Supreme Court Weekly Round-Up: March 27 To April 3, 2022

1. Section 188 CrPC - Sanction Not Required If A Part Of Offence Is Committed In India: Supreme Court

Case Title: Sartaj Khan vs State of Uttarakhand | CrA 852 of 2018

Citation: 2022 LiveLaw (SC) 321

The Supreme Court observed that Section 188 of the Criminal Procedure Code will not be attracted if a part of the offence was committed in India. The Section gets attracted when the entirety of the offence is committed outside India; and the grant of sanction would enable such offence to be enquired into or tried in India, the bench comprising Justices Uday Umesh Lalit, S. Ravindra Bhat and Pamidighantam Sri Narasimha observed.

2. Article 226 - High Court Has To Deal With Grounds/Issues Raised In A Writ Petition And Pass Reasoned Order : Supreme Court

Case Title: Vishal Ashwin Patel vs Assistant Commissioner of Income Tax Circle 25(3) | CA 2200 of 2022

Citation: 2022 LiveLaw (SC) 322

The Supreme Court observed that it is the duty of a court to deal with issues/grounds raised in a writ petitions and thereafter to pass a reasoned order.

"When the Constitution confers on the High Courts the power to give relief it becomes the duty of the Courts to give such relief in appropriate cases and the Courts would be failing to perform their duty if relief is refused without adequate reasons.", the bench comprising Justices MR Shah and BV Nagarathna observed.

3. Immunity Under Income Declaration Scheme Available Only To The Declarant; Can't Be Extended To Another Assessee : Supreme Court

Case Title : Deputy Commissioner of Income Tax (Central) Circle 1(2) versus M/s MR Shah Logistics Private Ltd

Citation : 2022 LiveLaw (SC) 323

The Supreme Court bench of Justices UU Lalit and SR Bhat has found fault with a Gujarat High Court judgment for extending the immunity under the "Income Declaration Scheme" (IDS) to an assessee who was not the declarant under the scheme. The High Court had quashed the reassessment notice issued under Sections 147/148 of the Income Tax Act, 1961, against a company M/s MR Shah Logistics Private Ltd. One of the grounds for the re-opening of the assessment was contended to have been a declaration by another company, Garg Logistics Private Ltd, regarding an investment of Rs 6.3 crores in the shares of the assessee.

4. No One Can Be Permitted To Take The Benefit Of A Wrong Order Passed By A Court: Supreme Court

Case Title: Mekha Ram vs State of Rajasthan | CA 2229-2234 of 2022

Citation: 2022 LiveLaw (SC) 324

The Supreme Court bench of Justices MR Shah and BV Nagarathna had observed that no one can be permitted to take the benefit of the wrong order passed by the court which has been subsequently set aside by the higher forum/court.

5. Workmen Must Be Heard Before Their Wages Are Deducted For "Go Slow" Approach : Supreme Court Directs Bata To Pay Full Wages

Case Title : Bata India Ltd vs Workmen of Bata India Ltd and another

Citation : 2022 LiveLaw (SC) 325

The Supreme Court bench of Justices Ajay Rastogi and Sanjiv Khanna has affirmed a Karnataka High Court judgment of 2008 which held that an employer must give proper opportunity of hearing to the workmen before deducting their wages for "go slow" approach by which they had failed to produce the agreed output.

6. NCLAT Order Vitiated If It Fails To Look Into A Vital Aspect On Which NCLT Had Recorded A Specific Finding : Supreme Court

Case Name: S.V. Fashions Pvt. Ltd. (Earlier Known As SVG Fashions Ltd). v. Ritu Murli Manohar Goyal And Anr.| Civil Appeal No. 4228 of 2020

Citation: 2022 LiveLaw (SC) 326

The Supreme Court bench comprising Justices Hemant Gupta and V. Ramasubramanian held that the failure of NCLAT as the first appellate authority to look into a vital aspect of the matter regarding which NCLT had already recorded a specific finding of fact, would vitiate its order.

7. Doctrine Of Necessity Will Apply When President Of Disciplinary Enquiry Committee Was Replaced Due To Ill Health : Supreme Court

Case Title: Jai Bhavani Shikshan Prasarak Mandal v Ramesh & Ors| CIVIL APPEAL NO.7937 of 2011

Citation : 2022 LiveLaw (SC) 327

The Supreme Court bench of Justices Hemant Gupta and V Ramasubramanian has applied the "Doctrine of Necessity" to sustain the findings of a Disciplinary Enquiry Committee against a School Principal, after noting that the President of the Committee had to be replaced due to ill health.

8. Article 14 Not Applicable To A Will; Will's Genuineness Not Based On Whether Distribution Was Fair & Equitable : Supreme Court

Case Title: Swarnalatha vs Kalavathy | CA 1565 of 2022

Citation: 2022 LiveLaw (SC) 328

The Supreme Court observed that the exclusion of one of the natural heirs from the bequest in a Will, cannot by itself be a ground to hold that there are suspicious circumstances.

"In the matter of appreciating the genuineness of execution of a Will, there is no place for the Court to see whether the distribution made by the testator was fair and equitable to all of his children. The Court does not apply Article 14 to dispositions under a Will.", the bench comprising Justices Hemant Gupta and V. Ramasubramanian remarked.

9. Application Seeking Appointment Of Arbitrator Cannot Be Moved Before A High Court If No Part Of Cause Of Action Arose Within Its Territorial Jurisdiction: Supreme Court

Case Title: Ravi Ranjan Developers Pvt. Ltd. vs Aditya Kumar Chatterjee | SLP(C) 17397-17398/2021

Citation: 2022 LiveLaw (SC) 329

The Supreme Court observed that an application under Section 11(6) of the Arbitration and Conciliation Act for the appointment of an Arbitrator/Arbitral Tribunal cannot be moved in a High Court irrespective of its territorial jurisdiction.

"It could never have been the intention of Section 11(6) of the A&C Act that arbitration proceedings should be initiated in any High Court in India, irrespective of whether the Respondent resided or carried on business within the jurisdiction of that High Court, and irrespective of whether any part of the cause of action arose within the jurisdiction of that Court, to put an opponent at a disadvantage and steal a march over the opponent.", the bench comprising Justices Indira Banerjee and AS Bopanna observed.

10. Motor Accident Leaves 5 Year Old Child Paralysed : Supreme Court Enhances Compensation To Rs 50 Lakh

Case Title: Master Ayush v The Branch Manager, Reliance General Insurance Co Ltd, CA 2205/2022

Citation : 2022 LiveLaw (SC) 330

The Supreme Court bench of Justices Hemant Gupta and V Ramasubramanian has enhanced the compensation payable to over Rupees 50 Lakhs in a motor accident case where a person has been rendered paralysed for life after he met with an accident as a 5 year old boy in 2010.

"The mental and physical loss cannot be computed in terms of money but there is no other way to compensate the victim except by payment of just compensation", the Bench observed while determining the payable compensation comes at 49,93,000/- with interest at 7.5% p.a.

11. Refusal Of Contractor To Execute Work Unless Reciprocal Promises Are Met By Other Party Can't Be Termed Abandonment Of Contract : Supreme Court

Case Name: Shripati Lakhu Mane v. The Member Secretary, Maharashtra Water Supply And Sewerage Board And Ors.| Civil Appeal No. 556 of 2012

Citation: 2022 LiveLaw (SC) 331

The Supreme Court bench of Justices Hemant Gupta and V Ramasubramanian held that the refusal of a contractor to continue to execute the work, unless the reciprocal promises are performed by the other party, cannot be termed as abandonment of contract. Moreover, when material alteration takes place in the terms of the contract due to the act of one party, the other party can choose not to perform the original contract and it would not amount to abandonment.

12. Mere Filing Of Representation Before Authorities Does Not Extend Limitation Period : Supreme Court

Case Title: Surjeet Singh Sahni vs State of U.P. | SLP (C) 3008 of 2022

Citation: 2022 LiveLaw (SC) 232

The Supreme Court observed that mere filing of representation before authorities does not extend the period of limitation.

If it is found that the writ petitioner is guilty of delay and latches, the High Court should dismiss it at the threshold and ought not to dispose of the writ petition by relegating the writ petitioner to file a representation and/or directing the authority to decide the representation, the bench comprising Justices MR Shah and BV Nagarathna observed.

13. Supreme Court Declares 2021 TN Act Giving Vanniyars Internal Reservation In OBC Quota Unconstitutional

Case Title: Pattali Makkal Katchi v. A. Mayilerumperumal And Ors. Civil Appeal No. 2600 of 2022

Citation: 2022 LiveLaw (SC) 333

The Supreme Court bench of Justices LN Rao and BR Gavai on Thursday held the 2021 Tamil Nadu Act that provided 10.5% reservation in educational institutions and government jobs for the Vanniyar community out of the 20% reservation available to the Most Backward Classes to be unconstitutional.

Also Read: 'Population Percentage Can't Be Sole Basis For Internal Reservation' : Detailed Analysis Of Supreme Court Judgment In Vanniyar Quota Case

Sub-Classification Amongst Backward Classes Permissible : Supreme Court In Vanniyar Quota Case

105th Constitutional Amendment Act Is Prospective In Nature : Supreme Court In Vanniyar Quota Case

14. Local Unit Of A Registered Society Can't Institute Suit Unless Byelaws Authorise It : Supreme Court

Case Details: P Nazeer Etc v Salafi Trust & Anr CA 3132/2016

Citation: 2022 LiveLaw (SC) 334

The Supreme Court bench of Justice Hemant Gupta and Justice V Ramasubramanian has observed that a society registered under the Societies Registration Act is entitled to sue and be sued, only in terms of its bye­laws.

15. Supreme Court Deprecates High Court's Delay Of 4 Months In Uploading Final Judgment After Dictation Of Operative Portion

Case Title: Surendra Pratap Singh vs Vishwaraj Singh | 2022 LiveLaw (SC) 335 | SLP (C) 18912/2020 

Summary - High Court dictated operative portion of the order on 06.11.2019 but the final order was dictated only on 15.03.2020 i.e. after 4 months and it typed out and corrected on 15.04.2020 - Supreme Court observed that it has repeatedly frowned upon the aspect of the oral orders being passed.  

16. Mere Non Framing Of Charge U/Sec 149 IPC Will Not Vitiate Conviction In Absence Of Any Prejudice To Accused: Supreme Court

Case Title: State of Uttar Pradesh vs Subhash @ Pappu | CrA 436 OF 2022

Citation: 2022 LiveLaw (SC) 336

The Supreme Court observed that non-framing of a charge under Section 149 of the Indian Penal Code would not vitiate the conviction in the absence of any prejudice caused to the accused. If ingredients of the section are obvious or implicit in the charge framed then conviction in regard thereto can be sustained, irrespective of the fact that said section has not been mentioned, the bench comprising Justices MR Shah and BV Nagarathna noted.

17. Maharashtra Municipal Corporation Act -Commissioner of Municipal Corporation Can Initiate Departmental Inquiry Against Additional Municipal Commissioner : Supreme Court

Case Name: Kalyan Dombivali Municipal Corporation v. Sanjay Gajanan Gharat And Anr.| Civil Appeal No. 2643 of 2022

Citation: 2022 LiveLaw (SC) 337

The Supreme Court, on Thursday, held that the Commissioner of Municipal Corporation has the power to suspend or initiate departmental proceedings against the Additional Municipal Commissioner under the Maharashtra Municipal Corporation Act, 1949.

A Bench comprising Justices L. Nageswara Rao and B.R. Gavai allowed a plea assailing the judgment of the Bombay High Court, which found that the power to suspend Additional Municipal Commissioner of Kalyan Dombivali Municipal Corporation was conferred neither on the Commissioner of Municipal Corporation nor the Corporation, but only the State Government.

18. Supreme Court Bench Split On Whether To Reject Plaint In A Case As Time-Barred

A Supreme Court bench comprising Justice Sanjiv Khanna and Justice Bela M Trivedi has delivered a split verdict in an appeal. The judges could not come to a consensus regarding whether the plaint in the instant case was liable to be rejected under Order VII Rule 11(d) of the Code of Civil Procedure as barred by limitation.

19. Order Of Remand Cannot Be Passed As A Matter Of Course : Supreme Court

The Supreme Court observed that an order of remand cannot be passed as a matter of course. Where both the sides have led oral and documentary evidence, the Appellate Court has to decide the appeal on merits instead of remanding the case to the lower court or the Tribunal, the bench comprising Justices S. Abdul Nazeer and Krishna Murari said.

Supreme Court Updates

1. Supreme Court Asks Bitcoin Scam Accused To Disclose User Name & Passwords Of Cryptocurrency Wallets To ED For Interim Protection

While dealing with the writ petition preferred by Ajay Bhardwaj, one of the accused in the Giant Bitcoin scam, the Supreme Court on Monday asked Bhardwaj to make full disclosure to the Enforcement Directorate the usernames and password of the crypto currency wallet for getting interim protection.

2. Supreme Court Issues Notice On Reliance Jio's Plea To Be Heard In Appeals Of Vodafone & Airtel Challenging DoT Penalty

The Supreme Court on Monday issued notice in plea filed by Reliance Jio challenging order of Telecom Disputes Settlement and Appellate Tribunal dismissing its application for impleadment in Telecom Petitions filed by Vodafone- Idea and Airtel against demand notices issued levying penalty of INR 3,050 Crores on them.

3. K-Rail Silverline - 'Single Bench Could Not Have Stalled A Prestigious Project' : Supreme Court Refuses To Interfere With Survey Process

The Supreme Court on Monday refused to interfere with the land survey and social impact assessment process for the Silver Line high speed rail corridor project of Kerala Rail Development Corporation (K Rail) in Kerala.

4. Plea Challenging Centre's Power To Notify Minorities : Supreme Court Seeks Clarity On Which Ministry Should Respond

The Supreme Court on Monday pointed out that there is confusion regarding which Ministry of the Union Government should respond to a petition which seeks directions to notify Hindus as minority in certain states where they numerically less and challenges the validity of power of the Central Government to notify minority communities.

Also Read: States Can Give Hindus Minority Status If They're In Minority There; Minority Welfare Schemes Not Unconstitutional : Centre Tells Supreme Court

5. Supreme Court Issues Notice On Kerala Union of Working Journalist's Plea Challenging Centre's Telecast Ban On Media One Channel

The Supreme Court Monday issued notice in a plea by Kerala Union of Working Journalists assailing Kerala High Court's order of upholding the recent ban imposed on Malayalam news channel MediaOne by the Ministry of Information and Broadcasting.

6. Refine The Process Of Identification & Rehabilitation Of Children In Streets As Per NCPCR Recommendations : Supreme Court Directs States

The Supreme Court, on Monday, directed the State Governments/Union Territories to refine the process of identification and rehabilitation of Children in Street Situation ("CiSS") by adopting the recommendations made to the district authorities by the National Commission for Protection of Child Rights ("NCPCR").

7. Supreme Court To Be On National Judicial Data Grid Shortly : Justice DY Chandrachud

Supreme Court Judge Justice DY Chandrachud on Monday remarked that the Top Court had already got a module of the Supreme Court Judicial Data Grid and very shortly there would also be a link of the Supreme Court on National Judicial Data Grid ("NJDG").

8. POCSO Case In Relationship Between Minors Who Are Now Married : Supreme Court Suspends Sentence

In a POCSO case where the petitioner man has been in incarceration for around 3 years, the Supreme Court on Monday suspended the execution of remaining part of sentence awarded to the him.

While allowing the application seeking suspension of execution of sentence of petitioner who got married to the complainant before the Trial Court's conviction order, a bench comprising Justice Dinesh Maheshwari and Justice Aniruddha Bose has further observed that the petitioner may be released on bail on such terms and conditions as may be imposed by the Trial Court.

9. Challenge To Karwar Port Expansion: Supreme Court Orally Asks Company To Halt Further Construction

The Supreme Court on Tuesday issued notice in a petition challenging the second stage development of the commercial Karwar port in Karnataka. A Bench comprising CJI NV Ramana, Justice Krishna Murari and Justice Hima Kohli has orally asked the construction company to not carry out further construction activities with regard to the project.

10. 'Environment More Important Than Your Civil Rights; Once A Forest, Always A Forest Unless De-notified', Says Supreme Court

"Environment is more important than your civil rights. Your civil rights are subordinate to the environment. Once a forest, it is always a forest unless it is denotified. The Forest Conservation Act of 1980 also says that", the Supreme Court orally remarked on Tuesday.

11. Supreme Court Detains Petitioner For A Day Till The Rising Of The Court For Forging Medical Certificate Seeking Extension Of Time To Surrender

The Supreme Court, on Tuesday, held a petitioner in contempt, who had filed forged medical certificate, claiming to be COVID-19 positive, along with an application seeking extension of time to surrender.

A Bench comprising Justices U.U. Lalit, S. Ravindra Bhat and P.S. Narasimha sentenced the contemnor to be detained for one day in the office of the Additional Registrar (in-charge of security) till the rising of the Court. It further directed him to pay a fine of Rs. 2,000 which would be eventually deposited in the account of the Supreme Court Legal Service Committee. In case of default in paying the fine amount, the contemnor was directed to undergo a default sentence of three days.

12. Supreme Court To Examine Validity Of Exemption Granted To Kodavas & Jumma Land Holders From Obtaining Licenses Under Arms Act To Carry Firearms

The Supreme Court on Tuesday issued notice in a plea against Karnataka High Court's dismissal of a PIL filed challenging validity of Government notification granting an exemption to Kodava community and Jumma tenure holders from requirement of obtaining a license to carry and possess firearms as required under Arms Act.

13. 'You Will Succeed In The Bar' : Supreme Court To Advocate While Dismissing His Plea To Relax Upper Age Limit For Judicial Service Exam

The Supreme Court on Wednesday dismissed a writ petition filed by an Advocate who was also a MP Higher Judiciary Aspirant seeking relaxation of upper age limit to appear in the MP Higher Judicial Service Exam.

14. NEET- PG 2022 : Supreme Court Requests Solicitor General To Look Into Plea Seeking Extension Of Internship Deadline

The Supreme Court on Wednesday requested Solicitor General Tushar Mehta to look into the issues raised by a group of doctors who are aspirants of NEET PG 2022 seeking extension of deadline for completion of internship beyond July 31, 2022 to accommodate interns whose internship got delayed due to compulsory covid duties.

15. Supreme Court Seeks Centre's Stand On Export Of Iron Ore Mined From Karnataka

The Supreme Court on Wednesday asked the Centre to clarify its stand on allowing exports of iron ore mined from the State of Karnataka. "The Government of India has to have a clear stand, whether you want to allow exports (of the iron ore) or have it for total local consumption" the Court observed.

16. Supreme Court Dismisses Plea Challenging Use Of Tirumala Tirupathi Devasthanam's Property For New Collectorate

The Supreme Court on Wednesday dismissed a petition challenging the use of Padmavathi Nilayam, a multi storey complex which was built for devotees of Tirumala Tirupathi Devasthanam (TTD) for the establishment of the Collectorate for the newly formed Sri Balaji district. The special leave petition was filed by BJP Leader GP Reddy assailing the Andhra Pradesh High Court's order which vacated the stay on the handing over of the Devasthanam's property to the district administration.

17. IIT JEE Mains 2022 : Supreme Court Allows Candidates To Raise Grievances Against Reduction Of Sessions Before NTA

The Supreme Court on Wednesday allowed IIT- JEE aspirants, who approached the Court challenging the notice dated March 1, 2022, issued by National Testing Agency reducing the sessions of JEE Mains 2022 from 4 to 2, to submit a representation before the concerned authorities raising their grievances.

18. Lakhimpur Kheri Case : Judge Monitoring SIT Probe Has Recommended Challenging Ashish Mishra's Bail, Supreme Court Tells UP Government

In the plea seeking cancellation of the bail granted to Ashish Mishra in the Lakhimpur Kheri case, the Supreme Court on Wednesday told the State of Uttar Pradesh that the judge appointed to monitor the Special Investigation Team has recommended that the State should file an appeal challenging it.

Also Read: Lakhimpur Kheri Case - Challenging Ashish Mishra's Bail Under Consideration Of Authorities; Attack On Witness Related To Holi Celebrations : UP Govt Tells Supreme Court

19. Khori Gaon Evictions : Supreme Court Orders Rs 2000 Monthly Compensation To Eligible Persons Until Allotment Of Accommodation

In connection with the Khori Gaon eviction matter, the Supreme Court on Thursday directed that until permanent accommodation is offered to the eligible persons, the Municipal Corporation of Faridabad shall be liable to pay the ex- gratia solatium amount of Rs.2000 per month until the date of issuance of possession letter by the Corporation.

20. Mullaperiyar Dam Case : Supreme Court Asks Centre About Scope Of Authority Under Dam Safety Act 2021

In connection with the Mullaperiyar dam issue, the Supreme Court on Thursday asked the Centre to file a note by Tuesday, detailing a time-line and plan as regards making functional the National Dam Safety Authority and the other bodies, the structure envisaged by the Dam Safety Act, 2021, and for making operational the scheme and the framework under the Act.

21. Supreme Court Asks SpiceJet & Kal Airways To Reconsider Settling Share Transfer Dispute

The Supreme Court on Thursday asked SpiceJet and Kal Airways to consider settling the share transfer dispute between SpiceJet and its former promoter Kalanithi Maran, and his firm Kal Airways.

A Bench headed by CJI Ramana asked SpiceJet to consider Kal Airways' proposal and pay the amount of interest it owes to Kal Airways.

22. Arbitrators Fixing Their Own Fee Would Amount To Misconduct; PSUs Can't Meet Exorbitant Fee Demand As They Are Answerable To CAG : Attorney General Tells Supreme Court

In the case in which the issue related to fixation of standards for fees for arbitrators was raised, AG KK Venugopal told Supreme Court that that unilateral fixation of fees by the arbitrator would be wrong and should always be fixed "upfront" subject to hearing from the other side. AG said that to not leave the arbitrators "High and Dry", the arbitrator could ask the parties to approach the Court by way of an application with regards to determining the reasonableness of the increased fees.

23. Directions To Expedite Cheque Bounce Cases : Supreme Court Seeks Status Report From High Courts On Compliance

The Supreme Court on Thursday directed Registrar Generals of all High Courts to file a status report regarding compliance of directions issued by it to expedite the trial of cheque dishonour cases under Section 138 of the Negotiable Instruments Act.

24. UPSC Civil Service Exams : Supreme Court Asks Centre To Consider COVID-Affected Candidates' Plea For Extra Chance In Mains Within 2 Weeks

The Supreme Court on Thursday asked the Union Government to consider a plea by civil service aspirants for an extra-chance in the UPSC Civil Services Mains Exam as they could not appear for it in January 2022 due to COVID-related problems, in the light of a Parliamentary Committee Report which recommended grant of relaxations to students affected by the pandemic.

Also Read: Extra Attempt In UPSC Mains For Candidates Who Missed It Due To COVID Can't Be Considered, Centre Tells Supreme Court

Possible To Give One Time Relaxation For Candidates Who Missed Mains Due To COVID? Supreme Court Asks Centre, UPSC

25. Supreme Court Gives Sharad Yadav Time Till May 31 To Vacate Official Bungalow In Delhi On Humanitarian Grounds

The Supreme Court on Thursday granted disqualified Rajya Sabha MP and former Union Minister Sharad Yadav time till May 31, 2022 to vacate the official bungalow allotted to him in Delhi in his capacity as a Member of Parliament. A bench comprising Justices DY Chandrachud, Sanjiv Khanna and Surya Kant granted Yadav time on "humanitarian grounds" considering his ill-health. The time extension is given on condition that Yadav should file an undertaking that he will vacate the premises after May 31, 2022.

Also Read: Sharad Yadav Seeks Time To Vacate Official Bungalow On Humanitarian Grounds; Supreme Court Seeks Centre's Response

26. NEET-PG :Supreme Court Cancels Mop-Up Round Counselling For AIQ; Opens 146 Additional Seats For Students Who Joined Round 2

In a major development, the Supreme Court on Thursday cancelled the All India Quota Mop-Up Round Counselling for NEET-PG 2021-2022 admissions in order to resolve the anomalies arising from the addition of 146 seats to the Mop Up Round which were not available to candidates in Rounds 1 and 2 of the AIQ.

Also Read: NEET-PG : Supreme Court Orders Status Quo In Mop-Up Round Counselling; Asks DGHS To Revisit Addition Of 146 Seats & Bar On Students Who Took State Quota Seats

Also Read: 'Staying Counselling An Extreme Step' : Supreme Court Seeks DGHS Response In Doctors' Plea To Participate In Mop-Up Round Of NEET-PG Admissions

27. 'Not A Good Picture' : Supreme Court On Vacancies In District Hospitals In UP

The Supreme Court has expressed concerns at the lack of medical services in district levels in the State of Uttar Pradesh. The Court reminded that providing adequate medical facilities at the district levels along with education are the primary functions of the State and added that the Court expected a focus on these aspects, now that the elections are over.

28. 'Let The Exam Go Through' : Supreme Court Dismisses Plea To Modify Order Granting Upper-Age Relaxation In DJSE

The Supreme Court on Friday dismissed a plea seeking to change the cut-off of "Not Born Before 01.01.1989" for General Category Candidates in the Delhi Judicial Service Exam as "Not Born Before 01.01.1988".

29. Supreme Court Asks Gujarat HC To Decide On Merits Tushar Gandhi's Plea Challenging Sabarmati Ashram Redevelopment Plan

The Supreme Court on Friday sent back to the Gujarat High Court the petition filed by Mahatma Gandhi's great-grandson Tushar Gandhi challenging the Gujarat Government's decision to redevelop the Sabarmati Ashram in Ahmedabad.

30. Supreme Court Dismiss Maharashtra Govt Plea For Court Monitored SIT Probe Into Allegations Against Anil Deshmukh

The Supreme Court, on Friday, refused to interfere with the order of the Bombay High Court which dismissed the State of Maharashtra's plea seeking a Court-monitored probe by a Special Investigation Team (SIT) against its former Home Minister, Anil Dekhmukh.

31. Very Sorry State of Affairs: Supreme Court On Pendency Of Execution Proceedings In Arbitration Matters For More Than 20 Years In Executing Courts In UP

The Supreme Court on Friday expressed concerns at the pendency of execution proceedings for executing the award in Arbitration Matters before subordinate courts/executing courts in the State of Uttar Pradesh. The Court observed that if the Award, under the Arbitration Act, is not executed at the earliest, it will frustrate the purpose and object of the Arbitration Act as well as the Commercial Courts Act.

32. Future Group Colluding With Reliance To Handover Stores, Amazon Alleges Before Supreme Court

Seeking orders to restrain Future Retail Limited from alienating its assets, e-commerce giant Amazon submitted on Friday before the Supreme Court that the FRL was acting in collusion with Reliance so to let the latter take over the former's stores in violation of the injunction orders. Future Group, on the other hand, submitted that it was facing great financial difficulties which resulted in termination of the leases of their stores, and that the landlords later handed over the properties to Reliance group.

33. Supreme Court Pulls Up ED For Attaching Properties Despite Having Notice Of Hearing

In connection with a PMLA case where the "basic question involved is whether the provisional attachment order of 3.6.2021 ceases to be in force on the expiry of 180 days", the Supreme Court on Friday pulled up the ED for proceeding to seal the properties in question and taking symbolic possession despite the Court's March 28 order permitting the service of the advance copy of the petition on the central agency.

34. Maharashtra Cabinet Minister Nawab Malik Approaches Supreme Court Against ED Arrest After Bombay High Court Refuses Relief

Maharashtra Cabinet Minister and NCP leader Nawab Malik has filed a Special Leave Petition in the Supreme Court seeking his immediate release in the money laundering case being investigated by the Enforcement Directorate. The petition stems from the Bombay High Court's order of March 15, 2022, refusing interim release in a habeas corpus petition filed on the ground that his arrest was "completely illegal," consequently challenging the Special Court's order remanding him in custody.

35. Online Portal Developed For Motor Accident Claims : Centre & Insurers Tell Supreme Court

The insurance companies have developed a web-portal under the aegis of the Ministry of Road Transport and Highways which can be used to upload information related to motor vehicle accidents and to integrate the database relating to accident claims.

36. Death Penalty : Supreme Court To Consider Laying Down Guidelines For Assessment Of Mitigating Circumstances

The Supreme Court has suo moto decided to consider laying down norms and guidelines pertaining to the process of collecting and scrutinising mitigation information in death penalty matters. A Bench comprising Justices U.U. Lalit, S. Ravindra Bhat and P.S. Narasimha decided to issue notice to the Attorney General for India and Member Secretary, National Legal Services Authority (NALSA) before setting out the guidelines. It appointed Senior Advocate, Mr. Siddhartha Dave and Advocate, Mr. K. Parameshwar to assist the Bench.

37. Supreme Court Deprecates High Court's Delay Of 4 Months In Uploading Final Judgment After Dictation Of Operative Portion

The Supreme Court recently deprecated the course adopted by the Allahabad High Court in delaying the uploading of the final judgment in a case for nearly 4 months after the dictation of the operative portion.

"What emerges is something which we cannot countenance. It is stated that the operative portion of the order was dictated in Court on 06.11.2019 but the final order was dictated only on 15.03.2020 i.e. after 4 months!" the Supreme Court remarked

38. What Are The Minimum Hours Of Clinical Training Which Student Nurses Should Undertake? Supreme Court Asks Indian Nursing Council

The Supreme Court recently sought response from Indian Nursing Council with regards to minimum hours of clinical training that the student-nurses are expected to undertake either in the parent or in the affiliated hospital, to achieve the norms applicable all across the country.

39. Can Bail Be Granted In Murder Case On The Ground Of Settlement Between Accused & Deceased's Son? Supreme Court to Examine

A SLP has been filed in the Supreme Court challenging Gujarat High Court's order of granting bail to an accused who was in custody for 5 months for murder on the ground that son ofthe deceased and the accused persons have entered into a settlement.

40. Criminal Appeals From 1980s Pending In Allahabad HC; Convicts Awaiting Bail Even After 16 Yrs Sentence : Supreme Court Says "Disturbing State Of Affairs"

The Supreme Court recently termed the state of affairs before the Lucknow Bench of Allahabad High Court as "disturbing" on being apprised of the pendency of bail applications of convicts who have undergone more than 16 years of incarceration and non availability of criminal bench to hear the same for the last 25 days.

41. Direction To Adopt Draft Criminal Rules of Practice:Supreme Court Seeks Action Take Report From High Courts, States

The Supreme Court has directed the Registrar Generals of the High Courts and the Chief Secretaries of the State Governments to file an action report within three weeks from March 24 regarding the compliance of directions to adopt the Draft Criminal Rules On Practice approved by the Court last year. A bench comprising Justice L Nageswara Rao, S Ravindra Bhat and BR Gavai issued the direction after noting that most states have not complied with the orders passed in April 2021.

42. Supreme Court Quashes Rape Case Invoking Article 142 As Complainant Gets Married To Accused

Invoking its power under Article 142 of the Constitution of India, the Supreme Court has quashed a Rape case as it noted that the complainant/alleged victim got married to the appellant/accused.

43. Jammu & Kashmir Residents Move Supreme Court Challenging Delimitation Exercise In The Union Territory

A writ petition has been moved before the Supreme Court by two residents of the UT Jammu and Kashmir challenging the March 2020 decision of the Central government to appoint a Delimitation Commission to redraw Lok Sabha and assembly constituencies of the Union Territory Jammu and Kashmir.

44. Supreme Court Criticises Centre For Filing Appeals Against Grant Of Disability Pension To Army Officers

The Supreme Court has criticised the Union Government for filing appeals against the grant of disability pension to army officers, even in matters where the legal position is settled.

45. Supreme Court Grants Bail To 12 Convicts Who Were In Custody For More Than 14 Years

The Supreme Court recently enlarged 12 convicts on bail who were in custody for more than 14 years and whose bail applications were pending before the Allahabad High Court for years. The bail was granted by the bench of Justices Indira Banerjee and AS Bopanna while considering a writ petition filed by the convicts seeking bail.

46. Ukraine-Returned Indian Students Approach Supreme Court Seeking To Continue Medical Education In India

Students pursuing professional medical education at various institutions across Ukraine have approached Supreme Court seeking formulation of policy by Union as a special measure to enable the Indian Medical students who were studying in Ukraine to continue their medical education.

47. All India Muslim Personal Law Board Moves Supreme Court Against Karnataka HC's Hijab Verdict

The All India Muslim Personal Law Board has filed a special leave petition in the Supreme Court against the Karnataka High Court's judgment which upheld the ban on hijab in classrooms after holding that the wearing of headscarves by Muslim women was not an essential religious practice of Islam.

The Board has moved to the Supreme Court through its Secretary, Mohammed Fazlurrahim along with two other petitioners namely, Munisa Bushra and Jaleesa Sultana Yaseen.

Also Read: 'Hijab Verdict Based On Wrong Interpretation Of Quran' : Islamic Clerics Body Moves Supreme Court Against Karnataka HC Judgment

48. 2006 J& K Sex Scandal Case: Supreme Court Upholds Acquittal Of Former BSF DIG

Rejecting an appeal filed by the Central Bureau of Investigation, the Supreme Court of India upheld the acquittal of former BSF DIG KC Padhi in the 2006 Jammu and Kashmir sex scandal case.

A Bench comprising Justice AM Khanwilkar, Justice Abhay S Oka and Justice C T Ravikumar upheld the 2020 decision of Punjab and Haryana High Court reversing Trial Court's order convicting him for the charge of rape and sentencing to undergo 10 years' rigorous imprisonment with fine of Rs.1,10,000.

49. Gratuity : 6% Or 10% Interest For Delayed Payment Of Gratuity? Supreme Court To Consider

The Supreme Court has issued notice on a petition filed challenging the order passed by the Orissa High Court upholding the reduction in interest on delayed payment of gratuity amount from 10% to 6% based on provisions of Interest Act instead of the Payment of Gratuity Act.

A Bench comprising Justice DY Chandrachud and Justice Surya Kant has issued notice returnable in 12 weeks and has directed the counter affidavits to be filed in 6 weeks.

50. Is State's Concurrence Mandatory To Allow Transfer Of IAS Officer To Join Spouse's Cadre? Supreme Court To Consider

The Supreme Court has agreed to examine the legal issue pertaining to the effect of Rule 5(2) of the IAS (Cadre) Rules, 1954 and the impact of insistence on concurrence by the State Government for the transfer of an officer in the context of marriage with another officer of the All India Service.

51. Is Affinity Test Integral To Determination Of Caste Status?What Should Be Parameters To Verify Caste Certificates? Supreme Court Refers To Larger Bench

The Supreme Court, on Thursday, opined that the parameters to be considered by the Caste Scrutiny Committee to verify the caste certificate needs to be decided by a larger Bench.

Observing that two judgments rendered by the Division Bench of the Apex Court have set out different parameters for the verification of caste certificates, a Bench comprising Justices Hemant Gupta and V. Ramasubramanian referred the issue to be authoritatively decided by a Three Judge Bench. Considering the issue arises in several cases in the State of Maharashtra and the fact that the plea was filed far back in the year 2009, the Bench requested the Chief Justice of India to constitute the larger Bench at an early date.