Supreme Court Weekly Round-Up

Few Isolated Incidents Of Long Past Can’t Be Cruelty, Ground For DivorceFew isolated incidents of long past and that too found to have been condoned due to compromising behaviour of the parties cannot constitute an act of cruelty to grant divorce, the Supreme Court observed in Suman Singh vs. Sanjay Singh.Central PF Authorities Have No Authority Over ‘Exempted’ EstablishmentsThe Supreme Court, in Yeshwant Gramin Shikshan Sanstha vs. Assistant Provident Fund Commissioner, held that once an establishment is covered under any one of the excepted category under Section 16 of the Employees’ Provident Funds and Miscellaneous Provisions Act, the authorities under the Central Act cannot exercise authority over it or call upon the establishment to comply with the provisions of the Central Act.In A First, Indian SC Issues Warrant Against A Sitting HC Judge; 7 Judge Bench Issues Bailable Warrant To Justice KarnanFor the first time in the history of Indian Supreme Court, the Court issued warrant to a sitting High Court Judge. The Seven Judge Bench of the Supreme Court has issued a bailable warrant to Calcutta High Court Judge, Justice Karnan as he failed to appear before the Bench,hearing a suo-motu contempt proceedings against him. The Bench has posted the matter on 31st March.Cannot Curtail Independence Of Media“It seems there is a disguised attempt to curtail independence and freedom of media. This is an attack on the media”, the Supreme Court said on Friday dismissing a PIL seeking an SIT probe into the role of media in the AgustaWestland VVIP chopper scam caseUse Video Conferencing And Other Technologically Advanced Measures In Matrimonial CasesSupreme Court of India issued certain important guidelines to avoid the transfer of matrimonial disputes pending in Family Courts. The Bench of Justices AK Goel and UU Lalit was considering a transfer petition filed by wife seeking the transfer of divorce case filed by her husband because she cannot undertake long journey and contest the proceedings at Jabalpur by neglecting her minor child. She also alleged that she apprehends threat to her security in attending proceedings at Jabalpur.Court Can’t Ignore Clear Words, Dilute Meaning Or Add Something, Used In WillThe Supreme Court, in Dr KS Palanisami vs Hindu community in general and citizens of Gobichettipalayam, observed that courts are not entitled to ignore clear words or add something of its own or dilute the meaning of any clear word used in the Will.Lawyers’ Strike And Suspension Of Court Work IllegalThe Supreme Court held that suspension of court work or strikes are clearly illegal and it is high time that the legal fraternity realises its duty to the society which is the foremost.State Bar Council Cannot Continue Disciplinary Proceedings Against Lawyers After One Year Of ComplaintThe Supreme Court in KumariAchalSaxena vs. Sudhir Yadav, held that Disciplinary Committee of the State Bar Council cannot continue with the disciplinary inquiry against a lawyer after the expiry of one year from the receipt of the complaint and any order passed after it, is illegal.Language Problem, Non-Proximity To Home Not Grounds To Seek Transfer To Another CampusRefusing a student’s plea seeking transfer to another campus, the Supreme Court observed that solely because a vacancy occurs at the other campus, no right accrues in favour of a candidate who had already given the option and once a candidate chooses a campus, he/she exercises the option and is bound by it.Barring TV Channels From Telecasting Dubbed Mahabharat Serial Anti-CompetitiveThe Supreme Court, in Competition Commission Of India vs Co-ordination Committee Of Artists And Technicians Of WB Film and television, held that, preventing channels from telecasting Mahabharat dubbed in Bengali is an ‘anti-competitive’ activity and the protection in the name of the language goes against the interest of the competition, depriving consumers of exercising their choice. Children Need Love & Affection Of Both Parents: SC Tells ‘Fighting’ CoupleAllowing the mother to meet her two children in Mangalore, a bench comprising Justice RK Agrawal and Justice AM Sapre said the mother’s role towards her child is more pivotal because she gives birth to her child and, hence, capable of giving more love, affection and good training to her child.SC Refuses To Stay Prajapati’s Arrest; Warns Against “Political Colour”Supreme Court on Monday refused to stay the arrest of Uttar Pradesh minister and Samajwadi Party leader GayatriPrajapati in connection with cases of alleged gang rape and attempt to rape a woman and her daughter and also warned against giving a political colour to the entire episodeBail Pleas To Be Disposed Of Within 1 Week: Directions Issued To Tackle Pendency Of Criminal CasesThe Supreme Court issued significant directions to tackle the pendency of cases in criminal courts. A division bench comprising Justice AK Goel and Justice UU Lalit was hearing a batch of appeals against the denial...

Supreme Court Weekly Round-Up

Ashok KM

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