Supreme Court Weekly Round-Up

Mere Ownership Of Vehicle In Which Prohibited Ammunitions Are Found Won’t Attract Conviction Under Arms Act

While acquitting an owner of a car in which prohibited ammunition was found, the Supreme Court observed that it is necessary to prove that the accused was in conscious possession at some point in time before the discovery and retained control of the objects at the time of the recovery.

 Stamp Duty Not Necessary For Enforcement Of Foreign Arbitration Awards In India: SC Settles The Law

The Supreme Court bench of Justice RF Nariman and Justice Indu Malhotra held that payment of stamp duty under the Indian Stamp Act is not necessary for the enforcement of foreign arbitration awards in India. Thus, the apex court has settled once and for all a contentious issue on which high courts have taken contrary views.

 Sec.498A IPC : Only HC Can Quash Cases On Settlement; A Third Agency Created By Courts Can’t Exercise Statutory Functions

The directions issued by a two-judges bench in Rajesh Sharma v. State of UP to regulate the purported misuse of Section 498A IPC were modified by a three-judges bench of SC on Friday.

 Contract Clause Giving Option Of Arbitration Or Court Adjudication; Choice Of Party Prevails, Holds SC

The bench comprising of the Chief Justice Dipak Misra, Justice AM Khanwilkar and Justice DY Chandrachudheld that when a clause in the contract gives an option to parties to go for arbitration or prefer adjudication by courts the emphasis has to be on the intention of the parties to have their disputes resolved by arbitration.

Withdrawal Of Prosecution: Public Prosecutor Cannot Act Like A Post Office Of The Government

Supreme Court on Thursday re-iterated that a public prosecutor cannot act like a post office of the Government while acting on a petition for withdrawal of prosecution under Section 321 of Code of Criminal Procedure.

1988 Road Rage Case: SC Grants Leave To File Review Petition Against Sentence Awarded To Navjot Singh Sidhu

The Supreme Court on Tuesday granted leave to file a review petition against the quantum of sentence awarded to cricketer-turned-politician Navjot Singh Sidhu in a 30-year-old road rage case. The Bench comprising Justice AM Khanwilkar and Justice SK Kaul issued notice to Mr. Sidhu but clarified that it would be restricted to the quantum of sentence imposed on him.

“Extent Of Violation Quite Frightening”: SC Orders Demolition Of All Constructions Made After 18th August 1992 In Kant Enclave

The Supreme Court, on Tuesday, ordered the State of Haryana to demolish any construction made in Kant Enclave after 18th August, 1992. The bench comprising of Justice Madan B. Lokur and Justice Deepak Gupta observed that Kant Enclave is a forest or is a forest land or is required to be treated as a forest or forest land and absolutely no construction activity could have been permitted on it with effect from 18th August, 1992, the date of notification under Punjab Land Preservation Act, 1900.

“No Discrimination Of Leprosy Patients In Treatment, Education Etc.”, SC Issues Slew Of Directions To End Stigma Of Leprosy (Pankaj Sinha V. Union Of India)

On Friday, the Supreme Court issued a slew of directions to end the stigma and discrimination of leprosy patients. The bench led by Chief Justice of India Dipak Misra has directed the States and Union Territories to undertake massive awareness programs on the curability of leprosy.

SC Grants Rs 50 Lakh Compensation To Former ISRO Scientist NambiNarayanan, Committee Headed By Justice DK Jain To Inquire In To The Role Of Kerala Police Officers

Supreme Court of India granted Rupees 50Lakh compensation to former ISRO Scientist Nambi Narayanan. The Court has also constituted a committee headed by former Supreme Court Judge Justice DK Jain to inquire in to the role of police officers in the conspiracy against him

SC Orders Release Of Migrant Woman On Bail As State Reports That Her Relatives Are Indian Citizens

The Supreme Court granted bail to a woman who was earlier found to be ‘illegal migrant’ concurrently by the Foreigner’s Tribunal and the Gauhati High court. The Court allowed Bail to the petitioner after the enquiry conducted by Superintendent of the Police, Barpeta revealed that the five brothers, parents and husband of the petitioner are Indian citizens.

 ‘The Day Is Not Far Off When Every Judgment Can Be ‘Annulled’ By Governments’

While setting aside Kerala Professional Colleges (Regularization of Admission in Medical Colleges) Ordinance 2017, the Supreme Court made scathing observations about the Kerala Government’s blatant attempt to nullify the judgment of the High court and the Supreme Court.

SC Directs All States/UTs To Frame Rules To Pay Compensation To Accident Victims By Auctioning Uninsured Motor Vehicles

The Supreme Court directed each state and union territories to frame appropriate rules to put uninsured motor vehicles in public auction and pay compensation to victims from such sale proceeds.

SC Strikes Down Kerala Medical Ordinance Which Sought To Regularize Admissions Earlier Cancelled By SC

The Supreme Court set aside Kerala Professional Colleges (Regularization of Admission in Medical Colleges) Ordinance 2017[Ordinance No.21 of 2017], which was promulgated by Kerala Government to regularize the admissions to private medical colleges, which were  earlier cancelled by the Kerala High court and the Supreme Court.

 SC Agrees To Hear Rajasthan Private Colleges’ Plea For Relaxation Of Minimum Marks In Medical Admissions To Fill Vacancies

The Supreme Court on Tuesday agreed to hear a petition filed by the Federation of Private Medical and Dental Colleges of Rajasthan, alleging non-compliance of counselling and admission process for admissions to nearly 500 seats to various dental colleges in Rajasthan.

 Adulterated Red Chilli Powder Lands Hotelier In Jail; SC Restores Conviction

The Supreme Court restored conviction of a hotelier from whose eatery the food inspector found adulterated red chili powder, which was kept for cooking/preparation of food in the eatery.

Babri Demolition Case: SC Seeks Report From Trial Judge On How He Intends To Complete The Trial

The Supreme Court Monday sought a report from a sessions judge in a Lucknow court on how he intends to complete the trial in the Babri Masjid demolition case involving BJP veterans L K Advani, M M Joshi and Uma Bharti within the April 2019 deadline.

SC Asks Magistrate To Pass Reasoned Order On Cognizance of Hate Speech Complaint Against UP CM Yogi Adityanath

The Supreme Court directed the Chief Judicial Magistrate, Gorakhpur, to pass a reasoned order on whether to take cognizance of a criminal complaint against UP Chief Minister, Yogi Adityanath. The complaint alleged that riots in Gorakhpur in 2007 were caused by Hindu YuvaVahini members who were allegedly incited and provoked by Yogi Adityanath, then a Member of Parliament.

SC Issues Notice On Plea For Transferring Murder Case Against BJP MLA Sushil Singh To CBI

The Supreme Court on Friday issued notice on a petition seeking transfer to the Central Bureau of Investigation (CBI) the case filed against BJP MLA Sushil Singh for the murder of one Ram BihariChaubey.

 Saradha Chit Fund Case: SC Extends Interim Order Restraining ED From Summoning Nalini Chidambaram

In a reprieve to Nalini Chidambaram, senior advocate and wife of former finance minister P. Chidambaram, the Supreme Court on Friday extended its interim order restraining the Enforcement Directorate (ED) from summoning her in connection with the multi-crore Saradha Chit Fund scam.