Supreme Court Weekly Round Up- November 15 To November 21, 2021

JUDGMENTS THIS WEEK1. Tenants Ought To Be In Actual Possession Of Premises To Avail Benefit Of Section 9 Of TN City Tenants Protection Act: Supreme CourtCase Title: National Company, Represented by its Managing Partner v. The Territory Manager, Bharat Petroleum Corporation Ltd. And Ors. Civil Appeal No. 6726 of 2021] Citation : LL 2021 SC 647The Supreme Court this week reiterated that...

Crime Scene Photography/Videography- Supreme Court Directs Testing Of Delhi Police's Mobile App By Experts, Seeks Report Within 6 Weeks

Dealing with a 2018 matter, wherein the primary issue is related to utilizing technology in investigation into crimes, especially in having the crime scene photographed/videographed, the Supreme Court on November 18, directed for the testing of a Mobile App developed by Delhi Police, by experts.The Bench of Justice Uday Umesh Lalit and Justice S. Ravindra Bhat, further sought a report from...

Principles For Determining Claim Of Juvenility Under JJ Act : Supreme Court Explains

In a recently delivered judgment in the case Rishipal Singh Solanki versus State of Uttar Pradesh and others, the Supreme Court has summarized the principles relating to the determination of the claim of juvenility under the Juvenile Justice Act 2015.A bench comprising Justices DY Chandrachud and BV Nagarathna delivered the judgment while dismissing a challenging against the declaration of...

[Punjab Security Of Land Tenures Act] Civil Court Would Retain Jurisdiction In Cases Where the Landlord-Tenant Relationship Itself Is Disputed: Supreme Court

The Supreme Court has held that if the landlord-tenant relationship itself is disputed, the Civil Court would continue to have jurisdiction to look into the illegality of the eviction orders passed by the Revenue Court, despite the bar of Section 25 of the Punjab Security of Land Tenures Act, 1953 ("the Act"), whereby exclusive jurisdiction is conferred on the Revenue Court to, inter...

Juvenile Justice Act : Age Recorded By JJ Board Or CWC Deemed To Be True Age Of Accused - Supreme Court

The Supreme Court has held that for the purpose of the Juvenile Justice Act 2015, the age recorded by the Juvenile Justice Board or the Child Welfare Committee of the person so brought before it will be deemed to be the true age of the person.A Bench comprising Justice DY Chandrachud and Justice BV Nagarathna has made the observation while delivering its judgement in a plea challenging...

Plea In Bombay High Court Seeks Dismissal Of Sameer Wankhede From Civil Services For Alleged Fabrication Of SC Certificate

A petition filed in the Bombay High Court seeks dismissal of NCB Zonal director Sameer Wankhede from civil services for allegedly making false caste claims of belonging to the Scheduled Caste (SC) to secure a job with the central government. Sameer Wankhede was overseeing the cruise drugs case involving Shah Rukh Khan's son Aryan Khan - before allegations of extortion...

Retired Civil Servants Move Supreme Court Challenging Central Vigilance Commission (Amendment) Ordinance, 2021 Extending Tenure Of Director, ED

A Writ Petition had been filed before the Supreme Court challenging the extension of tenure of the Director, Enforcement Directorate (ED) upto 5 years vide the Central Vigilance Commission (Amendment) Ordinance, 2021 promulgated by the President of India on 14th November, 2021. Apart from this, the Petitioners have also assailed the office order issued by the Government of India, Ministry...

Accused Convicted For Separate Offence Arising Out Of Different Transaction In Separate Trials -Will the Sentences Run Concurrently? : SC To Decide

A Bench of Justices M.R.Shah and B.V.Nagaratha will consider the question whether in case of an accused there are separate offences and not arising out of the same transaction, whether the sentences imposed in both cases will run consequently or concurrently. The question arises in a case- Mohd Zahid v State- in appeal from impugned judgement of the Delhi High Court which had...

Employees' Compensation: " Reduction In Extent Of Disability On Ground That WHO Norms Are For Advanced Countries & Not India Is Not Sustainable" : Supreme Court

In a matter relating to reduction in compensation award Employees' Compensation Act, Supreme Court on Monday ( November 15th) observed that reducing the extent of disability on the ground that the WHO norms are for the advanced countries and not in respect of India, is patently not sustainable.A Bench comprising Justice Hemant Gupta and Justice Ramasubramanian made the observation with regard...

SMS Intimation To Candidate's Mobile Number Sufficient Communication For Selection Process : Supreme Court

The Supreme Court has rejected the argument of a candidate that the intimation given through SMS about physical fitness test and document verification is not sufficient. The Court noted that the SMS intimation was given in the mobile number furnished by the candidate."When a requirement is stated in the application to provide the mobile number, it is with a purpose to communicate and in...

[BREAKING] Aryan Khan Case : No Evidence For Conspiracy; Nothing Objectionable In WhatsApp Chats Suggesting Conspiracy, Says Bombay High Court In Bail Order

Prima facie there is no evidence on record to infer that Aryan Khan, his friend Arbaaz Merchant and Munmun Dhamecha conspired to commit offences under the Narcotics Drug and Psychotropic Substance Act, the Bombay High Court said in its detailed order granting bail to the trio in the cruise ship drug case. Justice Nitin Sambre had granted the trio bail on October 28, 2021. A detailed...

Plea In Supreme Court Seeks Sign Language Interpreters During Press Briefings By Ministers

A disability rights activist has moved the Supreme Court seeking directions to Centre and States to provide sign language interpreters during the press briefings by the Heads of States.A PIL has been filed seeking directions to have in-frame Sign language interpreter in all the official press briefings conducted by the Prime Minister, other Ministers of the Union Government, Chief Ministers...