Supreme Court Weekly Round Up

Teachers Are Entitled To Gratuity, Holds SC After Recalling Erroneous Judgment [Birla Institute of Technology V. State of Jharkhand] Correcting its earlier erroneous judgment, the Supreme Court held that the teachers are entitled to invoke Payment of Gratuity Act for claiming gratuity from his/her employer. The bench comprising Justice Abhay Manohar Sapre and Justice Indu Malhotra also slapped a cost of Rupees 25,000, on Birla Institute of Technology, the appellant in the case. No Limitation Period To Seek Declaration Of A Marriage As 'Null And Void' [Swapnanjali Sandeep Patil V. Sandeep AnandaPatil] The Supreme Court observed that no period of limitation is prescribed so far as presentation of petition for declaration to declare a marriage being nullity/void marriage, under Section 24 of the Special Marriage Act. The bench comprising Justice L. Nageswara Rao and Justice MR Shah observed that once the marriage is void the same is a nullity and at any time the same can be declared as nullity being a void marriage. Consumer Forums Have Jurisdiction To Dismiss Complaints In Limine [M/S Anjaneya Jewellery V. New India Assurance Co Ltd.] The Supreme Court observed that consumer forums have the jurisdiction to dismiss the complaint in limine and decline its admission without notice to the opposite party. The bench comprising Justice Abhay Manohar Sapre and Justice Dinesh Maheshwari, taking note of the amendment brought to Section 13 of the Consumer Protection Act, observed that such jurisdiction to dismiss the complaint in limine has to be exercised by the Commission having regard to facts of each case, i.e., in appropriate case. Medical Negligence- Award Of Compensation Cannot Go Restrictive When The Victim Is From Poor And Rural Background [Shoda Devi V. DDU/Ripon Hospital Shimla] Responsiveness and diligence of Medical Professionals has to be equi-balanced for all their consumers, said the Supreme Court bench comprising Justice Abhay Manohar Sapre and Justice Dinesh Maheshwari while enhancing compensation to a woman who suffered due to medical negligence. Conversion Of Unaccounted Money Through The Cloak Of Share Capital/Premium Must Be Carefully Scrutinised [Principal Commissioner of Income tax (central)-1 V. NRA Iron and Steel Pvt. Ltd] The Supreme Court observed that the Assessee is under a legal obligation to prove the receipt of share capital/premium to the satisfaction of the Assessing Officer, failure of which, would justify addition of the said amount to the income of the Assessee. The bench comprising Justice UdayUmesh Lalit and Justice Indu Malhotra observed that the practice of conversion of un-accounted money through the cloak of Share Capital/Premium must be subjected to careful scrutiny SC Finally Corrects The Error: Acquits Six Persons Sentenced To Death By A 2009 Judgment [Ankush Maruti Shinde V. State of Maharashtra] The Supreme Court acquitted three persons who were sentenced to death by it in 2009, and also three others whose death penalty was confirmed by it. The bench comprising Justice AK Sikri, Justice S. Abdul Nazeer and Justice MR Shah, also ordered the State of Maharashtra to pay Rupees 5 Lakh as damages to each of them. SC Confirms Death Penalty Awarded To Man Accused Of Killing Six Persons [Khushwinder Singh V. State of Punjab] The Supreme Court, after a long gap and a series of commutations, confirmed a death sentence in a judgment. Ironically, this judgment has been delivered on the same day when the same bench, in another case, acquitted six 'death convicts' who were sentenced to death by the Apex Court in 2009. The bench comprising Justice AK Sikri, Justice Abdul Nazeer and Justice MR Shah upheld the death penalty imposed on Khushwinder Singh, convicted of murdering six persons belonging to a family, out of which two were minors – below 10 years of age. SC Acquits Two Men Sentenced To Death By Chhattisgarh HC [Digamber Vaishnav&Anr. V.State of Chhattisgarh] In yet another judgment the Supreme Court acquitted two men whose death sentence was confirmed by the Chhattisgarh High Court. The bench comprising Justice AK Sikri, Justice S. Abdul Nazeer and Justice MR Shah, acquitted DigamberVaishnav and GirdhariVaishnav who were accused of robbery and murder of five women. SC Acquits Forest Range Officer Who Killed A 'Smuggler' In 'Self Defence' [Sukumaran V. State] The Supreme Court acquitted a Forest Range Officer accused of killing a man allegedly belonging to a smuggling party, on the ground that he did it in his self defence. Heinous & Serious Offences, Offences By Public Servants Can't Be Quashed On The Ground Of Compromise Between Parties [State of Madhya Pradesh V. Laxmi Narayan & Ors.] A three Judge Bench of Supreme Court of India issued guidelines regarding quashing of Criminal Proceedings on...

Supreme Court Weekly Round Up

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