Supreme Court Monthly Roundup – July 2019

TOP STORIES


SC cancels Amrapali Group’s RERA registration for defrauding homebuyers

Because of their failure to fulfil the obligations towards the buyers and the serious kind of fraud which has been played by them upon the home buyers, the registration of Amrapali group of companies under the Real Estate Regulation and Development Act, 2016 deserves to be cancelled.

Ayodhya Dispute: SC extends mediation date till July 31; Daily hearing before 5-judge bench from Aug 2

The 5-judge bench of Ranjan Gogoi, CJ and SA Bobde, Dr. DY Chandrachud, Ashok Bhushan and SA Nazeer, JJ has asked the Justice F.M. Ibrahim Kalifulla led Mediation Committee to submit the outcome of the mediation proceedings as on 31.7.2019 by 1.8.2019.

Karnataka Crisis| Speaker free to decide but 15 rebel MLAs can’t be forced to attend the Trust Vote

The 15 Members of the Assembly ought not to be compelled to participate in the proceedings of the ongoing session of the House and an option should be given to them that they can take part in the said proceedings or to opt to remain out of the same.

SC directs Meghalaya Govt to transfer Rs 100 Crore from MEPR Fund to CPCB for illegal coal mining

The bench of Ashok Bhushan and KM Joseph, JJ has directed the State of Meghalaya to transfer the amount of Rs.100 Crores to Central Pollution Control Board from the Meghalaya Environment Protection and Restoration Fund (MEPRF) which amount shall be used by Central Pollution Control Board only for restoration of Environment.

MORE STORIES


‘Conditional’ leave to defend may be granted in case of doubt regarding the genuineness of defence in summary suits

If the court is satisfied of a plausible or probable defence and which defence is not considered a sham or moonshine, but yet leaving certain doubts in the mind of the court, it may grant conditional leave to defend.

Creation of new state not a ground to treat sales between 2 successor states as intra-state sales

The creation of a new State is an unforeseen event and could give rise to unusual situations, but this cannot be a ground and reason to treat inter-state sales between the two successor states as intra-state sales.

A person enrolled in Air Force can’t depart from service at his or her will during the term of engagement

A person who has been enrolled as a member of the Air Force does not have an unqualified right to depart from service at his or her will during the term of engagement.

Liberty of a detenu under COFEPOSA has to be subordinate to the good of the people

The court must be conscious that the satisfaction of the detaining authority is “subjective” in nature and the court cannot substitute its opinion for the subjective satisfaction of the detaining authority and interfere with the order of detention.

Section 5B of the KST Act and Rule 6(4)(m)(i) of the KST Rules operate in different spheres

Section 5B of the KST Act and Rule 6(4)(m)(i) of the KST Rules operate in different spheres. Section 5B is a charging provision for levy of sales tax whereas Rule 6(4)(m)(i) is a provision for deduction from tax.

Social security measures for women lawyers: SC seeks BCI’s response

The 3-judge bench of Ranjan Gogoi, CJ and Deepak Gupta and Aniruddha Bose, JJ has sought response from the Bar Council of India on a plea seeking measures for women lawyers such as safety in courts, maternity benefits and the old age pension.

Fund and set up special POCSO courts: SC tells Centre

 The Court has directed the Centre to fund and set up exclusive courts in every district where 100 or more cases under the Protection of Children from Sexual Offences (POCSO) Act are pending.

Court should refrain from giving finding on merit while relegating matter to the statutory remedy

In an appeal against the order where the Madras High Court had after giving detailed findings on merits, relegated to the statutory remedy of filing the appeal before Appellate Authority (Alternative Remedy) under section 45 IA (7) of Reserve Bank of India Act 1934, the bench of Arun Mishra and MR Shah, JJ ordered that the proceedings before the Appellate Authority will not be affected by the findings recorded by the High Court.

Mere existence of alternative remedy does not create a bar on High Court’s writ jurisdiction

The existence of an alternate remedy, whether adequate or not, does not alter the fundamentally discretionary nature of the High Court’s writ jurisdiction and therefore does not create an absolute legal bar on the exercise of the writ jurisdiction by a High Court.

Bihar Custodial deaths of 2 men: SC refuses to entertain plea seeking SIT probe

The petition was moved before the Supreme Court by NGO “Citizens Against Hate” through advocate Fauzia Shakil demanding an SIT probe monitored by a former Director General of Police of another State and a magisterial inquiry into the death of two Muslim men – Taslim Ansari and Ghufran Ansari. Both of them were taken into custody on March 5 for allegedly killing a man while stealing his motorbike.

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