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Supreme Court Weekly Round-Up

Ashok KM
9 Oct 2016 1:31 PM GMT
Supreme Court Weekly Round-Up
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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 Case

The 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 Money

The 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 Upheld

Setting 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 It

The 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 court

Men 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 Upheld

The 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 Rules

The 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 Case

In 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 Sentence

The 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-Arbitrable

The Supreme Court in A. Ayyasamy vs. A. Paramasivam, held that mere allegation of fraud simplicitor is not a ground to nullify the effect of arbitration agreement between the parties.

Competent Authority Under PMP Act Should Be Serving/Retired Judicial Official

The Supreme Court in Laljibhai Kadvabhai Savaliya & Ors. vs. State of Gujarat, held that the competent authority under the provisions of the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962,  must be someone who is holding or has held a judicial office not lower in rank than that of a subordinate judge or is a trained legal mind.

Suspense Over Death Sentence Of VS Dupare As SC Hears His Review Petition In Open Court

The Supreme Court bench On Wednesday, heard the review petition of the death-row convict, Vasanta Sampat Dupare, currently lodged in Nagpur Central Jail, in the open court. As hearing of the review petitions of death-row convicts by a three-Judge bench is mandatory after the SC judgment in Mohd. Arif case, Dupare’s senior counsel, Anup Bhambhani got the opportunity to make his submissions before the bench.

Katara Murder: Sentence Of Vikas Yadav And Pehlwan Modified

The Supreme Court on Monday modified the sentences of Vikas Yadav and his aide SukhdevPehlwan convicted in the sensational 2002 NitishKatara murder case.

SC Bench Divided Over Minister’s Power To Sanction Disciplinary Inquiry Against State Employee

The Supreme Court Bench comprising Chief Justice of India T.S. Thakur and Justice V. Gopala Gowda expressed divergent views on the issue of a minister’s power to sanction the initiation of a disciplinary inquiry against an in-service or retired employee.

SC Stresses On Rights Of Prisoners; Tells Centre, States To Comply With Guidelines On Prison Reforms

The Supreme Court in Re-Inhuman Conditions In 1382 Prisons, observed that due importance needs to be given to the rights of prisoners and undertrials in various prisons across the country.

Karnataka Asked To Release 2000 Cusecs Of Water To TN From Oct 7 To 18

Karnataka finally fell in line after being rebuked by the Supreme Court for non-sharing of Cauvery water with Tamil Nadu and today said it was ready to release water. The Apex Court bench of Justice Dipak Misra and Justice U U Lalit asked Karnataka to release 2000 cusecs of Cauvery water from October 7 to October 18. 

Prevent Public Demonstrations On Dog Culling Issue, SC Tells Kerala Govt

The Supreme Court on Tuesday, while considering petitions by the Animal Welfare Board of India, took note of photographs that carried captions “Kerala politicians beat street dogs to death, hang them on a pole and take out a parade” and ‘Gils Periappuram posing with the culled dogs’.

Chikungunya:  AAP Govt Slammed For Delay In Affidavit To Prove “Non-Cooperation By Officials”

The Supreme Court on Monday pulled up Delhi’s AAP government for not filing the fresh affidavit demanded two days ago by the court in which it had sought the names of those officials “reporting to the Lt Governor” who were not cooperating and taking responsibility to check the spread of vector- borne disease like dengue and chikungunya in the national capital.

High Level Meet Demanded On Steps To Tackle Chikungunya

On Tuesday, the Apex Court directed Delhi Lt Governor Najeeb Jung to chair a meeting of the Chief Minster, heads of civic bodies, chiefs of all relevant agencies tomorrow to devise a strategy to control the spread of vector-borne diseases like dengue and chikungunya and urged all the “stop the blame game”.

SC Allows Nestle To Destroy 550 Tonnes Of Expired Maggi Stock

The Supreme Court given a go ahead for destruction of expired stocks of Maggi noodles that were recalled from the market last year. The court has ordered that the 550 tonnes Maggi shall be destroyed as early as possible and in accordance with the procedures laid down by the food regulator FSSAI.

Many Unaware About Their Right To Be Compensated For Motor Accidents

Perusing an affidavit filed by the Union of India regarding motor accident deaths and insurance claim, the Supreme Court noted that the number of insurance claims made on account of death is roughly half of the number of deaths. The Bench asked the Union of India to explain steps it has taken in this regard to bring about awareness amongst victims/families of road accident victims.

Supreme Court Disgusted With Government Inaction On Drought Relief, Contemplates Contempt Proceedings

Coming down heavily on the Central and State Governments for their willful disregard of the Supreme Courts’ May verdict on drought relief, the Apex Court asked Swaraj Abhiyan to file a Contempt Petition against those who have disobeyed the Court’s orders.

Patna HC Order Which Quashed Bihar Liquor Ban Stayed

Nitish Kumar government secured a major relief from the Supreme Court on Friday when it stayed the operation of the September 30 Patna High Court judgement which quashed the state’s law banning sale and consumption of all types of liquor. 

Undertaking Sought From BCCI On Reforms Compliance

The Chief Justice-led bench of the Supreme Court on Thursday asked the BCCI to give an undertaking that it will unconditionally implement the reforms suggested by the Lodha panel in improving the working of the board and usher in transparency and also not disburse money to those state associations who are not ready to implement reforms.

BCCI Barred From Giving Funds To State Associations Unwilling To Reform

Cracking the whip on the cash-rich BCCI, the Supreme Court on Friday restrained it from disbursing extra funds to 25 State associations till they accepted the Justice Lodha Committee reforms in “letter and spirit” and informed the same to the panel and to apex court bench hearing the matter.

SC Bench Split Over Prescribing Of Minimum Marks In District Judge’s Selection

Yet again, divergent views emanated from the Supreme Court Bench comprising Justice Shiva Kirti Singh and Justice R. Banumathi in the matter of challenge against prescribing minimum marks for viva voce conducted by the High Court of Manipur for an appointment to the post of district judge (entry level).

Status Report On Judges’ Appointments: AG Sought Time From SC To Reveal Progress

In an unusual chamber hearing, the Supreme Court bench heard the Attorney General, MukulRohatgi on Monday (October 3) afternoon, on the status report on the appointment of Judges, whose names have been cleared by the Supreme Court Collegium.

Kerala Media Vs lawyers: Journalist Union’s Plea To Be Heard On Oct 21

The Supreme Court  agreed to hear the petition filed by the Kerala Union of Working Journalists (KUWJ) seeking directions to open media rooms attached to the high court and other courts in Kerala, on October 21. 

Now A Plea To Shift Shahabuddin To Any Jail Outside Bihar

A week after the Supreme Court cancelled Mohd Shahabuddin’s bail given by the Patna High Court, a fresh plea has been filed in the apex court seeking the transfer of the controversial gangster-turned-RJD leader to any jail outside Bihar and conduct of his trials in all pending cases through video conferencing.

Haji Ali Trust’s Appeal Against HC Allowing Women In Sanctum

The Supreme Court on Tuesday agreed to hear on October 7, Friday the appeal filed by Haji Ali Dargah Trust challenging the Bombay High Court order lifting the ban on women from entering the sanctum sanctorum of the renowned Muslim shrine in South Bombay.

On Friday, the Apex Court  orally observed to Bombay’s Haji Ali Dargah trust to take a progressive stand on the access of women into the inner sanctum sanctorum of the famous shrine.

Kerala Journalists’ Union Approaches SC For Opening Media Rooms In Kerala Courts

The Kerala Union of Working Journalists (KUWJ) approached the Supreme Court seeking a direction to the Registrar of Kerala High Court to open media rooms attached to the high court and other courts in Kerala with immediate effect.

Centre Urges SC To Abolish Triple Talaq, Polygamy

Taking a firm stand against the controversial Muslim custom of triple talaq and polygamy officially for the first time, the Centre has told the Supreme Court through an affidavit that the practices need to be abolished as they are “unconstitutional, discriminatory, hurt gender equality and women’s dignity”.

This article has been made possible because of financial support from Independent and Public-Spirited Media Foundation.

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