Supreme Court Weekly Round-Up

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 Attracted

The 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 Act

The 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 Judgment

While 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 Order

While 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 Matters

The 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 Premises

The 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 Body For Tribunals

The Supreme Court, in its order on Monday, said it ‘broadly’ approves the concept of having an effective and autonomous oversight body for all the tribunals with such exceptions ‘as may be inevitable’.

SC Refuses To Entertain PIL Seeking Two-Child Norm & Make It Mandatory For Contesting Polls

Supreme Court on Wednesday refused to admit a PIL seeking a direction to the Centre to ensure strict population control measures by adopting a two-child policy. Following it, the PIL was withdrawn by the petitioner.

PIL Seeking Ban On Public Discussion On Impeachment Motion Against Judges: SC Refuses To Frame Guidelines

The Supreme Court bench of Justices A. K. Sikri and Ashok Bhushan on Monday adjourned the hearing to the third week of July in the PIL seeking the restriction of the media from publishing, broadcasting, printing, transmitting, or circulating any information as to discussions and deliberations pertaining to the proposed impeachment of Supreme Court and High Court judges, in the light of the recent Notice of Motion for the removal or Chief Justice Dipak Misra, signed by 64 Rajya Sabha MPs.

PM Inaugurates Or Not, Eastern Peripheral Expressway Be Opened To Public From June 1: SC

Questioning the National Highway Authority of India (NHAI) on the delay in throwing open the Eastern Peripheral Expressway to the public despite a promise that it would be done on April 29, the Supreme Court set fresh deadline of June 1 saying in public interest the opening cannot be delayed further.

“How Constructions Of 6 Or 7 Illegal Floors Go Unnoticed? Nothing But Connivance”: SC

Pulling up the Himachal Pradesh government for not taking timely actions to prevent illegal constructions, the Supreme Court on Wednesday asked how come six or seven floors are constructed as tourist lodges at places were as per building plan only one floor is permitted.

 SC Pulls Up Centre For Not Framing Cauvery Scheme; Summons Water Resources Secretary

Making it categorical to the Centre that it was in contempt of its February 16 verdict to frame the Cauvery management scheme on sharing of water between the southern riparian states- Karnataka, Tamil Nadu, Kerala, and Puducherry- the Supreme Court  on Tuesday summoned the Secretary of the Water Resources Ministry on May 14.

SC Slams ASI For Remaining Clueless As Taj Loses Marble Colour

The Supreme Court on Wednesday slammed the Archaeological Survey of India for not giving convincing answers as to why the monument of love, the iconic Taj Mahal was fast losing its marble colour.

SC Stays NGT Directive To Convert All Vehicles Plying At The IGI Airport To CNG Mode

The Supreme Court stayed National Green Tribunal Directive to convert all non-CNG vehicles plying at the Indira Gandhi International Airport, to CNG mode. The Federation Of Indian Airlines had approached the apex court challenging this directive issued by the NGT.

SC Allows 26-Yr-Old Woman, Married Off Without Her Consent, To Move To Any Place As Per Her Choice & Desire

The Supreme Court bench of Chief Justice Dipak Misra, Justice DY Chandrachud and Justice AM Khanwilkar on Monday disposed of the habeas corpus writ petition filed on behalf of a Karnataka-based 26-year-old woman, allegedly married off without her consent, with the direction that she would be at liberty to move to any place as per her choice and desire, and that there may not be any impediment from any quarters.

SC Tells Centre To Pay Rs 5L Each To Pvt Tour Operators Illegally Denied Hajj 2016 Quota

The Supreme Court directed the Ministry of External Affairs to pay a compensation of Rs 5 lakh to each of private Hajj and Umrah tour operators who came before it ruing the loss of business for non-grant of quota due to non-compliance of certain conditions despite being granted exemption from the same.

 SC Refers Fresh Plea Against Polygamy To Constitution Bench

More than a month after the Supreme Court sought the Centre’s stand on banning polygamy and nikah-halala on five petitions and referred them to a constitution bench, one more woman victim has moved the apex court. A bench of Chief Justice Dipak Misra and Justices D Y Chandrachud and A M Khanwilkar referred the fresh petition filed by one Shabnam also to the same constitution bench by ordering it’s tagging.