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Supreme Court Weekly Round-Up

Ashok KM
24 July 2016 2:10 PM GMT
Supreme Court Weekly Round-Up
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Cap of 14 Years Rule on aggregate Punishment is not applicable to Sessions Court

The 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/Route

A 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 Constitution

The 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, SatyamevJayate

The 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: SC

Supreme 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, quashed

Setting 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 trial

Application 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 versa

The 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 bags

Directing 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 issued

A 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+ members in BCCI: SC

The Chief Justice-led bench of the Supreme Court on Monday accepted Justice R M Lodha panel’s recommendations aimed at sweeping reforms in the functioning of the BCCI almost in toto which also meant that no minister and civil servant can become a member in the BCCI.

Petition against Sachin Tendulkar’s Bharat Ratna

Supreme Court of India dismissed a Special Leave Petition filed against the order passed by the Division Bench of Madhya Pradesh High Court whereby it dismissed a PIL alleging misuse of ‘Bharat Ratna’ in commercial advertisements by Sachin Tendulkar.

Rape and Murder of 4 year old: SC to hear review pleas of Death row convict

The Apex Court agreed to have a re-look at death sentence awarded to one Vasanta Sampat Dupare who was convicted for rape and murder of a 4 year old. The Bench will hear his review plea against its judgment delivered in 2014 wherein his death penalty awarded by Bombay High Court was affirmed.

Cured persons languish in Mental Hospitals, notice issued to 6 states

The Supreme Court on Monday issued notices to six states on a petition seeking release of nearly 300 persons, who are still languishing in mental hospitals in Uttar Pradesh, some of them for several years, despite being cured of their ailments.

Centre given four months to decide how to ensure the right to franchise of the armed forces personnel and their families

The Supreme Court bench asked the Centre to decide within four months, how to ensure that all army personnel, serving in the far-flung areas are not deprived of their right to vote, keeping in mind the Constitutional mandate in this regard.  Currently, a committee of Union Ministers constituted for the purpose, is examining this issue, and is likely to submit a report to the Government.

Banning of Killer kite strings; Matter left to NGT

The Supreme Court asked petitioners in a PIL which sought countrywide ban of nylon, synthetic or glass-coated strings called the “Chinese manjha” used for flying kites as it resulted in more than 50 deaths in the last two years, to approach the National Green Tribunal with their plea.

 No SC relief for Rahul in defamation case filed by RSS Activist

The Supreme Court on Tuesday refused relief to Congress Vice President Rahul Gandhi who is facing a defamation case for allegedly blaming the RSS for assassination of Mahatma Gandhi, during an election campaign in Maharashtra before the 2014 Lok Sabha polls.

Disqualified Uttarakhand MLAs fail to get relief from SC

Nine disqualified Uttarakhand MLAs who have sought a stay on their disqualification and permission to participate in the assembly session, commencing from July 21 in Dehradun are refused any interim relief by the Supreme Court on Wednesday. 

Notice issued on rape victim’s plea for aborting 24-week-old foetus

The Supreme Court on Thursday issued notice to the Centre and Maharashtra government on the urgent plea of an alleged rape victim seeking an extra ordinary permission to terminate her 24 week old foetus.

On Friday, the Court ordered the Maharashtra government to set up a medical board to examine the rape survivor who is seeking an extra ordinary permission to terminate her 24 week old foetus.

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