Supreme Court Weekly Round-Up

Minimum educational qualification norm upheldThe Supreme Court Bench, comprising Justice J. Chelameswar and Justice A.M. Sapre upheld the validity of Haryana Panchayati Raj (Amendment) Act, 2015 (Act 8 of 2015), which introduced the minimum educational qualification for candidates to contest the Panchayat elections. It held that both the rights namely “Right to Vote” and “Right to Contest” are not fundamental Rights but only constitutional rights of the citizen.Luxury Diesel vehicles banned in DelhiThe Supreme Court on Tuesday said it would ban registration of diesel vehicles having engine power of more than 2000 CC like the SUVs and luxury sedans till April 1 on a trial basis. The rich cannot be allowed to move around in expensive diesel vehicles when they can afford petrol vehicles, Chief Justice T S Thakur noted.Constitute 3 member Waqf tribunal within four monthsSupreme Court directed all the States to immediately take steps for constituting a three member Waqf Tribunal, mandated by Section 83(4) of the Waqf Act. Apex Court Bench comprising of Justices M.Y. Eqbal and C. Nagappan said it takes serious exception to the conduct of the States who have not till date issued fresh notification constituting three member Tribunal, after 2013 amendment mandated the same. The court also has directed the states to issue notification within four months.SC appoints Lokayukta for UPIn a rare order, the Supreme Court on Wednesday, exercised its Constitutional authority and appointed former High Court judge, Justice Virendra Singh, as Lokayukta of Uttar Pradesh. A bench headed by Justice Ranjan Gogoi went ahead with the extraordinary task invoking its powers after the State government failed to comply with its repeated directives. The bench examined a list of nominees and ordered the appointment.Investigation agency reminded of their dutiesExpressing its disappointment over the “shoddy, casual, laconical and insensitive” investigation conducted by the police in a case wherein the accused was ultimately acquitted by the Supreme Court of all charges in an appeal preferred against the concurrent findings of guilt entered against him by the courts below, the Supreme Court, in a judgment rendered on Thursday, sought to remind the investigating agencies of their responsibility of securing the safety and security of the citizens and in the process, act as the protector of human rights.Amrutamanohi’ properties belongs to Lord JaggannathSupreme Court held that ‘amrutamanohi’ properties which are vested in favour of the Lord Jagannath Temple at Puri by virtue of the provisions of the Temple Act, 1955, cannot be called ‘Trust Estates’ and consequently it has struck down the first part of the proviso of Section 2(oo) of the Orissa Estate Abolition Act, 1951, which pertains to the properties of Lord Jagannath Temple at Puri. Division bench of Justices V. Gopala Gowda and C. Nagappan also quashed notification issued by the State Government in this regard.Injunction only in cases of fraud or ‘special equities’Resolving the legal nodus as to whether the beneficiary of an unconditional and irrevocable bank guarantee can be injuncted from enforcing the guarantee at the instance of the customer of the bank on whose behalf the guarantee has been furnished, the Supreme Court held that Injunction of an unconditional Bank Guarantee cannot be granted except in case of fraud or ‘special equities’Former SC judge to revalue DJ exam answer sheetsThe Supreme Court on Monday, appointed former Supreme Court judge Justice P V Reddy to revalue 659 answer sheets of Delhi Judicial Services (Mains) exam 2014 following allegations of several irregularities and discrepancies.Notice to Gujarat Govt on Patel quota agitationThe Supreme Court on Tuesday, issued notice to Gujarat government on a fresh petition filed by Patel quota agitation leader Hardik Patel against High Court order refusing to quash sedition charge against him for allegedly attacking places like police stations in the state.Maggi test in MysoreThe Supreme Court on Wednesday said popular Maggi noodles will now be tested in an accredited laboratory at Mysore and not in Chennai as sought by the National Consumer Disputes Redressal Commission (NCDRC). The apex court also stayed the proceedings in the case pending in the apex consumer body.Central Govt can draft memorandum of procedure in Judges appointmentExactly two months after scrapping the NJAC Act, a constitution bench of the Supreme Court which had embarked on a mission to improve the collegiums system on Wednesday, virtually put the ball back into the government’s court by giving the Centre the liberty to finalise a draft memorandum of procedure for appointing judges to the Supreme Court and High Courts in consultation with the Chief Justice of India.RBI should give information sought under RTIComing down heavily on the Reserve Bank of India (RBI for short) for depriving information under the RTI Act, 2005 in the name of fiduciary...

Supreme Court Weekly Round-Up

Ashok KM

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