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Supreme Court Weekly Round Up: April 11 To April 17, 2022
Shruti Kakkar
17 April 2022 4:53 AM GMT
Supreme Court Judgements 1. Disclosure Of Material Information Itself Could Be A Ground For Termination Of Services : Supreme Court Case Name: Union of India vs Dillip Kumar Mallick | CA 2754 OF 2022 Citation: 2022 LiveLaw (SC) 360 The Supreme Court bench of Justices Dinesh Maheshwari and MM Sundresh has reiterated that non-disclosure of material information...
Supreme Court Judgements
Case Name: Union of India vs Dillip Kumar Mallick | CA 2754 OF 2022
Citation: 2022 LiveLaw (SC) 360
The Supreme Court bench of Justices Dinesh Maheshwari and MM Sundresh has reiterated that non-disclosure of material information itself could be a ground for cancellation of employment or termination of services.
Case Name: State of Haryana Through Secretary to Government of Haryana v. Jai Singh And Ors.| Civil Appeal No. 6990 of 2014
Citation: 2022 LiveLaw (SC) 361
The Supreme Court has upheld the validity of the 1992 Haryana Amendment ("Amending Act") to the Punjab Village Common Lands (Regulation) Act. 1961, which vests land reserved for common purposes by applying pro-rate cut in the village Panchayat. A Bench comprising Justices Hemant Gupta and V. Ramasubramanian allowed the appeals filed by the State of Haryana and the Panchayats and upheld the validity of the impugned Amending Act on the ground that it forms a part of agrarian reform and is protected under Article 31A of the Constitution.
Case Name: Mafat Lal vs State of Rajasthan | CrA 592 OF 2022
Citation: 2022 LiveLaw (SC) 362
The Supreme Court observed that an offence under Section 366 IPC would be attracted only when there is a forceful compulsion of marriage, by kidnapping or by inducing a woman. The bench of Justices S. Abdul Nazeer and Vikram Nath observed that no fruitful purpose would be served by relegating the matter for conducting the trial as the same would not be conducive for either of the appellants and it would be a futile exercise.
4. Term Of Office Of A Nominated Member Of Wakf Board Can Be Curtailed: Supreme Court
Case Title: State of Maharashtra vs Shaikh Mahemud | CA 2784 OF 2022
Citation: 2022 LiveLaw (SC) 363
The Supreme Court observed that the term of office of a nominated member of Wakf Board can be curtailed. The bench comprising Justices Hemant Gupta and V. Ramasubramanian observed that appointment of members by the method of nomination always stands on a slightly different footing than election.
5. If There Is Difference Between CAT Judicial Member & Administrative Member, Refer To 3rd Member; Reference To Full Bench Not Required : Supreme Court
Case Name: Daljit Singh vs Arvind Samyal | SLP(C) 5192-5194/2022
Citation: 2022 LiveLaw (SC) 364
The Supreme Court observed that a reference to the Full Bench of the Central Administrative Tribunal is not required if there is a case of difference of opinion between the Judicial Member and the Administrative Member of the Tribunal. In such a situation, the matter is required to be referred to the third Member/Chairman who has to give his own decision upon such a reference, the bench comprising Justices MR Shah and BV Nagarathna observed.
6. Permission Granted For Medical Admissions For Subsequent Year Cannot Be Deemed To Be Permission For Earlier Year : Supreme Court
Case Name: Central Council for Indian Medicine v. Karnataka Ayurveda Medical College And Ors.| Civil Appeal No. 2892 of 2022
Citation: 2022 LiveLaw (SC) 365
The Supreme Court bench of Justices L. Nageswara Rao and B.R. Gavai held that permission granted for undertaking admission of students for a subsequent academic year cannot be deemed to be permission granted for earlier academic year when the Ayurveda Medical College was not fulfilling the criteria of minimum standard as per the Indian Medicine Central Council (Post Graduate Ayurveda Education) Regulations, 2016. In the said terms it clarified the effect of the judgment of the Apex Court in Ayurved Shastra Seva Mandal and Another v. Union of India and Others (2013) 16 SCC 696.
Case Name: Dental Council of India vs Biyani Shikshan Samiti | CA 2912 OF 2022
Citation: 2022 LiveLaw (SC) 366
The Supreme Court observed that the right to establish an educational institution can be regulated to ensure the maintenance of proper academic standards, atmosphere and infrastructure and the prevention of maladministration. The bench comprising Justices L Nageswara Rao and B R Gavai observed thus while upholding Regulation 6(2)(h) of the Dental Council of India (Establishment of New Dental Colleges, Opening of New or Higher Course of Studies or Training and Increase of Admission Capacity in Dental Colleges) Regulations, 2006.
Case Name: Shankarlal Nadani vs Sohanlal Jain | | CA 2816 OF 2022
Citation: 2022 LiveLaw (SC) 367
The Supreme Court bench of Justices Hemant Gupta and V. Ramasubramanian observed that a decree passed in a suit for possession filed before the civil court prior to the applicability of the Rajasthan Rent Control Act is valid and executable.
Case Name: Sanjay Gupta & Ors. V. State Of Uttar Pradesh Through Its Chief Secretary & Ors.| Writ Petition (Civil) NO. 338 OF 2006
Citation: 2022 LiveLaw (SC) 368
The Supreme Court asked the Allahabad High Court Chief Justice to nominate within two weeks a District Judge or Additional District Judge to work on a day to day basis for determining the compensation payable to the families of the victims of the fire that broke out during a consumer fair in Meerut in 2006. The bench of Justices Hemant Gupta and V Ramasubramanian also noted that since the amount of compensation payable to each of the victim including the families of the deceased had not been computed, the same required computation in accordance with the principles of just compensation as in the case of accident under the Motor Vehicle Act, 1988 by the Motor Accidents Claims Tribunal.
10. Plea Of Juvenility : Supreme Court Frees 'Murder Convict' Who Served 17 Years Jail Sentence
Case Title: Sanjay Patel vs State of Uttar Pradesh| M.A.No.1997 OF 2021
Citation: 2022 LiveLaw (SC) 369
Accepting the plea of juvenility, the Supreme Court bench of Justices AM Khanwilkar and AS Oka freed a man who served 17 years sentence after his conviction in a murder case.
Case Title: Kamatchi vs Lakshmi Narayanan| CrA 627 OF 2022
Citation: 2022 LiveLaw (SC) 370
The Supreme Court bench of Justices UU Lalit and PS Narasimha has held that the limitation period prescribed under Section 468 of the Code of Criminal Procedure is not applicable for the filing of an application by an aggrieved woman under Section 12 of the Protection of Women from Domestic Violence Act, 2005.
Case Title: In Re: Inaction of the Government In Appointing President And Members/Staff of Districts And State Consumer Disputes Redressal Commission And Inadequate Infrastructure Across India v. Union of India And Ors. SMWP(C) No. 2 of 2021
Citation : 2022 LiveLaw (SC) 371
The Supreme Court directed all State Governments to set up mediation cells and e-filing systems for the District and State Consumer Dispute Redressal Forums.
Case Name: Jahir Hak vs State of Rajasthan | Crl A 605 OF 2022
Citation: 2022 LiveLaw (SC) 372
The Supreme Court bench of Justices KM Joseph and Hrishikesh Roy granted bail to a UAPA under-trial accused who was in custody for nearly 8 years. Jahir Hak was arrested on 08.05.2014 in connection with FIR for offences punishable under Sections 10, 13, 15, 16, 17, 18, 18A, 18B, 19, 20, 23 and 38 of the Unlawful Activities (Prevention) Act, 1967. A charge sheet was filed against him on 17.09.2014. Charges were framed on 29.01.2018. The Rajasthan High Court dismissed his bail application against which he approached the Apex Court.
The court noted that for the trial, the prosecution seeks to examine as many as 109 witnesses of which only 6 witnesses have been fully examined so far. The bench also noted that the prosecution case is that the accused was found to be in touch with one of the accused, who is the head of a sleeper cell module of Indian Mujahideen.
14. Hawker Can't Claim Right To Leave Goods & Wares Overnight At Hawking Place : Supreme Court
Case Title: Madan Lal v NDMC & Anr | SLP (C) 5684/2022
Citation : 2022 LiveLaw (SC) 373
The Supreme Court has observed that any hawker can be permitted to hawk in the market only as per the hawking policy and not against the same.
The bench of Justices MR Shah and BV Nagarathna also observed that a hawker has no right to insist that he may be permitted to keep his goods and wares at the place where he is hawking overnight.
Case Title: Eastern Coalfields Limited & Ors v Rabindra Kumar Bharti
Citation: 2022 LiveLaw (SC) 374
The Supreme Court has observed that although order 41 Rule 33 of CPC clothes appellate courts with extraordinary power, it is to be exercised only in exceptional cases.
Case Name: P. Ramasubbamma v. V. Vijayalakshmi And Ors.| Civil Appeal No. 2095 of 2022
Citation: 2022 LiveLaw (SC) 375
The Supreme Court held that once the execution of agreement to sell and payment of advance substantial sale consideration is admitted by the vendor, there is nothing further required to be proved by the vendee in a suit for specific performance of agreement to sell. A Bench comprising Justices M.R. Shah and B.V. Nagarathna allowed an appeal assailing the order of the Karnataka High Court, which set aside the order of the Trial Court granting decree for specific performance of agreement to sell.
Supreme Court Updates
The Supreme Court on Monday repeated that the Central Government ought to take a humanitarian approach with respect to a 62-year old man, who has been detained in a foreigners detention camp for over 7 years, as he could not be deported to Pakistan after the country refused to acknowledge him as its national. "7 years he has been in detention. What will you do ultimately? You must also take a humanitarian approach," the bench of Justices DY Chandrachud and Surya Kant told Additional Solicitor General KM Nataraj.
2. 'Bhaiya Is Back' Banners After Rape-Accused Got Bail; Supreme Court Takes Serious View
The Supreme Court on Monday took serious note of banners being put up to welcome the release of a rape-accused on bail. A bench comprising Chief Justice of India NV Ramana, Justice Krishna Murari and Justice Hima Kohli was informed that banners with statement "Bhaiya is Back" were put up after the accused was released on bail.
3. Supreme Court Issues Notice On Plea To Permit Conversion Of 10 Year Old Diesel Buses To CNG
The Supreme Court, on Monday, issued notice in a plea seeking directions to the Ministry of Road Transport And Highways and State Authorities to endorse the retrofitted CNG buses, which were converted on expiry of 10 years and to permit 10 years old diesel buses to get converted to CNG.
4. Supreme Court Seeks Steel Ministry's Stand On Allowing Export Of Iron Ore Mined From Karnataka
The Supreme Court on Monday asked the Ministry of Steel whether sufficient iron ore is available for the domestic market and if exports of iron ore mined from the State of Karnataka can be permitted.
The Supreme Court on Monday issued notice in a petition seeking simplification in the process of adoption in India. The matter was listed before the bench of Justices DY Chandrachud and Surya Kant. The PIL was filed by a charitable trust "The Temple of Healing" through its secretary Dr. Piyush Saxena.
The Supreme Court on Monday issued notice in a writ petition seeking to stop harassment of people belonging to religious and linguistic minority communities of Assam in the name of detection and deportation of alleged foreigners.
The Supreme Court on Monday granted liberty to Vyapam Scam Whistleblower, Dr Anand Rai to approach the High Court under Section 482 CrPC, in the event of any chargesheet being filed against him in the FIR registered against him over alleged defamatory Facebook Post against the Madhya Pradesh Chief Minister's Deputy Secretary. The Court said that it was not stopping the investigation in the case against him.
8. Assam NRC : Supreme Court Issues Notice On PIL Seeking Aadhaar Cards To Persons Added In Second List
The Supreme Court on Monday issued notice in a Public Interest Litigation petition seeking directions to issue Aadhaar cards to nearly 27 lakh persons who were added in the supplementary list of Assam National Register of Citizens published in August 2019. A bench comprising Justices UU Lalit, S Ravindra Bhat and PS Narasimha issued notice to the Union Government, the Registrar General of India, Unique Identification Authority of India(UIDAI) and the State of Assam in the petition which was filed by All India Trinamool Congress Rajya Sabha MP Sushmita Dev.
The Supreme Court on Monday adjourned Amnesty International India's petition challenging the Enforcement Directorate's attachment of its bank accounts by directing that it be listed before a bench in which Justice PS Narasimha (former Additional Solicitor General of India) is not a member. A bench comprising Justices UU Lalit, S Ravindra Bhat and PS Narasimha was considering a special leave petition filed by the India wing of the international human rights organization challenging the refusal of the Karnataka High Court to interfere with the provisional attachment orders issued by the ED under the Prevention of Money Laundering Act against the bank accounts under the Prevention of Money Laundering Act.
The Supreme Court on Monday upheld a Tripura High Court judgment which had held that "decree-holders" cannot be treated at par with "financial creditors" under the Insolvency and Bankruptcy Code.
The Supreme Court on Monday directed the Madhya Pradesh Government to reserve (as an interim measure) PG Medical Course (Obstetrics and Gynaecology) seat in the Government Medical College at Bhopal in favor of a lady doctor who served the tribal and Naxalite hit villages of the state for more than 11 years.
The Supreme Court on Tuesday came down heavily on the State of Odisha and its advocates for adopting different stands with respect to miners' plea to allow resumption of mining in the state.
Taking note of the death of a 75-year old prisoner while his application seeking remission was pending before the the State of Uttar Pradesh despite the categorical order of the Supreme Court to take a decision, the Court has directed that the State to take appropriate remedial steps to ensure that the applications for premature release/remission are disposed off expeditiously.
14. Delhi Govt vs LG : Centre Seeks Referral Of Services Issue To Constitution Bench
The Central Government on Tuesday urged the Supreme Court to refer the matter pertaining to legal dispute between the Delhi Government and the Central Government regarding the control over administrative services in the national capital to a Constitution Bench.
The Supreme Court, on Tuesday, directed the Film and Television Institute of India(FTII) to induct individuals with colour blindness in all courses offered by them by making accommodation in its curriculum. The direction is also applicable to other film institutes following similar curriculum as FTII.
The Supreme Court, on Tuesday, stayed the conviction of Gujarat Congress President Hardik Patel in a 2015 case registered over alleged violence during the Patidar quota stir. A Bench comprising Justices S. Abdul Nazeer and Vikram Nath was hearing a petition assailing the order of the Gujarat High Court dated 29.03.2019, wherein Hardik's plea seeking suspension of conviction for contesting the 2019 Lok Sabha elections was rejected. It may be noted that though the sentence in this case was suspended, since the conviction had not been stayed, Patel could not contest the 2019 Lok Sabha polls.
The Supreme Court, on Tuesday, granted the Union Government time till April 18 to file its affidavit regarding its intention to adhere to the sovereign commitment made by the Government of India to the Portuguese Republic, while extraditing Abu Salem to India.
18. After Supreme Court Nudge, Nagaland Decides To Implement 33% Women Quota In Local Civic Bodies
The State of Nagaland, on Tuesday, informed the Supreme Court that it has taken a decision to implement 33% reservation for women candidates in local self government institutions, as per the earlier orders passed by the Court.
The Supreme Court on Tuesday commenced hearing a contempt petition preferred by Vedanta Ltd against National Aluminium Company Ltd (NALCO) alleging non-compliance of the order dated January 14, 2020 by which a 3-judge bench had allowed Vedanta to bid for NALCO's alumina tenders meant for exports. During the course of hearing, the bench of Justices DY Chandrachud, AS Bopanna and V Ramasubramanian pondered on the solutions such as NALCO not insisting on LET Export Order, Vedanta providing to NALCO the bill of export and certification of goods having been admitted into the SEZ by the concerned officer of the SEZ as per Rule 30 of the SEZ Rules. The bench further asked the Attorney General for India KK Venugopal to suggest further requirements which it could add over and above the conditions suggested by the bench.
20. Supreme Court Protects Co-Accused Journalist In Param Bir Singh Case From Arrest
The Supreme Court, on Tuesday, observed that Binu Ninan Varghese, a journalist, against whom the Thane Police had registered cases of extortion, including a case where the erstwhile Police Commissioner of Mumbai, Param Bir Singh was named primary accused, need not be arrested.
The Supreme Court on Wednesday issued notice in a SLP assailing Delhi High Court's order of dismissing a writ challenging MCC's notice dated January 10, 2022 of modifying OBC reservation criteria with respect to Institutional Preference seats in Central Institutes.
A Supreme Court Bench of Justice Sanjiv Khanna and Justice Bela M. Trivedi on Wednesday issued notice in a plea moved by a man who allegedly threatened the judges of the Karnataka High Court who delivered the Hijab Verdict seeking to quash or transfer the second FIR filed against him in Karnataka to Madurai.
23. Supreme Court Restrains AP Govt From Diverting SDRF Funds To Personal Deposit Accounts
The Supreme Court, on Wednesday, directed the State of Andhra Pradesh to refrain from transferring funds from the State Disaster Response Fund ("SDRF'), from where the ex-gratia compensations are being disbursed to the kins/family members of the persons who have lost their lives to COVID-19 death, to personal deposit account.
The Supreme Court on Wednesday sought Centre's response in a writ petition seeking the repatriation of Indian army officers who have been detained by Pakistan as Prisoners of War since the 1971 war.
The Supreme Court on Wednesday refused to entertain a petition filed seeking directions to Alt Balaji and its agents to restrain from exhibiting and publishing the series 'Lockupp' on OTT platforms, YouTube and other social medias, alleging copyright infringement on part of the show makers.
The Supreme Court on Wednesday allowed urgent listing of a writ petition filed by doctors who appeared in NEET-PG 2021-22 seeking permission to participate in Mop-Up round of counselling with a free exit option.
The Supreme Court on Wednesday refused to entertain a petition filed by Advocate Ashwini Upadhyay challenging the constitutionality of the Wakf Act, 1995.
A Bench comprising Justices DY Chandrachud and Surya Kant observed that the constitutionality of a legislation cannot be challenged in the "abstract" as a mere "academic exercise", when the petitioner has not shown any violation of his rights due to the statute.
The Supreme Court on Wednesday directed the Uttarakhand Government to file a status report, indicating the progress in the investigation in the hate speech cases registered over the Dharam Sansad events held in Haridwar in December 2021.
29. Supreme Court Agrees To Grant Urgent Listing For Nawab Malik's Plea Against ED Arrest
The Supreme Court on Wednesday agreed to grant urgent listing to the petition filed by Maharashtra Minister Nawab Malik challenging his arrest by the Enforcement Directorate under the Prevention of Money Laundering Act (PMLA).
The Supreme Court, on Wednesday, issued notice in a plea challenging orders of the Bombay High Court, pertaining to the directions given to the Maharashtra State Road Development Corporation ("Corporation") to compensate members of a fishermen's society (Mariyayi Macchimaar Sahkari Sanstha Maryadit) for the adverse impact on their customary right to fish for a living, on account of the construction of the bridge on the Thane Creek.
The Delhi Police has told the Supreme Court that no anti-Muslim hate speech was made by Sudarshan News TV Chief Editor Suresh Chavhanke at the event organized by the Hindu Yuva Vahini at Delhi in December 2021.
The Police said that based on the complaints filed by several individuals against the speech of Chavhanke at the event, it conducted an "in-depth investigation" into the video clips of the speeches, and found that no words against any particular community were used.
The Supreme Court on Wednesday issued notice in the civil appeal assailing Karnataka High Court's order of dismissing the election petition challenging the election of Congress candidate Eshwar Bhimanna Khandre from Bhalki Assembly Constituency in Bidar District in 2018.
33. BCI Examining Proposal That Senior Advocates Should Compulsorily Induct 5 Newly Enrolled Advocates
On the recommendation of the Supreme Court to revisit the present mechanism of induction into the legal profession, to improve the quality of professionals joining the Bar, the Bar Council of India ("BCI") had submitted an affidavit indicating the changes it seeks to implement to achieve the same.
The BCI pointed out that only a few universities show interest in research work in the field of legal education. Moreover, UGC does not extend adequate financial assistance to the Centre of Legal Education ("CLE") for this purpose. For the said reason, students go abroad for higher legal education, eventually creating a dearth of qualified professors in the country. Therefore, BCI seeks to implement a two years LL.M. programme instead of the prevailing 1 year programme
34. Supreme Court Issues Directions For Operation Of Brick Kiln Industries In NCR
The Supreme Court of India has recently issued directions for operation of the brick kiln industries in the National Capital Region. The Court has mandated compliance with the Environment Ministry notification, adoption of zig zag technology, a prior consent to operate and declaration of the unit's production capacity amongst other conditions.
35. Supreme Court Grants Bail To Accused Suffering From HIV
Considering the peculiar circumstances of a case, the Supreme Court recently granted bail to an accused who was suffering from HIV and appeared to be immuno compromised. The bench of Justices SR Bhat and PS Narasimha granted bail in a SLP assailing Rajasthan High Court's order dated March 3, 2022.
The Supreme Court acquitted a man who had allegedly abandoned a lady belonging to SC-ST Community with whom he was living together. The court observed that no criminality could be attributed to him for merely leaving the lady.
37. Supreme Court Orders CBI Investigation Into Case Of Minor Girl Found Dead In School In UP
The Supreme Court of India recently transferred the investigation in the case of the death of a minor girl in a boarding school in Uttar Pradesh, to the Central Investigation Bureau (CBI). The Bench has directed the State of Uttar Pradesh and State of Haryana to hand over the papers/documents regarding investigation to the CBI within four weeks.
The Enforcement Directorate has moved the Supreme Court of India challenging Karnataka High Court's order granting bail to Bineesh Kodiyeri, son of Kerala CPI (M) leader Kodiyeri Balakrishnan who was arrested by the ED under the Prevention of Money Laundering Act.
The ED has argued that the High Court failed to appreciate that Kodiyeri preferred five previous Bail Applications, which were rejected and there is no change of circumstances in the present case. Further, the previous orders of rejection by the Trial Court has not been challenged by him before any Court.
39. Can't De-Register Political Parties For Offering Freebies : Election Commission Tells Supreme Court
Election Commission of India has told the Supreme Court that offering any freebies either before or after the election is a policy decision of the party and that the Commission cannot regulate state policies and decisions which may be taken by the winning party when they form the government.
40. All DRT Vacancies Filled : Attorney General Tells Supreme Court
The Attorney General of India, Mr. K.K. Venugopal on April 8 informed a Bench comprising Justices L. Nageswara Rao and B.R. Gavai that appointments of DRT members to the vacant posts are complete. He apprised the Bench that the Selection Committee has recommended 25 names for all the vacancies. The Appointments Committee of the Cabinet had accepted all the names recommended in two tranches. The first tranche consists of 18 members who have already joined and for the 7 members in the second tranche offers of appointment have already been issued.
The Supreme Court on April 8 issued notice in a special leave petition filed by a District Judge in Jharkhand seeking three advance increments for having LLM degree as recommended by the Justice Shetty Commission. A bench comprising Justice L Nageswara Rao and BR Gavai issued notice in the petition challenging the judgment dated December 6, 2021 of the High Court which rejected the petitioner's plea for three advance increments.
The Supreme Court has observed that it would be absolutely contrary to a service jurisprudence principle if an employee is able to take advantage of his own absence for the period of time when he was under suspension. The bench of Justices SK Kaul and MM Sundresh rendered this observation while considering a Special Leave Petition assailing Jharkhand High Court's order dated May 9, 2016 ("impugned order")
The Supreme Court has observed that the issue of community certificate cannot be agitated for the first time before the Top Court, more so when the appointment was sought to be made on the disability quota and not on the basis of the community.
