Supreme Court Weekly Round-Up
Co-owner can alone maintain a suit for eviction
The Supreme Court, in Om Prakash vs Mishri Lal (Deceased), has reiterated that a co-owner can alone maintain a suit for eviction of the tenant without joining the other co-owners if such other co-owners do not object.
Reminder noticecannot be construed as an admission of non-service of the first notice
The Supreme Court, in N Paraeswaran Unni vs G Kannan, has held that a reminder notice to the drawer of the cheque cannot be construed as an admission of non-service of the first notice by the complainant.
Re-Assessment Proceedings Based On Audit Objection Invalid If Assessment Officer Is Not Satisfied
The Supreme Court, in M/s Larsen &Turbo Ltd. v. State of Jharkhand and others held that if an assessing officer agrees with information/objection of the audit party and is not personally satisfied that the income has escaped assessment but still reopens the assessment on the direction issued by the audit party, the reassessment proceedings are without jurisdiction.
Intra-Court Appeal In Criminal Matters Not Maintainable, Even If Order Passed Under Art 226 of Constitution
In a significant judgment, the Supreme Court on Tuesday held that an appeal to the division bench of high court is not maintainable against an order or judgment passed by a single judge in a criminal matter, irrespective of whether the order has been passed in exercise of extraordinary jurisdiction under Article 226 of the Constitution or inherent jurisdiction under Section 482 of Criminal Procedure Code.
Uphaar: GopalAnsal’s Last Minute Mercy Plea Rejected
In a huge setback to business tycoon GopalAnsal whose deadline to surrender expires today , the Supreme Court on Monday rejected his mercy plea in 1997 Uphaar theatre fire case and directed his lawyer Ram Jethmalani to approach President Pranab Mukherjee.
SC Suggests Out-Of-Court Settlement OfAyodhya Temple Issue
The Supreme Court on Tuesday asked why there cannot be an out-of-court settlement to the vexed Ayodhya Ram temple issue saying these were matters of religion and faith.
Centre’s Explanation Sought for Closing Window to Deposit Old Notes After Dec 31
The Supreme Court asked the Centre to explain reasons for which the government chose to close the window allowing all categories of people to deposit old notes of Rs 500 and Rs 1,000 after December 31, 2016, under some special circumstances.
Narada Sting: Calcutta HC Order For CBI Probe Upheld
Mamata Banerjee government in West Bengal suffered a huge setback with the Supreme Court on Tuesday refusing to interfere with a Calcutta High Court order asking CBI to probe the Narada sting case in which several ruling party leaders of state were allegedly caught on camera taking money.
Pay Rs 5,000 Cr By Apr 17 Or We Auction Aamby Valley: SC To Subrata Roy
The Supreme Court on Tuesday issued a fresh and last warning to the Sahara Group that it would auction its prime property worth Rs 39,000 crore at Aamby Valley in Pune if Rs 5092.6 crore is not paid by the company by April 17 as promised.
No Stay On Procedure To Designate Senior Advocates; Petition Referred To Larger Bench
A two-judge bench of the Supreme Court, headed by Justice Ranjan Gogoi, referred to a larger bench the petition filed by Senior Advocate Indira Jaising challenging the alleged non-transparent and arbitrary method followed by the apex court in designating senior advocates.
SC Orders Release Of 99-Yr-Old Convict In Dowry Death Case
The Supreme Court on Wednesday allowed an appeal filed by a 99-year-old convict against his conviction and sentence in a dowry death case. A division bench comprising Justice Arun Mishra and Justice Amtava Roy reduced the sentence to that of already undergone and directed the authorities to release him forthwith.
22 year old death: SC asks CBI to probe
The Supreme Court, on a plea of the mother of a 22-year-old woman who was found dead in mysterious circumstances, has asked the Central Bureau of Investigation (CBI) to investigate into the crime and file a status report within three months.
Set aside compensation for illegal custody
Supreme Court bench of justices Adarsh Kumar Goel and UdayUmesh Lalit, set aside the High Court’s order granting compensation to Barik, accepting the plea of the Orissa Government that it was not responsible for his illegal custody.
Cancels MBBS admission
Owing to irregularities in admission procedures, the Apex Court on Wednesday reportedly cancelled the admission to 180 MBBS seats in Kannur and Karuna Medical Colleges in Kerala.
Security arrangements upheld
Chief Justice of India JS Khehar’s bench has upheld the security arrangements made for former Meghalaya High Court Chief Justice Uma Nath Singh and also to Justice T Nandkumar Singh, retired judge of Meghalaya High Court, in terms with the existingthreat perception to them.
Do not insult communities
We, as a citizen of this country, should always keep one thing in our mind and heart that no people or community should be today insulted or looked down upon, and nobody’s feelings should be hurt, the Supreme Court has said
Sets aside disciplinary proceedings against lawyer
How the Disciplinary Committee consisting of members, who were not familiar with the vernacular script, could analyse and appreciate the documentary evidence which is in a language not known to them, the Supreme Court has asked while setting aside disciplinary proceedings against a lawyer.