Supreme Court Weekly Round-Up

Supreme Court Weekly Round-Up

Adopted son no less than a natural son to inherit his father’s properties

Supreme Court, in Pawan Kumar Pathak vs. Mohan Prasad has reiterated that an adopted son is no less than a natural son, when it comes to claiming the right to inherit the properties of his father.

Lifer to Wife Murderer

Reversing the High Court order acquitting a man accused of murdering his wife by administering poison, the Supreme Court has restored the judgement of the trial court wherein and sentenced the accused to life imprisonment.

An erroneous decision on a pure ‘question of law’ does not operate as ‘res judicata’

A two Judge Bench of the Supreme Court held that previous proceedings would operate as res judicata only in respect of issues of facts and not on issues of pure questions of law when the subsequent suit or proceeding is based upon a different cause of action and in respect of different property though between the same parties.

The occupation of education cannot be treated at par with other economic activities; SC

A Constitution Bench of the Supreme Court of India on Monday, upheld the constitutional Validity of M.P. Niji Vyavasayik Shikshan Sanstha (Pravesh Ka Viniyaman Avam Shulk Ka Nirdharan) Adhiniyam, 2007 (M.P. Act No.21 of 2007) and various Rules enacted by the Madhya Pradesh Government primarily to regulate the admission of students, fixation of fee and reservation in Post Graduate Courses in Private Professional Educational Institutions in the State.

Relief to Freedom fighter’s daughter who was denied pension for having a son born out of extra marital relationship

Daughter of a freedom fighter from Kerala, who was denied pension citing that she, though unmarried and had no income, but had a son of age twenty five, born of an extra-marital relationship, got relief from Supreme Court of India as the Court held that she is eligible to get the pension under the Kerala Freedom Fighters’ Pension Rules, 1971.

BCCI Constitution is incapable of achieving transparency, objectivity and accountability; SC

Continuing to slam the BCCI, the Supreme Court on Tuesday said that the constitution of BCCI is highly incapable of achieving the values of transparency, objectivity and accountability. 

Govt. shall not issue any ownership certificate to Elephant Owners; SC

Supreme Court of India on Wednesday directed that the Government of Kerala shall not issue any ownership certificate to any of the persons in possession of elephants. The Bench, comprising of Justice Dipak Misra and Justice S.K. Singh also directed that persons who are in possession of elephants shall not transfer the elephants outside the State nor shall they part with the elephants by way of transfer in any manner.

Bihar Govt directed to reinstate police constable who was terminated 15 years after his appointment

The apex court directed the Bihar Government to reinstate a police constable who was terminated by the Government fifteen years after his appointment on compassionate grounds. 

SC refuses to stay large size pictorial warnings on Tobacco products

The Supreme Court on Wednesday refused to stay the Union Health Ministry directive on increasing the size of pictorial warnings on packets of tobacco products which meant that all companies will have to implement it forthwith.

NEET: ‘NO’ to separate Entrance Tests by Private Medical Colleges

In a huge disappointment to Private Medical colleges, deemed universities and associations the Apex Court today, categorically told them, that they will not be allowed to hold their own undergraduate medical and dental entrance exams and will have to strictly comply with National Eligibility-cum-Entrance Test (NEET) 2016-17. With regard to the question of admission to State Medical colleges, the Centre has sought time to consult it with the states, which the Court granted.

SC imposes 5 Cr Cost on KIMS for playing with future of students

Coming down heavily on Kalinga Institute of Medical Sciences (KIMS) for venturing adventurist litigation and playing with future of students, the Apex Court  directed the Medical council of India to restrain it from increasing the intake of students from 100 students to 150 students for thecourse for the academic year 2016-17 and 2017-2018.

The Supreme Court said that it finds very odd that the Union of India is claiming privilege under Section 123 and 124 of the Evidence Act, with respect to an enquiry report concerning the allegations of sexual harassment by RAW officials.

SC orders Uttarakhand floor test on May 10

The Supreme Court on Thursday ordered a floor test monitored by it in Uttarakhand assembly to end the constitutional impasse after the Centre agreed to it.

FIR uploading in police websites

Supreme Court of India on Monday  issued notice to Centre and all State Governments on a PIL seeking uploading of First Information Report in Police websites within 24 hours of its registration.

On Augusta Westland

The Supreme Court on Thursday issued notices to Centre and CBI on a Public Interest Litigation filed by a lawyer for prosecution of political leaders, defence officials named in the Italian court order in Augusta Westland case.

Gujarat Govt. directed to compensate MP workers who died as a result of Silicosis

In a landmark decision on Wednesday, the Supreme Court bench directed the Gujarat Government to deposit Rs.3 lakhs each to the kin of 238 workers from Madhya Pradesh, who lost their lives due to Silicosis, an occupational disease, which they contracted while working in stone crushing in Gujarat’s Godhra district.

SC relief to Territorial Army man’s widow

Supreme Court, by invoking powers under Article 142 of the Constitution asked the Government to pay an exgratia amount of rupees ten lakhs to a widow of Territorial Army personnel.