Supreme Court Weekly Round- Up

Driver Holding LMV Licence Can Drive Transport Vehicle Of Such Class Without Any EndorsementIn an important judgment in the realm of Motor Vehicle Laws, the Supreme Court, in Mukund Dewangan vs. Oriental Insurance Company Limited, held that there is no requirement to obtain separate endorsement to drive transport vehicle, and if a driver is holding licence to drive light motor vehicle, he can drive transport vehicle of such class without any endorsement to that effectExemplary Costs Of Rs. 1 Lakh Levied For Delayed Settlement Of Cheque Bounce CaseThe Supreme Court, on Monday, levied exemplary costs of Rs. 1 lakh on an Appellant, in view of the delayed settlement between the parties. The Bench comprising Justice J. Chelameswar and Justice S. Abdul Nazeer directed payment of costs to an orphanage- Delhi Council for Child Welfare within four weeks. NCTE Guidelines Binding, Teachers’ Eligibility Test (TET) Not MandatoryThe Supreme Court on Tuesday held that the qualifications prescribed by the National Council for Teachers’ Education (NCTE) were binding on the states and Teachers’ Eligibility Test (TET) is not mandatory.SC Quashes Appointment Of 1.78 Lakh Assistant Teachers In UPA two Judge Bench of the Supreme Court on Tuesday quashed the appointment of 1.78 Lakh Assistant Teachers in Junior Basic Schools. The appointments were done by the Government by absorbing of Shiksha Mitras into the regular service. States Not Empowered To Create Office Of Parliamentary Secretary: SC Quashes Assam Parliamentary Secretaries ActThe Supreme Court, on Wednesday, declared as unconstitutional the Assam Parliamentary Secretaries (Appointment, Salaries, Allowances and Miscellaneous Provisions) Act, 2004. The Bench comprising Justice J. Chelameswar, Justice R.K. Agrawal and Justice A.M. Sapre held that the Legislature of Assam lacked the competence to create the post of Parliamentary Secretaries.Supreme Court Issues New Guidelines To Prevent Misuse Of S.498A IPCSupreme Court of India on Thursday issued new set of directions to prevent the misuse of Section 498A of Indian Penal Code. A two Judge Bench of Justices AK Goel and UU Lalit observed that Section 498A was inserted in the statute with the laudable object of punishing cruelty at the hands of husband or his relatives against a wife particularly when such cruelty had potential to result in suicide or murder of a woman as mentioned in the Statement of Objects and Reasons of the Act 46 of 1983.Presumptions In NDPS Act Do Not Dispense With Prosecutions’ Burden To Prove The Charge Beyond Reasonable Doubt The Supreme Court, in Naresh Kumar vs State of HP, held that presumption provisions in the Narcotic Drugs and Psychotropic Substances Act, 1985 against an accused does not dispense with the obligation of the prosecution to prove the charge beyond all reasonable doubt.SC Rejects Plea of 10 Yr Old Rape Victim’s Plea To Abort, Orders Panels In States To Examine Such CasesThe Supreme Court on Friday rejected the plea by a 10 year old rape victim for aborting a 32-week-old fetus which meant that she will have to deliver a baby in a months time. SC Directs Fresh Tender For Bulk Supply Of Drugs For Polio VaccinesThe Supreme Court, on Thursday, directed floating of fresh tender for supply of drugs for manufacture of polio vaccines, holding that the tender floated earlier stood vitiated due to violation of the guidelines issued by the Central Vigilance Commission (CVC).Pay Rs 1,500 Crore To Establish Your Bonafide : SC To RoyIn a relief to Sahara group chief Subrata Roy, the Supreme Court extended his parole till October 10 after he deposited Rs 247 crore against the promised Rs 552.21 crore which was to be deposited by July 15. SC Allows Plea For Termination Of 22-Week-Old Foetus Having Complex Neurological ConditionThe Supreme Court allowed termination of a 22-week foetus which has complex neurological condition called aqueductal stenosis and hydrocephalus. 1989-90 Kashmiri Pandit Killings: Citing Delay, SC Refuses To Order ProbeThe Supreme Court on Monday dismissed a public interest litigation filed by one a NGO Roots in Kashmir, a Kashmiri Pandit youth group for investigation into mass killing of Pandits in 1989-90 and events which led to mass exodus of pundits from the valley. SC Junks Petition Challenging Sasikala Holding Party Post Despite DisqualificationThe Supreme Court bench of the Chief Justice J.S.Khehar and Justice D.Y.Chandrachud, on Friday, dismissed a plea for issuance of a direction to the Election Commission to decide on a representation seeking to bar AIADMK General Secretary V K Sasikala from heading the party after her conviction and sentence of four years’ imprisonment in the disproportionate assets case. She is now lodged at Bengaluru’s Parappana Agrahara prison since February.Notice To Election Commission On A Petition Challenging Holding Of By-election When Remainder of The Term Is Less Than A YearThe Supreme Court bench of Justices J.Chelameswar and S.Abdul...

Supreme Court Weekly Round- Up

Ashok K.M

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