Supreme Court Weekly Round Up :June 6- June 11,2022

1. "Totally Misread The Judgment": SC Sets Aside Bombay HC Judgment That Dismissed A Writ Petition In A Tender Matter By Citing 'N. G. Projects Ltd.' Case

Case Title: Jai Bholenath Construction vs Chief Executive Officer, Zilla Parishad Nanded | CA 4140 OF 2022

Citation: 2022 LiveLaw (SC) 542

The Supreme Court set aside a Bombay High Court judgment which dismissed a writ petition by referring to observations made in M/s N. G. Projects Ltd. Vs. M/s Vinod Kumar Jain and others, 2022 LiveLaw (SC) 302. We find that the High court has totally misread the Judgment of this Court, the bench comprising Justices Hemant Gupta and V. Ramasubramanian observed.

2. Conviction Cannot Be Based Solely On The Testimony Of A Wholly Unreliable Witness : Supreme Court

Case Title: Mahendra Singh vs State of MP | CrA 764 OF 2021

Citation: 2022 LiveLaw (SC) 543

The Supreme Court observed that when the Court finds that a witness is "wholly unreliable", neither conviction nor acquittal can be based on the testimony of such a witness. Bench comprising Justices BR Gavai and Hima Kohli referred to Vadivelu Thevar vs. The State of Madras (1957) SCR 981and observed:

"It could thus be seen that this Court has found that witnesses are of three types, viz., (a) wholly reliable; (b) wholly unreliable; and (c) neither wholly reliable nor wholly unreliable. When the witness is "wholly reliable", the Court should not have any difficulty inasmuch as conviction or acquittal could be based on the testimony of such single witness. Equally, if the Court finds that the witness is "wholly unreliable", there would be no difficulty inasmuch as neither conviction nor acquittal can be based on the testimony of such witness. It is only in the third category of witnesses that the Court has to be circumspect and has to look for corroboration in material particulars by reliable testimony, direct or circumstantial."

3. Tribunals Like NGT Are Subordinate To A High Court ; Conflicting Orders Will Lead To Anomalous Situation: Supreme Court

Case Title: State of Andhra Pradesh vs Raghu Rama Krishna Raju Kanumuru (MP) | CA 4522-­4524 OF 2022

Citation: 2022 LiveLaw (SC) 544

The Supreme Court observed that the Tribunals like National Green Tribunal is subordinate to High Courts.

"There can be no manner of doubt that in such a situation, it is the orders passed by the constitutional courts, which would be prevailing over the orders passed by the statutory tribunals.", the bench comprising Justices B R Gavai observed

4. When Remedy Under Statute Is Available, High Court Should Discourage Writs: Supreme Court Reiterates

Case Title: Kotak Mahindra Bank Limited v Dilip Bhosale| SLP (C) 13241 of 2019

Citation : 2022 LiveLaw (SC) 545

The Supreme Court recently reiterated that when a remedy under the statute is available, filing of a writ petition under Article 226 of the Constitution is to be discouraged by the High Court. The bench of Justices Ajay Rastogi & Vikram Nath rendered this observation while considering SLP preferred by secured creditor assailing Telangana HC's orders passed in a SARFAESI matter.

5. High Courts Not To Enquire If There Is Reliable Evidence While Exercising Section 482 CrPC Jurisdiction : Supreme Court

Case Title: JAGMOHAN SINGH v. VIMLESH KUMAR & ORS.

Citation : 2022 LiveLaw (SC) 546

Reiterating that "the Court interferes in criminal proceedings under Cr. P. C. Section 482, in rare and exceptional cases, to give effect to the provisions of the Cr.P.C. or to prevent abuse of the process of any Court or otherwise to secure the ends of justice", the Supreme Court has stressed that criminal proceedings can be said to be in abuse of the process of court "when the allegations in the FIR do not at all disclose any offence or there are materials on record from which the Court can reasonably arrive at a finding that the proceedings are in abuse of the process of the Court"

The Court has added, "While exercising jurisdiction under Section 482 of the Cr.P.C., the High Court should not ordinarily embark upon an enquiry into whether there is reliable evidence or not. The jurisdiction has to be exercised sparingly, carefully and with caution only when such exercise is justified by the specific provisions of Section 482 of the Cr.P.C. itself."

6.Income, Age, Bigger Family Cannot Be Sole Criteria In Child- Custody Matters : Supreme Court

Case Title: Swaminathan Kunchu Acharya vs State of Gujarat | CrA 898 OF 2022

Citation: 2022 LiveLaw (SC) 547

The Supreme Court observed that income, age , bigger family cannot be the sole criteria to tilt balance in child- custody cases. The bench comprising Justices MR Shah and Aniruddha Bose observed thus while it granted custody of five year boy who lost his parents due to covid to his paternal grandfather.

While agreeing with the submissions made by the appellant-grand father, the court observed:

"There cannot be any presumption that the maternal aunt being unmarried having an independent income; younger than the paternal grandparents and having a bigger family would take better care than the paternal grandparents. In our society still the paternal grandparents would always take better care of their grandson. One should not doubt the capacity and/or ability of the paternal grandparents to take care of their grandson. It is said that the grandparents love the interest rather than the principle. Emotionally also the grandparents will always take care better care of their grandson. Grand Parents are more attached emotionally with grandchildren."

7. NEET PG 2021: Supreme Court Dismisses Plea For Special Stray Round Of Counselling

Case Title: Astha Goel v Medical Counselling Committee | WP(C) 409 OF 2022

Citation: 2022 LiveLaw (SC) 548

The Supreme Court has dismissed the plea seeking a Special Stray Round of counselling for NEET-PG 2021, to allow the candidates to participate for vacant seats available after the conduct of a stray vacant round of AIQ.

A Bench comprising Justices MR Shah and Aniruddha Bose observed, "When a conscious decision has been taken by the Union of India and Medical Council of India for not conducting any special stray rounds of counselling, it cannot be considered arbitrary."

It added, "Quality of medical education cannot be compromised which affects public health. Petitioners are not entitled to relief. Granting the relief now may affect medical Education and health."

Also Read: "You're Playing With Students' Future": Supreme Court To Medical Counselling Committee Over Vacant NEET-PG Seats

NEET PG 2021: MCC Tells Supreme Court It Can't Conduct Special Stray Counselling To Fill Vacant Seats, Will Disrupt Present Academic Year

Supreme Court Updates

1. Supreme Court Refuses To Entertain Nigerian National's Plea Challenging Levy Of Fees For Exit Permits To Her Children

The Supreme Court on Monday refused to entertain a petition by a Nigerian national assailing the levy of fees of Rs 4,34,000/- by the Ministry of Home Affairs and Foreign Regional Registration Office, Bangalore for issuing exit permits to three of her children.

The vacation bench of Justices MR Shah and Aniruddha Bose in which the Nigerian National had also sought for issuance of Exit Permits to all the four children on an immediate basis on setting aside / relaxing the levy of fees asked the petitioner to approach the High Court for grant of the relief.

2. Supreme Court Directs Orissa High Court To Dispose Matters In Which Status Quo Orders Have Been Passed Regarding Mining Licenses Within 6 Months

The Supreme Court on Monday directed the Orissa High Court to decide and dispose of all the matters wherein the order of status quo orders have been passed regarding mining licenses within a period of 6 months.

The vacation bench of Justices MR Shah and Aniruddha Bose issued the directions while considering SLP preferred by M/S Balasore Alloys Ltd assailing Orissa High Court's order of refusing to extend the interim order of status quo.

3.Supreme Court Grants State Of Telangana 2 Weeks To Deposit Rs 2.5 Lakh Cost Imposed While Quashing 100% ST Reservation In Teaching Posts

The Supreme Court on Tuesday granted the State of Telangana 2 weeks to deposit the cost of Rs 2,50,000 which the court had imposed on the State while declaring the GO's issued by the erstwhile state of Andhra Pradesh of providing 100% reservation to the Scheduled Tribe candidates for the post of teachers in the schools in the scheduled areas as unconstitutional.

4.DJS Prelims 2022: Supreme Court Dismisses Pleas Challenging Final Answer Key, Says High Court Has Considered Each & Every Question In Detail

The Supreme Court on Wednesday upheld the Delhi High Court's order of dismissing the writ petitions challenging the final answer keys of Delhi Judicial Service Preliminary Exam, 2022.

While dismissing the petitions preferred by the unsuccessful candidates who were ineligible for the Mains exam, the vacation bench of Justices MR Shah and Aniruddha Bose remarked that the High Court has considered each and every question in detail.

5.Supreme Court Allows Bharat Singh Chauhan To Continue As Secretary Of All India Chess Federation Till August 15

The Supreme Court on Wednesday, as an interim arrangement, allowed Bharat Singh Chauhan to continue as the Secretary of All India Chess Federation till August 15, 2022.

The vacation bench of Justices MR Shah and Aniruddha Bose permitted Chauhan to discharge the duties while taking into consideration the 44th World Chess Olympiad which is scheduled to take place from July 2 to August 10 in India.

6.Supreme Court Issues Notice On Plea Against Disqualification Of Anekal Town Municipal Council Members

The Supreme Court on Thursday issued notice on a SLP preferred by Members of Anekal Town Municipal Council, who were disqualified by the Karnataka State Election Commission, challenging the Karnataka High Court's order of upholding their disqualification.

7.BSP MLAs Disqualification: Plea In Supreme Court Against Rajasthan HC's Refusal To Stay Rajya Sabha Election Result

A Special Leave Petition has been filed before the Apex Court, assailing the order of the Rajasthan High Court refusing to stay the declaration of Rajya Sabha Election results till the disposal of a PIL pertaining to disqualification of the six MLAs in the state. The said MLAs were originally elected as members of Bahujan Samaj Party (BSP) and were later declared by the Speaker of Rajasthan Vidhan Sabha as members of the Indian National Congress (INC).

8.SC Grants Relief To Girl Aggrieved By College's Communication Of Cancelling Her Admission In MBBS Course On Her Failure To Produce C Certificate In NCC Exam

The Supreme Court recently granted relief to a girl who has completed 3 years of MBBS course at MLN college, Prayagraj seeking to not cancel her admission on the ground that she did not possess C certificate in NCC examination. The bench of Justices DY Chandrachud and Bela M Trivedi granted the relief while considering SLP assailing Allahabad High Court's order dated May 13, 2022 ("impugned order").

9.NHAI Best Judge To Decide Which Land To Acquire: Supreme Court Dismisses Plea Against Land Acquisition For Widening NH-161

So far as construction of new highways and widening, development and maintenance of existing highways is concerned, the Supreme Court has observed that "the National Highways Authority of India can be said to be best judge to decide which land to be acquired and which not to be acquired for the purpose of construction of the Highways".

The bench of Justices M. R. Shah and Aniruddha Bose was hearing the SLPs against the April, 2022 decision of the Division Bench of the Telangana High Court whereby it allowed NHAI's writ appeal challenging the April, 2018 judgment of the Single Bench disposing of the writ petition that opposed the action of the NHAI in acquiring the entire lands of the writ petitioners for the purpose of four laning of NH 161, allegedly without acquiring other lands as per the plan allegedly accepted by the competent authority for widening the road.

10.Supreme Court Grants Relief To Student With Learning Disability; Declares She Passed Masters In Design Invoking Article 142

The Supreme Court recently granted relief to a student suffering from a learning disability named "Dyscalculia" by declaring that she has completed the Masters of Design course in the Indian Institute of Technology. A bench comprising Justices Uday Umesh Lalit, S Ravindra Bhat and PS Narasimha invoked the extraordinary powers under Article 142 of the Constitution to grant relief to the candidate.

11.Supreme Court Compounds Attempt To Murder Offence Taking Note Of Marriage Between Accused & Victim's Sister

The Supreme Court recently compounded a case involving the offence of attempt to murder under Section 307 of the Indian Penal Code taking note of the fact that the accused and the victim's sister got married subsequently. A bench comprising Justices BR Gavai and Hima Kohli invoked the powers under Article 142 of the Constitution to compound the offence.

12.S.41A CrPC | Supreme Court Asks Bihar Govt To Consider Framing Guidelines For Arrest Akin To Those Adopted By Delhi Police

The Supreme Court has asked the State of Bihar to look into the guidelines for arrest, keeping in view section 41A of CrPC, akin to those which have been issued by the Delhi Police. It said that the Bihar government may implement the same guidelines with any amendment/ modification, if required, for giving effect to the mandate of section 41A.