Supreme Court Weekly Round-Up

Magistrate Can’t Order Further Investigation At Post Cognizance StageA two Judge bench of the Supreme Court on Thursday held that Magistrate cannot order further investigation after the cognizance has been taken, process has been issued and accused has entered appearance in response thereto.Right To Private Defence Is Available Even When There Is Reasonable Apprehension Of Danger To LifeThe Supreme Court, in Suresh Singhal vs. State, held that a mere reasonable apprehension of danger to life is enough to put the right of self-defence into operation and it is not necessary that there should be an actual commission of the offence in order to give rise to the right of private defence.Appointment Of Principal In Minority Institution Open To Judicial ReviewSupreme Court of India on Wednesday held that the process of appointment of a principal in minority institution is open to judicial review. The was hearing an appeal filed by Mrs. Ivy C.DA. Conceicao against the Judgment of Bombay High Court at Goa whereby the High Court rejected her writ petition challenging the appointment of Principal in Rosary Higher Secondary School run by Diocesan Society.Formulate Policy To Eradicate Leprosy In A Month : SC To CentreActing on a visually challenged lawyer Pankaj Sinha’s petition, the Supreme Court on Friday directed the Centre to formulate a policy to eradicate leprosy and asked it to file the scheme before the court in four weeks after taking on board all states also.Death Penalty Of BSF Ex-Head Constable Balbir Singh Stayed For 6 MonthsThe Supreme Court stayed death penalty awarded to former BSF head constable Balbir Singh, who was found guilty of murdering his senior officer. A bench comprising Justice Dipak Misra and Justice UU Lalit granted six months’ stay on his execution, permitting him to challenge the orders passed by the competent authority, as also the court martial proceedings.Retrial Can Be Ordered Only In Exceptional CasesThe Supreme Court on Tuesday ruled that an order for retrial may be passed only in exceptional cases, where the appellate court is satisfied that an omission or irregularity has occasioned in failure of justice.Three Persons Shall Represent BCCI In ICC MeetOn a plea for clarity by the BCCI, the Supreme Court on wednesday said that all three persons — CEO of IDBI bank Vikram Limaye and board officials Amitabh Chaudhary and Anirudh Chaudhary authorised by it on January 30 will represent the Board in the crucial International Cricket Council (ICC) meeting in Dubai.Compensation Ordered By Himachal HC To Teenager For Getting Electrocuted ReducedSupreme Court reduced the amount of compensation awarded to a teenager by the Himachal Pradesh High Court by 35 lakhs. The boy was fully paralysed after getting electrocuted by a high tension live wire.Officer’s ACR Is Part Of His ‘Service Record’The Supreme Court, in P Sivanandi vs Rajeev Kumar, held that the Annual Confidential Report (ACR) of an officer forms a part of his ‘service record’. The bench also held that the ACR could not be ignored for the purposes of his promotion merely on the ground that it was written after some delay, as no prejudice is caused to the officer.Is Monetary Compensation Sole Remedy For Wrongful Deprivation Of Admission? Matter Refered To Larger BenchCan compensation be an adequate or sole remedy for wrongful deprivation of admission, a Supreme Court Bench comprising Justice Dipak Misra and Justice RF Nariman, in S. Krishna Sradha vs. State Of Andhra Pradesh, asked itself while referring to the correctness of Chandigarh Administration case for re-consideration by a larger bench. Jallikattu: SC Refuses To stay New TN Ordinance, Slams Govt. For Violation Of SC Judgment After an hour-long stormy hearing, the Supreme Court on Tuesday did not stay the new law brought in by the Tamil Nadu government to allow the bull taming sport but slammed the state government for failing to maintain law and order during the protests and also allowing “willful violation” of the apex court orders.Bail To Asaram Denied , Directed Registration Of FIR For Fake RTI Reply, Costs ImposedIt was a bad day for the self-styled godman, Asaram, who sought Supreme Court’s indulgence to grant him regular bail in the case involving sexual assault of a minor girl, and an interim bail on medical grounds. The Supreme Court bench of the Chief Justice of India, Justice J.S.Khehar and Justice N.V.Ramana, took up Asaram’s case as the very first item at 10.30 A.M. today, and spent about an hour and a half, hearing all his three petitions.PIL Against President Of India: Petitioners Barred From Filing Any PIL in Any CourtThe Supreme Court on Monday debarred two PIL petitioners from filing any public interest litigations in any constitutional courts in India. A bench comprising Justices Dipak Misra and R Banumati dismissed the PIL in which President Pranab Mukherjee was arraigned as first respondent.SC Refuses To Pass Interim Order On PIL Against Allotment Of 2 Houses...

Supreme Court Weekly Round-Up

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