Supreme Court Weekly Round-Up

Supreme Court Weekly Round-Up

No Special Consideration Can Be Given To Accused In Granting Bail Simply Because He Is A Foreigner

The Supreme Court, on Tuesday, asserted that an accused cannot be given any special consideration while granting bail simply because of the fact that he is a foreigner. “The law under Section 439 of Cr.P.C is very clear and in the eyes of the law every accused is the same irrespective of their nationality,” the Bench comprising Justice N.V. Ramana and Justice S. Abdul Nazeer observed.

Arbitral Award On The Issue Of Limitation Is An ‘Interim Award’: SC Suggests Amending S.34 Of Arbitration Act To Avoid Piecemeal Challenges

The Supreme Court, in Indian Farmers Fertilizer Co-Operative Limited v. Bhadra Products, held that an award delivered by an arbitrator, which decides the issue of limitation, is an interim award, that can be challenged separately and independently under Section 34 of the Arbitration and Conciliation Act, 1996.

 SC Stays Execution Of Death Sentence Awarded To Man Convicted For Murder Of Five ‘Sleeping’ Persons, Including A Minor

The Supreme Court stayed the execution of death sentence awarded to one Murugeshan in a murder case. Murugeshan was found guilty by the trial court for murdering five persons, including an 8-year-old kid. The prosecution case is that the accused using a chopper, murdered five persons who were sleeping in a hut. The deceased include a minor child of eight years.

‘We Don’t Want To Flog A Dead Horse’: SC Turns Down Plea For SIT Probe Into ‘Attack’ On Kanhaiya Kumar On Court Premises

The Supreme Court bench led by Justice Ranjan Gogoi on Wednesday dismissed Advocate Kamini Jaiswal’s petition seeking a Special Investigation Team (SIT) probe into the incidents of attacks on then JNU student union leader Kanhaiya Kumar on 15 and 17 February, 2016, at Patiala House Court while he was escorted to court room in a sedition case.

 SC Seeks CBI Response On Rajiv Gandhi Murder Convict Perarivalan’s Plea To Recall Trial Court’s Conviction Order

The Supreme Court bench of Justice Ranjan Gogoi and Justice R Bhanumathi on Wednesday sought CBI response on the plea of AG Perarivalan, a life convict in the former PM Rajiv Gandhi assassination case, to recall the trial court’s conviction order against him in 1998.

 SC Bars HC From Hearing The Constitutional Validity Of Insolvency and Bankruptcy Code /NCLT

Supreme Court of India on Thursday directed Gujarat High Court not to enter into the debate pertaining to the validity of the Insolvency and Bankruptcy Code, 2016 or the constitutional validity of the National Company Law Tribunal.

 SC Grants ‘One-Time Relaxation’ To Candidates Enrolled For Distance Course In Engineering During 2001-2005 Academic Years

The Supreme Court, in a relief to those candidates who were enrolled for Distance Course in Engineering during the academic years 2001-2005, issued directions as ‘one-time relaxation’

GST On Sanitary Napkins: SC Stays Proceedings Before Delhi & Bombay HCs

The Supreme Court, on Monday, stayed the proceedings pending before the Delhi and Bombay High Courts challenging the constitutional validity of imposition of 12% Goods and Services Tax (GST) on sanitary napkins.

 Hadiya Case: We Can’t Question The Legitimacy Of An Adult Woman’s Choice Of Marriage, Observes SC

The Supreme Court bench of Chief Justice Dipak Misra, Justice D. Y. Chandrachud and Justice A. M. Khanwilkar on Tuesday, in the course of the hearing of the Special Leave Petition in ‘Shafin Jahan v. UOI’, observed that the  investigation by the National Investigation Agency (NIA) will not have any bearing in Hadiya’s marital status.

SC Rejects Rajasthan Govt.’s Plea Against HC Order For CBI Investigation Against Police Officers In Custodial Death Case

The Supreme Court bench of Justice S. A. Bobde and Justice L. Nageswara Rao on Thursday refused to admit a Special Leave Petition filed by State of Rajasthan against the order of Rajasthan High Court transferring to the Central Bureau of Investigation (CBI) the investigation in a FIR registered under sections 143, 365 and 302 of the IPC against the state police personnel in respect of a custodial death.

Aadhaar For Bail: SC Asks Chhattisgarh HC To Decide The Plea For Modification Of Order In 10 Days

The Supreme Court on Thursday disposed of the Special  Leave Petition challenging the Chhattisgarh High Court order by which it had made Aadhaar card of the accused as well as surety mandatory before obtaining bail.

Why Can’t An Amendment Be Brought To Exclude ‘Toddy’ From The Definition Of ‘Liquor’, SC Asks Kerala Govt.

The Supreme Court on Thursday took up the writ petitions filed by the Kerala Toddy Shop Licensee Association and Vaikom Taluk Chethu Thozhilali Union seeking a direction to the Kerala government to not treat ‘toddy’ as ‘liquor’ while enforcing the highway liquor ban in the state.

  “Let Those Who Don’t Like Not Watch”, SC Refuses To Modify Order Staying ‘Padmavat’ Screening Ban In States

The Supreme Court on Tuesday refused to recall or modify its January 18 order by which the ban on screening of controversial movie ‘Padmaavat’ in four states was staying the notification to that effect.

Padmaavat Pre-Release Violence: SC Agrees To Hear Contempt Plea Against 4 States, Karni Sena Leaders

The Supreme Court on Thursday agreed to hear on Monday two petitions which sought initiation of contempt proceedings against the state governments of Gujarat, Rajasthan, MP and Haryana for not taking steps to ensure law and order before the release of  controversial movie ‘Padmaavat’ and not providing enough security to theatres.