Supreme Court Weekly Round-Up

Supreme Court Weekly Round-Up

The statement “inclusive of all taxes” does not mean the assessee admitted charging Sales tax

The Supreme Court in Deputy Commissioner of Commercial Taxes (Vigilance) Versus M/s Hindustan Lever Limited, observed that the statement on the packaged product ‘inclusive of all taxes’, means all taxes which were leviable, were already included in the price mentioned and it should not be constructed as an admission that the assessee had charged sales tax. 

Tenant’s application for renewal to conduct business cannot be rejected for want of consent of the landlord

The Supreme Court in Sudhakaran vs. Corporation of Kochi held that the requirement of consent of landlord is applicable only when a person intends to obtain a licence for the first time and not for Renewal or subsequent application for obtaining licence on expiry of the period of the existing licence, during the currency of the tenancy.

Attachment proceedings against an accused who died during pendency of trial impossible

The Supreme Court of India in U. SUBHADRAMMA VS. STATE OF A.P observed that property of a person who was accused of an offence of misappropriation but who died during the pendency of the criminal trial cannot be attached in the hands of his legal representatives under the provisions of Criminal Law Amendment Ordinance, 1944.

Microsoft, Google, Yahoo slammed for hosting sex determination Advts violating PNDT Act

Supreme Court on Tuesday accused online search engines Microsoft, Google and Yahoo of violating the law of the country by hosting advertisements pertaining to pre-natal sex determination and directed Centre to remove them at the earliest with help from technical experts. 

Centre wants diesel SUV ban lifted; verdict reserved

Auto majors like Mercedez Benz, Toyota and BMW on Monday got a boost with the Centre supporting their appeal to the Supreme Court to lift the ban on registration of 2000 CC plus diesel cars just before the three -judge bench headed by Chief Justice T S Thakur reserved its verdict after holding extensive hearings.

Former Kerala CM Achuthanandan’s Appeal for CBI Probe in Ice Cream Parlour Case dismissed

 Supreme Court of Indiaon Monday dismissed former Kerala Chief Minister and CPI(M) leader V. S. Achuthanandan’s Appeal against Kerala High Court Judgment rejecting his PIL for CBI investigation in the Ice Cream Parlour Case. The State Government ruled by LDF in Kerala has not changed the stand taken by the previous UDF Government. Senior Advocate KK Venugopal argued for the State Government opposing Achuthanandan’s Appeal stating that the case is politically motivated.

Sanction is mandatory prerequisite even when an additional Accused is added under Section 319CrPC

The Supreme Court in SURINDERJIT SINGH MAND VS. STATE OF PUNJAB  held that protection of ‘sanction’under Section 197 of the Criminal Procedure Code is not available to police officers accused of illegal detention and offences committed during the period before the formal-arrest is recorded. 

Railways must pay for roof travel deaths

The Apex Court ruled that the Railways will have to compensate for the death or injury sustained on account of travelling on the roof of a train even if the act of the person was illegal. The Supreme Court Bench made it clear while ordering the Central government to pay a compensation of Rs five lakh each to 19 youths who fatally hit a foot-over bridge while travelling on the roof of an express train five years ago. 

Govt. directed to extend 3% Reservation for disabled Persons in all posts

In a Landmark Judgment, Supreme Court of India directed the Government to extend the reservation for ‘persons with disability’ in all identified posts including Group A and Group B, irrespective of the mode of filling up of such posts.

One year limitation period applicable for suo-motu contempt proceedings as well

The Supreme Court in MAHESHWAR PERI VS. HIGH COURT OF JUDICATURE AT ALLAHABAD held that one year limitation period as provided in Section 20 of the Contempt of Courts Act also applies for Suo motu initiation of contempt proceedings by Supreme Court or High Court.

Appeal against acquittal of Salman Khan in 2002 hit and run case admitted

In a big relief to Maharashtra government, the supreme court on Tuesday admitted its appeal against the acquittal of Bollywood star Salman Khan in the 2002 hit and run case in December last year.

PIL on Clinical trial of anti-diarrhea vaccine Rotavac: Notice issued to Centre, DBT and CMC Vellore

On Tuesday, the Supreme Court issued notice to the Centre, Department of Bio-Technology (DBT) and Christian Medical College, Vellore in a PIL filed seeking complete centre-wise results of the clinical trial of anti-diarrhea vaccine Rotavac. Advocate Prashant Bhushan appeared for the Petitioner.

Akshardham Attack: compensation to acquitted persons refused

The Supreme Court on Tuesday refused to entertain a plea of six persons in the 2002 Akshardham terror attack caseas a bench of comprising Justices Dipak Misra and R Banumathi said it would set a “dangerous precedent if the acquitted persons are allowed to seek compensation for their wrongful arrest”.

CPCB directed to submit ATR in the Gujarat silicosis matter

The Supreme Court bench, comprising Justices Kurian Joseph and Rohintan Fali Nariman, directed the Central Pollution Control Board (CPCB) to submit its Action Taken Report on the suggestions to prevent the diseases due to pollution from stone crushing industries in Godhra, Gujarat within six weeks from June 30.

Urgent need to review regulatory mechanism for the legal profession

The Supreme Court in Mahipal Singh Rana vs. State of Uttar Pradesh, observed that there is an urgent need to review the provisions of the Advocates Act dealing with regulatory mechanism for the legal profession. Three Judge Bench comprising of Justices Anil R. Dave, Kurian Joseph and Adarsh Kumar Goel has requested the Law commission and Government of India to take appropriate steps in this regard.

Registration of Private Tour Operators for HAJ once made should be valid till 2017

The Supreme Court held that a registration for Private Tour Operators (PTOs) once made under the Government scheme should be valid till 2017, subject to fulfilment of other relevant stipulations under the scheme. 

Manipur Extra Judicial Killings: Allegation of excessive force by Police or Armed Forces must be thoroughly enquired into: SC

Supreme Court of India on Friday held that an allegation of excessive force resulting in the death of any person by the Manipur Police or the Armed forces in Manipur must be thoroughly enquired into. The Two Judge Bench also held that even while dealing with the ‘enemy’ the rule of law would apply and if there have been excesses beyond the call of duty, those members of the Manipur Police or the Armed forces who have committed the excesses which do not have a reasonable connection with the performance of their official duty would be liable to be proceeded against.

Kejriwal vsLG : SC refused to restrain Delhi HC from pronouncing verdict

AAP government in Delhi suffered a setback on Friday when the Supreme Court today turned down its plea to restrain the Delhi High Court from pronouncing verdicts on a batch of petitions for determining the powers of the government of Union Territory of Delhi and the Lt Governor Najeeb Jung.