Supreme Court Weekly Round-Up

Rape & Murder of 7Yr Old Girl: Accused acquitted Of Murder Charges and Quashes Death Penalty; Upholds Lifer for Rape The Apex Court in Rajesh vs. State of Madhya Pradesh acquitted a rape-cum-murder accused of murder charges and upheld life imprisonment and conviction under Section 376 (2) (f) and 377 IPC. The Bench comprising Justice Ranjan Gogoi, Justice Prafulla C. Pant and Justice Uday Umesh Lalit, just like it did in Govindachamy vs. State of Kerala, altered the conviction under Section 302 IPC to one under Section 325 IPC and awarded seven-year rigorous imprisonment for the same.‘Encroachers’ Of Defence Land Have No Right To Vote In Cantonment Board ElectionsThe Supreme Court in Cantonment Board, Panchamarhi vs. Gopal Das Kabra & Ors held that persons who are living in the cantonment area in illegally constructed houses, which are not assigned any number, will not be entitled for inclusion in the electoral roll to be prepared in accordance with Rule 10 (3) of the Cantonment Rules.Married Daughter, Who Has Legal Right Of Residence In Building, Can Seek Tenant’s EvictionThe Supreme Court in Gulshera Khanam vs. Aftab Ahmad, held that any woman, married or unmarried, who has a legal right of residence in the building, is also included in the definition of “family” in relation to landlord, and is entitled to seek eviction of the tenant from such building for her bonafide need.Family Pension Not Part of Anyone’s Estate to Be Disposed of in WillThe Supreme Court in Nitu vs. Sheela Rani, held that family pension does not form part of the estate of the deceased and it is to be given under the provisions of the relevant pension scheme.HC Action Against Contempt Of Subordinate Court, Only By Reference Or By AG’s MotionThe Supreme Court in Vilas V. Sanghai vs. Sumermal Mishrimal Bafna & Anr., set aside a High Court order in a contempt proceedings against a police officer on a limited ground that, since the criminal contempt was of a subordinate Court, the High Court could have taken action only on a reference made to it by the subordinate Court or on a Motion made by the Advocate General and not in pursuance of an application submitted by any other person, that too without obtaining consent of Advocate General.Defamation Case against Retired Customs Officer quashedThe Supreme Court quashed a defamation case against a retired high ranking Customs Officer who allegedly made derogatory and disparaging imputations in a complaint he filed on behalf of his client, before the Customs Authority.Murder accused acquittedThe Supreme Court acquitted a man accused of murder, by setting aside his concurrent conviction by the trial court and Madras High CourtSocial Security to the Legal Profession Becomes an Essential Part of Legal SystemThe Supreme Court, in Cardamom Marketing Corporation & Anr. Vs. State Of Kerala & Ors. Observed that providing social security to the legal profession becomes an essential part of any legal system which has to be effective, efficient and robust to enable it to provide necessary service to the consumers of justice. The Court has upheld levy of additional court fee in respect of each appeal or revision before the tribunals and appellate authorities by or under special or local law, at the rate of 0.5% of the amount involved in the dispute in cases, where it is capable of valuation, and at the rate of ₹50 in other.Availing Of VRS No Bar In Claiming Past Dues If Scheme Does Not Cover ItA three-judge Bench of the Supreme Court in A. Satyanarayana Reddy &ors. vs. Presiding Officer, Labour Court, Guntur &ors., held that even though there is cessation of relationship between the employee and the employer, if the Voluntary Retirement Scheme does not cover past dues like lay-off compensation, subsistence allowance, etc., the workman who has availed of the scheme would be entitled to approach the Labour Court under Section 33C (2) of the Industrial Disputes Act.Release 6000 Cusecs of Water for Two Days to TN: SC to KarnatakaContinuing with its efforts to resolve the water dispute between the two southern states, the Supreme Court on Tuesday asked Karnataka to release 6000 cusecs of water for two days to Tamil Nadu and made it clear that “this is to show its bona fide”.Cauvery: SC Asks Board to Do Reality Check; Karnataka Given “Last Chance” To Give Water to TNExpressing serious concern at the continuing stalemate between Karnataka and Tamil Nadu on the Cauvery water sharing issue, the Supreme Court on Friday asked the Centre to constitute a Cauvery Water Management Board within three days.Shahabuddin’s Bail cancelled; Ordered He Be Taken into Custody ImmediatelyIn a significant development, the Supreme Court on Friday set aside the bail granted by Patna High Court on September 7 to gangster-turned RJD politician Mohd Shahabuddin and ordered that he be taken into custody forthwith.Marines Case: After Girone, Latorre Gets Big Sc ReliefIn a significant development in the Italian Marines case, the Supreme...

Supreme Court Weekly Round-Up

Ashok KM

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