Supreme Court Weekly Round Up: July 25 To July 30, 2022

Supreme Court Judgments Forest Department Cannot Itself Impose Damages Invoking Section 33 Wildlife Protection Act: Supreme Court Case Details: State of Uttar Pradesh vs Anand Engineering College 2022 LiveLaw (SC) 626 | SLP(C) 10084-85/2022 The Supreme Court observed that a forest department cannot impose damages under Section 33 of the Wild Life (Protection) Act, 1972. For that the authority has to initiate appropriate proceedings before the appropriate court/forum to determine/ascertain the damages, the bench comprising Justices MR Shah and BV Nagarathna observed. Generally Wife's Convenience Must Be Looked At While Considering Transfer Petition Under Section 24 CPC: Supreme Court Case Status: NCV Aishwarya vs AS Saravana Karthik Sha | 2022 LiveLaw (SC) 627 | CA 4894 of 2022 The Supreme Court observed that generally it is the wife's convenience which must be looked at while considering transfer petition under Section 24 of the Code of Civil Procedure. "In matrimonial matters, wherever Courts are called upon to consider the plea of transfer, the Courts have to take into consideration the economic soundness of both the parties, the social strata of the spouses and their behavioural pattern, their standard of life prior to the marriage and subsequent thereto and the circumstances of both the parties in eking out their livelihood and under whose protective umbrella they are seeking their sustenance to life", the bench comprising Justices S. Abdul Nazeer and JK Maheshwari observed. Supreme Court Allows 2-Months Extra Window For Availing Transitional Credit; Directs GSTN To Open Portal For TRAN-1/TRAN-2 Forms Case Title : Union of India vs. M/s Filco Trade Centre Pvt. Ltd. and Anr. Citation : 2022 LiveLaw (SC) 628 In a relief to several assessees who missed the statutory deadline, the Supreme Court has directed the Goods and Services Tax Network (GSTN) to allow a 2-month additional window from September 1, 2022 to October 31, 2022 for claiming Transitional Credit. TRAN-1 and TRAN-forms were brought to allow assessees to carry forward pre-GST credits to the GST system. As per the GST Rules, such claims had to be filed within 90 days from the date when the GST Act came into force (July 1, 2017). Different High Courts passed directions for extending the time line, against which the GST department approached the Supreme Court. "Arrest Must Not Be Used As Punitive Tool" : Supreme Court Says Mohammed Zubair Was "Trapped In Vicious Cycle Of Criminal Process" Case Title : Mohammed Zubair vs State of NCT of Delhi and others| 2022 LiveLaw (SC) 629 The Supreme Court on Monday uploaded the judgment in the Mohammed Zubair case, with some important reminders to the police agencies against the use of power of arrest as a "punitive tool". A bench comprising Justices DY Chandrachud and AS Bopanna had last week granted bail to Zubair in all the 6 FIRs registered by the Uttar Pradesh police in different districts over his tweets and clubbed those cases with the Delhi FIR. The Court had only released the operative portion of the order on July 20 to enable the early release of the petitioner and the complete judgment was uploaded today evening. From the facts of the case, the bench concluded that the criminal justice system was "relentlessly employed against" the fact-checking journalist and that he was trapped in a "vicious cycle of the criminal process". The Court stated in the judgment that the power of arrest is not unbridled and had also categorically refused to impose a bail condition that Zubair should not post tweets. Also Read: 'Bail Conditions Should Be Proportionate' : Supreme Court Says Blanket Order Restricting Zubair From Tweeting Is Unjustified No Wrong In Disqualifying Candidate For Not Using Prescribed Language In OMR Sheet : Supreme Court Case Title: Union of India vs Mahendra Singh | 2022 LiveLaw (SC) 630 | CA 4807 OF 2022 | 25 July 2022 The Supreme Court upheld rejection of candidature of a candidate who used different language in the application form than the OMR sheet. Since the advertisement contemplated the manner of filling up of the application form and also the attempting of the answer sheets, it has to be done in the manner so prescribed, the bench comprising Justices Hemant Gupta and Vikram Nath observed. Postmortem Report By Itself Not A Substantive Evidence, Can't Discharge Murder Accused Only Based On It : Supreme Court Ghulam Hassan Beigh vs Mohammad Maqbool Magrey | 2022 LiveLaw (SC) 631 | SLP(Crl) 4599 OF 2021 The Supreme Court observed that a trial court could not discharge the accused from murder charges merely relying on Post mortem report indicating cause of death as "cardio respiratory failure". "The post mortem report, by itself, does not constitute substantive evidence. The doctor's statement in court is alone the substantive evidence", the bench comprising Justices ...

Supreme Court Weekly Round Up: July 25 To July 30, 2022

Shruti Kakkar

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