Supreme Court Weekly Round Up

1. [Suo Motu Limitation] SC Allows Service Through Instant Tele-Messenger Services Like Whatsapp, Email & Fax [In Re: Extension of Limitation]The Supreme Court on Friday allowed service of summons & notices through instant tele-messenger services like Whatsapp as well as via email & fax. A bench of Chief Justice SA Bobde, AS Bopanna & Subhash Reddy clarified that all methods are to be employed to prove a valid service on a party . CJI refused the request of the Attorney General for specifically naming Whatsapp as a mode of effectuating service stating that it was not prudent to specify Whatsapp only.Also Read: [Suo Motu Extension Of Limitation] Have Reservations Against Whatsapp For Effectuating Summons/Service, Centre Tells SC2. SC Nullifies Post-March 31 Sale Of BS-IV Vehicles ; Bars Registration Of Such Vehicles [M.C. Mehta V. Union of India]The Supreme Court recalled its March 27 order which allowed sale of 10% of unsold BS-IV vehicles for ten days after the lockdown, in areas except Delhi-NCR, after noting that the automobile dealers sold such vehicles during the lockdown in violation of the order. Following the recall of the order, a bench comprising Justices Arun Mishra, S. Abdul Nazeer & Indira Banerjee held that such vehicles sold during lockdown should not be treated as sold, and that the consideration received should be refunded to the purchasers. The Court also ordered that no such vehicle sold after March 31 should be registered.3. Amish Devgan Case : SC Extends Interim Orders Staying Investigation & Coercive Action [Amish Devgan V. Union of India]The Supreme Court directed that that the interim orders staying investigation and coercive action against journalist Amish Devgan for multiple FIRs filed against him in connection with his remarks against Sufi Saint Moinnuddin Chishti shall continue. A bench of Justices AM Khanwilkar & Sanjiv Khanna allowed the Petitioner to serve copies on the de facto complainants who had not been served and directed the Union and other respondents to file a reply in two weeks. The Petitioner can file rejoinder thereafter.4. SC Grants Interim Bail to Unitech Promoter Sanjay Chandra [Sanjay Chandra V. Union of India]Promoter and former Managing Director of Unitech Ltd., Sanjay Chandra, who has been in jail for approximately 3 years, was granted interim bail on Tuesday by Supreme Court. Accepting his plea for bail on account of both his parents being COVID-19 positive, the bench comprising Justices DY Chandrachud & MR Shah allowed him to be released for a period of one month. 5. SC Grants One Month's Time To Implement The Grant of Permanent Commission and Command Posts for Eligible Women Officers in Army [Secretary, Ministry of Defence V. Union of India]The Supreme Court granted one month's time to implement the grant of Permanent Commission and Command Posts for eligible women officers in the Indian Army. A bench headed by Justice DY Chandrachud heard the Application filed by the Centre seeking for an extension of 6 months to implement the judgement that had been delivered by Justices DY Chandrachud and Ajay Rastogi on 17th February 2020. 6. [COVID19 In Children's Homes] SC Directs States of UP, Uttarakhand, Bihar, Tripura To File Affidavits In Suo Motu Matter [In Re: Contagion of COVID 19 Virus In Children's Protection Homes]The Supreme Court directed the states of Uttar Pradesh, Bihar, Uttarakhand and Tripura to file their respective Affidavits By Friday in its suo motu case pertaining to the condition of children in protection, juvenile and foster or kinship homes amid the Coronavirus outbreak. A bench of Justices LN Rao, Hemant Gupta & S. Ravindra Bhat also directed the State of Uttar Pradesh to file an additional reply pertaining to the issue of apprehensions of COVID cases at Shelter homes in Kanpur, UP. Further to this, Court also appointed Advocate Gaurav Agarwala as Amicus Curaie and asked all Counsel of State to submit their affidavits to him. In this backdrop, bench adjourned the matter to Monday, July 10.7. 'Registry Blamed Unnecessarily' : SC Dismisses Plea Alleging Bias In Listing Matters With 100 Rupees Cost [Reepak Kansal V. Secretary General]The Supreme Court dismissed a petition alleging alleging adoption of a "pick and choose" policy by its Registry and of routinely giving preference to influential advocates in listings. A bench of Justices Arun Mishra dismissed petition filed by lawyer, Reepak Kansal, and imposed a fine of Rs 100 on him for filing the plea in which he had sought seeking a direction to its Secretary General & Registrar/officers in "not to give preferences to cases filed by influential lawyers/petitioners".Also Read: Arnab Goswami Case Was Listed Urgently As It Pertained To Liberty And Freedom Of Media, Says SC8. "Duty Of State To Address Lapses" SC Pulls Up State Of Maharashtra For Vague Affidavit In 'Suo Motu' Matter on Migrant Issues [IN RE: Problems and Miseries of Migrant Labourers]The Supreme Court pulled up the State of...

Supreme Court Weekly Round Up

Sanya Talwar

Week Commencing July 6 To July 12, 2020

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