Legal RoundUpSupreme Court Roundups

Unmissable Stories


Sedition Law under scanner| All pending cases to be kept in abeyance; Centre/States urged not to register fresh cases till Section 124A is reviewed

“…we expect that, till the re-examination of the provision is complete, it will be appropriate not to continue the usage of the aforesaid provision of law by the Governments.”

Read more…

_________________________________________________________________________________________

COVID-19| No individual can be forced to be vaccinated; holds Supreme Court. Restrictions on unvaccinated persons to be revised for now

“This judgment is not to be construed as impeding, in any manner, the lawful exercise of power by the executive to take suitable measures for prevention of infection and transmission of the virus in public interest, which may also take the form of restrictions on unvaccinated people in the future, if the situation so warrants.”

Read more…

_________________________________________________________________________________________

Rajiv Gandhi assassination: Supreme Court sets AG Perarivalan free after 32 years of incarceration

Perarivalan’s petition under Article 161 remained pending for two and a half years following the recommendation of the State Cabinet for remission of his sentence and continued to remain pending for over a year since the reference by the Governor.

Read more…

_________________________________________________________________________________________

Navjot Singh Sidhu to undergo one-year rigorous imprisonment in 1988 road rage case

“A disproportionately light punishment humiliates and frustrates a victim of crime when the offender goes unpunished or is let off with a relatively minor punishment as the system pays no attention to the injured’s feelings.”

Read more…

_________________________________________________________________________________________

Aadhaar Card for Sex Workers| Supreme Court bats for sex workers’ right to dignity; directs UIDAI to issue Aadhaar Card without insisting on address proof

“…basic protection of human decency and dignity extends to sex workers and their children, who, bearing the brunt of social stigma attached to their work, are removed to the fringes of the society, deprived of their right to live with dignity and opportunities to provide the same to their children.”

Read more…

_________________________________________________________________________________________

‘Shivling’ in Gyanvapi Mosque a complex

‘Protect ‘Shivling’ but don’t stop Namaz’

Also read: SC transfers the matter to a senior and experienced District Judge

_________________________________________________________________________________________

Hindu widow’s pre-existing right to maintenance automatically ripens into full ownership when she is in settled legal possession of the property

“There remains no shadow of doubt that a Hindu woman’s right to maintenance was not and is not an empty formality or an illusory claim being conceded as a matter of grace and generosity. It is a tangible right against the property, which flows from the spiritual relationship between the husband and the wife.”

Read more…

_________________________________________________________________________________________

Right to residence under DV Act not restricted to actual residence; Domestic relationship not necessary to be subsisting at the time of filing of application

The expression ‘right to reside in the shared household’ would include not only actual residence but also constructive residence in the shared household.

Read more…

_________________________________________________________________________________________

No universal rule to fill vacancies on the basis of the law which existed on the date when they arose; Supreme Court overrules 1983’s YV Rangaiah ruling

Noticing that a number of decisions have followed the decision in Rangaiah but far more decisions have distinguished it, the Supreme Court decided to examine the issue afresh and came to the conclusion that the broad proposition formulated in Rangaiah did not reflect the correct constitutional position.

Read more…

_________________________________________________________________________________________

IGST on Ocean Freight for imports unconstitutional

“If Indian shipping lines continue to be taxed and not their competitors, namely, the foreign shipping lines, the margins arising out of taxation from GST would not create a level playing field and drive the Indian shipping lines out of business.”

Read more…

_________________________________________________________________________________________

Sheena Bora murder| Indrani Mukerjea gets bail after being in custody for 6.5 years

Indrani is charged of kidnapping her daughter with intention to murder and committing murder after entering into a criminal conspiracy.

Read more…

_________________________________________________________________________________________

Supreme Court grants interim bail to SP Leader Azam Khan; Directs him to seek regular bail within two weeks

Taking into consideration the delay in implication of Azam Khan and the nature of the allegations made therein, the Court was of the view that it will not be in the interest of justice to deprive him of his personal liberty, particularly when in respect of 87 criminal cases/FIRs, he has already been released on bail.

Read more…

_________________________________________________________________________________________

Case load on NGT low, No need to set up Benches in every State; High Court’s jurisdiction unaffected: Supreme Court upholds constitutionality of NGT Act

The seat of the NGT benches can be located as per exigencies and it is not necessary to locate them in every State.

Read more…

_________________________________________________________________________________________

Over 90, 000 Reassessment Notices issued after April 1, 2021 saved as Supreme Court directs them to be treated as notices under Section 148A of Income Tax Act

The bench of MR Shah* and BV Nagarathna, JJ has modified the order passed by the Allahabad High Court wherein it had quashed several reassessment notices issued by the Revenue, issued under section 148 of the Income Tax Act, 1961, on the ground that the same are bad in law in view of the amendment by the Finance Act, 2021 which has amended Income Tax Act by introducing  new provisions i.e. sections 147to151 w.e.f. 1st April, 2021.

Read more…


Most Read Story of the Month


Cheque issued as a security and not in discharge of legally recoverable debt; Is the contention sufficient to quash proceedings under N.I. Act at pre-trial stage? SC examines

“The quashing proceedings must not become an expedition into the merits of factual dispute, so as to conclusively vindicate either the complainant or the defence.”

Read more…


Explainers



More Stories


Insurance companies refusing claims on flimsy/technical grounds must stop! Don’t ask for documents that insured can’t produce

In a case where an Insurance Company had refused to settle an insurance claim on non-submission of the duplicate certified copy of certificate of registration of the stolen vehicle, the bench of MR Shah* and BV Nagarathna, JJ has held that while settling the claims, the insurance company should not be too technical and ask for the documents, which the insured is not in a position to produce due to circumstances beyond his control.

Read more…

_________________________________________________________________________________________

Change of venue does not result in change of the seat of arbitration

The Court held that holding otherwise would create a recipe for litigation and (what is worse) confusion which was not intended by the Act.

Read more…

_________________________________________________________________________________________

Land Acquisition| Compensation under 2013 Act cannot be claimed if award under 1894 Act couldn’t be passed due to pendency of proceedings or interim stay

“The intention of the Parliament while enacting Section 24(1) of the Act, 2013 cannot be to give benefit to a litigant, who has obtained a stay order and because of that the award could not be declared and thereafter the litigant may be awarded the compensation as per Act, 2013.”

Read more…

_________________________________________________________________________________________

Showing undue favour to a party under the guise of passing judicial orders is the worst kind of judicial dishonesty

“A judge must decide the case on the basis of the facts on record and the law applicable to the case. If he decides a case for extraneous reasons, then he is not performing his duties in accordance with law. As often quoted, a judge, like Caesar’s wife, must be above suspicion.”

Read more…

_________________________________________________________________________________________

Minority Status of Hindus in some States: SC directs Centre to have detailed deliberation with States and other stakeholders

The Court has directed the Central Government to undertake the necessary exercise and file a status report at least 3 days before the next date of hearing i.e. August 30, 2022.

Read more…

_________________________________________________________________________________________

Pawnee recording self as “beneficial owner” is a necessary condition to exercise right to sell pledged good; it does not amount to “actual sale”

“Every transfer or sale is not ‘actual sale’ for the purpose of Section 177 of the Contract Act. To equate ‘sale’ with ‘actual sale’ would negate the legislative intent.”

Read more…

_________________________________________________________________________________________

COVID-19 affecting education| No registration of Doctors without practical training. Foreign Institute MBBS students must first undergo training in India

“No doubt, the pandemic has thrown new challenges to the entire world including the students but granting provisional registration to complete internship to a student who has not undergone clinical training would be compromising with the health of the citizens of any country and the health infrastructure at large.”

Read more…

_________________________________________________________________________________________

Non-execution of Arbitration Award even after 30 years-long delay: SC slams Allahabad High Court; U.P. Government to consider constituting four Additional Commercial Courts

“If, the commercial disputes are not decided/ disposed of at the earliest, it may ultimately affect the economy of the country and may spoil the business relations between the parties.”

Read more…

_________________________________________________________________________________________

AIIMS to follow roster point-based reservation for preferential candidates

In a relief to students seeking admission in AIIMS Institutes, the bench of L. Nageswara Rao and AS Bopanna, JJ has directed that a roster point-based reservation for preferential candidates as followed by Jawaharlal Institute of Postgraduate Medical Education and Research (JIPMER) shall be implemented in all the AIIMS institutes.

Read more…

_________________________________________________________________________________________

SC to decide if a non-member director barred from approaching NCLT alleging oppression/mismanagement under Section 430 of Companies Act

The question of law before the Court was whether a non-member/non-shareholder director is barred from raising a dispute regarding oppression/mismanagement and the illegal appointments of directors before the Civil Court u/s 430 of the Companies Act, 2013?

Read more…

_________________________________________________________________________________________

Whether there should be any “Cooling off Period” for civil servants to contest elections post resignation/retirement? Best left to the Legislature concerned, says Supreme Court

“The allegations of bureaucrats deviating from strict norms of political neutrality with a view to obtaining party tickets to contest elections, is vague, devoid of particulars and unsupported by any materials which could justify intervention of this Court.”

Read more…

_________________________________________________________________________________________

The Election cannot brook any delay! SC directs Maharashtra Election Commission to conduct local elections on the basis of pre-amendment delimitation

The Bench comprising of A.M. Khanwilkar, Abhay S. Oka and C.T. Ravikumar, JJ., directed Maharashtra State Election Commission to expeditiously conduct elections of local bodies (around 2486), which were pending for over 2 years (in some cases) due to disputed constitutional validity of State Amendments seeking to introduce delimitation in the State.

Read more…

_________________________________________________________________________________________

SC finds Kerala Govt’s failure to compensate 3700 Endosulfan victims for 5 years appalling; says “without health, the faculties of living have little meaning”

“The failure to redress the infringement of their fundamental rights becomes more egregious with each passing day.”

Read more…

_________________________________________________________________________________________

It isn’t the purpose of grace marks to allow reserved category candidate to switch over to general category

The Division Bench of M.R. Shah* and B.V. Nagarathna, JJ., reversed the impugned order of the Rajasthan High Court whereby the High Court had directed  Income Tax Department to grant grace marks to the applicant and treat him as a person belonging to general category.

Read more…

_________________________________________________________________________________________

Person languishes in jail for 2 years despite being granted bail by Supreme Court; Supreme Court criticizes Trial Judge for misinterpreting bail order

“… where the custody of a person for 9 years was found to be sufficient to entitle him to be released on bail, is now turned into custody for 11 years. This is nothing but  reincarnation of Hussainara Khatoon[1] & Motil Ram[2].”

Read more…

_________________________________________________________________________________________

Male Head Constable enters Mahila Barrack at 00:15 hours; is punishment of removal from service too harsh? SC tells what makes the punishment disproportionate

“…merely because one of the employees was inflicted with a lesser punishment cannot be a ground to hold the punishment imposed on another employee as disproportionate, if in case of another employee higher punishment is warranted and inflicted by the disciplinary authority after due application of mind.”

Read more…

_________________________________________________________________________________________

Maternal uncle rapes his 14-year-old niece; will subsequent act of him marrying prosecutrix extinguish all criminal liabilities?

“This Court cannot shut its eyes to the ground reality and disturb the happy family life of the appellant and the prosecutrix”.

Read more…

_________________________________________________________________________________________

Mere suppression of criminal antecedent regardless of whether there is a conviction or acquittal should not axiomatically lead to termination of service just by a stroke of pen

The Division Bench of Ajay Rastogi* and Sanjiv Khanna, JJ., reversed the impugned order of Delhi High Court whereby the High Court had upheld the dismissal order of appellant owing to suppression of information/false declaration in the verification form regarding criminal antecedent.

Read more…

_________________________________________________________________________________________

Double Insurance–Overlapping policies: Grant of actual loss from one insurer will forfeit right to claim from other insurer; SC rejects Levi’s’ insurance claim

“What is in issue in this present case has been characterized as “double insurance”, i.e., where an entity seeks to cover risks for the same or similar incidents through two different – overlapping policies.”

Read more…

_________________________________________________________________________________________

Kerala Revocation of Arbitration Clauses and Reopening of Awards Act, 1998 encroaches upon the judicial power of the State; held unconstitutional

The bench of L. Nageswara Rao* and BR Gavai, JJ has held that the Kerala Revocation of Arbitration Clauses and Reopening of Awards Act, 1998 encroaches upon the judicial power of the State and hence, is liable to be declared unconstitutional.

Read more…

_________________________________________________________________________________________

Dilapidated structure on Bhilwara’s Tiranga Hill cannot be conferred a status of a Mosque in absence of any proof; Jindal Saw to go ahead with mining

In the absence of any proof of dedication or user, a dilapidated wall or a platform cannot be conferred a status of a religious place for the purpose of offering prayers/Namaaz.

Read more…

_________________________________________________________________________________________

“An opinion accompanied by inadequate reasoning would not satisfy the requirements of Section 432 (2), CrPC”, SC directs presiding officer to reconsider remission application

“Section 432 (2) of the CrPC would stand defeated if the opinion of the presiding judge becomes just another factor that may be taken into consideration by the government while deciding the application for remission.”

Read more…

_________________________________________________________________________________________

Great Indian Bustard and Lesser Florican Conservation: Supreme Court directs installation of bird divertors in  priority areas within three months

The petitioners were environmentalists who had approached the Court to seek directions for protecting the rare birds which are dwindling in number; particularly direction to prohibit use of overhead power lines which have become a hazard as the said species of birds are getting killed on collision with the power lines.

Read more…


Cases Reported in SCC


2022 SCC Vol. 3 Part 4

In Part 4 of 2022 SCC Volume 3, read some very pertinent Supreme Court decisions, involving aspects regarding reservation, accountability of social media platforms, service law and more.

2022 SCC Vol. 3 Part 5

Read four articles and nine significant decisions of Supreme Court in Part 5 of 2022 SCC Volume 3.

2022 SCC Vol. 4 Part 1

In 2022 SCC Volume 4 Part 1, read a very interesting case, wherein the grievance of the builder was that out of total of 1134 apartments constructed and sold by them, the owners of merely 51 apartments have joined together and invoked the jurisdiction of the National Consumer Commission and that such a miniscule percentage of consumers cannot seek to file the complaint in a representative capacity. To know what happened in this case, read the Supreme Court decision in Brigade Enterprises Ltd. v. Anil Kumar Virmani(2022) 4 SCC 138

Case BriefsSupreme Court

Supreme Court: Allowing the review petition in the 34-year-old road-rage case involving cricketer-turned-politician Navjot Singh Sidhu that resulted into the death of one 65-yer-old Gurnam Singh, the bench of AM Khanwilkar and Sanjay Kishan Kaul, JJ has imposed a sentence of one-year rigorous imprisonment on Sidhu in addition to the fine of Rs.1,000/- imposed in the order dated 15.05.2018.

In 1988, Sidhu got into a fight with the deceased over his right to way at a traffic light in Patiala. Sidhu had pulled the deceased out of his vehicle and inflicted fist blows. The incident eventually culminated in the death of Gurnam Singh. The Court, however, held that Sidhu had voluntarily caused hurt to Gurnam Singh punishable under Section 323 IPC.

While dealing with the review petition, the Court noticed that some material aspects which were required to be taken note of appear to have been somehow missed out at the stage of sentencing, such as the physical fitness of Sidhu as he was an international cricketer, who was tall and well built and aware of the force of a blow that even his hand would carry. The blow was not inflicted on a person identically physically placed but a 65-year-old person, more than double his age.

The Court observed that Sidhu cannot say that he did not know the effect of the blow or plead ignorance on this aspect.

“It is not as if someone has to remind him of the extent of the injury which could be caused by a blow inflicted by him. In the given circumstances, tempers may have been lost but then the consequences of the loss of temper must be borne.”

The Court went on to state that to some extent it had been indulgent in ultimately holding Sidhu guilty of an offence of simple hurt under Section 323 of the IPC.

Observing that the hand can also be a weapon by itself where say a boxer, a wrestler or a cricketer or an extremely physically fit person inflicts the same, the Court said that,

“When a 25-year-old man, who was an international cricketer, assaults a man more than twice his age and inflicts, even with his bare hands, a severe blow on victim’s head, the unintended consequence of harm would still be properly attributable to him as it was reasonably foreseeable. That it would cause the death of a person is another matter since the conviction is only under Section 323 of the IPC. Even though any harm might not be directly intended, some aggravated culpability must be attached if the person suffers a grievous hurt or dies as a result thereof.”

On the aspect of sentencing, the Court said that a disproportionately light punishment humiliates and frustrates a victim of crime when the offender goes unpunished or is let off with a relatively minor punishment as the system pays no attention to the injured’s feelings.

Noticing that indifference to the rights of the victim of crime is fast eroding the faith of the society in general and the victim of crime in particular in the criminal justice system, the Court observed,

“The society cannot long endure under serious threats and if the courts do not protect the injured, the injured would then resort to private vengeance and, therefore, it is the duty of every court to award proper sentence having regard to the nature of the offence and the manner in which it was executed or committed.”

[Jaswinder Singh v. Navjot Singh Sidhu, 2022 SCC OnLine SC 652, decided on 19.05.2022]

Counsels

For Complainant: Senior Advocate Siddharth Luthra

For Sidhu: Senior Advocate Dr. Abhishek Manu Singhvi

Case BriefsSupreme Court

Supreme Court: The bench of J. Chelameswar and SK Kaul, JJ held that Cricketer-turned-Politician Navjot Singh Sidhu cannot be held guilty for the death of one Gurnam Singh in the 30-year-old case wherein Sidhu got into a fight with the deceased over his right to way at a traffic light in Patiala. Sidhu had pulled the deceased out of his vehicle and inflicted fist blows. The incident eventually culminated in the death of Gurnam Singh. The Court, however, held that Sidhu had voluntarily caused hurt to Gurnam Singh punishable under Section 323 IPC.

On the plea of the complainant that in view of the celebrity status of Sidhu, the   State   went   out   of   its   way   to   shield   his   crime, the Court said:

“No   doubt   that   there   are   lapses   in   the   investigation.   We cannot hazard a guess whether such lapses occurred because of the general inefficiency of the system or as a consequence of a concerted effort made to protect the accused.   The law of this country is not that people are convicted of offences on the basis of doubts.”

The Court said that even if it is assumed that Sidhu admitted to his participation in the   occurrence, in the light of the medical evidence on record, he cannot be held guilty of causing the death of Gurnam Singh.

Regarding the appropriate punishment, the Court said though Section 323 IPC stipulates a punishment   of   imprisonment   of   either   description   for   a   term which may extend to one year or with fine which may extend to Rs.1000/­ or with both, in the circumstances of the case having regard to the facts that

  • the incident is 30 years old;
  • (ii) there is no past enmity between the accused and the deceased;
  • (iii) no weapon was used by the accused; and
  • (iv) the background in which   it   happened,

a   punishment   of imposition of fine of Rs.1000/­ would meet the ends of justice in this case. [Rupinder Singh Sandhu v. State of Punjab,  2018 SCC OnLine SC 526,  decided on 15.05.2018]