Supreme Court Weekly Round-Up
Service Of Summons Without Mentioning Therein Specific Day, Date, Year And Time Can’t Be Held As ‘Summons Duly Served’
The Supreme Court, in Auto Cars v Trimurti Cargo Movers Pvt Ltd & Ors, held that service of summons on the defendants without mentioning therein a specific day, date, year and time cannot be held as “summons duly served” on the defendants within the meaning of Order IX Rule 13 of the Code.
Not Just Candidates, Their Spouses & Dependents Too Should Reveal Source Of Income & Assets While Filing Nomination
In a landmark decision, the Supreme Court on Friday “allowed” the prayers in a PIL filed by NGO Lok Prahari seeking steps to prevent MPs and MLAs from amassing disproportionate assets and to make it mandatory for not only candidates but their spouses and dependents also to reveal their source of income.
Conviction For Causing Disappearance Of Evidence Merely Because Of Failure To Inform Police About Crime Not Justified
The Supreme Court, in Dinesh Kumar Kalidas Patel v State of Gujarat, held that a person cannot be convicted for causing disappearance of evidence merely because he failed to inform the police about the crime.
Arbitral Award Can Straightaway Be Executed In The Court Where Assets Are Located, Without Obtaining Transfer Of Decree
Putting at rest a difference of legal opinion between several High Courts throughout the country, the Supreme Court, on Thursday, ruled that an arbitral award can straightaway be filed and executed in the Court where the assets are located, without first obtaining a transfer of decree from the Court which would have jurisdiction over the arbitral proceedings.
Mere Allegation That No-Claim Certificate Was Obtained Under Financial Duress & Coercion Doesn’t Lead To Arbitrable Dispute
Setting aside an arbitration reference order issued by the High Court, the Supreme Court held that the party should not have been permitted to raise arbitration dispute after accepting full and final payment of the contractual amount. The Court observed that mere allegation that no-claim certificate has been obtained under financial duress and coercion, without there being anything more to suggest the same, does not lead to an arbitrable dispute.
An Employee Is Entitled To Subsistence Allowance Pending Inquiry
The Supreme Court, on Thursday, ruled that an employee is entitled to subsistence allowance pending inquiry against him, opining that denial of financial resources would amount to depriving him of an opportunity to defend himself.
Cauvery: SC Directs Karnataka To Release 177.25 TMC Of Water To Tamil Nadu
The Supreme Court three-judges bench headed by Chief Justice Dipak Misra on Friday pronounced the judgement on the Cauvery Water Dispute between the states of Karnataka, Tamil Nadu and Kerala and the UT of Puducherry, partially allowing the appeal preferred by the state of Karnataka in 2007 against the order of the Cauvery Water Disputes Tribunal. The bench directed the state of Karnataka to release 177.25 TMC of water, instead of the 192 TMC, to the state of Tamil Nadu.
Section 21A Of Banking Regulation Act Not Applicable To Agricultural Debts In States Where State Debt Relief Acts Are In Force
A Supreme Court bench comprising Justice R.F Nariman and Justice Navin Sinha in a petition filed challenging the validity of Section 21A of the Banking Regulation Act, 1949 laid down that Section 21A which prohibits courts from re-opening any transaction between a bank and its debtor on the ground of excessive rate of interest, has been held to be not applicable to agricultural debts in States where State Debt Relief Acts are in force
File Affidavits On Payment Of Compensation To Victims Of Sexual Assault :SC To States,UTs
The Supreme Court on Thursday expressed anger as none of the states and Union Territories, except Sikkim, filed affidavits specifying the amount they received by under the Nirbhaya Fund towards victim compensation and details of how much of that amount has been disbursed to victims of sexual assault.
SC Allows Judicial Officers To Participate In Selection To Delhi Higher Judicial Service
The Supreme Court issued notice in writ petitions filed by judicial officers who want to participate in the selection of the Delhi Higher Judicial Service. A bench of Justice Kurian Joseph and Justice Mohan M Shantanagoudar has directed the High Court of Delhi to register the applications of the petitioners and intervenors, if they are otherwise in order, ignoring the objections regarding seven years’ practice and in case they are otherwise eligible as per the three aspects.
For Ease Of Doing Business, Case Management Systems Need To Be Introduced For Efficient Justice Delivery
The Supreme Court, on Friday, highlighted the need for a case management system, in order to improve the justice delivery aspect of ease of doing business. ““Ease of business” and “enforcement of contract” are the two new buzzwords and rightly so. For ease of doing business insofar as justice delivery is concerned, it is time to introspect and introduce case management programmes to streamline the system so that suits and appeals can be decided more efficiently. The present appeal exemplifies the need for case management system,” the Bench comprising Justice M.B. Lokur and Justice Deepak Gupta observed.
Setting Aside Allahabad HC’s Acquittal, SC Convicts Man Charged For Kidnap & Murder Of Two Boys
The Supreme Court set aside a judgment of the Allahabad High Court that had acquitted a man of all charges in a kidnap and murder case. The trial court had convicted and sentenced Mahipal to death for kidnap and murder of two boys. The main evidence against the accused was the recovery of a SIM card from his room and that the dead bodies of the children were recovered from his compound.
OP Jindal University Gangrape Case: SC Directs Punjab & Haryana HC To Decide On Accused’s Appeals In 5 Months
A Supreme Court bench of Justice SA Bobde and Justice L Nageswar Rao on Thursday asked the Punjab and Haryana High Court to decide in five months the appeals of the accused in the OP Jindal University gangrape case.
Shopian- No Coercive Action Shall Be Taken Against Him: SC Directs J&K Govt, Issues Notice On A Plea To Quash FIR Against Major Aditya Kumar
The Supreme Court on Monday issued notice to Jammu and Kashmir government and Centre on a petition which sought quashing of FIR against Major Aditya Kumar in connection with the killing of two civilians in Shopian.
DA Case: Virbhadra Singh Gets 4-week Time To Respond To SC On CBI Plea Regarding Consent Of State Issue
A Supreme Court bench headed by Justice RK Agrawal granted 4-week time to former chief minister of Himachal Pradesh Virbhadra Singh on the CBI’s plea seeking clarification on the nature of sanction needed from a state government for conducting any inquiry or investigation into an offence in the state.
SC Transfers Plea Seeking CBI Probe Into ‘Gangrape’ Of 14-yr-old Scheduled Caste Girl By ‘Men In Uniform’ To Orissa HC
A Supreme Court bench of Justice Adarsh Kumar Goel and Justice UU Lalit transferred a petition seeking CBI probe into the alleged gang rape of a 14-year-old Scheduled Caste girl by “men in uniform” and subsequently her suicide to death last month in Koraput district, to Orissa High Court saying four petitions on similar issue were pending there.
SC Dismisses Commodore PK Banerjee’s Appeal Against Adverse Remarks In ACR Which Affected His Promotion
While rejecting an appeal filed by Commodore PK Banerjee, who led India’s first anti-piracy operation as the captain of INS Tabar in 2008, against an order of the Armed Forces Tribunal, the Apex Court held that the Chief of the Naval Staff, in his capacity of Senior Reviewing Officer/Next Senior Reviewing Officer(SRO/NSRO), is competent to undertake review of confidential report grading of Captain/ Commodore and above rank officers for moderation of grades.
SC Dismisses Singh Brothers’ Appeal Against Rs. 3500-Cr Arbitral Award To Daiichi
The Supreme Court, on Friday, rejected the Special Leave Petition filed by former promoters of Ranbaxy — Malvinder Mohan Singh and Shivinder Mohan Singh — challenging the Delhi High Court order which had upheld the Rs 3,500-crore arbitral award in favour of Japanese drug maker Daiichi Sankyo.
If A Convict Can’t Contest In Election, How Can He Head A Political Party? Asks SC
The Supreme Court on Monday said it was of the view that a convicted person- criminal or corrupt- cannot head a political party but sought the final view of the Centre within two weeks on the matter.
SC Allows HP Govt. To Carry Out Monitored Silviculture Felling Of Trees
The Supreme Court, on Friday, allowed the Himachal Pradesh Government to carry out “silviculture felling” of trees and directed that the activity be closely monitored in order to ensure that it is, in fact, helping regeneration of forests.
SC Gives UP Govt Two Weeks To Clarify Stand On CrPC (UP) Amendment On Anticipatory Bail
On the issue of inclusion of anticipatory bail provision in Uttar Pradesh (UP), the Supreme Court bench of Justice SA Bobde and L Nageswara Rao on Monday pulled up the state government for not placing the Criminal Procedure (UP) Amendment Bill 2010 before the Assembly after the same was sent back by the President of India on some technical grounds in September 2011.
SC Dismisses Plea Seeking SIT Probe On Chhattisgarh Govt’s VIP Chopper Deal
The Supreme Court, on Tuesday, dismissed the petitions seeking a probe into the alleged irregularities in the purchase of a VIP Helicopter manufactured by AgustaWestland by the Chhattisgarh Government.
SC Seeks AG’s Assistance On PIL Seeking Bar On Legislators From Court Practice
The Supreme Court on Friday sought the assistance of Attorney General K K Venugopal in a PIL challenging the permission to an individual to perform the dual role of a lawyer and a legislator on grounds of conflict of interest and violation of BCI rules.
SC Issues Notice On Challenge To Haryana Backward Classes Act, 2016
The Supreme Court bench of Justices J Chelameswar and Sanjay Kishan Kaul, on Friday, issued notice on the prayer for interim relief, returnable in four weeks, against the Punjab and Haryana High Court’s order, refusing to quash Schedule-III of the Haryana Backward Classes (Reservation in Services and Admission in Educational Institutions) Act, 2016.
SC Asks CBI To Take Instructions On A Plea By Rajasthan Hate Crime Victim’s Wife Seeking SIT Probe, Compensation And Removal Of Videos
A two Judge Bench of the Supreme Court comprising Chief Justice Dipak Misra and AM Khanwilkar on Friday directed the CBI lawyer to take instruction on a petition filed by Gulbahar, wife of Mohammad Afrazul who was hacked and burnt in Rajsamand, Rajasthan seeking an impartial investigation from an independent national agency and also to look spreading of hate speech of a communal nature targeting a whole religious community and discriminating against them, demonizing them and encouraging violence against them and creating a communal divide.
SC Dismisses Petitions Against Delhi Judicial Service Examination 2015
The Supreme Court refused to interfere in Delhi Judicial Service Examination held in 2015. The division bench of Justice Arun Mishra and Justice Amitava Roy was considering a batch of writ petitions filed under Article 32 of the Constitution of India
Challenge Against Rule For Allotment Of Chamber To Heir Of Lawyer On The Event Of His Death: SC Issues Notice
The Supreme Court bench of Justices A. K. Sikri and Ashok Bhushan on Friday issued notice on the writ petition filed by Advocate on Record (AOR) Vishnu Shankar Jain challenging the constitutionality of Rule 7B of the Supreme Court Lawyers Chambers (Allotment and Occupancy) Rules.