SUPREME COURT WEEKLY UPDATE 8-14 APRIL 2019

The Supreme Court dismissed Centre’s preliminary objection against using privileged documents for considering the review petitions in the Rafale case. While dismissing the Centre’s preliminary objections, the CJI observed that there is no provision in the Official Secrets Act by which Parliament has vested any power in the executive arm of the government either to restrain publication of documents marked as secret or from placing such documents before a Court of Law which may have been called upon to adjudicate a legal issue concerning the parties. No such provision in any other statute has been brought to our notice, the CJI said.

The Supreme Court reiterated that principle of Res Judicata defined in Section 11 of the Code of Civil Procedure also applies to the labour/industrial proceedings.

Absence of the accused while taking evidence of prosecution witnesses, by itself, would not vitiate the trial, unless great prejudice has caused to the accused, the Supreme Court held, while upholding a High Court judgment which ordered fresh trial in a murder case.

498A Case Can Be Filed At A Place Where A Woman Driven Out Of Matrimonial Home Takes Shelter

The Supreme Court observed that, though conviction can solely be based on dying declaration, corroborative evidence may be required when there is doubt as to whether the victim was in a fit state of mind to make the statement.

Deceased Bachelor’s Age To Be Considered For Calculating ‘Multiplier’ In Motor Accident Claim Cases

The bench comprising Justice SA Bobde, Justice Sanjay Kishan Kaul and Justice Mohan M. Shantanagoudar

Section 138 NI Act: Complainant Bound To Explain His Financial Capacity When It Is Questioned By The Accused

In a judgment, the Supreme Court expressed its concern about the trend of challenging almost every tender in writ proceedings ‘almost as a matter of routine’, The bench comprising Justice SA Bobde and Justice Sanjay Kishan Kaul observed that it affects the efficacy of commercial activities of the public sectors, which may be in competition with the private sector.

The Supreme Court dismissed a man’s plea challenging detention order passed against his father under COFEPOSA in the year 1974. The bench observed that the Competent Authority and the Appellate Tribunal constituted under the provisions of SAFEMA

Domestic Inquiry During Pending Criminal Trial Not Contempt: SC Upholds Termination Of Teacher Accused Of Sexually Harassing Girl Students. The bench comprising Justice Uday Umesh Lalit and Justice Indira Banerjee observed that the initiation of the process in a departmental proceeding, in matters like these, cannot be said to be amounting to contempt of court even if the criminal proceedings were pending.

The Supreme Court reiterated that the consent for sexual intercourse obtained by a person by giving false promise of marriage would not excuse him from rape charges. The bench comprising Justice L. Nageswara Rao and Justice MR Shah, in a criminal appeal referred to many judgments on the subject and restated the legal position.

Observing “no useful purpose will be served” after long delay, the Supreme Court closed a Special Leave Petition filed by Centre of Indian Trade Union(CITU) in 1997 seeking probe into the alleged Enron-Dabhol corruption case.

SC Upholds Madras HC’s Direction Appointing Retired Police Officer To Head SIT Probing Idol Theft Cases