Supreme Court Monthly Digest : February 2020

Here is a compilation of major Supreme Court decisions of February, 2020.SC Upholds MP Amendment Which Restored Power To Try Labour Law Offences On Criminal Courts.The Supreme Court upheld the Madhya Pradesh Labour Laws (Amendment) and Misc. Provisions Act, 2002, which restored the power to try offences under labour laws on the regular Criminal Courts.(Case name: State of MP vs. M.P.TRANSPORT WORKERS FEDN. Case no.: CIVIL APPEAL NO.4658/2009 Coram: Justices Sanjay Kishan Kaul and KM Joseph)Employee's Request To Change DoB In Service Records Cannot Be Entertained At The Fag End Of Service: SC If a particular date of birth is entered in the service register of an employee, a change sought cannot be entertained at the fag end of service, the Supreme Court reiterated.Case name: Bharat Coking Coal Ltd. vs. Shyam Kishore Singh Case no .: CIVIL APPEAL NO. 1009 OF 2020 Coram: Justices R. Banumathi and AS BopannaCompromise Decree Which Does Not Take In Property That Is Not Subject Matter Of Suit Need No Registration: SC The Supreme Court observed that a compromise decree does not require registration if it does not take in property that is not the subject-matter of the suit.Case name: MOHAMMADE YUSUF vs. RAJKUMAR Case no.: CIVIL APPEAL NO.800 OF 2020 Coram: Justices Ashok Bhushan and MR Shah[Relinquishment of Claims] Bar Under Order II Rule 2 CPC May Not Apply To Writ Petitions: SCThe Supreme Court reiterated that bar of Order II Rule 2 of the Civil Procedure Code may not apply to a writ petitions."The bar of O.2 R. 2 of the Civil Procedure Code on which the High Court apparently relied may not apply to a petition for a high prerogative writ under Art. 226 of the Constitution, but the High Court having disallowed the claim of the appellant for salary prior to the date of the suit, we do not think that we would be justified in interfering with the exercise of its discretion by the High Court.", the Court said.Case name: BRAHMA SINGH vs. UNION OF INDIA Case no.: WRIT PETITION (CIVIL) NO. 59 OF 2019 Coram: Justices L. Nageswara Rao and Deepak Gupta Beneficiaries Of Insurance Policy Are 'Consumers' Even If They Are Not Parties To Contract Of Insurance: SC The Supreme Court observed that the beneficiaries of the policy taken out by the insured are also 'consumers' under the Consumer Protection Act, even if they are not parties to the contract of insurance.Case name: CANARA BANK vs. UNITED INDIA INSURANCE CO. LTD Case no.: CIVIL APPEAL NO. 1042 OF 2020 Coram: Justices S. Abdul Nazeer and Deepak Gupta There Can Be No Review Of Order Passed In Review Petition: SCThere can be no review of an order passed in review petition, the Supreme Court remarked while dismissing an application filed by NGO Lok Prahari to recall the order passed in review petition.Case Name : Lok Prahari vs Union of IndiaCase No : I.A No. 156831/2019 in WP(c) No. 330/2016Coram : Justices A M Khanwilkar and Dinesh Maheshwari[Specific Performance] Plaintiff Has To Prove That He Has Means To Generate Consideration Amount: SCThe Supreme Court observed that it is mandatory on the part of the plaintiff in a Specific Performance Suit to prove that he has the means to generate the consideration amount."Mere plea that he is ready to pay the consideration, without any material to substantiate this plea, cannot be accepted.", the Court said.Case name: C.S. VENKATESH vs. A.S.C. MURTHY (D) Case no.: CIVIL APPEAL NO. 8425 OF 2009 Coram: Justices Abdul Nazeer and Deepak Gupta Prosecution On The Basis Of Second FIR Not Sustainable If Substratum Is Common As That Of First One: SC The Supreme Court has observed that the prosecution of a person on the basis of a second FIR is not sustainable if its substratum is same as that of the first FIR.Case name: PREM CHAND SINGH vs. STATE OF UTTAR PRADESH Case no.: CRIMINAL APPEAL NO. 237 OF 2020 Coram: Justices Navin Sinha and Krishna Murari[Order VIII Rule 6A CPC] Counter Claim Cannot Be Filed After Framing Of Issues: SCThe Supreme Court has reiterated that a counter-claim cannot be filed after the issues are framed. The Court, while dismissing a Special Leave Petition, which raised this sole legal issue, referred to its last year judgment in Ashok Kumar Kalra vs. Wing Cdr. Surendra Agnihotri.Case name: ASHOK KUMAR KALRA vs. WING CDR SURENDRA AGNIHOTRI Case no.: SLP(C) No(s). 23599/2018 Coram: Justices Rohinton Fali Nariman and S. Ravindra Bhat Sabarimala Reference : SC Holds That Questions Of Law Can Be Referred To Larger Bench In Review The 9-judge bench of the Supreme Court has held that a bench can refer questions of law to larger bench even in review jurisdiction. Case Name : Kantararu Rajeevaru and others vs Indian Young Lawyers Association and othersCase No : Review Petition No. 3358/2018Corma : CJI SA Bobde, Justices R Banumathi, Ashok Bhushan, L Nageshwara Rao, Mohan Shantanagoudar, S Abdul Nazeer, R Subhash Reddy, B R Gavai and Surya Kant.SC Upholds Validity Of ...

Supreme Court Monthly Digest : February 2020

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