Supreme Court Weekly Round-Up [March 21- March 27]

Case Title: Umesh Chandra Yadav V. The Inspector General And Chief Security Commissioner, R.P.F., Northern Railway, New Delhi & Others| Civil Appeal No(S). 1964 Of 2022

Citation : 2022 LiveLaw (SC) 300

The Supreme Court has held that suppression of information relating to a criminal case by a candidate can be ignored in certain situations. The Court observed that competent authority while dealing with the case related to suppression of material information by a candidate in the selection process has to consider nature of post, nature of duties, impact of suppression on suitability and that the power has to be exercised with due diligence.

2. Supreme Court Delivers Split Verdict On Need For Court Permission To Investigate Sec.23 POCSO Offence For Disclosure Of Victim's Identity

Case Title : Gangadhar Narayan Nayak @ Gangadhar Hiregutti versus The State of Karnataka| Criminal Appeal No 451 of 2022

Citation : 2022 LiveLaw (SC) 301

A 2-judge bench of Justices Indira Banerjee and JK Maheshwari of the Supreme Court has delivered a split verdict on the issue whether Section 155(2) of the Code of Criminal Procedure will apply to the investigation of an offence under Section 23 of the Protection of Children from Sexual Offences Act, 2012 (POCSO). As per Section 155(2) CrPC, a police officer cannot investigate a non-cognizable offence without the order of a Magistrate. Section 23 of POCSO relates to the offence of disclosure of the identity of the victim of the sexual offence.

3. Refrain From Interfering In Grant Of Tender Even If It Is Totally Arbitrary Or Malafide ; Instead Relegate Party To Seek Damages: Supreme Court

Case Title: N.G. Projects Limited vs Vinod Kumar Jain | CA 1846 OF 2022

Citation: 2022 LiveLaw (SC) 302

The Supreme Court observed that a Court should refrain from interfering in the grant of tender even if it suffers from total arbitrariness and malafides. It should instead relegate the parties to seek damages for the wrongful exclusion rather than to injunct the execution of the contract, the bench comprising Justices Hemant Gupta and V. Ramasubramanian observed. The court added that the injunction or interference in the tender leads to additional costs on the State and is also against public interest.

4. Insurance Policy Condition Barring Filing Of Claim After Specified Time Period Void As Contrary To Section 28 Contract Act : Supreme Court

Case Title: The Oriental Insurance Company Limited v Sanjesh and Anr| SLP(C) 3978 of 2022

Citation: 2022 LiveLaw (SC) 303

The Supreme Court has observed that a condition in the insurance policy which bars the filing of the claim after the specified time period is contrary to Section 28 of the Indian Contract Act, 1872 ("Act") and thus void. The observation was made by the bench of Justices Hemant Gupta and V Ramasubramanian while dismissing a special leave petition filed by the Oriental Insurance Company assailing Allahabad High Court's order dated September 22, 2021.

5. Acquittal Of Delinquent Employee In A Criminal Case Does Not Debar Employer From Proceeding With Disciplinary Enquiry: Supreme Court

Case Title: State of Karnataka vs Umesh | CA 1763-1764 of 2022

Citation: 2022 LiveLaw (SC) 304

The Supreme Court observed that the acquittal of the delinquent employee in a criminal case does not debar the employer from proceeding with disciplinary enquiry. The bench comprising Justices DY Chandrachud and Surya Kant observed that a Court in the exercise of judicial review of disciplinary proceedings must restrict its review to determine whether:

(i) the rules of natural justice have been complied with;

(ii) the finding of misconduct is based on some evidence;

(iii) the statutory rules governing the conduct of the disciplinary enquiry have been observed;

(iv) whether the findings of the disciplinary authority suffer from perversity;

(vi) the penalty is disproportionate to the proven misconduct.

6. Mere Breach Of Contract Cannot Give Rise To Criminal Prosecution For Cheating: Supreme Court

Case Title: Vijay Kumar Ghai vs State of West Bengal/CrA 463 OF 2022

Citation: 2022 LiveLaw (SC) 305

The Supreme Court reiterated that a mere breach of contract cannot give rise to criminal prosecution for cheating. The court observed that a mere breach of contract is not in itself a criminal offence and gives rise to the civil liability of damages. "Even in a case where allegations are made in regard to failure on the part of the accused to keep his promise, in the absence of a culpable intention at the time of making promise being absent, no offence under Section 420 IPC can be said to have been made out.", the bench comprising Justices S. Abdul Nazeer and Krishna Murari said.

7. Order Allowing Review Petition Must Be Speaking & Reasoned Order As To What Was The Error Apparent On The Face Of Record: Supreme Court

Case Title: Ratan Lal Patel vs Dr. Hari Singh Gour Vishwavidyalaya | | CA 2057 OF 2022

Citation: 2022 LiveLaw (SC) 306

The Supreme Court observed that an order allowing a review petition should be a speaking and reasoned order as to what was the error apparent on the face of the record. "Merely stating that there is an error apparent on the face of the record is not sufficient. It must be demonstrated," the bench comprising Justices MR Shah and BV Nagarathna observed.

8. Avoid Shortcut Approach In Judgments; Courts Must Adjudicate All Issues : Supreme Court

Case Title: Agricultural Produce Marketing Committee Bangalore vs State of Karnataka | CA 1345­-1346 OF 2022

Citation: 2022 LiveLaw (SC) 307

The Supreme Court observed that the courts have to adjudicate on all the issues raised in a case and render findings and the judgment on all the issues involved. Adopting a shortcut approach and pronouncing the judgment on only one issue, would increase the burden on the appellate court and in many cases if the decision on the issue decided is found to be erroneous and on other issues there is no adjudication and no findings recorded by the court, the appellate court will have no option but to remand the matter for its fresh decision, the bench comprising Justices MR Shah and BV Nagarathna observed.

9. Services Rendered By Employee On Work Charge Basis Can't Be Considered For First Time Bound Promotion When He Is Absorbed On A Different Payscale: Supreme Court

Case Title: The State of Maharashtra and another vs Madhukar Antu Patil and another| CA 1985/2022

Citation : 2022 LiveLaw (SC) 308

The Supreme Court has held that the services rendered by an employee on work charge basis can not be considered for the grant of benefit of first time bound promotion if the employee is absorbed in service on a different payscale. A Bench comprising Justice MR Shah and Justice BV Nagarathna also observed that the benefit of Time Bound Promotion scheme shall be applicable when an employee has worked for twelve years in the same post and in the same pay scale.

10. States Have Legislative Competence To Levy Tax On Lotteries Run By Other States : Supreme Court Allows Appeals Of Kerala & Karnataka

Case Title : State of Karnataka and another vs State of Meghalaya and another and other connected cases

Citation : 2022 LiveLaw (SC) 309

In a significant judgment, the Supreme Court has held that State legislatures have the competence to levy tax on the lotteries organized by other states. Holding so, a bench comprising Justices MR Shah and BV Nagarathna allowed the appeals filed by the States of Karnataka and Kerala challenging the judgments of Karnataka and Kerala High Courts which held that they lacked the legislative competence to levy tax on the lotteries organized by other states like Nagaland, Meghalaya and Sikkim.

11. Supreme Court Sets Aside Conviction & Dismissal From Service Of Retired Army Lt General In Alleged Ration Scam

Case Title: Union of India & Ors v Lt Gen SK Sahni| Criminal Appeal 2169 of 2014

Citation : 2022 LiveLaw (SC) 310

The Supreme Court on Wednesday set aside the conviction and dismissal from service of former Lt Gen SK Sahni for allegations relating to procurement of ration by Army purchase organisation. The bench of Justices L Nageswara Rao and BR Gavai set aside the conviction and dismissal of service while considering a criminal appeal preferred by Union of India assailing order dated 10th October 2013 passed by Armed Forces Tribunal, Chandigarh Regional Bench at Chandimandir ("AFT") dated 10th October 2013.

12. Holding License To Run Fair Price Shop Cannot Be Said To Be Holding Civil Post; Article 311 Not Applicable: Supreme Court

Case Title: Manju Sharma v The State of Uttar Pradesh & Ors| Special Leave to Appeal (C) No(s). 3332/2022

Citation : 2022 LiveLaw (SC) 311

The Supreme Court has observed that holding a license to run the fair price shop cannot be said to be holding a civil post. The bench of Justices MR Shah and BV Nagarathna rendered this observation while considering a Special Leave Petition assailing Allahabad High Court's order dated October 22, 2021.

13. COVID-19 Ex-Gratia Compensation: Supreme Court Sets Outer Limit For Filing Claims

Case Title: Gaurav Kumar Bansal V. Union Of India| Interlocutory Application No. 40111 Of 2022 (Application For Directions) In Miscellaneous Application No. 1805 Of 2021 In Writ Petition (C) No. 539 Of 2021

Citation : 2022 LiveLaw (SC) 312

The Supreme Court, on Thursday, set out an outer limit of sixty days to file claims for ex-gratia compensation of deaths due to COVID-19 which had occurred prior to 20.03.2022. For future deaths, a period of 90 days from the death was determined to be proper to file a claim for compensation.

"...we deem it appropriate to fix the outer limit of sixty days from today to file the claims for compensation in case the death occurred due to COVID-19 prior to 20.03.2022. For future deaths, ninety days' time is provided from the date of death due to COVID-19 to file the claim for compensation. The earlier order to process the claims and to make the actual payment of compensation within a period of thirty days from the date of receipt of claim is ordered to be continued."

Also from the order - Making Fake COVID Death Compensation Claim Punishable Under Section 52 DMA; Supreme Court Allows Random Scrutiny Of 5% Claims In 4 States

14. Article 226 - High Court Cannot Direct Regularisation Of Temporary Employees By Creating Supernumerary Posts : Supreme Court

Case Title: State of Gujarat vs R.J. Pathan |CA 1951 OF 2022

Citation: 2022 LiveLaw (SC) 313

The Supreme Court observed that a High Court cannot direct regularisation of temporary employees by creating supernumerary posts. "Such a direction to create supernumerary posts is unsustainable. Such a direction is wholly without jurisdiction", the bench comprising Justices MR Shah and BV Nagarathna observed while setting aside the Gujarat High Court direction to the State to consider the cases of some temporary employees for regularisation sympathetically and if necessary, by creating supernumerary posts.

15. Court Can't Direct Arrest Of Accused Ordinarily While Dismissing Anticipatory Bail Plea : Supreme Court

Case Title: S. Senthil Kumar vs State of Tamil Nadu | | SLP (Crl) 2693/2022

Citation: 2022 LiveLaw (SC) 314

The Supreme Court has observed that a mandatory direction to arrest the accused cannot be issued by a Court ordinarily while rejecting his petition for anticipatory bail. When the prayer for pre-arrest bail is declined, it is for the investigating agency to take further steps in the matter, the bench comprising Justices Dinesh Maheshwari and Aniruddha Bose observed.

16. Court Cannot Grant Additional Time For Acquisition Of Land If Law Does Not Contemplate It: Supreme Court

Case Title: Laxmikant vs State of Maharashtra | CA 1965 OF 2022

Citation: 2022 LiveLaw (SC) 315

The Supreme Court observed that the Court cannot grant additional period for acquisition of land if the law does not contemplate any further period for acquisition. "The land owner cannot be deprived of the use of the land for years together. Once an embargo has been put on a land owner not to use the land in a particular manner, the said restriction cannot be kept open-ended for indefinite period," the bench comprising Justices Hemant Gupta and V. Ramasubramanian observed.

17. Land Acquisition Compensation Cannot Be Determined On The Basis Of Consent Award Passed In Another Acquisition : Supreme Court

Case Title: Special Land Acquisition Officer vs N. Savitha | CA 2052-2053/2022

Citation: 2022 LiveLaw (SC) 316

The Supreme Court bench of Justices MR Shah & BV Navarathna observed that a consent award cannot be the basis to determine the compensation in other acquisition more particularly, when there are other evidences on record.

18. A Litigant Cannot Take Contradictory Stands Before Two Different Courts/Authorities: Supreme Court

Case Title: Premlata @ Sunita vs Naseeb Bee| CA 2055­-2056 OF 2022

Citation: 2022 LiveLaw (SC) 317

The Supreme Court bench of Justices MR Shah & BV Navarathna has observed that a litigant cannot be permitted to take two contradictory stands before two different authorities/courts.

19. Ex Post Facto Environmental Clearance Can Be Granted In Exceptional Circumstances; Environment Protection Act Doesn't Prohibit It : Supreme Court

Case Title: Pahwa Plastics Pvt. Ltd vs Dastak NGO| CA 4795 OF 2021

Citation: 2022 LiveLaw (SC) 318

The Supreme Court has observed that the Environmental Protection Act does not not prohibit grant of ex post facto Environmental Clearance absolutely. The bench comprising Justices Indira Banerjee and JK Maheshwari observed that it should not be granted routinely, but in exceptional circumstances taking into account all relevant environmental factors.

20. Not Every Interpretation Of Law Would Amount To A Question Of Law : Supreme Court Explains Scope Of Appeal Under Section 15Z SEBI Act

Case Title: Securities and Exchange Board of India vs Mega Corporation Limited | CA 2104 of 2009

Citation: 2022 LiveLaw (SC) 319

The Supreme Court bench of Justices LN Rao and PS Narasimha, while dismissing an appeal against an order passed by Securities Appellate Tribunal, explained the scope and ambit of statutory appeal under Section 15Z of the Securities and Exchange Board of India Act, 1992. In this case, the Securities Appellate Tribunal set aside the order passed by the Securities and Exchange Board of India restricting the respondent-company from accessing the capital market for one year and further restraining the promoter directors from buying, selling or otherwise dealing with securities for India. SEBI had held that the Company violated the provisions of the SEBI Act and the PFUTP Regulations.

21. Ayurvedic Doctors Entitled To Be Treated At Par With Allopathic Doctors Under NRHM/NHM Scheme : Supreme Court

CaseTitle: State of Uttarakhand And Ors. v. Sanjay Singh Chauhan And Ors.

Citation : 2022 LiveLaw (SC) 320

The Supreme Court, on Thursday, upheld the order of the Uttarakhand High Court that under the NRHM/NHM Scheme, Ayurvedic Doctors will be entitled to parity in salary with Allopathic Medical Officers and Dental Medical Officers. A Bench comprising Justices Vineet Saran and J.K. Maheshwari refused to entertain the plea challenging the order of the High Court. But, clarified - "However, we may only clarify that the respondents who are Ayurvedic doctors will be entitled to be treated at par with Allopathic Medical Officers and Dental Medical Officers under the National Rural Health Mission (NRHM/NHM) Scheme."

22. Seeking Relief Under Article 226 In Contractual Matters Where There Is Existing Arbitration Clause Is Not An Appropriate Remedy: Supreme Court

The Supreme Court has observed that invoking Article 226 for seeking relief in a contractual matter where there is an existing arbitration clause is not an appropriate remedy and neither can the High Court examine the same. The bench of Justices SK Kaul and MM Sundresh observed the same while considering a civil appeal assailing Gujarat High Court's order dated September 30, 2021.

Supreme Court Updates

1. EWS Issue : Supreme Court To Hear Plea Challenging Validity Of Rs 8 Lakhs Annual Income Criteria In April 2022

The Supreme Court on Monday posted the petitions challenging the validity of criteria of Rupees 8 Lakhs annual income limit as the upper limit for seeking Economically Weaker Sections(EWS) reservation in the All India Quota for NEET admissions.

2. Education Of Indian Students Evacuated From Ukraine Under Centre's Consideration, AG Tells Supreme Court

In relation to petitions filed seeking evacuation of Indians stranded in Ukraine amid the Russian invasion, the Attorney General for India KK Venugopal on Monday submitted that 22,500 Indian students have been evacuated from Ukraine by the Government of India along with nationals from 20 other countries. With regard to the issue of continuation of education of students who have been brought back owing to the Russia-Ukraine conflict, the Attorney General submitted that the Government of India is looking into the issue and will take a decision.

3. 'How Long Will You Keep Him? : Supreme Court Asks Centre On Habeas Plea For 62-Year Old Man's Release From Foreigners Detention Camp

The Supreme Court on Monday considered a habeas corpus petition filed seeking the release of a 62-year old man, who has been detained in a foreigners detention camp for over 7 years, as he could not be deported to Pakistan after the country refused to acknowledge him as its national.

4. Challenge To 27% OBC Reservation In AYUSH PG Admissions : Supreme Court Asks MP High Court To Decide Soon

The Supreme Court on Monday requested the Madhya Pradesh High Court to expeditiously decide the writ petition filed challenging the State Government's policy to increase the reservation for the OBC category from 14% to 27%, for admission in the All India Ayush Postgraduate Entrance Test, 2021.

5. Supreme Court Directs Faridabad Authorities To Help Railways Evict Encroachers; Refuses To Extend Deadline For Evicted Slum Dwellers To Apply Under PMAY

The Supreme Court on Monday refused to extend the timeline granted to slum dwellers who got evicted from railway land in Surat to apply for alternate accommodation under the Pradhan Mantri Awas Yojana (PMAY).

6. 'Legal Issue Is There' : Supreme Court Issues Notice On Plea Challenging ECI's Waiver Of Sikkim CM's Disqualification Period

The Supreme Court on Monday issued notice in a writ petition filed by Vice President of the Sikkim Democratic Front challenging the appointment of the Mr.Prem Singh Tamang as the Chief Minister of Sikkim, and reduction in his disqualification period from 6 years to 1 year. The petition filed by Mr JB Darnal has challenged Section 11-B of the Representation of the People Act, 1951 which provides for removal of disqualifications for being ultra vires, unconstitutional, null and void being violative of Part III of the Constitution of India.

7. Supreme Towers Dispute : Supreme Court Urges Justice Gita Mittal To Finalize Agreement With Builder For Reinforcement Works

The Supreme Court on Monday urged Justice Gita Mittal, former Chief Justice of J&K High Court, to finalize the agreement between the Supreme Court Bar Association Multi-Society Co-operative Group Housing Society Ltd, Supreme Towers Apartment Owners Association(STAOA) and the Purvanchal Constructions, the contractor, in relation to the repair and reinforcement works of the Supreme Tower apartments - the housing society at Noida for Supreme Court advocates.

8. NEET PG Counselling 2021 :Supreme Court To Hear Doctors' Plea To Appear In Mop Up Round On March 25

The Supreme Court on Monday requested assistance of one of the Additional Solicitor Generals in a writ petition referred by doctors seeking permission to appear in the mop up round. The bench of Justices DY Chandrachud and Surya Kant while granting liberty to serve the Central Agencies (Medical Counselling Committee, National Board of Examination and Union of India) in addition adjourned the same for Friday i.e. March 25, 2022.

9. Plea To Create Indian Environment Service : Supreme Court Grants 2 Weeks Time To Centre & UPSC To Respond

The Supreme Court on Monday granted two weeks time to the Central Government and the Union Public Service Commission to respond to the PIL filed seeking creation of an independent" Indian Environment Service as an All India Service. A Bench comprising Justice SK Kaul and MM Sundresh has granted two weeks time to the Union of India, the Ministry of Environment, Forests and Climate Change and the UPSC to place their stand before the Court. The matter will be taken up next on 29th April 2022.

10. Plea To Declare Sports As Fundamental Right : Petitioner Objects To Amicus's Emphasis On "Physical Literacy"

On Monday, the Amicus Curiae, Senior Advocate, Mr. Gopal Sankaranarayanan in a plea, inter alia, seeking directions to the Union Government to form a High-Level Committee to make suggestions on amending Article 21A to include Sports as a Fundamental Right apprised the Supreme Court that a report had been filed by him. In the said report, at the outset, Mr. Sankaranarayanan, upon consultation with various stakeholders, had observed that it is better to adopt an all-encompassing phrase "Physical literacy" instead of the narrower phrase "Sport".

11. Non-Disclosure Of Vaccine Trial Data Preventing Independent Evaluation : Prashant Bhushan Tells Supreme Court

The Supreme Court, on Tuesday, heard the rebuttal arguments of Advocate, Mr. Prashant Bhushan, appearing for the petitioner in a plea, inter alia, seeking directions to the Union Government to publicize the data pertaining to the clinical trials of the COVID-19 vaccines administered in India as per the requirement of the International medical norms. Apart from this, the petition also challenges the vaccine mandates imposed by the States of Madhya Pradesh, Maharashtra, Delhi and Tamil Nadu as unconstitutional. It further seeks revamping of the Adverse Events Following Immunization (AEFI) reporting system, which it claims, to be opaque and flawed. Another issue raised in the petition is the non-disclosure of the clinical trial data of the vaccines administered to children in India.

Also Read: Vaccine Mandates Are Reasonable Restrictions In Larger Public Interest : States Before Supreme Court

'My Right To Not Be Infected Would Outweigh Other's Right Of Not Being Vaccinated': Solicitor General Submits Before Supreme Court In Vaccine Mandate Matter

12. 'DGHS Conducts NEET-SS Counselling' : Tamil Nadu Seeks Correction Of Supreme Court Order Allowing 50% Quota For In-Service Doctors In Super Speciality Courses

On Tuesday, Additional Advocate General for the State of Tamil Nadu, Mr. Amit Anand Tiwari sought correction in the order of the Supreme Court allowing the State of Tamil Nadu to implement 50% reservation for in-service doctors in super speciality courses in NEET-SS admissions for the academic year 2021-2022.

13. Mullaperiyar Dam Case : Supervisory Committee Should Be Reconstituted To Include Technical Members, Kerala Tells Supreme Court [Hearing Day 1]

The Supreme Court on Wednesday began hearing a batch of writ petitions raising safety concerns about the Mullaperiyar dam in Kerala, which is a long-standing dispute between the states of Tamil Nadu and Kerala. State of Kerala told the Supreme Court that Supervisory Committee should be reconstituted to include technical members.

Mullaperiyar Dam Case : Supreme Court Mulls Empowering Supervisory Committee To Pass Orders For Safety; Asks Kerala & Tamil Nadu To Discuss [Hearing Day-2]

Also Read: Kerala Seeks Fresh Review Of Mullaperiyar Dam's Safety By Independent Panel Of Experts

14. Muzaffarpur Shelter Home Case: Supreme Court Seeks Action Taken Report From Bihar Govt On Disciplinary Action Against Erring Cops

In relation to the Muzaffarpur shelter home sexual assault case, Supreme Court on Wednesday directed the State of Bihar to file an action take report regarding action taken pursuant to the recommendations of the CBI to initiate disciplinary proceedings against erring officers and blacklisting of NGOs mentioned above.

Also Read: "Why Sealed Cover?": CJI Ramana Disapproves Again Practice Of Filing Reports In Sealed Covers

15. Supreme Court Allows Registration Of BS-VI Diesel Vehicles Used For Public Utility & Essential Services

The Supreme Court on Tuesday allowed the registration of BS-VI light and heavy diesel vehicles used for public utility and essential services. The Court directed that the authorities should not insist on Court orders for the registration of vehicles in this category. "We are of the considered view that the registration can be permitted for BS-VI light and heavy diesel vehicles used for public utility and essential services. The registering authorities are directed not to insist on any order by this court to be produced for registration of such vehicles", a bench comprising Justice L Nageswara Rao and Justice BR Gavai ordered.

16. Supreme Court Transfers Investigation Of Cases Against Param Bir Singh To CBI

The Supreme Court on Thursday transferred the investigation of the cases against former Mumbai Police Commissioner Param Bir Singh to the Central Bureau of Investigation. A Bench comprising Justices Sanjay Kishan Kaul and M.M. Sundresh allowed the appeal filed by Param Bir Singh and transferred the investigation in 5 FIRs against Singh from Maharashtra Police to the CBI.

Also Read: 'Media Reports Don't Bother Us' : Justice SK Kaul While Hearing Param Bir Singh's Case

17. Supreme Court Agrees To Hear Maharashtra Speaker Election Issue Next Week

The Supreme Court on Thursday agreed to hear next week a plea filed by BJP MLA Girish Mahajan challenging Bombay High Court's order dismissing his PIL against change in Maharashtra Speaker Election Rules. A Bench Comprising CJI NV Ramana and Justice Krishna Murari allowed urgent listing of the matter after it was mentioned by Senior Advocate AM Singhvi on behalf of the State of Maharashtra.

18. Police Officers Good With One Government Face The Heat When Govt Changes : CJI Ramana

The Supreme Court on Thursday issued notice in a petition filed by suspended Additional Director General of Police Gurjinder Pal Singh challenging Chattisgarh High court's refusal to grant him ad interim bail in a case filed against him under the Prevention of Corruption Act for allegations of disproportionate assets. "No question of bail, we'll issue notice" a Bench comprising the Chief Justice of India NV Ramana and Justice Krishna Murari remarked. The Bench has directed the matter to be listed next after 4 weeks. The Chief Justice of India further remarked that when police officers are good with one Government, they have to 'face the heat' when the Government changes.

19. NEET-PG : MCC's Bar On Mop-Up Round Participation For Doctors Who Selected Seats In State Quota Round-2 Counselling Challenged In Supreme Court

A group of doctors have filed a writ petition in the Supreme Court challenging the March 16 notice of the Medical Counselling Committee which bars participation in the mop-up round counselling for NEET-PG admissions if the candidate has picked up a seat in State Quota Round-2 counselling.

20. CJI Refuses To Give Urgent Listing For Pleas Against Hijab Ban In Classrooms; Says 'Exams Have Nothing To Do With This Issue'

The Chief Justice of India on Thursday did not accept a request for urgent listing of the petitions challenging the Karnataka High Court Judgment which held that Hijab is not an essential religious practice of Islam and upheld the ban on wearing headscarves in classrooms.

21. Kashmiri Pandits Group Moves Supreme Court Seeking Probe Into Killings Of Pandits During 1990s

Kashmiri Pandits organization "Roots in Kashmir" filed a curative petition in the Supreme Court today seeking probe into the killings of Kashmiri Pandits during the height of militancy in the valley during the 1990s. The curative petition is filed against a 2017 verdict of the Supreme Court which had dismissed the organization's petition for probe citing long delay.

22. Can Arbitrators Fix Their Fee Without Parties' Consent? Is 4th Schedule The Standard Fee Scale? Supreme Court Considers

The Supreme Court on Thursday considered issues relating to the fixation of the arbitrators fees, especially in arbitrations involving Public Sector Undertakings. The bench of Justices DY Chandrachud, Sanjiv Khanna and Surya Kant was considering arbitration petition filed by the Oil and Natural Gas Corporation (ONGC) on the issue related to the mandatory nature of the 'model' fee scale for arbitrators prescribed under the Fourth Schedule of the Arbitration and Conciliation Act 1996. During the hearing, the bench pondered on solutions such as - (a) parties indicating to the arbitrator the estimated number of sittings before the commencement of proceedings and fixing the fees accordingly; (b) allowing the arbitrator to increase the fees beyond the agreed scale to a certain percentage (say 10%) of the sittings exceed the estimate; (c) allowing the arbitrator to approach the Court for increasing fee beyond the allowable percentage; (d) stopping the practice of splitting a day into different hearings and applying Fourth Schedule scale day wise.

23. 'Forensic Science Labs Need More Personnel, More Expertise' :Supreme Court Expresses Concerns About Delays In FSL Reports

While hearing a matter pertaining to the Heera Gold Exim scam, the Supreme Court, on Thursday, expressed disappointment in the manner the Forensic Science Labs are functioning in the country and in particular the delay on the part of FSL at Telangana in submitting its report in the present matter. "These lab issues have been earlier also flagged by courts. The number of cases that you are bringing out…you need more personnels, more expertise."

24. We Shall Stay All Tribunal Proceedings Unless Govt Wakes Up & Makes Appointments : Supreme Court Warns On Vacancies

On Thursday, while hearing a case pertaining to the Heera Gold Exim scam, the Supreme Court expressed concern over the inability of the Government, which had created tribunals for better disposal of cases, to fill up the staggering vacancies therein.

25. Supreme Court Sets April 30 Deadline For Centre To Decide Death Row Convict Balwant Singh Rajoana's Mercy Petition

The Supreme Court has directed the Central Government to take a call by April 30 with respect to the mercy petition of death row convict Balwant Singh, who has been in jail for over 26 years for the assassination of killing former Punjab Chief Minister Beant Singh. The bench of Justices UU Lalit, SR Bhat and PS Narasimha warned that if an action taken report is not placed before the Court with respect to his mercy petition within the said time limit, the concerned Secretary, Department of Home Affairs, Government of India, and the Director (Prosecution), Central Bureau of Investigation will have to remain personally present along with the concerned records in the Court on May 2, 2022, the next date of hearing.

26. Do Bishops Have Power To Alienate Church Assets? Catholic Dioceses Move Supreme Court Against Kerala High Court Remarks

Two Catholic Dioceses from Kerala have approached the Supreme Court against a judgment of the Kerala High Court which held that Bishops have no power to alienate the church assets and that their powers are confined to religious and spiritual matters. The Catholic Diocese of Thamarassery and Eparchy of Bathery have filed the Special Leave Petitions challenging the remarks made a single bench of the Kerala High Court in the judgment delivered in August 2021 which refused to quash the criminal cases against Cardinal Mar George Alencherry over the sale of properties belonging to Ernakulam-Angamalay Archdiocese.

27. 1987 Road Rage Case :"No Intention To Kill", Navjot Singh Sidhu Opposes Plea To Enhance Sentence; Supreme Court Reserves Judgment

The Supreme Court on Friday reserved its judgment on the review petition preferred by the family of victim Gurnam Singh against its 2018 verdict that had reduced the sentence of Navjot Singh Sidhu to Rs 1000 from 3 years imprisonment in a 1987 road rage accident in which Gurnam Singh had died.

28. NEET-PG 2021 : Supreme Court Dismisses Plea To Reduce Cut-Off Percentile; Says 'Not The Role Of The Court'

The Supreme Court, on Friday, dismissed a plea seeking directions to lower the minimum marks required for admission to NEET-PG 2021 across categories beyond the reduction already notified on 12.03.2022 by National Board of Examination (NBE).

29. "We Need To Promote Youth Of Kashmir; One Girl From J&K Will Become A Doctor" : Supreme Court Affirms HC Direction To Provide Loan For MBBS Course

Highlighting the importance of promoting the youth of Kashmir by educating them, the Supreme Court on Friday dismissed a petition filed by the Union Territory of Jammu and Kashmir against a direction of the High Court for giving loan assistance to a girl for pursuing medical education.

30. Kalkaji Temple : "Urgency Is Navratra; We Trust High Court" : Supreme Court Refuses To Interfere With Delhi HC Order To Evict Unauthorized Occupants

The Supreme Court on Friday refused to interfere in the plea challenging the eviction of unauthorized occupants of Jhuggis and Dharamshalas at Kalkaji Temple. The bench of Justices DY Chandrachud and Surya Kant, while refusing to interfere with the Delhi High Court's order, granted petitioner the liberty to approach the Administrator appointed by the High Court for redressal of grievances.

31. 'It Excludes Advocates With 10 Years Experience' : Plea In Supreme Court Challenges Advertisements For NCDRC & NCLT Members' Appointment

A plea has been filed in Supreme Court seeking setting aside of Advertisement dated October 28, 2021 issued by the Ministry of Consumer Affairs, Food and Public Distribution Department of Consumer Affairs for appointment of "Three Members" in National Consumer Disputes Redressal Commission, New Delhi.

32. Mahatma Gandhi's Great- Grandson Moves Supreme Court Against Gujarat Government's Decision To Redevelop Sabarmati Ashram

The Supreme Court on Friday agreed to hear next week special leave petition filed by Mahatma Gandhi's great-grandson Tushar Gandhi's challenging Gujarat High Court's order dismissing his petition against Gujarat government's decision to revamp/redevelop Sabarmati Ashram in Ahmedabad at the estimated cost of ₹1,200-crore.

33. Supreme Court Refuses To Entertain Hindu Dharma Parishad's Plea Seeking Measures To Monitor Christian Missionaries Activities

The Supreme Court on Friday refused to entertain a petition filed by Hindu Dharma Parishad seeking establishment of a Board to make surveillance and monitor the Christian Missionaries Activities.

34. NEET-MDS| 'Ultimately Course Will Have To Begin' : Supreme Court Dismisses Plea To Extend Internship Deadline

"Ultimately the course will have to begin", the Supreme Court observed while dismissing the NEET MDS 2022 aspirants seeking issuance of fresh notification for extending the period of compulsory internship for NEET MDS.

35. UPSC Exams : Additional Attempts In Mains Not Possible, Centre Tells Supreme Court On Plea By Candidates Who Missed Exam Due To COVID

On a petition by three civil services aspirants, who missed out the papers of the UPSC Civil Services Main Examination due to COVID-19 seeking additional attempt to appear in the exam, Additional Solicitor General Aishwarya Bhati for the Union of India on Friday informed the Supreme Court that on consideration, additional attempts are found not to be possible and that an affidavit stating that position has been filed.

Also Read: No Provision For Re-Examination For Civil Service Aspirants Failing To Appear In Mains Due To COVID : UPSC Tells Supreme Court

Civil Service Aspirants' Plea For Extra Chance In UPSC Mains Due To COVID : 'DoPT Will Have To Decide', Centre Tells Supreme Court

36. 'Bouncers Being Sent To Evict Govt Officers' : Centre Tells Supreme Court Challenging Vacation Orders Against Flats Of Officers Near Khan Market

The Chief Justice of India NV Ramana on Friday expressed astonishment after being informed that bouncers were being sent for eviction of properties occupied by Government Officers. Solicitor General of India Tushar Mehta informed the Court that the Union of India has moved the Supreme Court against an order which has permitted the other party to get the premises occupied by the Government officer vacated. Further, in pursuance of the impugned order bouncers are being sent to vacate the property.

37. Supreme Court Allows Physically Disabled Persons To Apply For IPS, IRPFS, DANIPS Services Provisionally In UPSC Selection Process

The Supreme Court on Friday passed an interim order allowing physically disabled persons, who have cleared the civil services exam, to provisionally apply to the Union Public Service Commission for selection to Indian Police Service, Indian Railways Protection Force Service, & Delhi, Daman & Diu, Dadra and Nagar Haveli, Andaman and Nicobar Islands and Lakshadweep Police Service[DANIPS].

38. Plea Challenging PM CARES Fund Validity : Supreme Court Asks Petitioner To Seek Review Before High Court

The Supreme Court, on Friday, directed the petitioner to file a review before the Allahabad High Court in a plea assailing the order of the said High Court, wherein the challenge to the constitutional validity of the PMCARES Fund and the PMNRF in the light of the Disaster Management Act had been rejected.

39. Unitech Case : Supreme Court Allows Interim Bail To Preeti Chandra To Attend Last Rites Of Grandmother

The Supreme Court on Friday granted one day interim bail to Preeti Chandra, wife of Unitech promoter Sanjay Chandra, on account of the demise of her maternal grandmother on March 14, 2022. The bench of Justice(s) DY Chandrachud and MR Shah has granted interim bail to Preeti Chandra to proceed to a designated place between 10:00AM and 3:00 PM either on March 26, 2022 or April 5, 2022 and return back to jail on the same day after ceremonies are conducted.

40. RSS Member Has Locus Standi To File Complaint U/s 499 IPC Against Defamatory Article About Organization : Supreme Court Upholds Kerala HC Verdict

The Supreme Court on Friday upheld Kerala High Court's order wherein it was observed that complaint filed by the State Secretary of the Rashtriya Swayamsevak Sangh (RSS) against a defamatory article published in a newspaper about the RSS is maintainable under Section 499 of the Indian Penal Code (IPC).

41. Supreme Court Restrains Tripura Police From Acting Against 4 People For Tweets On Tripura Riots

The Supreme Court on Friday restrained Cyber Cell of Tripura police from taking any action in furtherance of notice u/s 41A of CrPC, 1973 against 4 people who had tweeted against the violence in Tripura.

42. Supreme Court Refuses To Quash Case Against Kitex MD Sabu Jacob Over Worker's Accidental Death In Factory

The Supreme Court on Friday upheld Kerala High Court's order of refusing to quash the case registered against Kitex Garments Private Limited MD, Sabu M Jacob over accidental death of a worker at the factory. The bench of Justices DY Chandrachud and Surya Kant dismissed the Special Leave Petition filed by Kitex MD Sabu M Jacob assailing Kerala High Court's order dated February February March 18, 2022 passed by the bench of Justice Ziyad Rahman AA.

43. 'Supreme Court Not Meant To Take Care Of Parking' : SC On Plea Against Traffic Woes In Najafgarh

While disposing of a contempt petition in a plea, inter alia, seeking directions regarding the illegal parking of vehicles in Najafgarh area, the Supreme Court, on Friday, remarked that it is not in a position to micromanage authorities and monitor the traffic, road and parking situation of such a vast country.

44. 'She Will Threaten Witnesses, Tamper With Evidence And Abscond If Bail Granted' : CBI To Supreme Court In Bail Plea Filed By INX Media Co-founder Indrani Mukerjea

The Central Investigation Agency had filed its counter affidavit opposing the bail application filed by Indrani Mukerjea (petitioner). Preliminarily, it noted that the petitioner had not shown any new grounds entitling her to bail, especially when there was sufficient evidence to establish the serious allegations levelled against her.

45. Convict Undergoes 10 Yrs Custody Though Sentence Was For 7 Years : Supreme Court Seeks Explanation From Chhattisgarh Govt

The Supreme Court has sought explanation from the State of Chattisgarh as to why a convict had to undergo custody for 10 years, although the sentence imposed by the Court was seven years imprisonment. The petitioner had approached the Supreme Court saying that despite undergoing the full sentence of 7 years rigorous imprisonment, he has not been released from the jail. In fact, the records revealed that he had undergone 10 years 03 months and 16 days of custody. After the Supreme Court issued notice, the petitioner was released from jail.

46. NSEL v 63 Moon Technologies : 1000s Of Crores Remain To Be Paid, Investors Group Tell Supreme Court

"Till Date Investors Are Waiting To Be Repaid, 1000's Of Crores Remains To Be Paid and Only 5% Out Of 5k-6k Crore Has Been Paid," NSEL Action Investors Group told Supreme Court in the SLP preferred by the State of Maharashtra and NSEL Investors Action Group assailing Bombay High Court's order of freeing attachment of assets of 63 Moons Technologies.

Also Read: Supreme Court Commences Hearing Pleas Against Lifting Attachment Of Properties Of 63 Moon Technologies

47. Judgment Holding UGC Regulations To Be Binding On State Universities Ignored Earlier Precedent? Supreme Court To Examine

While issuing notice in a petition challenging the appointment of the Vice-Chancellor of APJ Abdul Kalam University in Kerala, the Supreme Court observed that its recent judgment, which held that UGC regulations are binding on State Universities even though they are not expressly adopted by the State Government, did not discuss an earlier judgment which took a contrary view.

48. Supreme Court Faults HC For Granting Compensation For Medical Negligence In PIL Without Hearing Treating Doctors

The Supreme Court recently set aside Allahabad High Court's order directing the State of Uttar Pradesh to pay a compensation of Rs 25,00,000/- on a finding of gross medical negligence on the part of doctors of S.R.N. Medical College which had resulted in the death of a 25 years old man. A bench of Justices UU Lalit, S Ravindra Bhat and PS Narasimha set aside the order dated November 14, 2019 on the ground that it was passed in a PIL and that adverse findings were arrived at without making any of the treating doctors parties to the proceedings.

49. Whether Product `Nimbooz' Can Be Classified Under Item `Lemonade' Or `Fruit Pulp Or Fruit Juice Based Drinks': Supreme Court To Consider

The Supreme Court recently agreed to consider whether the product `Nimbooz' can be classified under item `Lemonade' and/or as `fruit pulp or fruit juice based drinks' for the purpose of Central Excise levy. The bench of Justices MR Shah and BV Nagarathna agreed to consider the question while issuing notice in the civil appeal assailing the order dated October 1, 2021 passed by the Customs,Excise And Service Tax Appellate Tribunal Regional Bench At Hyderabad.

50. Disability Rights - Suggestions Invited For Draft Guidelines To Ensure Access For Disabled In Colleges, UGC Tells Supreme Court

The University Grants Commission has informed the Supreme Court that it has published draft guidelines to ensure access for persons with disabilities in higher educational institutions and has invited suggestions from stakeholders.