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Supreme Court Weekly Round-Up

Ashok KM
2 Oct 2016 3:46 PM GMT
Supreme Court Weekly Round-Up
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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 Elections

The 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 Eviction

The 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 Will

The 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 Motion

The 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 quashed

The 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 acquitted

The Supreme Court acquitted a man accused of murder, by setting aside his concurrent conviction by the trial court and Madras High Court

Social Security to the Legal Profession Becomes an Essential Part of Legal System

The 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 It

A 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 Karnataka

Continuing 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 TN

Expressing 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 Immediately

In 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 Relief

In a significant development in the Italian Marines case, the Supreme Court allowed MassimilianoLatorre to stay on in Italy till a final decision is taken by International Tribunal for the Law of the Sea (ITLOS) in Hamburg on India’s jurisdiction to try him and his compatriot Salvatore Girone for the murder of two Kerala fishermen in 2012.

PIL for Countrywide Liquor Ban Rejected

The Supreme Court on Friday refused to entertain the plea of a BharatiyaJanata Party leader and Delhi-based lawyer Ashwani Upadhaya’s, seeking a complete ban on liquor across the nation saying “these were policy matters in which a court could not interfere”

NEET Row: Centralised Counselling ordered For Medical Admissions in Maharashtra

Calming the din over medical admissions to deemed universities in the state of Maharashtra, the Supreme Court ordered for centralised counselling for all vacant medical seats in the state and ruled that deemed universities shall come under the scope of NEET. 

No Jail; Roy’s Parole Extended Till Oct 24

In a huge relief to Sahara group chief Subrata Roy, the Supreme Court on Wednesday extended his parole till October 24. This was on a condition that he would deposit Rs 200 crore more with SEBI by then. The special bench headed by Chief Justice T S Thakur also asked Sahara to submit a road map or scheme for depositing the balance amount to secure Roy’s release on bail.

Bulandshahr Rape Case: CBI asked To Serve Notice on Azam Khan for Offending Remarks

The Supreme Court on Tuesday directed the CBI to serve a notice on Uttar Pradesh minister  and Samajwadi party leader Azam Khan to explain his alleged comments that the Bulandshahr gang rape incident in which a minor girl and her mother were victims was a “political conspiracy” to malign his party-led government in the state. 

SC refuses to Stay P & H HC Judgment Quashing Parliamentary Secretaries Appointment

The Supreme Court refused to stay the Judgment of Punjab and Haryana High Court which had quashed the appointments of 18 Chief Parliamentary Secretaries in Punjab. The Bench issued notice on the special leave petitions preferred by the Punjab Government, adding that this case will be listed with a similar appeal moved by the West Bengal government last year.

Chikunguniya: SC Shocked As AAP Govt Blames It On Disobeying Officials Who Report To LG

The Supreme Court on Friday expressed surprise when Delhi Health Minister Satyendra Jain alleged through an affidavit that officials reporting to Centre were not cooperating and taking responsiblity to check vector- borne disease like dengue and chikungunya in the national capital and asked him to give names and evidence of those officials by October 3.

Lack of active participation in murder determines sentencing ?

The Bench in Ghulam Mohi-Ud-Din Wani vs. State of Jammu& Kashmir has made an important observation that the absence of active participation in murder should go into the judicial determination of the question of appropriate punishment.

Triple Murder:  SC commutes death penalty

A three-judge Bench of the apex court comprising Justice Ranjan Gogoi, Justice Prafulla C Pant and Justice Uday Umesh Lalit has commuted the death penalty awarded to one Shyam Singh from Madhya Pradesh after he was found guilty of committing parenticide and murdering his nephew. 

Appeal against Acquittals to Be Disposed Of On Merits by Passing a Reasoned Order

Disposing of an appeal against a ‘cryptic’ order passed by a high court in a government appeal against the acquittal of an accused by a trial court in Uttar Pradesh, the Supreme Court observed that while examining an appeal filed against the finding of acquittal of the accused on the charge framed against him, the high court is required to consider the case on merits and pass a reasoned order.

SC expresses divergent views on Section 109 IPC charge

A Division Bench of the Supreme Court has expressed divergent views on Somasundaram vs. State and another as Justice Gowda acquitted the accused, Justice Mishra was of the opinion that the convictions need to be upheld.

Centre’s Response asked On Ex-Law Minister’s Plea against Custodial Torture

The Supreme Court sought the response of the Union Government on a public interest litigation filed by former Union Law Minister Ashwani Kumar seeking the court’s intervention to ensure an effective and purposeful legislative framework/ laws and its enforcement to fulfill the constitutional promise of human dignity and prevention of custodial torture at all levels.

Notice to Delhi Govt, Civic Bodies on Dengue, Chikungunya

The Supreme Court on Monday issued notices to Delhi government all three Municipal Corporation of Delhi and the NDMC on a plea seeking effective steps to control the widespread outbreak of diseases like chikungunya and dengue in Delhi

Strict Compliance with Gutkha, Pan Masala Ban directed

The Supreme Court directed the Centre and state governments to strictly enforce regulations banning gutkha and pan masala. The two-judge Bench comprising Justice Gopal Gowda and Justice Adarsh Kumar Goel was hearing a batch of petitions relating to the issue.

Expelled AIADMK MP Sasikala asked to cooperate with Investigation

The Supreme Court directed Sasikala Pushpa, expelled AIADMK MP, to cooperate with the investigation into two criminal cases of alleged sexual harassment of her family maids and forging of documents in her anticipatory bail petition lodged by the Tamil Nadu Police.

PIL seeking Probe on Chhattisgarh’s VIP Chopper Deal

A fresh PIL has been filed in the Supreme Court by NGO SwarajAbhiyan and Ajit Anand Degwekar, a social activist from Chhattisgarh, against the Union of India, State of Chhattisgarh and Directorate of Aviation, Chhattisgarh. It alleges the Chhattisgarh Government of issuing a pre-decided tender inviting bid for the purchase of specific model of a specific brand of helicopter for VIP movement.

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