 High Court Judges The President, after consultation with the Chief Justice of India, is pleased to transfer
High Courts Monthly Roundup — September 2021
Quick Run Through: Latest High Court Updates at one place.
“Strict rules of evidence are not applicable to a Departmental Enquiry”; Supreme Court permits to exhibit case diary as a document in a departmental proceeding
Supreme Court: The Division Bench of L. Nageswara Rao and B.R. Gavai, JJ., held that strict Rules Of Evidence do not apply
Supreme Court Collegium recommends for transfer of Chief Justices
Recommendation for transfer of following Chief Justices S. No. Name of the Judge High Court From High Court To 1. A.A. Kureshi