Supreme Court Weekly Round-Up

Ashok K.M

11 Sep 2017 5:52 AM GMT

  • Supreme Court Weekly Round-Up

    Award Of Lok Adalat Can Be Challenged Only By Filing Writ Petition And Not By Way Of Separate Suit Upholding the order of rejection of plaint, the Supreme Court held that the award of Lok Adalat can be challenged only by filing writ petition under Article 226/227 of the Constitution of India, and that civil suit seeking such remedy was not maintianable. The suit in question was filed seeking...

    Award Of Lok Adalat Can Be Challenged Only By Filing Writ Petition And Not By Way Of Separate Suit

    Upholding the order of rejection of plaint, the Supreme Court held that the award of Lok Adalat can be challenged only by filing writ petition under Article 226/227 of the Constitution of India, and that civil suit seeking such remedy was not maintianable. The suit in question was filed seeking to set aside a settlement award of lok adalat passed in an earlier suit filed for specific performance of agreement of sale. The plaintiffs alleged that the award was obtained through fraud and misrepresentation.

    Can’t Expect Children Of Age Group Of 10 To 14 Years To Walk Three Kilometers To Attend School

    The Supreme Court permitted the up-gradation of a school from lower primary to upper primary by observing that children of age group of 10 to 14 years cannot be expected to walk more than 3 kilometres to attend school.

    Sales Component In The Works Contract Of Laying Pipes Is Divisible And Can Be Subjected To Sales Tax-

    The Supreme Court, dismissing an appeal filed before it held that since there was a divisible element of sales in the agreement, there can be levy of sales tax to that extent

    SC Reaffirms That Welfare Of Child Is Paramount Consideration For Custody Of Children

    The Supreme Court invoked the well settled principle that claims of custody of children should be determined only with the prime consideration of their welfare, in order to settle a long-drawn custody battle.

    SC Permits 13-Yr-Old Rape Victim To Abort 32-Week-Old Foetus

    Asking “how can such a small girl become a mother”, The Supreme Court on Wednesday permitted a 13-year-old rape survivor from Mumbai to terminate her 32 week pregnancy.She is a class seven student.

    Killings, Violence In The Name Of Cow Vigilantism Must Stop

    Mincing no words, a bench headed by Chief Justice Dipak Misra on Wednesday said all killings and violence in the name of cow vigilantism must end and people shall not be allowed to take law into their hands.

    Accused’s Petition Seeking Narco Analysis Test Dismissed

    The Supreme Court bench of the Chief Justice Dipak Misra, and Justices A.M.Khanwilkar and D.Y.Chandrachud dismissed the application of an accused, facing prosecution for sexual assault of a child under Sections 377 and 511 of Indian Penal Code and Section 6 of Protection of Children from Sexual Offences Act, which was filed under Section 173 (8) of Cr.P.C. 1973 praying that investigating agency be directed to conduct Polygraph/Narco Analysis/Brain Mapping test on him.

    National Disaster Management Authority Should Give Special Attention To Children In The Event Of A Disaster

    The Supreme Court, on Tuesday, opined that the National Disaster Management Authority should “give special attention to the children in the event of a disaster since they are the most vulnerable victims of a disaster that may strike at any time.”

     4 Weeks’ Time To RBI, Centre On Siblings’ Plea For Exchanging Old Notes Found In Dead Parents’ Locker

    The Supreme court on Monday gave the RBI and Finance Ministry four weeks’ time to file response on a plea seeking extension of window for exchanging demonetized notes of Rs 500 and 1000.

    Formulate Plan For Speedy Disposal And Use Of ADR By Consumer Fora: SC To NCDRC

    The Supreme Court, last week, issued directions to ensure speedy resolution of disputes and utilization of alternate dispute resolution mechanisms by the consumer fora.

    SC Stays Insolvency Proceedings Against Jaypee Infratech

    In a relief to 32,000 home buyers, the Supreme Court on Monday stayed the insolvency proceedings against real estate firm Jaypee Infratech going on at the Allahabad National Company Law Tribunal (NCLT) at the instance of financier IDBI.

    SC Tells Bombay HC To Decide Pleas On RERA Expeditiously, Other HCs Asked To Wait For The Decision

    The Supreme Court on Monday directed the Bombay High Court to expeditiously decide all pleas and petitions challenging the validity of the new Real Estate (Regulation and Development) Act.

    SC Seeks Centre’s Response On Plea Against Deportation Of Rohingyas To Myanmar

    Seeking the Centre’s response on the issue, the Supreme Court on Monday said it would on September 11give urgent hearing to the petition challenging the proposed decision to deport 40,000 Rohingya Muslims, who have taken refuge in India to escape persecution in Myanmar.

    SC Stays Bombay HC Order Granting Interim Stay On Centre’s Notification On Noise Pollution Rules

    After a full bench of the Bombay High Court ordered interim stay on the Centre’s new amendment to Noise Pollution (Regulation and Control) Rules, a three-judge bench of the Supreme Court headed by Chief Justice of India Dipak Misra stayed the operation of the full bench order dated September 1 as an interim measure.

    SC Orders CBI Probe Into The Mysterious Death Of Karnataka Cop M.K. Ganapathy

    The Supreme Court, on Tuesday, ordered the Central Bureau of Investigation (CBI) to look into the death of Mr. M.K. Ganapathy, a Deputy Superintendent of Karnataka Police, and complete its investigation, as far as possible, within three months.

    J&K HC Order Giving Lifelong Security To Ex-Judges Stayed

    The Jammu and Kashmir High Court’s order directing the state government to provide lifetime security cover to retired judges and advocate generals has been stayed by the Supreme Court.

    SC Goads Government To Disclose Information About Inquiries Against MPs Who Amassed Disproportionate Wealth

    The Supreme Court bench of Justices J.Chelameswar and S.Abdul Nazeer on Wednesday directed the Central Government to file a fresh affidavit with information about the results of inquiry by Central Board of Direct Taxes against Members of Parliament who amassed disproportionate wealth.  The direction was issued when the bench expressed its dissatisfaction with the vague affidavit filed by the Centre’s counsel, in the ongoing hearing of the petition filed by the NGO, Lok Prahari, seeking accountability of legislators, and electoral reform.

    SC Refuses Urgent Hearing On Death Of NEET Student In TN

    The Supreme Court on Wednesday refused to give an urgent hearing into the matter pertaining to the death of a NEET student in Tamil Nadu.

    SC Grants 6-Week Time To Centre To Settle SYL Canal Dispute

    The Supreme Court on Thursday granted six weeks’ time after the Centre sought more time to resolve the water dispute between Haryana and Punjab on Sutlej-Yamuna Link (SYL) Canal.

    Wasankar Wealth Scam: SC Sets Aside Bombay HC Order De-Freezing Avinash Bhute’s Accounts

    The Supreme Court, on Thursday, set aside the Bombay High Court judgment wherein the Economic Offences Wing (EoW) was directed to de-freeze the accounts of businessman Avinash Bhute of Tajshree Group in connection with the infamous Wasankar Wealth Scam that rocked the city and affected numerous investors across State.

    SC Stays Uttarakhand HC Order Restraining Criticism Against Election Commission

    The Apex Court, on Friday, stayed the Uttarakhand High Court order restraining all political parties, NGOs and individuals from criticizing the use of EVMs in the recently conducted elections of the State Assemblies.

    Look Into MoEF Report; Suggest Ways To Monitor And Improve Forest Cover: SC To Amicus Curiae Harish Salve

    The Supreme Court, on Tuesday, directed Amicus Curiae Harish Salve to look into the status report filed by the Ministry of Environment, Forests and Climate Change. The Bench comprising Justice M.B. Lokur and Justice Deepak Gupta also directed Mr. Salve to inform the Court about the status of funds that have been collected under various heads as a result of the proceedings.

    SC Accepts Proposal For Mining At Dibru-Saikhowa National Park, Subject To Conditions

    The Supreme Court accepted the proposal of the Oil ndia Liited (OIL) to extract hydrocarbon beneath 3900-4000 meters of Dibru Saikhowa National Park, Assam, subject to certain conditions, mentioned in the minutes of the 44th meeting of the Standing Committee of National Board for Wildlife held on July 29.

    NEET Row: Time For Medical Admissions Counseling In Madhya Pradesh Extended By 3 Days

    The Supreme Court, on Thursday, extended the time for counseling for admissions to Medical and Dental Colleges in Madhya Pradesh by three days. The order was passed by a Bench comprising Justice S.A. Bobde and Justice L. Nageswara Rao, on a fresh application filed by the Madhya Pradesh Directorate of Medical Education, seeking an extension for complying with the directions issued in connection with NEET counseling by the Jabalpur Bench of the High Court.

    Make It Mandatory For Candidates To File Documents Supporting Affidavit On Criminal Offences Before Elections: Petition In SC; Notice Issued

    The Supreme Court, on Friday, issued notice to the Centre and the Election Commission of India (ECI) on a Petition seeking greater transparency in election process by making it mandatory for candidates to furnish documents along with an affidavit on information relating to criminal offences.

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