Supreme Court Weekly Round-Up

Second Appeal- Additional ‘Substantial Questions Of Law’ Can Only Be Framed At The Time Of Hearing, Not In Judgment Itself

The Supreme Court, in Vijay Arjun Bhagat vs. Nana Laxman Tapkire, while setting aside a high court judgment, observed that the high court can frame additional substantial questions of law in the second appeal only during the hearing and not in the judgment.

Navjot Singh Sidhu Not Guilty Of Culpable Homicide Not Amounting To Murder (304-Part2] In The 1988 Road Rage Case: SC Convicts Him U/S 323 IPC

Supreme Court on Tuesday acquitted cricketer-turned-politician Navjot Singh Sidhu from the charge of Culpable Homicide not amounting to murder (U/S304) in the 1998 road rage Case. But the Bench found him guilty for S.323 IPC  (voluntarily causing hurt) and sentenced him with a fine of Rs. 1000 only. His co-accused Rupinder Singh Sandhu has been acquitted of all the charges.

Assistant Public Prosecutors Can’t Claim Parity With Public Prosecutors On Retirement Age

The Supreme Court on Thursday refused to grant parity to Assistant Public Prosecutors with Public Prosecutors in Kerala as it held that their method of appointment and conditions of service are qualitatively different and that similarity in the nature of their duties and functions cannot be the basis for parity between the two in respect of age of superannuation.

Non-Maintenance Of General Diary Per Se Won’t Render Whole Prosecution Illegal

The Supreme Court held that non-maintenance of General Diary per se will not render the whole prosecution illegal, though it may have consequences on the merits of the case, which is a matter of trial.

Temporary Permit Can’t Be Issued To Pvt Carrier On Notified Routes Served Sufficiently By State Transport Undertaking

A bench of Justice Kurian Joseph, Justice Mohan M Shantanagoudar and Justice Navin Sinha held on Wednesday that A temporary permit cannot be issued to a private stage carriage operator to traverse on the notified route which is being served by the State Transport Undertaking (STU), in excess of the permissible distance provided under the scheme, while deciding an appeal filed by the Kerala State Road Transport Corporation against the decision of the Kerala High Court to the effect that the Regional Transport Authority may exercise power conferred on it by the proviso to Section 104 of the Motor Vehicles Act, 1988 to grant temporary permits to private carrier operators on notified routes.

SC Upholds Classification of Pre- and Post-Nov 2002 Bank Retirees For Dearness Relief, Says Adopting Flat Rate Would Be Hazardous

The Supreme Court on Wednesday upheld the distinction between pre-November 2002 bank retirees and post-November 2002 retirees in payment of dearness relief as it said both the categories of retirees stand on different footing and the parameters which govern the computation of dearness relief are also on a different level, while also noting that any stepping up of benefit for a section of employees is bound to inflate the figure of Rs.1288 crores per annum which was set apart for the benefit of the employees vide a 2005 bipartite settlement.

Merely Assigning Some Work To Junior Officer And Taking Actions Against Him Like Stopping Of Salary Doesn’t Amount To Abetment Of Suicide

The Supreme Court, in Vaijnath Kondiba Khandke vs. State of Maharashtra, observed that merely because a superior officer assigned work to his junior officer and took actions against him like stopping of his salary, he cannot be held to have a guilty mind or criminal intent, to attract offence under Section 306 of the Indian Penal Code, for abetment of suicide.

NCLAT Has No Jurisdiction To Dismiss Main Appeal Against CCI Orders For Non-Compliance Of Condition For Grant Of Stay

The Supreme Court in M/S. B. Himmatlal Agrawal vs. CCI, held that National Company Law Appellate Tribunal (NCLAT) has no jurisdiction to dismiss the main appeal itself for non-compliance of the direction to deposit the amount as a condition for grant of stay.

SC Dismisses Challenge To Recruitment To Punjab Superior Judicial Service Way Back In 2008

The Supreme Court on Tuesday dismissed the appeals challenging the advertisement and process of recruitment to the Punjab Superior Judicial Service conducted way back in the year 2008 while holding that a seat that fell vacant on the elevation of a judge after the publication of advertisement cannot be included in the recruitment.

 SC Refuses To Cancel Bail For Karim Morani In Rape Case; Enhances Quantum Personal Bond

The Supreme Court on Thursday refused to cancel the bail granted to Bollywood producer Karim Morani by the Telangana and Andhra Pradesh High Court in a case of alleged rape of an aspiring actress, but enhanced the quantum of personal bond from Rs. 50,000 to Rs. 10 lakh.

Tribunals And Commissions May Not Remain Headless, SC Allows Appointment Of Former HC Judges In Tribunals If No Suitable Former HC CJ/SC Judge Is Available

The Supreme Court issued an important directive that wherever qualification required for appointment to a tribunal/commission is of a former Chief Justice or a former Supreme Court judge and no suitable person of that category is available, it will be open to make appointment of any suitable former judge of a high court till any legislative amendment in that regard is brought out.

Murder Case Witness Apprehends Threat To Life; SC Directs Witness Examination Through Video Conferencing

The Supreme Court allowed a witness in a murder case to be examined by video conferencing, as he submitted that there is a threat to his life and it may not be possible for him to go to the trial court and depose.

SC Refuses Urgent Hearing On Contempt Plea Against Cong Leader Divya Spandana For Her Tweet Against CJI

The Supreme Court refused an urgent hearing of a contempt petition against Congress leader Divya Spandana for her tweet against the Chief Justice of India in relation to the impeachment motion moved against him by the Congress and other parties.

SC Sets Aside HP HC Order Denying Relief To Whistleblower IFS Officer Seeking Quashing Of Defamation Complaint By HP Chief Secy

The Supreme Court set aside the Himachal Pradesh High Court order by which the latter had dismissed the plea of IFS officer and former AIIMS CVO Sanjiv Chaturvedi seeking quashing of the defamation complaint filed against him by IAS officer and Himachal Pradesh Chief Secretary Vineet Chawdhary.

Kathua case : SC Directs Police To Interrogate Witnesses From A Visible Distance In The presence Of Family Members

The Supreme Court bench of Chief Justice Dipak Misra, Justice D. Y. Chandrachud and Justice A. M. Khanwilkar on Thursday directed the Jammu and Kashmir police to interrogate three witnesses in the Kathua rape and murder case from a visible distance and in the presence of their family members.

NRI/PWD Seats For Law Colleges Would Be Subject To Court Decision: SC On CLAT PIL

The Supreme Court on Tuesday made it clear that all admissions through Common Law Admission Test (CLAT), 2018 in the Persons With Disability (PWD) and Non-Resident Indian (NRI) quotas would be subject to the outcome of the Petition filed by Prof. Shamnad Basheer demanding a permanent body for conducting the examination.

SC Notice To Centre, States On Plea By Law Student Against Fleecing By Hospital Pharmacies

The Supreme Courton Monday issued notice to Union Health Ministry, all states and union territories on a Public interest litigation filed by a law student and his advocate father seeking a ban on hospitals across the country forcing patients to buy medicines from their in-house pharmacies often at inflated rates or at MRP when they have option to buy them from drugstores in open markets which give discounts.

SC Directs 3 Member Committee To Examine Objections To Delhi Bar Council Elections

The Supreme Court on Monday directed a three-member committee to examine the objections to the Delhi Bar Council elections held in April this year. During the hearing, the Bench comprising Justice R.F. Nariman and Justice A.M. Sapre was informed that while 25 candidates were elected to the Delhi Bar Council in April, several complaints and objections have since been raised.

SC Upholds Madras HC’s Order For CBI Probe Into Underground Gutkha Business In TN

The Supreme Court upheld the Madras High Court judgment that ordered CBI investigation into all aspects of the offence of illegal manufacture, import, supply, distribution and sale of gutkha and other forms of chewable tobacco which are banned in Tamil Nadu and Puducherry.

SC Allows Karti To Travel Abroad But “Cannot Open Or Close Any Bank Account”

In a relief to Karti Chidambaram, son of Congress leader P Chidambaram, the Supreme Court on Saturday allowed him to travel to the UK, Germany, and Spain However, the conditions imposed by a bench comprising of Chief Justice Dipak Misra and justices A M Khanwilkar and D Y Chandrachud includes that he would not open or close any bank account abroad.

Detention Of Daughter In Mental Hospital: SC Partly Stays Delhi HC Order, Directs Parents To Pay 50% Of Compensation To Daughter

Directing the parents to pay 50 percent of the amount directed to be paid to their daughter, the Supreme Court partly stayed the Delhi High Court order that directed them to pay compensation to their daughter for forcibly picking her up from the residence of her music teachers and detaining her in a mental institution where she was forced to spend one day and one night.

SC Asks Delhi HC To Decide Appeal Against Sreesanth’s Discharge By July End

A Supreme Court Bench headed by Chief Justice Dipak Misra directed the Delhi High Court to dispose off the Criminal Appeal filed by Delhi Police against former Indian Cricket player S. Sreesanth’s discharge in the IPL spot fixing case, by the end of July.

SC Notice To Centre, MP On Steps Being Taken To Create Alternative Forum For Expeditious Hearing Of Criminal Appeals

The Supreme Court issued a notice to Union of India and the State of Madhya Pradesh to consider whether any steps are being taken to ensure expeditious hearing of criminal appeals by creating an alternative forum.

SC Modifies Order Staying Amendment Of Delhi Master Plan

In a huge relief to Delhi Development Authority (DDA), the Supreme Court partly modified its March 6 order staying further progress in amending the Master Plan of Delhi -2021

Is Centre Considering Amendment To Provide ‘Trial in Absentia’ Of The Absconding Accused, Asks SC

The Supreme Court directed the Law Ministry to apprise it about the status in considering the amendment in Code of Criminal Procedure at par with Section 339-B of the CrPC as applicable in Bangladesh providing for ‘ trial in absentia ’ of an accused who absents during the trial.

“Decide Fast As It Involves Drinking Water And Not Irrigation”, SC To Yamuna Board In Delhi Vs Haryana Water Dispute Case

The Supreme Court on Wednesday directed Delhi and Haryana to approach the Upper Yamuna River Board to settle their dispute regarding Yamuna water sharing. The court is hearing a petition filed by Delhi’s Kejriwal government seeking its intervention to directHaryana to supply 450 cusecs of potable water daily to Wazirabad barrage for supply to Delhi as per its 1996 order.