Supreme Court Weekly Round Up

Ashok Kini

25 Feb 2019 6:01 AM GMT

  • Supreme Court Weekly Round Up

    Commercial Suits: 120 Days Deadline To File Written Statement Mandatory [SCG Contracts India Pvt. Ltd vs. K.S. Chamankar Infrastructure Pvt. Ltd] The Supreme Court observed that proviso added to the Code of Civil Procedure by Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015, is mandatory and no written statement can be taken on record...

    Commercial Suits: 120 Days Deadline To File Written Statement Mandatory [SCG Contracts India Pvt. Ltd vs. K.S. Chamankar Infrastructure Pvt. Ltd]

    The Supreme Court observed that proviso added to the Code of Civil Procedure by Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015, is mandatory and no written statement can be taken on record in commercial suits, if it is not filed within 120 days from the date of service of summons of the Suit.

    Injury On Vital Part Not An Essential Ingredient Of Section 307 IPC (Attempt To Murder) [State of Madhya Pradesh V. Harjeet Singh]

    There is no requirement for the injury to be on a "vital part" of the body, merely causing 'hurt' is sufficient to attract S. 307 I.P.C, the Supreme Court held. The bench comprising Justice L. Nageswara Rao and Justice Indu Malhotra observed that, if the assailant acts with the intention or knowledge that such action might cause death, and hurt is caused, then the provisions of Section 307 I.P.C. would be applicable.

    Merely Because FIR Contains The Inquest Number It Cannot Be Said That FIR Was Registered After Inquest [Harnam Singh vs. State of MP]

    The Supreme Court observed that merely because Inquest number is mentioned in First Information Report, it does not affect the prosecution case nor does it affect the credibility of the eye witnesses. In a criminal appeal

    Entire Testimony Of Witness Cannot Be Discarded Merely Because Part Of It Was Found To Be False [Mahendran vs. State of Tamil Nadu]

    Is the Principle of "falsus in uno, falsus in omnibus" (false in one thing, false in everything) applicable in Indian context? The Supreme Court, in a judgment reiterated the well settled position that the maxim has no application in India. The bench comprising Justice Sanjay KishanKaul and Justice Hemant Gupta again dealt with the contention put forth on behalf of the accused-appellant that, if the testimony of the witness is found to be unreliable in respect of part of the statement, then the other part of the statement cannot be made basis to convict the accused.

    Maintainability Of Execution Case To Be Considered Along With Issue Of Enforceability Of Foreign Award [LMJ International Ltd. V. Sleepwell Industries Co. Ltd.]

    The Supreme Court observed that piecemeal consideration of the issue of maintainability of the execution case concerning the foreign awards, in the first place; and then the issue of enforceability thereof, is not envisaged under the scheme of Section 48 of the Arbitration and Conciliation Act, 1996.

    Pre-Emptive Judicial Strikes Against Army's Disciplinary Jurisdiction Unwarranted [Union of India V. Lt. Colonel Dharamvir Singh]

    The Supreme Court observed that High Court should not preempt the exercise of disciplinary jurisdiction of the Armed forces by taking over the essential function of determining whether or not recourse to the disciplinary jurisdiction was warranted. The bench comprising Justice Dhananjaya Y. Chandrachud and Justice Hemant Gupta was considering appeal filed by Union of India against a Manipur High Court order, which according to it, virtually pre-empts the disciplinary jurisdiction of the competent authority in respect of an officer governed by the Army Act 1950.

    Independent Assessment Of Merits Of Award Cannot Be Made In An Arbitration Appeal [MMTC Ltd. vs. Vedanta Ltd.]

    The Supreme Court observed that, a court while considering an appeal under Section 37 of the Arbitration and Conciliation Act, cannot undertake an independent assessment of the merits of the award. The bench comprising Justice Mohan M. Shantanagoudar and Justice Vineet Saran observed that, in such appeals, the court must only ascertain that the exercise of power by the Court under Section 34 has not exceeded the scope of the provision.

    Relaxation Of Recruitment Rules Impermissible If The Advertisement Did Not Mention About It [Sanjay K. Dixit V. State of Uttar Pradesh]

    The Supreme Court held that the exercise of the power of relaxation of Recruitment Rules cannot be done if the existence of such power was not mentioned in the advertisement.

    Only 4 Months Jail For Killing Own Father? SC Restores Sentence Of 3 Years RI [State of Madhya Pradesh V. Suresh]

    The Supreme Court restored rigorous imprisonment of 3 years awarded to a man by trial court for killing his own father by setting aside the High Court judgment which had reduced the same to the period of imprisonment already undergone (3 months 21 days). The bench observed that the High Court was not justified in reducing the sentence to an abysmally inadequate period of less than 4 months.

    SC Upholds Dismissal Of Air Force Officer Accused Of Having Sexual Intercourse With Colleague's Minor Daughter [FLT. LT. S Mahendra V. Union of India]

    The Supreme Court upheld dismissal of a Flight Lieutenant of Indian Air Force in view of allegations of his sexual intercourse with a minor daughter of his colleague. After the Court of Inquiry report on the allegations made by his colleague, it was held that it was not practicable to hold a General Court Martial particularly in view of the vulnerability of the minor victim.

    Anil Ambani Guilty Of Contempt; No Jail If Reliance Pays Ericsson Rs 453 Crores In 4 Weeks [Reliance Communications Ltd. V. State Bank of India]

    The Supreme Court bench of Justices R F Nariman and Vineet Saran held Anil Ambani, Chairman of Reliance Communications, guilty of contempt of court for defaulting payments to Ericsson as per the undertaking given to the Court. The three Reliance Companies - RCom, Reliance Telecom and Reliance InfraTel- are also held guilty of contempt, and fine of Rs One Crore each has been imposed on them.

    NGT Has No General Power Of Judicial Review Akin To HCs, No 'Leapfrog Appeal' Jurisdiction Also [Tamil Nadu Pollution Control Board V. Sterlite Industries (I) Ltd.]

    In a victory to Tamil Nadu Government, the Supreme Court set aside the order of the National Green Tribunal, which permitted the re-opening of the Vedanta-Sterlite plant at Tuticorin. The bench of Justices R F Nariman and Naveen Sinha held that the NGT had no jurisdiction to entertain the matter. The parties are given liberty to approach the Madras High Court.

    "You Cannot Compare Those In Army With Those Who Want To Race": SC Rejects Plea By Sikh Cyclist

    A turbaned Sikh, barred from participating in a sporting event without a helmet or protective gear, cannot claim discrimination or interference with his religious rights, the Supreme Court.A bench of Justices S A Bobde, S K Kaul and Deepak Gupta also took strong exception to the submission of petitioner Jagdeep Singh Puri that if Army can allow a Sikh to wear a turban on the line of duty, how can the organisers of a sporting event object.

    SC Declines To Interfere In Nageswar Rao's Appointment As CBI Interim Chief [Common Caus V. Union of India]

    The Supreme Court bench of Justices Arun Mishra and Naveen Sinhadismissed the petition filed by Common Cause and RTI Activist Anjali Bharadwaj questioning the appointment of M Nageswar Rao as interim director of the CBI. The bench said that no interference was called for as full time CBI director has already been appointed.The bench also refused to accept the petitioners' prayer for directions to bring in more transparency in the appointment process.

    Inordinate & Unexplained Delay In Deciding Mercy Petition: SC Commutes Death Sentence [Jagdish V. State of Madhya Pradesh]

    The Supreme Court commuted death sentence awarded to a man convicted for murder of his wife and five children, mainly on the ground of inordinate and unexplained delay in deciding the mercy petition.

    We Feel Somewhat Reluctant In Endorsing The Death Sentence: SC Commutes Death Penalty Awarded To 'Tutor' [Parsuram V. State of Madhya Pradesh]

    The Supreme Court, on Tuesday, commuted the death sentence awarded to a 'tutor' convicted of rape and murder of a seven year old girl, and sentenced him to undergo imprisonment of 30 years (without any remission).

    SC Frees Rape Accused Finding That He Was Juvenile At The Time Of Incident [Raju V. State of Haryana]

    The Supreme Court acquitted a rape accused, after it found that he was a juvenile at the time of the incident. The bench comprising Justice NV Ramana, Justice Mohan M. Shantanagoudar, and Justice Indira Banerjee ordered his release, considering the fact that he already spent 6 years in jail. The maximum period for which a juvenile may be sent to a special home is only 3 years as per Section 15(1)(g) of the Juvenile Justice (Care and Protection of Children) Act, 2000.

    HC Judgment Confirming Death Sentence Silent On The Question Of Conviction: SC Remits It For Fresh Consideration [Pappu@chandra Kumar V. State of Uttar Pradesh]

    The Supreme Court set aside an Allahabad High Court judgment that confirmed a death sentence without dealing with the issue as to whether the conviction recorded by the trial court was justified or not. The bench comprising of Justice AK Sikri, Justice S. Abdul Nazeer and Justice MR Shah, remitted the case to the High Court for fresh consideration on merits.

    Compromise Between Complainant & Accused Does Not Mean That The Criminal Case Would Always End In Acquittal [State of Madhya Pradesh V. DhruvGurjar]

    The Supreme Courtobserved that, in every case, it cannot be concluded that there would be no conviction in a criminal case, if the complainant and the accused arrive in a compromise.

    Candidates For Main Judicial Exam To Be Selected From Prelims In 1: 10 Ratio Of Vacancies; SC Strikes Down Rule 5A Bihar Rules. [Rahul Dutta V.State of Bihar]

    In a significant judgment, the Supreme Court struck down Rule 5A of the Bihar Civil Service(Judicial Branch)(Recruitment) Rules 1995, as per which only 10% of the candidates who appear in the preliminary examination will be selected for mains.

    SC Sets Aside U'Khand HC Direction To Establish Permanent Bench Of AFT In The State [Union of India V. Lalit Kumar]

    The Supreme Court recently set aside an order of the Uttarakhand High Court that directed for establishment of a permanent Bench of Armed Forces Tribunal in the State of Uttarakhand. The Union of India, had approached the Apex Court against the said direction issued by the High Court, contending that volume of work (220 cases) does not justify setting up of a permanent Bench.

    SC Relief To Medical Student Who Lost An Academic Year Due To Cancellation Of Admissions Made By Kannur Medical College [Riya George V. Kannur Medical College]

    A student who has been deprived of a valuable year in pursuing her studies, cannot be left in the lurch, said the Supreme Court while considering a plea seeking compensation from a medical college for the loss of an academic year.The bench disposed the writ petition granting the petitioner liberty to pursue her claim before the Committee in terms of the consent order passed by the court.

    SC Orders Eviction Of Nearly 10 Lakh People Whose Claims As Forest Dwellers Were Rejected

    The bench of Justices Arun Mishra, Navin Sinha and Indira Banerjee directed states to ensure the eviction of all those persons from forestland whose claims under the Forest Rights Act have been rejected.

    Pulwama: Ensure Safety And Protection Of Kashmiris And Other Minorities

    The Supreme Court directed that the nodal officers as per the list furnished by the Attorney General take necessary steps to prevent acts of violence, discrimination and other coercive acts against Kashmiris and other minorities in the wake of the February 14 Pulwama terror attack.

    SC Issues Directions To Improve Conditions Of Subordinate Judiciary In States

    The SC bench headed by Chief Justice of India Ranjan Gogoi passed a slew of directions for improving the conditions of subordinate judiciary in states. It may be recalled that the apex court is supervising the conditions of subordinate judiciary in the ongoing Malik Mazhar Sultan case.

    SC Restores Indian Citizenship To Assam Native Quashing Foreigner's Tribunal Order

    In a bold judgment, the Supreme Court bench of Justices R F Nariman and Vineet Saran, quashed the order of Foreigner's Tribunal, and declared SirajulHoque's citizenship. The SC bench noticed that he had relied on several documents to support his claim, starting with a voters' list of his grandfather Kematullah in village Sotobashjani.

    PIL For Judicial Inquiry Into The Mirage Aircraft Crash Dismissed

    The Supreme Court dismissed a PIL by Advocate Alakh Alok Srivastava for a judicial inquiry into the Mirage Aircraft crash in Bengaluru earlier this month."You Are Lucky We Are Not Imposing Cost"Chief Justice Gogoi remarked.

    SC Agrees To Hear Rafale Review Petitions

    The Supreme Court said it would consider listing of pleas seeking review of its December 14 verdict dismissing the need for an investigation into the deal to procure 36 Rafale fighter jets from France. A bench headed by Chief Justice Ranjan Gogoi said four applications or petitions have been filed in the Rafale matter and one of them is still lying with the registry on account of defect.

    SC Refuses To Entertain PIL Seeking Ban On Slaughter Of Animals For Export

    The Supreme Court bench headed by Chief Justice Ranjan Gogoi refused to interfere on a plea to ban slaughter of animals for export. The petition, by the organisation 'Healthy Wealthy Ethical World Guide India Trust', questioned the government of India's policy on the export of *meat, leather and related products in the light of the Doctrine of Necessity.

    SC Asks ECI To Consider Introducing Requisite Flexibility In Eligibility Conditions For Registration As 'Defence Voters'

    The Supreme Court observed that it will be open for the Election Commission to introduce requisite flexibility in the eligibility conditions prescribed for defence personnel seeking to be registered as defence voters in the stations (Peace Station) where they are posted.

    SC Appoints Former Judge Justice D K Jain As BCCI Ombudsman

    The Supreme Court appointed former apex court judge Justice D K Jain as the first court-appointed ombudsman for the BCCI under the terms of newly approved constitution of the cash rich cricket board.The apex court, while dealing with the issue related to "importance and urgency" in appointing an ombudsman, expressed its happiness that all the parties before it have agreed on the name of Justice (retd) Jain.

    Delhi Women's Commission Seeks Protection For Runaway Couples: SC Issues Notice To Centre, Delhi Govt

    With the Delhi Commission for Women seeking safety and security for six runaway couples facing threats to their lives from their families and fear becoming victims of honour killings, the Supreme Court issued notices to the Centre and the Delhi government.

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