Supreme Court Weekly Round-Up

Taking Cognizance without sanction after asking CBI to file sanction Order does not amount to ReviewThe Supreme Court observed that, an order of a Court refusing to summon the accused for want of sanction, and thereby directing the prosecution to file sanction orders, does not amount to ‘final order’, but only a ‘deferment’. The Apex court bench also observed that, in such a case, if the court, takes cognizance at a later stage upon agreement with the prosecution that no such sanction is required, it does not amount to ‘review’.Courts not powerless to allow amendment to a Complaint under Domestic Violence ActThe Apex Court held that a complaint or petition under Domestic Violence Act can be amended and court is not powerless to allow such amendment applications. The Bench dismissed an appeal against High Court Judgment which had upheld the Trial Court order allowing amendment of the complaint under Domestic Violence Act to include additional prayers.The Compliance of principles of natural justice in disciplinary proceedings not a mere formalityThe Supreme Court held that the compliance of principles of natural justice by the Employers in Disciplinary proceedings is not a mere formality, especially when the statutory provisions specifically provides that disciplinary proceedings shall be conducted with due observations of the principles of natural justice.High court should assign reasons while rejecting applications for leave to appealThe Supreme Court reiterated that a High Court, while passing orders rejecting the application for leave to appeal before it under Section 378 (3) of the Code of Criminal Procedure, should assign reasons for such rejection.Response from Patna HC Registry sought on a plea against District Judges examinationThe Supreme Court sought response from the Patna High Court Registry on a petition filed by 46 unsuccessful candidates of the District Judges examination, 2015 who sought setting aside of the final result on the ground that the interview process was vitiated. Rajasthan Govt directed to serve summons to an accused-respondent in person, before hearing its appeal against his acquittalThe Vacation bench of the apex court on Thursday directed the Rajasthan Government to serve summons on the respondent-accused in person, in accordance with S.62 of CrPC. “Steps be taken to enable the service to be effected”, the bench noted in its brief order. UP Govt’s appeal against Allahabad HC’s direction dismissed Supreme Court’s Vacation Bench on Wednesday dismissed Uttar Pradesh Government’s SLP against the direction issued by the Allahabad High Court in 2013 to provide job reservation for the dependents of freedom fighters in letter and spirit.Transfer of police officials by Punjab and Haryana HC in a habeas corpus case stayedThe vacation bench of the Supreme Court on Tuesday stayed the transfer of police officers/District Magistrate in Kurukshetra, Haryana by the Punjab and Haryana High Court, in a habeas corpus case, accepting the plea of Haryana’s counsel, Additional Solicitor General, Tushar Mehta. Mere choosing of the juridical seat of Arbitration attracts the law applicable to such locationThe Supreme Court reiterated that held that mere choosing of the juridical seat of Arbitration attracts the law applicable to such location and it would not be necessary to specify which law would apply to the Arbitration proceedings, since the law of the particular country would apply ipso jure.Bar Councils directed to conclude all ‘verification’ proceedings before 30 JuneThe Supreme Court directed all the State Bar Councils to take necessary steps and to conclude all ‘verification ‘proceedings by 30.06.2016 and send a reply to the Bar Council of India.9 Judges Bench of SC to hear the Validity of States’ law on Goods Entry Tax from 3rd Week of JulyA three Judge Bench of the Supreme Court has on Tuesday, made it clear that all the matters relating to the States’ Goods Entry Tax will be heard by a Nine Bench Judge in the week commencing 18th July, 2016. Many Companies including Vedanta and Reliance have challenged entry tax provisions of various states on the ground that they are inconsistent with Article 301 of the Constitution of India which deals with Freedom of trade commerce and intercourse.30 Private Tour Operators directed to apply for Hajj permit before the Ministry of External AffairsThe Supreme Court of India on Thursday permitted thirty private tour operators to apply for Hajj permit before the Ministry of External Affairs. Fresh applications, along with all necessary details have been directed to be filed on or before May 27.

Supreme Court Weekly Round-Up

Ashok KM

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