Supreme Court Weekly Round Up

A Dying Declaration Is Not Invalid Merely Because It Was Not Certified By A Doctor [Poonam Bai V. State of Chhatisgarh] The Supreme Court acquitted a convict by setting aside the judgment of the High Court of Chhattisgarh which had convicted her for murder, after finding lacunae in the dying declarations. Considering the appeal, the bench of Supreme Court comprising...

Courts Cannot Decide Eligibility And Essential Qualifications For Employment: SC [Read Judgment]

“If the language of the advertisement and the rules are clear, the Court cannot sit in judgment over the same.”

Reports About Justices Nariman And Chandrachud Meeting Justice Bobde Wholly Incorrect, Says SC Secretary General

The Supreme Court, in a press release, said that the reports of Justice RF Nariman and Justice DY Chandrachud meeting Justice SA Bobde, is incorrect.The statement reads:"It is most unfortunate that a leading Newspaper has chosen to state that Justice RF Nariman and Justice DY Chandrachud together met Justice SA Bobde on Friday Evening i.e. on 3rd May 2019. This is wholly incorrect."The...

No Relief For Those Who Slept Over Their Rights: SC Upsets Employee's Attempt To Correct DoB In Service Records [Read Order]

No relief for those who slept over their rights, the Supreme Court has made it clear while upsetting orders of the Labour court and the High Court which had allowed an employee to change his date of birth in service records. Laxman was employed with Kirloskar Brothers Ltd. His date of birth recorded in service book was 01.01.1956. In the year 2003, he claims to have sent a...

Don't Probe Sexual Harassment Allegations Against CJI In The Absence Of Complainant : Justices Chandrachud, Nariman

[UPDATE : The report of Justices Chandrachud and Nariman both meeting Justice Bobde has been denied as false by a later press statement issued by the SC Secretary General]Supreme Court judges Justices D Y Chandrachud and R F Nariman have expressed their objections regarding the decision of the inquiry panel headed by Justice Bobde to proceed ex-parte to probe the sexual harassment...

Mere Summary Disposal Of SLP Does Not Conclude The Issue On Merits: SC [Read Judgment]

"It is well settled that mere summary disposal of a Special Leave Petition does not conclude the issue on merits.”

Rafale: "Monitoring Of Progress by PMO Cannot Be Construed As Interference Or Parallel Negotiations.", Centre Tells [Read Reply Affidavit]

"Monitoring of the progress by the PMO of this Government to Government process cannot be construed as interference or parallel negotiations."

Limitation Act Applicable To Suits, Appeals, Application Filed In Courts, Not Before Statutory Authorities: SC [Read Judgment]

However, a special or local law can very well provide for applicability of any provision of Limitation Act or exclude applicability of any provision of Limitation Act.

Giving Preference To Male Child Is Against Constitutional Duty To Renounce Practices Derogatory To Women's Dignity: SC [Read Judgment]

"Nothing can be more sinister, immoral and anti-­social act [than] allowing female foeticide."

SC Upholds Constitutionality Of Section 23 Of PCPNDT Act, Complete Contents Of Form 'F' Mandatory [Read Judgment]

"Non maintenance of record is spring board for commission of offence of foeticide, not just a clerical error."

SC Stays Trial In Malayalam Actor Sexual Assault Case To Decide Whether Memory Card Is A 'Document'

The Supreme Court today stayed the trial in the criminal case in which Malayalam cine actor Dileep is accused of hatching the conspiracy behind the abduction and sexual assault of an actor in February 2017.The bench of Justices A M Khanwilkar and Ajay Rastogi has posted the matter in July, after the summer vacations.Dileep had petitioned the Supreme Court in January seeking the handing over...

SC To Consider On May 10 Plea For Consecutive Sentence To Convicts Under UAPA, PCA, PMLA, Benami Property Laws

The Supreme Court today agreed to hear on May 10 a petition seeking direction to award consecutive sentence, instead of concurrent sentence to those convicted under the Unlawful Activities (Prevention) Act, 1967, Prevention of Corruption Act, Prevention of Money Laundering Act, Foreign Contributions Regulation Act, Prohibition of Benami Property Transaction etc.The Petition, filed by BJP...