Supreme Court Weekly Round-Up

Second Appeal- Additional ‘Substantial Questions Of Law’ Can Only Be Framed At The Time Of Hearing, Not In Judgment ItselfThe Supreme Court, in Vijay Arjun Bhagat vs. Nana Laxman Tapkire, while setting aside a high court judgment, observed that the high court can frame additional substantial questions of law in the second appeal only during the hearing and not in the judgment.Navjot Singh Sidhu Not Guilty Of Culpable Homicide Not Amounting To Murder (304-Part2] In The 1988 Road Rage Case: SC Convicts Him U/S 323 IPC Supreme Court on Tuesday acquitted cricketer-turned-politician Navjot Singh Sidhu from the charge of Culpable Homicide not amounting to murder (U/S304) in the 1998 road rage Case. But the Bench found him guilty for S.323 IPC (voluntarily causing hurt) and sentenced him with a fine of Rs. 1000 only. His co-accused Rupinder Singh Sandhu has been acquitted of all the charges.Assistant Public Prosecutors Can’t Claim Parity With Public Prosecutors On Retirement AgeThe Supreme Court on Thursday refused to grant parity to Assistant Public Prosecutors with Public Prosecutors in Kerala as it held that their method of appointment and conditions of service are qualitatively different and that similarity in the nature of their duties and functions cannot be the basis for parity between the two in respect of age of superannuation.Non-Maintenance Of General Diary Per Se Won’t Render Whole Prosecution IllegalThe Supreme Court held that non-maintenance of General Diary per se will not render the whole prosecution illegal, though it may have consequences on the merits of the case, which is a matter of trial.Temporary Permit Can’t Be Issued To Pvt Carrier On Notified Routes Served Sufficiently By State Transport UndertakingA bench of Justice Kurian Joseph, Justice Mohan M Shantanagoudar and Justice Navin Sinha held on Wednesday that A temporary permit cannot be issued to a private stage carriage operator to traverse on the notified route which is being served by the State Transport Undertaking (STU), in excess of the permissible distance provided under the scheme, while deciding an appeal filed by the Kerala State Road Transport Corporation against the decision of the Kerala High Court to the effect that the Regional Transport Authority may exercise power conferred on it by the proviso to Section 104 of the Motor Vehicles Act, 1988 to grant temporary permits to private carrier operators on notified routes.SC Upholds Classification of Pre- and Post-Nov 2002 Bank Retirees For Dearness Relief, Says Adopting Flat Rate Would Be HazardousThe Supreme Court on Wednesday upheld the distinction between pre-November 2002 bank retirees and post-November 2002 retirees in payment of dearness relief as it said both the categories of retirees stand on different footing and the parameters which govern the computation of dearness relief are also on a different level, while also noting that any stepping up of benefit for a section of employees is bound to inflate the figure of Rs.1288 crores per annum which was set apart for the benefit of the employees vide a 2005 bipartite settlement.Merely Assigning Some Work To Junior Officer And Taking Actions Against Him Like Stopping Of Salary Doesn’t Amount To Abetment Of SuicideThe Supreme Court, in Vaijnath Kondiba Khandke vs. State of Maharashtra, observed that merely because a superior officer assigned work to his junior officer and took actions against him like stopping of his salary, he cannot be held to have a guilty mind or criminal intent, to attract offence under Section 306 of the Indian Penal Code, for abetment of suicide.NCLAT Has No Jurisdiction To Dismiss Main Appeal Against CCI Orders For Non-Compliance Of Condition For Grant Of StayThe Supreme Court in M/S. B. Himmatlal Agrawal vs. CCI, held that National Company Law Appellate Tribunal (NCLAT) has no jurisdiction to dismiss the main appeal itself for non-compliance of the direction to deposit the amount as a condition for grant of stay.SC Dismisses Challenge To Recruitment To Punjab Superior Judicial Service Way Back In 2008 The Supreme Court on Tuesday dismissed the appeals challenging the advertisement and process of recruitment to the Punjab Superior Judicial Service conducted way back in the year 2008 while holding that a seat that fell vacant on the elevation of a judge after the publication of advertisement cannot be included in the recruitment. SC Refuses To Cancel Bail For Karim Morani In Rape Case; Enhances Quantum Personal Bond The Supreme Court on Thursday refused to cancel the bail granted to Bollywood producer Karim Morani by the Telangana and Andhra Pradesh High Court in a case of alleged rape of an aspiring actress, but enhanced the quantum of personal bond from Rs. 50,000 to Rs. 10 lakh.Tribunals And Commissions May Not Remain Headless, SC Allows Appointment Of Former HC Judges In Tribunals If No Suitable Former HC CJ/SC Judge Is Available The Supreme Court issued an important directive that wherever...

Supreme Court Weekly Round-Up

Ashok K.M

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