Supreme Court Weekly Round-Up

Cap of 14 Years Rule on aggregate Punishment is not applicable to Sessions CourtThe Constitution Bench of Supreme of India on Wednesday finally corrected the wrong interpretation given to Section 31(2) of Code of Criminal Procedure Code, by holding that the cap of 14 years Rule on aggregate punishment is not applicable to Sessions Court.No private bus operator can operate on notified Area/Route though the permit covered that area/RouteA Constitution bench of the Apex Court in G.T. Venkataswamy Reddy vs. State Transport Authority held that no private Bus operator can operate his vehicle on any part or portion of a notified area or notified route unless authorized so to do by the term of the scheme itself. The Bench said that the private operators may not operate on any part or portion of the notified Route or Area on the mere ground that the permit as originally granted to him covered the notified Route or Area. Access to Justice is a fundamental right guaranteed under Article 14 & 21 of ConstitutionThe Constitution Bench of the Supreme Court held that access to Justice is a Fundamental Right guaranteed to citizens by Article 14 and Article 21 of the Constitution of India. SC clean chit to Aamir Khan, SatyamevJayateThe Supreme Court on Friday dismissed a petition filed against Bollywood Superstar Aamir Khan and his production house for allegedly using the national emblem in an improper manner in his TV show ‘SatyamevJayate’ and making “commercial gains” out of it. Judicial process not an answer to every social ill: SCSupreme Court of India on Friday dismissed a Public Interest Litigation filed by Mrs Santosh Singh, an Advocate-on-record, seeking a direction for the inclusion of moral science as a compulsory subject in the syllabus of school education from classes I to XII “in order to inculcate moral values and nurture national character in the national interest”.NCDRC Order which held Land owner who entered into agreement with builder for construction is not a Consumer, quashedSetting aside the orders of National and State Consumer Disputes Redressal Commissions which had held that a complainant land owner who entered into an agreement with a builder for construction and sharing flats, is not a ‘consumer’ since there was an intention to sell them and let them on rent and earn profit, the Supreme Court (BUNGA DANIEL BABU VS. M/S SRI VASUDEVA CONSTRUCTIONS) held that such an approach is erroneous.Application for rejection of plaint can be filed at any stage and it shall be disposed before proceeding with trialApplication for Rejection of Plaint under Order VII Rule 11 of the Code of Civil Procedure can be filed at any stage and the Court has to dispose of the same before proceeding with the trial, the Apex Court reiterated in R. K. ROJA VS. U. S. RAYUDU AND ANOTHER. Multiple Life Sentences will run concurrently, Remission of one will not affect the other: SC The Constitution Bench of the Supreme Court of India on Tuesday categorically held that while multiple sentences for imprisonment for life can be awarded for multiple murders or other offences punishable with imprisonment for life, the life sentences so awarded cannot be directed to run consecutively. The Bench further clarified that such sentences would, however, be super imposed over each other so that any remission or commutation granted by the competent authority in one does not ipso facto result in remission of the sentence awarded to the prisoner for the other. SC can transfer cases from Jammu & Kashmir Courts to courts outside it and vice versaThe Constitution Bench of the Supreme Court held that Supreme Court can, by invoking Article 32, 136 and 142 of the Constitution is empowered to transfer a case from a Court in the State of Jammu and Kashmir to a Court outside the State or vice versa. The five Judges Bench comprising of Chief Justice of India Dr. T.S. Thakur, Justices Fakkir Mohamed Ibrahim Kalifulla, A.K. Sikri, S.A. Bobde, and R. Banumathi further made an important observation that Access to Justice is guaranteed to citizens by Article 14 and Article 21 of the Constitution of India. Union and States directed to consider prohibition of use, sale and disposal of Plastic bagsDirecting the Union and State Governments to consider prayers in a Writ Petition filed by Karuna Society for Animals & Nature, seeking prohibition of use, sale and disposal of plastic bags in all municipalities and municipal corporations, the Supreme Court observed that ‘the situation is very alarming’.Suppression of Information by Employees/Candidates: Guidelines issuedA Three Judges Bench of the Supreme Court Avtar Singh vs. Union of India, summarized the principles to be followed by Employers while dealing with issues related to suppression of information or submitting false information in the verification form by employees/candidates as to the question of having been criminally prosecuted, arrested or as to pendency of a criminal case. No minister, civil servant, 70+...

Supreme Court Weekly Round-Up

Ashok KM

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