Supreme Court Weekly Round-Up

The Supreme Court recently upheld a Trial Court order allowing the plaintiff to lead evidence on insufficiently stamped unregistered agreement of sale in his suit for recovery of earnest money said to be paid by him at the time executing the agreement for sale.

Order VII Rule 11 CPC: Plaint Can Be Rejected When It Does Not Disclose Clear Right To Sue [Colonel Shrawan Kumar Jaipuriyar @ Sarwan Kumar Jaipuriyar V. Krishna Nandan Singh]

The Supreme Courtobserved that a plaint can be rejected Order VII Rule 11 of the Code of Civil Procedure, when it is manifestly vexatious, meritless and groundless, in the sense that it does not disclose a clear right to sue. The bench comprising of Justice Mohan M. Shantanagoudar and Justice Sanjiv Khanna also observed that a mere contemplation or possibility that a right may be infringed without any legitimate basis for that right, would not be sufficient to hold that the plaint discloses a cause of action.

HC Can't Interfere In The Manner Of Investigation In Exercise Of Powers Under Section 482 CrPC [State of UP vs. Aman Mittal]

The Supreme Court reiterated that the High Court, while exercising jurisdiction under Section 482 of the Code, cannot interfere in the manner of investigation. The Allahabad High Court, while disposing a petition filed by accused under Section 482 CrPC had issued a slew of directions, including the direction to change the investigating officer and also to subject the erring officers/officials named in the supplementary report to disciplinary action.

Legal Metrology Act Excludes Only Those Offence With Regard To Weight Or Measure Under IPC [State of UP vs. Aman Mittal]

The Supreme Court held that though Section 3 of the Legal Metrology Act completely overrides the provisions of Chapter XIII of Indian Penal in respect of the offences and penalties with regard to weight or measure, but the prosecution for other offences under of IPC could be maintained.

Mere Government Inefficiency Not A Ground For Delay Condonation [State Of Odisha (Vigilance) V. Purna Chandra Kandi]

The Supreme Court reiterated that mere government inefficiency cannot be a ground for condoning the delay. While dismissing the Special Leave Petition filed by the State of Odisha on the ground of delay, the bench comprising Justice Sanjay KishanKaul and Justice KM Joseph observed that it is for the state to 'put its own house in order'.

138NI Act-Proceedings Cannot Be Quashed On The Ground That Notice Not Served Within Statutory Period [Kishore Sharma vs. Sachin Dubey]

The Supreme Court recently held that the proceedings under Section 138 of the Negotiable Instruments Act cannot be quashed on the ground that the demand notice not duly served within the statutory period.

The Real Point Is To Ascertain Which Contains The Truth: SC On Divergent Dying Declarations [Jagbir Singh vs. State NCT of Delhi]

The Supreme Court recently came across an appeal filed by a man who was convicted for murder of his wife mainly relying on one of the dying declaration made by the deceased implicating him.In the Judgment disposing the appeal the bench comprising Justice Sanjay KishanKaul and Justice KM Joseph summarized the principles to be followed in cases were dying declaration is the sole evidence available

Dismisses Plea To Direct Central Government To Enact Legislation Against Custodial Torture [Dr.Ashwani Kumar V. Union of India]

The Supreme Court dismissed a plea of Former Law Minister and Senior Advocate Dr.Ashwani Kumar, seeking a direction to Central Government to enact a stand alone comprehensive legislation against custodial torture.

Other Significant Orders And Proceedings

• The bench of Justices R Bhanumati and A S Bopannarefused anticipatory bail to P Chidambaram in the case registered by Enforcement Directorate alleging money laundering in connection with INX Media FDI transaction.
• Directed the Uttar Pradesh Government to constitute a Special Investigation Team(SIT) to investigate the sexual harassment allegations made by an LLM student against senior BJP leader and former Union Minister Swami Chinmayanand. The order was passed by the bench of Justices R Banumathi and A S Bopanna in a suo moto case taken on the news reports about LLM student going missing after she had accused Swami Chinmayanand.
• Issued notice in a civil appeal filed by the 'Committee Of Creditors' (CoC) of 'Amtek Auto Limited' and stayed the liquidation order passed by the NCLAT.
• Issued notice to the Centre and the States in a public interest litigation seeking proper implementation of the Gram Nyayalayas Act, 2008 (the Act). The matter was listed before the bench of Justices NV Ramana and Ajay Rastogi.
• Issued notice to the Centre and the States in a public interest litigation seeking proper implementation of the Gram Nyayalayas Act, 2008 (the Act). The matter was listed before the bench of Justices NV Ramana and Ajay Rastogi.
• Issued notice on plea seeking measures to curb violence against hospitals, doctors
• Criticized the call for strikes made by Bar Associations of Allahabad and Oudh observing that they are "not supposed to settle their demands by resorting to strikes which may lead to nothing but delaying the justice to litigants".
• The Constitution Bench hearing the Ayodhya-Babri case issued notice to one Professor Shanmugham in the contempt petition filed by Senior Advocate Rajeev Dhavan.]The Court however dispensed with the personal appearance of the Professor.
• Took note of the 'conflict between increasing number of cars and dwindling availability of land' which had aggravated problem of parking spaces in Delhi. Addressing the same, the court gave out a series of directions to the concerned authorities of the Delhi Government yesterday.
• Expressing anguish over the tussle between the National Commission for Protection of Child Rights (NCPCR) and West Bengal Commission for Protection of Child Rights (WBPCR) in a child trafficking case in West Bengal, the Supreme Court said " it is sad that both of you can't come to a conclusion for the welfare of the poor girls."A bench of Justices Deepak Gupta and Aniruddha Bose observed : " It is very unfortunate that two statutory bodies are fighting like this."
• Sought response from the NBCC on whether it is willing to give a revised proposal to complete the stalled projects of Jaypee group. A bench of justices A M Khanwilkar and Dinesh Maheshwari issued notice to the National Buildings Construction Corporation Limited (NBCC) and sought its reply by Thursday.
• The Constitution Bench agreed to look into the incident of attack on Iqbal Ansari, one of the litigants in the Ayodhya-Babri Masjid case.
• Ordered the shifting of Kashmir politician M Y Tarigami, who is under detention, to AIIMS Delhi.The order was passed in a petition filed by CPI(M) general secretary SitaramYechury challenging the detention of Tarigami, a four time MLA from Kulgam constituency in the now dissolved J&K assembly.
• AllowedIltija, daughter to former Jammu and Kashmir Chief Minister Mehbooba Mufti, to travel to Srinagar to meet her detained mother.The CJI-led bench however said that the permission was tonly to meet her mother in Srinagar. So far as her prayer to allow moving around in other parts of Kashmir is concerned, she can do so subject to the permission of authorities, added the bench.
• Declining to pass any orders, the Supreme Court adjourned till September 16 the hearing of petitions challenging the curfew measures imposed in Jammu and Kashmir following the abrogation of the state's special status.
• Observed that the order of the High Court admitting a second appeal should specifically state what are the substantial questions of law on which the appeal is admitted. The bench comprising Justice Deepak Gupta and Justice Aniruddha Bose set aside a High Court order on the ground that during hearing of the second appeal finally questions of law were not framed and they were formulated only in the judgment.
• Issued notice on a petition challenging the constitutional validity of Unlawful Activities (Prevention) Amendment Act 2019, which enabled the Centre to designate individuals as terrorist.
• Expressing dissatisfaction with the non-compliance of the demolition order passed against flats in Maradu, Kochi for CRZ violation, the Supreme Court called upon the Kerala Government to carry out the directions by September 20.
• The bench of Chief Justice of India (CJI) RanjanGogoi and Justice Ashok Bhushandismissed a PIL seeking to restrict Members of Parliament (MP) and Members of Legislative Assembly (MLA) from practising legal profession till they demit their office.
• The bench of Justices Deepak Gupta and Aniruddha Bose granted CBI a further extension of 2 weeks to complete its probe into the road crash which left the Unnao rape survivor and her lawyer severely injured and killed two of her relatives.
• The Delhi government's ambitious proposal to make metro travel free for women came under sharp criticism from the Supreme Court which questioned it for giving "freebies" and "sops" saying it might lead the Delhi Metro Rail Corporation (DMRC) to losses.