Supreme Court Weekly Round-Up

Rape-Murder of 7 year old- Death penalty commuted

The Supreme Court has commuted the death penalty imposed by the Trial Court and the High Court on Kamlesh @Ghanti who was found guilty of raping and murdering a seven year old girl. Three Judge Bench comprising Justice Ranjan Gogoi, Justice Prafulla C. Pant and Justice Uday Umesh Lalit upheld the conviction of the accused under Section 376A, 302, 201, 363 and 366A of the Indian Penal Code.

Murder of Wife, 5 Minor Kids acquitted By 2:1 majority

Supreme Court of India on Friday, acquitted Dhal Singh Dewangan, who was sentenced to death by the Chhattisgarh High Court for killing his wife and five minor children by a 2:1 Majority. Justices Ranjan Gogoi and UU Lalit has set aside the High Court judgment that confirmed the death penalty imposed by the District and Sessions Court of Durg holding thatthe prosecution, on the basis of admissible evidence on record, has not proved its case against the appellant. Justice Prafulla C Pant dissented. He upheld the conviction and awarded Life term for the Accused.

Plea against Madras HC Order Barring Publishing of Judges, Lawyers’ Names in News Items dismissed

A two-judge Bench of the Supreme Court on Friday dismissed a Special Leave Petition challenging the Madras High Court (Madurai Bench) by which it is has directed the Registrar (Administration) to immediately circulate instructions to all print, electronic and media houses not to publish the names of the lawyers appeared in the case, as part of news item. The Bench also directed the Registrar (Administration) to request the print, electronic and media houses not to publish individual names of the judges unless it is so essentially required.

Ruchika Molestation Case: Rathod’s Conviction upheld jail term reduced

The Supreme Court on Friday, while upholding the conviction of former DGP of Haryana SPS Rathore in molestation case of tennis player Ruchika Girhotra, accorded relief to him by reducing his sentence from one and half years to the sentence already served. 

Dishonour of Cheque Issued As Security for Repayment of Loan Covered U/S 138 of NI Act

The Supreme Court on Monday held the dishonour of a post-dated cheque given for repayment of loan instalment, which is also described as “security” in the loan agreement, is covered by Section 138 of the Negotiable Instruments Act, 1881.

Search Engines directed to ‘Autoblock’ Search on Pre-Natal Sex Determination

The Supreme Court on Monday observed that internet search engines Microsoft, Google and Yahoo! are under obligation to see that the “doctrine of autoblock” is applied within a reasonable period of time to prohibit any attempt to search any keyword pertaining to pre-natal sex determination.

1997 Amendment to Indian Contract Act Operates Prospectively

The Supreme Court in UNION OF INDIA & ANR. Vs. M/S INDUSIND BANK LTD., held that the 1997 amendment to the Indian Contract Act, which made certain agreements covered by Section 28(b) of the Act void, operates prospectively.

Not Able To Do the Impossible Is Not Contempt Of Court

The Supreme Court on Monday termed a High Court order which convicted a person for civil contempt, as “deplorable”. The three-judge Bench also observed that it would not be fair on the part of a court to give a direction to do something which is impossible and if a person has been asked to do something which is impossible and if he fails to do so, he cannot be held guilty of contempt.

Plea for a New Body for Judges Appointment dismissed Saying It Cannot Amend Constitution

The Supreme Court on Tueday dismissed a PIL by National Lawyers’ Campaign for Judicial Transparency and Reforms which sought a new mechanism for the appointment of Judges in High Courts and Supreme Court outside the control of the judiciary and the executive saying “we cannot amend the constitution”.

Hiring Of Middlemen to Get Farmers’ Land for Cooperative Society Can’t Be Allowed

The Supreme Court in R. RAJASHEKAR AND ORS. VS. TRINITY HOUSE BUILDING CO-OPERATIVE SOCIETY AND ORS., observed that the concept of hiring middlemen to get lands of poor agricultural workers acquired by the state government in favour of a Cooperative Society is abhorrent and cannot be granted the sanction of law.

Centre Directed to Scrutinise IFCI Irregularities

Disposing of a petition by the Centre for Public Interest Litigation, the Supreme Court directed the Union Government to ensure a due and proper scrutiny into allegations of administrative and financial irregularities in Industrial Financial Corporation of India (IFCI) by (i) serious frauds investigation officer; (ii) Reserve Bank of India; and (iii) Security and Exchange Board of India (SEBI).

Review Petition in Arunachal Pradesh President’s Rule Case rejected

A five-Judge bench on Tuesday dismissed in chambers, the review petition filed by the former Speaker of Arunachal Pradaesh assembly, NabamRebia, against the judgment delivered by the same bench on 13 July. The bench also rejected Rebia’s prayer for an open court hearing of his review petition.

Dual Licenses Not Needed For Playing Songs in Public Events

The Supreme Court in International Confederation of Societies of Authors and Composers (CISAC) vs. Aditya Pandey & Ors, upheld a Delhi High Court order which had held that event organisers need not secure a licence from lyricists and musicians for playing the song in public even after it has paid for the broadcasting of the song to sound recording company. The Supreme Court upheld the Delhi High Court order in view of the fact that the suit was filed in 2006, before introduction Sub-Section 10 of Section 19 of the Copyright Act. 

SC for Stricter Penalties for Death Due To Negligent Driving

The Supreme Court on Wednesday underlined the need to strictly curb road accidents caused due to negligence. The court directed the Centre to consider stricter penalties for mishaps that occur due to rash and negligent driving as the current provisions were found to be inadequate to deter such nonchalance causing grave consequences. 

Interim Relief for Mumbai Dance Bars

In a big interim relief for dance bars in Maharashtra, the Supreme Court on Wednesday temporarily allowed those of which had been granted license to carry out their business without implementing some clauses of the new law brought in by the state government, which the apex court found were “weird and ridiculous” like CCTV in dance performing areas and ban on serving of liquor.

All Roads Cleared For Maharashtra’s Law CET

The legal hurdle to conduct a Common Entrance Test for law aspirants in Maharashtra is over with the Supreme Court dismissing the case against it. On Tuesday, a bench comprising justices Madan B Lokur and RK Agarwal dismissed an appeal against a Bombay High Court verdict that gave a nod to conducting the exam. 

SC Remains Committed To NEET

The court on Thursday ruled that counselling conducted by private medical and dental colleges in states will stand nullified and seats can only be filled through NEET. 

Notice To Shahabuddin on Plea by Bhushan, State Challenging His Bail

The Supreme Court on Monday issued notice to Bihar’s gangster-turned politician Mohammad Shahabuddin on petitions filed by activist lawyer Prashant Bhushan and the Bihar state government challenging the bail given to him by the Patna High Court.

CBI asked to proceed with its probe into Journalist murder

On Friday, the Court asked the CBI to proceed with its probe into the murder of ‘Dainik Hindustan’ journalist Rajdev Ranjan. It also asked the Bihar police to provide protection to his family that has claimed threat to life from RJD leader and gangster Mohammed Shahabuddin. 

PIL Seeking Nationwide Liquor Ban

A Public Interest Litigation has been filed in the Supreme Court seeking prohibition of liquor and other intoxicating drinks and drugs in all the states in spirit of the Article 47 read with the Article 21 of the Constitution. BJP leader and Delhi based lawyer Ashwini Kumar Upadhyay echoed concerns related to alcohol abuse and its ramifications on public health and safety.

Review Petition against SC Verdict

The mother of deceased Soumya filed a review petition in the Supreme Court against the judgment acquitting Govindachami of murder charges.

Maggi Stocks to Be Destroyed? SC to decide

The Supreme Court will soon decide if the Maggi samples lying in over 39 locations in the country should be destroyed. The central government and Nestle India asked the court’s permission to destroy stocks of Maggi noodles which had been recalled/seized/ stopped.

PIL for Effective Steps to Tackle Chikungunya, Dengue

The Supreme Court agreed to hear on September 26, a public interest litigation filed by a doctor seeking effective steps to control the widespread outbreak of diseases like Chikungunya and dengue in Delhi.

PIL Seeks Probe into Agusta Deals with State Govts: Centre’s Reply sought

A PIL has been filed in the Supreme Court by TS Singhdeo and Nitin Sinha seeking probe in purchase deals executed by five states – Chhattisgarh, Jammu & Kashmir, Punjab, Rajasthan and Jharkhand. The Bench comprising Justice Dipak Mishra and Justice Nagappan on Friday has asked the Centre to reply.

Cauvery Management Board within 4 weeks

Justices Dipak Misra and Uday Umesh Lalit asked the Union of India to constitute the Cauvery Management Board within four weeks.

AMU VC appointment under SC Scanner

The appointment of a person of non-teaching background who was also an ex-Army officer as the Vice Chancellor of prestigious AMU has come under the scanner of the Supreme Court.

SC Stays Mandatory Use of Aadhaar for Scholarship Schemes

All Bengal Minority Students Council moved the Supreme Court in a civil writ petition in which Gopala Gowda and Adarsh Kumar Goel, JJ directed Ministry of Electronics and Information to remove Aadhaar number as a mandatory condition for student Registration form at the National Scholarship Portalon the government’s website.