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Supreme Court Weekly Round-Up

Ashok Kini
13 Aug 2018 4:24 AM GMT
Supreme Court Weekly Round-Up
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Defence Of Negligence Can’t Be Raised In Proceedings U/s 163A Of Motor Vehicles Act, Reiterates SC

The 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 Field

The 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 Upheld

A 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 Award

The 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 Petition

The 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 Period

In 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 Creditors

Almost 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 Upheld

Upholding 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 Insolvency Resolution Process Filed By Advocate Of Financial Creditor Maintainable

The Supreme court observed that an application filed by an advocate would be maintainable under Section 7(3)(a) of the Insolvency And Bankruptcy Code, 2016. This observation was made by the bench of Justice Rohinton Fali Nariman and Justice Indu Malhotra in SUNRISE 14 A/S DENMARK vs. Ravi Mahajan, while disposing of an appeal against a National Company Appellate Tribunal.

SC Imposes Costs Of Rs. 2Cr On Medical College For Playing Fraud During Inspection By Projecting Healthy Persons As Patients

The Supreme Court on Tuesday imposed an exemplary cost of Rs. 2 crore on a medical college, while dismissing a writ petition filed by it, taking note of the fraud and deception played by it during inspection by projecting healthy persons as patients.

‘Unapologetic’ Litigant Directly Sent To Jail For Not Complying With Its Order

The Supreme Court, on Wednesday, sent an ‘unapologetic’ litigant to jail directly from the Court for a period of three months.

Closure Of 27 Resorts Working Without Approval In Nilgiris Elephant Corridors Ordered

The Supreme Court directed the District Collector of the Nilgiris to seal and close down 27 resorts operating without approval in the elephant corridors.

Aarushi-Hemraj Murder: CBI’s Appeal Against Acquittal Of Talwar Couple Admitted

The Supreme Court on Friday admitted the appeal filed by Central Bureau of Investigation (CBI) against Allahabad High Court’s acquittal of dentist couple Rajesh and Nupur Talwar in 2008 double murder of their daughter Aarushi and domestic help Hemraj

Muzaffarpur Shelter Home Rape: SC Directs Action Against Accused’s Wife For Disclosing Victims’ Identity On Facebook

The Supreme Court on Tuesday directed the authorities to take action against the wife of an accused in Muzaffarpur-shelter-home-rape incident for disclosing the identity of sexual abuse victims through her Facebook account.

J&K HC Directive Against Prohibiting Cinema Goers From Carrying Food Items Inside Multiplexes Stayed

The Supreme Court, on Friday, stayed the direction issued by Jammu and Kashmir High Court against prohibiting cinema goers/viewers from carrying his/her own food articles and water inside the theatre.

SC Judge-Headed Panel To Look Into Plight Of Children Of Women Prisoners

The Supreme Court ordered the appointment of a committee headed by a retired Supreme Court judge to look into issues of children of women prisoners. On Wednesday, when the matter was taken up  the Bench of Justices Madan Lokur, Abdul Nazeer and Deepak Gupta the Attorney General expressed his concurrence with the view expressed by the court about the formation of a committee to study the issues.

“Somebody Has To Wake Up”;SC Pulls Up Bihar Govt Over Muzaffarpur Shelter Home Rapes

The Supreme Court on Tuesday pulled up the Bihar government in connection with the rape of minor girls in a Muzaffarpur shelter home run by an NGO and said it almost amounted to “state-sponsored incidents”

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