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 Follow
The 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 Case
The 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 Lawyer
The 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 Records
The Supreme Court again directed the Registrars General of all High Courts to furnish the translation of the Original Records in English language from vernacular language wherever required, while transmitting the original records.
Plea Against Social Media Hubs: SC Gives Two Weeks’ Time For Petitioner To Furnish Materials To Support Her Claim
The Supreme Court bench headed by Chief Justice Ranjan Gogoi on Thursday granted two weeks’ time to Trinamool Congress MLA Mahua Moitra to furnish evidentiary materials in support of her claims that the endeavour of the Centre to monitor various social media platforms to gauge the response to the Aadhaar project amounts to unwarranted surveillance.
SC To Hear Review Petitions In A Death Sentence Case Afresh; Recalls 2012 Order
The Supreme Court recalled a 2012 order by which it had dismissed review petition against a judgment confirming death penalty. The bench comprising Justice Kurian Joseph, Justice AM Khanwilkar and Justice DY Chandrachud passed this order while considering the convict’s request for shifting him from Nagpur Central Jail to Aurangabad. It directed the authority to consider his request within four weeks.
Fighting Couple Says Sorry To Each Other, SC Allows Them To Part Ways
The Supreme Court bench headed by Justice Kurian Joseph is continuing its efforts to put quietus to litigations by persuading parties to settle the issues, instead of clinging on with cases against each other. The bench directed the parties to move a formal application under Section 13B of the Hindu Marriage Act, 1955 for Court for dissolution of marriage.
Malegaon Blasts: SC Asks Bombay HC To Decide Shrikant Purohit’ Plea On Validity Of Sanction For His Prosecution Under UAPA
The Supreme Court bench of Chief Justice Ranjan Gogoi and Justices S. K. Kaul and K. M. Joseph on Monday asked the Bombay High Court to consider the question of the validity of the sanction for the prosecution of Lieutenant Colonel Shrikant Purohit under the Unlawful Activities Prevention Act (UAPA) in connection with the Malegaon blasts. The bench was hearing the SLP preferred against the October 29 order of the High Court refusing to stay the proceedings before the National Investigation Agency (NIA) court in the interim.
SC Dismisses PIL Seeking Use Of Ballot Papers In Assembly, LS Polls
The Supreme Court Thursday dismissed a PIL seeking use of ballot papers instead of EVMs during upcoming assembly and Lok Sabha polls. A bench headed by Chief Justice Ranjan Gogoi did not agree with the contention of NGO ‘Nyay Bhoomi’ that electronic voting machines are capable of being misused and they should not be used in the polls to ensure free and fair elections.
SC Refuses To Entertain PILs Seeking FIR Based On #MeToo Revelations
The Supreme Court on Monday refused to entertain PILs filed by two lawyers seeking registration of FIRs based on allegations of sexual misconduct and assault leveled by women across various sectors during the #MeToo movement.
Early Hearing On Plea By Kerala MLA KM Shaji Challenging His Disqualification Declined
The Supreme Court Thursday declined urgent hearing on a plea by Indian Union Muslim League legislator K M Shaji, challenging his disqualification by the Kerala High Court on the ground that he made communal remarks in the run-up to the assembly polls in the state in 2016.
SC Recalls Its 2006 Order That Dismissed ‘In Limine’ a SLP Against Imposition Of Death Sentence In A Kidnap Cum Murder Case
Last week, the Supreme Court recalled an order it passed twelve years ago by which it had dismissed in limine a special leave petition challenging imposition of capital punishment in a kidnap cum murder case.
CBI Vs CBI: CJI Expresses Displeasure Over Leak Of Alok Verma’s Confidential Reply To CVC Report
The Supreme Court bench of Chief Justice Ranjan Gogoi and Justices S. K. Kaul and K. M. Joseph adjourned to November 29 the hearing on the pleas by CBI Director Alok Verma and NGO Common Cause challenging the October 23 orders of the CVC and the Central government sending Verma on leave and handing over the interim charge of the agency to Mr. Nageshwar Rao.
2002 Gujarat Riots: SC To Hear Zakia Jafri’s Plea Challenging Clean Chit To Narendra Modi On November 26
The Supreme Court on Monday adjourned to next week the hearing in the SLP preferred by Zakia Jafri, wife of former MP Ahsan Jafri, who was killed in the 2002 Godhra riots, challenging the Gujarat High Court judgment upholding the clean chit to then Gujarat Chief Minister Narendra Modi and Others in connection with the genocide.
Not Getting Job Due To Pendency of Criminal Appeal For Last 10 Years: SC Asks MP HC To Expeditiously Dispose Of Criminal Appeal Filed By A Electronic Engineer-Cum-MBA Graduate
The Supreme Court has ‘requested’ the Madhya Pradesh High court to dispose of expeditiously a criminal appeal filed by a youth who is a qualified Electronic Engineer and MBA graduate.
‘A Parallel System In Jail?’ SC Asks Centre To Respond
“Just see how pathetic the condition of our jails is! They have not been whitewashed in years, no sewage disposal, taps are leaking!”, exclaimed Justice Madan B. Lokur on Thursday. The Supreme Court bench, also comprising Justice Deepak Gupta, expressed displeasure at the lack of video conferencing facilities in jails and juvenile homes and the alarming number of vacancies in Forensic Science Laboratories.