Supreme Court Weekly Round-Up

Supreme Court Weekly Round-Up

Aadhaar Not Mandatory For NEET And Other Examinations

The Supreme Court on Wednesday held that Aadhaar is not mandatory for registering or appearing for NEET or any other national examinations. The Aspirants can Voter ID, Passport, Driving License, Bank Account book for the purpose.

Kerala HC Judgment Annulling Marriage Between Hadiya And Shafin Jahan Set Aside

The Supreme Court set aside the Kerala High Court judgment annulling the marriage between Hadiya and Shafin Jahan- a marriage which was debated throughout the country during the past few months. The Apex Court quashed the High Court judgment in view of Hadiya’s statement during her personal appearance before the Court in November, 2017, and opined that the High Court could not have annulled the marriage under Article 226 of the Constitution of India. It, however, directed the National Investigation Agency (NIA) to continue with its investigation.

Right To Die With Dignity A Fundamental Right, SC Allows Passive Euthanasia And Living Will, Issues Guidelines

Supreme Court of India held that right to die with dignity is a fundamental right. The Bench also held that passive euthanasia and a living will also legally valid. The Court has issued detailed guidelines in this regard.

HC Can’t Issue Quo Warranto Writ Unless Satisfaction About Disqualification /Ineligibility Is Founded On Indisputable Facts

The Supreme Court, in Bharati Reddy v The State of Karnataka, observed that unless the writ court is satisfied that the incumbent was not eligible at all as per the statutory provisions for being appointed or elected to the public office or that he/she has incurred disqualification to continue in the said office, which satisfaction should be founded on the indisputable facts, the high court ought not to entertain the prayer for issuance of a writ of quo warranto.

Awards Of Compensation Are Not Law’s Doles, But Entitlements Under Law

While enhancing compensation awarded to a man who lost both his hands in an accident, the Supreme Court, in Jagdish v Mohan, observed that the measure of compensation must reflect a genuine attempt of the law to restore the dignity of the being.

Consumer Forums Needn’t Refer Parties To Arbitration In Terms Of Valid Arbitration Agreement

Dismissing the appeals filed by builders, the Supreme Court upheld the National Consumer Dispute Redressal Commission (NCDRC) order that held that arbitration clause in the agreements cannot circumscribe the jurisdiction of a consumer fora, notwithstanding the amendments made to Section 8 of the Arbitration Act.

Execution Of Death Sentence Of Man Convicted Of Rape & Murder Of 6-Yr-Old Girl Stayed

The Supreme Court bench headed by Chief Justice of India Dipak Misra stayed execution of the death sentence of a man convicted for rape and murder of a 6-year-old girl. Chotkau was convicted by the trial court for rape and murder of a 6-year-old girl. The Lucknow bench of the Allahabad High Court had affirmed the conviction and confirmed the death sentence awarded to him.

“You Cannot Insult A Chief Minister Just Because He Is Not From Your Party”, SC Tells BJP MLA & Councillor In Sealing Case, Drops Contempt Proceedings

The Supreme Court on Tuesday pulled up BJP MLA Om Prakash Sharma and municipal Councillor Gunjan Gupta, against whom it had earlier issued show cause notices for contempt for allegedly obstructing authorities from carrying out the sealing drive in the Shahdara area, for insulting Delhi Chief Minister Arvind Kejriwal.

SC Allows Babu Sebastian To Continue As MG University VC Till Next Date Of Hearing

The Supreme Court permitted Babu Sebastian to continue as Vice-Chancellor of Mahatma Gandhi University, whose appointment was quashed by Kerala High Court, till the next date of hearing scheduled on April 16. This interim order was issued by a three-judge bench headed by Chief Justice of India Dipak Misra on a special leave petition filed by Babu Sebastian.

SC Imposes Rs. 1 Lakh Cost On Kerala Govt For Not Filing Affidavit And Only Seeking Adjournments

The Supreme Court imposed Rs. 1 lakh cost on Kerala for repeated adjournment of the case without filing affidavit. The bench of Justice Madan B Lokur and Justice Deepak Gupta were considering the state’s appeal against the Kerala High Court order which had ruled in favour of CBSE schools with respect to orders passed by the state containing several clauses adversely affecting the functioning of the CBSE-affiliated schools in the state.

SC Seeks Centre’s Stand On A Plea Challenging The Appointment Of Sambit Patra And Shashi Shanker In ONGC

The Supreme Court on  Monday sought to know Centre’s stand on allegations of arbitrary and malafide appointment of BJP Spokesperson Sambit Patra as the non-official independent director and that of Shashi Shanker as CMD of Oil & Natural Gas Corporation (ONGC).

Notice Issued On PIL Challenging Appointment Of Assam Finance Minister As President Of National Badminton Assn

The Supreme Court bench headed by Chief Justice Dipak Misra on Monday issued notice on a PIL seeking the removal of Assam state Finance Minister Himanta Biswa Sarma from the post of President of Badminton Association of India (BAI) on the ground that a minister or a public servant cannot become an office bearer in a sports body.

Safer Buildings: Notice To Centre On Proper Implementation Of National Building Code

A Supreme Court bench headed by Chief Justice of India (CJI) Dipak Misra issued notice to Centre on a PIL seeking direction for proper implementation of National Building Code for construction of any building in the country. The bench, also comprising Justice AM Khanwilkar and Justice DY Chandrachud, however, declined to issue notice to states for the time being.

SC Reprimands DDA For Not Filing Affidavit, Stays Process To Amend Master Plan 2021

The Supreme Court on Tuesday put on hold any further move by Delhi Development Authority to amend Delhi Master Plan 2021 aimed to give relief to commercial establishments from sealing.

 “His Son Is An Army Official, Not A Common Criminal”, SC Stays Probe Against Major Aditya Singh On His Father’s Plea

The Supreme Court bench of Chief Justice Dipak Misra, Justice DY Chandrachud and Justice AM Khanwilkar, on Monday, hearing the writ petition by Lt Col Karamveer Singh, father of Major Aditya Singh, who was allegedly involved in Shopian firing on January 27 causing the death of three civilians, directed that no investigation may be proceeded with against the petitioner’s son until the next hearing of the matter on April 24.

SC Gives Centre 4 Weeks to Inform About Steps Taken To Appoint Lokpal; Bhushan Says Govt Has No Such Plan

The Supreme Court on Tuesday asked the Centre to inform it within four weeks the steps being taken to appoint a Lokpal even as noted lawyer Prashant Bhushan, appearing for petitioner NGO Common Cause told the bench that “it was clear that the government does not want to appoint” the most important anti-corruption watchdog.

SC Reserves Judgment On Plea Against Present System Of Salaries And Allowances Of MPs, Pension Of Former MPs

A Supreme Court bench of Justice J Chelameswar and Justice Sanjay Kishan Kaul on Wednesday reserved the verdict on NGO Lok Prahari’s plea to scrap the amendments made by Parliament to the Salary, Allowances and Pension of Members of Parliament Act, 1954 and also of the provisions to provide pension and for the grant of facilities to former members of Parliament.

“You Keep Saying We Will Do This And That. But Do Nothing”, SC Pulls Up Delhi Govt Over Solid Waste Management

The Supreme Court on Wednesday pulled up the Delhi government for its failure to come up with specific proposal to deal with the issue of solid waste management. “You keep on saying we will do this we will do that but when are you going to do it. What you are showing is all discussions”, a bench of Justices Madan B Lokur, Kurian Joseph and Deepak Gupta told Additional Solicitor General (ASG) Pinky Anand who was representing the Delhi government’s Chief Secretary.

“Won’t Interfere, Approach Govt”, SC Refuses To Entertain PIL For Two-Child Norm

Supreme Court on Wednesday refused to entertain a PIL demanding a direction to the Centre to formulate and implement a strong “population control law like two child norm in view of the “exorbitant rise” in the country’s population. “No, we will not entertain this petition. This is a job of the parliament and not of the court. You can approach the government if you want”, the bench headed by Chief Justice Dipak Misra said.