“When the daughter belonging to the non-tribal is entitled to the equal share in the property of the father, there is no reason to deny such right to the daughter of the Tribal community. Female tribal is entitled to parity with male tribal in intestate succession. To deny the equal right to the daughter belonging to the tribal even after a period of 70 years of the Constitution of India under which right to equality is guaranteed, it is high time for the Central Government to look into the matter and if required, to amend the provisions of the Hindu Succession Act by which the Hindu Succession Act is not made applicable to the members of the Scheduled Tribe.”
-Justice MR Shah
Kamla Neti v. Special Land Acquisition Officer, 2022 SCC OnLine SC 1694
Constitution Bench Verdicts
The Constitution Bench of SA Nazeer, BR Gavai, AS Bopanna, V Ramasubramanian and BV Nagarathna, JJ has observed that the trial does not abate nor does it result in an order of acquittal of the accused public servant if the complainant turns ‘hostile’, or has died or is unavailable to let in his evidence. [2022 SCC OnLine SC 1724]
Unmissable Stories
The petition had sought review of order directing the Gujarat Government to consider the application for pre-mature release of one of the Bilkis Bano Gangrape convicts, under its policy dated 09.07.1992, which was existing at the time of his conviction.
Also read: Justice Bela M Trivedi recuses from hearing Bilkis Bano’s plea
The observation came in a case where the Supreme Court had to deny, a woman belonging to Scheduled Tribe, the right of survivorship in her father’s property as Section 2(2) of the Hindu Succession Act specifically excludes the female members of the Scheduled Tribe. [2022 SCC OnLine SC 1694]
In the case at hand, a Right to Information application sought the copies of resolution and decision taken in the Supreme Court Collegium’s meeting dated 12.12.2018 regarding elevation of Chief Justices of Two High Courts. However, the application was rejected as no final decision was taken in the said meeting. [2022 SCC OnLine SC 1698]
The petitioners have told the Court that though they are not directly affected by Rajasthan High Court’s order, they had approached the Court as the State, which is the Guardian of the interests of the persons living in the State, has chosen not to appeal and if the accused teacher will go unpunished in this case, not only him but other teachers may also commit similar offences with girls in future.
On 10.05.2019, a division Bench had observed that the question with regard to the actual stage at which the trial is said to have concluded is required to be authoritatively considered since the power under Section 319 of CrPC is extraordinary in nature. [2022 SCC OnLine SC 1679]
Supreme Court observed that the Patna High Court ought to have called upon the Bihar State Pharmacy Council to file the status report on the allegations of fake pharmacist and/or on how many Governments’ hospitals/hospitals in the State are running without registered pharmacist. [2022 SCC OnLine SC 1636]
Reference
The Supreme Court said that the seniority list was correctly published by interspacing those direct recruits who were eligible in the recruitment year 2009-10 and were appointed against the vacancies of the said year with 53 promotees who were promoted. However, it recommended a reference to a 5-judge bench for reconsideration. [2022 SCC OnLine SC 1717]
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The Supreme Court also held that the dictum as laid by this Court in State of Maharashtra v. Shiva alias Shivaji Ramaji Sonawane, (2015) 14 SCC 272 is the correct exposition of law and does not require any relook. [2022 SCC OnLine SC 1727]
Rules or regulation cannot be made to supplant the provisions of the enabling Act, but to supplement it. What is permitted is the delegation of ancillary or subordinating legislative functions, or what is fictionally called, a power to fill up details. [ 2022 SCC OnLine SC 1737]
“When a senior citizen parts with his or her property by executing a gift or a release or otherwise in favour of his or her near and dear ones, a condition of looking after the senior citizen is not necessarily attached to it.” [2022 SCC OnLine SC 1684]
Supreme Court held that the CBEC circular was not contrary to the intent of the Central Excise Act and Rules. Thus, the show cause notice is not defective and unenforceable. However, the order of the Commissioner regarding the value of the goods sold to the Assessee’s sister concerns is in consonance with the Court’s earlier judgments and CBEC Circular. [2022 SCC OnLine SC 1677]
Supreme Court reiterated that, in absence of any notification under S.10 of CLRA Act, 1970 and any allegations that the contract was sham and camouflage, the Courts cannot direct the principal employer to absorb contractual workers as employees. [2022 SCC OnLine SC 1676]
Supreme Court observed that the persons from marginalised sections of the society already face severe discrimination due to a lack of social capital, and a new disability more often than not compounds to such discrimination. [2022 SCC OnLine SC 1701]
Supreme Court observed that if it is accepted that the period of limitation prescribed under Section 11B of the Act shall not be applicable with respect to claim for rebate of duty as there is no mention of Section 11B of the Act either in Rule 18 or in the notification dated 6.9.2004, then there will not be any period of limitation for making an application for rebate of duty. [2022 SCC OnLine SC 1635]
There was an apparent error of law in the order passed by the Gujarat High Court as the writ court is primarily concerned with examination of the decision-making process when a disciplinary action is challenged. Accordingly, the Supreme Court upheld the order of removal from service passed by the disciplinary authority. [2022 SCC OnLine SC 1734]
“The approach of the High Court is like a visually impaired person looking for a black cat in a dark room when the cat itself is not there.”, observed the Supreme Court.
Supreme Court accepts SEBI’s apology and drops contempt proceedings against it
In a matter relating to criminal proceedings against Reliance Industries, SEBI had failed to comply with the Supreme Court’s order directing it to furnish a copy of documents, leading to initiation of contempt proceedings against SEBI. [2022 SCC OnLine SC 1715]
Supreme Court grants bail to accused of transporting illegal ‘raw unmanufactured Tobacco’
The petitioner had undergone incarceration for more than 4 months and completion of trial would take some time, thus, the Court enlarged him on bail. [2022 SCC OnLine SC 1678]
22-year-old POCSO accused alleges false FIR filed due to property dispute; Supreme Court grants bail
The undertrial prisoner, accused of kidnapping and raping a 16-year-old, has been behind the bars for almost two and a half years.
POCSO| Supreme Court grants pre-arrest bail to a public servant accused of rape
The accused had argued that the complainant and her family, out of ill will, had orchestrated the complaint and were extorting the petitioner for their own means and benefits. Rajasthan High Court, however, did not appreciate the fact that the previous complaints filed by the prosecutrix was closed on account of being frivolous and a closure report was also filed in the matter. [2022 SCC OnLine SC 1689]
Supreme Court grants anticipatory bail to a woman accused of Bigamy
The woman has alleged that she has been falsely implicated in a case of bigamy and cheating, on the basis of a clerical mistake committed by the Bank agent who mistakenly entered the name of her business partner as her husband and Nominee.
The Supreme Court, while allowing the special leave petition filed by the petitioner, set aside the order passed by the Rajasthan High Court which had dismissed the anticipatory bail application without considering the facts and circumstances of the case. [2022 SCC OnLine SC 1687]