Supreme Court Weekly Round-Up

Accused Entitled To Acquittal If Informant And Investigating Officer Is The Same PersonIn a significant pronouncement, a three-judge bench of the Supreme Court categorically held that the informant and the investigator in NDPS cases must not be the same person.Insolvency And Bankruptcy Code: Section 14 Moratorium Would Not Apply To A Personal Guarantor Of A Corporate DebtorThe Supreme Court held that Section 14 of the Insolvency and Bankruptcy Code, 2016, which provides for a moratorium for the limited period mentioned in the Code, on admission of an insolvency petition, would not apply to a personal guarantor of a corporate debtor.Insolvency And Bankruptcy Code (IBC) Will Override Provisions Of Other Enactments Inconsistent With It Upholding a Delhi High Court judgment which held that moratorium under the Insolvency and Bankruptcy Code (IBC) will apply to the order of Income Tax Appellate Tribunal, the Apex Court observed that IBC will override anything inconsistent contained in any other enactment, including the Income Tax Act. Insurer Can’t Be Absolved Merely Because The Driving Licence Is FakeThe Supreme Court held that the mere fact that the driving licence is fake, per se, would not absolve the insurer and it can only be absolved if it is found that the owner was aware of the fake licence and still permitted the driver to drive the vehicle. The bench of Chief Justice of India Dipak Misra and Justice AM Khanwilkar was considering an appeal (Rama Chandra Singh vs. Rajaram) against Allahabad High Court order that had absolved the insurer merely on the finding that the driving licence of the driver was fake.No Forfeiture Of Gratuity For ‘Acts Involving Moral Turpitude’, If Not Convicted By A Court Of LawInterpreting Section 4(6)(b)(ii) of the Payment of Gratuity Act, the Supreme Court held that forfeiture of gratuity on the ground of misconduct which constitutes an offence involving moral turpitude, is permissible only if he is convicted by a court of competent jurisdiction for the said offence.No Eviction Can Be Ordered Even If The Parties Had Entered Into A CompromiseThe Supreme Court held that in cases where protection under the Rent Act is available, no eviction can be ordered unless ground seeking eviction is made out, even if parties had entered into a compromise.Mere Oral Evidence Of Production Of Contraband Before Magistrate Won’t Suffice For Conviction In NDPS CaseThe Supreme Court on Tuesday restored a trial court order that acquitted an accused in an NDPS case, on the ground that the oral evidence adduced that the contraband was produced before the magistrate cannot form the basis to record the conviction, in the absence of the order of the magistrate to that effect.It is Permissible to Lay down Essential Educational Requirements, Residential/Domicile For State Quota Seats For MBBS/BDS/Ayurvedic CoursesThe Supreme Court, while upholding the constitutionality of educational/domicile requirements in Assam MBBS/BDS Admission Rules, observed that it is permissible to lay down the essential educational requirements, residential/domicile in a particular state in respect of state quota seats for basic courses of MBBS/BDS/Ayurvedic.Job Insecurity Shouldn’t Be Created For Teachers Or Lecturers Who Dedicate Their Life For Education Of StudentsWhile considering a plea of a teacher in a service-related matter, the Supreme Court observed that insecurity should not be created in the employment of teachers or lecturers who dedicate their life for the education of the students, which is of utmost importance Conviction Of Man Whose Extramarital Affair Abetted Wife’s Suicide UpheldThe Supreme Court upheld the conviction of a man whose illicit relationship with another woman allegedly ‘abetted’ his wife’s suicide.Ad-Hoc Appointments Are Not Contractual: SC Relief To Ad-Hoc Judges Who Were Denied Retiral Benefits In a relief to ad-hoc judges who were battling with the Madras High court claiming retiral benefits, the Supreme Court held that they are entitled to it and directed it to be computed and paid to them within a period of two months.Pictorial Warning Covering 85% Of Packaging Space Mandatory In All Tobacco Products: Stay On Karnataka HC Judgment Made AbsoluteThe Supreme Court on Tuesday made absolute its January 8 order granting an interim stay on the Karnataka High Court judgment dated December 15, 2017 striking down the 2014 amendment to the Cigarettes and other Tobacco Products (Packaging and Labelling Rules) of 2008.Kerala Floods: Consider To Bring Down The Water Level To 139 ft In Mullaperiyar Dam: SCThe Supreme Court on Thursday required the Committee under section 9 of the Disaster Management Act to urgently meet with the Kerala and Tamil Nadu state authorities over the management of the Mullaperiyar reservoir water, directing a report to be submitted by Friday morning.Light Blue Sticker For Petrol/CNG, Orange For Diesel Vehicles In NCR By Oct 2, Orders SC Worried about the air pollution situation in ...

Supreme Court Weekly Round-Up

Ashok Kini

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