Supreme Court Weekly Round Up

Marital Discord Between Parents Adversely Affects Child's Personality [Sheoli Hati V. Somanth Das] The ill consequences of the discord between mother and father effect the child in her normal upbringing and is a negative factor on child's personality and upbringing, said the Supreme Court while declining to interfere with a High Court order directing to admit a child in a boarding school. Classification Of Pensioners By Providing Cut-Off Date For The Purpose Of Grant Of Revised Pension Unconstitutional [All Manipur Pensioners Association vs. State of Manipur] The Supreme Court held that the classification of pensioners into two categories by providing cut-off date for the purpose of grant of revised pension is unconstitutional. The bench observed that there is no valid justification to create two classes, viz., one who retired pre-1996 and another who retired post-1996, for the purpose of grant of revised pension No Exceptional Treatment To Be Given To The Government While Considering The Application For Stay Of Arbitral Award [Pam Developments Private Ltd. vs. State of West Bengal] The Supreme Court has observed there is no exceptional treatment to be given to the Government while considering the application for stay under Section 36 filed by the Government in proceedings under Section 34 of the Arbitration and Conciliation Act. The bench comprising of Justice RF Nariman and Justice Vineet Saran set aside a Calcutta High Court order which granted unconditional stay of the award passed against the Government after relying on the provisions of Order XXVII Rule 8A, Code of Civil Procedure. Victim Need Not Obtain Leave For Filing Appeal Against Acquittal, It Should Be Dealt As A Regular Appeal [Naval Kishore Mishra v. State of U.P.] Reiterating that victim has a right to file the appeal against acquittal of the accused without seeking leave to Appeal, the Supreme Court observed that such appeal has to be dealt as a regular appeal. The bench comprising Justice Sanjay Kishan Kaul and Justice KM Joseph set aside the High Court judgment which had dismissed appeal of the victim (in fact styled as leave to appeal) on the ground that leave had not been granted to the Government to file the appeal. Plant 100 Trees Within A Year: SC Frees Man Found To Be Juvenile At The Time Of Alleged Attempt To Murder [Solemen S.K. V. State of West Bengal] Ordering release of a 'convict' who was later found to be a juvenile at the time of incident of crime, the Supreme Court directed him to plant 100 trees within a period of one year. Solemen SK was convicted under Section 307 IPC [Attempt to Murder] and sentenced to three years imprisonment. The conviction and sentence was later upheld by the High Court. The special leave petition filed by him before the Apex Court was also dismissed. Summary Court Martial Should Be Ordered Only In A Situation Where It Is Absolutely Imperative That Immediate Action Is Necessary [Randhir Singh vs. Union of India] The Supreme Court reiterated that the power to order a Summary Court Martial is a drastic power which must be exercised in a situation where it is absolutely imperative that immediate action is necessary. SC Pronouncement Binding On HCs Even If It Cannot Be Strictly Called 'Ratio Decidendi' [The Peerless General Finance And Investment Company Ltd. V. Commissioner Of Income Tax] A pronouncement by the Supreme Court, even if it cannot be strictly called the ratio decidendi of the judgment, would certainly be binding on the High Court, the Supreme Court held. The bench comprising Justice Rohinton Fali Nariman and Justice Sanjiv Khanna observed that when the character of the transaction is a capital receipt in the hands of the assessee, it cannot possibly be taxed as income in the assessee's hands. Principle Of 'No Work No Pay' Applies When Employee Was Not Kept Away From Work By Any Order Of Employer [Chief Regional Manager, United India Insurance Company Limited vs. Siraj Uddin Khan] The Supreme Court observed that the principle of 'No Work No Pay' can be applied when the employee was not kept away from work by any order of the employer. The bench comprising Justice Ashok Bhushan and Justice Navin Sinha, reiterated the settled principle that nobody could be directed to claim wages for the period that he remained absent without leave or without justification. Annual Performance Appraisal Reports Must Be Communicated To Public Servants [Pankaj Prakash vs. United India Insurance Co Ltd.] The Supreme Court reiterated that entries in an Annual Performance Appraisal Report must be communicated to a public servant. State Empowered To Levy Charges On Foreign Liquor (IMFL) Manufactured By Use Of Imported Rectified Spirit [State of Jharkhand vs. Ajanta Bottlers & Blenders Pvt. Ltd] The Supreme Court held that the State of Jharkhand is empowered to...

Supreme Court Weekly Round Up

Ashok Kini

Tags