Supreme Court Monthly Digest- June 2019

Cannot Burden Insurer To Follow Up An Inadequate Disclosure Of Material Facts By The Insured Oriental Insurance Company Ltd. vs. Mahendra Construction The Supreme Court observed that it is duty of the insured while making the proposal to make a clear and specific disclosure of material facts and that the insurer cannot be burdened to follow up an inadequate disclosure. As per the relevant policy in this case, the details of claims lodged during the preceding three years were required to be disclosed but were not furnished by the insured. The Insurance Company repudiated the claim. Extension Of Time For PG Medical Courses Counseling Cannot Be Granted Merely Because Seats Are Lying Vacant Education Promotion Society for India Anr. V. Union of India & Ors. The Supreme Court observed that merely because the seats are lying vacant, it is not a ground to grant extension of time for PG Medical Courses Counseling and grant further opportunity to fill up vacant seat. The bench comprising Justice Deepak Gupta and Justice Surya Kant said that extension cannot be granted just because some seats are lying vacant without there being any other justification. It also noted that the society want a general extension of time not on account of any particular difficulty faced by any individual college or university but generally on the ground that a large number of seats for the P.G. courses are lying vacant SC Deprecates Tendency Of Educational Institutions Admitting Students Beyond The Numbers Permitted Foundation for Organizational Research and Education for School of Management V. All India Council for Technical Education The Supreme Court deprecated the tendency of the educational institutions admitting students beyond the numbers permitted and thereby putting the future of the students at stake.The court was considering a plea by Foundation for Organizational Research and Education Fore School Management challenging the action of All India Council for Technical Education in rejecting their request for extension of approval of existing seats and for increase in seats in certain courses. Concession By Lawyer On Mixed Questions Of Law And Fact Cannot Bind Party Observed that concessions made by a lawyer on mixed questions of fact and law cannot bind the party. The bench of Justices R F Nariman and Vineet Saran was deciding an appeal filed by Bharat Heavy Electronics Ltd against the judgment of High Court refusing to quash a Labour Court's award, which had directed reinstatement of certain retrenched employees. Foreigner Should Get NOC From Diplomatic Mission Of His/Her Country To Adopt An Indian Child The Supreme Court observed that the requirement of "No Objection Certificate" from the diplomatic mission of the country where the foreigner or the person requesting adoption resides, under Section 59(12) of the Juvenile Justice (Care and Protection of Children) Act, 2016, cannot be waived. State Probation Rules Cannot Be In Total Contradiction To Section 433A CrPC The Supreme Court observed that there cannot be State Probation Rules in total contradiction to the Section 433A of the Code of Criminal Procedure. Section 433, the Court noted, states that where a sentence of imprisonment for life is imposed for an offence which is punishable by death sentence, such person shall not be released from prison unless he has served 14 years of imprisonment. Other important orders and proceedings Dismissed the plea by former IPS officer Sanjiv Bhatt to examine additional witnesses in a case where he is facing trial for alleged custodial torture which took place in 1990.Holding that bail cannot be made conditional upon heavy deposit beyond the financial capacity of the applicant, the Supreme Court modified an order passed by the Madras High Court.Did not deem necessary to alter its June 4 order by which students were restrained from changing their original options in the fresh round of counselling for the PG Medical seats in Maharashtra. However, the vacation bench headed by Justice Indira Bannerjee allowed for the seats lying unfilled by reason of the EWS quota being scrapped to be allotted in accordance with merit.Refused to interfere with the eviction of some slum dwellers for widening of a road in Mumbai. The vacation bench comprising Justice Indira Banerjee and Justice Ajay Rastogi observed that it could not interfere with the project of public importance of widening of a road in a highly congested city like Mumbai.In a major relief to Prashant Kanojia, the journalist arrested by UP Police for online comments against Chief Minister Yogi Adityanath, the Supreme Court ordered his immediate release on bail. The vacation bench of Justices Indira Banerjee and Ajay Rastogi passed the order in a habeas corpus petition filed by Jagisha Arora, wife of Kanojia, seeking his release. The...

Supreme Court Monthly Digest- June 2019

Ashok Kini

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