Supreme Court Weekly Round-Up

Magistrate Must Do Inquiry/Investigation Before Summoning Accused Residing In Far-Off PlaceThe Supreme Court in Abhijit Pawar vs. Hemant Madhukar Nimbalkar, emphasised that in cases where the accused is residing at a place beyond the area in which the magistrate exercises his jurisdiction, it is mandatory on the part of the magistrate to conduct an inquiry or investigation before issuing the process.Mobile Towers Come Within Ambit Of ‘Land And Building’ For Levying Property TaxA two judge bench of the Supreme Court in Ahmedabad Municipal Corporation v GTL Infrastructure Ltd. & Ors. Etc. held that mobile towers come within the fold of ‘land and building’ appearing in 21 Entry 49 List II of the Seventh Schedule of the Constitution and can be termed as a ‘building’ for the purposes of levy of property tax.Jammu & Kashmir Has No Vestige Of Sovereignty Outside The Constitution of India In a landmark judgment on cooperative federalism and legislative relations between the State of Jammu & Kashmir (J&K) and the Union of India, a two judge bench of the Supreme Court set aside the Jammu and Kashmir High Court’s judgment which had held that various key provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 were outside the legislative competence of Parliament, as they collided with Section 140 of the Transfer of Property Act of Jammu & Kashmir, 1920. The bench also rejected the J&K High Court’s view that the J&K Constitution was equal to the Constitution of India. Survivor-Centric Approach Towards Rape Victims Is Need Of The HourExhorting to bring significant reforms in the criminal justice system, the Supreme Court, in State of Himachal Pradesh vs Sanjay Kumar @ Sunny, mooted for a ‘survivor-centric approach’ towards victims of sexual violence, particularly children, keeping in view the traumatic long lasting effects on such victims.Two Tier Arbitration Procedure Permissible Under The Laws Of IndiaIn a landmark judgment accepting the concept of ‘two tier arbitration’ or ‘second instance arbitration’, a three judge bench of the Supreme Court answering a reference made in 2006 due to divergence of opinions between Justice S.B.Sinha and Tarun Chatterjee, held that arbitration clauses which provide for a two- step arbitration process are valid under Indian arbitral jurisprudence.Section 10A Of Income Tax Act Is Provision For Deduction, Not ExemptionThe Supreme Court, in CIT vs M/S Yokogawa India Ltd, held that Section 10A of the Income Tax Act is a provision for deduction and not exemption. However, the court clarified that the stage of deduction would be while computing the gross total income of the eligible undertaking and not at the stage of computation of the total income.SC Bans Liqour Shops Along National, State HighwaysIn a significant decision, Supreme Court on Thursday ordered closure of all liqour shops along National and state highways stressing on the need to improve road safety and curb menace of drunken driving.High Court Judges Not Exempt From Airport FriskingThe Supreme Court set aside a Rajasthan High Court order which had directed the Union Government to exempt judges of the high court from pre-embarkation security checks.Muslim IAF Personnel Can’t Grow BeardThe Supreme Court on Thursday ruled that Muslims working in Indian Air Force cannot grow beard. A three-judge bench comprising Chief Justice TS Thakur, Justice DY Chandrachud and Justice Justice L Nageswara Rao dismissed an appeal filed by Mohammed Zubair against the judgment of Punjab and Haryana High Court, wherein the division bench held that maintaining a beard was not an integral part of the religion professed by Zubair.527 Days In Hospital To Evade Arrest: Doctors Held Guilty Of ContemptThe Supreme Court, in Sita Ram vs. Balbir, held two medical professionals guilty of contempt for granting medical asylum to an accused, without there being any reason or medical condition justifying his prolonged admission as an indoor patient.Life Term Of Accused Persons For Murder Of 8 Family Members UpheldThe Supreme Court upheld the life imprisonment awarded to persons convicted for killing eight members of a family, including a one-and-half year-old infant.Charges Against Baazee.Com Manager In MMS Scam QuashedThe Supreme Court on Wednesday quashed criminal proceedings against Baazee.com’s senior manager Sharat Babu Digumarti in DPS-MMS scam. Justice Dipak Mishra and Justice PC Pant set aside the Delhi High Court judgment against him, holding that the high court has fallen into error that though charge has not been made out under Section 67 of the Information Technology Act, yet he could be proceeded under Section 292 of the Indian Penal Code. Mind-Set Against Citizens From North East Should Be ChangedThe Supreme Court asked the Union Ministry of Home Affairs to take proactive steps to monitor the redressal of issues pertaining to racial discrimination faced by citizens from the North-East....

Supreme Court Weekly Round-Up

Ashok KM

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