Supreme Court Weekly Round-Up

Supreme Court Weekly Round-Up

Person Who Remains In Occupation Of An Encroached Property Disqualified From Being Member Of Panchayath, SC Overrules Its Earlier Judgment [Janabai vs. Additional Commissioner]

The Supreme Court, overruling its earlier decision, held that a person who shares an encroached property by residing there and there is continuance; he/she has to be treated as disqualified from being a Member of Panchayat. Three-Judge Bench comprising of Chief Justice Dipak Misra, Justice AM Khanwilkar and Justice DY Chandrachud in Janabai vs. Additional Commissioner overruled two-judge bench decision in Sagar Pandurang Dhundare v. Keshav Aaba Patil.

Lender Banks Cannot Be Left Hanging For Forever  [ArcelorMittal Vs Numetal]

Lenders cannot be left hanging for forever”, the Supreme Court on Wednesday observed and made it clear that the Insolvency and Bankruptcy Code (IBC) was brought to ensure that the dues of the companies, declared non-performing assets (NPAs), are recovered by the banks.

No Criminal Case Is Free From Shortcoming; Accused Can’t Take Advantage Of ‘Insignificant’ Inconsistencies In Prosecution Evidence [Shamim vs. State]

A three-judge bench of the Supreme Court, while confirming a high court judgment convicting a woman for the murder of in-laws of her daughter, observed that no criminal case is free from shortcomings and the benefit would go to accused only if inconsistencies in prosecution evidence go to the root of the matter.

Motor Accidents Claims: Parents Entitled To Be Awarded Loss Of Consortium Under The Head Of Filial Consortium [Magma General Insurance Co. Ltd vs. Nanu Ram Alias Chuhru Ram]

The Supreme Court observed that in a case where a parent has lost their minor child, or unmarried son or daughter, the parents are entitled to be awarded loss of consortium under the head of filial consortium. The bench of Justice Rohinton Fali Nariman and Justice Indu Malhotra also observed that court is duty-bound and entitled to award “just compensation”, irrespective of whether any plea in that behalf was raised by the claimant.

Court Must Not Go Deep Into Merits Of The Matter While Considering Bail Application: SC Cancels Bail Granted By HC To An ‘Influential Businessman’ [state of Orissa vs. Mahimananda Mishra]

The Supreme Court cancelled bail granted by the high court to an ‘influential’ businessman accused in a murder case, taking into account his past attempt to evade the process of law, and also implications of the clout enjoyed by him in the community.

Labour Court Can Examine Charges On Merits Only If Domestic Enquiry Is Held Illegal: SC Upholds Dismissal Of Banker Who Was Found Drunk On Duty [M. L. Singla V. Punjab National Bank& Anr.]

The Supreme Court, while upholding the dismissal of a bank employee who was found drunk during duty, explained the procedure to be followed by the Labour Court while dealing while examining an industrial reference to it pertaining to the dismissal of an employee.

Mere Delay In Forwarding FIR Copy To The Magistrate Will Not Vitiate The Trial, Reiterates SC [Jafel Biswas vs. State of West Bengal]

The Supreme Court reiterated that mere delay in sending the report under Section 157 CrPC to the Magistrate itself, cannot lead to a conclusion that the trial is vitiated or the accused is entitled to be acquitted on this ground. The bench comprising of Justice Ashok Bhushan and Justice Vineet Saran were dealing with a submission of Advocate Pijush Roy, who appeared for the accused-appellants, that a report under Section 157 CrPC which is to be forwarded to the Magistrate, was submitted with delay. It was argued that there is non-compliance of Section 157 Cr.P.C.

Default Sentences, Inter Se, Cannot Be Directed To Run Concurrently [Sharad Hiru Kolambe V. State of Maharashra & Ors.]

The Supreme Court on Thursday ruled that default sentences, inter se, cannot be directed to run concurrently. The Bench comprising Justice AM Sapre and Justice UU Lalit explained, “Theoretically, if the default sentences awarded in respect of imposition of fine in connection with two or more offences are to be clubbed or directed to run concurrently, there would not be any occasion for the persons so sentenced to deposit the fine in respect of the second or further offences. It would effectively mean imposition of one single or combined sentence of fine. Such an exercise would render the very idea of imposition of fine with a deterrent stipulation while awarding sentence in default of payment of fine to be meaningless.”

 Food Safety Violations Can Be Prosecuted Under IPC As Well [State of Maharashtra vs. Sayyed Hassan Sayyed Subhan]

The Supreme Court held that Food Safety Officers can lodge complaints alleging offences under the provisions of the Indian Penal Code against the persons transporting, stocking and/or selling the prohibited goods. The bench comprising Justice SA Bobde and Justice L Nageswara Rao observed that there is no bar for prosecution under the IPC merely because the provisions in the FSS Act prescribe penalties. The opposite view adopted by the high court has been set aside.

No Automatic Entitlement To Back Wages Upon Reinstatement By Court [Rajasthan State Road Transport Corporation vs. Shri Phool Chand]

The Supreme Court held that the back wages could not be awarded by the court as of right to the workman consequent upon setting aside of his dismissal/termination order.

MACT Claims: HC Should Assign Reasons For Not Granting Enhancement Of Compensation Or Reduction [Sudarsan Puhan vs. Jayanta Ku. Mohanty]

The Supreme Court reiterated that the High court while sitting in appeal above a MACT order, should assign the reasons for not granting enhancement of compensation and/or its reduction.

Tenant Can’t Be Evicted On The Ground Of ‘Change Of User’ If There Is No Negative Covenant In The Lease Agreement Restricting User Of Premises For Any Other Purpose[Ravi Chand Mangla vs. Dimpal Solania]

The Supreme Court held that in the absence of any negative covenant in the lease agreement restricting the tenant to run business only relating to the purpose for which the premises were let out, the use of the lease premises for other purposes does not amount to ‘user for the purpose other than for which the premises was leased’.

Conviction Of Officials Who Were Caught Accepting Bribe Of Rs 800 In Year 1994 Upheld

The Supreme Court recently dismissed appeals filed by officials who were accused of receiving bribe of Rs 800 from a shop owner. The bench of Justice R Banumathi and Justice Indira Banerjee observed that there was sufficient evidence to hold that there was demand of bribe and acceptance, and refused to take a different view from that taken by the high court and the trial court.

Litigant, Who Refused Services Of Senior Lawyer And Insisted To Argue In Person In Tamil, Finally Loses Legal Battle In SC

On Monday, the Apex Court bench of Justice S.A. Bobde and Justice L. Nageswara Rao after taking into account the written submissions delivered a reasoned judgment dismissing the appeals. In her written submissions, the appellant had referred to two documents which were neither part of the pleadings in the suit nor was an issue framed regarding the said document. The bench observed: “Civil Suits are decided on the basis of pleadings and the issues framed and the parties to the Suit cannot be permitted to travel beyond the pleadings.”

SC Temorarily Lifts Ban On Sale Of Saridon, 2 Other Drugs

The Supreme Court on Monday allowed for now sale of Saridon, Piriton Expectorant and Dart which were in the list of 328 fixed-dose combination (FDC) drugs banned by the Centre on the ground that there was “no therapeutic justification” for the ingredients contained in them and that they “may involve risk to human beings”.

Bihar Shelter Home Rape Case: SC Stays Patna HC Order For New CBI Team Under Special Director’s Supervision

The Supreme Court on Tuesday stayed the order passed by the Patna High Court last month in the Muzaffarpur shelter home sexual abuses case, wherein the High Court had directed Special Director, CBI, New Delhi to monitor the progress of the probe, and had left it open for him to constitute a fresh team for further investigation.

 Delhi Odd-Even Scheme: SC Stays NGT Order Refusing Exemption To Two-Wheelers

The Supreme Court Monday stayed the operation of the National Green Tribunal’s 2017 order which had directed that odd-even vehicle rotation scheme be made applicable to two-wheelers also in Delhi.

 SC Orders Release Of ‘Unapologetic’ Litigant From Jail After He Tenders Unconditional Apology And Complies With Its Order

The Supreme Court last week ordered the release of a litigant, who was sent to jail for being ‘unapologetic’ and for not complying its order after he stated that he complied with its order and tendered an unconditional apology.

SC Notice On Plea For Banning 85 Pesticides, Many Not Reviewed By Expert Committee

The Supreme Court on Monday issued notice on an application seeking direction to the Centre to review 85 pesticides, besides the 99 forming the subject matter of the main petition seeking a ban on pesticides with grave health and environmental hazards.

SC Orders Protection For Petitioner In ‘Nikah-Halala’ Matter Allegedly Attacked With Acid

A three-judge bench headed by Chief Justice Dipak Misra on Monday ordered the UP police to provide protection to Shabnam Rani, a petitioner before the Supreme Court against Nikah-halala who was allegedly attacked with acid by her brother-in-law and his friend.

“Potholes Killing More Than Terrorism, It Is Frightening”: SC

A bench of justices Madan B Lokur and Deepak Gupta on Tuesday questioned why states were disputing the centre’s figure that potholes claimed 3,597 lives last year and were not willing to take remedial measures to save precious lives.

SC Upholds Quashing Of Consumer Panel Member’s Appointment

The Supreme Court on Wednesday upheld a Himachal Pradesh High Court decision quashing the appointment of a woman member in the Himachal Pradesh State Consumer Disputes Redressal Commission. The decision was issued by a bench comprising Chief Justice of India Dipak Misra, Justice AM Khanwilkar and Justice DY Chandrachud.

SC Opens Process Of Filing Claims, Objections By Those Left Out Of Assam NRC

Keeping in mind the “magnitude” of the issue, the Supreme Court on Wednesday granted another opportunity to lakhs of people whose names do not figure in the draft National Register of Citizens (NRC) of Assam to file claims and objections while also listing 10 documents which they can rely on.

 SC Summons Delhi BJP Chief Manoj Tiwari For Breaking Lock Of Sealed House; Contempt Notice Issued

The Supreme Court on Wednesday issued contempt notice against Delhi BJP President Manoj Tiwari for openly defying court-appointed monitoring committee on sealing by breaking the lock of a house sealed by East Delhi Municipal Corporation on Sunday.

 Medical College Inspections: SC Appoints Nandan Nilekani To Examine Possibility of Computer Network Based/ AI Solution

The Supreme Court on Wednesday appointed Mr. Nandan Nilekani for examining the possibility of a computer network based or artificial intelligence based technological solution for inspection of medical colleges by the Medical Council of India (MCI).

There Cannot Be A Blanket Ban On Media Reporting Of Rape Cases: SC Lifts Gag Order In Muzaffarpur Shelter Home Case

There cannot be a “blanket ban” on media reporting on cases of rape and sexual abuse but such incidents should not be sensationalised, the Supreme Court said Thursday. It made the observations after vacating a Patna High Court order restraining the media from reporting on the probe into the Muzaffarpur shelter home case where several women were allegedly raped and sexually abused over a period of time.

 Jammu And Kashmir Acting DGP Dilbag Singh To Continue In Office, Says SC

The Supreme Court on Thursday said the newly appointed acting Director General of Police (DGP) of Jammu and Kashmir shall continue in office till the Union Public Service Commission (UPSC) takes a decision on the matter. A bench of Chief Justice Dipak Misra said Acting DGP Dilbag Singh, who replaced S P Vaid, shall continue to operate and asked the UPSC to take a decision within four weeks on suitability of senior police officers who can be appointed as police chief in the state.

 Nigerian National Languishes In Prison; SC Directs Consideration Of His Deportation

The Supreme Court on Thursday directed the Union Ministry of Home Affairs and External Affairs to jointly consider the request for release and deportation of a Nigerian national, who is allegedly languishing in Dimapur District Sub Jail, Nagaland since September 2016.

 Applications For Judicial Service Exams Reach HC After Last Date Due To Postal Delay: SC Allows Aspirants To Participate In Exam Provisionally

In a relief to aspirants for judicial officer posts, the Supreme Court permitted them to appear for the main examination for selection and appointment to the post of Additional District Judge in the State of Madhya Pradesh, even though their applications reached later than the last date fixed by the high court, due to postal delay.

 SC Issues Notice On Plea For Humane Treatment Of Detainees In Assam’s Detention Centres & Other Safeguards

The Supreme Court on Thursday issued notice on a petition demanding a direction to the authorities to ensure humane treatment of those detained in the detention centres in Assam. The notice was issued by a bench comprising Justice MB Lokur and Justice Deepak Gupta, which directed the petition to be tagged along with another Intervention Application raising similar concerns over detention centres. Advocate Prashant Bhushan appeared for the petitioner.