Best Of 2016: Read 25 Significant Judgments Of Supreme Court of India in 2016

In 2016, the Supreme Court has pronounced over thousand judgments, and it is pleasure to announce the Live Law has reported most of it. While all of them are significant, as it comes from the Apex court of the country whose rulings have a force of law, some are more significant in view of the subject it dealt with and also the law it laid down. Following is a list of such 25 significant judgments of the year 2016. The list features judgments like the one which upheld constitutionality of the criminal defamation law, that which made it mandatory to make FIRs available online, and also touching Cauvery dispute and the NEET entrance test. Upload FIRs in Police Websites [Youth Bar Association of India vs.Union of India] The Supreme Court directed that the copies of the FIRs, unless the offence is sensitive in nature, like sexual offences, offences pertaining to insurgency, terrorism and of that category, offences under POCSO Act and such other offences, should be uploaded on the police website, and if there is no such website, on the official website of the State Government, within twenty-four hours of the registration of the First Information Report so that the accused or any person connected with the same can download the FIR and file appropriate application before the Court as per law for redressal of his grievances. The Bench clarified that in case there is connectivity problems due to geographical location or there is some other unavoidable difficulty, the time can be extended up to forty-eight hours. The said 48 hours can be extended maximum up to 72 hours and it is only relatable to connectivity problems due to geographical location. Criminal Defamation law not unconstitutional [Subramanian Swamy vs. Union of India]. The Supreme Court upheld the Constitutional Validity of Sections 499 to 502[[Chapter XXI]] of Indian Penal Code relating to Criminal Defamation. The Bench comprising of Justices Dipak Misra and PC.Pant held that the right to Life under Article 21 includes right to reputation. The Bench has dismissed the Petitions filed by Subramanian Swamy, Rahul Gandhi and Arvind Kejriwal challenging the law relating to Criminal Defamation in India. Multiple Life Sentences will run concurrently, Remission of one will not affect the other [Muthuramalingam vs. state]Constitution Bench of the Supreme Court of India held that while multiple sentences for imprisonment for life can be awarded for multiple murders or other offences punishable with imprisonment for life, the life sentences so awarded cannot be directed to run consecutively. The Bench further clarified that such sentences would, however, be super imposed over each other so that any remission or commutation granted by the competent authority in one does not ipso facto result in remission of the sentence awarded to the prisoner for the other.The Bench also corrected the wrong interpretation given to Section 31(2) of Code of Criminal Procedure Code, by holding that the cap of 14 years Rule on aggregate punishment is not applicable to Sessions Court. Entry Tax on Goods constitutional [Jindal Stainless Ltd. vs. State of Haryana] Nine Judge Constitution Bench upheld the constitutional validity of Entry Tax imposed by States on goods coming in from other states. The Bench also directed the three Judge Bench to decide whether the States’ entry tax laws on the basis of Guidelines issued by this Bench. SC can transfer cases from Jammu & Kashmir Courts to courts outside it and vice versa [Anita Kushwaha vs. Pushpa Sudan]The Constitution Bench of the Supreme Court held that Supreme Court can, by invoking Article 32, 136 and 142 of the Constitution is empowered to transfer a case from a Court in the State of Jammu and Kashmir to a Court outside the State or vice versa. The five Judges Bench comprising of Chief Justice of India Dr. T.S. Thakur, Justices Fakkir Mohamed Ibrahim Kalifulla, A.K. Sikri, S.A. Bobde, and R. Banumathi further made an important observation that Access to Justice is guaranteed to citizens by Article 14 and Article 21 of the Constitution of India. DV Act; Relief Possible Against Minors, Women [ Hiral P Harsora and ors Vs. Kusum Narottamdas Harsora]Supreme Court struck down the words “adult male” before the word “person” in Section 2(q) of Domestic Violence Act holding that these words discriminate between persons similarly situated, and is contrary to the object sought to be achieved by the Domestic Violence Act. Forcing Husband To Get Separated From His Parents, Amounts To ’Cruelty’ [Narendra vs. K.Meena] The Supreme Court of India held that persistent effort of the wife to constrain her husband to be separated from the family constitutes an act of ‘cruelty’ to grant divorce. Directions to Curb Female Foeticide [Voluntary Health Association Vs State of Punjab] Supreme Court issued additional directions to curb female foeticide by effective implementation of the ‘The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex...

Best Of 2016: Read 25 Significant Judgments Of Supreme Court of India in 2016

Ashok KM

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