Supreme Court Weekly Round Up June 21- June 27, 2021

JUDGMENTS THIS WEEK1. Goods Imported Violating FTDR/DGFT Notifications Are 'Prohibited Goods' Liable For Confiscation Under Customs Act : Supreme CourtTitle : Union of India vs Raj Grow Impex LLP and othersCitation : LL 2021 SC 271The Supreme Court has held that peas and pulses, which were imported in violation of the notifications of the Central Government and the Director General of Foreign Trade issued under the Foreign Trade (Development and Regulation) Act, are liable to absolute confiscation under Section 125 of the Customs Act as "prohibited goods".The Court granted a relaxation by allowing re-export of the goods on payment of the necessary redemption fine and subject to the importer discharging other statutory obligations.A bench comprising Justices AM Khanwilkar and Dinesh Maheshwari observed :"...the personal interests of the importers who made improper imports are pitted against the interests of national economy and more particularly, the interests of farmers. This factor alone is sufficient to find the direction in which discretion ought to be exercised in these matters. When personal business interests of importers clash with public interest, the former has to, obviously, give way to the latter"IMPORTANT APEX COURT UPDATES THIS WEEK1. Supreme Court Reserves Judgment On Plea For Ex-Gratia Compensation To COVID VictimsA Bench of Justices Ashok Bhushan and MR Shah this week reserved the judgment in the pleas filed before Supreme Court seeking ex gratia monetary compensation of Rs. 4 lacs or notified ex gratia monetary compensation to the families of deceased who have succumbed to the pandemic of COVID-19.Senior Advocate SB Upadhyay appearing on behalf of the Petitioner Reepak Kansal, submitted to the Court that the Centre cannot use financial constraint as a ground to not meet its constitutional obligations.In an Affidavit filed recently, the Union of India has informed the Supreme Court that payment of ex-gratia to all deceased persons due to COVID-19, is beyond the fiscal affordability of the State Governments, as the finances of State Governments and the Central Government are under severe strain, due to the reduction in tax revenues and increase in health expenses on account of the pandemic.2. Centre Gives Supreme Court Projection For 186 Crore Doses To Complete Vaccination By 2021 EndAhead of the hearing in the suo moto COVID case on June 30, the Central Government has filed an affidavit in the Supreme Court, in the light of several issues flagged by the Court with respect to the earlier vaccination policy.As directed by the Court, the Centre has given details about the projection of vaccine availability from five approved vaccines - Covishied, Covaxin, Bios E Sub Unit Vaccine, Zydus Cadilla DNA vaccine and Sputnik V. 186 to 188 crore doses of vaccines will be required for the double-doses to the eligible population of 93-94 crores above the age of 18 years. Out of this, 51.6 crore doses would be made available by July 31. Between August 2021 and December 2021, a total of 135 crore vaccines will be available in India, the Centre estimated.From the figures and tables given, Centre is aiming to complete the vaccination for the entire eligible population by the end of 2021.3. 'Entitled To Legislative Privileges' : Kerala Govt Move Supreme Court Seeking Withdrawal Of Criminal Cases For 2015 Assembly RuckusThe State of Kerala has filed a special leave petition in the Supreme Court seeking the withdrawal of criminal cases against six prominent CPI(M) members for the ruckus and vandalism caused in the Kerala Legislative Assembly in 2015.The SLP is filed against the March 12 judgment of a single bench of the Kerala High Court which had dismissed the state's revision petition against the refusal of Chief Judicial Magistrate, Thiruvananthapuram, to allow the withdrawal of prosecution in these cases under Section 321 of the Code of Criminal Procedure.In the plea before the Top Court, the Kerala Government say that the acts happened during a protest staged against the presentation of budget by the then Finance Minister KM Mani, who was facing allegations of involvement in bar-bribery scam.4. CA Exams 2021: Supreme Court To Hear On Monday Plea Seeking Opt-Out Option, More Exam Centres, Postponement If Adherence To Covid Protocols Not PossibleSupreme Court will tomorrow hear the plea filed seeking directions for an "Opt-Out" option to aspirants of the upcoming CA exams 2021, more Exam Centres and postponement of exam if adherence to Covid Protocols is not possible.A three-judge Bench of Justice AM Khanwilkar, Justice Dinesh Maheshwari and Justice Aniruddha Bose will hear the plea filed by Child Right Activist Anubha Shrivastava Sahai on June 28th 2021 at 10:30 am.The present plea has sought directions to provide an "Opt Out" option to all the aspirants going to appear in the upcoming CA exams 2021 scheduled to start from 5th July 2021, willing to opt out before and during the exam, with a carry forward of...

Supreme Court Weekly Round Up June 21- June 27, 2021

Nupur Thapliyal

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