Supreme Court Weekly Round-Up

SC Reminds HCs of ‘Doctrine Of Restraint’ In Complex Fiscal EvaluationThe Supreme Court with ‘immense pain’ asked the high courts to keep in mind the established doctrine of restraint, while issuing writ of mandamus in tender/bidding matters. The court also observed that a writ court cannot sit in appeal over the financial consultant’s assessment. Finish Probe into Scribe Murder Case In 3 Months: SC To CBIThe Supreme Court on Monday asked the CBI to conclude its investigation in the journalist Rajdev Ranjan murder case in Bihar within three months. Controversial gangster-turned RJD leader Mohd Shahabuddin is also under scanner in the case A bench comprising justices Dipak Misra and Amitava Roy made it clear that no accused in the murder case shall seek bail on the statutory ground that charge sheets have not been filed in the matter. Courts Can Use ‘Contempt Of Court’ Restriction, If Speech Undermines JudiciaryThe Supreme Court in Het Ram Beniwal & Ors.Vs. Raghuveer Singh, upheld a Rajasthan High Court order convicting two advocates who made serious allegations of corruption and bias against the high court. Execution Of Two Death Row Convicts StayedThe Supreme Court stayed the execution of two death row convicts – Vikram Singh and Jasvir Singh @ Jassa, who were sentenced to death for kidnapping and killing a 16-year-old boy after demanding a ransom of Rs 50 lakh from his father.Civil Court Has Power To Try Pending Eviction Suits, If The Suit Property Comes Under Notified Area During PendencyThe Supreme Court in Rajender Bansal & Ors. Vs. Bhuru (D), held that a civil court would not cease to have jurisdiction to try a pending suit of eviction if the suit property came under the notified area during pendency of the suit.‘Over’ Relaxation To Reserved Category Candidates May Compromise QualityThe Supreme Court in Vikas Sankhala& Ors. Vs. Vikas Kumar Agarwal & Ors, refused to interfere with relaxation in pass marks in Teacher Eligibility Test (TET) examination in Rajasthan for different reserved categories and held that it is legal and valid in law.Blow To Pharmas: Centre’s Notifications Fixing Retail Price Of Drug Formulations UpheldThe Supreme Court upheld the legal validity of notifications issued by the Central government for fixing retail prices or ceiling price of certain formulations under the Drug Prices Control Order (DPCO) of 1995.Developers Slammed For Delaying Completion Of Flats, Orders CompensationA three judge bench of the Supreme Court headed by Justice Dipak Misra slammed the developers Unitech Resorts Private Ltd. for delaying completion of flats and putting the flat buyers in severe “financial crisis”. The bench stated in it’s order that the developers must “respect their contractual commitment”.Order On Maintainability Of Appeals By TN, Karnataka Reserved The Supreme Court on Wednesday reserved its order on maintainability of appeals filed by Karnataka, Tamil Nadu and Kerala against the 2007 award of the Cauvery Water Dispute Tribunal (CWDT). Judgement reserved.Govt Advised To Initiate Peace Talks To End Maoist Violence In Chattisgarh, Compensate Victims Under CrPCThe Supreme Court bench comprising Justices Madan B Lokur and Adarsh Kumar Goel, on Friday strongly advised the Central Government to initiate peace talks to end Maoist violence in Chhattisgarh. The bench reminded the Additional Solicitor General, Tushar Mehta, who represented the State of Chhattisgarh, about the message from the 2016 Nobel Peace Prize for the resolution of the Colombian government’s war with FARC, (Revolutionary Armed Forces of Columbia, a guerilla movement) as well as the Nagaland and Mizoram settlements.Is Seeking Vote In Name Of Religion “Corrupt” Practice? SC 7-Judge Bench Begins HearingA seven-judge Bench of the Supreme Court headed by Chief Justice T S Thakur on Tuesday began a crucial hearing for an authoritative ruling on the interpretation of Section 123 (3) of the Representation of the People Act, and decide whether an appeal for vote in the name of religion will come within the ambit of ‘corrupt practice’.IRS Official Vivek Batra’s Plea Against Sanction To Prosecute Him In Graft Case RejectedThe Supreme Court dismissed a petition filed by Vivek Batra, former Additional Commissioner of Income Tax, Mumbai, challenging the sanction order issued by the Union Finance Ministry to CBI to prosecute him in a corruption case.BCCI Review Petition Against Lodha Reforms Not Dismissed: Defers Hearing For Two WeeksAfter a brief in-chamber hearing, a bench headed by Chief Justice T S Thakur on Tuesday deferred by two weeks the hearing on the review plea filed by the BCCI against its July 18 judgment directing the board to implement the Lodha Committee report which has recommended sweeping reforms in the structure, functioning and membership to the cricketing body.BCCI’s Financial Autonomy Taken Away To Force It To Implement Lodha Panel ReformsIn a severe blow to the financial autonomy of the cash-rich BCCI, a special...

Supreme Court Weekly Round-Up

Ashok KM

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