Bringing you the Best Analytical Legal News
Some members of the Andhra Pradesh State Judicial Service had claimed that the service rendered by them as District & Sessions Fast Track judges on Ad-hoc basis was not considered for elevation to the Bench of the Andhra Pradesh High Court.
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The Supreme Court held that merely because either of the parties have disputed a factum of paternity, it does not mean that the Court should direct DNA test or such other test to resolve the controversy. Only in exceptional and deserving cases, where such a test becomes indispensable to resolve the controversy the Court can direct such test.
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The Supreme Court observed that an owner of land may not have an absolute and unqualified right which is the idea which not unnaturally comes to mind when the idea of ownership is under consideration.
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The 5-judge Constitution Bench observed that the decision which will be rendered by the nine-Judge Bench in the Sabarimala Temple Review will have a direct impact on the questions which arise for determination in this case.
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“Quality of lawyers is an important aspect and part of administration of justice and access to justice. Half-baked lawyers serve no purpose. It is this quality control, which has been the endeavour of all the efforts made over a period of time.”
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In the case at hand, the woman had sought Rs. 3 Crores compensation, claiming that as a result of the bad haircut, she could not continue to lead her normal busy life as she no longer looked pretty; she had to face great humiliation and embarrassment; her career in the world of modelling was completely shattered; she went into a state of depression. NCDRC had awarded her Rs. 2 Crore compensation but without any material being produced by the woman to quantify the compensation.
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Explaining the scope of the territorial jurisdiction of Special Court under the Prevention of Money-laundering Act, 2002, the bench of V Ramasubramanian and JB Pardiwala, JJ also held that the trial of the scheduled offence should follow the trial of the offence of money-laundering and not vice versa.
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The woman lost her father during the Covid-19 pandemic and her mother is unwell. She also has a married sister, 10 years older to her. However, all of them showed their inability to raise the child.
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The Court was deciding the case where the ex-employees of Maharashtra State Financial Corporation had challenged decision denying the benefit of revision of pay scales, as recommended by the Fifth Pay Commission, to the employees who had retired or died during the period of 01.01.2006 to 29.03.2010.
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The Supreme Court has held that allowing movie goers to carry their own food and beverages to a movie hall would be akin to permitting a customer who visits a restaurant to carry their own food and eat it within the premises of that restaurant.
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The Supreme Court observed that such settlement is nothing but a compounding of the offence and hence, the Court cannot override such compounding and impose its will.
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This roundup revisits the analyses of Supreme Court’s judgments/orders on constitutionality of Demonetisation; Freedom of Speech of Ministers; Guidelines to withhold life support of a terminally ill patients; Tussle between Delhi Government and Centre, and more. It also covers reports on Justice SA Nazeer’s retirement; the career trajectory & important decision of Justice CT Ravikumar; Explainers on important law points; five ‘Did You Know’ facts; Cases Reported in SCC Weekly in the month of January; and a throwback from SCC Archives.
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The observation of the Supreme Court came in a case where the deposition of the prosecutrix was recorded by the trial court in English language though she had deposed in her vernacular language.
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The Supreme Court observed that the prosecutrix had betrayed her husband and three children by having relationship with the accused during the subsistence of her marriage and had continued to live with the accused even after finding out that he was a married man having children.
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It was observed that judicial discipline required that once the conviction was confirmed by the Supreme Court that too after hearing the accused, the High Court should not have thereafter made any comment on the merits of the case.
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Observing that performance of functions identical to those performed by medical practitioners by persons who do not possess the qualifications prescribed under the Central Act, could have dangerous consequences, the Supreme Court held that Rural Health Practitioners enlisted under the Assam Act, are underqualified to perform functions similar to those performed by medical practitioners registered in accordance with the Indian Medical Council Act, 1956. The Court, however, upheld the constitutionality of the Assam Community Professional (Registration and Competency) Act, 2015 that was enacted to give continuity in service to the practitioners in question.
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The Supreme Court has directed ONGC and State to either comply with the Gujarat High Court's order directing the permanent acquisition of land by ONGC on or before 26.04.2023 or face necessary consequences.
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The Supreme Court Collegium stated that every individual is entitled to maintain their own dignity and individuality, based on sexual orientation. Senior Advocate Kirpal’s openness about his orientation goes to his credit and rejecting his candidature on this ground would be contrary to the constitutional principles laid down by the Supreme Court.
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The prayer seeking free public access to chargesheets and final reports was made relying on ruling in Youth Bar Association of India v. Union of India, (2016) 9 SCC 473, wherein the Supreme Court had directed copies of FIRs to be published within 24 hours of their registration on the police websites or on the websites of the State Governments.
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The Supreme Court's observation came after the Commissioner of Customs (Appeal) had referred to Wikipedia for coming to the conclusion in a case under the Central Excise Tariff Act, 1985.
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