Supreme Court Monthly Roundup – December 2020
TOP STORIES Daughter-in-law’s right to residence under DV Act versus right of in-laws to seek eviction under Senior Citizens Act, 2007| Here’s
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Patent and latent ambiguities, as explained by Supreme Court
Supreme Court: While settling the dispute between Anglo American Metallurgical Coal (AAMC) and MMTC Ltd, the bench of RF Nariman* and KM
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Anglo American Metallurgical Coal versus MMTC| Supreme Court finds Delhi HC’s division bench verdict “flawed”; Restores Arbitral Tribunal’s majority award
“The entire approach of the Division Bench is flawed.”
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Triple Talaq| No bar on granting anticipatory bail for an offence committed under the Muslim Women (Protection of Rights on Marriage) Act, 2019: Supreme Court
Supreme Court: The 3-judge bench of Dr. DY Chandrachud*, Indu Malhotra and Indira Banerjee, JJ has held that there is no bar
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Supreme Court year-end roundup| From important judgments to unmissable facts and stories, here’s a comprehensive roundup of all that happened in 2020
2020 has been a year of COVID-19, challenges, and changes. Of many things that this year has taught us, one of the
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When can members of a group be held individually guilty for an offence? Supreme Court explains applicability of Sections 34 and 149 of IPC
Supreme Court: Explaining the difference between Sections 34 and 149 of the IPC, the 3-judge bench of NV Ramana, Surya Kant* and
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2020 Roundup: 11 Constitution bench judgments, 17 judges, Zero dissent
♦ Did you know? In the year 2020, All the Constitution bench verdicts were unanimous with no dissenting opinion. 9 out of
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“Open category is open to all”; SC directs appointment of OBC female candidates with higher marks than General Category female candidates as Constables by UP Police
“Any selection which results in candidates getting selected against Open/General category with less merit than the other available candidates will certainly be opposed to principles of equality.”
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Are strict principles of evidence and standards of proof like in a criminal trial applicable in Motor Accident Claims cases? Supreme Court answers
Supreme Court: The bench of Surya Kant and Aniruddha Bose, JJ has held that the strict principles of evidence and standards of
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Why are Landlord-tenant disputes under TP Act arbitrable but those under Rent Acts non-arbitrable? [‘Vidya Drolia’ explainer by Supreme Court]
Supreme Court: Three days after the Court overruled the ratio in Himangni Enterprises v. Kamaljeet Singh Ahluwalia, (2017) 10 SCC 706 wherein it was held
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FIR is not a detailed chronicle of all intricate and minute details of an offence: Supreme Court [Read what a valid FIR is]
Supreme Court: The bench of AM Khanwilkar and Sanjiv Khanna, JJ has held that the true test of a valid FIR is only whether
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MLA casts vote in Rajya Sabha election in morning, gets convicted in the afternoon. Such vote will still be valid despite MLA’s consequent disqualification, holds SC
“To hold that a Member of the Legislative Assembly stood disqualified even before he was convicted would grossly violate his substantive right to be treated as innocent until proved guilty.”
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Supreme Court issues contempt notices to comic Kunal Kamra and cartoonist Rachita Taneja
Supreme Court: The 3-judge bench of Ashok Bhushan, R. Subhash Reddy and MR Shah, JJ has issued notice to cartoonist Rachita Taneja
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COVID-19| Pandemic is spreading like a wild fire. Take strict action against those violating Guidelines “whoever he may be”; make treatment affordable: Supreme Court
“Even if one survives from COVID-19, many times financially and economically he is finished.”
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Bombay High Court could not have granted Scheduled Tribe status to “Gowari” community, holds SC. Read what happens to admissions, employment secured so far
Supreme Court: In a case where the Bombay High Court declared that tribe “Gowari” is a part of Scheduled Tribe “Gond Gowari”
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COVID-19| Do you see authorities pasting posters outside COVID-19 positive persons’ homes? They can’t do that [Read SC Order]
No such direction has been issued by the Government of India.
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After a suicide note made it to newspapers in a dowry death case, Supreme Court says ‘Selective leaks to media neither fair to accused nor to victims’
“To expect that the family of the deceased should be scouring the pages of the print and electronic media before reporting the crime is a mockery of the human condition.”
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Supreme Court refuses to interfere with Allahabad High Court’s order quashing Dr. Kafeel Khan’s detention
Supreme Court: The 3-judge bench of SA Bobde, CJ and AS Bopanna and V. Ramasubramanian, JJ has refused to interfere with Allahabad
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Farmers’ protest can continue peacefully without impediment. Supreme Court calls for constitution of a committee to resolve the issue
“Indeed the right to protest is part of a fundamental right and can as a matter of fact, be exercised subject to public order.”
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Ola, Uber do not facilitate cartelization or anti-competitive practices between drivers, holds SC but says no to imposing “heavy cost” on the informant
“When the CCI performs inquisitorial, as opposed to adjudicatory functions, the doors of approaching the CCI and the appellate authority, i.e., the NCLAT, must be kept wide open in public interest.”
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