Supreme court weekly Round Up-3 (Jan 18-22)

Judgments

Section 6 Dowry Prohibition Act explained

Supreme Court on Tuesday held that giving of dowry and the traditional presents at or about the time of wedding does not in any way raise a presumption that such a property was thereby entrusted and put under the dominion of the parents-in-law of the bride or other close relations so as to attract ingredients of Section 6 of the Dowry Prohibition Act. The Three judge bench comprising of Chief Justice T.S. Thakur, Justices A.K. Sikri and R. Banumati made this observation in Bobbili Ramakrishna Raju Yadav vs. State of Andhra Pradesh.

Complainant cop involvement in investigation is not fatal

The Supreme Court of India on Tuesday, held that an accused is not entitled to acquittal merely because the complainant, apparently a police officer, was involved in the investigation of the complaint against the accused. The Apex Court bench comprising of Justices V. Gopala Gowda and UdayUmeshLalit made this observation in Surender @ Kala vs. State of Haryana.

No need to invite public tender for purchasing important defence equipment

A Division bench of the Supreme Court held on Wednesday that the Centre is not required to invite public tenders for purchase of strategically and critically important apparatus used in defence equipment. The subject matter involved in the case at hand was submarine batteries required for the Indian Navy.

SARFAESI cannot be used to evict tenants

In a significant ruling, Supreme Court of India held that the provisions of the SARFAESI Act cannot override the provisions of the Rent Control Act. Apex Court Bench comprising of Justices V. Gopala Gowda and Amitava Roy, in Vishal N. Kalsaria vs. Bank of India, said that non obstante clause as in section 35 of the SARFAESI Act cannot be used to bulldoze the statutory rights vested on the tenants under the Rent Control Act.

Lifting of corporate veil in mining lease cases

A two judge bench of the Supreme Court comprising of Dave & Goel JJ in State of Rajasthan & Ors v Gotan lime stone khanjiudyogpvt. Ltd. &anr. On Thursday held that lifting of corporate veil shall also apply to cases where transactions relating to transfer of mining leases are involved. The bench speaking through Goel J held that even where the transactions separately viewed are prima facie legal, the Court shall lift the veil to test their true nature.

Sufficiency of injury to cause death crucial

The Supreme Court held that the sufficiency of injury to cause death must be proved to sustain a conviction under Section 302 of Indian Penal Code and that cannot be inferred from the fact that death has taken place. Three Judge Bench comprising of the Chief Justice, T.S. Thakur, Justices A.K. Sikri and R. Banumati, in Nankaunoovs State of UP, modified conviction of an a person who was convicted for murder as that under Section 304 Part 1 IPC.

Other news

The Supreme Court on Monday, asked the Delhi Police Commissioner to file a report on the steps taken on the complaint of death threats filed by Naushad Ahmed Khan, president of the Indian Young Lawyers Association whose women members filed a PIL for gender equality regarding entry into the Sabarimala shrine.

A five Judge Constitution Bench of the Supreme Court on Monday sought Attorney General MukulRohatgi’s assistance to decide whether Sikhs are a minority in Punjab. It also appointed Senior Advocate T.R. Andhyarujina as amicus curiae.

The Apex Court on Monday stayed the execution of two death row prisoners, convicted for rape and murder of a minor and a young executive in separate incidents in Mumbai and Delhi. A Bench comprising Chief Justice of India T.S. Thakur, Justice A.K. Sikri and Justice R. Banumathi issued notices to the Delhi and Maharashtra Governments on appeals filed by Vinod alias Chhotu and Prakash Nishad, respectively.

In a setback to celebrated author Arundhati Roy, the Supreme Court today refused to stay a criminal contempt notice issued by the Bombay High Court against her for her article in a weekly magazine questioning the continued incarceration of Delhi University professor G N Saibaba.

Eighteen days after panel headed by former Chief Justice R M Lodha made public the sweeping changes it recommended in the structure, management and functioning of the Board of Control for Cricket in India (BCCI) the Supreme Court on Friday, agreed to hear a plea filed by the complainant Cricket Association of Bihar (CAB) seeking implementation of the report. A bench headed by Chief Justice of India T S Thakur said that the date of hearing would soon be decided after the counsel for CAB mentioned the matter for urgent hearing.

In the first major development after the Apex Court declared the National Judicial Appointments Commission unconstitutional in October last year, the Supreme Court collegium has recommended Judges to occupy the post of Chief Justice for seven High Courts.