Supreme Court Weekly Round Up

[Week commencing April 27 to May 2, 2020]

Legal Flaws On The Mandatory Imposition Of Aarogya Setu App

The extension of the "nationwide lockdown" by another two weeks has brought with it a slew of further directions under the National Disaster Management Act. Many of these directions exacerbate the problems pointed out in previous posts. For example, unlike previous directions, this one actually does impose a physical curfew (between 7PM and 7AM), and directs local authorities to pass necessary orders implementing it. This particular direction lies at the intersection of rule by executive decree...

[Column] 'Dispute Resolution As A Service And The New Normal': By CS Vaidyanathan, Senior Advocate

The people have a huge stake in the integrity and independence of the judiciary. In the system of checks and balances, the judiciary as the sentinel on the qui vive has to be ever alert and vigilant to any transgression of the Constitutional limitation by the executive or the legislature. The people have reposed immense faith and trust in the institution of judiciary, because of the watchful role played thus far in a fair and transparent manner. The lawyers have played an active and...

[NDPS Act] Actual Drug Content Or Total Mixture Amount : Why SC Decision In 'Hira Singh' May Need Reconsideration?

Any NDPS practitioner or their client cannot emphasise enough on the question as to whether it is the total quantity of material seized or the actual drug content by weight in the seized material which decides if the quantity involved in an offence is a small, intermediate or commercial quantity. The answer to this question is pivotal mainly because of two reasons - it decides whether or not the rigour of Section 37 which applies for offences involving commercial quantity will be at play...

'Govt Duty Bound To Act Fairly In Matters Of Appointment Of Govt Law Officers': Allahabad HC Quashes Order Disengaging District Govt Counsels [Read Judgment]

The Allahabad High Court on Wednesday quashed several Government Orders disengaging the District Government Counsels in the State. Separate orders were passed in each of the seven writ petitions, unvaryingly observing that the impugned Government Orders were bad in law for "total non-application of mind". "We have examined the records and after being satisfied that the record...

Lodging Of Petitioners In Quarantine Centre To Avoid Spread Of Covid-19 Impact Is Not Illegal Confinement: Punjab & Haryana HC [Read Order]

The Punjab and Haryana High Court has elucidated that a person kept in quarantine by the authorities due to the COVID-19 pandemic cannot be said to be in "illegal confinement/ detention". The bench of Justice Lalit Batra thus dismissed a Habeas Corpus petition filed for release of two residents of Assam and Bihar respectively, who had been quarantined by the authorities in Haryana,...

Lockdown Phase 3 : Dos And Don'ts In Red, Orange And Green Zones [Read Guidelines]

The Union Ministry of Home Affairs issued on Friday a fresh set of guidelines for the third phase of nationwide lockdown, which will remain in effective for two weeks from May 4.Based on risk profiling, areas will be classified as Red (hotspot), Green and Orange Zones. Considerable relaxations are permitted in Green and Orange Zones.Criteria for ZonesThe criteria for identification of...

[Breaking] Centre Extends Nationwide Lockdown For 2 Weeks From May 4

The Central Government has extended the for a further period of two weeks beyond May 4, with "considerable relaxations" in green and orange zones.The announcement was made by the Ministry of Home Affairs, two days ahead of the day for the end of the second phase of lockdown."After a comprehensive review, and in view of the Lockdown measures having led to significant gains in the...

Tax Authorities Can't Give Their Own Interpretations To Legislative Provisions On Perception Of Trade Practices : SC [Read Judgment]

There is no concept of 'constructive delivery' of goods under the Central Sales Tax Act, 1956, and inter-state movement of goods will terminate only when physical delivery is taken.

Section 4(5) Of Gratuity Act Applies Only When There Are Options For The Employee Under The Act & Under Contract With Employer : SC

In a notable judgment in the field of gratuity law, the Supreme Court held that Section 4(5) of the Payment of Gratuity Act, 1972 will apply only when there are alternative options for the employee under the Act and under the terms of contract with the employee.The Court also held that the employee must taken either of the packages completely, and there cannot be any "combination" of terms...

Managements At Liberty To Deduct Wages Of Workers Who Remain Absent In Areas Where Lockdown Has Been Lifted :Bombay HC [Read Order]

The Bombay High Court(Aurangabad bench) on Thursday allowed employers to deduct wages of workers who remain absent from work in areas, where the lockdown has been lifted.While refusing to interfere with the direction issued by Ministry of Home Affairs on March 29 regarding full payment of wages to employees during lockdown, Justice R V Ghuge clarified as follows :"It is clarified that since...

Breaking : Prashant Bhushan Moves SC For Quashing Of FIR Registered By Gujarat Police

Advocate Prashant Bhushan has filed a writ petition in the Supreme Court seeking to quash the FIR registered against him by Gujarat police alleging hurting of religious sentiments. The matter is listed tomorrow before bench comprising Justices Ashok Bhushan and Sanjiv Khanna.The FIR was registered over the critical comments made by Bhushan in twitter against Union Minister Prakash...