Supreme Court Weekly Round-Up (22nd April-27th April, 2024)

With another week gone at the Supreme Court of India, Live Law is back with its Supreme Court Weekly Digest, dedicated to keeping our readers abreast of the most recent legal developments in the country's apex court. This digest aims to inform you about the latest judgments, orders, and Public Interest Litigations (PILs) filed in the Supreme Court during the past week and also the updates of the Constitution Bench hearing on whether “material resources of the community” in Article 39(b) of the Constitution include privately owned resources, providing a succinct overview. Orders/ Judgments Supreme Court Sets Aside NCDRC Penalty Against Yash Raj Films For Not Including In 'Fan' Movie Song Shown In Trailer Case Title: Yash Raj Films Vs Afreen Zaidi | C.A. No. 4422/2024 Coram: Justices PS Narasimha and Aravind Kumar The Supreme Court allowed an appeal filed by Yash Raj Films against an order of the National Consumer Dispute Redressal Commission (NCDRC) which imposed a penalty on YRF for not including a song in the 2016 Shah Rukh Khan-starrer 'Fan', which was shown in the promos and the teasers of the movie. '5-Year Law Course Beneficial, Need Mature People In Profession' : Supreme Court Refuses To Entertain Plea For 3-Year LL.B Course After School Case: ASHWINI KUMAR UPADHYAY vs UNION OF INDIA | Diary No. 17329-2024 Coram: Chief Justice of India DY Chandrachud and Justice JB Pardiwala The Supreme Court refused to entertain a petition seeking to allow 3-year LL.B degree course right after the 12th standard. After the bench expressed disinclination to entertain the matter, the petitioner chose to withdraw the petition. Supreme Court Issues Notice On Plea Challenging Bail Granted To Convicts In Journalist Soumya Vishwanathan Murder Case Case Title: MADHAVI VISWANATHAN v. THE STATE NCT OF DELHI AND ANR., Diary No. 13692-2024 Coram: Justices Bela M Trivedi and Pankaj Mithal The Supreme Court issued a notice in a special leave petition assailing the bail of four accused convicted in the 2008 murder case of journalist Soumya Vishwanathan. Supreme Court Allows Termination Of 28-Week Pregnancy Of 14-Year Old Rape Survivor Coram: CJI DY Chandrachud and Justice JB Pardiwala The Supreme Court allowed an urgent plea for terminating the pregnancy of a 14-year-old minor rape survivor. While exercising its powers to do complete justice under Article 142 of the Constitution, the Court directed the Dean of Sion Hospital, Maharashtra to undertake the medical termination of the 28 weeks pregnancy. Supreme Court Seeks Response From West Bengal Governor Over Withholding Assent To WB Universities (Amendment) Bill 2022 Case Details : SAYAN MUKHERJEE vs. THE PRINCIPAL SECRETARY TO HIS EXCELLENCY THE GOVERNOR OF WEST BENGAL Diary No.- 12854 - 2024 Coram: CJI DY Chandrachud and Justice JB Pardiwala The Supreme Court issued notice in a petition challenging the inaction on the part of the West Bengal Governor Dr C.V. Ananda Bose in giving assent to the West Bengal Universities (Amendment) Bill 2022, which was passed by the State legislature in June 2022. The Court has sought a response from the Principal Secretary to the Governor of West Bengal, the Union as well as the Principal Secretary of the Department of Higher Education in this regard. Supreme Court Laments 'Dismal' Implementation Of Rights Of Persons With Disabilities Act, Issues Directions To States Case Title: Seema Girija And Anr. v. UoI And Ors. Diary No. 29329/2021 Coram: CJI DY Chandrachud and Justice JB Pardiwala The Supreme Court expressed disappointment at the inadequate implementation of the Rights of Persons with Disabilities Act 2016 (RPwD) across states. Observing that the enforcement of RPwD is in a 'dismal' state, the Court directed the Ministry of Social Justice and Empowerment to consider the larger picture and provide an update in the next hearing. Supreme Court Suspends Sentence Of Congress MLA Mohammed Moquim In ORHDC Loan Fraud Case Case Title: MOHAMMED MOQUIM vs. STATE OF ODISHA., Diary No.- 16787 - 2024 Coram: Justices Surya Kant and Dipankar Datta The Supreme Court suspended the sentence of Congress MLA Mohammed Moquim in the Orissa Rural Housing Development Corporation (ORHDC) loan fraud matter. The senior Congress leader had approached the Apex Court against the Orissa High Court's order affirming his three-year sentence by the Special Judge (Vigilance), Bhubaneswar, in 2022. Medical Negligence | 'Egg Shell Skull' Rule Can Be Applied Only When Patient Had Pre-Existing Conditions : Supreme Court Case Title: JYOTI DEVI VERSUS SUKET HOSPITAL & ORS., 2024 LiveLaw (SC) 320 Coram: Justices Sanjay Karol and Aravind Kumar Observing that the compensation was wrongly reduced by applying "Eggshell Skull Rule", the Supreme Court enhanced the compensation amount to be paid to a patient from Rs. 2 Lakhs to...

Supreme Court Weekly Round-Up (22nd April-27th April, 2024)

Gyanvi Khanna

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