Supreme Court Monthly Roundup – June 2021

“… an individual must be in complete control of her name and law must enable her to retain as well as to exercise such control freely “for all times”. Such control would inevitably include the aspiration of an individual to be recognized by a different name for a just cause.”
Jigya Yadav v. CBSE, 2021 SCC OnLine SC 415


UNMISSABLE STORIES


No conviction under Section 364A IPC if kidnapper treats victim in “a good manner”

Supreme Court has laid down the essential ingredients required to be proved by prosecution to convict an accused under Section 364A IPC i.e. kidnapping for ransom.

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Can’t let improper imports affect Indian farmers and national economy. “Prohibited goods” liable to absolute confiscation

“When personal business interests of importers clash with public interest, the former has to, obviously, give way to the latter.”

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Tamil Nadu Land Acquisition Laws; Explains legislative competence to pass a retrospective validating Act

“A legislature is deemed to be the main protagonist of the public interest at large. For, the legislature is the bulwark of a democratic polity.”

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No case of sedition made out against journalist Vinod Dua

“… a citizen has a right to criticize or comment upon the measures undertaken by the Government and its functionaries …”

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Right to control one’s identity a fundamental right; CBSE must permit change of name for just cause

CBSE cannot put fetters on its duties so as to cause grave prejudice to the students with legitimate causes for changing their certificates.

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COVID-19 STORIES


COVID-19| NDMA to come up with uniform guidelines for ex gratia assistance on account of lives lost due to Covid-19 within 6 weeks

According to the official figure, the pandemic has caused more than 3,85,000 deaths, the same is likely to increase further.

“… these deaths have affected the families from all classes – the rich and poor, professionals and informal workers, and traders and farmers. It has also affected the kins as well as elderly members, old parents. Many have lost the sole bread earner.”

Read directions …

Migrant Labourers| ‘One Nation One Ration Card’ Scheme to be a reality in all States by July 31st!

“When the migrant labourers form more than 1/4th population of the country, all Governments/authorities have to take special care regarding welfare of these migrant workers/labourers.”

Read directions …

Children orphaned by COVID-19| No illegal adoption; no discontinuance of education: Here’s the list of Supreme Court directions

The information provided by the State Governments/Union Territories on the ‘Bal Swaraj’ Portal upto 05.06.2021 shows that there are 30,071 children who have become orphans or have lost one parent or abandoned.

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CoWIN| Vaccination policy exclusively relying on a digital portal? Chances of universal immunization look grim

“It may not be feasible to require the majority of our population to rely on friends/NGOs for digital registrations over CoWIN, when even the digitally literate are finding it hard to procure vaccination slots.”

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COVID-19 Vaccination Policy| Supreme Court seeks clarifications from Centre on these five issues

“In grappling with the second wave of the pandemic, this Court does not intend to second-guess the wisdom of the executive when it chooses between two competing and efficacious policy measures. However, it continues to exercise jurisdiction to determine if the chosen policy measure conforms to the standards of reasonableness, militates against manifest arbitrariness and protects the right to life of all persons.”

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Supreme Court stays Delhi HC’s order holding IGST on personal oxygen concentrators unconstitutional

Delhi High Court had called oxygen shortage a ‘George Floyd moment for the citizens’ and had held the imposition of IGST on oxygen concentrators imported by individuals, unconstitutional.

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COVID-19 Second Wave | Financial relief a policy matter; Similar order already passed: SC refuse to entertain plea seeking loan moratorium extension

“Be that as it may, the financial relief and other measures are in the domain of the Government and essentially related to policy matter.”

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STUDENTS AND EXAMINATIONS AMIDST COVID-19 PANDEMIC

In a relief to State Board Class XII students, Supreme Court asks Boards to formulate Schemes within 10 days

“… we are not endorsing the correctness and validity of the proposed Schemes, to be so formulated by the concerned Boards. That will be considered on its own merits, if and when occasion arises.”

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Class XII students’ evaluation scheme by CBSE and ICSE approved by Supreme Court with two additions

The scheme must incorporate two aspects:

(i) providing for Dispute Resolution mechanism, in case the students apply for correction of the final result declared by the concerned Boards.

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Cancellation of Class XII Board exams; CBSE, ICSE Assessment Schemes: Fair, reasonable and in larger public interest

“The fact that other Boards or institutions have been able to conduct examination does not necessarily mean that the Boards before us are bound by that dispensation. The Boards are autonomous Boards and are entitled to evolve their schemes independently.”

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AIIMS INI-CET exam to be postponed by at least a month

“… the fixing of the INI CET on 16.06.2021 is arbitrary and discriminatory… ”

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MORE STORIES


Interim protection from arrest in a sexual offence case? Record some reasons at least!

“… the least that is expected by the High Court is to record some reasons as to why it chooses to exercise its extra-ordinary jurisdiction.”

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Italian marines allegedly kill two Indian fisherman in 2012! Here’s why Supreme Court has closed all proceedings against them

In 2012, two fishermen were killed while fishing off the coast of Kerala after allegedly two Italian Military Naval officials fired at them from a passing ship.

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The 14 directions by Supreme Court to ensure timely execution of decrees

As on 31.12.2018, there were 11,80,275 execution petitions pending in the subordinate courts.

Read directions …

Punjab gangster Jai Pal Singh Bhullar gets killed in alleged police encounter in Kolkata; SC directs P&H HC to re-consider plea for second post-mortem

The petitioner, father of late gangster Jai Pal Singh Bhullar, alleged that his son had been killed in a police encounter and there were serious issues of human rights violation. The petitioner contended that his son had been mercilessly tortured to death under the guise of a fake encounter and the body was handed over by the West Bengal authorities in the sealed box.

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Motor accidents claims| A one-stop online platform for Insurers, Police and Tribunals across the country soon to be a reality? Read Supreme Court directions

The bench of Sanjay Kishan Kaul and R. Subhash Reddy, JJ has issued directions with respect to motor vehicle accident claims and has said that the said “directions will apply across the country so that a uniform practice is followed.”

Read more…


EXPLAINERS


Can compassionate appointment be given years after the death of the employee? What happens in case of employee’s civil death?

When can proviso (6) to Section 92 of Evidence Act, 1872 be invoked?

Scope of Section 80-IA(5) of the Income Tax Act, 1961 with respect to determination of quantum of deduction under Section 80-IA(1)

Cruelty and Dowry Death: Can conviction under Section 304-B IPC sustain without any charges under Section 498A IPC?


IN OTHER NEWS


CJI NV Ramana releases Justice Raveendran’s Book on Anomalies in Law

One comment

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