Supreme Court Weekly Round-Up

Petition For Quashing FIR Can Be Entertained Even If Chargesheet Is Filed During Its Pendency [Anand Kumar Mohatta V. State [Govt. of NCT of Delhi) Dept. of Home & Affairs]The Supreme Court held that high courts could entertain a petition filed under Section 482 CrPC seeking quashing of FIR, even if the charge sheet is filed during the pendency of that petition. The bench comprising Justice SA Bobde and Justice L Nageswara Rao was considering an appeal against Delhi High Court judgment that had refused to quash the FIR filed against Anand Kumar Mohatta.Daily Wagers Entitled To Minimum Wages Applicable To Regular Employees Holding The Same Post [Sabha Shanker Dube V. Divisional Forest Officer]The Supreme Court on Wednesday reiterated that temporary employees are entitled to draw wages at the minimum of the pay scales which are applicable to the regular employees holding the same post. The bench allowed appeals filed by daily rated workers employed in Group ‘D’ posts in the Forest Department in Uttar Pradesh against Allahabad High Court judgment that had dismissed their pleas.Migrant Can’t Be Recognized As Scheduled Caste Of Migrant State, Even If Her Caste Is Recognised As SoThe Supreme Court reiterated that merely because in the migrant state the same caste is recognized as Scheduled Caste, the migrant cannot be recognized as Scheduled Caste of the migrant state. The bench comprising CJI Ranjan Gogoi, Justice Uday Umesh Lalit and Justice KM Joseph disposed of a reference by a two-judge bench made in 2013. Mandatory To Impose Fine Of Not Less Than Rs 1 Lakh For Offence U/s 55 (1) of Kerala Abkari Act [Santosh @ Santosh Kumar V. State of Kerala]The Supreme Court held that it is mandatory to impose a fine of not less than Rs 1 lakh on a person convicted under Section 55 (1) of the Kerala Abkari Act. The bench comprising Justice Abhay Manohar Sapre and Justice Indu Malhotra was considering an appeal filed by Santosh Kumar against conviction under Section 55 (a) of the Abkari Act. The high court had modified the sentence awarded by the trial court by reducing jail sentence from 5 years to 3 years and maintained the imposition of fine amount of Rs 1 lakh.Mining: Environmental Clearance Can’t Have Any Retrospective Effect [Common Cause V. Union of India & Ors.] While considering the Central Empowered Committee (CEC) report on illegalities involved in the mining lease of Sarda Mines Private Limited (SMPL), the Supreme Court reiterated that environmental clearance cannot have any retrospective effect and it is operational from the date it is granted.If Observations Made By This Court Has Demoralised Indian Army, Paramilitary Forces and Manipur Police, It Is Suggestive Of Weakness In Them [Extra-Judicial Execution Victim Families Association v. Union of India]The Supreme Court bench comprising Justice Madan B Lokur and Justice Uday Umesh Lalit dismissed a plea seeking their recusal from Manipur fake encounter cases. These applications were filed in the writ petitions preferred by some police personnel of Manipur Police seeking quashing of certain oral observations made by the bench. It was also sought that the bench should recuse from hearing these writ petitions which should be placed for consideration before another bench. In Extra-Judicial Execution Victim Families Association v. Union of India, the Supreme Court had ordered the constitution of special investigation team comprising CBI officers and ordered the registration of First Information Reports and investigations into the alleged extra-judicial killings in Manipur. The case is presently being investigated by the SIT.Courts Should Desist From Passing Interim Orders Directing Provisional Admissions Of Students [Tamil Nadu Dr. MGR Medical University V. SVS educational and social Trust]The Supreme Court on Monday, while setting aside a Madras High Court order, reiterated that courts should desist from passing interim orders directing provisional admissions of students. Dharamshala Cricket Stadium ‘Scam’: SC Quashes FIR Against BJP MP Anurag Thakur [Himachal Pradesh Cricket Association V. State of Himachal Pradesh & Ors.]The Supreme Court quashed FIR against BJP MP Anurag Thakur and others alleging irregularities in granting land on lease for construction of Dharamshala cricket stadium. The bench comprising Justice AK Sikri and Justice Ashok Bhushan allowed the appeals writ petition filed by the Himachal Pradesh Cricket Associations and Anurag Thakur, setting aside the Himachal Pradesh High Court order that had refused to quash the FIR.Filing of Fresh SLP Against Self-Same Judgment Isn’t Permissible If No Such Liberty Was Granted In The Order In Earlier SLP [U. P. Jal Nigam & Ors. V. Ajit Singh Patel & Ors.]The Supreme Court observed that filing of fresh special leave petition against the self-same judgment is not permissible if no such liberty was granted by the court while disposing of earlier SLP.What More Documents Could Have Been Filed To Prove The...

Supreme Court Weekly Round-Up

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