Supreme Court Weekly Round-up

● Motor Accidents Claim: Violation Of Law By Itself Cannot Lead To A Finding Of Contributory Negligence [Mohammed Siddique v. National Insurance Company Ltd.] The Supreme Court has held that violation of law by itself, without anything more, cannot lead to a finding of contributory negligence while considering claim petitions filed in Motor Accident Cases. The bench of Justice NV Ramana and Justice V. Ramasubramanian observed that there must either be a causal connection between the violation and the accident or a causal connection between the violation and the impact of the accident upon the victim. ● Nirbhaya Case : SC Dismisses Curative Pleas Of Two Death Row Convicts A 5-judge bench of the Supreme Court dismissed the curative petitions of Vinay Sharma and Mukesh, two of the four convicts awaiting execution of death penalty in the Nirbhaya gang rape-murder case. The bench comprising Justices N V Ramana, Arun Mishra, R F Nariman, R Banumathi and Ashok Bhushan said they did not find any merits in the curative petitions. ● Kerala Rent Control Act: Sub-Letting A Part Of Tenanted Premises Gives Landlord The Right To Eviction From The Whole Premises The bench comprising Justices Sanjay Kishan Kaul and KM Joseph , interpreting the provisions of Kerala Buildings (Lease and Rent Control)Act, 1965, observed that sub-letting of any part of the tenanted premises gives the landlord the right to eviction from the whole premises. The contention taken in this case by the landlord was that even if the sub-tenancy is created in part of the premises, the entitlement of eviction is in respect of the whole of the premises. ● Asks BCI And State Bar Council To Take Action Against Lawyers : Orissa Lawyers Strike A Bench comprising of Justices Sanjay Kishan Kaul and K.M. Joseph directed the Bar Council of India and the Odisha Bar Council to take appropriate action against lawyers on strike in the Orissa High Court. The Order rendered by Justices Sanjay Kishan Kaul and K.M. Joseph heard the submissions of the advocates present. ● Settles Disputes Between National And State Child Rights Commissions Over Powers To Conduct Inquiry [National Commission for Protection of Child Rights & Ors. v. Dr. Rajesh Kumar & Ors.] The Supreme Court has settled the 'disputes' between the National and State Commission for Protection of Child Rights with regard to the powers to conduct inquiry in Child Rights issues. The bench of Justice Deepak Gupta and Justice Aniruddha Bose held, there is no ouster of jurisdiction of any Commission. The only constraint placed by Section 13(2) of the Commissions for Protection of Child Rights Act, 2005 is that if the State Commission has already started an inquiry, the National Commission should naturally refrain from inquiring into the matter. ● Major, Married & Earning Son Of Deceased Can Claim Motor Accident Compensation [National Insurance Company Limited vs Birender and Ors.] The Supreme Court has observed that major sons of the deceased who are married and earning can claim compensation under the Motor Vehicles Act, 1988. The bench comprising Justices AM Khanwilkar and Dinesh Maheshwari observed that the Tribunal has to consider the application filed by such legal representatives irrespective of the fact whether the concerned legal representative was fully dependant on the deceased. The Tribunal cannot limit the claim towards conventional heads only, it held. ● Issues Notice On Pleas Against Conditions Introduced By IBC Ordinance 2019 For Homebuyers' Insolvency Petitions The Supreme Court issued notice on petitions which challenge the constitutional validity of the conditions introduced by Insolvency and Bankruptcy Code (Amendment) Ordinance 2019 on the homebuyers' right to file insolvency petition against defaulting builders. A bench comprising Justices R F Nariman and Ravindra Bhat has also ordered status quo on the homebuyers' petitions pending in NCLTs. ● SC Quashes Madras HC's Direction To Form A Committee For Reforms The Supreme Court has set aside a Madras High Court order that directed the State to constitute a committee to recommend reforms in the Criminal Justice System. The bench of Justice L. Nageswara Rao and Justice Hemant Gupta observed that the jurisdiction of the Court under Section 439 of the Code of Criminal Procedure is limited to grant or not to grant bail pending trial and it has no inherent jurisdiction to pass any order under the guise of improving the criminal justice system in the State. ● SC Issues Slew Of Directions To Curb Air Pollution In Delhi [MC Mehta v. Union of India] The Supreme Court passed a slew of directions to address the protracted problem of air pollution in Delhi. The bench of Justice Arun Misha and Justice Deepak Gupta has passed several directions, dealing right from the problem of stubble burning to...

Supreme Court Weekly Round-up

Arabhi Anandan

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