Supreme Court Monthly Roundup – October 2019
Case BriefsSupreme Court (Monthly Roundup)
Published on November 1, 2019
By Prachi Bhardwaj
TOP NEWS
AYODHYA HEARING| 40-days hearing comes to an end; Verdict reserved
The Court had, though, initially set October 18 as the deadline for completion of all arguments in the protracted land title dispute. If speculations are to be believed, the Ayodhya verdict will be out by mid-nov.
“Can’t treat all of them as a liar”: SC while partially setting aside the 2018 SC/ST Act verdict
The 3-jduge bench of Arun Mishra, MR Shah and BR Gavai, JJ has held that some portions of the verdict in Dr Subhash Kashinath Mahajan v. State of Maharashtra, 2018 SCC OnLine SC 243 were against the concept of protective discrimination in favour of downtrodden classes under Article 15(4) of the Constitution and also impermissible within the parameters laid down by this Court for exercise of powers under Article 142 of Constitution of India.
In a big blow to the Telecom Sector, SC refuses to change AGR definition
The definition of revenue has been taken in a broad, comprehensive, and inclusive manner to pose fewer problems of interpretation, and exclusion of certain items was avoided.
Land Acquisition Hearing| Why Justice Arun Mishra said his recusal would be a grave blunder
Recusal is not to be forced by any litigant to choose a Bench. It is for the Judge to decide to recuse. if he recuses, it will be a dereliction of duty, injustice to the system, and to other Judges who are or to adorn the Bench/es in the future.
INX MEDIA CASE|SC grants bail to P. Chidambaram
Being the Member of Parliament and a Senior Member of the Bar has strong roots in society and his passport having been surrendered and “look out notice” issued against him, there is no likelihood of his fleeing away from the country or his abscondence from the trial.
SC sets aside Delhi High Court stay on proceedings against Gautam Khaitan under Black Money Act
Setting aside the Delhi High Court order any staying any action against Gautam Khaitan in a case relating to the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015, the 3-judge bench of Arun Mishra, MR Shah and BR Gavai, JJ said that the interim order passed by the High Court is not sustainable in law.
Poll Affidavit Case| SC quashes clean chit; Maharashtra CM Devendra Fadnavis to face trial
A contesting candidate is mandated to furnish information concerning the cases in which a Competent Court has taken cognizance along with the cases in which charges have been framed.
MORE NEWS
Aarey Forest Politics| Forest Bench to hear the matter on Oct 21; status quo to be maintained
The Special Bench was constituted to hear the plea against the cutting of trees in Mumbai’s Aarey colony for the city’s metro rail project after a group of law students wrote to Chief Justice Ranjan Gogoi seeking Supreme Court’s intervention in the matter and the cutting of trees to be suspended immediately.
Women who missed 2018 Bihar Police PET due to pregnancy should be considered for appointment
It was brought to the Court’s notice that the total number of ladies who claimed extension of PET on the basis of pregnancy or injuries is stated to be 78 in all, out of which 73 are on account of pregnancy.
Online RTI Portal| SC seeks Centre’s response on Pravasi Legal Cell’s plea
The Court has asked the Centre and State Governments to file reply on a plea seeking direction to establish Right to Information(RTI) web portals in all states to enable citizens, especially those living abroad, to file RTI applications online.
Bhima Koregaon case| SC extends Gautam Navlakha’s interim bail
The two-judge bench headed by Justice Arun Mishra allowed him to approach trial court for pre-arrest bail. Navlakha has to apply for pre-arrest bail in the meantime.
State Legislature cannot enact a law providing a direct appeal to the Supreme Court
State cannot enact a legislation providing an appeal directly to the Supreme Court. That would amount to entrenching upon the jurisdiction of the Union, which the State Legislature does not have.
Geomapping is the answer to the increasing menace of illegal construction
Geomapping can be done by satellite, drones or vehicles. Once one has the whole city geomapped it would be easy to control illegal constructions.
SC quashes trial against a man in a sexual assault case of a 6-year-old
The involvement of other persons on the statement of the child of impressionable age does not inspire confidence that the appellant is liable to be proceeded under Section 319 of the Code. In fact, it is suggestive role of the family which influences the mind of the child to indirectly implicate the appellant.
Mere change of address in IT return is not enough; Assessing Officer must be specifically intimated
In absence of any specific intimation to the Assessing Officer with respect to change in address and/or change in the name of the assessee, the Assessing Officer would be justified in sending the notice at the available address mentioned in the PAN database of the assessee, more particularly when the return has been filed under EModule scheme.
SC transfers Assam NRC coordinator Prateek Hajela to MP on deputation
The Court has ordered the transfer of Assam NRC coordinator, Prateek Hajela, to Madhya Pradesh on deputation. The bench headed by Chief Justice of India (CJI) Ranjan Gogoi, however, did not specify the reason, behind transferring Hajela to Madhya Pradesh.
IN OTHER NEWS
President signs a warrant appointing Justice Sharad Arvind Bobde to be the 47th Chief Justice of India
Read more at Education Medical Dialogues: Appearing for NEET PG 2020: View Exam pattern here
https://education.medicaldialogues.in/neet-pg-2020-exam-pattern/
Read more at Education Medical Dialogues: Appearing for NEET PG 2020: View Exam pattern here https://education.medicaldialogues.in/neet-pg-2020-exam-pattern/
Case BriefsSupreme Court (Monthly Roundup)
Published on November 1, 2019
By Prachi Bhardwaj
TOP NEWS
AYODHYA HEARING| 40-days hearing comes to an end; Verdict reserved
The Court had, though, initially set October 18 as the deadline for completion of all arguments in the protracted land title dispute. If speculations are to be believed, the Ayodhya verdict will be out by mid-nov.
“Can’t treat all of them as a liar”: SC while partially setting aside the 2018 SC/ST Act verdict
The 3-jduge bench of Arun Mishra, MR Shah and BR Gavai, JJ has held that some portions of the verdict in Dr Subhash Kashinath Mahajan v. State of Maharashtra, 2018 SCC OnLine SC 243 were against the concept of protective discrimination in favour of downtrodden classes under Article 15(4) of the Constitution and also impermissible within the parameters laid down by this Court for exercise of powers under Article 142 of Constitution of India.
In a big blow to the Telecom Sector, SC refuses to change AGR definition
The definition of revenue has been taken in a broad, comprehensive, and inclusive manner to pose fewer problems of interpretation, and exclusion of certain items was avoided.
Land Acquisition Hearing| Why Justice Arun Mishra said his recusal would be a grave blunder
Recusal is not to be forced by any litigant to choose a Bench. It is for the Judge to decide to recuse. if he recuses, it will be a dereliction of duty, injustice to the system, and to other Judges who are or to adorn the Bench/es in the future.
INX MEDIA CASE|SC grants bail to P. Chidambaram
Being the Member of Parliament and a Senior Member of the Bar has strong roots in society and his passport having been surrendered and “look out notice” issued against him, there is no likelihood of his fleeing away from the country or his abscondence from the trial.
SC sets aside Delhi High Court stay on proceedings against Gautam Khaitan under Black Money Act
Setting aside the Delhi High Court order any staying any action against Gautam Khaitan in a case relating to the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015, the 3-judge bench of Arun Mishra, MR Shah and BR Gavai, JJ said that the interim order passed by the High Court is not sustainable in law.
Poll Affidavit Case| SC quashes clean chit; Maharashtra CM Devendra Fadnavis to face trial
A contesting candidate is mandated to furnish information concerning the cases in which a Competent Court has taken cognizance along with the cases in which charges have been framed.
MORE NEWS
Aarey Forest Politics| Forest Bench to hear the matter on Oct 21; status quo to be maintained
The Special Bench was constituted to hear the plea against the cutting of trees in Mumbai’s Aarey colony for the city’s metro rail project after a group of law students wrote to Chief Justice Ranjan Gogoi seeking Supreme Court’s intervention in the matter and the cutting of trees to be suspended immediately.
Women who missed 2018 Bihar Police PET due to pregnancy should be considered for appointment
It was brought to the Court’s notice that the total number of ladies who claimed extension of PET on the basis of pregnancy or injuries is stated to be 78 in all, out of which 73 are on account of pregnancy.
Online RTI Portal| SC seeks Centre’s response on Pravasi Legal Cell’s plea
The Court has asked the Centre and State Governments to file reply on a plea seeking direction to establish Right to Information(RTI) web portals in all states to enable citizens, especially those living abroad, to file RTI applications online.
Bhima Koregaon case| SC extends Gautam Navlakha’s interim bail
The two-judge bench headed by Justice Arun Mishra allowed him to approach trial court for pre-arrest bail. Navlakha has to apply for pre-arrest bail in the meantime.
State Legislature cannot enact a law providing a direct appeal to the Supreme Court
State cannot enact a legislation providing an appeal directly to the Supreme Court. That would amount to entrenching upon the jurisdiction of the Union, which the State Legislature does not have.
Geomapping is the answer to the increasing menace of illegal construction
Geomapping can be done by satellite, drones or vehicles. Once one has the whole city geomapped it would be easy to control illegal constructions.
SC quashes trial against a man in a sexual assault case of a 6-year-old
The involvement of other persons on the statement of the child of impressionable age does not inspire confidence that the appellant is liable to be proceeded under Section 319 of the Code. In fact, it is suggestive role of the family which influences the mind of the child to indirectly implicate the appellant.
Mere change of address in IT return is not enough; Assessing Officer must be specifically intimated
In absence of any specific intimation to the Assessing Officer with respect to change in address and/or change in the name of the assessee, the Assessing Officer would be justified in sending the notice at the available address mentioned in the PAN database of the assessee, more particularly when the return has been filed under EModule scheme.
SC transfers Assam NRC coordinator Prateek Hajela to MP on deputation
The Court has ordered the transfer of Assam NRC coordinator, Prateek Hajela, to Madhya Pradesh on deputation. The bench headed by Chief Justice of India (CJI) Ranjan Gogoi, however, did not specify the reason, behind transferring Hajela to Madhya Pradesh.
IN OTHER NEWS
President signs a warrant appointing Justice Sharad Arvind Bobde to be the 47th Chief Justice of India
Read more at Education Medical Dialogues: Appearing for NEET PG 2020: View Exam pattern here
https://education.medicaldialogues.in/neet-pg-2020-exam-pattern/
Read more at Education Medical Dialogues: Appearing for NEET PG 2020: View Exam pattern here https://education.medicaldialogues.in/neet-pg-2020-exam-pattern/
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