Supreme Court Weekly Round-Up

Accused Can’t Claim Unfettered Right To Inspect Case DiaryRejecting the plea of an accused facing trial to produce certain pages of police diary obtained by him through RTI for the purpose of contradicting the police officer, the Supreme Court in Balakram vs. State of Uttarakhand, reiterated that the accused cannot claim unfettered right to inspect the case diary.Plea To Incorporate Sikh History In School Syllabus Across India RejectedThe Supreme Court rejected a plea to incorporate detailed life history and teachings of all 10 Sikh Gurus along with Guru Granth Sahib in syllabus of all classes in history books for teaching.Reinstate Senkumar As DGP: SC To Kerala GovtIn a major verdict, the Supreme Court on Monday ordered the Kerala government to restore the services of ousted DGP T P Senkumar holding that his removal was arbitrary and not as per established law.Formula One Racing Income Taxable In IndiaIn a major victory for the Tax department, the Supreme Court upheld a Delhi High Court ruling, which had held that Formula One World Championship (FOWC) had a permanent establishment (PE) in India and, therefore, the income accrued will be taxable in India.A Non-Voluntary Confession Can’t Form Basis Of Conviction: Accused In Hindu Munnani Activist Murder Case Acquitted The Supreme Court ON Thursday set aside conviction of accused of murdering a Hindu Munnani Activist in Madurai. The Bench comprising Justice Pinaki Chandra Ghose and Justice RF Nariman held that the sanction order was illegal and hence the criminal proceedings for prosecution under the TADA Act are vitiated entirely and that TADA court grossly erred in taking cognizance of the case.For Adding Additional Accused (S.319 CrPC) Strong Evidence On His Complicity RequiredThe Supreme Court, in Brijendra Singh vs State of Rajasthan, observed that the degree of satisfaction to exercise power under Section 319 CrPC to summon persons not arraigned as accused is more than the degree warranted at the time of framing of the charges against others in respect of whom charge sheet was filed.Acquittal For 498A Will Bar Prosecution To Use 113A Presumption To Prove Abetment To Suicide (306IPC)The Supreme Court, in Heera Lal vs State of Rajasthan, held that in a case of suicide of wife, acquittal of the relatives or husband under Section 498A IPC will bar prosecution to use presumption available under Section 113A of the Evidence Act prove abetment to suicide under Section 306IPC.Courts Can’t Relegate Parties To Arbitral Tribunal After Having Set Aside The AwardThe Supreme Court, in Kinnari Mullick vs. Ghanshyam Das Damani, held that Section 34 (4) of the Arbitration and Conciliation Act 1996, does not empower the court to relegate the parties before the Arbitral Tribunal after having set aside the arbitral award in question.No Judicial Review In Decision To Not Exempt Goods From Excise Duty LevyThe Supreme Court, in M/s Mangalam Organics Ltd vs Union of India, held that a writ of mandamus cannot be issued to the Central Government directing it to issue a notification under Section 11C of the Central Excise Act, 1944, to the effect that duty payable by the manufacturer on goods manufactured by it shall not be paid.Herding Together Of Candidates Who Had Resorted To Malpractice And Others Who Did Not, For Re-Examination, Not InvalidThe Supreme Court in Gohil Vishvaraj Hanubhai vs. State of Gujarat, upheld a Gujarat High Court judgment which had approved the state decision to conduct fresh examination to the post of Revenue Talati, allowing all those who participated in the earlier examinations irrespective of their involvement in malpractice, to take part in re-examination.In A Civilized Society Male Chauvinism Has No Room, A Woman Has Her Own Space As A Man Has In SocietySupreme Court of India on Friday observed that a woman has her own space as a man has in our society. A three Judge Bench of Justices Dipak Misra, A.M. Khanwilkar and Mohan M. Shantanagoudar was considering an appeal filed by Accused against his conviction for abetment to suicide of a girl because of his continuous harassment and eve teasing. Not Giving Primacy To CJI’s Opinion On Appointments Does Not Make The Lokpal Act UnconstitutionalDismissing the challenge against constitutionality of certain provisions of the Lokpal and Lokayuktas Act, the Supreme Court held that the Constitution does not mandate that in all matters concerning the appointment to various offices in different bodies, primacy must be accorded to the opinion of the Chief Justice or his nominee.Curative Petition In Saumya Rape And Murder Case DismissedA Six Judge Bench of Supreme Court of India dismissed the curative petition filed by Government of Kerala in Saumya rape and murder Case. The Bench of Chief Justice JS Khehar, Justices Dipak Misra, J Chelmeswar, Ranjan Gogoi, Prafulla C Pant and UU Lalit held that no case is made out within the parameters indicated in the decision of the court in Rupa Ashok Hurra vs Ashok Hurra &...

Supreme Court Weekly Round-Up

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