Supreme Court Weekly Round-Up

Arbitration Proceedings After The Imposition Of Moratorium Under S.14 Of Insolvency And Bankruptcy Code Is Non Est In Law

In Alchemist Asset Reconstruction Company Limited v. M/s Hotel Gaudavan Private Limited, the Supreme Court bench comprising of Justices Rohinton Fali Nariman and Sanjay Kishan Kaul held that arbitration proceedings instituted after the imposition of moratorium under Section 14 of the Insolvency and Bankruptcy Code, 2016  is non est in law.

Deemed Universities Are Not Justified In Introducing Engineering Courses Through Distance Mode In The Absence Of AICTE Guidelines

The Supreme Court of India on Friday held that the Deemed Universities are not justified in introducing Engineering Courses through distance education mode, in the absence of AICTE Guidelines expressly permitting them.

Every Case Filed Against Acquittal Should Mention Period Of Custody Undergone By Accused

In a recent order, the Supreme Court directed the Registry to ensure that all cases filed before it against an acquittal must mention the period of custody undergone by the accused.

Legal Heirs Of Deceased Complainant Can Prosecute Complaint

In Chand Devi Daga vs Manju K Humatani, the Supreme Court upheld a high court judgment that allowed legal heirs of the complainant to prosecute the petition before the high court.

Constitution Bench Issues Guidelines On Fixation Of Future Prospects For Deciding Motor Accident Claims

A Five Judge Constitution Bench of the Supreme Court on Tuesday issued guidelines on fixation of future prospects for deciding compensation in motor accident claims.

Election Commission Shall Not Appoint Officers With Pending Disciplinary Proceedings In Key Positions

The Supreme Court, on Monday, directed the Election Commission of India (ECI) to not appoint officers who have disciplinary proceedings against them at key posts in the upcoming Assembly elections in Gujarat.

Maharashtra Forest Dept. Rule Mandating Graduation To Be Prerequisite Of Examination For Promotion Declared Unconstitutional

A division bench of the Supreme Court, comprising Justice Kurian Joseph and Justice R Banumathi on Friday examined the question of whether an education qualification, set as a prerequisite for a candidate to be deemed eligible to take part in an examination intended to serve as a benchmark for the grant of promotion, could be said to be in contravention of Article 14 and 16 of the Constitution

SC Orders Hadiya’s Production To Know Her Mind

In a major development in the sensational Hadiya case, the Supreme Court on Tuesday directed that hadiya shall be produced before it to ascertain if she, an adult, had married Shafin Jahan out of her own free will after her conversion.

 Murder Of Activist Amit Jethwa: SC Cancels Former BJP MP Solanki’s Bail, Orders Re-Examination Of Witnesses

While considering an application for the cancellation of bail granted to former BJP MP Dinubhai Solanki, the Supreme Court bench of Justices AK Sikri and Ashok Bhushan on Monday directed the re-deposition of eight eyewitnesses and the detention of Dinubhai Solanki, the prime accused in the murder of RTI activist Amit Jethwa, in custody during the course thereof.

SC Suspends All Engineering Degrees Obtained Between 2001 & 2005 Through Distance Courses From 3 Universities; Those After 2005 Cancelled

The Supreme Court suspended the Engineering degrees granted between 2001 and 2005 to all graduates through distance learning by JRN Rajasthan Vidyapeeth, Rajasthan (JRN), Institute of Advanced Studies in Education, Rajasthan (IASE) and Allahabad Agricultural Institute, Allahabad (AAI).

 Veere Di Wedding Vs Veere Ki Wedding: SC To Hear Anil Kapoor’s Transfer Petition, Stays Suit Proceedings In Haryana Court

The Supreme Court on Friday stayed proceedings in Make My Day Entertainment vs Anil Kapoor Film Co Pvt Ltd and Others, which was pending before a civil judge (senior division), Rohtak.

12 Crore Fine On Faridabad Hospital: SC Constitutes Committee To Check Adherence To Environmental Norms

The Supreme Court, on Monday, constituted an eight-member committee to check adherence to the environmental clearance granted to the super-specialty hospital and Harijan Residential School, which were slapped with a fine of Rs. 12 crore by the National Green Tribunal in August, 2015.

Aadhaar: How Can A State Challenge A Law Passed By Parliament? SC Asks Mamata Govt.

The Supreme Court, on Monday, berated the Mamata Banerjee-led West Bengal Government for challenging the constitutional validity of the Aadhaar Act under Article 32 of the Constitution of India.

 Will Standardize Format To Disclose Income, Assets & Expenditure Of Parties In Alimony Cases: SC

The Supreme Court, on Monday, agreed to standardize a format requiring parties to disclose their as well as dependents’ income, assets and expenditure in alimony cases.

Satyam Ltd-Venture Global Arbitration Dispute Referred To Larger Bench Due To Divergence Of Opinion

The high profile arbitration dispute between the erstwhile Satyam Computer Services Ltd (now Tech Mahindra Ltd, after acquisition) and Venture Global Engineering LLC referred to a larger bench of the Supreme Court in view of divergent opinions expressed by Justice Jasti Chelameswar and Justice Abhay Manohar Sapre.

Jayalalithaa Death: Plea Against One-Man Probe Panel Dismissed

The Supreme Court dismissed a plea against the decision of Madras High Court which upheld the validity of an inquiry commission set up by Tamil Nadu government to probe the death of former Chief Minister and AIADMK leader J Jayalalithaa.

SC Gives Centre 6 Weeks To Frame A Scheme To Set Up Special Courts To Try Politicians Facing Criminal Charges

The Supreme Court bench of Justices Ranjan Gogoi and Navin Sinha on Wednesday directed the Centre to frame a scheme for setting up special courts exclusively to deal with criminal cases involving political persons on the lines of the Fast Track Courts (FTCs).  The FTCs were set up by the Central Government for a period of five years and extended further.   The FTCs have now been discontinued.

Widespread Vector Borne Diseases: SC Asks Centre To Apprise Of Steps Taken For Solid Waste Management

Taking serious note of the increasing number of deaths caused by vector-borne diseases like dengue and chikungunya, the Supreme Court, on Wednesday, directed the Centre to apprise it of the steps taken for solid waste management in the country.

SC Fine Tunes Under Trial Review Committees

Following its concern that a large number of under trial prisoners are still languishing in prisons across the country, the Supreme Court bench of Justices Madan B.Lokur and Deepak Gupta, on October 31 reviewed the functioning of the Under Trial Review Committees.

Can Courts Rely On Parliamentary Standing Committee Reports? SC Reserves Its Judgment

The Supreme Court’s Constitution Bench comprising the Chief Justice Dipak Misra, and Justices A.K.Sikri, A.M.Khanwilkar, D.Y.Chandrachud and Ashok Bhushan, on Wednesday reserved its judgment on whether courts could rely on Parliamentary Standing Committee reports, without violating the privileges of Members of Parliament.  The bench heard the counsel for seven days in the case, Kalpana Mehta v Union of India, and asked them to submit their written submissions within a week.

“Interlocutor” To Deal With Art 35 A Issue, Says AG; SC Gives Centre Three Months Time

The Supreme Court on Monday adjourned the hearing on a slew of petitions challenging Article 35 A which conferred special rights and privileges to citizens of the Jammu and Kashmir after Attorney General K K Venugopal for the Centre said an interlocutor has been appointed who is dealing with it.

 Gandhiji’s Great Grandson Opposes Plea For Re-investigation In Gandhi Murder Case

The Supreme Court on Monday adjourned for four weeks a plea seeking re-investigation into Mahatma Gandhi’s assassination after amicus curiae senior advocate Amrendra Sharan sought more time to inform the court about the legal position on the issue.

Centre Restrained From Taking Action Against ED Officer Rajeshwar Singh

The Supreme Court restrained the Centre from initiating any action against Enforcement Directorate (ED) officer Rajeshwar Singh, who has been investigating the Aircel-Maxis in 2G and  Sahara cases based on anonymous complaints against him.

SC Constitution Bench Begins Hearing On Delhi Govt Vs Centre Power Tussle

A five-judge Constitution Bench of the Supreme Court on Thursday commenced the much-awaited hearing on a batch of petitions pertaining to power tussle between Delhi’s Arvind Kejriwal government and the Centre.

14 Petitions Relating To ‘Demonetisation’ Referred To Constitution Bench

Supreme Court of India on Friday referred 14 petitions relating to ‘demonetisation’ for the consideration of the Constitution Bench.

Specify Deadline For Aadhaar Linking To Bank A/C & Mobile Number In SMSs To Avoid Panic: SC; Related Pleas Referred To Constitution Bench

The Supreme Court court on Friday ordered banks and mobile service providers to specify the deadline of December 31, 2017 and February 8, 2018 for linking their bank account and mobile number with Aadhaar respectively in their messages to consumers to avoid a situation of panic and scare.