Supreme Court Monthly Digest- June 2019

Cannot Burden Insurer To Follow Up An Inadequate Disclosure Of Material Facts By The Insured

Oriental Insurance Company Ltd. vs. Mahendra Construction

The Supreme Court observed that it is duty of the insured while making the proposal to make a clear and specific disclosure of material facts and that the insurer cannot be burdened to follow up an inadequate disclosure. As per the relevant policy in this case, the details of claims lodged during the preceding three years were required to be disclosed but were not furnished by the insured. The Insurance Company repudiated the claim.

Extension Of Time For PG Medical Courses Counseling Cannot Be Granted Merely Because Seats Are Lying Vacant

Education Promotion Society for India Anr. V. Union of India & Ors.

The Supreme Court observed that merely because the seats are lying vacant, it is not a ground to grant extension of time for PG Medical Courses Counseling and grant further opportunity to fill up vacant seat. The bench comprising Justice Deepak Gupta and Justice Surya Kant said that extension cannot be granted just because some seats are lying vacant without there being any other justification. It also noted that the society want a general extension of time not on account of any particular difficulty faced by any individual college or university but generally on the ground that a large number of seats for the P.G. courses are lying vacant

SC Deprecates Tendency Of Educational Institutions Admitting Students Beyond The Numbers Permitted

Foundation for Organizational Research and Education for School of Management V. All India Council for Technical Education

The Supreme Court deprecated the tendency of the educational institutions admitting students beyond the numbers permitted and thereby putting the future of the students at stake.The court was considering a plea by Foundation for Organizational Research and Education Fore School Management challenging the action of All India Council for Technical Education in rejecting their request for extension of approval of existing seats and for increase in seats in certain courses.

Concession By Lawyer On Mixed Questions Of Law And Fact Cannot Bind Party

Observed that concessions made by a lawyer on mixed questions of fact and law cannot bind the party. The bench of Justices R F Nariman and Vineet Saran was deciding an appeal filed by Bharat Heavy Electronics Ltd against the judgment of High Court refusing to quash a Labour Court's award, which had directed reinstatement of certain retrenched employees.

Foreigner Should Get NOC From Diplomatic Mission Of His/Her Country To Adopt An Indian Child

The Supreme Court observed that the requirement of "No Objection Certificate" from the diplomatic mission of the country where the foreigner or the person requesting adoption resides, under Section 59(12) of the Juvenile Justice (Care and Protection of Children) Act, 2016, cannot be waived.

State Probation Rules Cannot Be In Total Contradiction To Section 433A CrPC

The Supreme Court observed that there cannot be State Probation Rules in total contradiction to the Section 433A of the Code of Criminal Procedure. Section 433, the Court noted, states that where a sentence of imprisonment for life is imposed for an offence which is punishable by death sentence, such person shall not be released from prison unless he has served 14 years of imprisonment.

Other important orders and proceedings

• Dismissed the plea by former IPS officer Sanjiv Bhatt to examine additional witnesses in a case where he is facing trial for alleged custodial torture which took place in 1990.
• Holding that bail cannot be made conditional upon heavy deposit beyond the financial capacity of the applicant, the Supreme Court modified an order passed by the Madras High Court.
• Did not deem necessary to alter its June 4 order by which students were restrained from changing their original options in the fresh round of counselling for the PG Medical seats in Maharashtra. However, the vacation bench headed by Justice Indira Bannerjee allowed for the seats lying unfilled by reason of the EWS quota being scrapped to be allotted in accordance with merit.
• Refused to interfere with the eviction of some slum dwellers for widening of a road in Mumbai. The vacation bench comprising Justice Indira Banerjee and Justice Ajay Rastogi observed that it could not interfere with the project of public importance of widening of a road in a highly congested city like Mumbai.
• In a major relief to Prashant Kanojia, the journalist arrested by UP Police for online comments against Chief Minister Yogi Adityanath, the Supreme Court ordered his immediate release on bail. The vacation bench of Justices Indira Banerjee and Ajay Rastogi passed the order in a habeas corpus petition filed by Jagisha Arora, wife of Kanojia, seeking his release. The bench observed that the arrest and remand was illegal, resulting in deprivation of personal liberty.
• Applying tests laid down by precedents for determining whether a contract labourer is a direct employee, the Supreme Court set aside the award of a Labour Court which had directed reinstatement of retrenched workers. The bench of Justices R F Nariman and Vineet Saran was dealing with an appeal filed by Bharat Heavy Electronics Ltd, which contended that the workers were not its direct employees but were contract labourers, and hence were not "employees" within the meaning of the UP Industrial Disputes Act.
• Refusing to entertain a petition filed challenging the NEET(UG)- 2019 answer key, the vacation bench said that it was appropriate that the petitioners approach the High Court for relief. The bench of Justice Ajay Rastogi and Surya Kant permitted the petitioners to withdraw the petition with liberty to avail alternate remedies.
• The families residing in nearly 400 flats in five apartments in Maradu, Kochi, can heave a sigh of relief for now, as the vacation bench stayed the demolition order passed by the Court on May 8 for six weeks. The bench of Justices Indira Banerjee and Ajay Rastogi passed the order while considering a writ petition filed by a group of residents stating that they were not heard by the Court before ordering the demolition of the apartments within a month on findings of violation of Coastal Regulation Zone notification.
• Stayed the construction of road in the ecologically sensitive area within Rajaji Tiger Reserve and traversing a critical corridor connecting the Corbett Tiger Reserve while also issuing notice to the Uttarakhand government and its agencies after the Central Empowered Committee (CEC) tabled its report before the apex court calling for an immediate halt on the construction work.
• Issued notice to the Election Commission on the Gujarat Congress's challenge to its decision to hold separate by-polls to two Rajya Sabha seats in the state which fell vacant due to the election of BJP chief Amit Shah and Smriti Irani to the Lok Sabha.
• Declined to stay the impending disqualification proceedings against rebel AAP MLA DevinderSehrawat sought to be initiated under the anti-defection law by the Delhi Assembly for allegedly joining the BJP before the Lok Sabha polls.
• Refused to entertain the plea seeking CBI enquiry in the murder case of Darvesh Yadav, the newly elected President of UP Bar Council who was shot dead in Agra Civil Court. The bench comprising of Justice Sanjiv Khanna and Justice BR Gavai, however, gave liberty to InduKaul, the petitioner, to approach the jurisdictional High Court i.e. Allahabad High Court.
• Stayed the June 10 Delhi High Court Order giving permission to travel abroad for medical treatment to Rajeev Saxena, initially implicated and then made approver in connection with the Agusta Westland chopper scam.
• Demanded a response from the Bihar government as well as the Centre in the wake of the alarming rate at which children are succumbing to Encephalitis in state. The vacation bench headed by Justice Sanjiv Khanna granted 7 days to the state and the Union of India to inform the court of the steps being taken to bring the situation under control.