Supreme Court Weekly Round-Up

Seeking Votes In The Name Of Religion Corrupt PracticeDelivering a landmark ruling, the Supreme Court on Monday held that seeking votes in the name of religion, caste or community amounted to corrupt practice and election of a candidate who indulged in it can be set aside. A seven judge constitution bench of the court headed by Chief Justice T S Thakur passed the ruling by a 4:3 majority. The bench was interpreting section 123(3) of the Representation of Peoples Act.Provisions Of Deemed Dividend Are Attracted If HUF Gets Payment And Shareholder Is Its Member With Substantial InterestThe Supreme Court in Gopal and Sons(HUF) vs. CIT Kolkata-XI held that even if a Hindu Undivided Family (HUF) itself is not a registered shareholder, the provisions of deemed dividend are attracted once the payment is received by the HUF, and shareholder is a member of the said HUF and has substantial interest in it.Placing Ordinance before Legislature Mandatory; Re-promulgation Fraud On ConstitutionA seven-judge Constitution Bench of the Supreme Court in Krishna Kumar Singh vs. State of Bihar held that re-promulgation of ordinances is a fraud on the Constitution and a subversion of democratic legislative processes. The court also held that the satisfaction of the President under Article 123 and of the Governor under Article 213 while issuing ordinances is not immune from judicial review.Non-Disclosure Of Material Facts, Sans Intent To Deceive, Won’t Render A Decree FraudulentThe Supreme Court in Harjas Rai Makhijavs..Pushparani Jain, held that a mere concealment of material facts or non-disclosure, without intent to deceive or a bald allegation of fraud without proof and intent to deceive, would not render a decree obtained by a party as fraudulent. Result Of Case Can’t Be Announced Without Judgment Available On RecordThe Supreme Court on Friday ruled that the result of adjudication cannot be announced without the judgment available on record. A two-judge bench comprising Justice Dipak Misra and Justice Amitava Roy held that the non-availability of judgment can never be a judgment because there is no declaration by way of pronouncement in the open court that the accused has been convicted or acquitted.HC Can’t Initiate Proceedings Or Punish For Contempt Of Supreme CourtA High Court cannot initiate contempt proceedings or punish for contempt of the Supreme Court, the apex court held in an important pronouncement on Monday in Vitusah Oberoi vs Court of Its Own Motion. A Bench headed by Chief Justice of India TS Thakur set aside an order of division bench of Delhi High Court, which found editors and cartoonists of Mid-Day newspaper guilty of contempt for maligning the former Chief Justice of India. The High court had suo motu initiated contempt after an advocate brought such cartoons and news reports to its notice.Persons Holding Premises Gratuitously Won’t Acquire Any Legal Right On The PropertyThe Supreme Court, in Behram Tejani vs. Azeem Jagani,reiterated that a person holding the premises gratuitously or in the capacity as a caretaker or a servant would not acquire any right or interest on the property and even long possession in that capacity would be of no legal consequences.HC Can Interfere With ‘Flawed’ Disciplinary EnquiryThe Supreme Court in Allahabad Bank vs. Krishna Narayan Tewari, held that a high court can interfere with disciplinary enquiry if the enquiry itself is flawed, unsupported by any evidence and is conducted in violation of principles of natural justice.Contempt Proceedings Against Katju Dropped After Accepting His ApologyA bench headed by Justice Ranjan Gogoi of the Supreme Court on Friday dropped the contempt proceedings against former Supreme Court judge Justice Markandeya Katju pertaining to certain blogs he had written against the bench in sensational Soumya case after accepting his unconditional apology.10 Directions Issued in #BCCI CaseThe Supreme Court on Monday removed BCCI President Anurag Thakur and Secretary Ajay Shirke for continued defiance regarding implementation of Lodha panel reforms and issued DirectionsHC Can’t Restrain Police From Arresting Accused, While Declining To Quash CaseThe Supreme Court in State of Telangana vs. Habib Abdullah Jeelani & Ors. held that a high court, while refusing to exercise inherent powers under Section 482 of the Code of Criminal Procedure to interfere in an application for quashment of the investigation, cannot restrain the investigating agencies from arresting the accused during the course of investigation.Porters In Indian Army Should Be Paid Minimum Wages At Par With Multi-Tasking StaffDirecting the Central government to review minimum wages to the porters so that they are paid wages at par at the lowest pay-scale applicable to multi-tasking staff, the Supreme Court in Yash Pal v. Union of India, observed that they provide valuable support to the Indian Army and are an integral, if not indispensable, requirement of operations in the border areas.COFEPOSA:...

Supreme Court Weekly Round-Up

Ashok KM

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