Supreme Court Weekly Round Up

Top Stories This Week:1. SC Allows NLSIU To Conduct NLAT Tomorrow, Restrains From Declaring Results And Making Admissions [Rakesh Kumar Agarwalla & Anr. V. NLSIU, Bengaluru & Ors.]A Supreme Court Bench headed by Justice Ashok Bhushan has allowed the National Law School of India to conduct the Admission Test-NLAT2020 as per the scheduled on September 12. However the Bench has restrained the Administration from declaring the results and making Admissions. The Bench was hearing a petition filed by Former Vice Chancellor of NLSIU, Prof. (Dr.) R. Venkata Rao and an aggrieved parent of a CLAT aspirant challenging the sudden withdrawal of NLSIU Bangalore from CLAT 2020, to hold a separate entrance test namely NLAT 2020.2. Refund Of Airfare: SC Allows Airlines & Stakeholders To File Reply To Centre's Proposals On Flight Tickets Cancelled Due To Lockdown [Pravasi Legal Cell V. UOI]The Supreme Court granted 10 days to airlines and other stakeholders to file their reply to the Centre's affidavit stating that tickets booked by passengers in domestic and international carriers for air travel between March 25 to May 3, 2020 will be fully refunded. A bench comprising Justices Ashok Bhushan, R. Subhash Reddy & MR Shah also sought a clarification from the Centre on the issue of refund of flights cancelled after resumption of normal operations after lockdown. The bench also sought to know if the Centre's proposal will cover the tickets which were booked during the pre-lockdown phase.3. Make Advance Tax Ruling System More Comprehensive As A Tool For Settlement Of Disputes, SC Tells Centre [National Cooperative Development Corporation vs. Commissioner of Income Tax]Supreme Court has recommended the Central Government to consider the efficacy of the advance tax ruling system and make it more comprehensive as a tool for settlement of disputes. The bench of Justice Sanjay Kishan Kaul and Indu Malhotra observed that one of the largest areas of litigation for the Government is taxation matters and the petition rate of the tax department before the Supreme Court is at 87%. The court said that a vibrant system of Advance Ruling can go a long way in reducing taxation litigation.4. "State Governments Must Fix Reasonable Charges For Ambulance Services": Supreme Court [Earth V. UOI]The Supreme Court on Friday took note of the affidavit filed by the Union of India regarding the Covid19 Response. Solicitor General Tushar Mehta said that every State is required to follow these guidelines and in substance the ambulance can be summoned in case of need. A bench of Justices Ashok Bhushan, R. Subhash Reddy & MR Shah observed that the Ministry of Health and Family Welfare has formulated India Covid19 Emergency Response & Health System Preparedness Package on 23rd April 2020 & an SOP has also been issued on March 29, 2020.5. [Loan Moratorium & Interest Waiver] "Highest Level Expert Committee Convening Meetings & Will Take Holistic Decision In Two Weeks": Centre Tells SC, Interim Order To Continue [Gajendra Sharma V. UOI]The Centre informed Supreme Court on Thursday that an Expert Committee at the highest level had been constituted in order to take a decision on the issue of moratorium extension, interest during moratorium, interest on interest and other related issues.Solicitor General Tushar Mehta sought two weeks time in order to place on record a comprehensive affidavit in this regard before a bench of Justices Ashok Bhushan, R. Subhash Reddy & MR Shah .6. SC Asks Adani Gas To Deposit Rs 3.20 Crore For Stay Of Recovery Of Penalty Imposed By CCI For Abuse Of Dominant Position [M/S Adani Gas Ltd. V. CCI Of India & Anr.]The Supreme Court on Wednesday granted a conditional stay of the recovery of the penalty imposed by the Competition Commission of India (CCI) against Adani Gas Limited for abuse of dominance position. While granting the stay of recovery, a bench comprising Justices D Y Chandrachud, Indu Malhotra and K M Joseph directed Adani Gas Ltd to deposit a sum of Rs 3.20 crores within four weeks out of the total quantum of penalty of Rupees 6.40 crores.7. Plea Seeks AG's Consent To Initiate Contempt Against Rajdeep Sardesai Over His Tweets About Prashant Bhushan Case An application has been placed before Attorney General KK Venugopal seeking consent for the initiation of contempt proceedings against Consulting Editor of the India Today Group, Rajdeep Sardesai.The petition for initiation of contempt proceedings claims that Sardesai has willingly disrespected the Supreme Court and attempted to defame the institution through a series of statements made on Twitter.8. SC Refers Maratha Quota Case To Larger Bench As It Involves Interpretation Of Constitution (102nd Amendment) Act, 2018 [Dr. Jaishri Laxmanrao Patil V. The Chief Minister & Anr.]A three judge Bench of the Supreme Court has stayed the operation of the law enacted by the State of Maharashtra introducing Maratha Quota for admission in Educational Institutions and for appointments in the...

Supreme Court Weekly Round Up

Sanya Talwar

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