Supreme Court Weekly Round-Up

Death Penalty For Nirbhaya Convicts UpheldSupreme Court of India on Friday upheld the Death penalty of convicts in Nirbhaya Rape and Death Case. The Judgment was passed unanimously by Justices Dipak Misra, R Banumathi and Ashok Bhushan. Justice Banumati wrote a separate but concurring Judgment.Word ‘Payable’ In Section 40(A) (Ia) Of Income Tax Act Also Covers Amount Actually ‘Paid’The Supreme Court, in Palam Gas Service vs Commissioner of Income Tax, held that though the word used in Section 40(a) (ia) of the Income Tax Act, is ‘payable’, it would also cover the situations where the amount is already paid, but no advance tax was deducted thereupon.Only Wakf Tribunal Can Decide Whether A Property Is Wakf Or NotWhen the main question involved in the suit is whether the suit land is a Wakf property or not, it can be decided only by the Wakf Tribunal, and not by the civil court, the Supreme Court held in Rajasthan Wakf Board vs Devki Nandan Pathak.Non-Compliance By Accused To Give Footprints Can’t Be Sole Basis Of ConvictionThe Supreme Court, in State of UP vs. Sunil, held that non-compliance by the accused of direction of the court to give his footprints for corroboration of evidence cannot be entertained as the sole basis of conviction, though it may lead to adverse inference.No Limitation Period For Execution Of Preliminary Decree For PartitionThe Supreme Court, in Venu vs Ponnusamy Reddiar, held that there is no limitation period for the execution of preliminary decree for partition.Vacancies To Posts Of Appellate Tribunal For Foreign Exchange Must Be AdvertisedThe Supreme Court held that the vacancies of chairperson and members of the Appellate Tribunal for Foreign Exchange (ATFE) require to be mandatorily advertised before those are filled up. Subsequent Purchasers/Successors Entitled To Seek Declaration That Land Acquisition Proceedings Have LapsedThe Supreme Court, in GNCTD vs Manav Dharam Trust, held that subsequent purchaser, assignee, successor in interest, power of attorney, etc., are all persons who are interested in compensation/land owners/affected persons in terms of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (RFCTLARR) Act, 2013, and such persons are entitled to file a case for a declaration that the land acquisition proceedings have lapsed by virtue of operation of Section 24(2) of the Act.Benefits Of Beneficial Legislations On Child/Juvenile Care & Protection Shall Be Extended To All Categories Of ChildrenIn significant stride, the Supreme Court on Thursday issued guidelines to protect and augment the rights and welfare of children and for the proper implementation of beneficial legislations like The Commissions for Protection of Child Rights Act, 2005, The Right of Children to Free and Compulsory Education Act, 2009, The Protection of Children from Sexual Offences Act, 2012 and The Juvenile Justice (Care and Protection of Children) Act, 2000Cheque Bounce: ‘Compensation’ Recoverable From Accused Even If ‘Default Sentence’ Has Been SufferedThe Supreme Court, held that compensation ordered by the court would be recoverable even though a default sentence has been suffered. A bench comprising Justice RF Nariman and Justice Navin Sinha upheld a Kerala High Court decision that had approved the order of magistrate by invoking Section 421 CrPC issuing a distress warrant against the accused for realising compensation ordered in a cheque bounce case but for different reasoning.SC Refuses To ‘Review’ Death Penalty On Man Who Raped 4-Yr-Old ChildThe Supreme Court refused to review the death penalty awarded to a man found guilty of raping a 4-year-old kid. A three-judge bench, comprising Justice Dipak Misra, Justice RF Nariman and Justice UU Lalit, dismissed the review petition filed by Vasanta Sampat Dupare against dismissal of the appeal against confirmation of death penalty by the high court.Suspension Orders Against 8 BHU Students Revoked : Asks University To Conduct Special Exams For ThemThe Supreme Court on Thursday revoked suspension orders against eight students by Banaras Hindu University (BHU). A bench comprising Justice Dipak Mishra, Justice Khanwilkar and Justice MM Shantanagoudar also asked the university administration to conduct special examinations for the students by July 30, 2017, so that they may take the third semester examinations they were not allowed to take earlier because for their suspension.SC Slams Kerala Govt For Delay In Re-Appointing Senkumar As ĐGP: Imposes 25k Cost For Seeking Modification Of OrderPulling up Kerala government for the delay in re-appointing T P Senkumar as DGP despite its order on April 24, the Supreme Court on Friday refused to admit a plea filed by the state for a modification/clarification and imposed a cost of Rs 25,000. SC Orders Medical Examination Of Justice KarnanA Seven Judge Constitution Bench of Supreme Court of India on Monday ordered the medical examination of Justice Karnan, who is...

Supreme Court Weekly Round-Up

Ashok KM

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