Supreme Court Monthly Digest (January 2016)

1. Motor Accident Claims; SC cautions Courts against Hyper Technical approachThe Supreme Court restated its earlier position in Mantoo Sarkar vs. Oriental Insurance Company Limited (2009) 2 SCC 244 regarding territorial jurisdiction of Motor Accident Claims Tribunal. Apex Court Bench of Justices Anil R. Dave and Adarsh Kumar Goel held that there is no bar to a claim petition being filed at...

Maintain sanctity of Constitution of India ; President Pranab Mukherjee to Governors

The President of India, Shri Pranab Mukherjee opened the 47th Conference of Governors at Rashtrapati Bhavan today (February 9, 2016). The Conference is being attended by Twenty-three Governors and Two Lt. Governors of the States and Union Territories.In his opening address at the Conference, the President said our nation has grown from strength to strength since independence. It is primarily...

Bollywood Actor Govinda agrees to apologize and pay 5 lakh compensation to the fan he slapped in 2008

Bollywood Actor Govinda informed the Supreme Court on Tuesday that he is willing to offer an unconditional apology and Rs 5 lakh as compensation to a fan he had slapped while shooting for a film in Mumbai in 2008.The Court has asked Govinda to meet the victim in person within two weeks.  “What did we tell you on the last hearing. We had asked you to meet him and sort it out. Whatever you...

SC sets up three member panel to scrutinize functioning of Consumer Protection forums and suggest remedial measures

A three Judge Bench of the Supreme Court of India has reportedly appointed a high-level committee to carry out a nine-point scrutiny of the functioning of the Consumer Protection Courts and suggest remedial measures.The Bench, comprising Chief Justice T.S. Thakur, Justice A.K. Sikri and Justice R. Banumathi has appointed a three member panel comprising former Supreme Court Judge Arijit...

Transgenders are eligible for interview and recruitment for post reserved for female candidates: Madras HC

In a recent order, Madurai Bench of Madras High Court directed Dindigul Collector and Municipality to accept a transgender’s application for a job as a noon meal organizer, a position which is reserved for women candidates.Justice Puspha Sathyanarayana observed that providing employment opportunities to the transgenders would go a long way in uplifting their social status. “The court is...

TRAI favors Net Neutrality, releases regulations against discriminatory tariffs [Read Full Text]

In a big win for net neutrality, Telecom Regulatory Authority of India has issued the Prohibition of Discriminatory Tariffs for Data Services Regulations, 2016, that disallow service providers to offer or charge discriminatory tariffs for data services on the basis of content being accessed by a consumer. The move is a big blow to Facebook’s controversial ‘Free Basics’ platform...

Women Empowerment is the Need of the Hour; Supreme Court [Read Judgment]

A two Judge Bench of the Supreme Court Today in Richa Mishra v. State observed that Women in this world, and particularly in India, face various kinds of gender disabilities  and  discrimination, and Women empowerment is the need of the hour.The Bench comprising of Justices A.K.Sikri and Justice A.M.Sapre was hearing an Appeal filed by one Richa Sharma who was denied the post of...

Supreme Court Weekly Round-Up

Public Prosecutor is not a post officeThe Supreme Court of India observed that Public Prosecutor is not supposed to act as a post office and he is expected to remember his duty to the Court as well as his duty to the collective. Public Prosecutor in terms of the statutory scheme laid down under the CrPC plays an important role. He is supposed to be an independent person. While filing...

Sabarimala Temple row: Kerala Govt. supports ban on entry of women, says decision of priest final in matters of worship [Read Affidavit]

In an additional affidavit filed before the Apex Court, the Kerala Government has taken the stand that entry of women between the age of 10 and 50 in the Sabarimala Ayyappan temple is a matter of religion and that the decision of the priests is final in such matter. It further submitted that the restriction is in line with the unique “pratishta sangalp” or idol concept of the temple, and...

Office of a Public Prosecutor is not a Post Office, he should apply his mind and take independent decision on withdrawal of Prosecution; SC

The Supreme Court of India observed that Public Prosecutor is not supposed to act as a post office and he is expected to remember his duty to the Court as well as his duty to the collective. Public Prosecutor in terms of the statutory scheme laid down under the CrPC plays an important role. He is supposed to be an independent person. While filing an application for withdrawal of Prosecution,...

OK with passive euthanasia; draft bill soon: Centre tells SC

In a big U-turn, the Centre has told a constitution bench of the Supreme Court that it is examining Law Commission's report favouring legalising of passive euthanasia, allowing terminally ill persons the right to refuse essential artificial medical support system if they do not want to prolong the agony, with certain safeguards and a bill in this regard will be drafted soon.It is to be...

Court can't test validity of Personal Law: Muslim group to Supreme Court [Read Petition]

The Supreme Court today allowed the Jamiat Ulama-i-Hind to become a party in a suo motu PIL instituted  to consider gender discrimination suffered by Muslim women owing to "arbitrary divorce and second marriage of their husbands during the currency of their first marriage".The organisation contended that the court cannot test the validity of personal law. The court also issued notices to...