Supreme Court Weekly Round-Up

Writ Of Mandamus Can’t Be Issued To Legislature To Amend Law“The writ of mandamus cannot be issued to the legislature to bring about an amendment in a legislation,” remarked the Supreme Court bench of Chief Justice Dipak Misra, Justice DY Chandrachud and Justice AM Khanwilkar on Friday.Cooperative Society Employee Can Choose Any Forum Under Kerala Cooperative Societies Act Or Industrial Disputes ActOverruling a Kerala High Court full bench judgment, the Supreme Court in KA Annamma v The Secretary, Cochin Co-operative Hospital Society Ltd, held that the Kerala Co-operative Societies Act and the Industrial Disputes Act both possess and enjoy the concurrent jurisdiction to decide any service dispute arising between the Co-operative Society’s employee and his/her employer.SC Elucidates Principles Of ‘Under Insurance’ And “Averaging Out” Elucidating the principles of “under-insurance” and “averaging out”, the Supreme Court, in IC Sharma vs The Oriental Insurance Co Ltd, held that when a group of items is insured under one heading and only some of the items and not all items are lost/stolen, then the principle of under-insurance will apply. The court also held that if all or most of the items of value covered under the policy are stolen, then the insurance company is bound to pay the value of the goods insured. Suspecting Prima Facie Case Of Collusion Between Promoters & Petitioners, SC Stays Insolvency Proceedings At NCLT, Mumbai The Supreme Court recently stayed proceedings in a matter at the National Company Law Tribunal’s Mumbai bench observing that there seems to be a prima facie case of a collusive effort between the promoters and the petitioners. The division bench of Justice Rohinton F Nariman and Justice Navin Sinha made the observation while hearing a civil appeal filed by investors of a collective investment scheme run by two companies namely Royal Twinkle Star Club Ltd and Citrus Check Inns Ltd.Mullaperiyar Dam: SC Tells Centre To Set Exclusive Committee To Deal With Any Unpredictable DisasterA Supreme Court bench headed by Chief Justice of India (CJI) Dipak Misra directed the Centre to set up a committee exclusively to deal with any unpredictable disaster that would occur at the downstream of Mullaperiyar dam in Kerala. The bench also directed the state of Tamil Nadu, owner of the dam, and Kerala, where the dam is located, to set up their own committees under respective state plans to work in co-ordination with central committee in case of any disaster.JGLS Gangrape: SC Slams Punjab And Haryana HC Order Suspending Sentence Of AccusedThe Supreme Court bench of Justice SA Bobde and Justice L Nageswara Rao on Thursday criticized the order dated September 13, 2017, of the Punjab and Haryana High Court, suspending the sentence of imprisonment for 20 years of two students of Jindal Global Law School convicted for gangrape of a co-student and permitting their release on bail during the pendency of the appeals against the conviction.Nirbhaya Fund: SC Directs All States And UTs To Disclose Details Of UtilizationThe Supreme Court bench of justices Madan B. Lokur and Deepak Gupta, on Tuesday, directed all the States and Union Territories, that are respondents in the case of Nipun Saxena v Union of India, to file an affidavit within a period of four weeks, indicating the amount received by each State Government and Union Territory under the Nirbhaya Fund towards victim compensation. The bench also directed them to disclose how much of that amount has been disbursed to the victims of sexual assault.SC Stays NCLAT Order That Said Limitation Act Doesn’t Apply To Proceedings Under IBC The Supreme Court on Wednesday stayed the order of the National Company Law Appellate Tribunal which said the provisions of the Limitation Act were not applicable for initiation of Corporate Insolvency Resolution Process under the Insolvency and Bankruptcy Code (IBC).SC Pulls Up M’rashtra Govt For ‘Casual’ Approach In Filing Delay Condonation ApplicationsThe least we expect is that the language is such that it can be understood, said the Supreme Court, as it took a strong exception to the ‘casual’ approach of the Maharashtra Government in filing delay condonation applications. The bench comprising of Justice J Chelameswar and Justice Sanjay Kishan Kaul Court dismissed a Special Leave Petition filed by the state against acquittal, on the ground of delay. Gandhi assassination Case: SC Asks Pointed Questions To Petitioner; Gives 4 Weeks To RespondThe Supreme Court on Saturday posed pointed questions to a petitioner seeking re- opening of the assassination of Mahatma Gandhi, and asked him to satisfy it on aspects of delay and his locus to raise this issue.Should Husband Follow Both Maintenance Orders Under Crpc And Domestic Violence Act: SC Issues NoticeIn case, a wife obtains an order of maintenance passed in the proceedings filed under Section 125 of CrPC is to be followed, and another order passed in the proceedings filed under the...

Supreme Court Weekly Round-Up

Ashok K.M

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