Supreme Court Monthly Roundup – November 2019


TOP STORIES


Ayodhya Verdict| Here’s why the 5-judge bench unanimously held that the disputed site belongs to Hindus

The 5-judge bench finally put an end to the Ayodhya Title dispute and held that the disputed land is to be given to Trust for construction of Ram Mandir. In an effort to balance the interest of both the parties involved, the Court directed  that a suitable plot of 5 acres must be granted to Sunni Waqf Board to set up a Mosque.


Sabarimala Review Petitions NOT referred to a larger bench, but kept pending. Here’s what Supreme Court has actually held

It may not be inappropriate if matters involving seminal issues including the interpretation of the provisions of the Constitution touching upon the right to profess, practise and propagate its own religion, are heard by larger bench of commensurate number of Judges.


Here’s why Supreme Court held that the Office of CJI comes under the purview of RTI

It cannot be doubted and debated that the independence of the judiciary is a matter of ennobled public concern and directly relates to public welfare and would be one of the factors to be taken into account in weighing and applying the public interest test. Thus, when the public interest demands the disclosure of information, judicial independence has to be kept in mind while deciding the question of exercise of discretion.


RESTRUCTURING OF TRIBUNALS

Rules made under S. 184 of Finance Act struck down; Centre to make new Rules for appointment to Tribunals

Thought the Aadhaar issue was over with K.S. Puttaswamy judgment? Not yet. Here’s why


Maharashtra Political Crisis| Floor test to be conducted on tomorrow; Proceedings to be live telecast

It was necessary and expedient to conduct the floor test as soon as possible to determine whether the Chief Minister, who was administered the oath of office, has the support of the majority or not.


Karnataka MLAs Disqualification case: Read why SC ‘partly’ upheld Speaker’s order

The Court upheld the speaker’s orders dated 25.07.2019 and 28.07.2019 to the extent of the disqualification of the Petitioners but has set aside the part of order that said that disqualified members can’t contest elections till the end of the current Assembly term i.e. the 15th Legislative Assembly of Karnataka. It, hence, directed that 17 Karnataka MLAs can contest the by-elections in the state.


Article 370| SC reserves order on pleas challenging restrictions imposed in J&K after abrogation of Article 370

The 3-judge bench of N V Ramana, R Subhash Reddy, and B R Gavai, JJ has reserved the judgment on a batch of pleas including that of Congress leader Ghulam Nabi Azad challenging the restriction imposed in the erstwhile state of Jammu and Kashmir following abrogation of provisions of Article 370.


Haren Pandya Murder Case|SC dismisses review petitions of 9 convicts

The order, of which review has been sought, does not suffer from any error apparent warranting its reconsideration. The review petitions are, accordingly, dismissed.


RAFALE DEAL

SC dismisses the petition seeking review of the Rafale Verdict

Rahul Gandhi’s apology for his “Chowkidar Chor Hai remarks”; Contempt Petition dismissed


Delhi-NCR Pollution| Crop stubble burning must stop immediately and all states must do everything to stop it: SC

People are dying. More people will die but those at the helm seem interested only in gimmicks. We will supervise this matter now. Crop stubble burning must stop immediately and all states must do everything to stop it.


MORE STORIES


When a woman says she did not consent to a physical relationship, court should not presume otherwise

Section 87 of the Arbitration and Conciliation Act, 1996 struck down. Here’s why

The introduction of Section 87 would result in a delay of disposal of arbitration proceedings, and an increase in the interference of courts in arbitration matters, which defeats the very object of the Arbitration Act, 1996, which was strengthened by the 2015 Amendment Act.

Victim’s counsel can make up for deficiencies in the prosecution case but can’t argue the case

If the victim’s counsel feels that a certain aspect has gone unaddressed in the examination of the witnesses or the arguments advanced by the Public Prosecutor, he may route any questions or points through the Public Prosecutor himself.

NCLAT’s order set aside in Essar Steel Insolvency case; Key issues on Corporate Insolvency Resolution Process answered

The NCLAT judgment which substitutes its wisdom for the commercial wisdom of the Committee of Creditors and which also directs the admission of a number of claims which was done by the resolution applicant, without prejudice to its right to appeal against the aforesaid judgment, must therefore be set aside.

SC refuses to strike down provision relating to an NRI’s right to claim eviction under the East Punjab Urban Rent Restriction Act, 1949

The 3-judge bench of Ranjan Gogoi, CJ and L. Nageswara Rao and Sanjiv Khanna, JJ has refused to hold  Section 13-B of the East Punjab Urban Rent Restriction Act, 1949 (Rent Act) merely because it grants a right to claim eviction for bona fide need by summary procedure to a certain group of landlords, that is, Non-Resident Indians subject to and on the satisfaction of statutory conditions which incorporate a check on frivolous evictions.

Architects Act, 1972 will prevail over AICTE Act as far as recognition of degrees and diplomas of architecture education is concerned

Norms and Regulations set by the Council of Architecture (CoA) and other specified authorities under the Architects Act, 1972 would have to be followed by an institution imparting education for degrees and diplomas in architecture.

Rape & murder of a 10-year-old & her brother: SC refuses to review it’s 2:1 verdict awarding death sentence

In a ghastly case involving rape and murder of 2 children, the 3-judge bench of RF Nariman, Surya Kant and Sanjiv Khanna, JJ has refused to review their verdict in Manoharan v. State, (2019) 7 SCC 716, upholding  the conviction of the accusedIn the said judgment, the bench had unanimously upheld the conviction, but gave 2:1 verdict on quantum of punishment.

Tata’s Housing project in Chandigarh stalled for being ‘too close’ to Sukhna Lake & Widlife Sanctuary

In the matter concerning the housing project, on the ground that the area in question falls within the catchment area of Sukhna Lake and is 123 meters away from the boundary of Sukhna Wildlife Sanctuary, the 3-judge bench of Arun Mishra, MR Shah and BR Gavai, JJ has held that such projects cannot be permitted to come up within such a short distance from the wildlife sanctuary.

SC directs Orissa govt. to to depute full time Chief Administrator for Shri Jagannath Temple to ensure peaceful darshan

It is apparent that various aspects have to be gone into and considered by the Temple Managing Committee and wherever the Government role comes in, the Government has to do the needful after taking all the stakeholders into confidence.


IN OTHER NEWS


Know Thy Judge| Justice SA Bobde takes charge as the 47th Chief Justice of India

A part of me will always remain with the Supreme Court: CJI Ranjan Gogoi on his last working day

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