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 or officer.
Child Marriage Prohibition Act Is A Secular Law,Personal Law Can’t Stand In The Way Of It’s Implementation
The Supreme Court bench of Chief Justice Ranjan Gogoi, Justice Sanjay Kishan Kaul and Justice K. M. Joseph on Wednesday directed to implead the States in a PIL by NGO Independent Thought regarding the implementation of the Prevention of Child Marriage Act of 2006.
SC Allows Married Couple To Part As Friends; Waives Cooling-Off Period
The Supreme Court waived the cooling-off period to grant divorce to a couple who agreed to part as friends. The bench comprising Justice Kurian Joseph and Justice Sanjay Kishan Kaul said: “Both, the husband and the wife are present before us, who are well educated. We had a long interaction with them. We are convinced that they have taken a conscious decision to part as friends.”
Rehabilitation Homes For Mentally Ill Persons: SC Seeks Status Report From States And UTs
The Supreme Court on Wednesday sought reports within two weeks from state governments and Union Territories on the status of setting up rehabilitation homes for people with mental illness.
SC Grants Interim Relief To Law Student Who Was Denied Attendance Relaxation For Pregnancy By Delhi HC
The Supreme Court on Friday granted interim relief to a student of the L.L.B. course of Faculty of Law, University of Delhi (DU), who had missed college due to her pregnancy. The Bench comprising Justice Kurian Joseph and Justice AM Khanwilkar issued notice to DU, while permitting her to attend classes for the next semester.
24 Yrs After Causing Loss Of Rs 38K, Bank Peon’s Conviction Upheld By SC
Twenty-four years after a bank’s peon, who doubled as cash clerk due to shortage of staff, was held for corruption and causing wrongful loss of Rs 38,500 to the bank, the Supreme Court on Wednesday upheld his conviction but reduced his jail term from a cumulative five years to three years. A bench of Justice R Banumathi and Justice Indira Banerjee upheld the conviction of Ram Lal while holding that “there is no merit in the contention of the appellant that in the absence of office order authorising him to perform the clerical work, he cannot be held responsible”.
Plea Alleging Faulty Hip Implants by Johnson & Johnson Into The Bodies Of 14,525 Indian Patients: SC Seeks Centre’s Response
The Supreme Court Friday sought the Centre’s response on a plea alleging that “faulty” and “deadly” hip implants, made by US-based pharma major Johnson and Johnson, have been fitted into the bodies of 14,525 Indian patients. A bench comprising Chief Justice Ranjan Gogoi and Justices S K Kaul and K M Joseph asked the Union Ministry of Health and Family Welfare to apprise it within two months about the actions, if any, taken after an expert committee found the pharma firms guilty of “medical negligence”.
SC Upholds the Appointment Of 66 Kerala Munsiff Magistrates From 2013 List
The Supreme Court held that the Kerala High Court was justified in making appointments of 66 munsiff magistrates selected pursuant to the advertisement issued in the year 2013 which was followed by an unpleasant situation as adequate number of Gram Nyayalayas had not been established in the state for selected candidates to be appointed to.
SC Rejects Plea To Reduce Time For Filing Of Accounts Of Election Expenses
The Supreme Court bench of Chief Justice Ranjan Gogoi, Justice S. K. Kaul and Justice K. M. Joseph on Wednesday dismissed a PIL seeking a direction to the government of India to heed the Election Commission’s proposal and take steps to reduce the time period for filing the accounts of election expenditure by contesting candidates so that more time is available for analysing the same.
SC Stays Initiation Of Contempt Proceedings Against Chairman Of Bihar School Education Board By Patna HC
The Supreme Court, on Wednesday, stayed the suo motu contempt proceedings initiated by the Patna High Court against Mr. Anand Kishore, Chairman of the Bihar School Education Board (BSEB). The Bench comprising Justice AK Sikri and Justice Ashok Bhushan also issued notice on the petition challenging this order. The petitioner board was resented by Senior Advocate Ranjit Kumar and Advocates Gopal Singh, Manish Kumar and Shivam Singh.
Sexual Abuse At Shelter Homes: Existing Mechanism Not Adequate To Deal With Problem: SC Summons Joint Secretary Of MWCD
The Supreme Court Thursday said the existing mechanism was “not adequate” to curb incidents of sexual abuse of children and girls at shelter homes and asked the Ministry of Women and Child Development (MWCD) to apprise it on the formulation of a child protection policy.
SC Dismisses Plea For Fresh Probe In Kathua Case
The Supreme Court Friday dismissed a plea by an accused in the sensational Kathua gang rape and murder case seeking fresh investigation in the matter on grounds that the probe was allegedly motivated. A bench of Justices U U Lalit and D Y Chandrachud also rejected a separate plea filed by two other accused in the case seeking transfer of the investigation in the matter to an independent agency.
SC Denies Bail To Abhijit Iyer Arrested For Remarks On Konark Temple
The Supreme Court on Thursday refused to grant bail to Odisha-based journalist Abhijit Iyer Mitra, who has been accused of making derogatory remarks on the Sun Temple in Konark, Odisha. A bench headed by Chief Justice Ranjan Gogoi dismissed the plea of Mitra and observed that he “incited religious sentiments”.
SC Dismisses Plea Against Arrest Of Ex- IPS officer Sanjiv Bhatt In 22Yr Old Drug Planting Case
The Supreme Court bench headed by Chief Justice Ranjan Gogoi on Thursday dismissed the plea on behalf of former Gujarat cadre IPS Officer Sanjiv Bhatt’s wife challenging his arrest in relation to a 1996 drug planting case. The bench, also comprising Justices S. K. Kaul and K. M. Joseph, did not deem it appropriate to intervene at this stage, despite the matter having been in cold storage for several years, in view of the “highly contentious facts” involved.
SC Dismisses Plea Against Deportation 7 Rohingya Refugees To Myanmar
The Supreme Court bench headed by Chief Justice Ranjan Gogoi on Thursday dismissed an interim application seeking a stay on the proposed deportation of 7 Rohingya refugees to Myanmar. The bench, also comprising Justices S. K. Kaul and K. M. Joseph, attached weight to the Centre’s submission that the concerned refugees have been found to be illegal immigrants.