{"id":259463,"date":"2022-01-03T18:00:17","date_gmt":"2022-01-03T12:30:17","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=259463"},"modified":"2022-01-03T15:31:42","modified_gmt":"2022-01-03T10:01:42","slug":"supreme-court-monthly-roundup-december-2021","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2022\/01\/03\/supreme-court-monthly-roundup-december-2021\/","title":{"rendered":"Supreme Court Monthly Roundup – December 2021"},"content":{"rendered":"
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\u201cMany people with mental health disorders are willing and able to work. However, socio-structural barriers impede their participation in the workforce. People diagnosed with mental health disorders are less likely to be employed or are relegated to low-paying jobs that are not commensurate with their qualifications and interests. Exclusion from the workforce not only creates conditions of material deprivation, but it also impacts self-confidence, and results in isolation and marginalization which exacerbates mental distress.\u201d<\/p>\n

Ravindra Kumar Dhariwal v. Union of India,\u00a02021 SCC OnLine SC 1293<\/strong><\/a><\/p>\n<\/blockquote>\n

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STORY OF THE MONTH<\/span><\/h3>\n
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Disciplinary proceedings against person with mental disability is a facet of indirect discrimination; SC sets aside action against CRPF personnel<\/a><\/h4>\n

In a case where the CRPF had initiated disciplinary proceeding against a person with a medical history of obsessive compulsive disorder \u00a0and depression and has been undergoing treatment for the same since 2009, the 3-judge bench of\u00a0Dr. DY Chandrachud*<\/strong>, Surya Kant and Vikram Nath, JJ has held that the initiation of disciplinary proceedings against persons with mental disabilities is a facet of indirect discrimination as such persons suffer a disproportionate disadvantage due to the impairment and are more likely to be subjected to disciplinary proceedings.<\/p>\n

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\u201c\u2026 while the stigma and discrimination against persons with mental health disorders are rampant in society, as the highest constitutional court of the country, it falls upon us to ensure that societal discrimination does not translate into legal discrimination.\u201d<\/p>\n<\/blockquote>\n

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

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UNMISSABLE STORIES<\/span><\/h3>\n
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Bank not a trustee of money deposited by Customers<\/a><\/h4>\n

The relationship between customer and Bank is one of a creditor and a debtor and not of a trustee.<\/p>\n

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

Consumer Protection| Can written statement be accepted beyond 45 days? SC settles pre and post New India Assurance Company Verdict conundrum once and for all
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In a case where the NCDRC had condoned a delay for a period beyond the prescribed statutory outer limit just before the decision of the Constitution Bench on 4 March 2020 wherein it was held that the consumer fora has no power and\/or jurisdiction to accept the written statement beyond the statutory period prescribed under the Act, i.e., 45 days in all, the 3-judge bench of Dr. DY Chandrachud*, Surya Kant and Vikram Nath, JJ has held that the Constitution Bench judgment would not affect applications that were pending or decided before 4 March 2020.<\/p>\n

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

Three death row convicts to walk free as SC finds them \u201cnot guilty\u201d of murdering six family members<\/a><\/h4>\n
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\u201cWe are at pains to observe the manner in which the present case has been dealt with by the trial court as well as by the High Court, particularly, when the trial court awarded death penalty to the accused and the High Court confirmed it.\u201d<\/p>\n<\/blockquote>\n

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

\u2018Motor Vehicle Appellate Tribunals\u2019 may soon be a reality? Read SC\u2019s suggestion to Ministry of Law and Justice<\/a><\/h4>\n

With an aim to curtail the pendency before the High Courts and for speedy disposal of the appeals concerning payment of compensation to the victims of road accident, the bench of SA Nazeer* and Krishna Murari, JJ has asked the Department of Justice, Ministry of Law and Justice to consider constituting \u2018Motor Vehicle Appellate Tribunals\u2019 by amending Section 173 of the Motor Vehicles Act so that the appeals challenging the award of a Tribunal could be filed before the Appellate Tribunal so constituted.<\/p>\n

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

Raped in matrimonial home; disbelieved; beaten up! SC believes woman\u2019s sole testimony; finds act of female members of the family \u201cunfortunate\u201d<\/a><\/h4>\n
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\u201cBeing women at least the sister-in-law and mother-in-law ought to have supported the prosecutrix, rather than beating her and not believing the prosecutrix.\u201d<\/p>\n<\/blockquote>\n

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

Divorce| Wife\u2019s act of rejecting posh accommodations of up to Rs. 30 lakhs rent per month \u201cunreasonable\u201d; \u201cSimilar\u201d doesn\u2019t mean \u201ctotally identical\u201d<\/a><\/h4>\n
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\u201c\u2026 the conduct of the respondentwife in firstly not choosing any house as per her choice and secondly, in rejecting all the properties, which have been identified by the Architect, only on the ground that they are not similar and therefore, not in accordance with the order dated 6th March 2020, to say the least is unreasonable.\u201d<\/p>\n<\/blockquote>\n

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

Lifting differently abled persons without consent; removing their prosthetic limbs\/calipers for security checks, inhuman<\/a><\/h4>\n

After multiple objections were raised to the draft guidelines on \u2018Carriage by Air of Persons with Disability and\/or Persons with Reduced Mobility\u2019, the bench of Hemant Gupta and V. Ramasubramanian, JJ has asked the Director General of Civil Aviation (DGCA) to allow 30 days\u2019 time to the petitioners to submit their objections\/suggestions \u201ceven if the time limit for submission of the suggestions has come to an end.\u201d<\/p>\n

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

State can\u2019t use mere possibility of more money in the public coffers to forgo contractual obligations<\/a><\/h4>\n
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\u201cEquity demands that when the State failed to produce an iota of evidence of either financial loss or any other public interest that has been affected, it should be compelled to fulfill its promises.\u201d<\/p>\n<\/blockquote>\n

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

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EXPLAINERS<\/strong><\/p>\n

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