{"id":252212,"date":"2021-08-04T09:00:13","date_gmt":"2021-08-04T03:30:13","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=252212"},"modified":"2021-08-09T09:33:10","modified_gmt":"2021-08-09T04:03:10","slug":"supreme-court-monthly-updates","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2021\/08\/04\/supreme-court-monthly-updates\/","title":{"rendered":"Supreme Court Monthly Roundup \u2013 July 2021"},"content":{"rendered":"
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\u201cViolation of separation of powers would result in infringement of Article 14 of the Constitution. A legislation can be declared as unconstitutional if it is in violation of the principle of separation of powers.\u201c <\/span><\/p>\n

Madras Bar Assn. v. Union of India,\u00a02021 SCC OnLine SC 463<\/b><\/a><\/p>\n<\/blockquote>\n

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Unmissable Stories<\/strong><\/span><\/h2>\n
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Kidnapping for Ransom<\/strong><\/span><\/h3>\n

No conviction under Section 364A IPC if kidnapper treats victim in \u201ca good manner\u201d: Supreme Court<\/a><\/strong><\/p>\n

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\u00a0<\/strong>\u201cThe offence of kidnapping having been proved, the appellant deserves to be convicted under Section 363. Section 363 provides for punishment which is imprisonment of either description for a term which may extend to seven years and shall also be liable to fine.\u201d<\/p>\n<\/blockquote>\n

Read more\u2026<\/a><\/p>\n

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Right of Promotion<\/strong><\/span><\/h3>\n

Govt must reserve posts for promotions for persons with disabilities even under 1995 PwD Act; explore other methods to avoid stagnation: Supreme Court<\/a><\/strong><\/p>\n

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\u00a0<\/strong>\u201cThere cannot be methodology used to defeat the reservation in promotion. Once that post is identified, the logical conclusion would be that it would be reserved for PwD who have been promoted. The absence of rules to provide for reservation in promotion would not defeat the rights of PwD to a reservation in promotion as it flows from the legislation.\u201d<\/p>\n<\/blockquote>\n

Read more\u2026<\/a><\/p>\n

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Rash Driving<\/strong><\/span><\/h3>\n

Sending accused to jail 26 years after the incident of rash driving, harsh: Supreme Court<\/a><\/strong><\/p>\n

\u00a0<\/strong>In a case dating back to the year 1995 where a bus driver had caused an accident, thereby injuring a driver of a car, the 3-judge bench of Ashok Bhushan, Vineet Saran and MR Shah, JJ has upheld the conviction of the bus driver under Sections 279 and 338 of IPC but has held that sending the accused to jail after 26 years would be harsh.<\/p>\n

Read more\u2026<\/a><\/p>\n

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Arbitration Proceedings<\/strong><\/span><\/h3>\n

Explained: Maintainability of counter claims in arbitration proceedings under Section 18(3) of the Micro, Small and Medium Enterprises Development Act, 2006<\/a><\/strong><\/p>\n

The bench of Ashok Bhushan and R. Subhash Reddy, JJ has held that the Micro, Small and Medium Enterprises Development Act, 2006, being a special Statute, will have an overriding effect vis-\u00e0-vis Arbitration and Conciliation Act, 1996, which is a general Act.<\/p>\n

Read more\u2026<\/a><\/p>\n

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Dowry Death<\/strong><\/span><\/h3>\n

Does merely residing in the same house make in-laws accomplice in a dowry death case? Supreme Court answers<\/a><\/strong><\/p>\n

In an appeal regarding the dowry death case the Division Bench of Navin Sinha and R. Subhash Reddy, JJ., granted acquittal to an old aged couple.<\/p>\n

Read more\u2026<\/a><\/p>\n

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Public Officers<\/strong><\/span><\/h3>\n

Read SC\u2019s opinion on HC\u2019s developing a practice of calling upon Public Officers at drop of a hat and exerting direct or indirect pressure<\/a><\/strong><\/p>\n

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\u00a0<\/strong>Public officers should not be called to Court unnecessarily. Dignity and majesty of the Court is not enhanced when an officer is called to Court. Respect to the court has to be commanded and not demanded and the same is not enhanced by calling public officers.<\/p>\n<\/blockquote>\n

Read more\u2026<\/a><\/p>\n

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Delhi Riots<\/strong><\/span><\/h3>\n

SC puts fetter on exercise undertaken by Delhi Legislative Assembly\u2019s Committee enquiring into Facebook\u2019s role in aggravating Delhi Riots last year; Says FB representatives will have to appear<\/a><\/p>\n

\u201cFacebook has the power of not simply a hand but a fist, gloved as it may be.\u201d<\/p>\n

The Court was not convinced by the simplistic approach of Facebook, and was of the view that the business model of intermediaries like Facebook being one across countries, they cannot be permitted to take contradictory stands in different jurisdictions.<\/p>\n

Read more\u2026<\/a><\/p>\n

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Murder Conspiracy<\/strong><\/span><\/h3>\n

SC sets aside bail granted to man accused of murder conspiracy; Says mere examination of aggrieved after rejection of earlier bail is no change in circumstances<\/a><\/strong><\/p>\n

The Bench of N.V. Ramana, CJ and A.S. Bopanna and Hrishikesh Roy, JJ., reversed the order of the Rajasthan High Court granting bail to the accused alleged to have conspired in the murder of her sister\u2019s husband.<\/p>\n

Read more\u2026<\/a><\/p>\n

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Employment<\/strong><\/span><\/h3>\n

\u201cObjective of Milk Federations is not to give employment but increase milk production\u201d; SC reverses HC order favouring employees in a revised pay scale dispute<\/a><\/strong><\/p>\n

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\u201cThe objective of the Federation was not to give employment but to increase milk production in the State. The employees are facilitators of the employer to achieve such objective and thus demanding enhanced wages without considering the objective and financial condition of the employer would not be ideal. The employer and the employees have to work together to achieve the objective of the organisation i.e. white revolution\u2026\u201d<\/p>\n<\/blockquote>\n

Read more\u2026<\/a><\/p>\n

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Disposal of Cases<\/strong><\/span><\/h3>\n

\u201cIf this is how proceedings will go on \u2026\u201d: SC accentuates importance of succinctly framed written synopsis;\u00a0 time-bound oral arguments; crisp, clear and precise judgments<\/a><\/strong><\/p>\n

\u00a0<\/strong>In a postscript to its 188-pages long judgment in Ajit Mohan v. Delhi Legislative Assembly<\/em> (wherein it was held that representatives of Facebook will have to appear before the Committee constituted by Delhi Legislative Assembly for looking into Facebook\u2019s role in aggravating Delhi Riots which broke out last year), the 3-Judge Bench of Sanjay Kishan Kaul, Dinesh Maheshwari, and Hrishikesh Roy, JJ. stressed upon the need for timely disposal of cases. The way forward, in dealing with the likely post-COVID surge in number of cases pending adjudication, was also discussed.<\/p>\n

Read more\u2026<\/a><\/p>\n

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Victims Compensation<\/strong>\u00a0<\/strong><\/span><\/h3>\n

Direction to deposit Rs 2 lakh compensation for victims as a condition for grant of bail: SC says not permissible<\/a><\/strong><\/p>\n

\u00a0<\/strong>\u201c\u2026in cases of offences against body, compensation to the victim should be a methodology for redemption. Similarly, to prevent unnecessary harassment, compensation has been provided where meaningless criminal proceedings had been started. Such a compensation can hardly be determined at the stage of grant of bail.\u201d<\/p>\n

Read more\u2026<\/a><\/strong><\/p>\n

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Money Laundering<\/strong><\/span><\/h3>\n

SC grants bail to Alok Kumar Agrawal, former in-charge of Chhattisgarh\u2019s Water Resources Department in money laundering case<\/a><\/strong><\/p>\n

\u00a0<\/strong>In a corruption case involving misappropriation of more than Rs 30.00 crores, the Division Bench comprising of Indira Banerjee and V. Ramasubramanian, JJ., granted bail to Alok Kumar Agrawal, former In-charge Executive Engineer of Chhattisgarh\u2019s Water Resources Division, who was booked under Prevention of Money Laundering Act, 2002.<\/p>\n

Read more\u2026<\/a><\/p>\n

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Section 184 of Finance Act, 2017<\/strong><\/span><\/h3>\n

\u00a0<\/strong>SC invokes independence of judiciary, separation of powers to invalidate amendments in Finance Act, 2017 prescribing 50 yrs minimum age for appointment to Tribunals, allowances payable to members, term of office<\/a><\/strong><\/p>\n

\u00a0<\/strong>\u201cThe first proviso to Section 184 which prescribes a minimum age of 50 years is an attempt to circumvent the direction issued in Madras Bar Assn. case striking down the experience requirement of 25 years at the bar for advocates to be eligible. Introduction of the first proviso to Section 184(1) is a direct affront to the judgment of this Court in Madras Bar Assn. case.\u201d<\/p>\n

Read more..<\/a><\/p>\n

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Back Wages and Retiral Benefits<\/strong><\/span><\/h3>\n

SC | \u2018Rakshak\u2019 in Railway Protection Force, out of employment for a failure to prevent alleged theft. Read whether SC allows back wages and retiral benefits to him<\/a><\/strong><\/p>\n

\u00a0<\/strong>\u201c\u2026respondents to pay 33% of back wages to the appellant with continuity of service and the appellant shall be paid full retiral benefits by treating him to be in continuous employment.\u201d<\/p>\n

Read more\u2026<\/a><\/p>\n

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Franklin Templeton <\/strong><\/span><\/h3>\n

Consent by majority of unit holders necessary when trustees decide to wind up Mutual Fund Scheme; SEBI (Mutual Funds) Regulations not arbitrary; Reg. 53 is \u2018grey area\u2019: SC in sequel to Franklin Templeton matter<\/a><\/strong><\/p>\n

\u00a0<\/strong>In a sequel to its earlier order directing winding up of six mutual fund schemes of Franklin Templeton Mutual Fund, a Division Bench of S. Abdul Nazeer and Sanjiv Khanna, JJ. ruled that the trustees are required to seek consent by majority of the unit holders, when they by majority decide to wind up a\u00a0 mutual fund scheme.<\/p>\n

Read more\u2026<\/a><\/p>\n

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Study Leave<\/strong><\/span><\/h3>\n

Relief for doctor who was denied study leave due to COVID-19: SC directs PGI, Chandigarh to reallot post-graduation seat on basis of INICET-2020<\/a><\/strong><\/p>\n

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\u00a0<\/strong>\u201c[In] rare and exceptional cases, a meritorious candidate, who has suffered injustice by reason of his\/her inability to secure admission in a medical course, whether under-graduate or postgraduate, due to no fault of his\/her own, who has taken recourse to law promptly, without delay, might be granted relief of being accommodated in the same post in the next session.\u201d<\/p>\n<\/blockquote>\n

Read more\u2026<\/a><\/p>\n

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Kanwar Yatra<\/strong><\/span><\/h3>\n

Supreme Court closes suo motu case as U.P. government expresses its decision to postpone Kanwar Yatra to next year<\/a><\/strong><\/p>\n

\u00a0<\/strong>While closing the suo motu case regarding \u201cKanwar Yatra during pandemic\u201d; the Division Bench comprising of Rohinton Fali Nariman and B.R. Gavai, JJ., directed the authorities to be cautious towards public health and safety.<\/p>\n

Read more\u2026<\/a><\/p>\n

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Multi-State Cooperative Societies<\/strong><\/span><\/h3>\n

Part IX-B of Constitution relating to cooperative societies unconstitutional for want of ratification by half of the States; Provisions relating to multi-State cooperative societies severable and valid: SC<\/a><\/strong><\/p>\n

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\u00a0<\/strong>\u201cWhen a citizen of India challenges a constitutional amendment as being procedurally infirm, it is the duty of the court to examine such challenge on merits as the Constitution of India is a national charter of governance affecting persons, citizens and institutions alike.\u201d<\/p>\n<\/blockquote>\n

Read more\u2026<\/a><\/p>\n

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Arbitral Awards<\/strong><\/span><\/h3>\n