Supreme Court Weekly Round-Up

Doctrine Of Notional Extension Of Employment Applies When Accident Occurred While Deceased Workman Was In Workplace Not By His Own Choice [Leela Bai & Anr V. Seema Chouhan & Anr] Applying the 'doctrine of notional extension of the employment', the Supreme Court ordered employers to pay compensation to the legal heirs of a bus driver who had died in an accident while he was coming...

Move To Transfer Justice Muralidhar Deferred After Justice Sikri's Objection

There was a proposal to transfer Justice Muralidhar of Delhi High Court, which has been deferred as of now following objections by some members of the Supreme Court collegium, reported the Indian Express.The Indian Express reported that the move to transfer Justice Muralidhar was discussed twice in this three-member Collegium for postings and transfers in High Courts, in December and in...

No Ayodhya Case Hearing On 29th January Due To Non Availability Of Justice SA Bobde

The newly set up constitution bench will not hear the Ayodhya case on 29th January, 2019, due to non availability of Justice SA Bobde. On Friday, the Chief Justice of India Ranjan Gogoi had reconstituted the constitutional bench to hear Ayodhya case by replacing Justices UU Lalit and NV Ramana with Justices Ashok Bhushan and S. Abdul Nazeer. On 10th January, the court could not...

SC Directs States To Implement Reformative And Rehabilitation Programmes For Prisoners [Read Judgment]

"We direct the States to consider implementing the reformative and rehabilitation programmes contained in the 2016 Manual [Model Prison Manual of 2016]. In addition, it is open to the States to adopt any other correctional measures."

Death Sentence Only When The Alternative Option Is Unquestionably Foreclosed: SC [Read Judgment]

“There is no doubt that the murder involves exceptional depravity which is one of the aggravating circumstances. The manner of commission of the crime is extremely brutal. However, we are of the considered opinion that the Appellant does not deserve the sentence of death.”

SC issues Notice On A Plea Alleging"Communally Motivated Humanitarianism" Towards Illegal Migrants

The Supreme Court on Friday issued notice to the Centre and the Tripura government on a petition challenging the constitutional validity of the Passport (Entry into India) Amendment Rules, 2015 and The Foreigners (Amendment) Order, 2015, which naturalises illegal migration of Hindus, Sikhs, Buddhists, Jains, Parsis and Christians into India due to religious persecution in Bangladesh and...

No Vested Right To Out-of-Turn Promotions: SC Dismisses UP Cops' Plea [Read Order]

The Supreme Court on Tuesday dismissed plea of Uttar Pradesh police officers' seeking out-of-turn promotions for 'their credit acts of exemplary courage and valour while on duty'. In 1994, the UP Government had adopted a policy which visualised out-of-turn promotions to police personnel who had to their credit acts of exemplary courage and valour while on duty. This policy was terminated in...

SC To Hear Plea For CBI Probe In Kalburgi Murder Case On Feb 26

With a plea seeking a CBI probe into the murder of rationalist M M Kalburgi, the Supreme Court on Friday termed it a "very serious case" and said that it would hear the matter in detail on February 26. Noted scholar Kalburgi, 77, was killed at Dharwad in 2015. A bench of justices R F Nariman and Vineet Saran said that no parties will be given any adjournment. "This is a very serious...

SC Issues Notice On PUCL's Challenge Against Govt's Surveillance Powers Under IT Act And Telegraph Act

The Supreme Court on Friday issued notice on a PIL by the NGO PUCL challenging the surveillance powers of the State under section 5(2) of the Indian Telegraph Act read with Rule 419-A of the Indian Telegraph Rules of 1951. The petition also attacks the constitutional validity of section 69 of the Information Technology Act and the Information Technology (Procedures for Safeguards...

Judges Selection- Stipulations In The Advertisement Can Only Be Changed In Terms Of Statutory Rules:SC [Read Judgment]

The Supreme Court has observed that appointments to the post of judicial officers are to be made in terms of stipulations contained in the advertisement and such stipulations can only be changed in terms of statutory Rules. The Supreme Court was considering appeal against High Court Of Hyderabad For The State Of Telangana And State Of AP order in which it had held that the decision of...

Senior Advocate H S Phoolka, The Voice Of 1984 Riot Victims, Gets Padma Award

The Central Government has conferred Padma Shree award to Senior Advocate Harvinder Singh Phoolka, who spearheaded the legal battle to secure justice for the victims of the 1984 anti-Sikh riots.Last December, the Delhi High Court had reversed the acquittal of congress leader Sajjan Kumar for his involvement in the 1974 riots. Phoolka represented the complainant Jagdish Kaur in the case, who...

CIRP Under IBC Can Continue Independent Of Winding Up Petition Pending In High Court : SC [Read Judgment]

Corporate Insolvency Resolution Process(CIRP) under the Insolvency and Bankruptcy Code (IBC) can continue independent of any pending winding up process against the corporate debtor pending in the High Court under the Companies Act, held the Supreme Court in a judgment delivered on January 22 by a bench of Justice R F Nariman and Navin Sinha.This came in the case Forech India Ltd vs...