Supreme Court Weekly Round-Up

DJ aspirants need not resign Govt/judicial jobs

The Apex Court held that Article 233(2) of the Constitution of India only prohibits the appointment of a person as District Judge, who is already in the service of the Union or the State, but not the selection of such a person. The Court has set aside the Patna High Court judgment which had required the aspirant to resign his membership of the subordinate judicial service if he aspires to become a District judge.

Union Territories are centrally administered but retain their independent identity

The Supreme Court expressed a doubt as to whether properties of Union Territories can be treated as that of the Union. The Bench made this observation In Municipal Corporation Of Delhi Vs. North Delhi Power Ltd. (Now Tata Power Delhi Distribution Ltd.) And Anr. Wherein the eligibility of tax over the land of 8,080 sq. meter belonging to North Delhi Power Limited was in question.

Special Court for PC Act can try Non-PC Act offences and Non-Public Servants

The Supreme Court on Tuesday dismissed the appeals concerning the jurisdiction of the Special Judge designated under the Prevention of Corruption Act 1988 to try cases under the National Rural Health Mission Scam.

Law Commission directed to examine the ‘statutory framework of Tribunals’

A two Judge Bench of the Supreme Court directed the Law Commission of India to examine various issues relating to the working of Tribunals including the desirability of providing statutory appeals directly to Supreme Court from orders of Tribunals on issues not affecting national or public interest and other aspects of statutory framework in respect of Tribunals.

 Judgment on LIC’s ‘financial hardship’ plea modified

On a Review plea by LIC, which contended that implementing the order would increase in its financial burden and that the same will be contrary to the interests of the policyholders, the Supreme Court modified the earlier Judgment only with regard to payment of back wages and held that only 50% of the back wages with consequential benefits will be payable. 

Appointment of Judge who failed to answer elementary questions on law and procedures as DJ stayed

The Supreme Court of India on Monday reportedly stayed the appointment of a candidate to the District Court as a Judge, after he failed to answer certain elementary questions on law and procedure. The Fast-Track Court Judge was put to test in a packed courtroom by the Chief Justice of India himself.

SC refuses to intervene in NEET question paper “leak” issue

Supreme Court on Tuesday refused to entertain a petition which complained that question paper of NEET phase II exam conducted on July 24 had leaked and sought a court-monitored probe.

interim bail to “unwell” Asaram refused

The Supreme Court on Thursday refused interim bail to self-styed godmanAsaramBapu, who is jailed for the past three years after facing rape charges, for undergoing treatment for “several chronic ailments”.

Divorce by Mutual Consent granted by invoking Article 142 of Constitution

In yet another exercise of power under Article 142 of the Constitution of India to do ‘complete Justice’, the Supreme Court granted a decree of divorce by mutual consent to a couple, by waiving the statutory period of waiting.

Ban on sale of 2000 CC plus diesel SUVs lifted after imposing green tax

In a major boost to auto majors, the Supreme Court on Friday lifted its eight month old ban on registration of 2000 CC plus diesel cars. A special bench headed by Chief Justice T S Thakur allowed the sale after imposing a 1% cess on ex-show room price which will be levied as environmental tax which is to be paid either by the manufacturer, dealer or buyer

Right to peaceful protest is a fundamental right

Supreme Court of India on Friday held that the right to peaceful protest is a fundamental right guaranteed in the Constitution and the aforesaid right is subject to reasonable restrictions in the interest of the sovereignty and integrity of India, as well as public order

Rs.25,000/- costs imposed on BCI for inaction in Prof.Shamnad’s CLAT PIL

A Division Bench of the Supreme Court on Friday imposed costs of Rs. 25,000 on the Bar Council of India, for failing to respond to Prof. Shamnad Basheer’s petition demanding a permanent body for conducting the Common Law Admission Test (CLAT).

Wife accused of murdering her husband, acquitted

The Supreme Court acquitted a lady whose conviction by Trial court for the murder of her husband was confirmed by the High Court.

Why no Lokayuktha yet? : SC asks U’khand

The Supreme Court sought reply from Uttarakhand Government on a plea seeking appointment of Lokayukta in the state, which is lying vacant. The Bench was considering a writ petition filed by Ashwini Kumar Upadhyay for implementation of the Uttarakhand Lokayukta Act-2011. The State has been asked to file reply within four weeks.

“Do not treat SC like a panchayat” : CJI’s stern warning to Centre

Chief Justice T S Thakur-led bench of the Supreme Court on Friday slammed the Centre for not filing “even after three years” its counter affidavit on a PIL which sought framing of guidelines for vehicles carrying iron rods and protruding objects and those standing stationary on the middle of the road causing several fatalities every year.

Acquisition of land for expansion of Uttaranchal Secretariat Okayed

The Supreme Court set aside a judgment of Uttarakhand High Court which had struck down the Acquisition of land for the purpose of expansion of Uttaranchal Secretariat.