Supreme Court Weekly Round-Up

Bar Of Want Of Sanction [U/S 195(1) (a) CrPC] Can’t Be Invoked When Probe Is Ordered By HCThe Supreme Court, in CBI vs M Sivamani, held that bar under Section 195(1)(a) IPC cannot be pressed into service when an investigation is ordered by a high court into a specified offence mentioned in Section 195 IPC.No Overt Act Of Assault Required To Establish Common Intention The Supreme Court, in Rajkishore Purohit vs State of Madhya Pradesh, observed that there need not be an overt act or possession of weapon to establish common intention, if common intention by meeting of minds is established in the facts and circumstances of the case.First Appellate Court Has To Do More Than Just Quoting Passages From Trial Court Judgment While Dismissing AppealWhile setting aside a judgment of a high court for being devoid of reasoning, the Supreme Court in U Manjunath Rao vs U Chandrashekar, observed that a first appellate court, while dismissing an appeal, cannot just quote passages from the trial court judgment and thereafter, pen a few lines and express the view that there is no reason to differ with the trial court judgment, but it has to elucidate, analyse and arrive at the conclusion that the appeal is devoid of merit.HC Can’t Upset Concurrent Findings On Facts Merely Because Another View Is PossibleSetting aside a high court judgment for having exceeded its jurisdiction, the Supreme Court, in Gandhe Vijay Kumar vs Mulji @ Mulchand, reiterated that the court, while exercising revisional jurisdiction, is only expected to see only whether the findings of the court below are illegal or perverse in the sense that a reasonably informed person will not enter such a finding.Noida Land Allotment Scam: Conviction Of Former UP Chief Secretary Neera Yadav Upheld, Sentence ReducedThe Supreme Court on Wednesday upheld conviction of former UP Chief Secretary Neera Yadav and former IAS officer Rajiv Kumar in Noida land allotment scam that took place between 1993 and 1995.Bottling Of LPG Gas Amounts To ‘Production’ For Purpose Of I-T DeductionsThe Supreme Court, in Commissioner of Income Tax – 1, Mumbai vs Hindustan Petroleum Corporation Ltd, upheld the Income Tax Appellate Tribunal’s finding that the activity of filling of cylinder with compressed LPG gas amounts to ‘production’ for the purposes of Sections 80HH, 80-I and 80-IA of the Income Tax Act.Contemnor Has To Be Given Chance To Establish His Innocence: Lawyer’s Conviction Set AsideSetting aside conviction of a lawyer for contempt of court, the Supreme Court observed that there could not be a conviction based solely on allegations and the contemnor has to be given an opportunity to establish his innocence.SC Sets Standards For Fire-crackers In the ongoing case of Arjun Gopal v Union of India and others, the Supreme Court bench of Justices Madan B.Lokur and Deepak Gupta, on Monday directed that no fire-crackers shall contain polluting substances such as, antimony, lithium, mercury, arsenic and lead in any form whatsoever. The court made it clear that it is the responsibility of the Petroleum and Explosive Safety Organisation (PESO) to ensure compliance, particularly in Sivakasi, the hub of fire-crackers manufacturers, many of whom were arraigned as respondents before the Court in Arjun Gopal v Union of India.SC Allows Remarried Woman To Continue With Her Job Which She Got As Compassionate AppointmentThe Supreme Court upheld a Rajasthan High Court order which, instead of terminating the service of remarried lady who got into service under compassionate employment scheme, had directed that 50% of her salary should be paid over to her children for their sustenance.SC Asks UoI To Revisit National Mineral PolicyIn an important judgment, the Supreme Court asked the Central government to revisit the National Mineral Policy, 2008, and announce a fresh and more effective, meaningful and implementable policy within the next few months before the end of this year.Selection Procedure Prescribed Through Executive Valid If It Doesn’t Conflict With RulesThe Supreme Court, in Karnati Ravi vs Commissioner Survey Settlements and Land Records, held that in the matter of selection and appointment, instructions pertaining to the procedure of selection can be provided by the Executive as long as they do not come in conflict with the rules.SC Stays Allahabad HC’s Order Against UP Advocate General, Seeks His Personal Presence Supreme Court of India stayed the Allahabad High Court Order summoning Chief Secretary in a case and rebuking States’s Advocate General Raghvendra Singh for not appearing in the case despite repeated calls. The High Court had gone to the extent of asking the Chief Minister to look into the matter, while strongly reprimanding the AG for his conduct.SC Declines Cong’s Plea To Stay ‘NOTA’ Option In Rajya Sabha Polls In GujaratIn a major setback to the Congress party, the Supreme Court on Thursday refused to stay the ‘NOTA’ option in the Rajya Sabha (RS) election to three seats in...

Supreme Court Weekly Round-Up

Ashok K.M

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