Supreme Court Weekly Round-Up

Entire Prosecution Story Shouldn’t Be Doubted For Certain Embellishments: SC Revives 1993 WB Panchayat Post-Poll Violence CaseReviving a criminal case related to a post-panchayat poll violence in West Bengal in 1993, the Supreme Court observed that merely because there are certain exaggerations, improvements and embellishments, the entire prosecution story should not be doubted.Persons With Low Vision Can’t Be Denied Reservation In Admission To MBBS CourseIn a decision with wide ramifications, the Supreme Court bench upheld the claim of a medical aspirant with “low vision” to be admitted in MBBS course in the category of persons with benchmark disability while holding that provisions of the Rights of Persons with Disabilities Act, 2016 which consider low visibility as a benchmark disability are binding on the Medical Council of India.The Identification Of A Person By The Timbre Of His Voice Is Risky In Criminal TrialIn a judgment acquitting rape accused concurrently convicted by the high court and trial court, the Supreme Court observed that identification from the voice of the accused may be possible if there is evidence to show that the witness was sufficiently acquainted with the accused in order to recognize him or her by voice. No Claim Petition Under MV Act Maintainable When Driver-Cum-Owner Causes Accident Himself And No Other Vehicle Is InvolvedThe Supreme Court reiterated that when an owner-cum-driver of a vehicle is himself responsible for the accident caused, in which no other vehicle is involved; no claim petition will be maintainable under Motor Vehicles Act.Prosecution U/s 498A IPC And Dowry Prohibition Act Not Sustainable When The Complaint Is Filed Long After DivorceThe Supreme Court held that prosecution under Section 498A of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, 1961, is not sustainable when the complaint is filed long after the divorce.Uncommunicated Adverse Annual Confidential Reports Can’t Be Relied Upon To Deny PromotionThe Supreme Court reiterated that uncommunicated Annual Confidential Reports (ACRs), which are adverse to an employee, cannot be relied upon for purpose of consideration of promotion. The bench of Justice Kurian Joseph and Justice Sanjay Kishan Kaul in Rukhsana Shaheen Khan vs. Union Of India set aside the Delhi High Court judgment and directed the competent authority to ignore the uncommunicated adverse ACRs and take a fresh decision in accordance with law.Victim Freely Moved Around With Accused For 12 Days, Came Across Many People, Yet Did Not Complain: SC Acquits Accused in Rape CaseThe Supreme Court recently acquitted a rape accused of taking note of the evidence to the effect that the prosecutrix remained in the company of the accused for about 12 days until she was recovered. Pan India Reservation Policy in Delhi Upheld, But States Can’t Unilaterally Extend Reservation To SC/ST Members Of Other States The constitution bench of the Supreme Court held that Pan India Reservation Rule in force in National Capital Territory of Delhi is in accord with the constitutional scheme relating to services under the Union and the States/Union Territories.SC Stays Execution Of Death Penalty In 7-Yr-Old Rape And Murder CaseThe Supreme Court stayed execution of death penalty imposed on a man accused of rape and murder of a 7-year-old girl. Calling for the records from the high court, the bench headed by the Chief Justice of India Dipak Misra ordered that the death sentence imposed on Pappu shall not be executed.SC Allows Girl To Stay With Her Parents While Hearing “Husband’s” Habeas Corpus PleaIn an inter-faith marriage case, the Supreme Court bench headed by Chief Justice of India Dipak Misra on Monday while hearing the habeas corpus plea of a man, who claimed to have converted his religion from Islamism to Hinduism to marry a Hindu girl, allowed the 22-year-old Hindu woman to stay with her parents after she expressed her desire not to stay with her husband.“Petitioner Made A Totally Misleading Statement Before This Court”, SC Imposes 10 Lakh Fine On IT DepartmentThe Supreme Court on Monday imposed a fine of Rs. 10 Lakh on the Income Tax Department for its casual approach towards a matter. The order was passed by a Bench comprising Justice MB Lokur, Justice S. Abdul Nazeer and Justice Deepak Gupta on a petition filed by the Commissioner of Income Tax (CIT), Ghaziabad, against a judgment passed by the Allahabad High Court in August 2016.CJI Accepts Apology Of NGO Office Bearer Who Cast Aspersions On HimThe bench headed by Chief Justice Dipak Misra on Monday accepted the unconditional apology tendered by an office bearer of an NGO who cast “contemptuous aspersions” on the CJI in connection with a case.SC Quashes Criminal Proceedings Against Priya Varrier In Relation To The Song ‘Manikya Malraya Poovi’ Allowing the plea of actress Priya Prakash Varrier and the director and producers of the Malayalam film ‘Oru Adaar Love’, Supreme Court on Friday...

Supreme Court Weekly Round-Up

Ashok Kini

Tags