Supreme Court Monthly Roundup – September 2021

“Time has now come to change the work culture and get out of the adjournment culture so that confidence and trust put by the litigants in the Justice delivery system is not shaken and Rule of Law is maintained.”

-Justice MR Shah


TOP STORIES


No more Tareekh pe Tareekh! Repeated adjournments break the back of the litigants; kill justice: Supreme Court

“Any effort which weakens the system and shake the faith of the common man in the justice dispensation has to be discouraged.”

Read more…

Extend benefits of welfare schemes not only to children orphaned by Covid-19 but also to children orphaned during Covid-19

“It is heart-wrenching to note that the survival of so many children is at stake.”

Read more…

‘You are throwing mud at all and sundry but we refuse to back off’; Supreme Court holds Suraz India Trust Chairman guilty of contempt

“Such litigants cannot be permitted to have their way only because they can plead and write anything they feel like and keep on approbating by sometimes apologising and then again bringing forth those allegations.”

Read more…

Judges speak through their judgments and orders: Supreme Court pens down it’s opinion on oral regimes

“Judges speak through their judgments and orders. The written text is capable of being assailed. The element of judicial accountability is lost where oral regimes prevail. This would set a dangerous precedent and is unacceptable. Judges, as much as public officials over whose conduct they preside, are accountable for their actions.”

Read more…

“Writing judgments is an art”: Pained by lack of clarity in HC order, Supreme Court explains importance, purpose, contents and elements of a judgment

“The judgment replicates the individuality of the judge and therefore it is indispensable that it should be written with care and caution.”

Read more…

Resolution Applicant under IBC not allowed to withdraw/modify its Resolution Plan, once submitted for approval of NCLT

“The existing insolvency framework in India provides no scope for effecting further modifications or withdrawals of CoC-approved Resolution Plans, at the behest of the successful Resolution Applicant, once the plan has been submitted to the Adjudicating Authority.”

Read more…

SC resolves quandary over interplay of S. 9 and S. 17 of Arbitration Act

“With the law as it stands today, the Arbitral Tribunal has the same power to grant interim relief as the Court and the remedy under Section 17 is as efficacious as the remedy under Section 9(1). There is, therefore, no reason why the Court should continue to take up applications for interim relief, once the Arbitral Tribunal is constituted and is in seisin of the dispute between the parties, unless there is some impediment in approaching the Arbitral Tribunal, or the interim relief sought cannot expeditiously be obtained from the Arbitral Tribunal.”

Read more…

Transfer isn’t a right of employee but discretion of employer

It is not for the employee to insist transfer or deny it at a particular place.

Read more…

‘Parliament entitled to make policy choices on fiscal issues’. Supreme Court upholds constitutionality of Section 54(3) of CGST Act

“A claim to refund is governed by statute. There is no constitutional entitlement to seek a refund.”

Read more…


EXPLAINERS



MORE STORIES


Compromise cannot be taken to be a solitary basis for reduction of sentence

In a case where a compromise was reached between parties, 28 years after an incident left the victim crippled for life, the Court said that such a brutality cannot be ignored which is not against the individual but the crime is against the society which has to be dealt with sternly.

Read more…

Retrospective seniority from a date when employee was not even borne in service? A big no

“… the seniority balance cannot be tilted against those who entered service much before the respondent. Seniority benefit can accrue only after a person joins service and to say that benefits can be earned retrospectively would be erroneous.”

Read more…

Wrongful termination| Reinstatement with full back wages not automatic in every case

Reinstatement with full back wages is not automatic in every case, where termination / dismissal is found to be not in accordance with procedure prescribed under law, the Court held that in the present case, the ends of justice would be met by awarding lump sum monetary compensation.

Read more…

Imprisonment for life is equivalent to rigorous imprisonment for life

In a case where a man was convicted for killing his wife on the suspicion of her infidelity and was sentenced to undergo rigorous imprisonment for life, the bench of L. Nageswara Rao and BR Gavai, JJ has refused to go into the question of propriety of specifying rigorous imprisonment while imposing life sentence and has held that imprisonment for life is equivalent to rigorous imprisonment for life.

Read more…

‘Labour Court’s decision should not be based on mere hypothesis’; SC upholds bank employee’s dismissal in a 33 year old case

“Judicial discretion, it is trite, cannot be exercised either whimsically or capriciously. It may scrutinize or analyse the evidence but what is important is how it does so.”

Read more…

More than a prima facie case! Supreme Court’s test for invoking power under Section 319 Cr.P.C.

“The power cannot be exercised in a casual and cavalier manner.”

Read more…

SC upholds demand of ‘royalty for controlled water’ levied on CPPs by Kerala Electricity Board

“Since the private entity or agency would stand to gain from and out of the capital outlay and infrastructure put in place by the State, some reasonable charges for such benefit would naturally be imposed.”  

Read more…

Nothing wrong with OBC Reservation for consecutive term for the office of Mayor; SC interprets Maharashtra Rules

“It is the duty of the Court to avoid a head-on clash between two sections and construe the provisions which appear to be in conflict with each other in such a manner so as to harmonise them.”

Read more…

“Strict rules of evidence are not applicable to a Departmental Enquiry”; Supreme Court permits to exhibit case diary as a document in a departmental proceeding

The Petitioner, an Additional District Judge in the State of Uttarakhand was facing a departmental enquiry. The grievance of the petitioner was that his application for placing certain documents on record before the Enquiry Officer was rejected on the ground that the Presenting Officer had made an endorsement on the documents that they do not deserve to be admitted in view of Sections 85A and 85B of the Indian Evidence Act.

Read more…

SC orders demolition of illegal twin towers constructed by Supertech, prosecution of NOIDA and Supertech officials for collusion and possible statutory violations

‘The law must step in to protect legitimate concerns of residents whose quality of life is directly affected by the failure of the planning authority to enforce compliance of law.’

Read more…

Born in a district of Bihar that’s now a part of Jharkhand? Here’s where you can claim reservation

Such persons whose place of origin/domicile on or before the appointed day i.e. 15th November, 2000 was of the State of Bihar now falling within the districts/regions which form a successor State, i.e., State of Jharkhand under Section 3 of the Bihar Reorganisation Act, 2000 can claim the benefit of reservation for participation in public employment in either of the successor State of Bihar or State of Jharkhand. Reservation can, however, not be claimed in both the States simultaneously.

Read more…

Repeated inquiries for verification of caste certificates detrimental to members of SC/ST: Supreme Court states when reopening inquiry into caste certificate is permissible

“Repeated inquiries for verification of caste certificates would be detrimental to the members of Scheduled Castes and Scheduled Tribes. Reopening of inquiry into caste certificates can be only in case they are vitiated by fraud or when they were issued without proper inquiry.”

Read more…

Supreme Court on ‘Bogus Donations’ made to Trust: Delves to know whether registration under S. 12AA of Income Tax Act was being misused or not

As per the answers to the questionnaire put forward to the Managing Trustee, it depicted the extent of misuse of the status enjoyed by the Trust by virtue of registration under Section 12AA of the Act.

Read more…

Maintenance amount being paid to son scaled-down, but period of maintenance increased: Supreme Court

“Deductions which were being suffered by the appellant from his salary were largely in the realm of statutory and compulsory deductions which were made from the monthly income.”

Read more…

SC allows reduction in sentence under S. 498-A IPC if husband pays Rs 3 lakh compensation to wife, children

“The object of any criminal jurisprudence is reformative in character and to take care of the victim. It is towards this objective that Section 357 CrPC is enacted in the statute. The objective of which is to apply whole or any part of the fine recovered to be applied on payment to any person of compensation for any loss or injury caused by the offence.”

Read more…

Law on second appeal under S. 100 CPC

“[M]erely because the High Court refers to certain factual aspects in the case to raise and conclude on the question of law, the same does not mean that the factual aspect and evidence has been reappreciated.”

Read more…

Husband and Wife consumed pesticide after a quarrel, wife died but husband survived. Will allegation of abetment of suicide on husband survive?

“Abetment by a person is when a person instigates another to do something. Instigation can be inferred where the accused had, by his acts or omission created such circumstances that the deceased was left with no other option except to commit suicide.”

Read more…

Will long possession of a property by a caretaker/servant entitle him to acquire an interest in property?

Holding that caretaker/servant can never acquire interest in the property irrespective of his long possession, Bench of Ajay Rastogi and Abhay S Oka, JJ., held that trial court committed manifest error in appreciating the pleadings on record from plaint filed at the instance of a caretaker/servant.

Read more…

Scope of the Court to enquire in decision of an Executive: Whether Court is concerned with decision-making process or ultimate decision?

“While exercising powers of judicial review, the Court is not concerned with the ultimate decision but the decision-making process.”

Read more…

Chairman of party who entered into arbitration, can he be categorised as eligible under Arbitration and Conciliation Act?

Rule against bias is one of the fundamental principles of natural justice which apply to all judicial proceedings and quasi­judicial proceedings and it is for this reason that despite the contractually agreed upon, the persons mentioned in Sub­section (5) of Section 12 read with Seventh Schedule to the Act would render himself ineligible to conduct the arbitration.”

Read more…

“The question is of trust”. No matter how trivial the case, suppression of fact of conviction can lead to termination from service

When a candidate suppresses material information and/or gives false information, the choice/option whether to continue or not to continue such an employee always must be given to the employer.

Read more…

Stalker consumes poison in front of a girl’s house. Can she be tried for abetment of suicide? SC answers

‘Abetment’ involves mental process of instigating a person or intentionally aiding a person in doing of a thing.

Read more…

Absent direct evidence, SC invokes S. 113-A of Evidence Act to uphold conviction of husband, mother-in-law for abetment of suicide

“The evidentiary value of the close relatives/interested witness is not liable to be rejected on the ground of being a relative of the deceased. Law does not disqualify the relatives to be produced as a witness though they may be interested witness.”

Read more…

‘Basmati’ as Geographical Indication: SC directs Madras HC to reconsider petitions against over-inclusion in claimed ‘traditionally basmati cultivating areas’  

“… the High Court committed an error in not adjudicating the issue relating to over-inclusion of areas in the States forming part of the APEDA GI application.”

Read more…

Advocate trying to stall elevation of judicial officer as Judge of Telangana HC: Supreme Court terms writ petition ‘gross abuse of process of law’, imposes 5 lakh as costs

“We are surprised as the brazenness of the petitioner now filing the present petition under Article 32 of the Constitution of India, the aforesaid being the finding against him, to now somehow see that the elevation of [the Registrar General] does not take place on the account of these proceedings initiated by the petitioner. This is gross abuse of process of law.”

Read more…

Pujari who performs puja and maintains temple property, will he be treated as Bhumiswami? Who will be the owner of temple property?

“…name of the Collector as manager cannot be recorded in respect of property vested in the deity as the Collector cannot be a manager of all temples unless it is a temple vested with the State.”

Read more…

Can an officer of the department, appointed as sole arbitrator, continue the arbitration proceedings after his retirement?

“…once the Sole Arbitrator continued with the arbitration proceedings and passed the award within the extended period of time, it cannot be said that he has misconducted himself as he continued with the arbitration proceedings.”

Read more…

SC upholds Govt.’s decision to extend tenure of incumbent Director of Enforcement beyond two years, but orders no further extension to be granted

“There is no fetter on the power of the Central Government in appointing the Director of Enforcement beyond a period of two years.”

Read more…

Bail| Man with serious allegations against him cannot claim parity with a woman jailed with an infant

The allegations in the FIR and the material that has emerged from the investigation indicated that a major role has been attributed to him in the murder of the deceased and hence, no bail was warranted.

Read more…

Mutation entry doesn’t confer any right, title or interest in favour of person and the objective is only for fiscal purpose

“If there is any dispute with respect to the title and more particularly when the mutation entry is sought to be made on the basis of the will, the party who is claiming title/right on the basis of will has to approach the appropriate civil court and get his rights crystalized and only thereafter on the basis of the decision before the civil court necessary mutation entry can be made.”

Read more…

Virtual courts as facet of fundamental right: SC issues notice in writ petition filed by All India Association of Jurists

The petitioner claims to seek intervention of the Supreme Court “to effectuate the right of access to justice, and the freedom of practicing the noble profession of law irrespective of geographical location“.

Read more…

SC’s opinion on liability of railways towards passengers for delayed train arrival

These are the days of competition and accountability. If public transportation has to survive and compete with private players, they have to improve the system and their working culture.”

Read more…

SC upholds arbitration award of Rs 2728 crore plus interest in favour of Delhi Airport Metro Express (P) Ltd

“There is a disturbing tendency of courts setting aside arbitral awards, after dissecting and reassessing factual aspects of the cases to come to a conclusion that the award needs intervention …”

Read more…

Daughter gets divorced right after parent’s death. Can she claim compassionate appointment? SC explains

“…even if it is assumed that the ‘divorced daughter’ may fall in the same class of ‘unmarried daughter’ and ‘widowed daughter’ in that case also the date on which the deceased employee died, the respondent herein was not the ‘divorced daughter’ as she obtained  the divorce by mutual consent subsequent to the death of the deceased employee.

Read more…

Mere legal principles not sufficient in medical negligence cases: SC absolves doctor and hospital of liability for medical negligence

“Every death of a patient cannot on the face of it be considered as death due to medical negligence unless there is material on record to suggest to that effect.”

Read more…

Irretrievable breakdown of marriage: SC invokes Art. 142 to dissolve marriage which never took off from first day and parties living separately for almost 20 yrs

“… Living together is not a compulsory exercise. But marriage is a tie between two parties. If this tie is not working under any circumstances, we see no purpose in postponing the inevitability of the situation …”

Read more…

Person who stabbed in the stomach of another with intent to kill and convicted under S. 307 IPC tendered apology. Read whether SC reduces sentence of convict or not

Appellant apologized for his fault and had taken responsibility for his action and had maturely sought forgiveness from the victim. Further, the victim also voluntarily accepted the apology while considering the age of the appellant at the time of the incident and had forgiven him.

Read more… 

‘False defence no ground to convict if chain of circumstantial evidence is incomplete’. 10 years after wife’s death, SC sets man free

“… the facts established do not rule out the existence of any other hypothesis. The facts established cannot be said to be consistent only with one hypothesis of the guilt of the appellant.”

Read more…

Judicial craft entered the forbidden domain of legislative draft; SC sets aside Madras HC’s attempt to re-write Rule 29(4) of Copyright Rules

“Craftsmanship on the judicial side cannot transgress into the legislative domain by re-writing the words of a statute.”

Read more…

Supreme Court sets aside Allahabad HC’s decision declaring Regulation 101 framed under Intermediate Education Act unconstitutional

“It is clear that recruitment by way of “Outsourcing” may have its own deficiencies and pit falls, however, a decision to take “Outsourcing” cannot be declared as ultra vires of the constitution on the basis of mere presumption and assumption.”

Read more…

 

 

 

 

 

Join the discussion

Your email address will not be published.

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