Supreme Court Weekly Round-Up

Elected Representatives Have A Vital Role In Democracy: UP VidhayakNidhi Scheme Upheld

The Supreme Court on Monday upheld the validity of VidhayakNidhi Scheme in Uttar Pradesh, which provides for annual budgetary grants to Members of the Legislative Assembly and Legislative Council for facilitating development work in their constituencies. 

Banks Can Sell Tribal Land to Non-Tribal Even If Prohibited By State Law

In an important pronouncement which would have serious impact in states having significant tribal population, the Apex Court has held that Banks can sell tribal land to non-tribal even if prohibited by state law. The Supreme Court in UCO Bank vs. Dipak Debbarma, has held that the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, which do not contain any embargo on the category of persons to whom mortgaged property can be sold by the bank for realisation of its dues that will prevail over the provisions contained in Section 187 of the Tripura Land Revenue and Land Reforms Act, 1960.

Bail Granted To Rajballav Prasad In Rape Case Cancelled

The Supreme Court, in State Of Bihar vs. Rajballav Prasad, cancelled the bail granted by the high court to the accused charged with committing rape on a minor. It observed that while considering a bail application, if it is found that there is a possibility of interdicting fair trial by the accused if released on bail, this public interest of fair trial would outweigh the personal interest of the accused while undertaking the task of balancing the liberty of the accused on the one hand and interest of the society to have a fair trial on the other hand.

HC Can’t Reassess Disability Percentage Recorded By Workmen’s Compensation Commissioner

The Supreme Court in Golla Rajanna vs. The Divisional Manager, held that the high court cannot reassess the percentage of disability recorded by a Workmen’s Compensation Commissioner as it is a pure question of fact and the scope of the appeal before the high court under Section 30 of the workmen’s compensation Act is only to substantial questions of law.

Making Contradictory Statements At Trial Isn’t An Offence By Itself

The Supreme Court in Amarsang Nathaji vs. Hardik Harshadbhai Patel, said the mere fact that a person made a contradictory statement in a judicial proceeding was not by itself always sufficient to justify prosecution under Sections 199 and 200 of the Indian Penal Code.

Mere Extra-Marital Relationship By Husband Not ‘Cruelty’ To Attract Section 498A/306 IPC

The Supreme Court in K.V. Prakash Babu vs. State of Karnataka, held that solely because the husband is involved in an extra-marital relationship and there is some suspicion in the mind of wife that cannot be regarded as mental cruelty which could attract Section 498A/306 IPC.

‘Culture Of Compromise’, Makes Witnesses Turn Hostile During Trials

Attributing ‘culture of compromise’ as one of the reasons for witnesses turning hostile during trial, the Supreme Court in Ramesh vs. State of Haryana, upheld a High Court judgment that reversed an acquittal recorded by the trial court in a murder case.

Centre Directed To Frame Model Rules For Effective Implementation Of Consumer Protection Act

The Supreme Court on Monday directed the Central Government to frame model rules relating to administration, selection and appointments of members, infrastructure etc., at all levels of consumer fora constituted under the Consumer Protection Act, 1986.

Electronic Record Inadmissible If Section 65B Certificate Isn’t Produced

The Supreme Court in Harpal Singh @ Chhota Vs. State Of Punjab, reiterated that any electronic record in the form of secondary evidence cannot be admitted in evidence unless a certificate under Section 65B (4) of the Evidence Act is produced.

Demonetisation:

SC Refuses To Stay Proceedings In HCs But Issues Notice To All PIL Petitioners On Transfer Plea

The Supreme Court on Wednesday refused to stay the proceedings in PILs challenging demonetisation filed in various High Courts but issued notice to all petitioners. 

SC Decides To Examine Constitutional Validity And Not Just Confine To People’s Problems

The Supreme Court on Friday deferred the hearing in petitions against demonetisation to December 2 after senior lawyer Kapil Sibal appearing for petitioners insisted that he wanted to challenge the constitutional validity of the measure and not just confine to problems faced by the people.

Air Pollution: Ban of Sale, Stocking Of Crackers & Issuance Of New Licenses In Delhi, NCR

In a significant order which is a direct fall out of the worsening of pollution level in Delhi and National Capital Region (NCR) for nearly two weeks after Diwali when the region was enveloped by thick smog, the Supreme Court on Friday forthwith banned sale, stocking of all kinds of fire crackers and issuance of new license in Delhi and NCR region.

Kejriwal’s Plea To Stay Criminal Defamation Case Filed By Jaitley Dismissed

In a setback to Delhi Chief Minister Arvind Kejriwal, the Supreme Court on Tuesday dismissed his plea seeking a stay on the criminal defamation case filed against him by Union Finance Minister Arun Jaitley. 

Can HC Direct Speaker To Decide A Disqualification Petition Within Given Time: Matter Referred To Constitution Bench

In S.A. Sampath Kumar Vs. Kale Yadaiah And Ors., the Apex Court referred to the Constitution bench, the issue whether a Speaker of a legislative assembly, acting under powers granted to him under the Tenth Schedule of Constitution of India (as a quasi-judicial authority) can be ordered by a high court, exercising its writ jurisdiction under Article 226 of the Constitution of India, to decide a particular disqualification petition pending before him within a certain time.

Due Date Notified For Applications For Crèche Facility; Revised Guidelines Issued

The Supreme Court issued a circular intimating the employees desirous of availing its child day care facility to send in their application in the given format latest by 3rd December 2016. The circular enlists the fee structure and the revised norms for its day care centre instituted about a year back for its employees.

Buildings Not Disabled-Friendly

The Centre was on Thursday pulled up by the Supreme Court for not doing enough to make government buildings disabled-friendly in the national and state capitals and said the ministry concerned did hardly anything in the past couple of years despite launching the ‘Accesible India’ campaign with great fanfare.

E-Voting Rights For 25 Mn NRIs: Status Sought From Centre

The Supreme Court asked the Centre about the status of the proposal to allow 25 million Non-Resident Indians (NRIs) across the world to participate in Indian elections through e-vote. A bench headed by Chief Justice T S Thakur enquired about the latest stand of the union government after senior advocate Kapil Sibal appearing for a petitioner said one and a half years ago the Centre had accepted the Election Commission’s (EC) proposal in this regard, claimed it formulated a draft bill and told the court that steps are being taken to get the Representation of People Act 1951 amended. 

Government Questioned On ‘Why It Is Dragging Its Feet’ On Lokpal

The Supreme Court bench comprising the Chief Justice, T.S.Thakur, and justices D.Y.Chandrachud, and L.Nageswara Rao, on Wednesday grilled the Attorney General, MukulRohatgi, on why the Court could not interpret the Lokpal and Lokayuktas Act, 2013, in a manner to make it functional, till Parliament could amend the Act.

Pay No-Fault Liability Immediately

The Supreme Court has sought assistance from Central and State Governments in setting up a mechanism whereby no-fault liability is to be paid immediately to the legal heirs of the deceased and the source from which the payment is to be made and how it is to be collected.

This article has been made possible because of financial support from Independent and Public-Spirited Media Foundation.