Author: Priyanka.Agarwal

The Supreme Court was hearing an SLP filed by a lawyer, wherein he contended that the order of stay by Kerala High Court over NGT’s Order is, in the teeth of the affirmation order passed by the Supreme Court. Background Issue is regarding an order passed by the National Green Tribunal, against which an appeal was raised and the Apex Court dismissed the appeal and review petition thus, confirming the order passed by the Tribunal. However, the Kerala High Court ordered a stay on the order of the NGT, thus clashing directly with the Supreme Court’s order. Submission by the…

The Bench of Jammu & Kashmir High Court, presided by Justice Sanjay Dhar, while hearing a Writ Petition filed by the petitioners against a complaint pending in Trial Court, held that for the satisfaction of offence u/S.504 RPC, the nature of the act should be such that it shows intent to disturb public peace. Allegations by the complainant (Respondent in this case) The complainant had filed a complaint against the petitioners in the Trial Court alleging that the petitioners had prepared a false adoption document based on a deed that had already been declared null and void. When the complainant…

The Supreme Court while calling the order of conviction passed by the Trial Court which was later upheld by the High Court, a ‘Travesty of Justice’, acquitted a man who was accused of murdering his wife 35 years ago. Facts: The appeal was filed by the accused against an order of conviction by the Trial Court and which was later on upheld by the High Court under which he was found guilty for murdering his wife under Section 302 and for causing disappearance of evidence under Section 201 of the Indian Penal Code, 1860. In 1988 the deceased body was…

Delhi High Court on Friday suspended the sentence of the accused under the POCSO ACT based on the fact that the girl misrepresented her age while eloping voluntarily with the accused. Background The prosecutrix was 17 years 4 months when she eloped with the appellant and later they had a child, who is at present in custody and care of the prosecutrix. The appellant was convicted for offences under Section 376(2)(n) of the Indian Penal Code 1860 and Section 6 of the POCSO Act for which he was sentenced to 12 years rigorous imprisonment and a fine of Rs. 10,000/-.…

By: Priyanka Agarwal Table of Contents Introduction Justice N. Satish Kumar of the Madras High Court while hearing a Writ Petition under Article 226 of the Constitution of India, held that No Forest Rights can be claimed solely on the basis that their ancestors lived in the forest; sole dependency on Forest for Bonafide Needs also has to be established. In an earlier order of the Respondent Authority, some part of the Forest Area was declared to be a Reserved Forest and the Petitioners were ordered to evict the area. The petitioners were evicted and against that order, they filed…

By: Priyanka Agarwal Gauhati High Court reiterated that Insurance Company shall not be liable to pay compensation for death of gratuitous passengers travelling in goods vehicles. Table of contents Background A Single Judge Bench presided by Justice Parthiv Jyoti Saikia, was hearing an appeal filed under Section 173 of the Motor Vehicles Act, 1988 against an order of the Motor Accident Claims Tribunal in Case No.341/2006. The deceased was travelling in a pick up truck when the vehicle met with an accident wherein he suffered injuries and died. The Tribunal although made an observation that the deceased was a gratuitous…

By: Priyanka Agarwal The Supreme Court gave a split decision on the issue of review of judgements based on precedents, when precedents are later on overruled.  The Division Bench, consisting of Justice M.R. Shah and Justice B.V. Nagarathna, was hearing a group of review applications filed under Article 137 of the Constitution of India, 1950 read with Section 47 of the Civil Procedure Code, 1908 (hereinafter referred to as ‘CPC’). The Applications were filed by the Government of NCT of Delhi and Delhi Development Authority (DDA). Background While relying on the Supreme Court judgement in Pune Municipal Corporation v. Harakchand Misirimal…

By: Priyanka Agarwal The Kerala High Court on Friday, quashed the order of suspension passed by the Chancellor of the APJ Abdul Kalam Technological University, Arif Mohammad Khan. By using the powers provided by Section 10(3) of the APJ Abdul Kalam Technological University Act, 2015 (hereinafter referred to as ‘the Act’), the Chancellor had suspended the operation of two resolutions passed by the syndicate of the University and the Board of the University. The Chancellor also happens to be the Governor of the State.  One resolution was regarding establishment of the ‘Syndicate Standing Committee on University Administrative Affairs’ to give…