Supreme Court Weekly Round-Up

SC Upholds Constitutional Validity Of Goods And Services Tax (Compensation To States) Act, 2017 [Union of India V. Mohit Mineral Pvt. Ltd.]The Supreme Court on Wednesday upheld the Constitutional validity of Goods And Services Tax (Compensation To States) Act, 2017, as well as the Goods and Services Tax Compensation Cess Rules, 2017, as framed under the Act. The verdict was delivered by a Bench comprising Justice AK Sikri and Justice Ashok Bhushan. Extra-judicial Confession Of Accused Need Not Be Corroborated In All Cases [Ram Lal vs. State of Himachal Pradesh]The Supreme Court, while affirming the conviction of a bank’s peon accused of corruption, observed that extra-judicial confession of accused need not in all cases be corroborated and there is no requirement that each and every circumstance mentioned in the confession must be separately and independently corroborated.Leaders Of Outfits Calling For Mob Violence Liable For Damages: SC Issues Guidelines To Prevent Vandalism By Protesting Mobs [Kodungallur Film Society vs. Union of India]The Supreme Court issued comprehensive guidelines to control vandalism by protesting mobs in the case Kodungallur Film Society vs. Union of India. While issuing guidelines, the SC bench of CJI Misra, Justice A M Khanwilkar and Justice D Y Chandrachud, has taken cue from the guidelines issued to control mob lynching in Tehseen Poonawala case.Cheque Bounce Complaint Filed By Power Of Attorney Maintainable In Law, Reiterates SC [SK Tamisuddin vs. Joy Joseph Creado] The Supreme Court reiterated that a cheque bounce complaint filed by the Power of Attorney would be maintainable in law. In SK Tamisuddin vs. Joy Joseph Creado, the bench of Justice Ranjan Gogoi, Justice Navin Sinha and Justice KM Joseph reiterated the dictum in A.C. Narayanan vs. State of Maharashtra.Fraud Vitiates Solemn Proceedings And Such Plea Can Be Set Up Even In Collateral Proceedings [Satluj Jal Vidyut Nigam vs. Raj Kumar Rajinder Singh]Asserting the principle of fraud vitiates everything, the Supreme Court observed that fraud vitiates the solemn proceedings and such plea can be set up even in collateral proceedings immaterial of the label of proceedings.SC Relief To A Surgeon Who Was Sued For Negligence For Performing Conventional Surgery Instead Of Laparoscopic Surgery To Remove Gall Bladder [S.K. Jhunjhunwala vs. Dhanwanti Kumar]The Supreme Court on Monday set aside a National Consumer Disputes Redressal Commission (NCDRC) order against a surgeon that found him ‘negligent’ for performing conventional surgery and removed gall bladder even though there was no express consent of the patient.In A Situation Of Oligopsony, Parallel Pricing Simplicitor Wouldn’t Lead To The Conclusion That There Was Collusive Bid Rigging: SC The Supreme Court held that, whenever there is a situation of oligopsony, parallel pricing simplicitor would not lead to the conclusion that there was a concerted practice. Setting aside the Competition Commission of India orders against LPG cylinder suppliers, the bench comprising Justice AK Sikri and Justice Ashok Bhushan observed that, in such a scenario, there has to be other credible and corroborative evidence to show that in an oligopoly, a reduction in price would swiftly attract the customers of the other two or three rivals, the effect upon whom would be so devastating that they would have to react by matching the cut.Date Of Joining Irrelevant In Fixing Seniority Of Direct Recruits; SC Recasts Seniority List Of Punjab Judicial Officers The Supreme Court recast the seniority list of Punjab Superior Judicial Officers by acting on an appeal filed by the Punjab & Haryana High Court. The appeal was filed against the decision of the Punjab & Haryana High Court which interfered with the seniority list drawn by the High Court on its administrative side.Stage Of Ineligibility Attaches When The Resolution Plan Is Submitted By A Resolution Applicant; 270 Days Time Limit For Completion Of Insolvency Resolution Process Mandatory [Arcelormittal India Private Limited vs. Satish Kumar Gupta]The Supreme Court, interpreting Section 29A(c) of the Insolvency and Bankruptcy Code, 2016, observed the stage of ineligibility attaches when the resolution plan is submitted by a resolution applicant and not any anterior stage. The bench comprising Justice Rohinton Fali Nariman and Justice Indu Malhotra also held that the time limit for completion of the insolvency resolution process as laid down in Section 12 is mandatory and it cannot be extended beyond 270 days.Nativity Can’t Be Sole Basis: SC Upholds Guidelines Issued By HC For Allocation Of Subordinate Judicial Officers In Telangana [Telangana Judges Association V. Union of India]The Supreme Court, while upholding the modified guidelines issued by the high court for an allocation of Subordinate Judicial Officers in Telangana, observed that nativity cannot be the sole basis for allocation and the seniority in a service is a valuable right of an employee ...

Supreme Court Weekly Round-Up

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