Supreme Court Weekly Round-Up

All Tribunals are not necessary parties to the proceedings where legality of its orders challengedThe Supreme Court in M. S. KAZI VS. MUSLIM EDUCATION SOCIETY held that all Tribunals are not necessary parties in a Special Civil Applications under Articles 226 and 227 of the Constitution, when they are not required to defend its orders when they are challenged before the High Court. Handing over child custody to an institution, ignoring parent’s claim not acceptableThe Supreme Court, in BEATA AGNIESZKA SOBIERAJ VS. STATE OF HIMACHAL PRADESH depreciated the practice of handing over the custody of the child to an institution, while ignoring the claim of a parent, especially the mother of the child, as not acceptable.FIR after 5 years of closing Case: Dowry Death Case against Air Force Officer quashedSupreme Court of India on Tuesday quashed a First Information Report under Sections 304B (Dowry Death) and 498A (matrimonial Cruelty) against an Air Force Officer and his relatives, registered Five years after closing of the Case as no offence was found to have committedSales at the hands of the brand name/trade mark holder would be treated as the first sale under KGST ActThe Supreme Court in ACC Ltd. vs. State of Kerala reiterated that, sales at the hands of the brand name holder and trade mark holder would be treated as the first sale for assessing tax under Kerala General Sales Tax Act, 1963.‘Illness of Counsel/Accused in Custody’ not valid grounds to recall witnesses under Section 311 CrPCThe Supreme Court in State of Haryana vs. Ram Mehar & Others held that, recalling of witnesses as envisaged under Section 311 of the Code of Criminal Procedure on the grounds that accused persons are in custody, the prosecution was allowed to recall some of its witnesses earlier, the counsel was ill and magnanimity commands fairness should be shown, is not acceptable.Legality and Validity of substantive contract cannot be enquired under Section 8/Section 45 of Arbitration and Conciliation Act, 1996The Apex Court in Sasan Power Limited vs. North American Coal Corporation India Private Limited, held that the scope of enquiry under the Section 8 and Section 45 of the Arbitration and Conciliation Act, 1996, is confined only to the question whether the arbitration agreement is “null and void, inoperative or incapable of being performed” but not the legality and validity of the substantive contract.Star campaigner’s complete expenses not to be included in one candidate’s expenditurePartly allowing the appeal by Madhya Pradesh MLA Sri. Ajay Arjun Singh, the Supreme Court in Ajay Arjun Singh vs. Sharadendu Tiwari held that, use of Helicopters by ‘star campaigners’ of election, for travelling outside their constituencies, cannot be included in their election expenditure. Apex Court Bench comprising of Justices J. Chelameswar and Abhay Manohar Sapre, also held that a ‘Star campaigner’ is under no legal obligation to make any declaration of the expenditure incurred by him in connection with meeting held outside the constituency he contests.Retrospective effect of S.19(20) TN VAT Act struck downThe Supreme Court, in JAYAM & CO. VS. ASSISTANT COMNMISSIONER & ANR has struck down retrospective effect given to sub-section (20) of Section 19, of the Tamil Nadu Value Added Tax Act, 2006.Gujarat’s 10% quota for EWS put on holdThe Supreme Court on Monday, agreed to hear next Monday the petition filed by Gujarat Government challenging the state High Court order that quashed its ordinance providing 10% quota for the economically backward among the unreserved category, including the agitating Patel community.If public figure, get used to criticism: SC to JayaTamil Nadu Chief Minister J Jayalalithaa once again faced the ire of Supreme Court for slapping defamation cases against political opponents. “If you are a public figure, you have to get used to criticism. Perhaps Tamil Nadu is the only state which misuses state machinery to fight defamation cases.” the bench said. State Pollution Control Boards directed to report on measures to tackle SilicosisThe Supreme Court bench on Tuesday, directed State Pollution Control Boards in Haryana, Rajasthan, Madhya Pradesh, Pondicherry, Jharkhand and Delhi, to inspect the quartz-grinding units in their States within three weeks. Supreme Court cannot create a ‘Ram Rajya’: CJI The Supreme Court does not have a magic wand to create a Ram Rajya (ideal state), Chief Justice T S Thakur on Friday told a petitioner in a public interest litigation who wanted a blanket order directing authorities all over the country to remove encroachments from footpaths.Allahabad HC Rule which mandates that a lawyer outside state cannot appear in Court without a Local lawyer’s appointment upheldThe Supreme Court in JAMSHED ANSARI VS. HIGH COURT OF JUDICATURE AT ALLAHABAD & ORS held that right of Advocates to appear and conduct cases in the court is a matter on which the court must and does have major supervisory and controlling power...

Supreme Court Weekly Round-Up

Ashok KM

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