Supreme Court Weekly Round-Up

No Inconsistency In Chargesheeting Accused Not Named In FIRThe Supreme Court, in Fazar Ali vs State of Assam, held that there is no inconsistency in chargesheeting and convicting persons who have not been named along with the other accused in the First Information Report.Speedy recovery proceedings, need of the day.Providing a speedy recovery proceedings is the need of the day, said the Supreme Court, while upholding Rule 5 of Madhya Pradesh Micro and Small Enterprises Facilitation Council Rules, 2006, which provides for recovery of the amount for which award is passed under section 18(3) of the Micro, Small and Medium Enterprises Development Act, 2006Sale Of Entire Business As Running Concern Can’t Be Considered ‘Short-Term Capital Assets’The Supreme Court, in Commissioner of Income Tax, Ahmedabad, vs Equinox Solution Pvt Ltd, held that Section 50 (2) of the Income Tax Act will not apply to a case where the entire running business with assets and liabilities is sold by the assessee in one go, as such sale cannot be considered as “short-term capital assets”Second Detention Order Under Bihar Control Of Crimes Act ConditionalThe Supreme Court, in Ananth Singh vs State of Bihar, held that a second detention order under the Bihar Control of Crimes Act, 1981, can only be passed on fresh grounds that arise after the order of revocation. Foreign Liquor Licence: Law In Force On Which Formal, Final Decision Is Taken By Competent Authority Is Alone RelevantThe law in force on the date at which a formal, final decision is taken by the competent authority, alone would be applicable to consider grant of foreign liquor licence, the Supreme Court held in State of Kerala vs M/s Palakkad Heritage Hotels.Prosecution Case Can’t Be Negated Only On The Ground That It Was A Case Of ‘Group Rivalry’The Supreme Court, in Sudha Renukaiah vs State Of AP, held when there are eyewitnesses, including injured witness who fully support the prosecution case and proved the roles of different accused, prosecution case cannot be negated only on the ground that it was a case of group rivalry. Decree Can’t Be Reversed On Account Of Misjoinder/RejoinderThe Supreme Court in Manti Devi vs. Kishun Sah, held that no decree can be reversed or substantially varied in appeal or revision on account of misjoinder or non-joinder of parties.Person Claiming Adverse Possession Must First Admit Ownership Of True OwnerSetting aside a judgment of Bombay High Court which had held that it is not necessary for a ‘defendant’ to first admit the ownership of the ‘plaintiff’ before raising a plea of adverse possession, the Supreme Court, in Dagadabai vs Abbas, held that a person claiming adverse possession must necessarily first admit the ownership of the true owner over the property to the knowledge of the true owner.Under ‘Exclusive Jurisdiction Clause’ In Arbitration Agreement, Only Fixed Seat Of Arbitration Can Have JurisdictionThe Supreme Court, in Indus Mobile Distribution Private Limited vs Datawind Innovations Private Limited, held that when there is an exclusive jurisdiction clause in an arbitration agreement stating that the courts at a particular place alone would have jurisdiction in respect of disputes arising under the agreement, it would oust all other courts’ jurisdiction in the matter, even in a case where no part of cause of action arises at that place.Only Deliberate Or Malicious Acts Of Insult To Religion Can Be PenalisedThe Supreme Court, in the case of Mahendra Singh Dhoni vs Yerraguntla Shyamsundar, held that not every act or attempt to insult religion or the religious beliefs of a class of citizens would be penalised under Section 295-A of the Indian Penal Code.Courts Shall Not Surrender Own Judgment To ‘Expert’ WitnessesCourt cannot be expected to surrender its own judgment and delegate its authority to a third person, however great, the Supreme Court, in Machindra vs Sajjan Galpha Rankhamb, observed while upholding a high court order which has set aside conviction of accused in a murder case.Death Of Buddhist Lama In Police Firing: Notice To Arunachal Pradesh Govt.The Supreme Court sought response from Arunachal Pradesh government on a petition for an independent inquiry into two deaths, including that of a Buddhist Lama of Tawang Monastery,and several persons being seriously injured in the alleged police firing in May last year.Quashing Of ‘Hereditary Employment’ Scheme For SCCL Employees UpheldIn a blow to Singareni Collieries Company Limited (SCCL) employees, the Supreme Court upheld the Andhra Pradesh High Court judgment which had quashed ‘hereditary jobs’ scheme for SCCL employees. No Intra-Court Appeal Against Condonation Of Delay By Single Judge In Plea To Set Aside Arbitration AwardThe Supreme Court, in Union of India vs M/S Simplex Infrastructures, reiterated that intra-court Letters Patent Appeal under clause 15 of the Letters Patent of High Court at Calcutta is not maintainable against an order passed by the single judge on an...

Supreme Court Weekly Round-Up

Ashok KM

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