Supreme Court Monthly Roundup – August 2019


Sexual Harassment allegations against CJI: Justice AK Patnaik completes inquiry into ‘larger conspiracy’ allegations

A Supreme Court-appointed one-man panel, holding inquiry into allegations of “larger conspiracy” to frame Chief Justice of India Ranjan Gogoi, has completed the inquiry and is likely to submit the report by mid-September.

Missing UP Law Student Case| She should be kept wherever she feels safe and comfortable: SC

When the UP law student who went missing was brought before the bench of R Banumathi and AS Bopanna, JJ after being found in Rajasthan, she told the Court that she wants to stay in Delhi and not return to her home. The Court, hence, directed that the woman was to be kept wherever she felt safe and comfortable.

Linking of social media accounts with Aadhaar: SC issues notice to social media websites on Facebook’s transfer plea

While hearing Facebook Inc’s petition asking Supreme Court to hear all cases related to demands for linking Aadhaar to social media accounts and tracing the source of WhatsApp messages, the Court said that there has to be a balance between privacy and how to govern.



SC slams Nirmohi Akhara for opposing Ram Lalla’s plea; Says you ‘stand’ or ‘fall’ together

No Muslim has entered the disputed land since 1934: Nirmohi Akhara

SC seeks evidence of possession of Ramjanmabhumi from Nirmohi Akhara

Both Hindus & Muslims have always called the disputed site a ‘Janmasthana’: Ram Lalla’s counsel

SC rejects Sr Adv Rajeev Dhavan’s plea against 5-days a week hearing

Arguments advanced on whether there was an existing temple at the disputed site

Court shouldn’t go beyond rationality of belief of Ayodhya being Lord Ram’s birthplace: Ram Lalla’s counsel

Excavations show that a massive Lord Ram temple existed at the disputed site: Ram Lalla’s counsel

Babri Masjid was built either on the ruins of Ram Mandir or by pulling it down: Ram Lalla’s counsel

There was a temple in the inner courtyard of the disputed site: Nirmohi Akhara



Bail to P. Chidambaram will affect the cases of Mallya, Choksi, Modi, etc: ED

SC dismisses P Chidambaram’s plea against CBI arrest



5-judge bench to hear the plea challenging J&K Reorganisation Bill; SC says ‘We know what to do’

Won’t rush into passing any direction on removal of restrictions on the media in J&K: SC


Big relief for homebuyers as SC upholds the validity of the 2018 Amendments to IBC

The 3-judge bench of RF Nariman, Sanjiv Khanna and Surya Kant, JJ has held the Amendment Act to Insolvency and Bankruptcy Code, 2016 made pursuant to a report prepared by the Insolvency Law Committee dated 26th March, 2018 does not infringe Articles 14, 19(1)(g) read with Article 19(6), or 300-A of the Constitution of India.

Maintain ‘Aadhaar-like’ secrecy for Assam NRC Data: SC to Centre

The Court has directed the Central Government to enact an appropriate regime for on lines similar to the security regime provided for AADHAR data. Only thereafter, the list of inclusions and exclusions shall be made available to the State Government, Central Government and Registrar General of India.

Unnao rape case: All cases transferred to Delhi; Probe to be completed within maximum 14 days

The Court has asked CBI to investigate within 7 days the mysterious case of the accident in which the Unnao rape survivor was seriously injured along with her lawyer while her two aunts were killed in Rae Bareli on Sunday. The investigation is to be conducted by Secretary General under supervision of sitting SC judge nominated by CJI, to ascertain whether there was any lapse/negligence by registry officials in delay in processing letter of Unnao rape victim’s mother to CJI.

Babri Masjid demolition| Special Judge conducting trail involving LK Advani & others writes to SC seeking protection

 The bench of RF Nariman and Surya Kant, JJ has asked the Uttar Pradesh government to pass orders within two weeks on extension of tenure of the special judge conducting trial in the 1992 Babri Masjid demolition case, involving BJP veterans L K Advani, M M Joshi and Uma Bharti, in Lucknow.

Triple Talaq| SC issues notice to Centre on plea challenging the new law

The bench of NV Ramana and Ajay Rastogi, JJ has agreed to examine the validity of a newly enacted law which makes the practice of instant divorce through triple talaq among Muslims a punishable offence entailing imprisonment of up to three years.

Can’t interpret “by another year” under Rule 105 of Delhi School Education Rules 1973 as “by one year at a time”: SC

The bench of Dr DY Chandrachud and Aniruddha Bose, JJ has held that the words “by another year” in Rule 105(1) of Delhi School Education Rules 1973 stipulate that the maximum period of probation permissible is two years.

High Court, being the disciplinary authority, has the power to suspend Judicial Officers: SC

In a case where a Judicial Officer in Delhi Higher Judicial Services, against whom disciplinary proceedings alleging sexual harassment is underway, had sought a copy of Preliminary Inquiry Report, the bench of Ashok Bhushan and Navin Sinha, JJ has held that no prejudice can be held to be caused to the petitioner by non-supply of the Preliminary Inquiry.

Merely because the period fixed for liquidation is over, the proceedings for recovery of dues do not stand closed: SC

Merely on the liquidation of Society, or the factum that the period fixed for liquidation is over, liability of the members for the loans cannot be said to have been wiped off. The disbursement of loan in an arbitrary manner and failure to recover was the very fulcrum on the basis of which winding up of the Society was ordered.

Plaintiff can take a plea of adverse possession under Article 65 of Limitation Act, 1963: SC

The 3-judge bench of Arun Mishra, SA Nazeer and MR Shah, JJ has held that the Article 65 of Limitation Act, 1963 not only enables a person to set up a plea of adverse possession as a shield as a defendant but also allows a plaintiff to use it as a sword to protect the possession of immovable property or to recover it in case of dispossession.

SC does ‘temporary patchwork’ in CrPC by granting power to Magistrate order accused to give voice samples

The 3-judge bench of Ranjan Gogoi, CJ and Deepak Gupta and Sanjiv Khanna, JJ, has held that until explicit provisions are engrafted in the Code of Criminal Procedure by Parliament, a Judicial Magistrate must be conceded the power to order a person to give a sample of his voice for the purpose of investigation of a crime.

Man rapes a 10-year-old & throws her & her brother alive in canal; SC awards death sentence by a 2:1 verdict

In a ghastly case involving rape and murder of 2 children, the 3-judge bench of RF Nariman, Surya Kant and Sanjiv Khanna, JJ upheld the conviction of the accused but gave 2:1 verdict on quantum of punishment.


SC Collegium recommends elevation of 4 Judges to the Supreme Court

Lok Sabha passes — Supreme Court (Number of Judges) Amendment Bill, 2019

Parliament receives assent of the President for –Supreme Court (Number of Judges) Amendment Bill, 2019

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