Supreme Court Weekly Round-Up

Award Of Lok Adalat Can Be Challenged Only By Filing Writ Petition And Not By Way Of Separate Suit Upholding the order of rejection of plaint, the Supreme Court held that the award of Lok Adalat can be challenged only by filing writ petition under Article 226/227 of the Constitution of India, and that civil suit seeking such remedy was not maintianable. The suit in question was filed seeking to set aside a settlement award of lok adalat passed in an earlier suit filed for specific performance of agreement of sale. The plaintiffs alleged that the award was obtained through fraud and misrepresentation.Can’t Expect Children Of Age Group Of 10 To 14 Years To Walk Three Kilometers To Attend SchoolThe Supreme Court permitted the up-gradation of a school from lower primary to upper primary by observing that children of age group of 10 to 14 years cannot be expected to walk more than 3 kilometres to attend school.Sales Component In The Works Contract Of Laying Pipes Is Divisible And Can Be Subjected To Sales Tax-The Supreme Court, dismissing an appeal filed before it held that since there was a divisible element of sales in the agreement, there can be levy of sales tax to that extentSC Reaffirms That Welfare Of Child Is Paramount Consideration For Custody Of ChildrenThe Supreme Court invoked the well settled principle that claims of custody of children should be determined only with the prime consideration of their welfare, in order to settle a long-drawn custody battle.SC Permits 13-Yr-Old Rape Victim To Abort 32-Week-Old FoetusAsking “how can such a small girl become a mother”, The Supreme Court on Wednesday permitted a 13-year-old rape survivor from Mumbai to terminate her 32 week pregnancy.She is a class seven student.Killings, Violence In The Name Of Cow Vigilantism Must StopMincing no words, a bench headed by Chief Justice Dipak Misra on Wednesday said all killings and violence in the name of cow vigilantism must end and people shall not be allowed to take law into their hands.Accused’s Petition Seeking Narco Analysis Test DismissedThe Supreme Court bench of the Chief Justice Dipak Misra, and Justices A.M.Khanwilkar and D.Y.Chandrachud dismissed the application of an accused, facing prosecution for sexual assault of a child under Sections 377 and 511 of Indian Penal Code and Section 6 of Protection of Children from Sexual Offences Act, which was filed under Section 173 (8) of Cr.P.C. 1973 praying that investigating agency be directed to conduct Polygraph/Narco Analysis/Brain Mapping test on him.National Disaster Management Authority Should Give Special Attention To Children In The Event Of A DisasterThe Supreme Court, on Tuesday, opined that the National Disaster Management Authority should “give special attention to the children in the event of a disaster since they are the most vulnerable victims of a disaster that may strike at any time.” 4 Weeks’ Time To RBI, Centre On Siblings’ Plea For Exchanging Old Notes Found In Dead Parents’ LockerThe Supreme court on Monday gave the RBI and Finance Ministry four weeks’ time to file response on a plea seeking extension of window for exchanging demonetized notes of Rs 500 and 1000.Formulate Plan For Speedy Disposal And Use Of ADR By Consumer Fora: SC To NCDRCThe Supreme Court, last week, issued directions to ensure speedy resolution of disputes and utilization of alternate dispute resolution mechanisms by the consumer fora.SC Stays Insolvency Proceedings Against Jaypee InfratechIn a relief to 32,000 home buyers, the Supreme Court on Monday stayed the insolvency proceedings against real estate firm Jaypee Infratech going on at the Allahabad National Company Law Tribunal (NCLT) at the instance of financier IDBI.SC Tells Bombay HC To Decide Pleas On RERA Expeditiously, Other HCs Asked To Wait For The DecisionThe Supreme Court on Monday directed the Bombay High Court to expeditiously decide all pleas and petitions challenging the validity of the new Real Estate (Regulation and Development) Act.SC Seeks Centre’s Response On Plea Against Deportation Of Rohingyas To MyanmarSeeking the Centre’s response on the issue, the Supreme Court on Monday said it would on September 11give urgent hearing to the petition challenging the proposed decision to deport 40,000 Rohingya Muslims, who have taken refuge in India to escape persecution in Myanmar.SC Stays Bombay HC Order Granting Interim Stay On Centre’s Notification On Noise Pollution RulesAfter a full bench of the Bombay High Court ordered interim stay on the Centre’s new amendment to Noise Pollution (Regulation and Control) Rules, a three-judge bench of the Supreme Court headed by Chief Justice of India Dipak Misra stayed the operation of the full bench order dated September 1 as an interim measure.SC Orders CBI Probe Into The Mysterious Death Of Karnataka Cop M.K. Ganapathy The Supreme Court, on Tuesday, ordered the Central Bureau of Investigation (CBI) to look into the death of Mr. M.K. Ganapathy, a Deputy Superintendent of...

Supreme Court Weekly Round-Up

Ashok K.M

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