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Supreme Court Weekly Round Up

Ashok Kini
2 Jun 2019 1:59 PM GMT
Supreme Court Weekly Round Up
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Every Person With Mental Illness Shall Have A Right To Live With Dignity [Accused 'X' V. State of Maharashtra] The Supreme Court, in a judgment delivered last month, noted that under the Mental Health Care Act, 2017, there is a statutory right for mentally ill persons to live with dignity The bench comprising Justice NV Ramana, Justice Mohan M. Shantanagoudar and Justice Indira...

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Every Person With Mental Illness Shall Have A Right To Live With Dignity [Accused 'X' V. State of Maharashtra]

The Supreme Court, in a judgment delivered last month, noted that under the Mental Health Care Act, 2017, there is a statutory right for mentally ill persons to live with dignity The bench comprising Justice NV Ramana, Justice Mohan M. Shantanagoudar and Justice Indira Banerjee observed that Section 20 (1) of the Mental Health Care Act explicitly provides that 'every person with mental illness shall have a right to live with dignity'.

Section 141 NI Act: Company Includes Partnership Firm Or Other Association Of Individuals [G. Ramesh vs. Kanike Harish Kumar Ujwal]

The Supreme Court observed that the expression "company" used in Section 141 of the Negotiable Instruments Act includes a partnership firm or association of persons. Allowing the appeal, the bench said: "Section 141 undoubtedly uses the expression "company" so as to include a firm or association of persons. The fact that the first accused, in the present case, is a partnership firm of which the remaining two accused are partners has been missed by the High Court."

Section 148 Of Negotiable Instruments Act Has Retrospective Effect [Surinder Singh Deswal @ Col. S.S. Deswal vs. Virender Gandhi]

In an important judgment, the Supreme Court held that Section 148 of the Negotiable Instruments Act as amended, shall be applicable in respect of the appeals against the order of conviction and sentence for the offence under Section 138 of the N.I. Act, even in a case where the criminal complaints for the offence under Section 138 of the N.I. Act were filed prior to 2018 amendment Act i.e., prior to 01.09.2018.

Case Of Death By Single Blow On Vital Part Of Body May Fall Under Section 302 IPC (Murder) [State of Madhya Pradesh V. Kalicharan]

The Supreme Court reiterated that, even in a case of death by a single blow, but on the vital part of the body, the case may fall under Section 302 of the Indian Penal Code (Murder). The bench comprising Justice MR Shah and Justice AS Bopanna were considering an appeal filed by the State of Madhya Pradesh against alteration of the conviction of an accused from Sections 302/149 to Section 304 Part II of the IPC by the High Court.

GST Evaders Can Be Arrested: SC Upholds Telangana HC Judgment [P. V. Ramana Reddy V. Union of India]

The Supreme Court dismissed a plea challenging Telangana High Court judgment that held that a person can be arrested by the competent authority in cases of Goods and Service Tax (GST) evasion. The vacation bench of Chief Justice of India Ranjan Gogoi and Justice Aniruddha Bose, dismissing the Special Leave Petition, said that it is not inclined to interfere.

A Murder Is A Murder Even If It Arises Out Of Matrimonial Dispute: SC Denies Bail To Murder Convict [Pankaj Alias Bobby V. State of Uttar Pradesh]

A murder is a murder whether it arises out of matrimonial dispute or otherwise, remarked Supreme Court while rejecting the bail plea of a man who is in custody for about 13 years.

Termination Of Workmen On The Ground That Their Appointment Is Illegal Will Amount To Retrenchment [Bihar State Scheduled Caste Cooperative Development Ltd. V. State of Bihar]

The Supreme Court observed that Section 25F of the Industrial Disputes Act will be applicable even in cases of workmen terminated on the ground that their appointment was illegal. The bench comprising Justice Arun Mishra and Justice MR Shah observed that "invalid appointment" is not covered in the Exceptions under section 2 (OO) of the Industrial Disputes Act.

Genuineness Of Will Can't Be Doubted Merely Because It Was Executed In Favour Of Neighbour [ Shewantabai vs. Arun]

Merely because the testator executed the Will in favour of the neighbour, the genuineness of the Will cannot be doubted, said the Supreme Court while rejecting the plea of the widow of the deceased testator.

Case Of Death By Single Blow On Vital Part Of Body May Fall Under Section 302 IPC (Murder) [State of MP vs. Kalicharan]

The Supreme Court reiterated that, even in a case of death by a single blow, but on the vital part of the body, the case may fall under Section 302 of the Indian Penal Code (Murder).

Other Significant Orders and Proceedings

  • Declined to direct the UP Police to file the supplementary charge sheet in order to place on record the recently recorder 164 statements in the Hapur lynching case. The vacation bench headed by Chief Justice Ranjan Gogoi however gave liberty to the Petitioners to bring the new 164 statements to the attention of the concerned Trial Court.
  • Dismissed the challenge brought by Maharashtra Government against the Bombay High Court's order granting bail to alleged Maoist sympathiser Konnath Muralidharan, who has been in custody in Pune's Yerwada jail since May 2015.
  • The question of law regarding the power of Goods and Services Tax officers to arrest suspected evaders will be examined by a three-judge bench, said the vacation bench of Chief Justice Ranjan Gogoi and Justice Aniruddha Bose. The bench also issued notice to the Centre and sought its reply on a batch of pleas challenging the provision of arrest under the CGST Act.
  • Granted extension of the term of Justice V.K. Jain as Judicial Member, National Consumer Disputes Redressal Commission. The bench comprising the Chief Justice Ranjan Gogoi and Justice Anirudha Bose granted extension of time by one year or till the process of fresh appointment is completed, whichever is earlier.
  • Dismissed a plea of Congress MP Karti Chidambaram seeking return of Rs 10 crore which he had deposited with the court's registry for travelling abroad.
  • Said that 10 per cent EWS quota cannot be applied to PG medical courses in Maharashtra for the academic year 2019-20 as admission process started long before the provision came into force. A vacation bench of Chief Justice Ranjan Gogoi and Justice Aniruddha Bose said 10 per cent EWS quota cannot be granted at the cost of others unless additional seats are created by the Medical Council of India.
  • Urged the state of Assam to follow due procedure in the adjudication of claims for inclusion in the final NRC and not skim through the process to meet the court-set July 31 deadline.
  • In a case similar to Hadiya case, the Supreme Court stayed an order passed by the Chattisgarh High Court on May 15 which directed the psychiatric examination of a woman who had married a man against the wishes of her parents.
  • Set aside a Madras High Court which refused the request of the wife of a murder-convict to stay with her in-laws. The bench, taking into consideration 'the safety and well-being of the detenue', directed her to be housed in a home at Madras Christian Council of Social Service. The court further directed that nobody shall be permitted to see the detenue during this period.
  • In a setback to newly elected BSP MP Atul Rai, the Supreme Court refused to grant him protection from arrest in a rape case while noting that 16 other criminal cases were pending against him.

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