Supreme Court 2018 Flashback Part-II
15. JUDGE LOYA DEATH CONTROVERSY
Petitions Seeking Probe Into The Death Of Judge Loya Dismissed
[TehseenPoonawalla V. Union of India & Anr.]
Supreme Court of India dismissed the petitions seeking independent probe into Judge Loya’s death. The Three-Judge bench of Chief Justice Dipak Misra, Justice D. Y. Chandrachud and Justice A. M. Khanwilkar, was pronouncing the verdict in the string of writ petitions seeking an independent probe into the death of CBI special judge B. H. Loya.
16. LG VS DELHI GOVT
LG cannot interfere in each and every decision of the Delhi Government
[Govt. of NCT of Delhi V. Union of India & Anr.]
In a significant judgment, the Constitution Bench of the Supreme Court held that the Lieutenant-General of the Delhi had to act as per the aid and advise of the Council of Ministers of Delhi Government except in matters of land, police and public order.
17. STAY NOT MORE THAN SIX MONTHS
Stay In Civil/Criminal Proceedings Not To Be Granted Beyond Six Months; Further Extension Only By Speaking Order
[Asian Resurfacing of Road Agency Pvt. Ltd.& Anr. VS. Central Bureau of Investigation]
18. GST VALIDITY
Constitutional Validity Of Goods And Services Tax (Compensation To States) Act, 2017 Upheld
[Union of India & Anr. V. Mohit Mineral Pvt. Ltd.]
The Supreme Court upheld the Constitutional validity of Goods And Services Tax (Compensation To States) Act, 2017, as well as the Goods and Services Tax Compensation Cess Rules, 2017, as framed under the Act. The verdict was delivered by a Bench comprising Justice AK Sikri and Justice Ashok Bhushan.
19. SC-ST ACT MISUSE
SC Issues Directions To Prevent Misuse Of SC/ST Act, Govt.Servants Can’t Be Arrested Without Prior Sanction
[Dr. Subhash Kashinath Mahajan V. State of Maharashtra & Anr.]
Supreme Court of India issued directions to prevent the misuse of provisions of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act 1989 (SC/ST Act). A Two Judge Bench of Justices AK Goel and UU Lalit was examining the question whether there can be procedural safeguards so that provisions of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) (SC/ST) Act 1989 are not abused for extraneous considerations.
20. LAWMAKER LAWYERS
Can’t Restrict MPs And MLAs From Practicing Law
[Ashwini Kumar Upadhyay V. Union of India & Anr.]
Supreme Court dismissed the petition seeking a declaration that a person cannot be permitted to perform the dual role of a lawyer and a legislator (MP/MLA). The three-Judge Bench comprising Chief Justice of India Dipak Misra, Justice AM Khanwilkar and Justice DY Chandrachud was pronouncing the Judgment on a petition filed by BJP leader and Advocate Ashwini Kumar Upadhyay.
21. DISQUALIFICATION OF CANDIDATES
Candidates Cannot Be Disqualified On Framing Of Charges In Criminal Case
[Public Interest Foundation & Ors. V. Union of India & Anr.]
The five-judge Constitution Bench of the Supreme Court held that candidates cannot be disqualified merely because charges have been framed against them in a criminal case. The bench urged the legislature to consider framing law to ensure decriminalisation of politics.The judgment came on petitions filed by BJP Leader Ashwini Updhya former CEC JM Lyngdoh& NGO, Public Interest Foundation by a bench comprising Chief Justice of India Dipak Misra, Justice RF Nariman, Justice AM Khanwilkar, Justice DY Chandrachud and Justice Indu Malhotra.
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