Supreme Court Weekly Round Up, June 28 To July 4, 2021

JUDGMENTS THIS WEEK1. Persons With Disabilities Have Right To Reservation In Promotions : Supreme CourtTitle : State of Kerala and others vs Leesamma JosephCitation : LL 2021 SC 273The Supreme Court this week held that persons with physical disabilities have right to reservation in promotions also.A 2-judge bench comprising Justices Sanjay Kishan Kaul and R Subhash Reddy held so dismissing an appeal filed by the State of Kerala against a judgment of the Kerala High Court(State of Kerala vs Leesamma Joseph).The Supreme Court said that the High Court judgment was "salutary" and did not require any interference. Further, the Supreme Court directed the Kerala Government to implement reservation in promotion for disabled within 3 months.2. Kidnapping For Ransom - Necessary To Prove Threat To Cause Death Or Harm For Conviction Under Section 364A IPC : Supreme CourtTitle : Shaik Ahmed v State of TelanganaCitation : LL 2021 SC 272The Supreme Court has held that merely proving the kidnap of a person is not sufficient for conviction for the offfence of 'kidnapping for ransom' under Section 364A of the Indian Penal Code. It must also be proved that there was threat to cause death or harm to the kidnapped person or the kidnapper, by his conduct, gave rise to a reasonable apprehension that such person may be put to death.A bench comprising Justice Ashok Bhuhsan and Justice R Subhash Reddy was considering a criminal appeal filed against the conviction of a person under Section 364A IPC (Shaik Ahmed v State of Telangana).The appellant, an auto-rickshaw driver, was convicted for kidnapping a school boy who had taken ride in the auto and for demanding a ransom of Rs 2 lakhs from his father.3. States Must Implement 'One Nation, One Ration Card' Scheme By July 31; Run Community Kitchens For Migrants : Supreme CourtCase: Re: Problems and Miseries of Migrant Labourers [SMWP(C) 6/2020]Citation: LL 2021 SC 274The Supreme Court this week directed that all states must implement the "one nation, one ration card" scheme - which enables migrant workers to avail ration benefits from any part of the country - by July 31.The Court directed the Central Government to develop the Portal in consultation with National Informatics Centre (NIC) for registration of the unorganized labourers/migrant workers. It also directed that the Central Government as well as the respective States and the Union Territories to complete the process of Portal for registration under National Data Base for Unorganised Workers (NDUW Project) as well as implement the same, which by all means may commence not later than 31.07.2021. A bench comprising Justices Ashok Bhushan and MR Shah passed the order in the suo moto case 'In Re Problems and Miseries of Migrant Labourers'. With the above directions, the bench disposed of the suo moto case. Also Read: 'Fundamental Right To Life Under Article 21 Includes Right To Food & Other Basic Necessities': Read Supreme Court Directions In Migrants Case4. Limitation Act Provisions Will Apply To Arbitration Proceedings Initiated Under Section 18(3) MSMED Act: Supreme CourtCase: M/s. Silpi Industries vs. Kerala State Road Transport Corporation [CA 1570-1578 OF 2021]Citation: LL 2021 SC 276The Supreme Court held that the provisions of Limitation Act will apply to to arbitration proceedings initiated under Section 18(3) of Micro, Small and Medium Enterprises Development Act, 2006.The bench comprising Justices Ashok Bhushan and R. Subhash Reddy observed that counter-claim is maintainable before the statutory authorities under MSMED Act."Thus, we are of the view that no further elaboration is necessary on this issue and we hold that the provisions of Limitation Act, 1963 will apply to the arbitrations covered by Section 18(3) of the 2006 Act. We make it clear that as the judgment of the High Court is an order of remand, we need not enter into the controversy whether the claims/counter claims are within time or not. We keep it open to the primary authority to go into such issues and record its own findings on merits" the bench held.5. COVID Victims Entitled to Ex-Gratia Compensation; Supreme Court Directs NDMA To Frame Guidelines Within 6 WeeksTitle : Reepak Kansal vs Union of IndiaCitation : LL 2021 SC 276The National Disaster Management Authority has a statutory obligation to frame guidelines for recommending minimum ex-gratia assistance for the victims of COVID pandemic, held the Supreme Court.The Court held that Section 12 of the Disaster Management Act cast a statutory obligation on the part of the National Disaster Management Authority to recommend minimum relief for the victims of a national disaster. Such minimum relief will also include 'ex-gratia assistance' as per Section 12(iii), the Court held.The Court rejected the argument of the Union Government that Section 12 was not a mandatory provision. The Court noted that Section 12 uses the word 'shall' and hence concluded that the provision was mandatory. The Union had argued...

Supreme Court Weekly Round Up, June 28 To July 4, 2021

Nupur Thapliyal

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