Supreme Court Weekly Round Up

1) No Travel Fare To Be Charged On Migrants; Notify Places Providing Food For Stranded Migrants : SC Directs [In Re: Problems & Miseries of Migrant Workers] Taking note of the miseries of stranded migrants across the country, the Supreme Court passed a slew of significant directions to safeguard their rights. These include free travel, free food and expeditious registration among others. The bench comprising Justices Ashok Bhushan, S K Kaul and M R Shah also directed the Centre to place on record information regarding number of migrants awaiting , transportation to native places, plan for transportation and mechanism of registration and other requisite details. Also Read: 'Prophets Of Doom' & 'Arm Chair Intellectuals' Spreading Negativity; 'Local Instigation' Encouraging Migrants To Walk : Solicitor General Also Read: No National Plan, Minimum Standards As Per Disaster Management Act For Lockdown : Sr Adv Kapil Sibal Tells SC 2) Employee Can Be Dismissed In Disciplinary Inquiry Completed After Retirement If Rules Permit It: SC Holds By 2:1 Majority [Chairman-cum-MD Mahanadi Coalfield Ltd. V. Rabindranath Choubey]The Supreme Court [2:1] has observed that disciplinary enquiry against an employee can continue even after the retirement of the employee and major punishment like dismissal or removal can be imposed, if the relevant Service Rules permit it. Overruling the decision in Jaswant Singh Gil, the majority of the bench Justices Arun Mishra and MR Shah, referring to a three judge bench decision in State Bank of India v. Ram Lal Bhaskar, (2011) 10 SCC 249, while Justice Ajay Rastogi dissented. 3) Retirement Of One Partner Amounts To Dissolution Of Partnership Firm Consisting Of Only Two Partners: SC [Guru Nanak Industries, Faridabad V. Amar Singh (Dead) Thr. LR's]The Supreme Court held that when there are only two partners and one has agreed to retire, then the retirement amounts to dissolution of the firm. A bench of Justices NV Ramana, Sanjiv Khanna and Krishna Murari also discussed the distinction between 'retirement of a partner' and 'dissolution of a partnership firm' emphasisin that when there are only two partners and one has agreed to retire, then the retirement amounts to dissolution of the firm [ref. Erach F.D. Mehta v. Minoo F.D. Mehta] 4) [Section 157 CrPC] Mere Delay In Forwarding FIR To Magistrate By Itself Is Not A Ground To Acquit The Accused: SC [Ombir Singh V. State of UP]The Supreme Court reiterated that the delay in sending the FIR to the Magistrate in compliance of Section 157 of the Code of Criminal Procedure cannot, in itself, be a ground to acquit the accused. A bench of Justices NV Ramana, Mohan M. Shanthanagoudar and Sanjiv Khanna noted the judgment Jafel Biswas v. State of West Bengal wherein the effect of delay in compliance of Section 157 of the Code and its legal impact on the trial was examined. In the said decision, it was held that mere delay in sending the report itself cannot lead to a conclusion that the trial is vitiated or the accused is entitled to be acquitted on this ground. 5) SC Allows Air India To Operate Non-Scheduled Flights With Middle Seat Bookings For 10 Days [Union of India & Anr. V. Deven Yogesh Kanani & Ors. & Air India Ltd. & Anr V Deven Yogesh Kanani & Ors.]The Supreme Court allowed Air India to operate non-scheduled flights with centre seat bookings for 10 days up to June 6. However, the Court added that for non-scheduled operations after that, Air India should follow the Bombay High Court's direction to keep middle seats vacant. A bench headed by CJI Bobde passed the order in the petitions filed by Ministry of Civil Aviation and Air India against the May 22 order of the Bombay HC which directed Air India to keep middle seats empty even in respect of its non-scheduled international operations. 6) Amrapali : Homebuyers Should Not Be Under The Impression That They Can Enjoy Benefits Without Paying Dues, Observes SC As It Reserves Orders On Various Issues [Bikram Chatterji V. Union of India]The Supreme Court orally remarked that the homebuyers of the stalled-Amrapali project should not be under the impression that they can enjoy the benefits without paying the dues. After hearing several Intervention Applications in the matter, a bench of Justices Arun Mishra and UU Lalit reserved its orders on three specific issues, i.e. the financing of projects by State banks, whether to sell off surplus FARs (Floor Area Ratio) to raise funds or first return them to the Noida/Greater Noida authorities, and whether to grant additional compensation to the Greater Noida authorities. 7) Vizag Gas Leak : SC Agrees To Permit 30 Personnel From LG Polymers To Access The Chemical Plant [LG Polymers V. Andhra Pradesh Pollution Control Board] The Supreme Court agreed to grant access to 30 persons from LG Polymers to the chemical plant wherein the Vizag Gas Leak Tragedy took place on May 7, which left multiple people dead and injured. A Bench of Justices UU Lalit, Mohan M....

Supreme Court Weekly Round Up

Sanya Talwar

Week Commencing May 25 to May 31, 2020

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