Supreme Court Weekly Round-Up

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 So

The 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 Accident: SC Relief To Family Of A Man Who Died In Mishap [Vimla Devi & Ors. V. National Insurance Company Ltd.]

Fifteen years after a man died in an accident, his family got the compensation from the Supreme Court, which reversed the concurrent findings of the high court and the Motor Accidents Claims Tribunal that the accident could not be proved. What more documents could be filed than the documents filed by the claimants to prove the factum of the accident, asked the Supreme Court bench comprising Justice Abhay Manohar Sapre and Justice Indu Malhotra while allowing an appeal against the dismissal of claim petition.

Application for Enforcement of Foreign Award Shall Not Be Dismissed Merely For Non-Production of Requisite Documents ‘At The Time Of Application’ [P.E.C. Limited vs. Austbulk Shipping SDN BHD]

The Supreme Court held that, at the initial stage of filing of an application for enforcement of a foreign award, non-compliance of the production of the documents mentioned in Section 47 of the Arbitration and Conciliation Act shall not entail in dismissal of the application for enforcement of an award.

Conviction For Contempt Against Advocate Over FB Post: SC Sets Aside P&H HC Order, Says It Wasn’t A Case For Contempt Action

Almost six months after the Punjab and Haryana High Court sentenced an advocate to one-month imprisonment for his contemptuous conduct in criticising a judge on Facebook, the Supreme Court held that it was not a case where contempt action should have been taken in the first place.

SC Dismisses Plea To Establish Permanent Bench Of The High Court Of Allahabad For Western Uttar Pradesh

The Supreme Court on Tuesday dismissed a plea seeking establishment of a permanent Bench of the High Court of Allahabad for Western Uttar Pradesh. It cannot be the subject matter of judicial determination and directions, said the bench comprising of CJI Ranjan Gogoi, Justice Sanjay Kishan Kaul and Justice KM Joseph dismissing the writ petition filed by NGO- Fight for Human Rights.

Justice R Banumathi & Justice Indira Banerjee Differ Over Issuance Of Notice In SLP

A Supreme Court bench comprising Justice R Banumathi and Justice Indira Banerjee expressed divergent views on whether to issue notice in a special leave petition filed against a Bombay High Court judgment. The bench was considering the SLP filed by Dhanada Corporation Limited against the high court order that had dismissed their appeals challenging proceedings under the Maharashtra Protection of Interest of Depositors (In Financial Establishments) Act, 1999 before the Sessions Judge, Aurangabad.

 SC Relief To Couple Who Pleaded Guilty For Marrying Off Their Under-Age Kids

The Supreme Court recently set aside a high court order to conduct de novo trial under the Prohibition of Child Marriage Act, 2006 against a couple who were convicted by the trial court under the Child Marriage Restraint Act, 1929 for marrying off their under-aged son and daughter.

Supreme Court Dismisses Plea Alleging Custodial Torture Of Key Kathua Rape-Murder Case Witness

The Supreme Court dismissed a plea claiming that a key witness in the sensational Kathua gang rape-and-murder case was allegedly tortured in custody by the Jammu and Kashmir Police in connection with a separate rape case. A bench comprising justices A M Khanwilkar and Deepak Gupta rejected the petition filed by a close relative a key witness in the Kathua case, on the ground that the petitioner failed to appear before it despite the court’s order.

 SC Allows ‘Moderate’ Fireworks In Ujjain On The Occasion Of Vaikunth Chaturdashi, But With Time Restrictions

The Supreme Court permitted the fireworks on the occasion of Vaikunth Chaturdashi in Ujjain City on 21.11.2018 between 11:00 p.m. on November 21 and 1:00 a.m. on November 22.

 SC Suspends Conviction Of Cong Leader Hopeful Of Getting Ticket For Contesting Rajasthan Assembly Polls

The Supreme Court on Wednesday suspended conviction of a Congress leader in Rajasthan who is hopeful to get a ticket for contesting the forthcoming Legislative Assembly Election in the state.

SC Slams UP Govt. For Negligent And Lackadaisical Approach In Contesting Criminal Cases Against Accused

The Supreme Court came down heavily on the state of Uttar Pradesh for its negligent and lackadaisical approach in contesting cases against the accused in criminal appeals.

SC Agrees To Hear Sabarimala Review Petitions In Open Court On January 22, No Stay On Judgment

A Supreme Court bench of Chief Justice Ranjan Gogoi and Justice RF Nariman, Justice AM Khanwilkar, Justice DY Chandrachud and Justice Indu Malhotra on Tuesday decided to hear the review petitions against Sabarimala Judgment  in open Court on January 22.

 SC To Hear Plea By Sonia And Rahul Against Delhi HC Order Allowing Income Tax Re-assessment on December 4

The Supreme Court bench of Justices A. K. Sikri and Abdul Nazeer on Tuesday agreed to hear in detail on December 4 the petitions filed by Congress President Rahul Gandhi and his mother Sonia Gandhi challenging the Delhi High Court order of September 8 refusing to give them relief in a case of re-opening of their tax assessments for 2011-12.

SC Posts Review Petition In Death Penalty Case For Open Court Hearing

The Supreme Court posted for an open court hearing a review petition filed by a murder convict whose death penalty was affirmed by the court in 2013.

Should Employer Communicate “Downgrading Entry” To The Employee? SC Issue Notice In UoI’s Plea

The Supreme Court issued notice in a Special Leave Petition filed by Union of India to examine whether “downgrading entry” is required to be communicated by the employer to the employee concerned.

SC Issues Notice On Contempt Petition Against K’taka Civic Body Killing 350 Stray Dogs

The Supreme Court on Friday issued notice on a contempt petition moved by an animal rights activist against the killing of 350 dogs by the municipal council in Sakaleshapura Town, Karnataka, in violation of a November, 2015 order of the apex court which expressly directed all municipal bodies to strictly follow the Prevention of Cruelty to Animals Act and the Animal Birth Control Rules providing against catching or dislocating stray dogs.

 SC Relief For Accused Directed To Arrange 62 Sureties For Bail In 31 Cases

The Supreme Court recently came to the rescue of a man who had been asked to arrange for as many as 62 people as his sureties for bail in 31 cases. The Bench comprising Justice R. Banumathi and Justice Indira Banerjee directed the petitioner to execute a personal bond for Rs. 30,000 and said that this bond shall hold good for all 31 cases. It further ordered that two sureties must execute the bond for Rs. 30,000—for all 31 cases.

“If Your Client File One More Improper PIL , We Will Ban Him” :SC Dismisses Plea For Imposing Rs. 2,000 Upper Limit On Cash Donations To Political Parties

The Supreme Court bench of Chief Justice Ranjan Gogoi and Justice S. K. Kaul on Monday dismissed Advocate Ashwini Upadhyay’s plea seeking a direction to the Central Government to impose an upper limit of Rs. 2,000 per person per year on political donations in cash.

SC Declines Early Hearing Of Petitions On Ram Janmabhoomi-Babri Masjid Title Dispute Case

The Supreme Court on Monday declined early hearing of petitions in the Ram Janmabhoomi-Babri Masjid title dispute case. A bench comprising Chief Justice Ranjan Gogoi and Justice S K Kaul said it had already listed the appeals before the appropriate bench in January.

“Fantastic, A (former) Cabinet Minister Is Not Traceable”: SC Pulls Up Bihar Police For Its Failure To Arrest Manju Verma In Muzaffarpur Case

The Supreme Court Monday said it was “quite shocked” that the Bihar police was unable to trace and arrest former state minister Manju Verma, who had stepped down from the cabinet in the wake of the Muzaffarpur shelter home scandal, in a case related to alleged recovery of illegal ammunition from her. A bench of justices Madan B Lokur and Deepak Gupta summoned the Bihar director general of police (DGP) to explain why the state police had failed to trace the whereabouts of Verma and arrest her in connection with the case.

 Delay In Filling Judicial Vacancies: We shall Make State Governments, HCs And Public Service Commissions Accountable”,CJI

The Supreme Court on Thursday pulled the Delhi, Allahabad and Calcutta High Courts for their failure to fill efficiently and in a timely manner the alarming number of vacancies in the subordinate judiciary in the states.

Plea Seeking Recusal Of Judges Hearing Manipur Fake Encounter Cases Dismissed

The Supreme Court Monday dismissed a plea filed by some Manipur Police personnel seeking recusal of judges of the bench in Manipur fake encounter cases in which the CBI Special Investigation Team (SIT) is carrying out a probe. A bench comprising Justices Madan B Lokur and U U Lalit said that there was no reason for these policemen to doubt the SIT and the probe conducted by it in these cases.

 Plea To Make Rape Law [Section 375IPC] Gender Neutral: SC Refuses To Interfere

Supreme Court bench of Chief Justice Ranjan Gogoi and Justice Sanjay Kishan Kaul on Monday refused to interfere in a petition filed by Criminal Justice Society of India assailing Section 375 of the Indian Penal Code, 1860 on the ground that the Section is not gender-neutral.