Supreme Court Weekly Round-Up

SC Declares Triple Talaq Unconstitutional By 3:2 Majority

Supreme Court of India on Tuesday declared the practice of Triple Talaq as unconstitutional by 3:2 majority. Justices Kurian Joseph, UU Lalit and RF Nariman delivered the majority Judgment. Chief Justice Khehar and Justice Abdul Nazeer dissented.

Right To Privacy Is A Fundamental Right: SC Constitution Bench

Supreme Court of India held that right to privacy is a Fundamental Right and it is protected under Article 21 of the Constitution of India. In a unanimous decision the Nine -Judge Constitution bench overruled the Judgments in MP Sharma and Kharak Singh cases.

Amendment Changing Forum Of Trial Can Take Retrospective Effect To Affect Pending Proceedings

In a case relating to Securities and Exchange Board of India Act 1992(SEBI Act), the Supreme Court held that amendment causing change of forum of trial is procedural in nature and not substantive, and takes retrospective effect, affecting even the pending proceedings. The issue revolved around the 2002 amendment brought to Sec.26 of the SEBI Act, which dealt with the forum for trial of SEBI offences. Before the amendment, it was stated that no court inferior to that of a Metropolitan Magistrate or Judicial Magistrate of First Class should try the offences under the Act. After the amendment of 2002, it was stated that the offences should be tried by a Court of Sessions.

SC Grants Bail To Lt Col Shrikant Purohit In 2008 Malegaon Blast Case

Supreme Court of India has granted bail to Lt Col Shrikant Purohit In 2008 Malegaon blast case. The bench had reserved the order on bail plea on Thursday after hearing elaborate arguments in the case related to 2008 Malegaon blasts.

 There Should Be Parity Of Pay In Posts Having Same Nature Of Duties And Same Basic Qualifications

The Supreme Court held that there should be parity of pay in posts having same nature of duties and same basic qualifications and job requirements. The Apex Court was dealing with challenge made by State of Punjab against the declaration made by the High Court that Vocational Masters recruited prior to 08.07.1995 were entitled to the same pay scale as Vocational Lecturers.

 High Way Liquor Ban Not Applicable To Bars And Outlets Within Municipal Areas

Supreme Court of India clarified that the high way liquor ban imposed by it is not applicable to licenced bars and beverages outlets within municipal area. The Supreme Court bench of Chief Justice JS Khehar and Justices DY Chandrachud and Nageswara Rao made the clarification while dismissing an appeal against the Judgement of Punjab and Haryana High Court which dismissed the challenge against a notification dated 16 March 2017 of Chandigarh administration on the ground that it circumvents the Supreme Court Judgment in K.Balu Vs State of Tamil Nadu.

Expedite Trial In Gulberg Society, Naroda Gaon Cases: SC To Trial Court And Juvenile Court

The Supreme Court, on Tuesday, directed the Trial Court as well as the Juvenile Court to expedite disposal of the cases in the Naroda Gaon case and the Gulberg society case respectively. Both these cases pertain to the 2002 Gujarat riots.

 Prasar Bharati Cannot Re-Transmit Live Sporting Events To Pvt Cable Operators

The Supreme Court on Tuesday held that Prasar Bharati cannot engage in free transmission of the signals of live sporting or cricketing events, received from content right holders/ owners, to cable operators.

SC Adopts Madhya Pradesh High Court’s Criteria To Fill Up NRI Quota In Deemed Universities

The Supreme Court bench of Justices Dipak Misra, Kurian Joseph and Amitava Roy, on Tuesday, August 22, adopted the principles set out by the Madhya Pradesh High Court’s Division Bench in Anshul Tomar v State of Madhya Pradesh and Others (2008), for admissions under NRI quota in medical colleges.

 Lawyers Verification- 15 Days’ Time Granted For Lawyers To Submit/Cure Defective Applications, One Month’s Time For Bar Councils For Verification

Supreme Court of India allowed 15 (fifteen) days’ time for lawyers to cure the defective applications Advocates and to all such advocates to submit their complete application forms for necessary verification of their degrees if they have not submitted the same earlier, from the date of publication of advertisement in two leading newspapers, one in English language and the other in regional language having wide circulation in the respective State/Union Territories, for which advertisement shall be published within 7 days from Wednesday.

Bihar and Jharkhand Settle Their 13-Year Old Non-Dispute Over Delhi’s Bihar Niwas, Thanks To SC’s Prodding

On Tuesday, August 22, the Supreme Court bench of Justices Madan B.Lokur and Deepak Gupta, gave its stamp of approval to the agreement reached between Bihar and Jharkhand over apportioning one of the Bihar Government’s guest houses, Bihar Niwas, and Bihar Bhawan in the Capital, following the creation of separate state of Jharkhand in 2000.

‘Ghar Wapsi” Issue In SC: Notice to Centre On Plea Against Rule Denying Reservation Benefits To Dalit Christians

The Supreme Court issued notice to the ministry of social justice and empowerment on a petition filed by   All India Catholic Union and leading Christian political activist John Dayal challenging the validity of para 3 of Constitution ( SC) order 1950 by which dalit Christians are denied reservation benefits.

SC Dismisses Plea Against Appointment Of Dipak Misra As CJI, Imposes Rs. 10 Lakh

The Supreme Court slapped fine of Rs. 10 lakh on controversial baba Swami Omji, who was one of the contestants in Bigg Boss 10, for filing a public interest petition for publicity.

SC Dismisses Plea Against Justice Misra For Non-Prosecution

The Supreme Court on Friday dismissed a petition mentioned before it for urgent hearing seeking a declaration that Justice Dipak Misra be disqualified from being appointed as the next Chief Justice of India.

Pathribal Encounter: SC Notice To Centre, CBI Against Acquittal Of Accuced On Plea By Victim’s Kin

The Supreme Court agreed to examine a plea filed by the family members of five civilians killed in an alleged fake encounter in Pathribal area of south Kashmir in 2000, against acquittal of Army personnel in the Case. A Bench comprising Justice Dipak Misra, Justice A.M. Khanwilkar and Justice M.M. Shantanagoudar issued notice in the matter, and directed it to be listed for final disposal after six weeks.

 SC Disposes Of Concerns Over Kalsa-Bhandura Project On Mere Assurance From Karnataka That There Is No Construction

The Supreme Court put the Kalsa-Bhandura Project which threatened to disrupt peace between two neighbouring States of Karnataka and Goa, on the back-burner on Thursday, August 17, with Karnataka assuring that there has been and will be no construction activity.