Supreme Court Weekly Round-Up

Defence Of Negligence Can’t Be Raised In Proceedings U/s 163A Of Motor Vehicles Act, Reiterates SCThe Supreme Court upheld compensation awarded to the parents of deceased driver of the vehicle, reiterating that an insurer cannot be permitted to raise a defence of the negligence of the driver (victim) in proceedings under Section 163A of the Motor Vehicles Act.Doctrine of “Pay And Recover” In Motor Accident Claim Cases Still Holds The FieldThe Supreme Court held that doctrine of “pay and recover” in motor accident claim cases still holds the field. A bench of Justice Ranjan Gogoi and Justice R Banumathi made this observation (Shamanna vs. Divisional Manager, The Oriental Insurance Co. Ltd.) while setting aside a Karnataka High Court order that had exonerated the insurance company from its liability directing the claimants to recover the compensation from the owner of the vehicle.Conviction For Dacoity With Murder Based On Confession Statement Of Accused Before Police Officer UpheldA two-Judge Bench of the Supreme Court recently upheld the conviction of an accused for Dacoity with Murder under Section 396 of Indian Penal Code. The Bench comprising Justices N.V Ramana and Abdul Nazeer was hearing an appeal filed by one Raju Manjhi against the Judgment of Patna High Court, whereby the High Court dismissed the appeal filed by the accused-appellant herein and upheld the order of conviction and sentence passed by the learned Additional District & Sessions Judge, Gaya.Limitation Period For Application To Set Aside Arbitral Award Begins From Date Of Disposal Of Application To Correct The AwardThe Supreme made it clear that the limitation period to make application to set aside arbitral award would start running from the date of disposal of the application seeking correction of the award, irrespective of whether such an application is allowed or dismissed. (Ved Prakash Mithal v. Union of India)Use Video Conferencing To Ensure Original NGT Bench Hears Review PetitionThe Supreme Court observed that the National Green Tribunal bench which hears a matter originally should hear the review petition unless it is virtually impractical for the original bench to hear the matter, or where the members of the original bench recuse.BCCI-SC Approves Draft Constitution, Modifies Lodha Panel Recommendations Including ‘One State One Vote’ And Cooling Off PeriodIn a huge relief to BCCI, the Supreme Court on Thursday modified two of the recommendations of the Justice Lodha committee to which the Board was up in arms – ‘one state one vote’ and cooling off period for persons contesting administrative posts. A bench of Chief Justice Dipak Misra, Justices A M Khanwilkar, and D Y Chandrachud also approved the draft constitution of Board with some modifications and ordered its registration within four weeks. States associations have been directed to comply with the constitution within a further period of one month.Jaypee Infratech Case : SC Remands Matter To NCLT; Homebuyers To Be Included In Committee Of CreditorsAlmost a year after insolvency proceedings were started against Jaypee Infratech Limited, the Supreme Court on Thursday remanded the matter back to the National Company Law Tribunal (NCLT) while directing that homebuyers be included in the Committee of Creditors (CoC) to be constituted afresh in the light of Insolvency and Bankruptcy (Amendment) Ordinance, 2018.SC Quashed Charges Under POCSO Act Against Doctors In Kottiyoor Rape Case ‘Evidence should be such which should at least indicate grave suspicion. Mere likelihood of suspicion cannot be the reason to charge a person for an offence’ held the Apex Court while discharging the gynaecologist, paediatrician and the hospital administrative who were arrayed as accused in the Kottiyoor rape case.SC Upholds Conviction Of Woman For Abetting Suicide Of Young Girl By Calling Her ‘Prostitute’The Supreme Court upheld the conviction of a lady who had abused a young girl by calling her a prostitute. The bench also directed the accused to surrender to custody within four weeks to serve the remaining sentence.SC Modifies NGT Order; Only Buses and Coaches Plying At Airport Need To Be Converted To CNG The Supreme Court, on Monday, modified the National Green Tribunal order that directed conversion of all vehicles plying at the IGI airport to CNG mode, by confining it to ‘buses and coaches’ only.NGT Order Imposing Damages Of Rs. 100 Crore On Real Estate Developer For Violating Environmental Clearance UpheldUpholding a National Green Tribunal Order, the Supreme Court imposed damages of Rs.100 crores or 10% of the project cost, whichever is higher, on Goel Ganga Developers India Pvt. Ltd. for raising construction in violation of the Environmental Clearance. The bench comprising of Justice Madan B. Lokur and Justice Deepak Gupta also upheld the fine imposed upon the PMC and the direction given to the PMC to take appropriate action against the erring officials.IBC: Application For Initiating Corporate ...

Supreme Court Weekly Round-Up

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