Supreme Court Monthly Roundup – July 2020


TOP NEWS


COVID-19

Final Year Exams| “Heavens will not fall if exams are not conducted”, AM Singhvi tells SC

UGC says it’s irrational to exempt final year students from exams; Students call the stand ‘baffling’

Health Care| Period of quarantine of doctors/health workers cannot be treated as leave; SG submits

Mere direction to comply with our order on COVID-19 treatment not enough; Submit compliance report: SC to Centre

Migrant workers|  Making Rules not enough; submit affidavit on steps taken: SC to all States/UTs

 SC pulls up Maharashtra for lapses; says “this is not an adversarial litigation”

CA Exams| SC disposes of the petition after ICAI postpones CA exams to November 2020

VIKAS DUBEY ENCOUNTER

SC gives a go ahead to Inquiry Committee headed by Former SC judge Justice B S Chauhan

SC dismisses plea seeking removal of ex-DGP KL Gupta from Inquiry Committee

RAJASTHAN POLITICAL CRISIS

Speaker’s petition requires detailed hearing; HC’s order will be subject to the outcome of the same: SC

Rajasthan Speaker CP Joshi withdraws plea challenging HC’s order asking him to defer disqualification proceedings

PRASHANT BHUSHAN CONTEMPT CASE

SC issues notice in suo motu contempt petition against advocate Prashant Bhushan and Twitter

EXECUTION OF WILL

Sufficient to prove attestation of one attesting witness to be in his handwriting when both attesting witnesses are dead

SC explains limits on power of a Hindu to execute a will and effect of Section 30 of the Hindu Succession Act, 1956 thereon

SC explains the impact of the Hindu Women’s Right to Property Act, 1937 on execution of Will

ONE NATION ONE EDUCATION BOARD

SC refuses to entertain PIL; Says it’s not the function of the Court

EVIDENCE

SC clarifies law on admissibility of electronic evidence without certificate under Section 65B of Evidence Act, 1872


MORE NEWS


Plea against SC Registry alleging bias in listing matters dismissed with a cost of Rs. 100

“The conduct indicates that the petitioner was careless and not serious while he made the allegations.  He filed writ application without due inquiries, and without collecting the requisite material.  Such conduct was least expected of an officer of this Court. Petitioner ought to have been careful before cast of unnecessary aspersions on the Registry and staff of this Court.”

SC upholds Travancore royal family’s right in administration of Sree Padmanabhaswamy Temple in Kerala

“the death of the Travancore ruler, who signed the covenant, does not affect the rights of the Shebaitship Travancore family over the temple and it will survive as per the customs.”

Even non-payment of entire sale consideration cannot be a ground cancellation of sale deed

“Once the title in the property has already passed, even if the balance sale consideration is not paid, the sale could not be invalidated on this ground.”

Installation of CCTV cameras in Police Stations: SC seeks MHA’s update on implementation of it’s 2017 judgment

The Court had, in Shafhi Mohammad judgment,  directed the Central Oversight Body (COB) to issue appropriate directions so as to ensure that use of videography becomes a reality in a phased manner and in first phase of implementation by 15th July, 2018 crime scene videography must be introduced at least at some places as per viability and priority determined by the COB.

SC extends tenure of the Chairman and members of TDSAT for 3 months

“…the tenure of the Chairman and the members of TDSAT be extended for a period of three months during which period the entire process of appointment of the Chairman and members be completed.”

When can a case be transferred from High Courts to the Supreme Court under Article 139A? SC explains

Can a policy framed under Article 161 for grant of remission override the requirements under Section 433-A CrPC? Larger bench to decide

The 3-judge bench of UU Lalit, MM Shantanagoudar and Vineet Saran referred the question to a larger bench and framed the following issue:

“Whether in exercise of power conferred under Article 161 of the Constitution a policy can be framed, whereunder certain norms or postulates are laid down, on the satisfaction of which the benefit of remission can thereafter be granted by the Executive without placing facts or material with respect to any of the cases before the Governor and whether such exercise can override the requirements under Section 433-A of the Code.”

NGT Vacancies| “This is an appalling situation”; Notify all vacancies in one go within 10 days: SC to Centre

“This is an appalling situation concerning the premier institution such as National Green Tribunal, which is required to deal with environmental issues. That cannot be countenanced.”

Liability under Section 68 of FERA, 1973 depends on the role a person plays in the company and not the designation

“…for proceeding against a Director of a company for contravention of provisions of FERA, 1973, the necessary ingredient for proceeding shall be that at the time offence was committed, the Director was in charge of and was responsible to the company for the conduct of the business of the company.”

SC dismisses petition seeking review of the 2019 verdict that upheld the constitutionality of the Karnataka Reservation Act, 2018

The bench of UU Lalit and Dr. DY Chandrachud, JJ refused to review it’s verdict in B K Pavitra v Union of India(2019) 16 SCC 129 wherein it had upheld the constitutional validity of the Karnataka Extension of Consequential Seniority to Government Servants Promoted on the Basis of Reservations (to the Posts in the Civil Services of the State) Act 2018.

Disallowance under Section 40(a)(ia) of IT Act whether confined to the amount “payable” and not to the amount “already paid”?SC explains

“… the expression “payable” is descriptive of the payments which attract the liability for deducting tax at source and it has not been used in the provision in question to specify any particular class of default on the basis as to whether payment has been made or not.”

Deposit Rs. 50,000 & recover it from the delinquent Gov’t officer; SC in an application seeking condonation of delay of 587 days

“These are what we categorise as “certificate cases” filed by the departments to obtain an order of dismissal from the Supreme Court so that they can go back and say that they have made all endeavours to limit the loss to the State.”

NLU Jodhpur student’s death: SC asks Rajasthan Police to complete the investigation within 2 months

The mother of 21-year-old NLU student claimed that the FIR in the case was not registered for a period of 10 months from the date when the incident occurred, and was reluctantly filed thereafter. Three years since, the investigation is at a standstill with no progress and no chargesheet filed in the case, stated the plea.

SC dismisses plea challenging conduct of CLAT exams online

SC issues notice to Centre and Assam on plea challenging the process of delimitation of Constituencies

Stay on coercive action against Amish Devgan for remarks on Sufi saint Khwaja Moinuddin Chisti extended till August 5

Unitech’s Sanjay Chandra gets interim bail as parents hospitalised after testing COVID-19 positive

1984 Anti-Sikh riots| No interim bail to COVID-19 positive convict Mahendra Singh Yadav

Notice to Centre on petition seeking payment of maternity benefit to all pregnant and lactating women


IN OTHER NEWS


SC directs AoRs and Parties-in-person to also file soft copies of petitions along with hard copies

Justice R. Banumathi retires: Bidding adieu to the 6th woman Judge of the Supreme Court on her retirement

Join the discussion

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.