Supreme Court Weekly Round-Up

Death Penalty For Nirbhaya Convicts Upheld

Supreme Court of India on Friday upheld the Death penalty of convicts in Nirbhaya Rape and Death Case. The Judgment was passed unanimously by Justices Dipak Misra, R Banumathi and Ashok Bhushan. Justice Banumati wrote a separate but concurring Judgment.

Word ‘Payable’ In Section 40(A) (Ia) Of Income Tax Act Also Covers Amount Actually ‘Paid’

The Supreme Court, in Palam Gas Service vs Commissioner of Income Tax, held that though the word used in Section 40(a) (ia) of the Income Tax Act, is ‘payable’,   it would also cover the situations where the amount is already paid, but no advance tax was deducted thereupon.

Only Wakf Tribunal Can Decide Whether A Property Is Wakf Or Not

When the main question involved in the suit is whether the suit land is a Wakf property or not, it can be decided only by the Wakf Tribunal, and not by the civil court, the Supreme Court held in Rajasthan Wakf Board vs Devki Nandan Pathak.

Non-Compliance By Accused To Give Footprints Can’t Be Sole Basis Of Conviction

The Supreme Court, in State of UP vs. Sunil, held that non-compliance by the accused of direction of the court to give his footprints for corroboration of evidence cannot be entertained as the sole basis of conviction, though it may lead to adverse inference.

No Limitation Period For Execution Of Preliminary Decree For Partition

The Supreme Court, in Venu vs Ponnusamy Reddiar, held that there is no limitation period for the execution of preliminary decree for partition.

Vacancies To Posts Of Appellate Tribunal For Foreign Exchange Must Be Advertised

The Supreme Court held that the vacancies of chairperson and members of the Appellate Tribunal for Foreign Exchange (ATFE) require to be mandatorily advertised before those are filled up. 

Subsequent Purchasers/Successors Entitled To Seek Declaration That Land Acquisition Proceedings Have Lapsed

The Supreme Court, in GNCTD vs Manav Dharam Trust, held that subsequent purchaser, assignee, successor in interest, power of attorney, etc., are all persons who are interested in compensation/land owners/affected persons in terms of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (RFCTLARR) Act, 2013, and such persons are entitled to file a case for a declaration that the land acquisition proceedings have lapsed by virtue of operation of Section 24(2) of the Act.

Benefits Of Beneficial Legislations On Child/Juvenile Care & Protection Shall Be Extended To All Categories Of Children

In significant stride, the Supreme Court on Thursday issued guidelines to protect and augment the rights and welfare of children and for the proper implementation of beneficial legislations like The Commissions for Protection of Child Rights Act, 2005, The Right of Children to Free and Compulsory Education Act, 2009, The Protection of Children from Sexual Offences Act, 2012 and The Juvenile Justice (Care and Protection of Children) Act, 2000

Cheque Bounce: ‘Compensation’ Recoverable From Accused Even If ‘Default Sentence’ Has Been Suffered

The Supreme Court, held that compensation ordered by the court would be recoverable even though a default sentence has been suffered. A bench comprising Justice RF Nariman and Justice Navin Sinha upheld a Kerala High Court decision that had approved the order of magistrate by invoking Section 421 CrPC issuing a distress warrant against the accused for realising compensation ordered in a cheque bounce case but for different reasoning.

SC Refuses To ‘Review’ Death Penalty On Man Who Raped 4-Yr-Old Child

The Supreme Court refused to review the death penalty awarded to a man found guilty of raping a 4-year-old kid. A three-judge bench, comprising Justice Dipak Misra, Justice RF Nariman and Justice UU Lalit, dismissed the review petition filed by Vasanta Sampat Dupare against dismissal of the appeal against confirmation of death penalty by the high court.

Suspension Orders Against 8 BHU Students Revoked : Asks University To Conduct Special Exams For Them

The Supreme Court on Thursday revoked suspension orders against eight students by Banaras Hindu University (BHU). A bench comprising Justice Dipak Mishra, Justice Khanwilkar and Justice MM Shantanagoudar  also asked the university administration to conduct special examinations for the students by July 30, 2017, so that they may take the third semester examinations they were not allowed to take earlier because for their suspension.

SC Slams Kerala Govt For Delay In Re-Appointing Senkumar As ĐGP: Imposes 25k Cost For Seeking Modification Of Order

Pulling up Kerala government for the delay in re-appointing T P Senkumar as DGP despite its order on April 24, the Supreme Court on Friday refused to admit a plea filed by the state for a modification/clarification and imposed a cost of Rs 25,000. 

SC Orders Medical Examination Of Justice Karnan

A Seven Judge Constitution Bench of Supreme Court of India on Monday ordered the medical examination of Justice Karnan, who is facing contempt proceedings. The Bench has found that he is not in a position to defend himself now.

Exemplary Costs Of Rs. 5 Lakhs Imposed For Abuse Of Judicial Process

The Supreme Court recently ordered the Haryana State Cooperative Labour and Construction Federation Ltd. to pay exemplary costs of Rs. 5 lakhs for “abuse of judicial process”.

Plea To Stay Designation Of Senior Advocates Rejected

The Supreme Court on Tuesday rejected an application that sought an order to stay the process of designating senior advocates in the apex court. A bench of Justice Ranjan Gogoi and Justice Navin Sinha was was hearing senior advocate Indira Jaising’s plea to stay the process for designation of senior advocates in the apex court and also seeking guidelines for the same.

SC Tells Essar To Pay Rs. 1,038.27 Cr To Gujarat Govt

The Supreme Court dismissed the appeal by Essar Steel India Ltd. against the Gujarat High Court judgment directing it to pay electricity duty amounting Rs. 1,038.27 crores to the Gujarat government.

Triple Talaq Case: Salman Khurshid’s Impleadment Application Allowed

The Apex Court has allowed Senior Advocate Salman Khurshid’s impleadment application as a Respondent in the Triple Talaq case. The Bench comprising Chief Justice J.S. Khehar, Justice D.Y. Chandrachud and Justice S.K. Kaul has also permitted him to file written submissions within two days, despite the fact that the time for filing such submissions in the matter has already expired.

LLB Certificates Verification: Complete Verification Within 8 Weeks Or Face Contempt: SC To University VCs

Taking a tough stand against the universities for not complying with its earlier order, the Supreme Court warned them to complete the verification of LLB certificates within 8 weeks or else the Vice Chancellor will have to appear in court to face contempt charge.

Right To Reject Medical Treatment: SC Asks Govt. To Consider

The Supreme Court on Monday refused to entertain a PIL as to whether a patient has right to reject medical treatment and pharmaceuticals but referred it to health ministry for taking a view on it .

SC Imposes Exemplary Cost Of Rs. 25 Lakh On Suraz Trust For Wasting Judicial Time

For wasting judicial time, the Supreme Court imposed exemplary cost of Rs. 25 lakh on NGO Suraz India Trust for filing 64 cases in various high courts and also in the apex court.

SC Allows Plea Against Mandatory #Aadhaar For APP Exam After OPSC Agrees To Remove The Condition

The Supreme Court allowed an Advocate’s petition against the demand for mandatory Aadhar details while applying for the post of Assistant Public Prosecutor (APP) after Orissa Public Service Commission (OPSC) agreed to remove the condition.

SC Orders Probe Into Molestation Case Against Hissar Jail Superintendent

Observing that “just because he is jail superintendent, we can’t ignore his side”, the Supreme Court ordered a probe into the Hissar jail superintendent’s claim that he was at home at the time as alleged in the complaint in a molestation case against him.

Promotion Rule interpreted

Interpreting a service rule which required “five years’ regular service ‘in the respective regions’” to be qualified for promotion, the Supreme Court, in MM Thomas vs Union of India, has held that it only means the candidates should have served in the respective regions where they were posted earlier and the region where they seek promotion all together for five years

Claimants income from compassionate appointment not to be deducted

The Supreme Court in National Insurance Co. Ltd. Vs. Rekhaben, has held that the income from compassionate employment granted to the claimant is not liable to be deducted from the compensation amount

Tomorrow Somebody Will Ask For Making Sanskrit Mandatory: SC While Rejecting Plea For Making Hindi Compulsory In Schools

The Supreme Court on Thursday rejected a PIL filed by a Delhi BJP leader which sought a direction to the Centre to make study of Hindi compulsory for all students of Classes I-VIII telling him to approach the government directly as “his party was in power”.

 Notice To Kerala On TN Plea For Implementation Of Court’s Verdict On Mullaperiyar Dam

Chief Justice of India (CJI) JS Khehar’s bench issued notice to Kerala on Tamil Nadu government’s plea accusing the former of not allowing its officials to maintain Mullaperiyar dam.