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Supreme Court Weekly Round Up

Sanya Talwar
5 July 2020 10:44 AM GMT
Supreme Court Weekly Round Up

Week Commencing June 28 to July 5, 2020

1. In Sunday Hearing, SC Dismisses Plea Against Conduct Of Board Exams In Rajasthan [Maghi Devi V. Union of India & Ors.]

The Supreme Court in a special Sunday hearing dismissed a plea challenging the High Court of Rajasthan's decision of upholding conduct of board examinations for class X and Class XII in the state. A bench comprising Justices AM Khanwilkar, Dinesh Maheshwari & Sanjiv Khanna observed that it did not consider it appropriate to intervene in the said plea in light of the recent judgement in "Rajashree v. Karnataka", wherein Justice LN Rao had stated that the Courts should have minimum interference in academic issues and that it had already dealt with similar pleas earlier.

2. Tough To Hold CA Exams Due To Rise In COVID-19 Cases, ICAI Tells SC; Seeks Time Till July 10 To Assess Ground Situation [Anubha S Srivastava V. ICA]

The Institute of Chartered Accountants of India on July 2 told the Supreme Court that there were operational difficulties in holding the CA Exams - scheduled to start from July 29 - on pan India level on account of the spike in COVID-19 cases in several states such as Tamil Nadu and Maharashtra.
The top Court had on June 29 stressed that the Institute of Chartered Accountants of India (ICAI) should be flexible with the 'opt-out' scheme for the CA examinations to be held between July 29 & August 16, considering the COVID-19 pandemic situation. A bench comprising Justices AM Khanwilkar, Dinesh Maheshwari & Sanjiv Khanna asked the ICAI to come out with a fresh notification in this regard. The matter will be next considered by the bench on July 2.
Examinations Cancelled on July 3 vide ICAI Notification.

Also Read: 'Take Care Of Your Students' : SC Asks ICAI To Be Flexible On CA Exam 'Opt Out' Option; ICAI To Modify Notification

3. Tablighi Jamaat : Individual Orders Of Visa Cancellation Passed Against Foreign Nationals, Centre Tells SC [Maulana Ala Hadrami & Ors. V. Union of India & Anr.]

The Supreme Court adjourned till July 10, hearing on the plea challenging blacklisting of foreign nationals by the Ministry of Home Affairs for their alleged involvement in Tablighi Jamaat activities at Delhi's Nizammuddin Markaz in March. A bench comprising Justices AM Khanwilkar, Dinesh Maheshwari & Sanjiv Khanna took note of the Centre's affidavit which stated that individual orders had been passed for cancellation of visas of the foreign nationals and stated that the petitioners shall have the liberty to make representations regarding the individual visa cancellation orders before the appropriate authority. In light of this the bench orally said that since individual orders had already been passed, the Petitioners ought to now approach respective High Courts, challenging the cancellation orders accordingly.

Also Read: Tablighi Jamaat: SC asks Centre If Individual Orders of Visa Cancellation Were Issued Against Foreign Nationals

Also Read: Right To Grant Visa A 'Sovereign Right' Of State, Tabligh Members Can't Be Deported Unless Criminal Trial Completed: Centre Tells SC

4. SC Rejects Anti-Sikh Riots Convict Mahender Singh Yadav's Plea For Interim Bail [Mahender Singh Yadav V. High Court of Delhi]

The Supreme Court rejected the interim bail of Mahender Singh Yadav, co-accused in the 1984 Anti Sikh Riots. A bench of Justices Indira Banerjee & BR Gavai stated that no specific suggestions are put forth in the plea which prayed for interim bail for Yadav on account of being COVID19 positive and that everything possible was in fact being done in furtherance of treatment of Yadav. Court further noted that no other specific suggestion was forthcoming from the family which they wished to take.

5. Awarding Compensation Towards 'Loss Of Love & Affection' As A Separate Head In Addition To 'Loss Of Consortium' Not Justified: SC [United India Insurance Co. Ltd. V. Satinder Kaur @ Satwinder Kaur & Ors]

The Supreme Court has observed that there is no justification to award compensation towards loss of love and affection as a separate head, in addition to awarding compensation for loss of consortium. The bench comprising Justices S. Abdul Nazeer, Indu Malhotra & Aniruddha Bose observed that loss of love and affection is comprehended in loss of consortium, which is a legitimate conventional head.

6. [Tamil Nadu General Sales Tax] Purchase Tax Leviable On Purchase Turnover Of Empty Bottles Purchased In Course Of Beer/IMFL Manufacture Business: SC [The Commercial Tax Officer V. Mohan Breweries & Distilleries Ltd.]

The Supreme Court has held that, under Section 7-A of the he Tamil Nadu General Sales Tax, 1959, purchase tax is leviable on the purchase turnover of empty bottles purchased by the assessee in the course of its business of manufacture and sale of Beer and IMFL. In the judgment delivered by the bench comprising of Justices AM Khanwilkar & Dinesh Maheshwari, it was held that purchase turnover of the empty bottles purchased by the assessee from the unregistered dealers under bought note is eligible to purchase tax under Section 7-A of the Tamil Nadu Act; and the assessee cannot escape such liability on the strength of the Clarifications/Circulars dated 09.11.1989 and 27.12.2000.

7. Decided To Accept & Abide By PCA Award In Enrica Lexie Case, Centre Tells SC; Seeks Disposal Of Pending Cases [Chief Master Sargeant Massimiliano Latorre & Ors. V. Union of India & Ors.]

In light of the recent award passed in the Enrica Lexie case by the Permanent Court of Arbitration, an application has been filed on behalf of Union of India, seeking disposal of the matters pending in the Supreme Court regarding the criminal proceedings against Italian marines in respect of the incident of firing of fishing boat near Kerala shores on February 15, 2012.

8. SC Issues Fresh SOPs Prior To Commencement Of Its Post-Vacation Functioning

The Supreme Court has released a notification highlighting the Standard Operating Procedure (SOP) for purposes of effectuating hearings through virtual courts w.e.f July 6. The Notification states that it has taken into account the suggestions received from various quarters and of the guidelines issued by the GOI & Government of NCT Delhi and is in supersession of its earliers SOP circulars for e-filing, mentioning, listing and hearing of matters through video conferencing/tele-conferencing mode.

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