Supreme Court Weekly Round-Up

SLP Against Death Sentence Shall Not Be Dismissed Without Giving Reasons [Babasaheb Maruti Kamble V. State of Maharashtra]The Supreme Court held that Special Leave Petitions filed in those cases where death sentence is awarded by the courts below, should not be dismissed without giving reasons, at least qua death sentence.It’s Not Arbitration If Jurisdiction Of The ‘Designated Officer’ Can’t Be Invoked By Both Parties To The Dispute, Says SC [South Delhi Municipal Corporation V. SMS AAMW Tollways Pvt. LTd.]The Supreme Court observed that if jurisdiction of a designated officer mentioned in the agreement cannot be invoked by both parties to the dispute, such an officer is not intended to be an arbitrator.Chartered Accountants Can Be Proceeded Against For Their Acts Which Brings Disrepute To The Profession Whether Or Not Related To His Professional Work [Council Of The Institute Of Chartered Accountants Of India V. Shri Gurvinder Singh & Ors.]The Supreme Court observed that the chartered accountants can be proceeded against for their acts which bring disrepute to the profession whether or not related to his professional work. The bench comprising Justice Rohinton Fali Nariman and Justice Navin Sinha was considering appeal filed by the Council Of The Institute Of Chartered Accountants Of India against a high court order that rejected its recommendation to remove a chartered accountant for a period of six months from the rolls. ‘A Rebel Without Cause’, SC Slams Delhi BJP President Manoj Tiwari Over Sealing Drive, Closes Contempt Proceedings [M. C. Mehta V. Union of India &Ors.]Even as the Supreme Court stopped short of holding Delhi BJP President Manoj Tiwari in contempt for openly breaking the lock on a premise sealed by the East Delhi Municipal Corporation for housing an illegal dairy, the bench headed by Justice Madan B. Lokur stated that it is “extremely pained by the machismo and brazen manner in which Tiwari took the law into his own hands”.Section 319 CrPC: Courts Cannot Mechanically Summon Persons As Accused Not Named In Charge-Sheet Just Because A Witness Named Them, Says SC [Labhuji Amratji Thakor vs. State of Gujarat]The Supreme Court held that merely because a court has power under Section 319 of the Code of Criminal Procedure to proceed against any person who is not named in the F.I.R. or in the Charge Sheet, it does not mean that whenever in a statement recorded before the Court, name of any person is taken, the Court has to mechanically issue process under Section 319 Cr.P.C.SC Sets Aside Madras HC Order Awarding 196 Marks To Those Who Took NEET Exam In Tamil [The Central Board of Secondary Examination V. T. K. Rangarajan & Ors]The Supreme Court of India set aside a Madras High Court judgment that directed the Central Board of Secondary Examination (CBSE) to award 196 marks to candidates who wrote this year National Eligibility Cum Entrance Test (NEET) in Tamil.SC Upholds MP HC Judgment Invalidating State Bar Council Election To The Post of Representative To BCI [Pratap Mehta V. Sunil Gupta & Ors.]The Supreme Court upheld the Madhya Pradesh High Court order that invalidated the election conducted by the State Bar Council in 2014 to the post of representative in the Bar Council of India. SC Commutes Death Sentence, Acquits Murder Convict Of Rape Charges; Says Reasoned Order Will FollowThe Supreme Court on Wednesday commuted death penalty imposed on a man accused of rape and murder of an eight year old girl in Rajasthan. Reasoned order will follow, said the bench comprising of Justice NV Ramana, Justice Mohan M. Shantanagoudar and Justice MR Shah holding that it is not a fit case where extreme penalty of death can be imposed on the accused.SC Commutes Death Penalty In Kidnap-Cum-Murder CaseThe Supreme Court last week ‘altered’ death sentence awarded to a murder convict to ‘life imprisonment’. The bench of Justice NV Ramana, Justice Mohan M Shantanagoudar and Justice MR Shah set aside the death penalty imposed on Swapan Kumar Jha in a short order stating that a reasoned order will follow.Employee Has Right To Resign, Subject To Stipulations In Service Rules: SC Relief To Ex-Employee Of Air India The Supreme Court held that it is the right of an employee to resign and he cannot be forced to serve in case he is not willing until and unless there is some stipulation in the rules or in the terms of appointment or disciplinary proceedings is pending or contemplated which is sought to be avoided by resigning from the services.Primary Duty Of Lawyer Is To Disclose All Material Facts Before Obtaining Any Order From The Court; SC Pulls Up LawyerThe Supreme Court bench of Justice Rohinton Fali Nariman and Justice Navin Sinha on Monday came down heavily on a lawyer for suppressing the factum of an earlier order.All The Proceedings In SC Shall Be Done In English Language: SC (Again)Directs All High Courts To Furnish English Translation Of Original RecordsThe Supreme Court again directed the Registrars General...

Supreme Court Weekly Round-Up

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