Supreme Court Weekly Round-Up

Supreme Court Weekly Round-Up

Benefit of Ambiguity In Tax Exemption Notification Should Go In Favour Of Revenue Department: SC Constitution Bench

In an important judgment in the realm of taxation laws the Constitution bench of the Supreme Court in Commissioner of Customs (Import), Mumbai vs. M/s. Dilip Kumar and Company, ruled that exemption notifications should be interpreted strictly and that the burden of proving applicability would be on the assessee to show that his case comes within the parameters of the exemption clause or exemption notification.

 Conviction Cannot Be Based Solely On Co-Accused’s ‘Confessional Statement’

The Supreme Court held that conviction under Narcotic Drugs and Psychotropic Substances Act, 1985, cannot be based solely on the confessional statement of a co-accused, in the absence of a substantive piece of evidence.

Assam-NRC Only Draft, Cannot Be Basis of Action By Any Authority

The Supreme Court on Tuesday observed that the National Register of Citizens(NRC) prepared for State of Assam was only a draft, and hence the same cannot be basis of any action by any authority.

Prior Notice To Other Party Before Filing Application To Set Aside Arbitral Award Not Mandatory

Disapproving view adopted by many High courts in the matter of interpretation of Section 34(5) the Arbitration and Conciliation Act, the Supreme Court held that the requirement (under Section 34(5)) of prior notice to the other party before filing an application to set aside an arbitral award is a directory.

Even ‘Patently Erroneous’ Orders Can’t Be Recalled By Criminal Courts

The Supreme Court in Mohammed Zakir vs. Shabana observed that a Criminal Court including High Court (while exercising criminal jurisdiction) cannot recall an earlier order invoking Section 362 of the Code of Criminal Procedure, on the ground that it was ‘patently erroneous’

 Mere Notings In Govt’s Official Files Are Matters Of Internal Deliberations & Don’t Bear Legal Sanctity

The Supreme Court observed that a mere noting in the official files of the government while dealing with any matter pertaining to any person is essentially an internal matter of the government and carries with it no legal sanctity.

 SC Slaps Cost Of Rs 75L On Litigant For Re-filing Delay Of Over 1,000 Days In An Arbitration Matter Before Madras HC

In an arbitration matter pending before the Madras High Court, the Supreme Court imposed a cost of Rs. 75 lakh on a litigant whose application for condonation of representation delay of more than thousand days was allowed by the division bench.

Courts Must See That The Public Doesn’t Lose Confidence In The Judicial System: SC Cautions Courts Against Casual Approach In Sentencing

Expressing shock about a Rajasthan High Court judgment that had reduced sentence in a criminal case to period already undergone which was only six days, the Supreme Court observed that imposing inadequate sentences will do more harm to the justice system and may lead to a state where the victim loses confidence in the judicial system and resorts to private vengeance.

 SC Directs Appointment Of Professionally Qualified Court Managers In All Principal District And Sessions Courts For Better Court Administration

Lamenting how judicial infrastructure has been given relatively low importance with infrastructure in courts in interior parts of the country being on ventilator, the Supreme Court on Thursday underlined some vital features which have to provide in all court complexes across India including court managers with MBA degree for ensuring efficient court administration in every judicial district.

SC Grants Protection From Arrest To Doctor Couple Booked Under S.304 For Medical Negligence

The Supreme Court on Monday granted relief to doctors Deepa and Sanjeev Pawaskar, who have been booked under Section 304 (culpable homicide not amounting to murder) of the IPC in a case of medical negligence.

Cannot Cancel Entire Exam If Two Students Were Found Copying: ASTE Exam In Gauhati Upheld

The Supreme Court last week upheld the examination held for selection to the post of Assistant Signal-and- Telecommunication Engineer (ASTE) (Grade-B) against 30% LDCE quota vacancies in Gauhati.

Bihar Shelter Home Rape Case: SC Takes Suo Motu Cognizance; Restrains Media From Publishing Even Blurred/ Morphed Photos Of Minor Rape Victims

The Supreme Court on Thursday took suo motu cognizance of the alleged sexual exploitation and torture of more than 30 minor girls in a shelter home in Muzaffarpur in Bihar, issuing a notice to the State as well as the Ministry of Women and Child Development.

 Judge Loya Case: Bombay Lawyers Association’s Review Petition Dismissed

The Supreme Court on Tuesday dismissed the review petition filed by Bombay Lawyers Association (BLA) seeking review and recall of the judgment denying an independent probe into CBI Special Judge Brijgopal Harkishan Loya’s death.

 “Everybody With Any Grievance Can’t Rush To SC With A PIL, SC Refuses To Entertain Plea To Ban ‘Paid News’

The Supreme Court on tuesday refused to entertain a public interest litigation seeking a ban on ‘ paid news ’ and gave liberty to the petitioner to approach the authority concerned (Election Commission of India)

SC Orders Attachment Of Bank A/c, 40 Movable Properties Of Real Estate Major Amrapali

Pulling them up for “defrauding investors and playing dirty games with the court”, the Supreme Court on Wednesday ordered attachment of all bank accounts and movable properties of 40 firms belonging to the real estate major.

 SC Directs CBI Court To Accept Adarsh Housing Complex Land As Security To Defreeze Society’s Bank Account

The Supreme Court allowed defreezing of bank account of Adarsh Cooperative Housing Society Ltd by furnishing security of the land in which the housing complex is situated.

SC Directs NBCC To Complete Unfinished Amrapali Projects; Time-frame Sought Within A Month

In a huge relief to Amrapali home buyers, the Supreme Court Thursday directed the public sector National Building Construction Corporation (NBCC) to undertake all unfinished housing projects of the group – flats numbering around 50,000- and file within 30 days a comprehensive plan and timeframe within which construction be completed.

SC Refuses To Grant Parole To Murder Convict Who Sought It Only For The Purpose Of Filing SLPs

The Supreme Court set aside a Delhi High Court order that granted parole to a murder convict, who sought it only for the purpose of filing Special Leave Petition before the apex court.

This Is Hardly Good Governance: SC Asks State Of Jharkhand To Make Regular Appointments Only

This is hardly good governance, remarked a Supreme Court bench headed by Justice Madan B Lokur observing that the State of Jharkhand continued with the irregular appointments for almost a decade after Umadevi judgment. The bench of Justice Madan B Lokur and Justice Deepak Gupta directed the State to consider making regular appointments only, dropping the idea of making irregular appointments so as to short circuit the process of regular appointments.

 Important Hearings Before Three Judge Benches Also Be Considered For Live-Streaming: CJI

The Supreme Court on Friday granted further two weeks’ time to the Centre to frame comprehensive guidelines on the live streaming of court proceedings after considering the views of interested parties.

Notice To Centre, States, UTs On PIL Seeking Revision Of Mid-day Meal Scheme

With India home to largest number of malnourished children, the Supreme Court on Tuesday issued notice to the Centre, States and Union Territories on a PIL seeking revision of budget for midday meals and enhancement in its calorific content, a court- supervised quality assurance system and an audit of all schemes and facilities implementing child nutrition and education programmes, by a court-appointed third party commission, besides other reliefs to remove various inadequacies plaguing the mid-day meal scheme across country.

Maran Bros To Face Trial In Illegal Telephone Exchange Case As SC Dismisses Appeal Against Madras HC Judgment

Former Union Minister Dayanidhi Maran, his brother Kalanithi Maran and five others will now face trial in the BSNL illegal telephone exchange case with the Supreme Court dismissing their appeals against the Madras High Court judgment which had refused to discharge them in the Telephone Exchange case.

SC Dismisses PIL Seeking Guidelines To Regulate Cesarean Deliveries in Hospitals

The Supreme Court has dismissed a PIL petition seeking framing of guidelines to regulate cesarean deliveries in hospitals. The bench of Chief Justice Dipak Misra, Justice A M Khanwilkar and Justice D Y Chandrachud dismissed the petition finding it to be frivolous, and imposed costs of Rs.25,000.

SC Restrains ED From Summoning Nalini Chidrambaram In Relation To Saradha Chit Fund Case

While issuing notice on the petition filed by Nalini Chidambaram against summons issued by Enforcement Directorate(ED), the Supreme Court bench of Justice A K Sikri and Justice Ashok Bushan passed an order restraining ED from summoning her in the interim.

 INX Media Case: SC Refuses To Interfere With HC Order Granting Bail To Karti Chidambaram

The Supreme Court on Friday refused to interfere with the Delhi High Court order granting bail to Mr. Karti Chidambaram in the INX Media case. The order was issued by a bench comprising Justice AK Sikri and Justice Ashok Bhushan.