Supreme Court Weekly Round-Up

Courts Can Place Reliance On Parliamentary Standing Committee Reports: SC Constitution Bench A Five Judge Constitution Bench on Wednesday held that the Courts can rely on Parliamentary Standing Committee Reports. The Constitution Bench comprising the Chief Justice Dipak Misra, and Justices A.K.Sikri, A.M.Khanwilkar, D.Y.Chandrachud and Ashok Bhushan unanimously held that placing reliance on Parliamentary Committee Reports in Court Proceedings does not violate the parliamentary privileges. But the bench has made it clear that the reports cannot be challenged in Courts. Elephant Tusk Is Govt Property & Presumption Under Sec. 69 Of Kerala Forest Act Is AttractedThe Supreme Court, in Wild Life Warden v Komarrikkal Elias, held that elephant tusk is a property of the Government and presumption under Section 69 of the Kerala Forest Act is attracted, whether or not it is a forest property.Centre’s Approval Necessary For Reserving Land For State Govt. Companies Under Mines And Minerals ActThe Supreme Court on Tuesday held that approval of the Central Government is necessary for reserving land not held under a prospecting licence or mining lease for exploitation by State Government companies or undertakings under the Mines and Minerals (Development and Regulations) Act, 1957.Recognizing Former CMs As A Special Class Of Citizens, Is Arbitrary And Discriminatory: Here Is What SC Said In Lok Prahari JudgmentWhile holding that former Chief Ministers are not entitled to Government Bungalows, the Supreme Court observed that once a Chief Minister demits the office, he/she is at par with the common citizen and is not entitled to occupy Government bungalows during his/her lifetime, though by virtue of the office held, he/she may be entitled to security and other protocols.Spouse Can’t Be Punished For Contempt For Failing To Live With The Other, Violating Consent OrderWhile setting aside a High Court order punishing a wife for contempt, the Supreme Court observed that, forcing a spouse to join the company of the other and on failing to do so punishing her in committing contempt of the court order that too by awarding maximum civil imprisonment in law, cannot be countenanced.Not Permissible To Re-Arrest An Accused Who Is In Bail When Police Added A Non-Bailable Offence The Supreme Court observed that it is not permissible to simply re-arrest the accused, by adding another offence, ignoring the bail order in force at that time. A bench of Justice SA Bobde and Justice L Nageswara Rao was considering an SLP filed by the accused, who, though granted bail by the sessions court, was re-arrested as the police added another offence under Section 376 of the Indian Penal Code in the FIR.Victim Entitled To Compensation When Death Or Injury Is In The Course Of Boarding Or De-Boarding A Train: SC Resolves Conflicting Views In Railway Accident Claims MattersThe Supreme Court, in an important judgment delivered on Wednesday (Union of India vs. Rina Devi), observed that death or injury in the course of boarding or de-boarding a train will be an ‘untoward incident’ entitling a victim to the compensation and the same cannot be denied on the plea of contributory negligence of the victim.SC Reduces Jail Sentence Of Rape Accused ‘Uncle’ Who Married Prosecutrix Soon After Alleged Incident The Supreme Court recently invoked its inherent powers under Article 142 of the Constitution to modify sentence of a rape accused to the period already undergone, to alleviate any further suffering of the prosecutrix, who had married him soon after the alleged incident.“Promising Steps To Eradicate Social And Educational Backwardness To A Community Does Not Amount To An Appeal On The Ground Of Religion”Supreme Court on Thursday rejected Rashtriya Hindu Sena chief Pramod Muthalik’s plea which alleged that the Congress in its election manifesto in Karnataka was seeking votes in the name of religion.SC Initiates Contempt Against Tenants Who Violated Undertaking To Vacate PremisesThe Supreme Court come down heavily on tenants who not only violated the undertaking given by them before it, but also filed another Special Leave Petition assailing the order in execution proceedings. Look Into Matter Of Rehabilitation Of Mule Owners In Humanitarian Manner, SC Tells Mata Vaishno Devi Shrine Board The Supreme Court asked Shri Mata Vaishno Devi Shrine Board to look into the matter of rehabilitation of mule owners in a humanitarian manner. A bench of Justice Madan B Lokur and Justice Deepak Gupta observed thus as it was told by the ASG representing State of Jammu and Kashmir that a plan has been made for rehabilitation of Mule owners operating on the track between Katra town to Shri Mata Vaishno Devi Ji Shrine and that the Shrine Board declined to part with any funds for the rehabilitation of Mule owners apparently on the ground that after a new track is inaugurated they do not require the services of the Mule owners.SC Says It ‘Broadly’ Approves Concept Of Autonomous Oversight ...

Supreme Court Weekly Round-Up

Ashok K.M

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