Supreme Court Weekly Round-Up

Judgment

Man convicted for raping young girl

Supreme Court, on Monday, has sentenced a man accused of raping and burning alive a young girl for life imprisonment. Apex Court bench of Justices Kurian Joseph and Arun Mishra reversed the Gauhati High Court order acquitting the accused from rape charges and restored the conviction and sentence recorded by trial court.

20 year old suit dismissed

The Supreme Court on Tuesday, in L. Gowramma (D) vs. Sunanda (D), has dismissed a Suit filed against a widow twenty years ago, by her daughter, by reversing concurrent judgments of the High Court and Trial court which had decreed the suit in favour of the daughter. Apex Court bench of Justices Kurian Joseph and R.F. Nariman held that succession to a Hindu male dying intestate (in this case) will be governed by Section 4(1)(ii) of the Hindu Law Women’s Rights Act, 1933, and not under Section 10(1)(g).

Medical college asked to pay 5 crores as costs

Coming down heavily on a medical college for not complying with its orders in Medical Council of India vs. JSS Medical College, the Supreme Court, on Tuesday, ordered it to deposit five crores Rupees as costs. Apex Court bench comprising of Justices Madan B. Lokur and R.K. Agrawal specifically directed the College not to recover this cost to be deposited, from any student in any manner or to adjust it against the fees or provision of facilities for students of subsequent batches.

Proposal forms binds insured

 The Supreme Court on Wednesday,s set aside a National Consumer Disputes Redressal Forum order against an Insurance company and held that notes appended to proposal forms which limits insurance coverage to the goods insured, binds the insured. Apex Court bench comprising of Justices J. Chelameswar and Abhay Manohar Sapre made this observation in United India Insurance Co. Ltd. Vs. M/s Orient Treasures Pvt. Ltd.

Other news

A Supreme Court bench comprising Justices Dipak Misra, Pinaki Chandra Ghose and NV Ramana on Monday, briefly heard the writ petition (civil) 373 of 2006 filed by Indian Young Lawyers Association, seeking lifting of the ban on entry of menstruating women to the famous Sabarimala temple.  The hearing, which lasted for about half an hour, saw interesting exchanges between Justice Misra and KK Venugopal, counsel for the Travancore Devaswom Board, which administers the temple.

The Apex court on Tuesday issued an interim stay on Centre’s notification which had paved way for engaging in the banned bull-taming sport, Jallikattu during Pongal celebrations in Tamil Nadu later this week. The Court also issued notices to the Centre, and States of Maharashtra and Tamil Nadu, demanding a reply in four weeks. The Bench prima facie agreed that Jallikattu is “inherently cruel”.

On Wednesday, the court rejected the plea filed by some residents of Tamil Nadu for vacating the order issued on Tuesday, staying the Centre’s notification lifting ban on the controversial bull-taming sport Jallikattu in Tamil Nadu.

The illustrious NGO, the ‘Centre for Public Interest Litigation’ which enjoys enormous the credibility in Indian Courts, had to face some unconventional questions from Chief Justice of India regarding the source of information and scrutiny of it before filing the PILs. The CJI, heading a bench, which also comprised Justices A K Sikri and R Banumathi, observed that there should be a credible mechanism to scrutinise the information before filing PILs.

A Five Judge Constitution Bench of the Supreme Court on Monday refused to revisit the scope of Article 136 of the Constitution of India or lay down guidelines regulating the power. The bench, comprising Justice Anil Dave, Justice Kurian Joseph, Justice A.K. Goel, Justice Rohinton Nariman and Justice S.K. Singh observed that the issue had already been settled in various decisions of the Apex Court and that “no effort should be made to restrict the power of the Supreme Court under Article 136”.

On Wednesday the Court asked the centre to appraise it of the status of international arbitration proceedings in the Italian Marines case. The court meanwhile extended the stay of MassimilianoLatorre, who along with his colleague Salvatore Girone is accused of killing two fishermen off Kerala coast in 2012, in Italy till April 30.

A Supreme Court Bench comprising Justice Dipak Misra and Justice N.V. Ramanna asked Central Food Technological Research Institute, Mysore to clarify whether levels of lead and glutamic acid in Nestle Maggi were within permissible limits and to clarify whether these are within parameters prescribed under the Food Safety Act.

The Supreme Court by its order urged the Governor of Arunachal Pradesh not to convene the Assembly Session of the State till 18th of January. The Special Leave Petitions filed by NabamRebia claimed to be arising out of extremely important constitutional issues will be heard by the Division Bench comprising of Justices Jagdish Singh Khehar and C. Nagappan in the meantime.

On Thursday, the division bench referred to Constitution Bench, a batch of petitions filed by Arunachal Pradesh State Assembly Speaker, NabamRebia, on the ongoing political crisis in AP. The Bench, comprising Justice J.S. Khehar and Justice C. Nagappan were of the view that issues concerning powers of Governor and Speaker must be decided by a Constitution Bench.

The Supreme court bench headed by Justice Dipak Misra which is hearing the mater refused to grant permission to withdraw the case as president of the Indian Young Lawyers Association, whose women members filed a PIL in Supreme Court seeking entry of females into Kerala’s famous Sabarimala temple on Friday approached the apex court seeking to withdraw the petition citing threats to him. The bench said even if he withdrew it will appoint amicus curiae and continue hearing the matter