Supreme Court Weekly Round-Up

Supreme Court Weekly Round-Up

Petitions Seeking Probe Into The Death Of Judge Loya Dismissed

Supreme Court of India dismissed the petitions seeking independent probe into Judge Loya’s death. The Three Judge bench of Chief Justice Dipak Misra, Justice D. Y. Chandrachud and Justice A. M. Khanwilkar, was pronouncing the verdict in the string of writ petitions seeking an independent probe into the death of CBI special judge B. H. Loya.

National Commission for Minority Educational Institutions Has Power To Decide Minority Status Of Existing Educational Institution

In an important judgment, the Supreme Court held the National Commission for Minority Educational Institutions (NCMEI) has the power to decide minority status of an already existing educational institution and all applications for the establishment of a minority educational institution after the Amendment Act of 2006 must go only to the competent authority set up under the statute.

Plaintiff Can’t Seek Specific Performance And Injunction In One Suit

The Supreme Court in Sucha Singh Sodhi v Baldev Raj Walia, held that a plaintiff could not claim the relief of specific performance of agreement along with the relief of a permanent injunction in a suit.

‘Exceeded Jurisdiction’: NGT’s Direction For Pilgrims To Maintain Silence In Front Of Amarnath Ji Maha Shivling Set Aside

The Supreme Court set aside National Green Tribunal orders that directed the pilgrims to maintain silence while standing in front of the Amarnath Ji Maha Shivling – a natural formation in the cave, observing that it exceeded its jurisdiction.

Sec 27 Of Evidence Act Applicable Only If Confessional Statement Leads To Discovery Of Some New Fact

The Supreme Court, in Navaneethakrishnan v The State by Inspector of Police, reiterated the settled legal proposition that Section 27 of the Evidence Act is applicable only if the confessional statement leads to the discovery of some new fact while setting aside the conviction in a murder case.

Ex Post Facto Notice Is Not Contemplated Under Provisions Of Sec. 6(2) Of Competition Act

The Supreme Court, in SCM Solifert Limited vs. Competition Commission of India, observed that ex post facto notice is not contemplated under the provisions of section 6(2) of the Competition Act and the sa

No Requirement Of Mens Rea Or Intentional Breach As An Essential Element For Levy Of Penalty Under Sec. 43A Competition Act

The Apex Court, in Competition Commission of India vs. Thomas Cook (India) Ltd., observed that the imposition of penalty under section 43A of the Competition Act is on account of breach of a civil obligation, and the proceedings being neither criminal nor quasi-criminal, there is no requirement of mens rea or intentional breach as an essential element for levy of penalty.

An Advocate May Know The Law But Can’t Presume That He Is Well Aware Of All Procedural Requirement On Agricultural Electricity Service Connection

In an interesting judgment, the Supreme Court observed that though a presumption that an advocate is supposed to know the law can be raised; there can be no presumption that an advocate is well aware of all procedural requirements regarding making of an application, in this case, an application for agricultural service connection.

AFT Order To Reinstate Naval Officer Found Guilty Of Making Obscene Calls To Wives Of Three Naval Officers Upheld

The Supreme Court upheld findings of Armed Forces Tribunal that had found a Naval officer guilty of making obscene telephone calls to wives of three Naval officers yet set aside the punishment of ‘dismissal from the service’ and had modified the punishment to ‘forfeiture of seniority of 24 months’.

 ‘Unreasoned’ Family Court Order That Asked Husband To Pay Rs.15 Lakh Permanent Alimony To Wife Set Aside

The Supreme Court today set aside an ‘unreasoned’ family court order that directed a husband to pay Rs. 15 lakh as permanent alimony to wife. The bench of Justice RK Agrawal and Justice AM Sapre was considering an appeal filed by Jalendra Padhiary against an Orissa High Court order that had dismissed his appeal against the family court order awarding permanent alimony, in limine.  The family court had passed a decree of divorce by dissolving the marriage, directing the husband to pay permanent alimony of Rs.15,00,000 and litigation expenses of Rs. 10,000 to the wife.

Centre’s Decision To Scrap Limited Competitive Examination For Recruitment To IPS Upheld

The Supreme Court upheld the decision taken by the Central government to scrap the Limited Competitive Examination (LCE) recruitment for making appointments to the Indian Police Service (IPS), observing that the same has been taken in the ‘larger public interest’.

Husband’s Plea For Anti-Suit Injunction Against Wife’s Plea In US Court Seeking Divorce On Ground Of Irretrievable Breakdown Of Marriage Rejected

The Supreme Court dismissed a husband’s plea seeking an anti-suit injunction against his wife to restrain her from pursuing petition she had filed in a Florida (US) court, seeking divorce on the ground of irretrievable breakdown of marriage.

Unilateral Withdrawal Of Temporary Enhancement Of Age Of Superannuation Illegal

The Supreme Court, in Paradeep Phosphates Limited vs. State of Orissa, held that unilateral withdrawal of the order of enhancement of age of superannuation of the employees which was temporary in nature, amounts to the contravention of Section 9A of the Act and such act of the employer is bad in the eyes of law.

 SC Allows 10 Students To Pursue MBBS Course In Malabar Medical College

In a relief to 10 MBBS students, whose admissions were canceled, the Supreme Court allowed them to pursue the course, by setting aside the orders of Kerala High Court and Admission Supervisory Committee (ASC).

 SC Dismisses Two Appeals Against Forfeiture Of Dawood Ibrahim’s Properties

A Supreme Court bench of Justice RK Agrawal and Justice AM Sapre on Friday dismissed two appeals against a 2012 judgment of the Delhi High Court directing forfeiture of properties under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act (SAFEMA) of 1976, preferred on behalf of Amina Bi Kaskar and Hasina Ibrahim Parkar, the (now deceased) mother and sister, respectively, of mafia lord Dawood Ibrahim.

Three-Year Experience As Lecturer For Promotion To Post Of Assistant Professor Need Not Be After Completion Of PG Degree

The Supreme Court, interpreting the provisions of the Karnataka Health & Family Planning services (Collegiate Branch) Recruitment Rules, 1967, observed that three years’ experience as lecturer for promotion to the post of Assistant Professor (Ophthalmology) need not be after completion of the Post-Graduate Degree.

 You May Choose Which Amby Valley Properties To Sell: SC To Sahara

The Sahara Group was on Thursday allowed by the Supreme Court to choose any part of its properties in the Aamby Valley city project in Maharashtra and sell them by May 15 and deposit the proceeds with SEBI-Sahara refund account.

“People Are Dying. But You Show No Urgency”, SC Summons Chief Secys In Delhi Vs Haryana Water War

Chief Secretaries of Haryana and Delhi have been summoned by the Supreme Court on Thursday for next Monday, April 23 after the Delhi Jal Board said it was not receiving enough water to supply to the national capital. A bench headed by Justice Madan B Lokur took a strong note of the apathy shown by authorities in dealing with the water woes of the residents of the national capital.

Nanak Shah Fakir: SC Refuses To Deliberate On Rights Of A Religious Denomination Under Article 26(b)

Hearing an application on behalf of the Shiromani Gurudwara Prabandhak Committee (SGPC) for vacation of its interim order dated April 10 permitting the exhibition of the film Nanak Shah Fakir, the Supreme Court bench headed by Chief Justice Dipak Misra refused to extend the scope of the primary writ petition to decide the contents of the right under Article 26(b) of a religious denomination to manage its own matters in affairs of religion.

Bail Granted To Terminally Ill Undertrial Prisoner On Medical Grounds

The Supreme Court in a recent order granted bail to a terminally ill undertrial prisoner who was chargesheeted u/s 420, 467, 468, 471 and 120B of the Indian Penal Code, 1860.

SC ‘Admires’ Stamina of ‘Chronic Litigants’, Imposes Costs Of Rs. 50, 000

The tenacity and stamina with which the appellants have been litigating for decades must be admired, but nothing else, a bench of Justice Madan B Lokur and Justice Deepak Gupta said while dismissing an appeal with costs of Rs. 50,000 for taking several courts for a ride.

Kathua Case- State Shall Give Security To Victim’s Family, Advocates Deepika Singh And Talib Hussain: SC, Issues Notice On Transfer Petition

Supreme Court issued notice to the state of Jammu and Kashmir on the writ petition filed on behalf of the Kathua gangrape and murder victim’s father, praying for the transfer of the trial proceedings outside of the state.

No SC Respite To Latha Rajnikanth On Rs. 6.2 Crore Film Dues

The Supreme Court on Monday reiterated its direction to Ms. Latha Rajinikanth’s firm M/s Mediaone Global Entertainment Ltd. to pay Rs. 6.2 crore along with interest to the firm, Ad Bureau which had financed the movie ‘Kochadaiiyaan’.

SC Asks BCI To Reconsider The Application Of A Legal Consultant To GIDC For Enrollment

The Supreme Court asked the Bar Council of India to reconsider enrollment of Jalpa Pradeepbhai Desai, who was not allowed to enroll as an Advocate due to her association with Gujarat Industrial Development Corporation as Legal Consultant.

 Frame Guidelines To Ensure Safety Of School Children Within 3 Months: SC to HRD Ministry

A bench of justices Adarsh Kumar Goel and Rohinton Nariman of the Supreme Court on Tuesday  directed the Ministry of Human Resources Development to draft effective guidelines to ensure the safety and security of children inside school premises across the country.

 “Rule Of Law Stands On Highest Pedestal” Says SC Seeking Affidavits From Bar Bodies On Kathua Protests

Taking strong note of conduct of lawyers in the Kathua rape and murder case trial including obstruction, the Supreme Court on Thursday said behavior, like calling of strike and obstructing lawyers, will not be tolerated as “rule of law stands on the highest pedestal”.

Should A ‘Welfare’ State Compensate Family Of A Doctor Shot Dead By Punjab Home Guard Constable, Even If It Has No Vicarious Liability: SC Notice To Punjab Govt

While considering a special leave petition filed by a widow of a doctor who was shot dead by Punjab Home Guard Constable, the Supreme Court bench of Justice AK Goel and Justice RF Nariman issued notice to the state only to consider whether irrespective of fact that state may have no vicarious liability in the present situation, whether the state can, as a welfare state, offer some amount of compensation.

SC Refuses Urgent Hearing On Pleas Seeking Expeditious Appointment Of Judges In Calcutta HC

The Supreme Court bench of Chief Justice Dipak Misra, Justice D. Y. Chandrachud and Justice A. M. Khanwilkar on Friday adjourned the hearing in two writ petitions seeking the expeditious appointment of judges to the Calcutta High Court to the first week of July.

SC To Reconsider Directions To Check Abuse of Section 498A IPC On Monday

The Supreme Court bench headed by Chief Justice Dipak Misra scheduled for hearing on Monday the question for reconsideration of the directions to check abuse of Section 498A of the IPC laid down in the 2017 apex court judgment in Rajesh Sharma v. UOI.