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Supreme Court Weekly Round-Up

Ashok KM
20 Nov 2016 4:40 PM GMT
Supreme Court Weekly Round-Up
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Plaintiff Can Implead Proposed Purchasers Of Property In Suit For Specific Performance

The Supreme Court in Robin Ramjibhai Patel vs. Anandibai Rama @ RajaramPawar And Ors, reiterated that when the plaintiff wants to implead certain persons as defendants in a suit for specific performance on the ground that they may be adversely affected by the outcome of the suit, then interest of justice also requires allowing such a prayer for impleadment so that the persons likely to be affected are aware of the proceedings and may take appropriate defence as suited to their vendors.

Mere Non­-Filing Of Original/Certified Copy Of Arbitration Agreement Does Not Entail Dismissal Of Application For Reference

The Supreme Court in Ananthesh Bhakta vs. Nayana A. Bhakta, observed that filing of an application seeking reference to arbitration under Section 8(2) of the Arbitration and Conciliation Act, 1996, without producing original or certified copy of the arbitration agreement, shall not entail rejection of the application under Section 8(2), if the applicant brings the original arbitration agreement on record at the time when the court is considering the application.

Refusal To Answer Court Queries Isn’t Criminal Contempt

The Supreme Court in Kuldeep Kapoor & Ors vs. Court on its Motion, observed that a litigant refusing to answer a question put to him by the Court does not constitute criminal contempt of Court. 

Subsequent Bequest In Will Void If Absolute Bequest Has Been Made In Same Will

The Supreme Court in Madhuri Ghosh vs. Debobroto Dutta, reiterated the legal position that where an absolute bequest has been made in respect of certain property to certain persons in a Will, then a subsequent bequest made qua the same property later in the same Will to other persons will be of no effect. 

Subsequent Adoption Can’t Divest Any Person Of Estate Vested In Him Or Her Prior To Adoption

The Apex Court in Saheb Reddy vs. Sharanappa, reiterated the legal position that an adopted child cannot divest any person of any estate which was vested in him or her before the adoption.

Pendency Of Liquidation Case Against Credit Society Doesn’t Bar Its Committee Members From Other Duties

The Apex Court in Vineshkumar Mavjibhai Parmar Vs. Dethali Gopalak Vividh Karyakari Sahakari Mandali Ltd, held that Managing Committee members of Credit Societies, against which there is an ‘interim order’ of winding up, cannot be debarred from participating in the election process of an agricultural produce marketing committee constituted under the Gujarat Agricultural Produce Markets Act, 1963.

Not Placing An Ordinance In The Legislature Is Fraudulent

The Supreme Court Constitution Bench on Thursday reserved its judgment in the case of Krishna Kumar Singh v State of Bihar, after grilling the counsel on both the sides on the propriety of promulgating an ordinance, and not placing it in the legislature to seek its approval, within the prescribed period. 

Dowry Death: Ingredients Shall Be Proved By Prosecution Beyond Reasonable Doubt To Invoke Presumption

A two-judge bench of the Supreme Court reiterated that one of the essential ingredients of dowry death under Section 304B of the Penal Code is that the accused must have subjected the woman to cruelty in connection with demand for dowry soon before her death and that this ingredient has to be proved by the prosecution beyond reasonable doubt and only then the court will presume that the accused has committed the offence of dowry death under Section 113B of the Indian Evidence Act.

BIFR, AAIFR Not Competent To Issue Directions To Non-Sick Industrial Company

The Supreme Court in President J.K. Synthetics Mazdoor Union, Kota vs. Arfat Petrochemicals Pvt. Ltd., reiterated that the Board for Industrial and Financial Reconstruction (BIFR) has no competence to issue directions under Section 22A of the Sick Industrial Companies (Special Provisions) Act, 1985, to a company that is not a sick industrial company.

Forming Opinion On Punishment Before Giving Chance To Delinquent To Reply On Inquiry Report Violates Natural Justice

The Supreme Court in HP State Electricity Board Ltd vs Mahesh Dahiya, observed that in disciplinary proceedings, before making opinion with regard to punishment which is to be imposed on a delinquent, the delinquent has to be given an opportunity to submit representation/reply on the inquiry report which finds a charge proved against the delinquent.

Jallikattu Ban: TN Govt’s Review Plea Dismissed

In a major blow to the Tamil Nadu government, the Supreme Court on Tuesday turned down its review plea to lift the ban centuries old Jallikattu or bull fighting in the state. A bench headed by Justice Dipak Misra said it found no ground for a review.


“We Are Not Interfering But People Should Not Suffer At Any Cost”

The Supreme Court on Tuesday refused to interfere with the central government’s decision to demonetise Rs 1,000 and Rs 500 currency notes but sought an affidavit as to what urgent extra measures can be taken to put an end to the severe inconvenience people faced.

“People Are Frantic. Speed Up Relief Measures”

On Friday the Court said public seemed to be frantic due to the currency crunch following the demonetisation of Rs 500 and Rs 1000 notes and asked centre to take all measures to alleviate the sufferings of people.

Principles Governing Grant Of Leave Elucidated To Defend A Summary Suit

The Supreme Court in IDBI Trusteeship Services Ltd. Vs. Hubtown Ltd, restated the principles governing the grant of leave to defend a Summary suit as per amended Order XXXVII Rule 3 of the Code of Civil Procedure.

AG’s Assistance Sought To Decide The Liability Of Intermediaries For The Content In Social Media

The Supreme Court bench comprising Justices Dipak Misra and Amitava Roy on November 10, directed that Attorney General, MukulRohatgi, be intimated to assist the Court in a case involving the liability of intermediaries like Google, for the content posted on their sites by the account holders. 

Microsoft, Google And Yahoo Directed To Drop Foetal Sex Test Advertisements Immediately

Supreme Court on Wednesday directed Microsoft, Google and Yahoo to block all pre-natal sex determination advertisements hosted by them as it was a violation of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 as per which sex determination of the foetus is prohibited in India. 

Kerala Vigilante Groups Slammed For Encouraging Killing Of Stray Dogs; State Asked To File Criminal Cases

The Supreme Court on Thursday lashed out against vigilante groups in Kerala indulging in culling of dogs and also encouraging the illegal act and asked the state government to take strict action against them including lodging of criminal cases. 

SC May Refer The 1978 Bangalore Water Supply Judgment For Reconsideration By A Nine-Judge Bench

The Supreme Court’s seven-Judge Constitution bench, which on Thursday heard arguments on whether to refer Justice Krishna Iyer’s landmark judgment in Bangalore Water Supply case for reconsideration by a nine-Judge bench, reserved its decision.

PIL Seeking AIJS/National Commission On The Lines Of UPSC For Judges’ Appointments

A public interest litigation has been filed in the Supreme Court seeking the establishment of the National Judicial Service Commission on the lines of Union Public Service Commission.

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