Supreme Court Weekly Round-Up

Defendant Can’t Object To Mere Withdrawal Of Suit By Plaintiff

The Supreme Court, in Anil Kumar Singh vs Vijay Pal Singh, held that defendant has no right to compel the plaintiff to prosecute the suit by opposing the withdrawal of suit sought by the plaintiff except to claim the cost for filing a suit against him.

 Insufficient Evidence: SC ‘Acquits’ Man Who Has Been In Custody For 17 Years In Murder Case

The Supreme Court, in a very brief non-reasoned order, set aside concurrent conviction in a murder case and ordered release of the accused who has been in custody for 17 years.

Auction Purchaser Can Challenge Before DRT Action Of Secured Creditor In Forfeiting Deposit Made By It

The Supreme Court, in Agarwal Tracom Pvt Ltd Vs Punjab National Bank, held that an action of secured creditor in forfeiting the deposit made by the auction purchaser is a part of the measures taken by the secured creditor under Section 13(4) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.

 Insurer Has No Liability Once There Is Breach Of Condition Of Insurance Policy

The Supreme Court, in MS Middle High School Vs HDFC Ergo General Insurance Co Ltd, upheld a high court judgment which held that once there is breach of condition of insurance policy, the liability cannot be fastened on the insurer.

Independent Proceedings Against Validity Of Trademark Not Maintainable If The Issue Is Abandoned In Infringement Suit

The Supreme Court settled an important question of law in the Trademarks Act, in its decision in Patel Field Marshal Agencies Ltd vs PM Diesels Ltd and others. A division bench of Justice Ranjan Gogoi and Justice Navin Sinha dealt with the interplay between sections 46  & 56 on one hand, and sections 107 & 111 on the other hand of the Trade and Merchandise Marks Act 1958.

Stop Filing Writ Petitions On Same Subject Or Get Punished For Contempt: SC Tells A Man Who Filed 16 Petitions

The Supreme Court of India cautioned a man that he will be liable for punishment for contempt if he files yet another petition similar to 16 petitions he filed before Allahabad High Court.

 How Can Guidelines Be Issued When There Is An IPC Provision? SC On its Section 498A Guidelines

The Supreme Court, on Wednesday, expressed qualms over the correctness of its judgment in the case of Rajesh Sharma v. Union of India, wherein it had issued a new set of guidelines to prevent misuse of Section 498A of the Indian Penal Code.

 Can HC Review President’s Decision Rejecting Mercy Petition Of Death Convict: SC Issues Notice On Centre’s Plea In Sonu Sardar Case

The Supreme Court issued notice on the Centre’s special leave petition against the Delhi High Court’s judgment commuting death sentence of Sonu Sardar.

Ban On Convicts Forming Political Parties: SC Notice To Centre, ECI

The Supreme Court on Friday issued notice to the Centre and the Election Commission of India (ECI) on a PIL seeking a ban on convicted persons from forming a political party and becoming office-bearer of the party.

After A Decade, SC Clears Legal Confusion Caused By HC & Lets The Trial Begin

The Supreme Court, while solving the legal conundrum created by two orders passed on the same day in two criminal revision petitions on the same matter, by the same judge of high court, expressed its regret on such a confusion causing more than a decade’s delay in even the criminal trial commencing.

SC Slaps Cost On Litigant Who Filed Incomprehensible English Translation Of Judgment

The Supreme Court slapped costs on a litigant who filed unofficial and incomprehensible English translation of Rajasthan High Court judgment, which was penned in Hindi.

2011 I-T Dept Circular On Not To File Appeals Before HC Where Tax Impact Is Less Than Rs.10 Lakh Applies To Pending Matters Also

The Supreme Court, in Director Of Income Tax vs SRMB Dairy Farming (P) Ltd, clarified that the Income Tax administrative circular, providing for appeals not to be filed before the high court(s) where the tax impact was less than Rs. 10 lakh, would apply even to pending matters, but subject to the two caveats provided in CIT Central-III vs Surya Herbal Ltd.

SC Issues Notice On Petition Challenging “Jury System” Under Parsi Marriage And Divorce Act

The Supreme Court, on Friday, issued notice to the Centre on a Petition challenging several provisions of the Parsi Marriage and Divorce Act, 1936. A Bench comprising Justice Kurian Joseph and Justice Dipak Gupta was hearing a Petition filed by Ms. Naomi Sam Irani, who has challenged the Constitutional validity of Sections 18, 19, 20, 21, 24, 30, 32(a), 46, 47(b) and 50 of the Act. The Petition alleges that the impugned provisions are violative of Articles 14 and 21 of the Constitution of India.

SC Issues Notice On Petition Challenging Finance Act Provisions On Tribunals, Including NCDRC

The Supreme Court, on Monday, issued notice on a Petition challenging the Constitutional validity of provisions of the Finance Act, 2017 which confer “unbridled and unguided powers to the Central Government” to provide for qualifications and conditions of service of members of various tribunals, especially the National Consumer Disputes Redressal Commission (NCDRC). The matter has now been listed for 8 December.

Padmavati Row: SC Warns “Persons Holding High Offices” Against “Pre-Judging” The Movie

The Supreme Court on Tuesday took serious note of “people holding high public offices” making adverse comments on controversial Bollywood movie ‘Padmavati ” starring Deepika Padukone and directed by Sanjay Leela Bhansali  when the film’s clearance is pending before the CBFC, the censor board.

CJAR Plea For SIT Probe Into Medical Admission Scam; Imposes Cost Of Rs 25 lakhs Dismissed

The Supreme Court on Friday dismissed a plea filed by Campaign for Judicial Accountability and Reforms seeking Special Investigation Team (SIT) probe into an alleged Medical Council of India (MCI) bribery case and imposed a cost of Rs 25 lakhs on it.

Notice To Centre On Plea For Countrywide Ban On Crackers, Make Import Of Electric/Hybrid Cars Cheaper

The Supreme Court on Friday issued notice to the Centre on a plea filed by four infants led by Arjun Gopal seeking a complete ban on fireworks across the country and a slew of other measures to curb pollution and sought response within four weeks.

SC Declines To Interfere With NCDRC Order On ‘Surf Excel’ Scholarship Advertisement Case

The Supreme Court, in Maharaj Singh v Hindustan Lever Ltd (Hindustan Unilever Ltd) in Special Leave Petition (Civil) Diary No(s). 36072/2017, declined to interfere with the reversal order passed by the National Consumer Disputes Redressal Commission (NCDRC) wherein it had rejected claims made by claimants, who alleged that HUL was running a fraudulent scholarship scheme under the Surf Excel brand. Advocate Namit Saxena appeared for the petitioner, while HUL was represented by former attorney general Ashok Desai.

SC Raps Centre For Relying On Private Books Instead Of Official Publications

The Supreme Court criticized the practice adopted by the Union of India in relying private books for ‘the purpose of defeating the rights of citizens’.

SC Directs Schools To Spread Awareness About The Dangers In ‘Blue Whale Game’

Disposing of a plea seeking ban of Blue Whale game, the Supreme Court directed all the states and Union Territories to spread awareness in the schools run by them so as to make aware the children about the danger such games propagate by bringing people into a trap.

SC Issues More Directions On Road Safety- Formulate Road Safety Policy & Road Safety Cells By Jan 31, Road Safety Fund & Action Plan By March 31.

The Supreme Court, on Thursday, issued guidelines to reduce the number of deaths that occur as a result of road accidents. The Bench comprising Justice M.B. Lokur and Justice Deepak Gupta was hearing a PIL filed by Dr. S. Rajaseekaran, who is the Chairman and Head of Department of Orthopaedic Surgery, Ganga Hospital, Coimbatore.

SC Raps Centre For Seeking More Time To Update Assam NRC 1951, Indo-B’desh Border Fencing

The Supreme Court bench of Justice Rajan Gogoi and Justice Rohinton Nariman pulled up the Centre for slow progress in issues like updating the National Register of Citizens (NRC) and fencing of Indo-Bangladesh border.

 PIL Against Appointment Of Rakesh Asthana As CBI Spl Director Dismissed

The Supreme Court on Tuesday dismissed a PIL filed by NGO Common Cause which challenged the appointment of Rakesh Asthana as Special Director of the CBI.

Plea By Bengaluru Woman Claiming To Be Jayalalithaa’s Daughter Dismissed

A Supreme Court division bench, led by Justice Madan B Lokur, dismissed a plea filed by a woman claiming to be the biological daughter of the late Jayalalithaa, former Chief Minister of Tamil Nadu, saying the petition under Article 32 cannot be maintained.

SC Reserves Judgment On Correctness Of Questions In 2009 UP Social Science TGT Recruitment Exam

The Supreme Court bench of Justice Madan B Lokur and Justice Deepak Gupta on Wednesday reserved its judgment on the appeals challenging the Allahabad High Court judgment dated November 2, 2015, upholding the correctness of 5 out of the 7 allegedly inaccurate multiple choice questions in the examination conducted by UP Secondary Education Selection Board in pursuance of a January 2009, advertisement inviting applications for appointment to 604 posts of trained graduate teachers in the subject of Social Science.

SC ‘Hopes’ Proposed Law To Deal With Destruction Of Properties DuringBandhs/Hartals/Agitations Will Be Brought Into Force Soon By Centre

The Supreme Court expressed its hope that the proposed central law to deal with all issues of bandhs/hartals/agitations and consequent destruction of private and public property, will be brought into force within a reasonable time.

 SC Seeks Attorney General KK Venugopal’s Help In PIL On Autonomy To Election Commission of India

Seeking assistance of Attorney General KK Venugopal in a PIL for complete autonomy to the Election Commission of India (ECI), the Supreme Court asked petitioner-advocate Ashwini Upadhyay to serve a copy of his petition to the government’s senior-most law officer.

Air India Purchase Row: CBI Asks For 2 Yrs To Finish Probe, SC Gives 6 Months

The CBI was on Friday pulled up by the Supreme Court when it asked for two years to complete the probe into allegations of irregularities in purchase or hiring of 111 aircraft for Air India for a whopping Rs70,000 crore when Praful Patel was the civil aviation minister in the UPA regime and gave the agency only six months to finish the investigation.

PIL Regarding Pension Of Judicial Officers At Bombay HC Transferred To SC

A public interest litigation filed by activist Vihar Dhurve regarding pensionary benefits to judicial officers has been transferred to the Supreme Court. A bench of Justice J Chelameswar and Justice SK Kaul issued notice to the Registrar General of the Bombay High Court as well as the petitioner while hearing a special leave petition filed by Maharashtra following a judgment of high court striking down the New Pension Scheme brought in by them.

Nandurbar Sex Trafficking Case: SC Places 18 Minor Girls In Interim Custody Of NGO Rescue Foundation

The Supreme Court bench of Justice J Chelameswar and Justice Sanjay Kishan Kaul on Friday, hearing a special leave petition arising out of the judgment dated August 24 of Bombay High Court where-under minor victims of Nandurbar sex trafficking were handed over to the Child Welfare Committee (CWC) under the Juvenile Justice (Care and Protection of Children) Act of 2015, directed that the 18 children be placed in the custody of the petitioner, NGO Rescue Foundation, pending final inquiry into the question regarding the appropriate final arrangement as to their custody.