Supreme Court Weekly Round-Up

‘Appellate Officer’ Under Public Premises (Eviction Of Unauthorized Occupants) Act, 1971 Is Not Persona Designata, But Civil CourtThe Supreme Court, in Life Insurance Corporation of India v Nandini J Shah & Ors, held that the appellate officer while exercising power under Section 9 of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971, does not act as a persona designata but in his capacity as civil court. Retired District Judges Can Be Appointed To HCs, Additional HC Judges Can Be Appointed For A Tenure Of Less Than 2 Yrs The Supreme Court bench of Justices A. K. Sikri and Ashok Bhushan, on Friday, pronounced judgment on the writ petition filed by advocate Sunil Samdaria challenging the appointment of Justice Virendra Kumar Mathur and Justice Ram Chandra Singh Jhala as Additional Judges of Rajasthan High Court. The bench upheld the notifications of appointment of the aforesaid judges. It Is Not mandatory For The Court To Grant Bail U/S 88 Cr.P.C Just Because Accused Was Not Arrested By Police During InvestigationSupreme Court of India held that it is not obligatory for a Court to release an accused by accepting the bond under Section 88 Cr.P.C. on the ground that he surrendered before the Court voluntarily and he was not arrested during investigation.Definite Timelines Should Be Drawn For Each Stages Of Appointment Process Of JudgesSupreme Court of India on Friday observed that definite timelines should be drawn for each stage of the process of appointment of Judges so that process of appointment is accomplished within a time-bound manner. SC Says Multi-National Accounting Firms Are Prima Facie Violating The Law; Directs Centre To Constitute Expert Committee The Supreme Court, on Friday, directed the Centre to constitute within two months a Committee of Experts in order to look into the functioning of the Multi-national Accounting Firms (MAFs) in India. This Committee would have to submit a report on the issues highlighted by the Court within three months thereafter.SC Upholds Gujarat HC’s Refusal To Issue Writ To State Authorities To Aid Recovery Of Dues Of Over 37,000 Farmers From Private CorporationThe Supreme Court bench headed by Chief Justice Dipak Misra on Friday refused to interfere with the Gujarat High Court order of October, 2017, wherein the High Court had ruled that, in exercise of its writ jurisdiction under Article 226, it cannot issue directions to state authorities to aid in the recovery of the outstanding dues of over 37,000 farmers from a private corporation engaged in crop improvement and development of hybrid seeds.State Govt. Can Take Over Private Schools Which Were Decided To Be Closed By Management In the Public InterestThe Supreme Court, on Friday, upheld the Kerala Government’s decision to take over three private aided schools under the Kerala Education Act, 1958. The Court held that the State decision to run the Primary schools which were decided to be closed by their respective management was in public interest and in the interest of the education and the High Court has rightly refused to interfere with the decision of the State Government taking over the schools to run the same directly by the Government.Observation On Merits For Ordering Further Enquiry By Revisional Court Is Not Taking CognizanceThe Supreme Court, in Rajendra Rajoriya v Jagat Narain Thapak, observed that reasons provided for ordering further enquiry under Section 398 of CrPC and the observations provided on merit by a revisional court cannot be said to have an effect of taking cognizance and the order of magistrate should reflect independent application of mind by the magistrate to the material placed before him.BCI Can’t Act Like An Appellate Authority Over Its Own Order While Exercising Review PowersRestating the scope of review powers of a disciplinary committee of Bar Council of India, the Supreme Court, in Advanta India Ltd v BN Shivanna, observed that Bar Council of India cannot act like an appellate authority over its own order while exercising review powers.SC Directs Delhi HC To Drop All Actions Against ADJ Kamin Lau After Her Unconditional Apology To HCThe Supreme Court bench headed by Chief Justice Dipak Misra on Friday, directed the Delhi High Court to drop all proceedings against Additional District Judge Kamini Lau after she had tendered unconditional apology to High Court as directed by the Supreme Court.Details Of Marks In Civil Service Examination Can’t Be Disclosed Mechanically Under RTI The Supreme Court, in UPSC v Angesh Kumar, while setting aside a high court judgment observed that information sought with regard to details of marks in Civil Services Exam cannot be directed to be furnished mechanically. SC Finds UPPSC Scaling Method For Results Of 2004 Exams Arbitrary But Refuses To Upset AppointmentsThe Supreme Court declared as “arbitrary” the adoption of scaling method by the Uttar Pradesh Public Service Commission (UPPSC) for awarding marks to candidates in the...

Supreme Court Weekly Round-Up

Ashok K.M

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