Supreme Court Weekly Round-Up

Supreme Court Weekly Round-Up

Entire Prosecution Story Shouldn’t Be Doubted For Certain Embellishments: SC Revives 1993 WB Panchayat Post-Poll Violence Case

Reviving 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 Course

In 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 Trial

In 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 Involved

The 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 Divorce

The 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 Promotion

The 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 Case

The 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 Case

The 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 Plea

In 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 Department

The 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 Him

The 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 quashed the FIR and criminal complaints in Telangana and Maharashtra respectively registered against them for allegedly hurting the religious sentiments of Muslims.

Vision Document On Taj Mahal: SC Stresses On Keeping Interest Of Monument, TTZ In Mind; Expects UP Govt To Take Call On Declaring Agra A Heritage City In A Month

Disquieted by the incorrect figures of polluting industries near the Taj Mahal, the Supreme Court on Wednesday emphasized that the vision document for protection and preservation of the UNESCO world heritage site must be prepared while keeping the larger picture and the interest of the Taj Mahal and the Taj Trapezium Zone (TTZ) in mind.

Uttarakhand HC Judgment Imposing 2 lakh As Costs On Advocate For Filing False Affidavit Stayed

The Supreme Court stayed the judgment passed by the Uttarakhand High Court last month, wherein the latter had imposed Rs. 2 lakhs as costs on a litigant who had made false averments in an affidavit filed by him.

Stick To Timelines Or Risk Being Superseded: SC Warns Pharmacy Council Of India

The Supreme Court warned the Pharmacy Council of India of superseding it if the latter does not mend its irregularity in granting recognition to pharmacy institutions despite them having met all pre-requisites to start admissions.

 “Govt Unprepared. We Are Anguished”: SC Defers Hearing On PIL For Fast Track Courts To Try MPs/MLAs

The Supreme Court on Tursday expressed unhappiness over the Centre not giving an answer as to the number of criminal cases pending against MPs and MLAs in various courts despite repeated directions and deferred the hearing on PIL seeking fast track courts to next week.

SC Partially Stays Delhi HC Judgement Striking Down Exclusion Of Genetic Disorders From Insurance Policies As Unconstitutional

The Supreme Court on Monday partially stayed the Delhi High Court judgment which had held as unconstitutional discrimination in health insurance against individuals based on their genetic disposition or genetic heritage, in the absence of appropriate genetic testing and laying down of intelligible differentia.

SC Dismisses PIL Seeking To Make Bribery & Other Election Offences Cognizable, Punishable With Min 2-Yr Jail Term

The Supreme Court on Monday dismissed a petition seeking a minimum punishment of two years for electoral offences, including bribery, false statement, undue influence. The plea, filed by BJP leader and Advocate Ashwini Kumar Upadhyay, was dismissed by a bench comprising Chief Justice of India Dipak Misra, Justice AM Khanwilkar and Justice DY Chandrachud.

SC Stays HC Order That Convicted A Lawyer For Contempt For Criticizing HC Judge In His Facebook Post

A Supreme Court Bench on Monday stayed the Punjab and Haryana High Court order that sentenced an advocate to one-month simple imprisonment for criticizing a judge in his Facebook post.

 WhatsApp Payment Service: SC Issues Notice On Plea Demanding Its Compliance With Indian Tax And IT Laws

The Supreme Court on Monday issued notice to WhatsApp Inc as well as the Union Ministries of Law, Finance, and Electronics and Information Technology on a petition concerning its Payments Service. The notice was issued by a Bench comprising Justice Rohinton Nariman and Justice Indu Malhotra on a petition filed by Delhi based think tank Centre For Accountability and Systemic Change (CASC) through Advocates PK Seth and Archana Pathak Dave, and argued by Advocate Virag Gupta.

Plea Against Change Of Bench : SC Requests NGT Chairman To Allocate The Case To The Same Bench For Rehearing

 In a unique order, the Supreme Court requested National Green Tribunal(NGT) Chairman to allocate a case to the same bench which earlier heard and reserved judgement on it.

 SC To Order Sample Re-Verification Of At Least 10% Of The Names Included In The Final Draft NRC

The Supreme Court on Tuesday said it will consider the necessity of ordering sample re-verification of at least 10 percent of the names included in the final draft NRC if required. The bench of Justice Ranjan Gogoi and Justice Rohinton Fali Nariman observed so after perusing the district-wise data of the percentage of the population who have been excluded from the final draft NRC.

Kannur Medical College Directed To Pay One Crore (From Cost) To Kerala Chief Minister’s Flood Relief Fund

The Supreme court, on Wednesday, while disposing an SLP filed by Kannur Medical College, directed the College to pay an amount of Rupees One Crore from the cost imposed by the Court to the Chief Minister’s Flood Relief Fund, Kerala.

One Nation One Education Board: SC Defers Hearing On PIL After Centre Says Similar Plea Dismissed Earlier

The Supreme Court on Monday deferred the hearing on a PIL seeking a direction to introduce ‘One nation One Education Board’ instead of present multi-board system and a value-based education system to verify the claim of the Centre that an identical PIL on same issue was earlier dismissed by the apex court.

“Be Serious, Make It A Model For Other Metros”, SC Green Signal To LG Panel For Clearing Delhi’s Garbage Mountains

Giving the green signal to the experts committee under principal secretary of Delhi Government’s urban development department to draw a plan to clear the landfill sites at Ghazipur, Bhalaswa and Okhla, the Supreme Court on Thursday directed them to hold their first meeting next Tuesday.

Violation Of Public Advertisement Guidelines: Notice To Centre, Six States And BJP

The Supreme Court on Friday sought responses from the Centre, six state governments and the BJP on a plea which has alleged that they have violated the apex court’s directions on issuance of public advertisements.

SC Stays Results Of SSC Exams 2017, Says System Appears To Be Tainted

The Supreme Court on Friday stayed in the interim the declaration of results of the Staff Selection Commission Examination 2017—both Combined Graduate Level Examination and Combined Higher Secondary Level Examination—while observing that prima facie the entire system appears to be tainted.

Constructions In Some States & UTs Stayed Till Formulation Of Solid Waste Management Policy

The Supreme Court on Friday stayed construction activities in a few States and Union Territories (UTs), until the framing of a Policy under the Solid Waste Management Rules, 2016 by them.