Supreme Court Weekly Round Up

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...

Supreme Court Weekly Round Up

Ashok Kini

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