Supreme Court Weekly Round-Up

Accused Can’t Claim Unfettered Right To Inspect Case Diary

Rejecting the plea of an accused facing trial to produce certain pages of police diary obtained by him through RTI for the purpose of contradicting the police officer, the Supreme Court in Balakram vs. State of Uttarakhand, reiterated that the accused cannot claim unfettered right to inspect the case diary.

Plea To Incorporate Sikh History In School Syllabus Across India Rejected

The Supreme Court rejected a plea to incorporate detailed life history and teachings of all 10 Sikh Gurus along with Guru Granth Sahib in syllabus of all classes in history books for teaching.

Reinstate Senkumar As DGP: SC To Kerala Govt

In a major verdict, the Supreme Court on Monday ordered the Kerala government to restore the services of ousted DGP T P Senkumar holding that his removal was arbitrary and not as per established law.

Formula One Racing Income Taxable In India

In a major victory for the Tax department, the Supreme Court upheld a Delhi High Court ruling, which had held that Formula One World Championship (FOWC) had a permanent establishment (PE) in India and, therefore, the income accrued will be taxable in India.

A Non-Voluntary Confession Can’t Form Basis Of Conviction: Accused In Hindu Munnani Activist Murder Case Acquitted

The Supreme Court ON Thursday set aside conviction of accused of murdering a Hindu Munnani Activist in Madurai. The Bench comprising Justice Pinaki Chandra Ghose and Justice RF Nariman held that the sanction order was illegal and hence the criminal proceedings for prosecution under the TADA Act are vitiated entirely and that TADA court grossly erred in taking cognizance of the case.

For Adding Additional Accused (S.319 CrPC) Strong Evidence On His Complicity Required

The Supreme Court, in Brijendra Singh vs State of Rajasthan, observed that the degree of satisfaction to exercise power under Section 319 CrPC to summon persons not arraigned as accused is more than the degree warranted at the time of framing of the charges against others in respect of whom charge sheet was filed.

Acquittal For 498A Will Bar Prosecution To Use 113A Presumption To Prove Abetment To Suicide (306IPC)

The Supreme Court, in Heera Lal vs State of Rajasthan, held that in a case of suicide of wife, acquittal of the relatives or husband under Section 498A IPC will bar prosecution to use presumption available under Section 113A of the Evidence Act prove abetment to suicide under Section 306IPC.

Courts Can’t Relegate Parties To Arbitral Tribunal After Having Set Aside The Award

The Supreme Court, in Kinnari Mullick vs. Ghanshyam Das Damani, held that Section 34 (4) of the Arbitration and Conciliation Act 1996, does not empower the court to relegate the parties before the Arbitral Tribunal after having set aside the arbitral award in question.

No Judicial Review In Decision To Not Exempt Goods From Excise Duty Levy

The Supreme Court, in M/s Mangalam Organics Ltd vs Union of India, held that a writ of mandamus cannot be issued to the Central Government directing it to issue a notification under Section 11C of the Central Excise Act, 1944, to the effect that duty payable by the manufacturer on goods manufactured by it shall not be paid.

Herding Together Of Candidates Who Had Resorted To Malpractice And Others Who Did Not, For Re-Examination, Not Invalid

The Supreme Court in Gohil Vishvaraj Hanubhai vs. State of Gujarat, upheld a Gujarat High Court judgment which had approved the state decision to conduct fresh examination to the post of Revenue Talati, allowing all those who participated in the earlier examinations irrespective of their involvement in malpractice, to take part in re-examination.

In A Civilized Society Male Chauvinism Has No Room, A Woman Has Her Own Space As A Man Has In Society

Supreme Court of India on Friday observed that a woman has her own space as a man has in our society. A three Judge Bench of  Justices Dipak Misra, A.M. Khanwilkar and Mohan M. Shantanagoudar was considering an appeal filed by Accused against his conviction for abetment to suicide of a girl because of his continuous harassment and eve teasing. 

Not Giving Primacy To CJI’s Opinion On Appointments Does Not Make The Lokpal Act Unconstitutional

Dismissing the challenge against constitutionality of certain provisions of the Lokpal and Lokayuktas Act, the Supreme Court held that the Constitution does not mandate that in all matters concerning the appointment to various offices in different bodies, primacy must be accorded to the opinion of the Chief Justice or his nominee.

Curative Petition In Saumya Rape And Murder Case Dismissed

A Six Judge Bench of Supreme Court of India dismissed the curative petition filed by Government of Kerala in Saumya rape and murder Case. The Bench of Chief Justice JS Khehar, Justices Dipak Misra, J Chelmeswar, Ranjan Gogoi, Prafulla C Pant and UU Lalit held that no case is made out within the parameters indicated in the decision of the court in Rupa Ashok Hurra vs Ashok Hurra & Another

Man Sent To Jail For Not Paying Rs 50L As Per Undertaking To Court

The Supreme Court Bench led by Chief Justice J S Khehar sent a Delhi-based man to Tihar jail till Monday after he failed to deposit Rs 50 lac with court Registry despite an undertaking to court in a landlord-tenant dispute.

Bihar Toppers’ Scam: Accused’s Custody Duration Not Court’s Concern In Serious Offences

When the seriousness of the offence is such, the mere fact that he was in jail for however long time should not be the concern of the Courts, the Supreme Court said, while holding that bail cannot be granted on the sole ground that accused was in custody for a long time.

Gunner Suicide: Notice To Centre On Plea By Journalist Against Invocation Of Official Secrets Act

The Supreme Court on Monday issued notice to the Centre and Army on a petition filed by a journalist  booked under Official Secrets Act (OSA) by Nashik police in connection with the suicide of Lance Naik Roy Mathew who figures in her sting video related to the controversial sahayak(buddy) system in the Army.

SC Asks Husband To Provide Rs. 50 Lakh Amount, Rs. 1-cr Flat To ‘Cruel’ Wife

The Supreme Court directed a husband to provide his wife Rs. 50 lakh amount and a flat worth Rs. 1 crore, even though it held that the acts of the wife in filing false complaints against the husband amounted to cruelty.

2006 Meerut Fire: Justice Sinha Report Forwarded To UP Govt To Decide Compensation

The Supreme Court on Wednesday ordered handing over of the probe report submitted by former judge Justice S B Sinha on the 2006 Meerut fire which claimed 60 lives, which fixed responsibilities and liabilities on the state government and the organizers, to the Uttar Pradesh government for it to take a stand on disbursement of compensation.

Fine of Rs 1.4 Crore Imposed On Two Doctors For Providing Medical Asylum To Ex MLA

Sending a strong message to medical fraternity who provide medical asylum to VVIP accused, the Supreme Court on Tuesday awarded a fine of Rs 1.4 crore on two doctors for admitting an Ex- MLA, a murder accused, in their hospital for 527 days without any ailment in a contempt case. 

SC Strikes Down Exclusive Power To Affiliate Conferred On Himachal Pradesh University

The Supreme Court struck down Section 3(6a) of the Himachal Pradesh Private Medical Educational Institutions (Regulation of Admission and Fixation of Fee) Act 2006, as unconstitutional and held that the private unaided college under Maharishi Markandeshwar University cannot be insisted to get affiliation from Himachal Pradesh University.

Centre’s Curative Petition In Manipur Killings Case Dismissed

After exhausting every legal option to undo the Supreme Court’s ruling in the Manipur killings case, the government now has to mandatorily probe every allegation of an extra-judicial killing. On Thursday, the apex court dismissed a curative writ petition filed by Union of India and declined its plea for an open court hearing.

Lokpal Act A Workable Legislation: No Need To Keep It Pending: SC To Centre

Strongly pushing for appointment of a Lokpal, the Supreme Court on Thursday said the existing Lokpal Act is a workable piece of legislation and there was no justification to keep its operation pending.

SC Asks Centre To Speed Up Process For Anti-Torture Law

With an observation that it is an issue of international reputation and the government has to deal with it expeditiously, the Chief Justice of India-led bench asked the Centre to speed up the process to take a decision for the enactment of anti-custodial torture law.

Sabarmati Train Blast: Former AMU Scholar Gets Bail From SC

The Supreme Court granted bail to former AMU Scholar Gulzar Ahmed Wani, an accused in the 2000 Sabarmati Express train blast case, who suffered incarceration for over 16 years.

PIL For Cleaning Up Yamuna Transferred To NGT

After hearing it for 23 years, the Supreme Court on Monday transferred to the National Green Tribunal a public interest litigation seeking de-polluting of river Yamuna and a complete clean up.

SC Accepts Rs. 2,000-Cr Cheques By Subrata Roy On Conditions

The Supreme Court on Thursday granted relief to beleaguered Sahara Group boss Subrata Roy, but warned him that he would be sent back to jail if cheques given by him today are not realised by June 19.

SC Notice To Centre, Tamil Nadu On An Appeal Against NGT Order On Kudankulam Nuclear Project

The Supreme Courts issued notice to Centre and Tamil Nadu government on an appeal filed by an environmental activist against the National Green Tribunal’s order dismissing his plea which has challenged the clearance given to four units under the Kudankulam Nuclear Power Project.

Fill Vacant Police Posts In Time-Bound Manner: SC Tells UP, 5 Other States

Observing that filling up of the vacancies over 1.5 lakh in the police force would help in dealing with the law and order problem in the state, the Supreme Court directed the Uttar Pradesh government to fill the posts in four years.

Meticulously Follow New Pro-Disabled Laws: SC To States

In major direction pertaining to the implementation of Rights of Persons with Disabilities Act 2016, the Supreme Court on Tuesday directed all states and Union Territories to ‘scrupulously’ follow the new law and the rules.

Keep A Strict Tab On Working Of NGOs: SC To Centre

The Supreme Court on Wednesdsay asked the Centre to examine enacting a law to regulate government funds for NGOs and prosecute them in case of misuse, misappropriation of funds or non-filing of annual statements.

Judges’ Allocation In Andhra And Telangana: Centre Directed To Prepare Draft guidelines In Consultation With High Court

The Supreme Court, in a plea by the Telangana Judges’ Association directed the Centre to prepare draft guidelines in consultation with High Court on allocation of Judges.

Pellet Guns: SC Asks J&K HC Bar Association To Initiate Talks With Stakeholders

The Supreme Court said it can direct Centre against use of pellet guns but can petitioner Jammu and Kashmir High Court Bar Association (JKHBA) give an undertaking that there will be no stone pelting on the valley.