Supreme Court Weekly Round-Up

After The 2016 Amendment, Mere Knowledge Of The Accused that Victim Is SC/ST Is Sufficient For Prosecution Under SC/ST Act: SC

The Supreme Court, in Asharfi vs State of Uttar Pradesh, observed that after the amendment of the Scheduled Caste/ Scheduled Tribe Prevention of Atrocities Act carried out in 2016, mere knowledge of the accused that the person upon whom the offence is committed belongs to the community suffices to bring home the charge under Section 3(2)(v) of the SC/ST Prevention of Atrocities Act.

Framing Of Charges: In Some Cases, Trial Court Can Summon Or Rely Upon Documents Not Part Of Charge Sheet

The Supreme Court, in Nitya Dharmananda @ K. Lenin Vs. Sri Gopal Sheelum Reddy @ Nithya Bhaktananda, observed that if the trial court is satisfied that there is some material of sterling quality which has been withheld by the investigator, it is not debarred from summoning or relying upon the same even if such document is not a part of the charge sheet, for the purpose of framing charge/discharge of accused.

No Superior Court Can Command Subordinate Court To Pass A Particular Order

No superior court in hierarchical jurisdiction can issue direction/mandamus to any subordinate court commanding them to pass a particular order on any application filed by any party, the Supreme Court said on Thursday while reiterating that the judicial independence of a court cannot be interfered with by any court, including the superior court.

Jurisdiction Of A Court Under A Statute Can’t Be Allowed To Shift Because Of A Superior Court’s Interference In A Different Manner: SC Constitution Bench

The constitution bench of the Supreme Court observed that the jurisdiction of a court conferred under a statute cannot be allowed to shift or become flexible because of a superior court’s interference in the matter in a different manner.

Hotels/Restaurants Can Sell ‘Packaged Water Bottles’ Above MRP

Hotels and restaurants can continue to sell packaged mineral water bottles above ‘MRP’ rates as the Supreme Court observed that no prevailing law prevents such a sale.

Death Penalty Awarded To Accused In Kidnapping-Cum-Murder Case Stayed

The Supreme Court stayed the execution of the death sentence awarded to Rajesh @ Rakesh and Raja Yadav in a kidnapping-cum-murder case. The Jabalpur bench of Madhya Pradesh High Court had confirmed the death penalty awarded by the trial court to the accused duo, for having found guilty of kidnapping and murdering a 15-year-old boy.

Toyoto ‘Prius’ Trademark Case: Global Brand Must Establish Goodwill In India To Sustain Action For Trademark Infringement

While denying protection to the brand name “Prius” of the car manufactured by Toyota, the Supreme Court held that an international brand should establish that it had enjoyed goodwill and reputation within Indian jurisdiction to sustain an action for trademark infringement.

Raghav Chadha’s Petition On Whether Retweeting A ‘Defamatory’ Tweet Amounts To Defamation Dismissed

The Supreme Court bench headed by Chief Justice of India (CJI) Dipak Misra dismissed an appeal filed by Aam Aadmi Party (AAP) spokesperson Raghav Chadha against Delhi High Court Judgment dismissing his petition challenging the summons issued to him in a defamation case filed by Union Minister Arun Jaitley while leaving it to the trial court to decide if re-tweeting would attract liability under section 499 IPC

Use Similar Question Papers For All Languages In Future Examinations: SC To CBSE

The Supreme Court ordered that all the examinations in future be held by the CBSE, be held on the basis of the similar questions papers for all the examinees, and the question papers shall be in English, Hindi and other vernacular languages.

IBC-Lawyer Can Issue Demand Notice Of Unpaid Operational Debt On Behalf Of Operational Creditor

Answering two important issues of the Insolvency and Bankruptcy Code, the Supreme Court, in Macquarie Bank Limited vs Shilpi Cable Technologies Ltd, held that a lawyer on behalf of the operational creditor can issue a demand notice of an unpaid operational debt. The court also held that the provision contained in Section 9(3)(c) of the Code is mandatory for initiating insolvency proceedings.

SC Extends Deadline for Mandatory Linkage Of Aadhaar With All Schemes And Services To March 31

The five-judges Constitution bench of the Supreme Court on Friday extended the deadline for mandatory linkage of Aadhaar number with all services and schemes including bank accounts and mobile numbers, to March 31, 2018

Laboratory Report Can Be Counter Signed Only By A Registered Medical Practitioner With A Post Graduate Qualification

The Supreme Court, on Tuesday, upheld the stand taken by the Medical Council of India (MCI) that “Laboratory Report can be counter signed only by a registered medical practitioner with a post graduate qualification in pathology”.

SC stays NCLT Order Allowing Centre To Take Over Unitech Management

The Supreme Court bench of Chief Justice Dipak Misra, Justice D. Y. Chandrachud and Justice A. M. Khanwilkar on Wednesday granted stay on the interim order dated December 8 of the NCLT, suspending 8 directors of Unitech Ltd., further restraining them from alienating any property belonging to them or the company and allowing the Centre to take over the management of the affairs of the company by nominating 10 directors to its Board.

Govt Needn’t Mandatorily Consult DTAB Before Banning Drug

In an important judgment, the Supreme Court held that to exercise powers under Section 26A of the Drugs and Cosmetics Act, the Drugs Technical Advisory Board (DTAB) need not be mandatorily consulted by the government in order to be convinced of reasons for banning a medicine.

Cannot Direct J&K Legislature To Constitute State Minority Commission

it cannot direct the state legislature of Jammu and Kashmir to legislate for formation of minority commission for the state and asked the Centre to “deliberate” on it.

Public Examination System Need To Be Carefully Scrutinized To Avoid “Litigation Mess” Which Could Go On For Several Years

Supreme Court Bench of Justice Madan B Lokur and Justice Deepak Gupta, finally provided a ‘middle path’ solution to mess that happened in recruitment examination conducted by the UP Secondary Education Services Selection Board in 2009.

Delhi HC Order Refusing Legal Protection To ‘Vande Mataram’ On Par With ‘Jana Gana Mana’ Upheld

The Supreme Court dismissed a special leave petition against Delhi High Court order refusing the plea seeking legal protection to Vande Mataram at par with Jana Gana Mana.

Bombay HC Verdict That Held M’rashtra Minister Arjun Khotkar‘s Election ‘Void’ Stayed

The Supreme Court stayed the Bombay High Court judgment that declared election of Shiv Sena MLA and Maharashtra Minister Arjun Panditrao Khotkar from Jalna Legislative Assembly Constituency ‘void’.

Fake Patients During MCI Inspection: SC Cancels Admissions In A Medical College In Madhya Pradesh, Orders Enquiry

The Supreme Court cancelled the admission of students in a medical college in Madhya Pradesh, as an inspection conducted by the Medical Council of India revealed that the college was deficient.

Pradyuman Thakur Murder Case: Plea For Cancellation Of Anticipatory Bail Of Ryan International Group CEO, His Parents Dsmissed

The Supreme Court bench of Justice RK Agrawal and Justice AM Sapre on Monday dismissed the petition for the cancellation of the anticipatory bail granted by the Punjab and Haryana High Court to Ryan International Group CEO Ryan Pinto and his parents Augustine and Grace Pinto, the chairman and managing director respectively of the group, in connection with student Pradyuman Thakur’s murder.

Voting Right For Temporary Member In SCBA Elections: SC Stays Patiala House Court’s Order Stayed

Chief Justice of India Dipak Misra led Bench stayed a Patiala House Court Civil Judge’s order which allowed a temporary member who is not a member of Supreme Court Bar Association (SCBA) to vote in the lawyers body election.

SC Dismisses Plea Of Ex-Army Officer To Treat Retirement On Superannuation As Invalided Out From Service

The Supreme Court bench of Chief Justice Dipak Misra, Justice DY Chandrachud and Justice AM Khanwilkar on Monday dismissed the appeal filed by retired Indian National Army officer Lt Col PK Kapur, challenging the order dated October 4, 2016, of the Armed Forces Tribunal in New Delhi, refusing to treat him as invalided out from service from the date of his retirement on November 30, 1989, for the purpose of the ‘Pension Regulations for Army’ and to fix the war injury disability pension at invalidation rates from December 1, 1989.

 Teesta Setalvad’s Plea To De-Freeze Bank Accounts Dismissed

In a setback to social activist Teesta Setalvad and her husband, the Supreme Court on Friday dismissed their plea against the Gujarat High Court order rejecting their request to de-freeze their personal bank accounts.

SC Raps States, UGC For Not Checking Compliance With Schemes On Enhancing Access To Higher Education Of Persons With Disabilities

A Supreme Court bench of Justice AK Sikri and Justice Ashok Bhushan on Tuesday rapped state governments and the UGC for not checking compliance by higher educational institutions with schemes for enhancing access of disabled persons to higher education, stipulating guidelines on physical environment, transportation and information and communications technology within the premises, as formulated under the Rights of Persons with Disabilities Act of 2016 and its predecessor of 1995.

PIL Against Ex-CJI KG Balakrishnan Dismissed As Withdrawn

The Supreme Court bench of Justice Arun Mishra and Justice M Shantanagoudar on Tuesday disposed of a writ petition filed by NGO Common Cause seeking inquiry into the disproportionate assets case against former Chief Justice of India KG Balakrishnan, treating it as withdrawn with liberty to seek appropriate remedy.

SC Relaxes Ban On Petcoke, Furnace Oil For Cement Industry

The Supreme Court bench of Justice Madan B Lokur and Justice Deepak Gupta on Wednesday permitted the use of petcoke as feedstock by cement industrial units in Rajasthan, Uttar Pradesh and Haryana. Thus, it has made an exception from its earlier order dated October 24 banning w.e.f. November 1, the use of petcoke and furnace oil as fuel by any industry, process or operation in the 3 states adjoining NCT region of Delhi with a view to tackle the issue of rising air pollution in Delhi.

SC Permits Parsi Woman Married To Hindu Man To Participate In Zoroastrian Funeral Rites Of Parents

The Supreme Court’s five-judge constitution bench, headed by Chief Justice Dipak Misra, on Thursday permitted Parsi woman Goolrokh Gupta, married outside her community, to attend and participate in the funerary rites of her parents at the Fire Temple devoted to Zoroastrianism, having received the nod in that behalf from the Parsi Valsad Anjuman Trust.

SC Tells Centre To Get Portal For Filing Complaints On Child Sexual Abuse, Related Crimes Ready By Jan 10

The Supreme Court directed the Union of India to have the portal for making complaints by citizens with regard to issues pertaining to child sexual abuse, child pornography and rape/ gangrape videos, ready on or before January 10, 2018.  A bench of Justice Madan B Lokur and Justice UU Lalit made this observation during in-camera proceedings held in the matter of RE: Prajwala Letter Dated 18.2.2015 Videos of Sexual Violence and Recommendations.

A “Society For All”: SC Directs All Higher Edu Institutions To Reserve At Least 5% Seats For Persons With Disabilities Or Face Action

The Supreme Court on Friday directed that all institutions of higher education under the control of government or receiving aid from the government shall reserve at least 5 per cent seats for persons with disabilities while making admission of students in educational courses each year or face consequential action.

SC Sets Deadlines To Make Public Places Accessible To Visually Disabled

The Supreme Court issued some important directives and set deadlines while disposing of a petition filed by a visually disabled Gurgaon resident seeking proper and adequate access for such persons to public places.

Plea For Prohibiting Candidates From Contesting From More Than One Constituency: AG’s Appearance Sought

A Supreme Court bench led by Chief Justice of India (CJI) Dipak Misra sought the appearance of Attorney General (AG) KK Venugopal in a PIL seeking directions to restrict candidates from contesting from two constituencies simultaneously.

SC Directs BCI To Start Elections

The Supreme Court of India on Thursday directed the Bar Council of India [BCI] to start elections from 15.02.2018 and to complete it within a period of six weeks.

 Case Management Of Original Suits: SC ‘Summons’ Delhi HC Registrar General; Asks Him 7 Questions

The Supreme Court asked Registrar General of the Delhi High Court to be personally present before it to answer some queries with regard to case management of original suits filed in Delhi High Court.

Effective Implementation Of Consumer Protection Act: SC Asks Centre To Frame Model Rules And Regulations

The Supreme Court directed the Central government to file a comprehensive status report within six weeks, indicating compliance of its earlier direction to frame model rules relating to administration, selection and appointments of members, infrastructure etc., at all levels of the consumer fora constituted under the Consumer Protection Act, 1986.

SC Tells Centre To Submit New Draft Rules On Appointment Of Tribunals’ Office-Bearers By Jan 4

The Supreme Court bench of Chief Justice Dipak Misra, Justice DY Chandrachud and Justice AM Khanwilkar on Friday directed the Centre to submit the new draft of the Tribunals, Appellate Tribunals and Other Authorities (Qualification, Experience and Other Conditions of Service) Rules by January 4, 2018.