Supreme Court Weekly Round Up

Week Commencing August 3 to August 10, 2020

[Company Secretary] SC Issues Notice On Plea Against MCA Increasing Mandatory Limit For CS Appointment As Rs 10 Crores Paid Up Capital

The Supreme Court on Wednesday issued notice in a plea seeking declaration of the notification dated January 1 by the Centre and its subsequent enforcement w.e.f. 01.04.2020 as being ultra-vires and repugnant to the article 14, 19(1)(g) of the Constitution of India. The impugned notification issued by the Ministry of Corporate Affairs has enhanced the mandatory limit for engaging...

High Courts Are Duty Bound To Issue Writ Of Mandamus For Enforcement Of A Public Duty: SC [Read Judgment]

"In appropriate cases, in order to prevent injustice to the parties, the Court may itself pass an order or give directions which the government or the public authorities should have passed."

'Banks Not Passing Benefits Of Multiple Cuts In Policy Rates To Customers': Plea In SC Seeks Extension Of RBI Loan Moratorium, Fixation Of Lending Rates

A writ petition has been filed in the Supreme Court seeking the extension of the loan moratorium announced by the Reserve Bank of India beyond August 31 for a period of 18 months.The petition filed by Coimbatore Jewellery Manufacturers Association also seeks a direction to the RBI to fix the lending rates of banks by contending that "banks have failed to pass on the benefits of reduced rates...

Right To Property Is A Constitutional As Well As Human Right, Reiterates SC [Read Judgment]

"However, laudable be the purpose, the Executive cannot deprive a person of his property without specific legal authority."

'Taken A 'Conscious Decision' of Not Holding Final Year Exams of both Professional and Non-professional Courses':Maharashtra Govt.Tells SC

The Maharashtra Government has informed the Supreme Court that the State Disaster Management Authority has taken the 'conscious decision' of not holding final year examinations of both professional and non-professional courses in the state after assessing all the pros and cons in the matter. "The authority took into consideration various aspects such as the prevailing alarming...

[Mass Transit System In Delhi NCR's Forest Area]: SC Gives Green Signal To NCTRC For Construction Of Rail Transit Line Viaduct

The Supreme Court on Friday allowed the National Capital Region Transport Corporation (NCRTC) to construct a railway line viaduct in the statutory forest area (extending to 1 acre) of Millenium Park in Delhi.A bench of Chief Justice SA Bobde, Justices AS Bopanna & V. Ramasubramiun modified its order of 1996 by which the Top Court had refused permissions to initiate development in the...

[Breaking] Barring Only 65-Yr-Old Actors/Film Crew On Movie/TV Set Is Discriminatory; Bombay HC Quashes State Govt's GR [Read Judgment]

The Bombay High Court on Friday quashed and set aside a condition in two government resolutions issued by the State of Maharashtra barring actors above the age of 65 years from remaining present on Film/TV sets calling it discriminatory. The GRs were issued after a nationwide lockdown was imposed to combat the threat of Covdi-19.Division bench of Justice SJ Kathawalla and Justice RI Chagla...

'State Disaster Management Authority Cannot Cancel Exams': Group Of Maharashtra Students Move SC

A group of students from Maharashtra have moved the Supreme Court, challenging Maharashtra government orders cancelling the final year/term examinations in the state. They have contended that the order has been issued without any authority in law.By way of two orders dated June 18, 2020 and June 19, 2020, the Maharashtra State Disaster Management Authority and the state Government...

SC Issues Notice to NBA And Seeks Report From Press Council in Plea Seeking Action Against Media For Communalization of Nizamuddin Markaz Meet

The Supreme Court on Friday issued notice to the News Broadcasters Association (NBA) and sought a report from the Press Council of India (PCI) with regard to petitions seeking action against the media for communalization of the Tablighi Jamaat meeting in Delhi's Nizamuddin Markaz.The Bench headed by CJI SA Bobde, along with Justices AS Bopanna and V Ramasubramanian, called for a general...

[Enrica Lexie] Will Not Close Case Against Italian Marines Without Hearing Victims' Families: SC

The Supreme Court on Friday refused to close the pending cases against two Italian Marines, without hearing the families of the victims.The Court asked the Centre to implead the victims in the case and said that they should be paid adequate compensation."We want you to pay not reasonable but "adequate" compensation. You will bring the cheque here and submit it before this Court. Mr. Mehta,...

MBA Degree Not Equivalent To PG Degree/Diploma In Human Resource Management Or Industrial Relations & Labour Legislation: SC [Read Judgment]

"Tribunal was manifestly in error in holding that the candidate was qualified merely because he studied two subjects as a part of his MBA degree programme"