Supreme Court Weekly Round-Up

Delhi Vs LG- LG Is Bound By ‘Aid And Advice’ Of Elected Govt. He Can’t Interfere In Each And Every Decisions Of GovtThe Supreme Court delineated the boundaries of power between the Lieutenant-Governor and Delhi Government by stating that the LG cannot interfere in each and every decision of the Delhi Government, and that the LG is bound by the aid and advise of the council of ministers of Delhi Government, except in matters of land, police and public order. The verdict was given by a Constitution Bench comprising Chief Justice Dipak Misra, Justice A.K. Sikri, Justice A.M Khanwilkar, Justice D Y Chandrachud and Justice Ashok Bhushan. The SC reversed the decision of the Delhi High Court which had held that LG was the “administrative head” of Delhi NCT, who was not bound by the aid and advise of the Delhi Council of Ministers.Clause Excluding Interest on Security Deposit Not a Bar on Arbitrator to Award Pendente Lite InterestThe Supreme Court held that a clause in an agreement excluding interest on security deposit does not act as a bar on the arbitrator to award pendente lite interest. The judgment was rendered by a bench comprising Justice SA Bobde and Justice L Nageswara Rao in the case M/s Ravechee and Co v Union of India.Dishonour Of Cheque-Presumption U/S 139 Of NI Act Can’t Be Rebutted By Mere DenialThe Supreme Court on Monday reiterated that mere denial of a debt or liability cannot shift the burden of proof from the accused in a case of dishounor of the cheque. A bench of Justice A K Sikri and Justice Ashok Bhushan once again made it clear that Section 139 of the Negotiable Instruments Act, 1881, provides for drawing the presumption in favour of holder and a bare denial of the passing of the consideration and existence of debt, apparently would not serve the purpose of the accused.Failure To Determine Blood Group Of Accused From Sample Collected From The Scene Not Enough To Acquit HimThe Supreme Court on Wednesday asserted that mere non-determination of blood group from the sample obtained from the scene ofthe crime would not be sufficient to acquit an accused. The bench comprising Justice L. Nageswara Rao and Justice Mohan M. Shantanagoudar relied on the judgment passed by the Apex Court in the case of State of Rajasthan v. Teja Ram, wherein it was held that non- determination of the origin of the blood does not necessarily prove fatal to the case of the prosecution.CJI Is The Master Of Roster: SC Reiterates, Dismisses Shanti Bhushan’s Petition Dismissing the petition filed by Senior Advocate Santhi Bhushan seeking regulation of powers of the CJI in constituting benches and allocating cases, the Supreme Court asserted that CJI was the ‘Master of the Roster’Motor Accident Claims: Salary Certificate Not The Only Basis For Assessing Income Of the Deceased For Calculating CompensationThe Supreme Court in United India Insurance Co Ltd v Indiro Devi held that salary certificate need not be the only basis to assess income of the deceased for arriving at a just and fair compensation to be paid to the claimants for the loss of life Relationship Between The State And The Assistant Government Pleader Is That Of A Lawyer And Client And Not Of Master And ServantThe Supreme Court in State Election Commissioner, Bihar Patna vs. Janakdhari Prasad, upheld a Patna High Court judgment that had held that the engagement of an advocate as an Assistant Government Pleader is a professional engagement and the relationship between the State and that of the Assistant Government Pleader is that of a lawyer and client and not of Master and Servant.Interim Orders Allowing Provisional Admissions To Medical Colleges Entail Tremendous Adverse Consequences & Prejudice To StudentsThe Supreme Court, while setting aside an interim order of the high court permitting a medical college to provisionally admit students to first MBBS course, observed that such orders allowing provisional admissions and making them subject to the result of the petition may entail tremendous adverse consequences and prejudice to students.Forests Rest Houses Won’t Be Transferred to Private Entities: SC Accepts CEC GuidelinesThe Supreme Court ordered that forest rest houses (FRHs)/inspection bungalows (IBs) located within the forest area, including the protected areas, shall not be transferred to private and commercial entities in the name of public-private partnership or by whatever name such an arrangement is called, for the promotion of any form of tourism, including ecotourism.State Govt Can’t Withdraw Essentiality Certificate Granted To Medical College For Its Deficient FunctioningThe Supreme Court in Chintpurni Medical College and Hospital v State of Punjab held that the state government has no power to withdraw the Essentiality Certificate granted to a medical college except on the ground that it was obtained by playing fraud on it or any circumstances where the very substratum on which the Essentiality Certificate was granted disappears or any other...

Supreme Court Weekly Round-Up

Ashok Kini

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