Supreme Court Weekly Round-Up

Lawyer’s Claim For Fee Based On Percentage Of The Decretal Amount Is Misconduct And Cannot Be The Basis Of A Complaint Under Section 138 NI ActHolding that a fee amount claim by a lawyer based on percentage of subject matter in litigation cannot be the basis of a complaint under Section 138 of the Negotiable Instruments Act, the Supreme Court in B. Sunitha vs. State of Telengana, quashed such a complaint filed by a lawyer against his client.Land Acquisition Dispute Extends Over 30 Years; Bangalore-Based Charitable Society Held In Contempt For Frivolous Litigation A Supreme Court bench of Justice Arun Mishra and Justice Mohan M Shantanagoudar on Wednesday ruled that Anatha Shishu Sevashram, a public charitable society based in Bangalore, by repeatedly approaching the courts of law in a land acquisition dispute for almost the same relief which was negated by the courts for three decades, has committed contempt of court.Judicially Separated Wife Is Also Entitled To MaintenanceThe Supreme Court has observed that a judicially separated wife is also entitled for maintenance. The wife had approached the apex court after the order granting maintenance by the trial court was set aside by Patna High Court.Issue Of Welfare Of Child Has Paramount Significance, Not Legal Principles Or Legal Rights Of PartiesWhile setting aside a high court judgment, which had directed a father to handover the custody of the child to its mother, the Supreme Court observed that issue of welfare of the child has paramount significance over the legal principles like ‘comity of courts’ and the doctrines of “intimate contact” and “closest concern”.Non-Production Of Seized Narcotic Drug Fatal To Prosecution CaseThe Supreme Court, in Gorakh Nath Prasad vs State of Bihar, held that mere fact of an FSL report being available is no confirmation either of the seizure or that what was seized was ganja, in the absence of the production of the seized item in court as an exhibit.NRC-Grama Panchayat’s Certificate Is No Proof Of Citizenship, But It Can Be used As A Supporting Document For Claiming CitizenshipThe Supreme Court held that certificates issued by the Grama Panchayath secretary in Assam can be used as a ‘supporting document’ for claims of inclusion in the National Register of Citizens (NRC), though the certificate by itself is not a proof of citizenship.Upgrade Of NRC In Assam Not Intended To Identify/Determine Original Inhabitants Of The StateThe Supreme Court, in Kamalakhya Dey Purkayasth vs Union of India, held that citizens who are originally inhabitants/residents of the State of Assam and those who are not are at par for inclusion in the National Register of Citizens (NRC).Benefit Of Deduction Can’t Be Given To An Industry If It Ceases To Be A Small Scale IndustryThe Supreme Court, in Deputy Commissioner Of Income-Tax vs M/S Ace Multi Axes Systems Ltd, held that an assessee is not entitled to benefit of exemption if it loses its eligibility as a small scale industrial undertaking in a particular assessment year, even if in the initial year, eligibility was satisfied Murder Accused Sentenced To 2-Months Imprisonment For ContemptThe Supreme Court sentenced a murder case accused to two months’ imprisonment, finding him guilty of contempt in getting himself admitted to a hospital when there was no medical reason to justify such an admission and in continuing to remain admitted to evade arrest. Execution Of 1993 Mumbai Bomb Blasts Case Convict Tahir Merchant StayedThe Supreme Court, on Monday, stayed execution of death sentence awarded to Tahir Merchant, one of the convicts in 1993 Mumbai bomb blasts case. Giving Lift To Strangers Who Later Stole The Vehicle Cannot Be Fundamental Breach Of Insurance PolicyThe Supreme Court, on Friday, ruled that giving lift to strangers to later stole the vehicle is not a breach that would nullify the insurance policy.HC Order Quashing Defamation Case Against Kannada Daily Newspaper Owner Set AsideThe Supreme Court set aside a Karnataka High Court order that had quashed defamation case filed against owner of a Kannada daily newspaper.Murder At Ryan School: Decision On Plea Against Trustees’ Anticipatory Bail ReservedA Supreme Court bench headed by Justice RK Agrawal reserved its decision on a plea challenging the anticipatory bail granted to Augustine Francis Pinto and Grace Pinto, trustees of Ryan International School, by the Punjab and Haryana High Court in the murder case of 7 year-old student Pradyuman. ‘Complete Lack Of Concern For Welfare Of Women’: SC Imposes Two Lakh Each Costs On 12 States and UTs Supreme Court of India on Wednesday imposed a cost of two Lakh each to 12 States and Union Territories for not responding to the letters issued by Ministry of Women And Child Development as per the Supreme Court order.SC Closes Appeal Of Missing Army Jawan’s Father As Centre/State Couldn’t Trace Him Out The Supreme Court disposed of a long pending appeal filed by the father of an Army man who went missing in ...

Supreme Court Weekly Round-Up

Ashok K.M

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