Supreme Court Weekly Round-Up
Doctrine Of Notional Extension Of Employment Applies When Accident Occurred While Deceased Workman Was In Workplace Not By His Own Choice [Leela Bai & Anr V. Seema Chouhan & Anr]
Applying the 'doctrine of notional extension of the employment', the Supreme Court ordered employers to pay compensation to the legal heirs of a bus driver who had died in an accident while he was coming down the roof of the bus after having his meals
Undivided Share In Joint Family Can Be Disposed By Will As Per Sec.30 Hindu Succession Act [Radhamma and others v Muddukrishna and others]
The undivided interest of a Hindu in a joint family property can be disposed of by Will as per Section 30 of the Hindu Succession Act 1956, held the Supreme Court while dismissing appeals from a partition suit. The apex court further observed that rule against disposition of undivided coparcenary interest was relaxed by Section 30. The provision is an exemption to the general rule that the interest of a Male Hindu in joint family property will devolve by survivorship upon the surviving members of the coparcenary after his death.
Child Born Out Of Marriage Between Muslim Man And A Hindu Woman Entitled To Claim His Father's Property [Mohammed Salim & Ors. V. Shamsudeen & Ors.]
In an important judgment, the Supreme Court held that a child born out of a marriage between a Muslim man and his Hindu wife is entitled to claim a share in his father's property. The bench comprising of Justice NV Ramana and Justice Mohan M. Shantanagoudar also observed that the marriage of a Muslim man with an idolater or fire-worshipper is neither a valid (sahih) nor a void (batil) marriage, but is merely an irregular (fasid) marriage.
Mere Delay In Passing The Award By Itself Cannot Be The Ground To Appoint Another Arbitrator [Rajasthan Small Industries Corporation Limited V. M/s Ganesh Containers Movers Syndcate]
The Supreme Court observed that mere neglect of an arbitrator to act or delay in passing the award by itself cannot be the ground to appoint another arbitrator in deviation from the terms agreed to by the parties. The bench comprising of Justice R. Banumathi and Justice Indira Banerjee held thus while considering appeal against Rajasthan High Court order appointing a retired District Judge as the sole arbitrator to resolve the dispute between the parties, by allowing application under Section 11 and Section 15 of the Arbitration and Conciliation Act, 1996, filed by contractor.
Introduction Of Unit Area Method System Through NDMC Bye-laws Invalid [New Delhi Municipal Council V. Association of Concerned Citizens of New Deli and Others]
The Supreme Court upheld the Delhi High Court judgment that quashed the NDMC (Determination of Annual Rent) Bye-laws, 2009, that had introduced the system of Unit Area Method (UAM) for assessing property tax, on the ground that it is ultra vires the provisions of New Delhi Municipal Council Act.
Writ Under Article 32 Not Maintainable For Enforcement Of Personal Contractual Rights [Ramesh Sanka V. Unoion of Inda]
The Supreme Court held that employees cannot be granted a writ under Article 32 of the Constitution of India for claiming enforcement of any personal contractual rights against their employers. The bench comprising Justice Abhay Manohar Sapre and Justice R. Subhash Reddy ruled, "Even otherwise, no writ lies under Article 32 of the Constitution at the instance of any employee or the employer for claiming enforcement of any personal contractual rights inter se the employee and his employer."
[S.300 Murder- Exception-I] Deceased Termed His Wife And Daughter 'Prostitutes': SC Finds It Sufficient 'Grave And Sudden Provocation' [Nawaz V. State]
The Supreme Court modified the conviction of a woman accused of murdering her husband to 'culpable homicide not amounting to murder' on the ground that it was a result of a sudden and grave provocation by him by calling her and their daughter 'prostitutes'.
CIRP Under IBC Can Continue Independent Of Winding Up Petition Pending In High Court [Forech India Ltd vs Edelweiss Asset Reconstruction Co.Ltd]
Corporate Insolvency Resolution Process(CIRP) under the Insolvency and Bankruptcy Code (IBC) can continue independent of any pending winding up process against the corporate debtor pending in the High Court under the Companies Act, held the Supreme Court in a judgment delivered on January 22 by a bench of Justice R F Nariman and Navin Sinha.
Stipulating 50% Disability Limit In Hearing Impairment Or Visual Impairment For Post Of Judicial Officer Legitimate [V. Surendra Mohan V. State of Tamil Nadu]
The Supreme Court held that stipulating a limit of 50% disability in hearing impairment or visual impairment as a condition to be eligible for the post of a judicial officer is a legitimate restriction. The bench comprising Justice Ashok Bhushan and Justice KM Joseph observed thus while dismissing the appeal filed by a V. Surendra Mohan, who was held ineligible for the post of judicial officer (civil judge) as it was found that he was having 70% disability.
Judges Selection- Stipulations In The Advertisement Can Only Be Changed In Terms Of Statutory Rules [High Court of Hyderabad V. P. Murali Mohana Reddy]
The Supreme Court observed that appointments to the post of judicial officers are to be made in terms of stipulations contained in the advertisement and such stipulations can only be changed in terms of statutory Rules.
IBC : Supreme Court Upholds Validity Of Insolvency & Bankruptcy Code [Swiss Ribbons Pvt. Ltd. V. Union of India]
The Supreme Court upheld the constitutional validity of the Insolvency and Bankruptcy Code 2016 in its "entirety". The Court however held that to attract the bar under Section 29A from participating in resolution process, "related person" should be a person connected to the defaulting entity. The bench of Justices R F Nariman and Navin Sinha had reserved orders on January 15 on the petitions challenging the validity of IBC.
Promotion To Be In Accordance With The Rules As They Exist During Its Consideration [Union of India V. KrishnaKumar]
The Supreme Court reiterated that there is no vested right to promotion, but only a right to be considered for promotion in accordance with the Rules which prevail on the date on which consideration for promotion takes place. The bench comprising Justice DY Chandrachud and Justice Hemant Gupta set aside the Manipur High Court direction to consider Havildars for promotion to the post of Naib Subedars against vacancies which had occurred prior to the changes which were carried out in 2011 and before the enforcement of the Recruitment Rules, 2012.
Candidates Clearing Prescribed Qualification After Cut-Off Date Can't Be Considered Qualified [Rakesh Bakshi & Anr V. State of Jammu &Kashmir &Ors]
The Supreme Court observed that eligibility of the candidates must be decided with reference to the qualification possessed as on the cut-off date and the qualification acquired later in point of time cannot make a candidate eligible. The bench comprising Justice Ashok Bhushan and Justice KM Joseph, however, granted relief to two such employees (who were appointed in spite of the fact that they acquired requisite qualification after the cut-off date) who continued in employment for about two decades.
SC Imposes Rs.5Cr Penalty On A Medical College For Playing Fraud On It; Orders Prosecution Of Its Dean [Sarvepalli Radhakrishnan university &Anr V. Union of India & Ors.]
The Supreme Court last week imposed a penalty of Rs 5 crore on a medical college for playing fraud on it. Barring the R.K.D.F. Medical College Hospital and Research Centre from making admissions for the 1st year MBBS course for the next two years, the bench comprising Justice SA Bobde, Justice L Nageswara Rao and Justice R Subhash Reddy also ordered prosecution of college Dean SS Kushwaha under Section 193 of the Indian Penal Code.
Reliance's Challenge Against 'Discriminatory' MERC Regulation Dismissed
The Supreme Court upheld the Bombay High Court judgment which dismissed Reliance Infrastructure challenge against regulation 44.2(d) of the Maharashtra Electricity Regulatory Commission (Multi Year Tariff) Regulations, 2011. The bench comprising Justice DY Chandrachud and Justice Hemant Gupta, however, disapproved of the High Court view that the writ petition was not maintainable. Setting aside the cost of Rs.1 Lakh imposed on Reliance Infrastructure, the bench observed that the challenge to the validity of the regulations framed by the MERC could only lie before the High Court.
No Vested Right To Out-of-Turn Promotions: SC Dismisses UP Cops' Plea
The Supreme Court dismissed plea of Uttar Pradesh police officers' seeking out-of-turn promotions for 'their credit acts of exemplary courage and valour while on duty'.
SC Acquits 3 Men Who Were Sentenced To Death Penalty, Commutes It For One
The Supreme Court acquitted three murder accused whose death penalty was confirmed by the Karnataka High Court. The three-judge bench comprising CJI Ranjan Gogoi, Justice L Nageswara Rao and Justice Sanjiv Khanna also commuted death penalty awarded to one accused to life imprisonment.
65 Yr Old Man Accused Of Bigamy Acquitted After Compromise With His First Wife
The Supreme Court acquitted a 65 year old man from Kerala accused of 'bigamy' after recording the compromise arrived between him and his 'first' wife. The bench comprising of Justice R. Banumathi and Justice Dinesh Maheshwari recorded the compromise and set aside the sentence of imprisonment and acquitted him. Thus the legal battle spanning about two decades between the husband and the wife ended with a truce
Special Fee For Enrolment Of Retired Employees By Bar Council Illegal: SC Upholds Kerala HC Judgment
The Supreme Court dismissed the special leave petitions filed by the Bar Council of Kerala against the Kerala High Court ruling that collection of special fee from those retired employees who seek enrolment as lawyers is unauthorised and illegal. Earlier this month, the bench comprising of Justice AK Sikri and Justice S. Abdul Nazeer dismissed in limine a batch of SLPs filed by the Bar Council in this regard.
SC Upholds Allahabad HC Direction To Apply Subject-Wise Reservation In Teaching Posts In Universities
The Supreme Court rejected Centre's challenge against a 2017 judgment of Allahabad High Court which had held that reservations in teaching posts in Universities are to be applied by taking subject/discipline as the unit, instead of university. A bench of Justices U U Lalit and Indira Banerjee refused leave to appeal to Ministry of Human Resources Department to challenge the High Court judgment delivered in the case Vivekanand Tiwari v Union of India on April 7, 2017
Plea For CBI Probe Into Involvement Of TN CM Palaniswami In Kodanad Estate Robbery Case Dismissed
The Supreme Court dismissed a petition seeking CBI probe into the alleged role of Tamil Nadu CM Edappadi Palaniswami in the robbery attempt at Kodanad estate of former CM Jayalalitha which took place during April 2017.
Notice Issued On PUCL's Challenge Against Govt's Surveillance Powers Under IT Act And Telegraph Act
The Supreme Court issued notice on a PIL by the NGO PUCL challenging the surveillance powers of the State under section 5(2) of the Indian Telegraph Act read with Rule 419-A of the Indian Telegraph Rules of 1951.
Notice Issued On A Plea Alleging"Communally Motivated Humanitarianism" Towards Illegal Migrants
The Supreme Court issued notice to the Centre and the Tripura government on a petition challenging the constitutional validity of the Passport (Entry into India) Amendment Rules, 2015 and The Foreigners (Amendment) Order, 2015, which naturalises illegal migration of Hindus, Sikhs, Buddhists, Jains, Parsis and Christians into India due to religious persecution in Bangladesh and Pakistan, where they are in minority.
Non-Disclosure Of Information Under RTI Act: Notice Issued To RBI On Contempt Plea
The Supreme Court issued notice to the Reserve Bank of India (RBI) on two contempt petitions filed against it for non-disclosure of information under the Right to Information (RTI) Act.
SC Refused To Stay Amendments Made To SC/ST Act
The Supreme Court refused to stay the amendments made to the SC/ST (Prevention of Atrocities) Act which restored the no anticipatory bail provision for the accused. A bench headed by Justice A K Sikri said the pending review petition filed by the Centre against the apex court's March 20, 2018 verdict and the pleas challenging the new amendments made in the SC/ST verdict will be taken up together. The bench referred the matter to the Chief Justice for reconstitution of a bench which Justice U U Lalit was a part of.
File Inputs On Prevention Of Torture Bill Within 3 Weeks: SC Directs States, UTs
The Supreme Court on Tuesday sought responses and inputs from States and Union Territories on the Prevention of Torture Bill, 2017 within three weeks. The direction was issued by a Bench comprising Chief Justice of India Ranjan Gogoi, Justice L Nageswara Rao and Justice Sanjiv Khanna, on a petition filed by former Union Minister Dr. Ashwini Kumar.
SC Refuses To Extend Deadline To Finalize Assam NRC Beyond July 31
The Supreme Court bench of Chief Justice Ranjan Gogoi and Justice Rohinton Nariman on Thursday refused to extend the deadline for the publication of the final NRC for the state of Assam beyond July 31.