Supreme Court Weekly Round-Up

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 Act

Holding 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 Maintenance

The 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 Parties

While 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 Case

The 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 Citizenship

The 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 State

The 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 Industry

The 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 Contempt

The 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 Stayed

The 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 Policy

The 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 Aside

The 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 Reserved

A 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 2005. A Bench of Justice NV Ramana and Justice S Abdul Nazeer observed that the state government and the Central government were not in a position to trace out the missing person and hence, no direction can be given in the matter.

 SC Denies Plea For Common Syllabus, Dismisses Writ Petition Praying ‘One Nation, One Education Board’

The Supreme Court bench of Chief Justice Dipak Misra, Justice DY Chandrachud and Justice AM Khanwilkar on Friday dismissed the writ petition filed by Ghaziabad primary school teacher Neeta Upadhyay praying for a common syllabus and curriculum for all children between the age of 6 and 14 years.

Notice Issued On Vidhi’s Petition Challenging Provisions From 119 Statutes Which Discriminate Against Persons Affected By Leprosy

The Supreme Court Bench headed by Chief Justice of India Dipak Mishra issued notice to Centre and states on a PIL filed by Vidhi Centre of Policy, seeking a direction to strike down 119 central and state legislation as they are discriminatory to people suffering from leprosy.

Disability Quota In Promotions: Contempt Charges Against MP Housing And Infrastructure Development Board Dropped

The Supreme Court, on Wednesday, dropped contempt charges against the M.P. Housing and Development Board on a plea alleging that it was not providing reservation in promotions to the disabled.

Allahabad HC Direction To IGP To Hold Particular Camp Sitting Set Aside

The Supreme Court set aside an Allahabad High Court that issued a slew of directions to Inspector General of Police (Law and Order) in the state, including holding of camp sitting on particular dates at particular police stations.

 Don’t Leave Husband’s Company Without Our Permission, SC Bench Tells A Wife

Supreme Court Bench of Justice Kurian Joseph and Justice Deepak Gupta, in an unusual order in a pending appeal, directed a woman to live with her husband for a few weeks and not to leave him without getting permission from it. The bench was considering an appeal filed by husband against the Punjab and Haryana High Court order that refused to grant him divorce.

Notice To Centre On Plea Challenging Delhi Police’s Blanket Ban On Right To Protest U/S 144, CrPC

The Supreme Court bench of Justice AK Sikri and Justice Ashok Bhushan on Monday admitted and issued notice to the Centre and the Commissioner of Police of Delhi on a writ petition filed by the NGO Mazdoor Kisan Shakti Sangathan challenging the arbitrary and repeated imposition of police orders under section 144, CrPC by which, virtually, the entire Central Delhi area is declared a prohibited area for holding any public meeting, dharna or peaceful protest.

Notice Issued On Petition Challenging Haj Guidelines, 2018

The Supreme Court, on Monday, issued notice on a Petition filed by the Kerala State Haj Committee challenging certain provisions of the Haj guidelines 2018-2022.

 Statutory Immunity To Women From Prosecution For adultery – SC Admits Writ Petition Challenging The Vires Of Section 497IPC

The Supreme Court bench of Chief Justice Dipak Misra and Justices A. M. Khanwilkar  and D. Y. Chandrachud on Friday admitted and issued notice on a writ petition challenging the validity of section 497 of the IPC, in so far as the impugned section extends immunity to women from prosecution for the offence of adultery, even as an abettor, under the garb of Article 15(3) of the Constitution.

 SC Forms Advocates’ Panel To Inspect Special Schools In UP

The Supreme Court Bench of Chief Justice of India Dipak Misra and Justices AM Khanwilkar and DY Chandrachhud constituted a committee of two lawyers – Gopal Shankarayanan and Rishi Malhotra, and asked them to inspect those special schools and file a status report.

SC Tells SIT To Submit Status Report On Ex-CBI Director Ranjit Sinha’s Complicity In ‘Coalgate’

The Supreme Court bench of Justice Madan B Lokur, Justice AK Sikri and Justice Kurien Joseph on Monday directed the Special Investigation Team (SIT), constituted under the apex court’s order dated January 23 to probe the prima facie involvement of former CBI director Ranjit Sinha in the coal block allocation scam, to submit its status report to the Court within four weeks.

 Jishnu Pranoy Case: Probe Entrusted To CBI

The Supreme Court directed the Central Bureau of Investigation to probe into the mysterious death of engineering student Jishnu Pranoy of Kerala.

 Professional Ethics: SC Asks Govt To Consider Bringing Regulatory Mechanism To Check Violation Of Ethics By Lawyers

The Supreme Court, in B Sunitha vs State of Telangana, made a significant observation calling upon the government and the authorities to look into the issue of introducing requisite legislative changes for an effective regulatory mechanism to check violation of professional ethics and also to ensure access to legal services.

Should Land Acquisition Proceedings Lapse If Landowners Refuse To Accept Compensation? Question Referred To Larger Bench

The Supreme Court, on Thursday, referred to a larger Bench the question of applicability of Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

SC Takes Note Of “Depleting Strength” Of CAT, NCDRC; AG Asked To Take Instructions On Filling Up Vacancies

The Supreme Court On Friday directed Attorney General K K Venugopal to take instruction from the Centre by Monday as to what it planned to do regarding filling of vacancies in Central Administrative Tribunal and National Consumer Disputes Redressal Commission.