Supreme Court Weekly Round Up [29th March to 4th April 2020]

JUDGMENTS THIS WEEK1. Seriousness Of Charge Relevant Factor: Supreme Court Sets Aside Bail Granted To Man Accused Of Murdering Lady DoctorCase: State of Kerala vs. Mahesh [CrA 343 of 2021] Citation: LL 2021 SC 192The bench comprising Justices Indira Banerjee and Krishna Murari set aside the Kerala High Court order which granting bail to a man accused murder of a lady doctor and observed that seriousness of the charge is one of the relevant considerations while considering bail applications.According to the prosecution case, the accused, Mahesh on 28th September 2020 at about 3.30 p.m., stabbed a doctor who was about 30 years of age, with a knife, inside a multispecialty dental clinic, run by her. She was stabbed with a knife on the right side of the stomach, in the presence of her father, at the dental clinic. Though the Session's Court dismissed the bail application, the High Court allowed it observing that indefinite incarceration was not necessary. The bench, in appeal filed by the State, observed that the power to grant bail under Section 439 of the Cr.P.C is discretionary, such discretion has to be exercised judiciously. Moreover, it was observed that seriousness of the charge is undoubtedly one of the relevant considerations while considering bail applications.2. Purchasers Of Non-GST Goods Entitled To 'Form C' Under CST For Concessional Rate Even After GST Act : Supreme CourtTitle : The Commissioner of Commercial Taxes and Another vs The Ramco Cements Ltd Citation : LL 2021 SC 191A bench comprising Justices AM Khanwilkar, Dinesh Maheshwari and Krishna Murari has upheld the views taken by various High Courts that the Goods and Services Tax Act does not affect the right of purchasers of goods not covered by the GST to get Form 'C' under the Central Sales Tax Act to avail concessional tax rate.The bench while dismissing the special leave petition of the tax department, noted that the Punjab and Haryana High Court had taken a similar view in the 2018 decision in the case Caparo Power Ltd vs State Of Haryana And Ors. The Special Leave Petition against that judgment was dismissed by the Supreme Court on August 13, 2018( SLP(c) 20572/2018). The top court noted that nine High Courts across the country have taken the same view. "Considering the consistent view of nine High Courts, including dismissal of special leave petitions by different Bench of this Court, and being satisfied about the exposition on the matters in issue by the High Court of Madras vide impugned judgment and order being a possible view, we decline to interfere in these special leave petitions", the bench observed. IMPORTANT APEX COURT UPDATES1. Supreme Court Holds Special Sitting On Holi; Grants Anticipatory Bail To Man Accused Of RapeIn a special sitting held on 'Holi', the bench comprising Justices Ashok Bhushan and S Abdul Nazeer granted anticipatory bail to Jude Lobo, a Goa-based restaurateur, Jude Lobo, who is named as an accused in an FIR lodged by a Delhi-based woman alleging rape.The special sitting was held to consider the special leave petition filed by Lobo challenging the order passed by the Delhi High Court on March 26 dismissing his bail application. "We are satisfied that the petitioner has made out a prima facie case for grant of anticipatory bail", the bench observed after perusing the FIR, statement of the victim recorded under Section 164 CrPC.Senior Advocate Mukul Rohatgi, who appeared for the petitioner, made references to the certain WhatsApp chats between the petitioner and the woman. 2. Deposit Made Under Section 21(5) MMDRA For Illegal Mining Not "Proceeds Of Crime" Under PMLA : SC Expresses Prima Facie ViewA bench comprising Justices AM Khanwilkar and Dinesh Maheshwari has expressed a prima facie view that deposit made under Section 21(5) of the Mines and Minerals Development and Regulation Act(MMDRA) for unlawful mining cannot be treated as "proceeds of crime" under the Prevention of Money Laundering Act(PMLA).The bench made this observation while hearing an application seeking to restrain the Enforcement Directorate from proceeding against a deposit made under Section 21(5) of the MMDRA. The case will be next considered on April 7.As per the PMLA, "proceeds of crime" means any property derived or obtained, directly or indirectly, by any person as a result of criminal activity relating to a scheduled offence or the value of any such property.3. Prison Excesses: Where Exactly The CC TV Cameras Installed? Why The Life Of CC TV Footages Confines To Four Days Only? SC Seeks Affidavit From Tihar Jail Authorities, MinistryThe bench headed by Justice U. U. Lalit has directed the Jail Superintendent, Tihar Jail to file an affidavit disclosing where exactly the CCTV cameras have been installed and whether the Control Room and the boundary wall of the jail are covered by CCTV cameras or not.The Court was dealing with an instance where 3 death row convicts were involved in an incident on 15.03.2021 where in a search...

Supreme Court Weekly Round Up [29th March to 4th April 2020]

Nupur Thapliyal

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