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Supreme Court Weekly Round-Up

Conviction In Serious & Heinous Crime Per Se Can’t Be Reason To Deny Parole

While dealing with the parole application of a prisoner serving sentence upon conviction under the TADA Act, the Supreme Court clarified that seriousness or heinous nature of the crime ought not to have any bearing on the consideration of application for parole. The prisoner was found guilty for having supplied explosives for conducting bomb blasts on the first anniversary of Babri Masjid demolition. His conviction was upheld by all courts concurrently, including the Supreme Court.

That The Arbitrator Is An Employee Of A Party By Itself Is Not A Disqualification In Cases Before The Amendment Of 2015

In Aravalli Power Company Ltd. v. Era Infra Engineering Ltd. , the Supreme Court had occasion to consider the impact of the 2015 amendment to Arbitration and Conciliation Act 1996 in proceedings initiated before the amendment came into force. The Court came to the conclusion that cases governed by 1996 Act as it stood before the Amendment Act came into force, the fact that the named arbitrator is an employee of one of the parties is not ipso facto a ground to raise a presumption of bias or partiality or lack of independence on his part.

 Acquisition Of Building Alone Without Underlying Land Permissible When State Has Ownership Over The Land

The state can proceed to acquire only the buildings existing on the land under the Land Acquisition Act, without acquiring the underlying land, when the state otherwise has ownership rights over the land. This was held by the Supreme Court while allowing the appeals filed by Maharashtra, enabling the government to proceed to compulsorily acquire the buildings under the occupation of M/s Reliance Industries Ltd, and M/s Express Papers. In both cases, the owners of buildings were not the owners of the land; the ownership of land belonged to the state.

There Can Be Simultaneous Proceedings Under SARFAESI And Arbitration Act For Recovery Of Loan Arrears

The Supreme Court held that NBFC is entitled to initiate both arbitration proceedings and SARFAESI proceedings with respect to a loan account, and that the ‘doctrine of election’ was not attracted in such a scenario. It was further clarified that there was no illegality in an Non-Banking Financial Company (NBFC) invoking SARFAESI Act for recovery of loan arrears with respect to an account classified as Non-Performing Asset (NPA) before the NBFC got notified under the Act. It was also clarified that the

 Insolvency & Bankruptcy Code- SC Interprets Scope Of ‘Existence Of Dispute’ Between Operational Creditor And Corporate

The judgment of the Supreme Court in Mobilox Innovations Pvt.Ltd. v.Kirusa Software Pvt.Ltd. rendered by a bench of Justices R. F Nariman and Sanjay Kishan Kaul settleed a significant issue under the Insolvency and Bankruptcy Code 2016. The issue was whether the existence of a dispute by itself without the record of initiation of any suit or arbitration proceedings in relation to it is sufficient to make an application for insolvency resolution at the instance of operational creditor unsustainable.

MoEF Order Is Capable Of Destroying National Parks And Wildlife Sanctuaries In The country

In a special leave petition filed against an order of the Bombay High Court, the Supreme Court observed that an order passed by the Ministry of Environment and Forests was capable of destroying national parks and wildlife sanctuaries in the country.

Interim Wages Part Of Wages As Per ESI Act And Is To Be Reckoned For ESI Contribution

The Supreme Court declared that interim wages will come within the definition of wages as per Sec.2(22) of Employees State Insurance(ESI) Act, and that the employer is liable to pay ESI contribution on the interim wages as well.

NGT Can Only Decide A Substantial Question Relating To The Environment: NGT Decision On SPCB Appointments Quashed

The Supreme Court, on Friday, set aside the order of the National Green Tribunal whereby the functioning of Chairmen of 10 State Pollution Control Boards (SPCBs) had been ceased due to the failure of such States to make appointments in adherence to NGT’s earlier judgment.

Can’t Extend Time For Filling Vacant Seats In Super-Specialty, PG & MBSS Courses

The Supreme Court, on Friday, refused to extend the time for filling up the vacant seats in super-specialty, post-graduate and MBBS courses. The Interlocutory Applications demanding an extension were filed in the case titled, Ashish Ranjan and Ors. v. Union of India & Ors., wherein the Court had earlier laid down a time schedule to be followed for completing admissions to medical colleges.

SC Upholds Ban On Mate Mahadevi’s Book, Even While It Agreed She Has A Right To Interpret Her Religion

While balancing the right to express one’s views in religious matters, and the State’s so-called duty to restrict them, in order to prevent violent protests against it, the Supreme Court tilted in favour of the latter.   The Court was hearing the Kannada author and mystic scholar,  Mate Mahadevi’s appeal against the Karnataka High Court’s judgment, delivered in 2003, upholding the state Government’s 1998 ban on her edited book, ‘Basava Vachana Deepthi’.

Last Minute Litigation In Medical Admissions Creates High Pressure And Anxiety For Students: SC Likely To Issue Guidelines

The Supreme Court, on Friday, took note of the “annual recurrence” of litigation concerning medical admissions and indicated towards the need for issuance of “deterrent measures” for preventing such instances.

Nine Year Old Boy’s Mysterious Death In School: SC Asks Allahabad HC To Decide Pleas Before Oct. 15

The Supreme Court on Monday directed the Allahabad High Court to decide the plea for CBI inquiry moved by parents of the 9-yr-old boy, who died after allegedly slipping in his school corridor in Ghaziabad, on October 4 or before October 15 while also deciding the quashing petition moved by the school.

Do Not Obstruct Ryan School Murder Trial: SC To Gurgaon Bar

Thanks to the timely intervention by the Supreme Court bench headed by Chief Justice Dipak Misra, all accused in the murder case of a seven year old boy of the Ryan International School in Gurugram will get advocates to represent them.  The bench today directed the members of the District Bar Association of Gurgaon not to obstruct in any manner the proceedings going on before a special judge there relating to the murder.

SC Issues Notice On All India Lawyers Union’s Petition Against Diluting Finance Act Provisions On Tribunals, Including NGT

The Supreme Court, on Monday, issued notice on the Writ Petition filed by the All India Lawyers Union that has challenged the provisions of the Finance Act, 2017 which confer “unanalyzed and uncontrolled power to the executive” to provide for qualifications and conditions of service of members of various tribunals, especially the National Green Tribunal.

On Plea By Minor Rape Victim’s Mother, SC Allows Medical Termination Of 24-Week Foetus

The Supreme Court on Thursday allowed a writ petition, filed by the mother of a 13-year-old rape victim, seeking medical termination of the daughter’s 24-week-old foetus. Earlier on September 15, a bench of Chief Justice of India Dipak Misra, Justice Amitava Roy and Justice AM Khanwilkar had directed the constitution of a medical board at New Delhi AIIMS comprising doctors suggested by Additional Solicitor General of India Ranjit Kumar.

Videos of Sexual Violence: SC Agrees To In-Camera Hearing

The Supreme Court bench of Justices Madan B.Lokur and Uday Umesh Lalit, on September 18, agreed to hear the objections of Yahoo, Facebook, Google, Microsoft and WhatsApp to the recommendations of the Committee set up by the Court to ensure that videos depicting gang rape, child pornography and rape should not be made available to the general public. The hearing will be held in camera, as requested by the parties, at 2 p.m. on October 23.

SC Warns BCCI Against Scuttling New Constitution

The Supreme Court Thursday took serious note of the open defiance of BCCI bosses regarding drafting a new constitution for the board in accordance with its earlier judgment.

SC Seeks To Know Of Steps Taken By Centre To Check Drug Abuse

With the menace of drug abuse spreading its tentacles in India, the Supreme Court sought to know from the Centre details of steps it has taken to create awareness about ill-effects of drugs and check its supply.

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