Supreme Court Weekly Round-Up

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 Govt

The 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 Interest

The 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 Denial

The 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 Him

The 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 Compensation

The 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 Servant

The 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 Students

The 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 Guidelines

The 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 Functioning

The 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 reason of like nature.

Identification Of Prisoners Act: Magistrate’s Order Not Necessary For Police Officer To Obtain Accused’s Fingerprint Specimen

In Sonvir @ Somvir v The State Of NCT Of Delhi, the Supreme Court held that a police officer need not obtain an order from a Magistrate for obtaining a specimen of fingerprints of the accused under Identification of Prisoners Act.  It was also held that non-framing of any rules under Section 8 the Identification of Prisoners Act by the state government does not prohibit the exercise of these powers.

Merely Because Certain Municipal Functions Are Performed By Industrial Development Authority, It Can’t Be Treated As ‘Municipality’: SC Dismisses Noida’s Claim For I-T Exemption

The Supreme Court held that the New Okhla Industrial Development Authority (Noida) cannot be a treated as a ‘municipality’ to exempt it from payment of income tax. A bench of Justice AK Sikri and Justice Ashok Bhushan was considering issue whether the Noida is a local authority within the meaning of Section 10(20) of the Income Tax Act as amended by the Finance Act, 2002 w.e.f. 01.04.2003.

States Can’t Appoint ‘Acting Director General Of Police’ (DGP)

The Supreme Court on Monday restrained all states from appointing the Director General of Police (DGP) in an acting capacity, observing that such a concept is not perceptible on any analysis of its 2006 judgment in Prakash Singh’s case.

 Every Attempt Should Be Made By All Courts Not To Disclose Identity Of Victims In Rape Cases, Reiterates SC

The Supreme Court reiterated that every attempt should be made by all the courts not to disclose the identity of the victim in terms of Section 228-A of Indian Penal Code. A bench of Justice AM Sapre and Justice UU Lalit observed thus while dismissing an appeal in a rape case against Chhattisgarh High Court judgment that had affirmed the conviction of the accused.

Review Petition Heard By Different Bench Although One Judge Who Passed Original Judgment Was Available: SC Stays Madras HC

The Supreme Court recently stayed a Madras High court order on the ground that although one of the judges, who passed the original judgment was available, he was not in the Bench which considered the review petition.

 Can a Stationary Vehicle Cause Accident? SC Answers in Affirmative

The Supreme Court held that even a stationary vehicle can cause an accident, giving rise to claim under Section 165 of the Motor Vehicle. “The word “use” has a wider connotation to cover the period when the vehicle is not moving and is stationary” the court said.

 SC Modifies U’khand HC Order On Removing Encroachments, Directs Notice To Be Served To All Encroachers, Status Quo Till Then

The Supreme Court modified part of an order passed by the Uttarakhand High Court on the removal of encroachments directing that the same shall be done only after the authorities issue an appropriate notice to unauthorised encroachers while maintaining status quo till a decision is taken by the civic agencies on the reply of the encroachers.

PIL Seeking Provisions To Enable All Including Disabled Persons To Exercise Right To Information: SC Agrees To Issue Directions

The Supreme Court on Thursday reserved its order on public interest litigation Aseer Jamal v. UOI that brings to light the grievance of a large portion of the population in being unable to exercise the right to information.

SC Rejects Plea To Probe Conspiracy Angle Into ATS Chief Hemant Karkare’s Death

A Supreme Court bench of Justice AK Sikri and Justice Ashok Bhushan dismissed a petition for an investigation into the death of former Maharashtra Anti-Terrorist Squad (ATS) chief Hemant Karkare, who was killed by Pakistani terrorists during the 2008 Mumbai attacks.

1984 Riots: SC Notice To Sajjan Kumar On SIT Plea To Cancel Anticipatory Bail

A two-judge bench of justices A K Sikri and Ashok Bhushan of the Supreme Court today issued notice to Congress leader Sajjan Kumar, accused in ’84 anti-sikh riot case, on a petition by the SIT challenging the anticipatory bail granted to him by the the Delhi High Court in February this year.

 Leprosy Has Been Curable Since 1980, Don’t Treat Leprosy Survivors As Disabled Persons

The Supreme Court on Thursday recommended that the Union of India, as well as the states, take steps to repeal such provisions of legislations that represent leprosy as being non-curable and contagious.

 Now Devotees At Any Religious Places In India Can Complain To Court About Mismanagement And Harassment

In a major development, the Supreme Court on Thursday extended to all religious institutions across India its directions with regard to proper management of temples and shrines which it had passed in June with regard to Jagannath temple in Odisha and said a devotee can now approach the district judge of any area with complaint of any exploitative practice, deficiencies in the management, maintenance of hygiene, proper utilization of offerings and protection of assets at any shrine throughout India and the district judge will examine the issue and send a report to the high court concerned for necessary directions.

 SC Upholds The Appointments Of CVC KV Chaudhary And VC TM Bhasin

A two Judge Bench of Supreme Court on Monday upheld the appointments of of Mr. K.V. Chaudhary as the Central Vigilance Commissioner and Mr. T.M. Bhasin. “We find no ground to quash the appointments”, said the bench said.

 Kathua Case: SC Allows 3 Witnesses To Approach J&K HC For Protection From Harassment By Police

The Supreme Court on Monday granted liberty to witnesses who were the classmates of Vishal Jangotra, one of the accused in the Kathua gangrape and murder case, to approach the Jammu & Kashmir High Court on the ground of harassment by the state police.

Cannot Drag On, Give Time Frame For Appointment Of Lokpal : SC To Centre

Asking the Centre to expedite the process of appointment of a Lokpal, the Supreme Court sought on Tuesday sought an affidavit from the government specifying the time frame within which definite steps will be taken.

Plea Seeking Reservation For Orphans In Government Jobs And Educational Institutions: SC Issues Notice To Centre, States

The Supreme Court admitted a Public Interest Litigation for rights of orphans and issued a notice to Central and State Governments. The PIL was filed by Poulomi Pavni Shukla, a law graduate, and also the author of the book “Weakest on Earth- Orphans of India”. The PIL seeks reservation of orphans in education and jobs, and also an extension of similar monetary benefits to them as given to children of SC/ST community.

Notices To 6 NLUs In Petition By IDIA Trainee On 5% Quota for Specially-Abled

The Supreme Court on Monday issued notices to six national law universities (NLUs) in a writ petition filed by a trainee of non-profit organisation Increasing Diversity by Increasing Access to Legal Education (IDIA) seeking implementation of the 5 per cent reservation quota for specially-abled students. The bench comprising Justice SA Bobde and Justice LN Rao observed that the benefit may not be extended to the petitioner this year as the admission process is almost complete. The bench also observed that in another matter it is seized of a similar prayer.

Pendency Concerns Being Addressed, Judges Being Appointed : CJI

 The three-judge bench headed by Chief Justice Dipak Misra Monday disposed of a PIL which sought urgent steps for reducing pendency of cases and appointment of judges to the High Courts saying “steps are being taken and no mandamus is required at this stage”

SC Issues Notice On PIL Seeking Filling Up Of Vacancies In Centre, State Information Commissions

The Supreme Court issued notice to Central and State Governments in the Public Interest Litigation filed seeking the filling up of vacancies of Information Commissioners under the Right to Information Act.

SC Seeks Assistance of AG in Petition Seeking Cashless Treatment to Victims of Road Accidents

A petition seeking cashless treatment to all injured victims of road accidents has been filed in the Supreme Court. While considering the petition, the bench headed by Chief Justice of India (CJI) sought the assistance of Attorney  General (AG)  K K Venugopal in the matter.

SC Seeks Response From Yogi Government On UP Encounter Killings

A Supreme Court Bench headed by Chief Justice of India (CJI) Dipak Misra on Monday sought response in two weeks from Uttar Pradesh Government on a  petition seeking CBI or SIT probe into all the encounter killings in the state so far.

SC Issues Notice On Petition Challenging FCRA Amendments Allowing BJP And Congress To Receive Foreign Funds

The Supreme Court on Monday issued notice on a petition challenging the amendments made to the Foreign Contributions (Regulation) Act, 2018 (FRCA) through the Finance Act, 2016, and Finance Act, 2018, which has been passed as a Money Bill with retrospective effect from the year 1976.

 “Purely Based On Newspapers, Reckless Personal Allegations”, SC Dismisses PIL For SIT Probe Into PNB Scam

 The Supreme Court on Tuesday dismissed a plea filed by advocate Manohar Lal Sharma seeking a court-monitored SIT probe into the multi-crore PNB scam after taking serious note of personal allegations leveled against the Prime Minister and Finance Minister in the petition.

SC Asks Allahabad HC To Decide Representation Against 10-Day Bail Rule In 6 Weeks

The Supreme Court asked the Allahabad High Court to consider and decide within six weeks the representation made before it by the petitioner against a provision in the Allahabad High Court Rules calling for a mandatory 10-day notice to the government counsel before a bail plea is made.

SC Issues Notice To Centre On Plea To Exempt Turbaned Sikhs From Wearing Other Headgear In Sports Events

A Supreme Court bench of Justice SA Bobde and Justice L Nageswar Rao issued a notice to the Centre and sought its reply on a public interest litigation seeking direction to formulate guidelines exempting turbaned Sikhs from wearing any headgear during sports events.