Supreme Court Weekly Round-Up

Supreme Court Weekly Round-Up

Mere Abduction Of Woman Doesn’t Attract Offence Under Section 366 IPC

The Supreme Court reiterated that mere abduction of a woman does not attract offence under Section 366 of Indian Penal Code without proof that the woman was abducted with the intent that she may be compelled, or knowing it to be likely that she will be compelled to marry any person or in order that she may be forced or seduced to illicit intercourse or knowing it to be likely that she will be forced or seduced to illicit intercourse.

Erroneous Decision That Didn’t Give Effect To Statutory Prohibition Will Not Operate As Res Judicata

In Canara Bank vs NG Subbaraya Setty, the Supreme Court observed that an issue of law which arises between the same parties in a subsequent suit or proceeding is not res judicata if, by an erroneous decision given on a statutory prohibition in the former suit or proceeding, the statutory prohibition is not given effect to.

No Automatic Absorption Of Executive Officers Turned Adhoc Judges Into Judiciary

In a significant judgment, the Supreme Court held that executive officers cannot be automatically absorbed to judicial service taking into account their service as adhoc-judges. The apex court bench of Justice AK Sikri and Justice Ashok Bhushan has set aside a Gauhati High Court judgment that held that the executive officers (Additional Deputy Commissioners) can be absorbed into district judiciary, considering their services as adhoc judges.

Arbitration Award Directing Transmission Of Shares Can Be ‘Enforced’ Through NCLT

A three-judge bench of the Supreme Court headed by Chief Justice of India Dipak Misra, in Cheran Properties Limited Vs. Kasturi And Sons Limited, upheld proceedings for rectification of records before the National Company Law Tribunal (NCLT) by a claimant company whose claim was upheld by the arbitral tribunal directing transmission of shares.

SC Closes ‘Perjury’ Proceedings Initiated By MP HC Against BJP MP From Ujjain

The Supreme Court closed criminal proceedings initiated by Madhya Pradesh High Court against BJP MP Prof. Chintamani Malviya for perjury. The notice in an election petition was served on the MP through process server. Months later after the date of appearance, the MP filed an application before the court stating that the process server had served notice and documents on one of the employees while he was in Delhi and that he came to know about the petition only recently.

PhD Not Required For Promotion To Post Of Professor In Medical College Under AMU

The Supreme Court held that PhD is not required for promotion to the post of Professor in a medical college under Aligarh Muslim University. The Allahabad High Court, interpreting Clause 12 (19) of the Ordinances (Executive) as amended by the University provides for prescription of the minimum qualifications for candidates from the faculty of medicine by the Medical Council of India (MCI), held that fulfillment of ‘other conditions’ as laid down in the Ordinances (Executive) would include Clause 12 (5) which mandates a PhD degree for promotion to the post of Professor.

Mere Change Of Opinion Of Assessing Officer Not A Ground For Reassessment

The Supreme Court held that Section 147 of the Income Tax Act does not allow re-assessment of an income merely because of the fact that the assessing officer has change of opinion on the same facts and circumstances which were already in his knowledge even during the original assessment proceedings. A bench of Justice RK Agrawal and Justice Mohan M Shantanagoudar were considering an appeal filed by the Revenue against Delhi High Court order that had quashed the show cause notice as well as reassessment order.

When Trial Court Records Are Summoned By Higher Courts Only Photocopy/Scanned Copy Of The Records Need To Be Sent To Avoid Delay

A Supreme Court Bench of Justice AK Goel and RF Nariman directed that if the trial court record is summoned by a higher Courts, the trial courts may send photocopy/scanned copy of the record and retain the original so that the proceedings are not held up.  The Bench also held that wherever the original record has been summoned by an appellate/revisional court, photocopy/scanned copy of the same may be kept for its reference and original returned to the trial courts forthwith.

Legislatures Should Provide ‘Serious Consequences’ For Elected Representatives For Not Taking ‘Oath Of Office’

The Supreme Court suggested that legislatures should provide ‘serious’ consequences for the elected representatives to public offices for not subscribing to such an oath of office.

Influence Of Bias In Testimony Of Interested Witnesses Should Never Be Overlooked

The Supreme Court, in Bhaskarrao vs. State of Maharashtra, while acquitting 14 persons accused in a murder case, observed that influence of bias in the testimonies of witnesses having a strong interest in the result of a case, should never be overlooked.

Remove The Obnoxious Provisions Discriminating Against Leprosy Patients From The Statute Books: SC To Centre, States

Hearing a writ petition on behalf of the Vidhi Centre for Legal Policy on the gross violation of the fundamental rights of persons affected by leprosy under Articles 14, 19 and 21 of the Constitution of India by the continued existence of archaic, discriminatory provisions under 119 Central and State laws, the Supreme Court bench of Chief Justice Dipak Misra, Justice D. Y. Chandrachud and Justice A. M. Khanwilkar on Tuesday urged the Centre and the states “to rise to the occasion” in removing the ‘disability and social stigma’ attached to such persons.

HC Can’t Refuse Quashing of Proceedings Merely on the Ground That Trial has Already Begun

The Supreme Court recently set aside a Madras High Court order that refused to entertain a plea seeking quashing of charge sheet on the ground that the trial has already begun and prosecution witness has been examined.

 SC Stays Proceedings Against Salman Under SC/ST Act For Alleged Comments Against Valmiki Community; Notice On Quashing FIR

In a relief to Bollywood superstar Salman Khan, the Supreme Court on Monday stayed “further proceedings, including investigation” in cases filed against him under the SC/ST Act in Rajasthan and three other states for alleged offensive remarks against the Valmiki community.

Storing Of Adulterated Food For Purpose Of Making Some Other Food Which Is Sold Is An Offence

The Supreme Court, in Delhi Administration vs. Vidya Gupta, held that storing of adulterated food, even for the purpose of making some other food which is sold, is an offence. A bench of Justice SA Bobde and Justice L Nageswara Rao also held that the court, while trying an offence under the Food Adulteration Act, needs to consider the contents of the certificate of the director only and it need not refer to the variation between the report of the public analyst and the director.

 After A High Voltage Hearing SC Stays Kathua Gangrape And Murder Trial Till May 7

The Supreme Court bench headed by Chief Justice Dipak Misra on Friday stayed the trial in the sensational gangrape and murder case of a seven-year-old girl in Kathua till May 7pending the decision on transfer of trial.

SC Seeks Centre’s Reply On Plea By Bizman Keshav Suri Seeking Scrapping Of Sec 377 IPC

The Supreme Court on Monday issued notice to the Centre on a plea filed by Keshav Suri,top businessman and Executive Director of Lalit Hotels, seeking to quash Section 377 of the Indian Penal Code (IPC), which criminalises homosexuality.

SC Constitution Bench Says No To State Reservation For In-Service Candidates To Medical PG Courses

The Constitution Bench of the Supreme Court refused to grant interim relief of separate source of entry or a reservation for in-service candidates in post-graduate medical degree courses. A five-judge bench of Chief Justice Dipak Misra, Justice DY Chandrachud, Justice AM Khanwilkar, Justice AK Sikri and Justice Ashok Bhushan observed that the decision in Dinesh Singh Chauhan holds the field and is consistent with the primacy which is attributed by the Constitution to Entry 66 of List.

SC Seeks Compliance Report On Directions Issued In 2013 Regarding Kudankulam Nuclear Plant

A Supreme Court bench of Chief Justice Dipak Misra, Justice DY Chandrachud and Justice AM Khanwilkar on Monday directed Additional Solicitor General Tushar Mehta to file an affidavit on the compliance of the directions issued by the apex court in the 2013 judgment on G Sunderrajan v. UOI, pertaining to the setting up of a nuclear power plant in the South-Eastern tip of India, at Kudankulam in the State of Tamil Nadu, as well as for the construction of the Away From Reactor (AFR) facility for storage of the nuclear waste.

“There Can’t Be Any Area Without Rule Of Law”, SC Stays All Constructions In Delhi’s 1,797 Unauthorised Colonies

Questioning the intent of authoritites in regularizing colonies with illegal constructions, the Supreme Court on Tuesday stopped all constructions in 1,797 unauthorised colonies in Delhi. A bench of justices Madan B Lokur and Deepak Gupta also asked the central government to set up a special task force for removing encroachments on public land and roads in the city.

Mechanism For Avoiding Delays In Filing Appeals By Convicts: SC In Principle Approves Report Submitted By Amicus Curiae & NALSA

The Supreme Court, on Tuesday, in principle approved the recommendations put forth by amicus curiae Senior Counsel Vibha Datta Makhija and the National Legal Services Authority (NALSA) for dealing with inordinate delay in filing appeals of convicts. The report has been directed to be uploaded for comments by stakeholders. The Court has further directed formation of a committee for the digital solution.