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Supreme Court Weekly Round-Up

Ashok KM
23 Oct 2016 3:05 PM GMT
Supreme Court Weekly Round-Up
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SC Reminds HCs of ‘Doctrine Of Restraint’ In Complex Fiscal Evaluation

The 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 CBI

The 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 Judiciary

The 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 Stayed

The 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 Pendency

The 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 Quality

The 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 Upheld

The 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 Compensation

A 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 CrPC

The 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 Hearing

A 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 Rejected

The 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 Weeks

After 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 Reforms

In a severe blow to the financial autonomy of the cash-rich BCCI, a special bench of the Supreme Court led by Chief Justice T S Thakur on Friday directed the Lodha panel to appoint independent auditors to scrutinize all high-value contracts entered into by the Board.

“Garbage Mounds Looks LikeQutubMinar”, SC On Alarming Situation In Delhi

The Supreme Court on Friday rapped the Delhi government for not doing enough to dispose of the huge quantity of waste and rather dumping it on landfill sites which were already overflowing

Petition Seeking Recognition Of Living Will Dismissed

The Supreme Court bench, comprising the Chief Justice T.S.Thakur, and Justices D.Y.Chandrachud and L.Nageswara Rao, on Friday, declined to consider a Public Interest Litigation,  seeking a declaration that any person, in a mental capacity to make decisions, has the right to choose or refuse any kind of medical treatment, which cannot be curtailed by any health care provider.

Sahara Will Deposit Rs 12,000 Cr By Dec 2018

Fresh from a reprieve given by the Supreme Court, Sahara group chief Subrata Roy told the Supreme Court that it was ready with a roadmap to deposit the remaining amount of Rs 12,000 crore in the SEBI-Sahara account by December 2018 to be refunded to the investors.

Notice Issued To Justice Katju In Govindaswamy Review Case

In a surprise development, after the conclusion of hearing of arguments by the review petitioners in the Govindaswamy case, the Supreme Court bench comprising justices Ranjan Gogoi, Prafulla C Pant and Uday Umesh Lalit, on Monday afternoon, issued notice to the former Supreme Court Judge, Justice Markandey Katju, to appear in Court in person, and participate in the proceedings on November 11 at 2 p.m.

Justice Markandey Katju, through his Facebook post said that he will be appearing before the Supreme Court Bench headed by Justice Ranjan Gogoi in Soumya Rape and Murder case.

Reserving Verdict, SC Hints At Tough Orders Against BCCI, Anurag Thakur

The Supreme Court on Monday reserved its verdict on the plea by Lodha panel for removing the entire top brass of the BCCI and replace it with an administrator after slamming the Board for its continued defiance and also pulling up its President Anurag Thakur for trying to seek the help of ICC chief for non-implementation of the recommendations.

Should Cow Vigilante Groups Be Banned? SC Agrees To Examine

Agreeing to adjudicate on the raging controversy for the first time, a division bench of the Supreme Court headed by Justice Dipak Misra on Friday said it will examine the issue if the cow protection vigilante groups across the country should be banned for allegedly indulging in violence.

SC Surprised At Severity of Stray Dog Menace in Kerala

Supreme Court expressed surprise at increasing complaints regarding the extent of the dog bite menace in the “god’s own country”.

AAP Leader Ashish Khetan’s Plea To Decriminalise ‘Insult Of Religion’ Rejected

The Supreme Court recently dismissed a writ petition by journalist and Aam Aadmi Party leader Ashish Khetan, challenging the constitutionality of Section 295A of the Indian Penal Code that criminalises ‘insult of religion’.

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