Supreme Court Weekly Round-Up
Govt Must Compensate Promptly For Land Expropriation
The Supreme Court in Delhi Development Authority vs. Sukhbir Singh & Ors., observed that persons whose property is expropriated by the state need to be paid immediately so as to enable them to rehabilitate.
Magistrate Can Allow Complainant to Conduct Prosecution Independently
Examining the difference between Section 301 and Section 302 of the Code of Criminal Procedure (CrPC), the Supreme Court in Dhariwal Industries Ltd. vs. Kishore Wadhwani & Ors, has held that Section 302 CrPC confers power on a magistrate to grant permission to the complainant to conduct the prosecution independently. The court also made it clear that the said provision applies to every stage, including the stage of framing charge.
Soumya Case: Govindachami acquitted Of Murder Charges; awarded LIFE TERM for Rape
The Supreme Court acquitted Govindachami alias Govindaswamy, the accused in Soumya Rape and Murder case, of Murder charges while upholding the conviction and sentence under Section 376 IPC for Rape and other offences.
Death Penalty commuted in 7-yr-Old Girl’s Rape & Murder Case
The Supreme Court on Friday commuted the death sentence awarded by a trial court and confirmed by the High Court of Madhya Pradesh for a man accused of raping and murdering a 7-year-old girl, to life imprisonment with the further direction that he shall not be released from prison till he completes the actual period of 25 years of imprisonment.
Not Proving Motive Raises Suspicion in Prosecution Case
The Supreme Court in Pankaj vs. State of Rajasthan, observed that though motive is not sine qua non for the conviction of the accused, the effect of not proving motive raises a suspicion in the mind.
Determination of Compensation under Different Heads Crucial While Computing Award for Motor Accidents
The Supreme Court in Sandhya Rani Debbarma& Ors. Vs. The National Insurance Company Ltd. & Anr, observed that determining the compensation under different heads such as loss of estate, funeral expenses, loss of consortium etc. is crucial while computing award of compensation due to dependants of the deceased in motor accidents.
Criminal Case Pendency Can’t Be Sole Basis to Suspend Disciplinary Proceedings
The Supreme Court in State Bank of India & Ors. Vs. Neelam Nag, held that pendency of a criminal case against an employee cannot be the sole basis to suspend the disciplinary proceedings initiated against him/her for an indefinite period.
Bail granted to Murder Convict after 26 Years in Jail
The Supreme Court released a murder convict on bail, after he spent 26 years in jail, subject to the condition that he will not enter Mahoba district in Uttar Pradesh.
Previous ruling on Cauvery modified
Supreme Court on Monday unusually opened its doors on a holiday to hear two litigants: Karnataka and Tamil Nadu, on the former’s plea to meet an emergency situation. Although the Cauvery dispute between them is more than a century-old, Karnataka claimed that the court’s previous order on September 5, asking the state to release 15000 cusecs of water to Tamil Nadu, to mitigate the latter’s distress, has led to a crisis worsening its drinking water and irrigation situation.
Karnataka and TN Govts reminded about their Duty to Prevent Damage to Public Property
On Thursday, the Apex Court bench comprising justices Dipak Misra and UU Lalit, expressed serious concern about the deterioration of law and order in Karnataka and Tamil Nadu, as a result of the Supreme Court’s interim order on 12 September in the Cauvery water dispute between the two States.
PIL for Stopping Funding Of J&K Separatists Dismissed
The Apex Court bench comprising Justices Dipak Misra and UU Lalit on Wednesday dismissed the Public Interest Litigation petition filed by advocate, Manohar Lal Sharma, which sought a direction to the government to immediately stop the funding of separatist groups in Jammu and Kashmir.
SC Expresses Shock to See a First Appeal Pending In HC for 35 Years
Expressing “extreme shock” over a first appeal case pending in the Gujarat High Court for 35 years, the Supreme Court directed the Chief Justice of the High Court to take necessary steps on the administrative side to ensure that such unconscionable delay and such unconscionable number of adjournments are not granted, virtually for the asking.
Notice issued to Centre, ECI
The Supreme Court issued notice to the Centre and the Election Commission (EC) on a PIL seeking setting up of special courts to speed up criminal cases against legislators.
Plea for Establishing Lokpal and Lokayuktas: Notice issued to Centre, States
The Supreme Court issued notice to the Centre and states in a Public Interest Litigation seeking appointment of Lokpal at the Centre and Lokayuktas in all States. A Division Bench comprising of of Justice Ranjan Gogoi and Justice Prafulla C Pant after today’s hearing asked Centre and State Governments to file their responses to the petition.
Bhushan Moves SC for Cancellation of Shahabuddin’s Bail
Noted lawyer and activist Prashant Bhushan on Friday filed an appeal in the Supreme Court against the bail granted to Bihar’s gangster-turned politician Mohammad Shahabuddin who walked out of Bhagalpur jail after a decade on Saturday.
Are You Framing National Health Policy or Not: SC Asks Centre
On a public interest litigation filed by prominent health right activist Devika Biswas, the Supreme Court issued certain directions to the Centre and states in the matter of implementation of sterilisation programme across the country.
Plea to Lift Ban on Camel Sacrifice in Tamil Nadu
A petition has been filed before the Supreme Court challenging a Madras High Court order banning camel slaughter in Tamil Nadu. Filed by ManithaneyaJananayagaKatchi, the special leave petition reportedly contended that the high court order had adversely affected the entire Muslim community, rendering them incapable of sacrificing animals during Bakrid on September 13.
Environmental science as compulsory subject?
SC Seeks Status Of Making Environment Science As Compulsory Subject For Study while hearing an interim plea of environmentalist M C Mehta alleging that the directions passed in 1991 on his PIL have not been complied with letter and spirit.In the 1991 verdict, a bench headed by then Chief Justice Rangnath Misra had said the UGC will take appropriate steps immediately to give effect to what we have said, i.e., requiring the Universities to prescribe a course on environment.
NCTE has final say in granting recognition
The Supreme Court in the judgment of State of Rajasthan v. LBS B.Ed College and Ors., delivered by Justice Dipak Misra, has dealt with the role of the state government while granting recognition to an institution that apply for NCTE recognition.