Supreme Court Weekly Round-Up

Benefit Of Infirmities In Investigation Is To Be Given To AccusedBenefit of infirmities in the investigation by the prosecution is to be given to the accused, the Supreme Court said, in State of Uttarakhand vs Jairnail Singh, while upholding a high court verdict reversing conviction awarded by the trial court.Corruption Can’t Be Condoned Even If Amount Involved Is MeagreThe Supreme Court, in Uttarakhand Transport Corporation vs Sukhveer Singh, while upholding dismissal of a bus driver from service of Uttarakhand Transport Corporation, observed that acts of corruption/misappropriation cannot be condoned, even in cases where the amount involved is meagre.Insolvency And Bankruptcy Rules May Be Amended To Include Inherent Powers Allowing Settlement After Admission Of CaseThe Supreme Court, on Monday, suggested amendment of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016, permitting settlement to be recorded by the Tribunal after admission of case under the Insolvency and Bankruptcy Code, 2016 (IBC).A Family Member Of Encroacher Of Govt. Land Can’t Be Disqualified From Being Panchayat MemberInterpreting Section 14 of the Maharashtra Village Panchayats Act, which disqualifies an encroacher from being a member of panchayat, the Supreme Court, in Sagar Pandurang Dhundare vs Keshav Aaba Patil and others, observed that only the original encroacher, who has encroached upon the government land or public property, is liable to be disqualified, and not his family member. SC Dismisses Kamini Jaiswal’s Petition In Medical Bribery Case, Terms Allegations As ‘Contemptuous’ But Desists From Initiating Contempt’ The Supreme Court on Tuesday held that the allegations made by Kamini Jaiswal and Prashant Bhushan against Chief Justice Dipak Misra was “derogatory and contemptuous” but desisted from initiating contempt proceedings “in the hope that goodwill will prevail”.SC Upholds Freedom Of Expression, Refuses To Stay Documentary On Aravind Kejriwal The Supreme Court bench of Chief Justice Dipak Misra and Justices D. Y. Chandrachud and A. M. Khanwilkar on Thursday dismissed a writ petition seeking an injunction against the release of the film ‘ An Insignificant Man ’, documenting the life of Delhi Chief Minister Arvind Kejriwal.Rajasthan Govt. Restrained From Crossing 50% Ceiling In ReservationIn a setback to the Rajasthan Government, the Supreme Court, on Wednesday, restrained it from exceeding the 50% ceiling in providing reservations to Gujjars and other communities under the OBC category.Nirbhaya Gangrape: ‘Mukesh Kumar Falsely Implicated; Not Present At Scene Of Crime,’ Reiterates AdvocateA Supreme Court bench of Chief Justice Dipak Misra, Justice R Banumathi and Justice Ashok Bhushan on Monday admitted the review petition against judgment dated May 5 of the court upholding the death sentence awarded by the Delhi High Court in the 2012 Nirbhaya gangrape case.SC Tells Jaypee Directors To Make Disclosure Of Personal Assets On Affidavit, Appear In Person On Nov 22The Supreme Court on Monday expressed displeasure at the failure of Jaiprakash Associates Ltd. (JAL), a unit of real estate giant Jaypee group, in failing to comply with its order dated October 25 to deposit Rs 2,000 crores with the court’s registry by November 5.Right To Life Include Right To Die In Company Of Family Members? SC Asks Madras HC To Decide Terminally Ill Ukrainian National’s AppealThe Supreme Court, on Monday, directed the Madras High Court to pronounce its judgment as expeditiously as possible in the Appeal filed by a Ukrainian national, Mr. Dudnyk Valentyn, who has been convicted under the Arms Act.SC Urges States, UTs To Ban Furnace Oil And Pet-coke; Issues Notice To Centre On Substitution Of Natural Gas For CoalThe Supreme Court bench of Justice Madan B Lokur and Justice Dipak Gupta on Friday urged all state governments and Union Territories to issue similar directions prohibiting the use of pet-coke and furnace oil by any industry, operation or process within their jurisdiction as issued by the Union Ministry of Environment, Forests and Climate Change (MoEF & CC) and the Central Pollution Control Board (CPCB) under Section 5 of the Environment Protection Act of 1986 with regard to the states of Rajasthan, Haryana and Uttar Pradesh.Pesticides Killing Farm Workers, Consumers: SC Notice To Centre On Petition Seeking Immediate Ban The Supreme Court on Monday issued notice to the Centre on a petition seeking weeding out of harmful chemicals and pesticides being used in India causing severe health hazards to farm workers, people living in the vicinity and the consumers.Delhi Pollution: Some Expeditious Action In The Matter Called ForThe Supreme Court on Monday issued notice to the Centre, Delhi government and national capital’s neighboring states of Punjab, UP and Haryana on a PIL which sought urgent steps to curb stubble burning and dust controlSC Slams UP Govt For Not Filing Comprehensive Policy On Environmental...

Supreme Court Weekly Round-Up

Ashok K.M

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