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Supreme Court Weekly Round-Up

Ashok KM
6 Dec 2015 1:04 PM GMT
Supreme Court Weekly Round-Up
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Justice TS Thakur is the new CJI

Justice T.S.Thakur has sworn in as the 43rd Chief Justice of India. He succeeded Justice H L Dattu who demitted office on Wednesday. Justice Thakur has tenure of over a year as Chief Justice of India.

Rajiv Gandhi assassins could not be freed unilaterally by TN Govt

Five judge Constitution bench of the Supreme Court has ruled that Tamil Nadu government could not have unilaterally granted them remission. The bench headed by Chief Justice H L Dattu said since the case was probed and prosecuted by the Central Bureau of Investigations, a central agency, the decision should not have been taken without the “concurrence” of the Central government.

Paying money for cancer treatment of wife, not valid consideration for divorce settlement

Supreme Court held that in a divorce- settlement agreement, the husband is promising to do something which he is already duty bound, is not a valid consideration for the settlement. Apex Court bench of Justices M.Y. Eqbal and C. Nagappan, refused to grant divorce by mutual consent observing that the wife had agreed for a settlement of dissolution of marriage, in order to save her life by getting money. The court, however allowed the Transfer petition filed by wife and asked the family court, Hyderabad to consider Section 13B application afresh.

Cheque case jurisdiction

A Two Judge Bench of the Supreme Court comprising of Justices J.S.Khehar and R.Banumati has held that, in view of the Amended Section 142(2) of Negotiable Instruments (Amendment) Second Ordinance 2015, the place where a cheque is delivered for collection i.e., the branch of the bank of the payee or holder in due course, where the drawee maintains an account, would be the determinative of the place of territorial jurisdiction for filing Complaint under the NI Act.

Prosecute security personnel involved in fake encounter

The apex court directed the Centre to prosecute security personnel, including of Army and CRPF involved in fake encounter killings in the Northeast under the cover of draconian Armed Forces (Special Powers) Act (AFSPA)

No permission needed to pay compensatory Tariff

The Division Bench of the Apex Court comprising of Justices J. Chelameswar and AbhayManoharSapre while hearing a Civil Appeal preferred by M/s. Adani Power Ltd. held that Gujarat-owned Discom does not require its permission to pay “compensatory tariff” to Adani Power Ltd and such a decision would be subject to final verdict on the plea of the private power generating firm

Other happenings

The Supreme Court on Monday issued a notice on a PIL seeking direction to protect children from falling ‘prey’ to stray dogs. The Bench, comprising Justice Dipak Misra and Justice P.C. Pant has provided the respondents with four weeks’ time to file their reply. The Petition filed by JanasevaSisubhavan, brought on record certain newspaper clippings which show that the children have been bitten by the stray dogs and have suffered serious injuries.

The Supreme Court on Tuesday issued notice to CBI on a plea by social activistTeestaSetalvad and her husband to get removed portions in the Bombay High Court order while giving anticipatory bail that there is prima-facie evidence of Foreign Contribution Regulation Act violation against the couple

On Thursday The Supreme Court agreed to the plea by whistleblowers from Madhya Pradesh who sought transfer of four pending petitions relating to Private Dental and Medical College admission scam from Jabalpur High Court to Supreme Court

The social justice bench of the Supreme Court has asked the centre to probe and file a report regarding an online child sex racket using Facebook in which nearly 3,000 paedophiles posted their comments on photos of several minor girls, exchanged their views and posed ‘suggestive’ queries to each other.

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