Supreme Court Weekly Round-Up

Says No to PIL against HartalThe Supreme Court, on Friday, remained adamant on its unwillingness to entertain a Public Interest Litigation that alleged that political organizations were resorting to hartals despite several judicial pronouncements banning strikes and bandh calls.Vacates stay of termination of teachers in TripuraThe Supreme Court bench of justices Adarsh Kumar Goel and UdayUmesh Lalit, vacated the stay, and modified the High Court’s order, directing the state Government to complete fresh selection process on or before December 31, 2017. The Tripura High Court had terminated the appointment of 10,323 government school teachers on various grounds.Justice Karnan asked to reply within four weeksCalcutta High Court Judge, Justice Karnan against whom the Supreme Court has initiated contempt proceedings finally appeared before the Chief Justice-led seven judge bench. After an hour-long gripping exchange between Karnan and the bench Chief Justice J S Khehar gave the HC judge four weeks time to file a written reply.Upholds bail cancellation in a honour killing caseTerming a bail order granted to the accused in an honour killing case by sessions judge as “sanctuary of errors’, the Supreme Court upheld cancellation of bail by the high court.Quashes false rape caseThe Supreme Court has quashed a rape case against a person observing that judicial proceedings cannot be allowed to be converted into an instrument of oppression or harassment.Acquits 17 in a murder caseThe Supreme Court has acquitted 17 persons in a murder case of the year 1990.he case pertains to a fight between two rival political factions in connection with a panchayat election, which resulted in a deathAfter Getting Temporary Status, Casual Worker’s 50% Services Till He Is Regularised Must Be Reckoned For PensionThe Supreme Court set aside an order of Central Administrative Tribunal, which had held that a casual labourer (in Railways) after having been granted temporary status is entitled to reckon 100 per cent period of service with temporary status for pensionary benefit.HC Has No Jurisdiction To Decide On Second Appeal On An Unframed Question Of LawSetting aside a high court judgment, which suo moto applied a provision of law while deciding a second appeal, the Supreme Court reiterated that the high court has no jurisdiction to decide on a second appeal on a question which is not framed as required under Section 100(4) of the Code of Civil Procedure.Five Accused In 27-Yr-Old Murder Case AcquittedThe Supreme Court acquitted five accused in a 27-year-old murder case on the basis of serious discrepancies that arose in the evidence produced by the prosecution. ‘Public Policy’ Rule Can’t Be Invoked To Facilitate Loanee Avoid Legal Obligation To Repay LoanThe Supreme Court, in Himachal Pradesh Financial Corporation vs. Anil Garg, held that the concept of rule of ‘public policy’ cannot be invoked to facilitate a loanee to avoid legal obligation for repayment of a loan. “Premium” Cannot Be Claimed As Deduction By Companies On Its Subscribed Share CapitalSupreme Court in its ruling in M/s Berger Paints India Limited v. CIT held that premium collected by companies on its subscribed share capital does not come within the ambit of “capital employed in the business of the company” as given under section 35D of the Income Tax Act, 1961. Hence, a company cannot claim “premium” received on shares as deduction.Chief Justice Can Appoint Independent Arbitrator Though An Arbitrator Is Named In AgreementThe Supreme Court, in Union of India vs. Besco Ltd, held that even if an arbitrator is specified in the agreement for arbitration, the chief justice or the designated judge is free to appoint an independent arbitrator, having due regard to the qualification, if circumstances so warrant.SC Bans Sale Of BS-III Emission Vehicles From Apr 1; Existing Stock Too Can’t Be Sold In a major setback to automobile industry, the Supreme Court, observed that “health of the public is more important than commercial interest of manufacturers” and banned the sale and registration of pollution-causing BS-III compliant vehicles across the country from April 1 when BS-IV emission norms will come into force. Five Sentenced For Murdering RSS Man 23 Years AgoThe Supreme Court convicted five men in relation to the murder of an RSS man in Kerala, which took place 23 years ago. Twenty-one persons were accused of murdering one Suresh Babu. Seven of them were convicted by the trial court for murder. The high court, on appeal by the convicts, acquitted four of them viz. Majeed, Ummer alias Podi Ummer, Balaji, Muralledharan and Hasheem alias MuhammedHasheem. The state and complaint approached the apex court against their acquittal. “Law Does Not Assist The Non-Vigilant”, Says SC While Dismissing Challenge To Non-Filling Of Medical SeatsThe legal maxim actus curiae neminemgravabit, meaning no one should suffer any prejudice because of the act of the court, has to get sustenance from the...

Supreme Court Weekly Round-Up

Ashok KM

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