Supreme Court Weekly Round-Up

Supreme Court Weekly Round-Up

L&T Case: Multi-point levy of turnover tax on works contract struck down

The Supreme Court in Larsen & Toubro Limited Vs. Additional Deputy Commissioner Of Commercial Taxes & Anr. held that the value of the work entrusted to the sub-contractors or payments made to them shall not be taken into consideration while computing total turnover for the purposes of Section 6-B of the Karnataka Sales Tax Act. 

Sedition: authorities directed to follow Kedar Nath Judgment

Supreme Court of India on Monday issued a direction to all the concerned authorities to follow the Constitutional bench judgment in Kedar Nath v State of Bihar (1962) which limited the scope of Sedition Law (Section 124A) in India. The Supreme Court has said that all authorities would be bound by the Kedar Nath judgment when dealing with cases of sedition. With the above observation the Supreme Court dismissed the Petition filed by NGO ‘Common Cause’ and Dr. S.P. Udayakumar.

Availability of alternate remedy not a ground to bar petition U/s 482 CrPC

A three-judge Bench of the Supreme Court on Tuesday in Prabhu Chawla vs State of Rajasthan clarified that the availability of remedy under Section 397 CrPC would not make a petition under Section 482 CrPC not maintainable.

Magistrate can’t order further investigation against public servant sans valid sanction

A two-judge Bench of the Supreme Court held that a Magistrate cannot order further investigation under Section 156(3) of the Code of Criminal Procedure in relation to public servant in the absence of valid sanction.

Petitions challenging Delhi HC’s ‘One Bar, One Vote’ judgment rejected

The Supreme Court dismissed petitions challenging the Delhi High Court judgment in which the High Court directed incorporating the ‘one bar, one vote’ principle forthwith in relation to every Bar Association in Delhi (including the Delhi High Court Bar Association, the Delhi Bar Association, the New Delhi Bar Association, the Rohini, Shahdara, Saket and Dwarka Courts Bar Association and all other Court/Tribunals attached Bar Associations).

States, UTs must upload FIRs on websites within 24 Hrs

In a path-breaking judgment, the Apex Court on Wednesday directed that the copies of the FIRs, unless the offence is sensitive in nature, like sexual offences, offences pertaining to insurgency, terrorism and of that category, offences under POCSO Act and such other offences, should be uploaded on the police website, and if there is no such website, on the official website of the State Government, within 24 hours of the registration of the First Information Report so that the accused or any person connected with the same can download the FIR and file appropriate application before the Court as per law for redressal of his grievances. 

10 significant guidelines issued on FIR

On Wednesday in Youth Bar Association of India Vs Union of India and Others, the Apex Court issued 10 important Guidelines on First Information Report.

Tarun Sagar Row: Vishal Dadlani’s plea seeking protection from arrest declined

The Supreme Court refused to grant protection to music composer Vishal Dadlani from arrest after he got enmeshed in legal controversy over his tweets about Jain guru Tarun Sagar. Dadlani might get arrested for his allegedly scathing remarks hurting religious sentiments. The court told him that it cannot intervene in the case at this stage and he must first approach the High Court.

PIL for police reforms petitioner asked to move application in Prakash Singh Case

The Supreme Court on Monday directed BJP leader and Delhi-based lawyer Ashwini Kumar Upadhyay, who had filed a Public Interest Litigation (PIL) for the implementation of Supreme Court directions issued in Prakash Singh case, to file an interlocutory application in the case, which is still pending before a three-judge bench of the apex court.

BulandsaharGangrape:  Stay On CBI probe lifted

In a new twist in the Bulandshahr rape case, the Supreme Court on Thursday lifted the stay on CBI investigation after modifying its August 29 order and asked the agency to “proceed as per law”.

Lord Vishnu Cover Row: Criminal case against MS Dhoni, AroonPurie quashed

The Supreme Court recently quashed criminal proceedings against India’s limited overs cricket captain cricketer MS Dhoni and India Today Group head AroonPurie, pending before the Additional Chief Metropolitan Magistrate in Bengaluru. The criminal proceedings were initiated against them for allegedly hurting religious sentiments by publishing a cover photo in ‘Business Today’ magazine in 2013 showing Dhoni as Lord Vishnu.

2G accused – Essar promoter Ravi Ruia’s request to travel abroad rejected

Essar group promoter Ravi Ruia, facing trial in a case arising out 2G scam probe was disallowed to go abroad by the Apex Courton Tuesday which cited a “bad experience” and said a similar person was allowed to go abroad and he did not return.

Plea for new mechanism for appointment of judges to be heard on Sept 12

A two Judge Bench of the Supreme Court of India on Monday agreed to hear a Public Interest Litigation by National Lawyers’ Campaign for Judicial Transparency and Reforms seeking a new mechanism for the Appointment of Judges in High Courts and Supreme Court. 

SC agrees to examine whether corporate bodies can file criminal defamation cases

The Supreme Court on Monday agreed to examine the question whether corporate bodies can initiate criminal defamation proceedings. A bench headed by Justice J.S. Khehar asked Essar Limited and the Centre to reply within eight weeks.

SushantRohilla Suicide Case: SC takes Suo Motu cognizance of his friend’s letter

Taking Cognizance of a student’s letter, the Apex Court on Tuesday appointed Senior Advocate Fali S. Nariman as the amicus curiae in the case involving Amity Law School student SushantRohilla’s suicide.

Judgment in Soumya Murder Case reserved

The Supreme Court reserved its judgment in Soumya murder case after concluding the final hearing in appeal filed by convict Govindachami. 

Kejriwal Vs LG Tussle: Notice to Centre on AAP Govt appeal against HC verdict; Stay refused

The Supreme Court on Friday issued notice to Centre on a batch of six appeals filed by Arvind Kejriwal-led AAP government challenging the Delhi High Court order which gave primacy to the Lt Governor Najeeb Jung in the administration of the National Capital.

Marines Case: Italy’s fresh plea to modify latorre’s bail conditions

A fresh plea was made by Italy on Thursday in the Supreme Court for modification of bail conditions of marine MassimilianoLatorre which the judges agreed to hear on September 20.

SC agrees to hear PIL for stopping funding of J & K separatists

The Supreme Court on Thursday agreed to hear next week a Public Interest Litigation which has sought a direction to the government to immediately stop the funding of separatist groups in Jammu and Kashmir.

Jaising urges SC to make Crechefacility free

The Supreme Court on Monday adjourned a writ petition filed by Anandita Pujari against the Supreme Court of India that sought improvement of the day care centre of the apex court, to consider a letter placed before the court on behalf of its administration.

Finance Ministry may move SC challenging HC verdict on Online Travel Portals’ Tax Evasion Case

The Finance Ministry is likely to appeal to the Supreme Court against the Delhi High Court’s recent verdict directing the Central Revenue authorities to refund service tax collected from three travel portals.

Plea to implement Lokpal and Lokayuktas Act 2013 effectively

A Public Interest Litigation has been filed in the Supreme Court seeking the appointment of Lokpal at the Centre and Lokayuktas in all States in the spirit of the Lokpal and Lokayuktas Act 2013.

Man accused of killing daughter courts trouble by appealing SC

A man from Karnataka has invited a big trouble to himself by knocking the doors of the Supreme Court against his conviction by the Karnataka High Court, as the Supreme Court has expressed a view that he should have been convicted for a greater offence.