Supreme Court Weekly Round-Up

Refuses to quash cheque bounce case against Director of a company

The Supreme Court has reiterated that a Director cannot get a Section 138 Negotiable Instruments Act complaint against him quashed under Section 482 of Code of Criminal Procedure, merely on the ground that apart from the basic averment no particulars are given in the complaint about his role. 

SC allows review of its Judgment quashing ‘NEET’ for Medical Courses

A Five Judge Constitution Bench of Supreme Court of India on Monday recalled its 2013 Judgment which declared Medical Council of India’s (MCI) and Dental Council of India’s (DCI) notification for holding common entrance test called National Eligibility Entrance Test (NEET) for MBBS, BDS and post-graduate medical courses is ultra vires the Constitution.

 Pallav Seth allowed to settle securities Scam case with Canara Bank

Supreme Court allowed Pallav Seth to settle securities Scam case with Canara Bank. Apex Court Bench comprising of Justices Dipak Misra and Shiva Kirti Singh directed Mr. Seth, to pay the decretal amount with interest calculated at the rate of 12% per annum (in place of 18% per annum) from 20th June, 1992 with adjustment of Rs.20, 00,000/- already paid in 2003, in two instalments payable in three months and six months’ time respectively.

Police slammed over attack on Kanhaiya inside Patiala house courtroom

 The Supreme Court on Monday, orally observed that the demand for an independent enquiry into allegation that JNU Students Union President KanhaiyaKumar accused of sedition was attacked inside the patiala house courtroom on February 17 was “justified”.

State Govt. cannot reserve any Mining Area for exploitation by State owned Companies without the approval of Centre

A Three Judge Bench of Supreme Court of India held that if the State Government proposes to reserve any Mining area for exploitation by the State owned corporation or company, it must resort to making of such reservation in terms of Section 17A of the Mines and Minerals (Development and Regulation) Act, 1957 with the approval of the Central Government and by a notification specifying boundaries of the area and mineral or minerals in respect of which such areas will be reserved.

Munsiff-Magistrate selection fiasco

Supreme Court of India on Tuesday adjourned the hearing in a Petition filed by High Court of Kerala, seeking permission to fill up the existing vacancies in the cadre of Munsiff-Magistrates in the State.

The Supreme Court bench hearing the case pertaining to alleged irregularities in Delhi Judicial Service (Mains) Exam 2014 asked the Delhi High Court to respond to suggestions submitted by NGO Centre for Public Interest Litigation to improve the exam system in the future and prevent allegations of favouritism.

AG asked to examine Amicus K KVenugopal propositions

The process initiated by the Supreme Court to deliberate on setting up National Courts of Appeal in cities like Kolkata, Mumbai and Chennai to hear appeals from high courts took one step forward with the Chief justice-led bench asking Attorney General MukulRohatgi to respond to eleven propositions submitted by amicus curiae K K Venugopal on the directions of the court.

Validity of Section 8(2) of Delhi School Education Act upheld

The Supreme Court upheld the validity of Section 8(2) of the Delhi School Education Act which requires the managements of the private unaided schools to obtain prior approval for disciplinary proceedings against its employees.

Entry of Women cannot be banned based on Traditions which are against the Principles of the Constitution

The Supreme Court today reiterated its opposition to the ban on entry of women into Kerala’s famous hill shrine of Sabarimala saying that denying the right to enter and pray cannot be justified on the basis of traditions which violated constitutional principle.

Do not grant loans Recklessly, SC to banks

The Supreme Court on Tuesday, reminded the Reserve Bank of India that it had a duty to keep a tight vigil on banks to ensure that they do not grant loans recklessly.

BJP leader murder: conviction of 6 upheld

The Apex Court upheld the conviction of six accused of murder of a BJP leader in Trichy by the Madras High Court. The Bench comprising of Justices Pinaki Chandra Ghose and Amitava Roy, however acquitted one accused who was convicted by the High court.

On Locus to maintain appeal under Article 136

A two Judge Bench of the Supreme Court of India on Wednesday held that it may not be possible to strictly enumerate as to who all will have locus to maintain an appeal before the Supreme Court invoking Article 136 of the Constitution of India, it depends upon the factual matrix of each case, as each case has its unique set of facts.