Supreme Court Weekly Round-Up
Magistrate Must Do Inquiry/Investigation Before Summoning Accused Residing In Far-Off Place
The 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 Tax
A 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 Hour
Exhorting 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 India
In 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 Exemption
The 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 Highways
In 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 Frisking
The 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 Beard
The 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 Contempt
The 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 Upheld
The 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 Quashed
The 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 Changed
The 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. This observation was made while disposing of a writ petition filed by a lawyer, Karma Dorjee, highlighting the discrimination prevalent in society against citizens from the north-eastern states.
National Action Plan Ordered To Save Children From Substance Abuse
The Supreme Court on Wednesday directed the Centre to formulate within six months a National Action Plan for children addicted to alcohol, tobacco, drugs and suffering from other substance abuse.
Bulandshahr Rape: Azam’s Apology Accepted
The Supreme Court on Friday accepted Uttar Pradesh minister and Samajwadi Party leader Azam Khan’s apology for calling a Bulandshahr gang rape a “political conspiracy”.
LG Vs Kejri: Elected Govt Should Have Some Powers Otherwise It Can’t Function
After three adjournments, the Supreme Court on Wednesday finally began hearing the appeals filed by Delhi’s Kejriwal government against the August 4 verdict of the Delhi High Court which concluded that the national capital was a union territory and gave primacy to Lt Governor Najeeb Jung in its administration.
Rajiv Gandhi Assassination Case: Notice to CBI on Convict’s Plea for Further Probe
A two-judge bench of the Supreme Court on Wednesday issued a notice to the CBI on a petition filed by Perarivalan, a convict in the Rajiv Gandhi assassination case, seeking further investigation into the conspiracy behind the incident.
Justice Khalifulla Appointed As Sole Arbitrator in Dispute Between US, Turkey Firms
A two-judge bench of the Supreme Court on Wednesday appointed Justice FM Ibrahim Kalifulla, former judge of the Supreme Court, to act as a sole arbitrator in a dispute between Mears Group INC and Fernas Insaat AS (Fernas Construction Company INC).
SC Stresses On Proper Implementation of Mental Health Act
The Supreme Court stressed upon the responsibility for the proper implementation of the Mental Health Act. Recently, the apex court went to the extent of explaining in detail the content of the two legislations dealing with mental health, i.e., Mental Health Act 1987, and the Persons with Disabilities (Equal opportunities, Protection of Rights and Full Participation) Act 1995.
Demonetisation: SC Refuses To Intervene; 5 Judge Bench To Examine Validity
The Supreme Court on Friday refused to intervene on the issue of extension of the order on depositing old Rs 500 and Rs 1000 denominations after December 30, continued use of old currency for some essential services like hospitals and crematorium and exempting district central cooperative banks from accepting deposits saying government was the best judge and did not want to interfere in fiscal policy.
Breaking; SC Refuses To Quash Parliament Resolution Against Justice Katju
Former Supreme Court judge Markandeya Katju suffered yet another blow from the apex court which on Thursday refused to quash the March 2015 resolution by both houses of parliament against him for describing Gandhi as a British agent and Netaji as a Japanese agent in a blog.
Selection Of BJP Vice President As NHRC Member: Notice Issued To Centre
Supreme Court bench of justices Pinaki Chandra Ghose and Uday Umesh Lalit, on December 16, issued notice to the Centre on a petition filed by a student from NOIDA, Anupriya Nagori, challenging the selection of the BJP vice-president, Avinash Rai Khanna, as Member of the National Human Rights Commission (NHRC), and posted it for further hearing on January 9, 2017.
SC Cannot Be Made A Political Arena : CJI To “BJP Spokesperson” PIL Lawyer
Dismissing his fresh PIL seeking a National Liqour Policy to curb alcohol consumption, Chief Justice T S Thakur on Friday asked petitioner, lawyer and BJP Spokesperson Ashwini Upadhyaya “not to make the court a political arena”.
SC Hints Contempt, Perjury Proceedings Against BCCI Chief Anurag Thakur
Supreme Court’s patience over sustained non-compliance of the Lodha panel reforms by BCCI ran out on Tursday with Chief Justice T S Thakur led bench warned to initiate contempt proceedings against its President Anurag Thakur for continued stonewalling of the reforms and open defiance of the apex court directions.
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