Supreme Court Weekly Round-Up

Supreme Court Weekly Round-Up

‘Appellate Officer’ Under Public Premises (Eviction Of Unauthorized Occupants) Act, 1971 Is Not Persona Designata, But Civil Court

The 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 Investigation

Supreme 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 Judges

Supreme 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 Corporation

The 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 Interest

The 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 Cognizance

The 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 Powers

Restating 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 HC

The 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 Appointments

The 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 Provincial Civil Service (PCS) Examination, 2004, and the backlog examination, 2004 held against disturbing the appointments made pursuant to the said examinations.

 Assessee Entitled To Tax Refund On Subsequent Reduction Of Sale Price On Price Variation, Holds SC

The Supreme Court clarified that a sales tax assessee is entitled to get the refund of excess tax paid on provisional sale price if the price gets reduced subsequently on price variation. The judgment authored by Justice Deepak Gupta, on sharing bench with Justice Madan.B Lokur, was delivered in an appeal from the Rajasthan High Court.

Haryana Forestry Scam: Whistleblower IFS Officer Gets Relief From SC

The Supreme Court waived the cost of Rs 50,000 imposed by the Punjab and Haryana High Court on IFS officer Sanjiv Chaturvedi, who has been pursuing legal battle for a CBI probe into multi-crore Haryana forestry scam unearthed by him during his posting there, in 2005.

Candidates Contesting In Bar Council Elections Shall Disclose The Criminal Antecedents

Observing that the Madras High Court order is “moralistic”, a Supreme Court bench headed by Chief Justice of India Dipak Misra stayed the operation of high court’s February 16 directions to the Bar Council of India (BCI), the police and the Income Tax Department to ensure fake lawyers or those indulging in corruption to win elections can be weeded out in the Bar Council of Tamil Nadu and Puducherry election to be held on March 28.

Safety Standards Of Quadricycles: SC Asks Centre To Give Due Consideration To Suggestions Of Petitioners, Decide Expeditiously

The Supreme Court on Friday asked the Centre to consider suggestions of all parties concerned and decide expeditiously the issue concerning safety standards of quadricycles, a lightweight four-wheeler and also four wheelers of mass upto 1500 kg.

Flight Op From T-1 To T-2: SC Refuses To Interfere With DIAL’s Order, Extends Deadline To Suggest Sectors For Part Shifting

The Supreme Court on Friday refused to interfere with DIAL’s administrative order directing IndiGo, SpipceJet and GoAir to shift their flight operations to and fro Mumbai, Kolkata and Bengaluru from Terminal 1 to Terminal 2 of Indira Gandhi International Airport during the redevelopment of T-1.

SC Issues Notice To UP Police On Ex-Minister Gayatri Prajapati’s Plea For Regular Bail In Rape Case

A Supreme Court bench headed by Justice AK Sikri issued notice to the Uttar Pradesh police on a petition filed by Ex- minister Gayatri Prajapati seeking regular bail in a rape case.

 A 3 Judge Bench ‘Stays’ Another 3 Judge Bench Judgment That Declared A 2014 Three judge Bench Judgment As ‘Per incuriam’

In an surprising order, a three judge bench of the Supreme Court headed by Justice Madan B. Lokur, requested the other SC benches and the High Courts not to deal with any cases relating to the interpretation of or concerning Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

Criminal Proceedings Against Priya Varrier In Relation To The Song ‘Manikya Malraya Poovi’ Stayed

The Supreme Court bench of Chief Justice Dipak Misra, Justice D. Y. Chandrachud and Justice A. M. Khanwilkar on Wednesday granted stay on all criminal proceedings against actress Priya Varrier and the director of the Malayalam film ‘Oru Adaar Love’, Omar Abdul Vahab. The Court has issued notice to the States of Telangana and Maharashtra.

SC Tells Centre To Clarify Stand On Permanent Commission For Fixing Salaries & Allowances For MPs

Expressing displeasure over the Central Government’s failure to make its stand clear to the proposition for a permanent commission which will fix the salaries and perks for the sitting MPs, the Supreme Court Bench told the Centre to inform the court about its stand by March 6.

SC Notice To Delhi Police On Swamy’s Plea For Court-Monitored SIT Probe Into Sunanda Pushkar Death

The Supreme Court bench of Justice Arun Mishra and Justice A. M. Khanwilkar, on Friday, issued notice on a Special Leave Petition (SLP) preferred by BJP Leader Dr. Subramanian Swamy against the Delhi High Court order dismissing the plea for multidisciplinary SIT or CBI probe in the death of Sunanda Pushkar, while keeping open the question regarding the maintainability of the petition.

 SC Leaves It To State Govts To Determine Whether Certain Municipal Areas Warrant Liquor Ban On Highways

Clearing confusion around its order which said the liqour ban along the highways does not apply to licenced establishments falling within the municipal areas, the Supreme Court on Friday said it would be open to the state governments to determine whether the principle, which has been laid down it in July 11, 2017, should also apply to areas covered by local self-governing bodies and statutory development authorities or is the area developed enough to warrant a ban.