Supreme Court Weekly Round- Up

Driver Holding LMV Licence Can Drive Transport Vehicle Of Such Class Without Any EndorsementIn an important judgment in the realm of Motor Vehicle Laws, the Supreme Court, in Mukund Dewangan vs. Oriental Insurance Company Limited, held that there is no requirement to obtain separate endorsement to drive transport vehicle, and if a driver is holding licence to drive light motor vehicle, he...

SC Directs Bihar And Jharkhand To Settle Their 13-Year Old “Trivial Non-Dispute” Over Delhi’s Bihar Niwas [Read Order]

The Supreme Court bench of Justices Madan B. Lokur and Deepak Gupta, on July 28, gave one more opportunity to the feuding States of Jharkhand and Bihar to settle their dispute over apportioning one of the Bihar Government’s guest houses, Bihar Niwas.The bench asked the Chief Secretaries of Bihar and Jharkhand to come to Delhi for a personal discussion with the Secretary in the Ministry of...

Court Bound To Explain Why Apology Tendered By Contemnors Can’t Be Accepted: SC [Read Judgment]

Apology is one of the defences in the case of a civil contempt, the bench said.While accepting the apology of a cop who was punished for contempt by the Punjab and Haryana High Court for arresting a man on anticipatory bail, the Supreme Court observed that the court is bound to explain as to why the apology tendered by contemnor should not be accepted.A bench comprising Justice Kurian Joseph...

Concurrent Findings Of Fact By Trial Court & Appellate Courts Binding On Supreme Court: SC [Read Judgment]

This court being the last court in hierarchy cannot disturb such concurrent findings while exercising power under Article 136 of the Constitution of India, the bench said.The Supreme Court, in Parminder Singh vs Gurpreet Singh, has observed that if there are concurrent findings of fact by the trial court, first and second appellate courts, such findings are binding on the Supreme Court.The...

Minority Institutions Have The Right To Appoint Qualified Person As Principal From The Community Ignoring Seniority [Read Judgment]

The Supreme Court recently held that minority educational institutions have absolute right to appoint qualified persons as Principal from the community ignoring seniority.“The emerging position is that, once the Management of a minority educational institution makes a conscious choice of a qualified person from the minority community to lead the institution, either as the Headmaster...

Legal Consultant Of A Corporation/Company Not Eligible To Apply For Judicial Service Exam: Gujarat HC (DB) [Read Judgment]

The Gujarat High Court, in Jalpa Pradeepbhai Desai vs Bar Council of India, has held that a legal consultant of a corporation is not eligible to apply for a judicial service examination.A division bench of Gujarat High Court comprising Chief Justice R Subhash Reddy and Justice Vipul M Pancholi made this observation while upholding a single bench judgment that a law graduate working as a...

Some Women Tend to Convert Consensual Sex Into Rape Post Breakup, Says Delhi HC [Read Judgment]

Some women use law as weapon for vengeance and personal vendetta and tend to convert consensual physical relations as an incident of rape may be out of anger and frustration after breakup thereby defeating the very purpose of the provision (making physical relations with false promise of marriage an offence), the Delhi High Court has remarked.Justice Pratibha Rani said so while emphasising...

88 Years Old Man Convicted Under Essential Commodities Act Seeks SC’s Mercy

The Supreme Court of India has been approached by an 88 year old man seeking its mercy against his conviction and sentence under the provisions of Essential Commodities Act.The Appeal, filed by one Mr. Madan Mohan Kabiraj, demands that he be given the benefit of the provisions of the Probation of Offenders Act, 1958.Mr. Kabiraj points out that the Essential Commodities Act prescribes a...

SC Issues Notice To Election Commission On A Petition Challenging Holding Of By-election When Remainder of The Term Is Less Than A Year

The Supreme Court bench of Justices J.Chelameswar and S.Abdul Nazeer, on Friday, issued notice to the Election Commission on an SLP filed by Nagaland Pradesh Congress Committee against the Gauhati High Court’s judgment permitting the Election Commission to hold a by-election to  10th Northern Angami-1 (ST) Assembly Constituency in Nagaland, which became vacant on May 24.  Subsequently,...

SC Junks Petition Challenging Sasikala Holding Party Post Despite Disqualification

The Supreme Court bench of the Chief Justice J.S.Khehar and Justice D.Y.Chandrachud, on Friday, dismissed a plea for issuance of a direction to the Election Commission to decide on a representation seeking to bar AIADMK General Secretary V K Sasikala from heading the party after her conviction and sentence of four years’ imprisonment in the disproportionate assets case.  She is now lodged...

SC Allows Plea For Termination Of 22-Week-Old Foetus Having Complex Neurological Condition [Read Order]

The Supreme Court has allowed termination of a 22-week foetus which has complex neurological condition called aqueductal stenosis and hydrocephalus.A bench of Justice Dipak Mishra and Justice AM Khanwilkar was hearing a writ petition filed by one Sonali Sandeep Jadhav.In an order dated July 24, 2017, the bench had directed petitioner’s examination by a medical board consisting heads of...

SC Directs Fresh Tender For Bulk Supply Of Drugs For Polio Vaccines [Read Judgment]

The Supreme Court, on Thursday, directed floating of fresh tender for supply of drugs for manufacture of polio vaccines, holding that the tender floated earlier stood vitiated due to violation of the guidelines issued by the Central Vigilance Commission (CVC).The Bench comprising Justice M.B. Lokur and Justice Deepak Gupta directed floating of an e-tender, in order to avoid the sort...