Supreme Court Weekly Round-Up

Ex-Policeman Accused Of Killing Wife The Supreme Court acquitted an ex-police constable, who was convicted by the trial court and high court under Section 302 of the Indian Penal Code and resultantly sentenced to suffer imprisonment for life and also to pay fine of ₹10,000 for killing his wife.SC Refuses To Review Death Penalty Of Ex-Cop Umesh In Rape-Murder CaseThe Supreme Court Bench headed by Justice Ranjan Gogoi confirmed the death penalty imposed on a rape-cum-murder convict Umesh, by dismissing his review petition against the dismissal of appeals by the apex court in 2011.Words ‘Adult Male’ Struck Down From The Definition Of “Respondent” Under Section 2(Q) Of DV Act; Relief Possible Against Minors, Women Now a complaint of domestic violence can be made against any person who is, or has been, in a domestic relationship with the aggrieved person as the Supreme Court in an important pronouncement in Hiral P Harsora and ors Vs. KusumNarottamdasHarsora& Ors, struck down the words “adult male” before the word “person” in Section 2(q) of Domestic Violence Act holding that these words discriminate between persons similarly situated, and is contrary to the object sought to be achieved by the Domestic Violence Act.Forcing Husband To Get Separated From His Parents, Amounts To ’Cruelty’The Supreme Court of India in Narendra vs. K.Meena held that persistent effort of the wife to constrain her husband to be separated from the family constitutes an act of ‘cruelty’ to grant divorce.Section 102 CPC Cannot Be Invoked If Subject Matter Of Suit Involves Something More/Other Than Recovery Of MoneyThe Supreme Court in Nagarpalika Thakurdwara vs. Khalil Ahmed & Ors, held that, provisions of Section 102 of the Civil Procedure Code cannot be invoked if the subject matter of the suit is anything other than recovery of money or something more than recovery of money.BJP Leader Rajendra Mesharam’s Election Win UpheldSetting aside the March 2015, order of the Madhya Pradesh High Court against BJP candidate Rajendra Mesharam, the Supreme Court upheld his election win to Devsar seat from the Singrauli district in Madhya Pradesh.HC Can’t Remand Cases When Either Party Doesn’t Seek ItThe Supreme Court in SyedaRahimunnisa vs. Malan Bi (Dead) by L.Rs. & Anr. Etc., held that the high court, while hearing a second appeal, has no jurisdiction to remand a case to the trial court, especially when no party to the appeal raised this ground before the first appellate court or/and the high court as to why the remand of the case to the trial court is called for and nor there was any finding recorded on this question by the first appellate courtMen Accused Of Gang Rape Acquitted The Supreme Court in Raja & Ors. vs. State of Karnataka, set aside a Karnataka High Court judgment, which had reversed the acquittal recorded by a trial court in a gang rape case, and had sentence the accused to life imprisonment.Patna HC Judgment Quashing Rules Which Provided Reservation In Judicial Services UpheldThe Supreme Cour,t in Govt. Of Bihar and ors. Vs. Dayanand Singh, upheld the Patna High Court judgment, which had quashed Rules 4A and 3A introduced by amending the Bihar Superior Judicial Service Rules, 1951, and Bihar Civil Services (Judicial Branch) (Recruitment) Rules, 1965, respectively, providing for reservation of posts in the judicial services in favour of various backward classes of citizens.Courts Can’t Exercise ‘Judicial Discretion’ Against Statute Or RulesThe Supreme Court in Anurag Kumar Singh & Ors. Vs. State of Uttarakhand, observed that courts, in exercise of judicial discretion, cannot give any direction contrary to the statute or rules made there under and it is to be exercised only when there are two or more possible lawful solutions. SC Says It Will Correct Itself Even If There Is A Slight Mistake In Acquitting Govindaswamy For Murder In Saumya CaseIn an open court hearing on the review petition filed by State of Kerala and Sumathi, mother of Soumya, against the judgment acquitting Govindaswamy for the murder of Soumya, but convicting and sentencing him for her rape, the Supreme Court told the counsel that it did not pen down its order without asking the searching questions itself about the guilt of the accused.Courts Have Power To Direct That Subsequent Sentence Shall Run Concurrently With Previous SentenceThe Supreme Court in Benson vs. State of Kerala, held that the normal rule in sub-section (1) of Section 427 of CrPC, that if a person already undergoing a sentence of imprisonment is sentenced on a subsequent conviction to imprisonment, such subsequent term of imprisonment would normally commence at the expiration of the imprisonment to which he was previously sentenced, is subject to a qualification and it is within the powers of the court to direct that the subsequent sentence shall run concurrently with the previous sentence.Mere Allegation Of Fraud Won’t Make Commercial Dispute Non-ArbitrableThe Supreme Court in A. Ayyasamy vs. A....

Supreme Court Weekly Round-Up

Ashok KM

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