SCC online Weekly Rewind | Episode 26th with Devika Sharma
SCC Online Weekly Rewind Episode 26th ft. Devika Sharma, Senior Editorial Assistant is out now. The written episode along with the video episode can be watched and read below.
Supreme Court
- Born in a district of Bihar that’s now a part of Jharkhand? Here’s where you can claim reservation
In a very interesting decision, Supreme Court held that such persons whose place of origin/domicile on or before the appointed day i.e. 15th November, 2000 was of the State of Bihar now falling within the districts/regions which form a successor State, i.e., State of Jharkhand under Section 3 of the Bihar Reorganisation Act, 2000 can claim the benefit of reservation for participation in public employment in either of the successor State of Bihar or State of Jharkhand. Reservation can, however, not be claimed in both the States simultaneously.
Link: https://bit.ly/3BIw95k
- Issue-wise analysis of why SC ordered demolition of illegal twin towers constructed by Supertech, prosecution of NOIDA and Supertech officials for collusion and possible statutory violations
‘The law must step in to protect legitimate concerns of residents whose quality of life is directly affected by the failure of the planning authority to enforce compliance of law.’
Upholding the Allahabad High Court’s decision with respect to ordering demolition of Tower 16 and 17 of Emerald Court constructed by Supertech Ltd. in Noida, Supreme Court found the construction illegal. The two towers were in violation of statutory regulations.
Supreme Court ordered Supertech to refund with interest the amounts invested by allottees of flats in these two towers. Supertech was also ordered to pay costs of Rs 2 crore to the Resident Welfare Association of Emerald Court Group Housing Society, which had initiated proceedings by filing a writ petition in the High Court.
Court further found that the case was replete with instances which highlight collusion between the officers of NOIDA with Supertech and its management. Therefore, the High Court’s direction for sanctioning prosecution against officials of Supertech and NOIDA was also upheld.
Lastly, the Court observed that
“Unfortunately, the diverse and unseen group of flat buyers suffers the impact of the unholy nexus between builders and planners. Their quality of life is affected the most. Yet, confronted with the economic might of developers and the might of legal authority wielded by planning bodies, the few who raise their voices have to pursue a long and expensive battle for rights with little certainty of outcomes. As this case demonstrates, they are denied access to information and are victims of misinformation.”
- Extend benefits of welfare schemes not only to children orphaned by Covid-19 but also to children orphaned during Covid-19: Supreme Court
While addressing the plight of children orphaned during Covid-19 pandemic, and Lauding the steps taken by the Union and State governments to provide succour to the children in need, the Bench expressed,
“It is heart-wrenching to note that the survival of so many children is at stake. We are glad that the UOI and the State Governments / Union Territories have announced schemes to provide succour to the children in need. We have no doubt that the authorities concerned would leave no stone unturned to attend to the immediate basic needs of the crestfallen children.”
- Judges speak through their judgments and orders: Supreme Court pens down it’s opinion on oral regimes
Judges speak through their judgments and orders.
Addressing a very significant matter, Supreme Court expressed that the element of judicial accountability is lost where oral regimes prevail. This would set a dangerous precedent and is unacceptable. Judges, as much as public officials over whose conduct they preside, are accountable for their actions.
- Repeated inquiries for verification of caste certificates detrimental to members of SC/ST: Supreme Court states when reopening inquiry into caste certificate is permissible
Supreme Court reversed a judgment of the Madras High Court delivered over a decade ago and held that the State Level Scrutiny Committee had no power to reopen the matter relating to the caste certificate that had been approved by the District Vigilance Committee, without an appeal being filed against such order. The Supreme Court declared that:
“Reopening of inquiry into caste certificates can be only in case they are vitiated by fraud or when they were issued without proper inquiry.”
Supreme Court of the United States
- Texas Legislation imposing a “near complete ban on abortions” gets a green signal as SCOTUS declines to grant any relief on the matter
In a significant decision which can have major repercussions on a woman’s choice to abort in the United States, the full bench of SCOTUS, with a ratio of 5:4, declined to block the Texas law which imposes a near complete ban on abortions
High Courts
Kerala High Court
Kerala High Court while addressing the instant suo motu case pertaining to the plight of mentally ill remand prisoners who had been left to languish in prisons due to them being abandoned by family and friends. Calling it blatant violation of basic human rights as well as of fundamental rights guaranteed by the Constitution, the Bench expressed,
“The powerless, voiceless mentally ill prisoners languishing in prisons and mental health centres for years together, embroiled in legal quagmire and abandoned by family and friends. The system and the society presume them to be devoid of knowledge and feeling, thereby turning them into stone.”
Jammu and Kashmir and Ladakh High Court
While dealing with the intriguing question regarding criminal liability of a debtor of abetment of suicide where the creditor has committed suicide on being prompted by debtor’s refusal to repay the loan amount, Rajnesh Oswal, J., answered in negative. The Bench stated,
“Though the different persons may react or respond to a particular situation differently but this court is of the considered opinion that mere refusal to repay the loan cannot in any way can be considered to be an act of abetment to drive the deceased to commit suicide.”
Delhi High Court
Bank Guarantee: Can these be encashed during their validity period? Read Del HC’s opinion on furnishing of bank guarantees
Can Bank Guarantee be encashed during their validity period?
Delhi High Court expressing that no judicial finding is there to state that a Bank Guarantee cannot be encashed during its validity further opined that Bank Guarantees are not furnished for being photo framed and kept in a drawing-room.
Meghalaya High Court
State not to insist on production of Aadhaar Card as the only proof of identity for vaccination
High Court of Meghalaya while observing that in respect of the vaccination policy presently adopted by the State of Meghalaya and particularly in remote villages, there were eligible persons who cannot be vaccinated simply because they do not possess any AADHAAR Card.
The Court thus requested the State not to insist on production of AADHAAR Card as the only proof of identity since there were other recognised options available to citizens of India to present their proofs of identity.
Tribunals/Commission/Regulatory Bodies
Central Administrative Tribunal
Can family pension be equated with a compassionate appointment? Can employer deny grant of one benefit because the other one was refused by beneficiary? Tribunal answers
Central Administrative Tribunal held that compassionate appointment cannot be equated with family pension. Slamming the respondents for their insensitive and inconsiderate attitude towards a person with 82% permanent disability, the Bench expressed,
“This correspondence between the 2nd and 3rd respondent indicates lack of any sensitivity and concern towards a physically handicapped person…the net result is that a physically handicapped person, whose parents have expired is being denied the family pension which is due to him as a matter of right in terms of extant rules and regulations.”
Advance Rulings
Maharashtra Authority for Advance Ruling
Whether reimbursement by Industry Partner to Third Party Aggregator of stipend paid to trainees, would attract GST?
Industry partner that provides training to the trainees is required to pay stipend to the trainees. The said stipend is not directly paid to the trainees by the companies, rather the same are routed through the applicant. Adding to this, it was stated that the entire amounts received as stipend from the companies are paid to the trainees without any amount being retained and the same was not taxable at the hands of the Industry Partner.
Legislation Updates
- Government introduces a new registration mark for new vehicles “Bharat series (BH-series)” to facilitate seamless transfer of vehicles
The Minstry of Road Transport and Highways in order to facilitate seamless transfer of vehicles, has introduced a new registration mark for new vehicles i.e. “Bharat series (BH-series)”.Avehicle bearing this registration mark shall not require assignment of a new registration mark when the owner of the vehicle shifts from one State to another.
- SEBI issues circular on disclosure of risk-o-meter of scheme, benchmark and portfolio details to the investors
SEBI has issued a circular for disclosure of risk-o-meter of scheme, benchmark and portfolio details to the investors in order to protect the interests of investors in securities and to promote the development of, and to regulate the securities market.
A link will be provided to investors to their registered email to enable the investor to directly view/download only the portfolio of schemes subscribed by the said investor.
- Income Tax (25th Amendment) Rules, 2021
The Central Board of Direct Taxes has passed Income Tax (25th Amendment) Rules, 2021. The Amendment inserts Rule 9D prescribing calculation of taxable interest relating to contribution in a provident fund, exceeding specified limit. Some points are required to be taken in to considerations for the calculation of taxable interest relating to provident fund which can be read in detail on SCC Blog.
- USA – TEXAS | Heartbeat Act, 2021
After the United States Supreme Court declined the request of urgent stay of Heartbeat Act, 2021, the New Abortion Law comes into force in Texas on September 1, 2021.
The Act bans abortions if there is a fetal heartbeat that can be detected. It has been in controversy as it bans most abortions after about six weeks of pregnancy as per the medical experts (Act has not specified the weeks).